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Approximately an hour later the jury reached a verdict.
The verdict was read
and in favor of Dr. Kagan. I was stunned. I couldn't help
but wonder if the jury was even listening to the lengthy medical
testimony or were
they just too uneducated to understand it. Mr. Deratany immediately
asked the court for a mistrial based upon Mr. Tarpey's improper
closing arguments to the jury and the judge's
refusal to properly respond. That request was denied.
At the time the verdict
was read I felt like I was going to pass out and was holding
back tears. I waited until the jury was excused back to the
jury room and left the courtroom with my head up. I was not
about to let Dr. Kagan and Mr. Tarpey see me in the pain that
they caused me by misrepresenting
the facts and being rewarded with a verdict
in their favor.
Several days later the court received a letter from a juror's
friend saying that I did not receive a fair trial and gave
reasons for that opinion. A copy of the letter was sent by
the court to Mr. Deratany and Mr. Tarpey. Mr. Deratany went
before the court asking for a mistrial again which the court
denied. Mr. Deratany asked the court for the opportunity to
conduct a court supervised questioning of the jurors. I asked
that the FBI be called to investigate, as I was told that
that frequently happens when there is a questionable situation
with a jury. The court had a hearing on the matter and at
that time Mr. Tarpey stated that the letter could have been
written by me or my family in a desperate attempt to overturn
the verdict. Mr. Tarpey
said that that explanation is plausible because "during the
pendency of the lawsuit
plaintiff has written
letters to certain witnesses
expressing her disappointment and disapproval with these witnesses
upon learning of their testimony." He went on to say that
I wrote a "very offensive and disturbing letter" to Dr. Caleel's
office after he gave testimony
and expressed his opinions. I found that accusation ridiculous
in light of the fact that Dr. Caleel didn’t have any opinions
in spite of his thirty plus years of being a surgeon. Mr.
Tarpey's representations to the court were completely untrue.
His statements slandered my family and me. Mr. Tarpey was
once again able to attack me with his lies and distortions
of the truth, and I was not even in the courtroom to defend
myself against these ugly and false accusations. The court
again denied Mr. Deratany's motion for a mistrial, as well
as his request to conduct a court supervised questioning of
the jury. Mr. Deratany filed a post-trial motion asking for
a new trial based on seven different allegations of error
in the court's rulings throughout the trial. That motion was
also denied.
I was not surprised by the court's endless rulings against
us during the trial and after. At the time that I learned
my trial was assigned to Judge
Lynn Egan, I was told by many attorneys
who were familiar with her that she just came to the bench
after being a defense attorney
and that she is a defendant's
judge. That was an understatement;
it felt to me like Judge Lynn Egan was part of Dr. Kagan's
defense team.
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