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The following passage is from the Introduction to A Love that Kills. 
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It started on a Tuesday . . .
. . . another beautiful, clear morning. That day, everybody in the city of Stanhope, Rhode Island, population 35,000, loved General Eisenhower, Joe McCarthy was their national hero, and traditional values of family life and patriotism were the hallmark of its people. The largest law firm in the county, Tisdale, Prosser and Davidorff, occupied the sixth floor of the Chasen Building. This trial firm was noted for its defense of white-collar criminals, as well as for its record of verdicts in excess of $100,000 in negligence cases. The chief trial attorney for the firm was David Davidorff.
January, 1950, and the world appeared to be at peace. Yet it was still a time of war -- the “cold war” -- a clash of ideologies, Democracy versus Communism. It was a time of togetherness and belief in ideals. Yet it was also a time of fear and suspicion, as evidenced by Senator McCarthy's strenuous fight against Communism. Alger Hiss, the nation's leading intellectual, had recently been tried for the crime of treason and found guilty of the lesser crime of perjury. But his trial exposed the American people to the reality of the ideological struggle that was going on daily.
On this particular morning, Davidorff strode through the tastefully decorated reception area and toward his private office, greeting the receptionist, whose name he could never remember, with his customary, robust “Good morning,” tipping his homburg in her direction, then walking directly into his office, which had recently been redecorated and still seemed rather strange to him. The decorator had replaced his old maple desk with a mahogany, leather-topped monster. Bookcases lined two walls, and leather dominated-from the high-backed judge's chair behind the desk to the overstuffed, leather, wing-backed visitor chairs. In one corner stood a complete human skeleton, and in the opposite corner, an old world globe was the focus of attention-except for the ornate and well-stocked bar that was recessed into the wall to its right. Several paintings by the well known artist, Levine, depicting courtrooms and related subjects, hung on the wall behind the desk, and on its surface rested a finely-crafted bronze statue of a hunting dog with the day's catch in his mouth.
Davidorff was a man of ample girth, approximately six feet tall, weighing some 320 pounds. His outstanding feature, though, was a balding head that capped a distinctly “bulldog” face. When he spoke, one could easily detect the slight New York accent he had carried with him through life. All in all, for “legal” purposes, his form and figure were imposing.
He had subtly arranged the furniture in his office so that the chairs in front of the desk were at a level lower than his judge's chair behind the desk, thus giving him a psychological advantage when interviewing a client or witness.
After hanging his overcoat in the closet, he went to his desk, and from an ornately engraved humidor he retrieved a cigar. In accordance with his daily ritual, he proceeded to chop off the tip of the cigar with a miniature guillotine, then he leaned back in his chair and lit the cigar with a wooden match. An expression of contentment came over his face as he tilted his head upward and puffed cigar smoke toward the ceiling, mentally retreating into a pleasant memory. In the midst of this relaxing moment, the buzz of the intercom brought him back into the moment and forced his focus once again to the business of law.
“Yes, Miss Simpson,” he spoke into the box, addressing his private secretary, who had been with him for well over a decade.
“Mr. Davidorff,” Miss Simpson replied, “there's a call on the first line from Mayor Tom Conway.”
Davidorff carefully rested his cigar in the groove of the crystal ashtray and picked up the receiver. “Tom, how are you?”
“I'm fine thanks, but I need to talk to you about something terrible that has happened. Have you seen this morning's newspaper?”
“No I haven't. I just got in. Wait a minute, I have it here right in front of me.”
Across the top of the newspaper, in bold print, was the headline:
DAUGHTER SHOOTS FATHER AT STANHOPE HOSPITAL
“You referring to the story about the shooting?” Davidorff asked.
“Yes. You see, Dave, I've known the Patton family for many years, and I'm really concerned about how the case could develop in the future. I'm calling because I'd like you to defend the poor child, as a favor to me.”
“What happened, Tom?” Davidorff inquired.
“Virginia Patton, the girl's mother, called me last night, panic-stricken, and told me a horror story which I still can't bring myself to believe. Her husband, George Patton, was recuperating from an exploratory cancer operation at the hospital when his daughter, Cindy, shot and killed him with his own revolver. The police are holding her until a grand jury is convened to indict her for murder.”
