like, âWell, asshole? Iâm talking to you,â and when Tom still didnât say anything Harold hauled off and started to throw this big roundhouse punch. A second later heâs flat on his back, screaming. His nose was broke but Tom did something to his leg too, only it was so fast I couldnât be sure what he did.â
âYouâre certain Harold was the aggressor and threw the first punch?â
âDefinitely!â
âWould you be willing to sign an affidavit that sets out what you just told me?â Kate asked.
âThey arrested Tom?â
Kate nodded. âHe spent the night in jail.â
âThatâs ridiculous. Iâll definitely sign an affidavit. And the beer is on me.â
CHAPTER 4
The Veterans Administration hospital was located off Southwest Terwilliger Boulevard high up on one of the hills that overlooked downtown Portland. A week after taking on Tom Beattyâs case Amanda Jaffe entered the office of Dr. Martin Fisher armed with a waiver signed by her client that authorized the psychiatrist to talk openly with Amanda about Tom Beattyâs medical problems.
Dr. Fisher was a tall, angular African-American with high cheekbones, a wide forehead, and dark brown eyes that appraised Amanda through thick tortoiseshell glasses. His office was typical government issue: a gray, gunmetal filing cabinet, cheap wooden bookshelves stuffed with medical tomes, and an old scarred desk that had probably been doing duty since World War II. The dull green walls were decorated with university and medical school diplomas as well as photographs of the doctor in uniform nestled among other soldiers in some tropical setting. From the doctorâs saltâand-pepper hair, Amanda guessed the photo might have been taken in Vietnam.
âThanks for seeing me, Dr. Fisher,â Amanda said. âIâm representing Tom Beatty, one of your patients. Heâs been charged with assault growing out of a bar fight. My investigator interviewed several witnesses and they all say that Mr. Beatty did not start the fight and was defending himself against a man named Harold Roux, who is much bigger than Tom.â
âThen why do you need to talk to me?â Dr. Fisher asked.
âRoux is in the hospital with some pretty bad injuries. Iâm afraid that the district attorney may take the position that regardless of who started the fight, Tom used way more force than was necessary under the circumstances. Tom says youâve been treating him for post-traumatic stress disorder, and I thought it might have some bearing on the way he reacted.â
âIt might,â Dr. Fisher said.
âCan you tell me about Tomâs military service and how he developed PTSD?â
âI can tell you that he was a Navy SEAL, but Iâm not authorized to tell you the details of Tomâs missions even with a release, except to say that he was involved in serious combat operations.â
âOkay, Iâll accept that. But he has developed PTSD as a result of his military service?â
âYes.â
âUnder Oregon law a person acting in self-defense can use a degree of force he reasonably believes is necessary for the purpose,â Amanda said. âRouxâs knee was shattered, his nose was broken, and his shoulder was dislocated in a matter of seconds. I need to know if you think Tomâs response was overkill or the reasonable use of force, given the circumstances, Tomâs training, and his PTSD.â
âTell me the facts surrounding the fight.â
Dr. Fisher listened closely while Amanda laid out the story that Kate Ross had pieced together. When she was finished, he stared into space for a while. Then he refocused on the attorney.
âRoux is much bigger than Tom?â he asked.
âHeâs several inches taller and outweighs him by fifty pounds or more.â
âAnd they were in very close quarters?â
âYes. Could his