State of Lone Star v. John Martin, M.D. Witness

Vocabulary flashcards covering legal terminology, parties, exhibits, pharmacology, and facts from the trial problem State of Lone Star v. John Martin, M.D.

Would you please identify yourself?

My name is Dr. John Martin

What is your occupation?

I am a medical doctor.

Where do you reside?

I am currently residing in Paris, Lone Star

Can you tell us about your education background?

I went to a private high school named Dry Gulch Academy. I then went to college at Lone Star University in San Antonio, where I earned a degree in chemistry with a minor in biometrics. I was then accepted into Lone Star A&M Medical School.

What did you do after medical school?

I originally set up a practice in Turkey, Lone Star.

When did you first meet David Kitner?

I got to know David, or Special K as we knew him, through a friend named Ted Nugget.

Lots of local country and western folks are here, and we have had some singers coming through, including Ted Nugget. Nugget introduced me to Kitner.

So how did you get to be Kitner's personal physician?

Special K and I hit it off right away. We have similar personality types. He started staying at my place whenever he was in Turkey, then he invited me to go on the road with him and serve as his personal physician. Ultimately, I quit my practice in Turkey and traveled with Special K everywhere he went.

When Mr. Kitner was not on the road, where would you live?

his place in Armadillo had a cabana out back. I lived in the cabana when we

weren't on the road.

Where were you on the day Kitner died?

We were off the road. We were in Armadillo. I was in the cabana out by the pool

watching “Dances with Stars” with my girlfriend, Bree Trevino.

Did you become aware of some problem with Kitner?

Yes, I got a call on my cell phone from Special K, demanding that I come to the master

suite. He was complaining that he was having shortness of breath.

Did you go to the master suite?

No, first I asked him what he had been doing. He said he had been exercising

strenuously in the gym.

Did you have further conversation with him at that time?

Yeah, I told him that my question was really aimed at what drugs he was doing at the

time. He swore he hadn’t fallen off the wagon, so to speak.

Did you have any further discussion with him at that time?

Yes, when he told me he'd been exercising strenuously in the gym, I told him to quit that.

I attributed his symptoms to engaging in strenuous exercise for someone who was old, fat

and unaccustomed to doing much more than picking a guitar.

What did you do then?

Well, he kept demanding that I come to the master suite, so I went there. He asked me for some Propofol to relieve his symptoms.

At that time, did you administer any Propofol at all?

Absolutely not. There was no need to give him a strong sedative like that if his

symptoms were coming from exercise.

After you refused to give him Propofol, what did he do next?

Well, he then began complaining of extreme sluggishness and a certain pain in his chest.

I figured he was still having some shortness of breath from the over exertion, so I told

him to take it easy.

Did you do any physical exam at that time?

Yes, I took his temperature by placing my hand on his forehead. He was kind of clammy

and his skin was a little cold and looked a little blue. His pupils were somewhat narrow

and constricted. I didn’t see anything that set off any alarms.

At that point in time, were you aware that Mr. Kitner had been ingesting any kind of

medications or drugs?

No, I was totally unaware at that time that he had taken any form of recreational drugs in

the past several days. He’d had that bad cocaine habit that you read about everywhere,

but he told me he was going to clean up and go straight, and from my information he had

been clean and straight for several days. He wasn't acting weird, he appeared to be

sleeping well, he wasn't writing any music. I thought he was finally off the stuff.

What information did you have about Kitner quitting the cocaine?

Just seeing him around the house, for one thing. For another, I read tabloids like any

other competent medical doctor who treats stars, and I read that Kitner had quit using

cocaine, so I believed it.

After Mr. Kitner described his additional symptoms, what did you do?

As I said, I told him to relax and take deep breaths.

At sometime did Mr. Kitner's son come into the master suite?

Yes, I saw him poke his head in the door real quiet like, trying to be sneaky. He then

came on into the room when he realized that I had seen him. He immediately began

swearing at me, saying, "What do you think you're doing to my dad?" I didn't have to put

up with that from Little Kit, so I left the room.

Did you take your medical bag with you when you left the room?

No, I was pretty upset about Little Kit swearing at me, and I forgot to take my medical

bag with me.

What was in the medical bag that you left behind?

Well the bag contained all of my medical stuff including the medication Propofol, which

would have been absolutely contraindicated for any condition that Kitner was

complaining of.

You agree it would have been a bad choice of medications for a person with a history of

drug use that Kitner had?

Well, if he was actively using something like an opiate or codeine or some derivative like

Vicodin, it would have been absolutely contraindicated. Like I said, he'd been off of

everything for several days, therefore it would have been just questionable, but not totally

contraindicated.

Did you at some point go back into the master suite?

Yes, when I realized I forgot my medical bag, I decided I better go back in and get it

before Little Kit pilfered all the good stuff from it. When I walked back into the master

suite, I saw Little Kit standing right next to his dad's bed.

Did you observe the Junior Kitner doing anything?

Yes, he was furtively slipping a hypodermic syringe into the top of his custom-made

Lucchese boots. He also had something palmed in his left hand, which he immediately put behind his back.

What did you do then?

I asked him what he was doing. I asked why he was standing there. I asked him what he

had in his hand. I asked him what he had put in his boot.

Did he respond to any of these questions?

No, he just said, "Get out of here, you creepy old man!"

And what did you do then?

I left. I had a hot date with a cold drink at the cabana.

I apologize, but I have to ask this question: were you at any time that day under the

influence of any drugs?

Other than alcohol? Absolutely not.

Did you subsequently hear an ambulance come to the mansion?

No, we had the music turned up pretty loud in the cabana, I didn't hear another thing.

Next thing I knew about any problem was a police officer knocking on the door asking

me to come to the master suite because there had been a death.

Can you identify Exhibit 5?

Yes, Exhibit 5 is a photograph of Mr. Kitner, sitting in the same chair that I found him in

when I entered the master suite in the first place. Except now he's dead.

Is this the chair he was sitting in when you first observed him?

Yes, it is the red chair right next to his bed. One of his favorite places to sit.

When you were last in the master suite, was Mr. Kitner sitting in this chair?

No, he was not sitting in that chair. He was in his bed.

Was he wearing a suit when you last saw him?

No, he was wearing gym shorts and a ratty old t-shirt that said, "Keep Austin Weird."

To your knowledge, was anyone in the master suite after you left other than Little Kit?

No, he was the only one in that end of the house, which is a pretty far piece from

anywhere else in the house.

As you were leaving the master suite, did you hear Little Kit saying anything to his

father?

Yes, I heard Little Kit say, "Dad, we gotta go to the bank and transfer that money to my

account. Get your sorry, fat butt up and get a suit on."

Can you identify Exhibit 6?

Yes, this is information from the PDR, or Physician’s Desk Reference, a common

resource used by doctors to research drugs and their uses and interactions.

Do you recognize this material as authoritative?

Yes, all doctors recognize the PDR as the bible on drugs.Heavy stuff.

Do you recognize Exhibit 9?

Yes, that’s a prescription for a Dr. Rodney Acker for hydrocodone, dated about 4 weeks

before Special K died.

Were you aware of this prescription before Mr. Kitner’s death?

No, never saw it, never heard about it. If Special K was doing this stuff, I never saw any

indication of it.

After you learned Kitner Sr. was dead, did you have occasion to check your medical bag?

Yes, and I discovered that the syringe I usually kept in there pre-loaded with Propofol

was missing.

Any idea what happened to it?

I could speculate, but my lawyer wouldn’t like it. But the syringe was in the bag earlier

that day, before I ran into Kitner the Junior.