“The shooting took place in the hospital? My God!, W were there any witnesses? Tom, why did she do such a thing? Was it hate, disappointment, stress . . . what?” Davidorff was puzzled at the motive for such an unnatural act.
“Hell, no, Dave,” the mayor answered. “They loved each other very much. You might say they were devoted to each other. Inseparable. As a matter of fact, she was closer to her father than her brother, Carl, was. You know, I believe she did it because the poor bastard was riddled with cancer.”
“There's the motive,” Davidorff thought to himself. “Tom, I'd like to see the girl and her mother tonight in my office before I decide to represent her. Can you get the police to release her for an hour or so? Use your influence.” He knew that Mayor Conway would have no trouble satisfying the request.
“Sure, Dave, I'm quite sure I can arrange it. Around 7 seven o'clock, then?”
“That's fine,” Davidorff concurred. “But before you hang up, give me some background information about his family so that I'll be somewhat prepared when I meet them.”
“Sure, Dave,” the mayor replied. “The Patton family isn't wealthy. The father, George, was a police officer for the tTown of Stanhope for sixteen years. He was well liked by his fellow officers and neighbors. Everybody always spoke highly of him-and of Cindy, too. From the day she was born, Cindy was her daddy's girl. She followed him everywhere while she was growing up. The two of them were close. George used to refer to his daughter as `my bright little shadow'. Last year, Cindy enrolled in Manhattan College-`a Catholic institution of higher learning', they called it. Cindy's a graduate of Saint Margaret's Academy and St. Theresa's parochial grammar school. During her high school and college years she was a member of Our Lady's Sodality, and for all intents and purposes, she's a practicing Catholic.”
“It certainly looks like we have our hands full with this one, Tom,” Davidorff saidreplied. “Let's see what happens tonight.”
For the rest of the day, the Patton shooting and the sparse facts that had been disclosed to him haunted Davidorff. The violent manner in which the father was killed puzzled him. “Why a gun? What made her choose this means of death over any other, like poison?” He hoped that he would find some answers when he interviewed her that night.
At 7 seven o'clock, sharp, the door to his waiting room opened and two women entered. One, in her mid-fifties, was dressed entirely in black. The other, a tall girl in her twenties, wore a simple, plain navy-blue dress, unadorned with any decorations. She wore no jewelry. Her complexion was extremely pale-except for dapples of redness in her cheeks, an obvious sign of nervousness. Her gaze was focused on the carpet directly in front of her. Minutes later, Mayor Tom Conway followed them into the room, just as Davidorff was entering the reception area from his office.
“Good evening, Dave,” the Mayor said as he extended his hand to Davidorff. “I'd like you to meet Mrs. Theresa Patton and her daughter, Cindy.”
They both raised their eyes to him as Mrs. Patton said, “We're so glad you are able to see us Mr. Davidorff. It's been such an ordeal.” She spoke in a strained, yet soft voice. Cindy remained silent. After leading them into his office, Davidorff directed them to the chairs in front of his desk before lowering himself into the judge's chair.
He then began the questioning of the Pattons. “Cindy, I want to get one thing straight, from the start.” Glancing at the other two people, he said, “I'm addressing myself now to Cindy because she is the accused, but this also applies to you, Mrs. Patton.” He made sure that eye contact was maintained between him and them before he proceeded. “I am here to help you, but in order to accomplish that, I must have all the facts at your disposal -- the truth -- before I'll decide to take your case. Do you understand that?”
They both nodded consent; Cindy still averted her eyes from him. “I can imagine what a horrible ordeal this must be for both of you, yet I must ask you certain questions that are necessary for me to prepare your defense. Now, Cindy, please, you must look at me, okay?” He waited for her to elevate her chin, then asked: “Cindy, how did you kill your father?”
He wanted to see what effect that question would have on her composure. Tears began to fill her eyes as she hesitantly lifted her head and looked at him. “Mr. Davidorff, I don't remember a thing about that night.” She sobbed uncontrollably while as her mother rose from her chair and held her daughter in her arms. Davidorff waited patiently for Cindy to calm down before pressing the questioning. “What's the last thing you remember about that day?”
“The last thing? I don't understand,” Cindy said.
“Well, did you visit your father at the hospital that day?” he asked.
“Yes, I did. He had just had surgery and he was in his room, still unconscious, with all the tubing coming from his body.” She broke off her conversation, burying her head in her hands. Her body was convulsed with sobbing.
