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State v. Combs

9/25/2002

ition of Esther's body. Dr. Gerlock responded negatively. Joseph had also informed Dr. Gerlock that Esther was "adopted." However, Dr. Gerlock claimed that he was extremely vague concerning any additional information, such as where the adoption occurred or any other specific details.


Terri Matney, also on duty in the Medical Center's emergency room on February 18, 1997, testified that Esther was "real hysterical" when she arrived. She appeared disoriented and confused and kept repeating, "I'm sorry. Don't hurt me. I made the coffee." Matney tried, unsuccessfully, to calm her down. The medical staff then pumped her stomach. Matney observed scars "from head to toe" on Esther's neck, front side, arms, back, and legs. She had never before seen a patient with that many scars. Emergency room nurse Vickie Lee Blaylock was responsible for taking blood pressure readings on Esther. At trial, Blaylock testified that each time she touched Esther's arm, Esther would say, "I'm sorry. Don't hurt me. I'll be good," over and over again. Blaylock corroborated Matney's observation, i.e., that Esther was thrashing, screaming, and crying--in a state of delirium--when she initially arrived at the hospital. Blaylock said that later, when Esther calmed down, she became combative only when someone touched her.


Dr. Gerlock treated Esther until her condition stabilized, at which point he recommended that she be admitted into the hospital. Esther was transferred to the Cardiac Intensive Care Unit ("CICU") of the Medical Center. Elizabeth Owens Cribb, the assistant nurse manager for the Critical Care Division, was instructed to take photographs of the scars on Esther's body. She did so on February 18, 1997, the day Esther arrived at the hospital. Cribb testified at trial that Esther's body presented layers of scar tissue along the inside of her thighs and her back, neck, forehead, and chin. Esther was drifting in and out of consciousness during the photograph session. Later, when Esther became coherent, Cribb heard her ask for her family.


Dr. Jennifer Quesenberry Stiefel was the resident physician in charge of Esther's care at the Medical Center. Dr. Stiefel's initial evaluation took place in the emergency room, shortly after Esther arrived. She described Esther's condition at that time as "critical." Her eyes were closed and she was moaning. Verbal communication was not possible. Dr. Stiefel spoke with Joseph Combs, who related the following information: Esther had gone to bed at approximately 3:00 a.m. that morning, complaining only of a mild headache and some abdominal pain. Later that morning, at approximately 11:00 a.m., they discovered her crumpled on the bathroom floor. Dr. Stiefel asked Joseph whether Esther had a history of medical or behavioral problems. Joseph reported no problems, other than some fainting and dizzy spells over the last two or three years, but reported that Esther had never been evaluated by a physician. When asked whether there was a chance that Esther had ingested any substance, e.g., household chemicals, alcohol, et cetera, capable of altering her mental status, he replied negatively.


When Esther became able to converse intelligibly, she informed Dr. Stiefel that she recalled going to bed at approximately 3:00 a.m. on February 18, 1997, and waking up in the Medical Center three days later. Dr. Stiefel testified that Esther denied drinking antifreeze and, when she asked Esther how she had managed to accumulate so many scars, her answer was nearly identical to that later received from both parents: "I'm a clumsy person. I play rough and I fall a lot."


Dr. Stiefel ordered a variety of tests performed in an effort to accurately determine the cause of Esther's

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