“I don't think we can do anything more tonight, Tom” Davidorff whispered to him. “The poor kid's a wreck.”
“I'm okay now, Mr. Davidorff,”' she reassured him. “That scene was the last thing I remember -- and that's the truth.”
“I believe you, Cindy,” he said. “But, I think we should have another meeting at my office. Tom, why don't you bring them to my office some day next week before the grand jury convenes. Call my office for an appointment and we'll discuss this matter further then. Is that all right with you, Cindy?” She The young girl nodded her consent. “Fine, I'll see you then. Goodnight, ladies.”
As the women left the office, Tom stopped before entering the waiting room, closed the door, and turned to Davidorff. “What do you think, Dave? Does she have a chance?”
“I don't know yet. We'll see. I don't want to make any hasty decisions without the benefit of all the facts, and I don't know whether I have them all, or not.”
It had been a brief interview, but it revealed to the veteran attorney that beneath Cindy's veneer of gentility and poise seethed an emotional volcano that, which had been activated by the horrendous news of her father's illness. Was it enough to destroy her volition such that she no longer knew right from wrong? Would a jury buy that defense?
The majority of cases are won -- long before they are tried in court -- by a thorough investigation of the facts and research of the applicable law. Very much aware of this, Davidorff contacted his best investigator immediately and commissioned an exhaustive study on Cindy's family background-particularly her relationship with her father-plus a rundown on her friends and classmates in high school and in college, and he asked for a written and signed statement from everyone who had been a witness or near-witness to the shooting itself.
A few days later, at their next meeting, Davidorff became convinced that Cindy really didn't recall the events precipitating surrounding the shooting of her father. Was it amnesia? Did the horrible thing that she had done blank out her memory? Or was there something more to it? Did she know she was doing something wrong at the time she killed him? In the 1950s, the standard for determining criminal intent in the state of Rhode Island was McNaughton's rule, which simply asked: Did she Cindy know right from wrong at the moment when Cindy she committed the act? If not, then she was not guilty of the crime as charged. She would have to be examined by a psychiatrist; that would be necessary so as to determine what the defense was going to be.
* * *
Earlier in 1949, in New Jersey, a doctor had been arrested for the murder of one of his patients who had been a terminally ill cancer victim. He had knowingly injected air into her veins to put an end to her suffering. The doctor's lawyer indicated to the news media that his client would plead not guilty, since this act was a mercy killing and, therefore, there was no criminal intent to commit murder. The case received worldwide attention. The New York Times, Time, Newsweek, Harper's, and Atlantic Monthly carried feature articles on “euthanasia.” It was debated on radio and television by doctors, lawyers, and moral theologians.
One week after the Patton killing, the grand jury met and indicted Cindy for murder. Local newspapers carried the story and drew an analogy between the New Jersey case and the Patton case.
At this point, Cindy had not yet been put to plea on the charge, but her defense was already being speculated upon by the press. Davidorff had to make a decision soon. In light of the New Jersey case, should she admit to the killing as a mercy killing? He did not think Rhode Island, and particularly the people of Stanhope, would buy that defense. Euthanasia, in theory, had a beneficial purpose, which was: to rid the patient of suffering. But the means were questionable. Who would decide when to practice it? The patient? His family? His doctor? Society? The ramifications were startling-and confusing-and, in Cindy's case, difficult to present as fact.
When they appeared in court to put Cindy toenter a plea, the courthouse was jammed with spectators and reporters from both the local and New York newspapers, the Associated Press, United Press International, Time, and Newsweek. Cindy was visibly shocked and became hysterical as news photographers overwhelmed her with their cameras and flashing bulbs and reporters' microphones in front of her, recording her answers to their baited questions. Davidorff blocked them from her with his husky body and moved quickly into the courthouse, where all cameras and recording devices were banned.
Leland Watson was the State's Attorney assigned to try of thise case. Davidorff had met with Watson earlier that day to discuss the facts in the matter and to see if anything could be done to reduce the charge. The state had indicted for murder in the second degree and would stick to that charge. There was nothing to talk about unless she pleadeded guilty, which was out of the question. The defense investigation revealed that Cindy became hysterical following the shooting and that her father's doctor, Dr. Elwood Morgan, called a psychiatrist, Dr. Ernest Sinton, to examine her and to see if he could calm her down.
The sound of the gavel and the mumbled recitation of the official greeting by the bailiff ushered in Judge Walter Timmons. A superior court judge for fifteen years, Timmons was considered by the Rhode Island Bar Association to be one of the most learned jurists on the state's judiciary. He was perturbed that he had been assigned by Chief Justice Wells to preside over the first patricide in Rhode Island in 50 years-and the very first case of “mercy killing” in the state's history. Judge Timothy O'Meara had originally been assigned to preside over the trial but was suddenly removed from the case without explanation. Timmons did not like sitting on this hot potato, but he would do his best to see that both parties tried their case within the framework of the sState statutes and the due process clauses of the state and federal constitutions.
“Good morning, counselors,” Judge Timmons intoned, his volice resonating throughout the crowded courtroom.
“Good morning, Your Honor.” Both lawyers returned the greeting.
“You may proceed,” said the jJudge, nodding to the clerk, who began to recite the formal indictment.
“The information reads as follows,” the clerk began, then paused briefly before continuing. “The State of Rhode Island charges that on October 10, 1949, at Stanhope Hospital, you, the said Cindy Patton, did commit the crime of murder in the second degree, in that you, with malice aforethought, did shoot and kill one George Patton, against the peace and contrary to the form of the statute in such case made and provided. To that charge, how do you plead?”
“Not guilty by reason of insanity,” Cindy replied in a soft, tremulous voice. The silence of the courtroom was shattered as spectators voiced their reaction. The judge struck his gavel and raised his voice over the din. “Order! Oorder in this court!”
Once the spectators had become quiet once more, Judge Timmons addressed his remarks to the defense counsel. counsel: “Mr. Davidorff, your client is presently at liberty on her own recognizance in a capital case. I realize that there are certain factors in this case that are unusual, but I cannot countenance this situation. It is, therefore, the order of this court that bond be set in the amount of one million dollars.”
Cindy began to falter. She felt for the arms of her chair, but before she could seat herself, she fainted. Davidorff caught her as she fell. The judge then called for a short recess, and the bBailiff rushed over to her, broke a vial of smelling salts in front of her, and waved the vapors under her nose. In seconds, she awoke and began sobbing. By that time, her mother was at her side, consoling her. From now until the conclusion of the trial they would be separated, for it would be impossible for them to post a bond of that size. The county jail would be Cindy's temporary home.
* * *
Born of Jewish parents in 1902 in Kiev, Russia, David Davidorff and his family immigrated to the United States in 1913, settling in New York City. His father, Jacob Davidorff, was a merchant in the old country, but in New York, he and his cousin, Max Feinstein, who had preceded him to this country by five years, went into the wholesale fabric business in the garment district of the city. Their business thrived. Dave worked with his father in the business while attending public school. Upon graduation from high school with one of the highest academic records in his class, he entered New York University on a full tuition scholarship. His excellence in studies continued at the university, where he received a scholarship to its school of law.
He had certainly made his parents proud of having instilled in him the love of learning. “Education and knowledge is power,” his father had preached to him. “If you become the best and the brightest in any field, you will be respected and will prosper. Prejudice will wither away because people will respect you.”
In law school, young David found his true vocation. Brief writing and appellate procedure were not to his liking. Evidence, criminal law, torts, moot court, and constitutional law were his favorite subjects. He became editor-in-chief of the university's Law Journal, the greatest distinction a law student could attain. Even to this day, legal writers still cite several of his New York University Law Journal treatises in their briefs and articles.
While still studying at the law school, he also enrolled in graduate psychology courses at the university to enhance his knowledge of human behavior, believing that such study would prove a benefit to his technique of selecting juries in the future.
It was during this final term at law school that his family moved to Rhode Island, so soon shortly after graduating with his law degree he took both the New York and Rhode Island bar examinations, passing each in the top percentile group.
Although he had sent his résumé to many a number of law firms in New York, none were immediately interested in hiring him, so he opened an office in Rhode Island.
It was 1925 when he tried his first case before a jury. It was a fall-down case involving an elderly woman who tripped on an orange peel in a local A&P grocery store, fracturing her right arm. The jury awarded her $5,000-a significant settlement amount in those days.
In 1929, just prior to the onset of the great depression, he was appointed Assistant State's Attorney for Stanhope County, which he accepted because he believed that a financial world disaster was imminent. Clients would have no need for attorneys, nor the money to pay fees, until this chaotic condition ended.
While Franklin D. Roosevelt was in his third term as President-but before the start of World War II-Davidorff resigned his position in mid-1941 to resume the practice of litigation law. Thereafter, the list of criminal cases that he successfully defended increased, and the word got out that if you were in need of a good trial lawyer, Davidorff was your man. He ultimately argued several of his cases before the Supreme Court of the United States, and although in one case-the Silko case-the Supreme Court did find error, Silko was again found guilty in a re-trial and was imprisoned.
Davidorff never could figure that out, but he still enjoyed the distinction of being among the relatively few lawyers who have ever argued cases before the United States Supreme Court and won a reversal of the lower court's verdict.
After the Silko case, he tried fewer and fewer criminal cases, but he more than doubled the number of negligence cases in which he received substantial verdicts for injured plaintiffs. His practice became so successful that soon he soon added other lawyer to his firm in order to handle the increased volume of work. The expansion continued through the years until, at last count, there were thirty names on his firm's letterhead.
His success in both the civil and criminal field was phenomenal. Of course, he lost his fair share of cases, but his percentage of wins was far above average when compared to the records of other members of the Rhode Island Bar Association.
In 1949, in the trial of a wrongful death action before a twelve-man jury, he won the largest verdict ever recorded in such a trial and received national prominence as a result, b. But in the very next year the Cindy Patton case was tried, and that proved to be one the case for which he is would be best remembered to this day because of the human interest side of it-a father-daughter relationship severed by the merciful killing of the father by the daughter. It was that case that brought him truly national prominence. The local newspaper, ,however referred to it as a “mercy killing case,” which infuriated Davidorff.
The New York Times covered the Patton case, as well, but they had interviewed Davidorff and more accurately set forth his the defense as temporary insanity. There was a flattering biography of his professional life. Two prominent lawyers from the local bar were quoted as agreeing with that assessment. That article also included a statement from a judge of the Rhode Island Supreme Court, who, on the promise of anonymity, said, “Davidorff is one of the best trial lawyers in our state. He is always prepared, has a flare for the dramatic, and a remarkable rapport with juries. His bite is worse than his bark, and if you happen to be on the other side of his case, you'll soon find that out. He's as tenacious as a bulldog.”
Needless to say, Davidorff was pleased.
As he grew older, David Davidorff reduced his direct case load, appearing much less frequently, but his name still had the drawing power to attract clients, and many of the lawyers who had practiced with him had, over time, become judges.
It was common knowledge in the legal community that if you were on the other side of one of Dave Davidorff's cases, it was virtually a “sure thing” that the judge would somehow come around to Dave's point of view. His powers of persuasion remained at peak level throughout his career.
His personal life was not as simple. A bachelor for the first 58 years of his life, he personified the classic European picture of a devoted son who would not marry while his mother still lived. A few years after her death, he finally married a Russian refugee who had immigrated to Canada, where she had opened and developed a fashionable and successful boutique. He met her while visiting a relatives in Toronto, fell in love, and six months later, they married. There were no children from the marriage, but he obviously and openly found paternal satisfaction in his relationship with the young associates of the firm. This tendency, however, caused some friction between certain associates and their boss, because he was not their father, and since they were adult professionals, they felt his concern and attention to be patronizing. As a result, every two years produced a new crop of young, eager attorneys for joining the firm who to replaced the previous “Children of David,” as they were known to call themselves.
His generosity was unlimited. Even former associates had to admit that they had received the highest salaries of paid by any firm in town, and even before it had become common business practice they were rewarded with fringe benefits that included company-paid medical and health insurance, a generous retirement plan, expense accounts, and four two weeks of annual vacation from their first year of employment.
Over the years, Davidorff's charitable activities and financial support benefited Jewish, Catholic, and Protestant religious groups, and similarly, the Heart Fund, Cancer Society, and a hundred other charities became beneficiaries of his good fortune. He was the founder of the National Association of Litigation Attorneys, which today numbers 250,000 lawyers, an organization that was chartered specifically to be an informational forum and to inform and provide an exchange of ideas relating to the trial of criminal and civil cases.
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