Testifying for two-and-a-half hours Wednesday, Dr. Mark Turpen, a Southwest Memorial Hospital emergency room physician, denied that he was negligent in the suicide death of Ted Villelli on June, 10, 2010.<\/p>\n
\u201cI remember that night very well,\u201d Turpen said. \u201cI remember the events vividly.\u201d<\/p>\n
Turpen stuck to themed replies, avoiding a single gotcha moment from a torrent of questions by plaintiff\u2019s attorney Mike McLachlan.<\/p>\n
Making direct eye contact with jurors, Turpen said, \u201cMy first obligation as a doctor is to the patient. I have to represent the patient sitting in front of me.\u201d<\/p>\n
Turpen\u2019s central message, which he repeated numerous times, was the patient was \u201ccompetent, rational and sober.\u201d He added that after Villelli indicated he was not a danger to himself or others, he was discharged.<\/p>\n
\u201cMr. Villelli did not show any clinical signs that he was unable to make a rational decision,\u201d said Turpen.<\/p>\n
Requested by law enforcement on behalf of concerned family members, Villelli\u2019s mental health evaluation by Turpen lasted a total of 10 minutes. He committed suicide less than six hours later.<\/p>\n
\u201cDo you have an obligation to verify information provided by patients?\u201d McLachlan asked.<\/p>\n
\u201cI take patients at their word,\u201d replied Turpen.<\/p>\n
\u201cWas believing Ted Villelli a mistake?\u201d a frustrated McLachlan demanded.<\/p>\n
\u201cNo,\u201d said an unflinching Turpen. \u201cI thought he was being honest.\u201d<\/p>\n
\u201cDid you care about Mr. Villelli?\u201d McLachlan fired back.<\/p>\n
After an objection by defense attorney John Mullen, Chief District Court Judge Doug Walker admonished McLachlan to cool his tone. A medical malpractice and insurance attorney, Mullen is a senior partner in a Colorado Springs law firm. Representing Villelli\u2019s wife, Renee, McLachlan is also a Democratic member of the Colorado House of Representatives from Durango.<\/p>\n
Wearing a dark gray suit and black cowboy boots, Turpen was also drilled on why he never opted to examine Villelli\u2019s past medical history on file at Southwest Memorial. Medical records reveal the patient had a history of chronic depression dating to childhood; had been prescribed anti-depressants, pain medication and sleeping pills; and had attempted suicide by drug overdose twice in late 2008.<\/p>\n
\u201cWere you the captain of the ship?\u201d McLachlan asked.<\/p>\n
\u201cWe don\u2019t have a ship,\u201d replied Turpen. \u201cI am the doctor. I make decisions as the emergency room physician for medical treatment.\u201d<\/p>\n
\u201cDid you have access to the medical history records?\u201d McLachlan demanded.<\/p>\n
\u201cIf we had needed them, then we could have gotten them,\u201d said Turpen. \u201cWe didn\u2019t need them.\u201d<\/p>\n
An independent contractor with the hospital, Turpen was working a 24-hour shift, one of six he\u2019s obligated to cover each month. Turpen said he had been on duty for 16 consecutive hours without sleep when Villelli entered the emergency room four years ago.<\/p>\n
\u201cDid you fulfill your professional obligation?\u201d asked McLachlan.<\/p>\n
\u201cMr. Villelli made choices,\u201d Turpen responded. \u201cAfter he left Southwest Memorial Hospital, he made a bad choice.\u201d<\/p>\n
On cross-examination, Turpen again reiterated that Villelli was \u201ccompetent, rational and sober\u201d and even \u201cjovial\u201d on the night in question.<\/p>\n
\u201cThere were no overt signs that he was depressed,\u201d Turpen said.<\/p>\n
Other witnesses<\/p>\n
Also on Wednesday, Walker ruled the jury would not be privy to information that former emergency room nurse Marsha Casey or Southwest Memorial Hospital were both initially named as defendants in the lawsuit. Walker said that detail would create confusion among jurors.<\/p>\n
\u201cIt (would) open up a can of worms that we don\u2019t need to get in to,\u201d Walker said.<\/p>\n
Made aware that Villelli had expressed suicidal thoughts to a relative on the day in question, Casey was the emergency room nurse on duty that night. She said the hospital did not provide mental health training to staff, but using her near four decades of experience as a registered nurse, Villelli did not appear depressed or sad.<\/p>\n
\u201cHe denied he was suicidal,\u201d Casey said. \u201cHe denied he had a gun.\u201d<\/p>\n
\u201cWe made a judgment that he was safe,\u201d she said.<\/p>\n
Psychologist Tom Seymor, one of Villelli\u2019s former mental health counselors, also testified Wednesday. He described his former patient as \u201cvulnerable,\u201d stating Villelli could be happy one moment and depressed the next \u2013 generous and then selfish.<\/p>\n
\u201cHe was almost always suicidal,\u201d Seymor said.<\/p>\n
Seymor last treated Villelli in November 2008, days after his second suicide attempt. He concluded, stating all emergency room staff should be on high alert anytime when caring for a known suicidal patient.<\/p>\n
Day 2: Tuesday<\/p>\n
On Tuesday, law enforcement officials, who escorted and monitored Villelli during his ER visit, testified they were shocked that the mental health evaluation lasted mere minutes rather than the normal hour or more.<\/p>\n
\u201cDamn, that was quick,\u201d one deputy recalled.<\/p>\n
Discharged from the hospital, the patient was transported to his residence on County Road 27 by Montezuma County Deputy Sgt. Jason Spruell.<\/p>\n
\u201cI told (Villelli) to shake my hand and tell me he wasn\u2019t going to hurt yourself,\u201d Spruell said. \u201cHe shook my hand.\u201d<\/p>\n
Also on Tuesday, Renee Villelli, said she discovered her husband\u2019s body in the backyard of their home. She added her husband had removed all the couple\u2019s photos from the home before his death.<\/p>\n
Renee Villelli said that in the last few months of her husband\u2019s life, she went into protective mode, and removed both her and the couple\u2019s children from the residence. She wanted to safeguard her kids from her husband\u2019s verbal attacks and threats of physical abuse.<\/p>\n
\u201cI stood up as tall as I could,\u201d she testified. \u201cLife was hard.\u201d<\/p>\n
Walker also ruled on Tuesday that jurors would not be privy to Villelli\u2019s final note found at the scene.<\/p>\n
Day 1: Monday<\/p>\n
On Monday, McLachlan said in his 40-minute opening statement a preponderance of the evidence, that which was likely true, would show that Turpen was negligent and could have prevented the suicide.<\/p>\n
\u201cThey didn\u2019t want to bother with Ted Vernelli,\u201d McLachlan told jurors.<\/p>\n
During his seven-minute opening statement, Mullen asked the jurors to rely on testimony and evidence presented at trial, rather than argumentative statements made by opposing counsel.<\/p>\n
\u201cWhat happened after Mr. Villelli left the hospital is a tragedy,\u201d Mullen told jurors, \u201cbut we can\u2019t judge this case with hindsight.\u201d<\/p>\n
A total of 55 potential jurors appeared in court Monday morning for jury duty. After hours of voir dire, seven jurors, composed of six women and one man, were impaneled. Made up of a business manager, the wife of a police officer, an artist and a retired teacher, the jury was expected to deliberate on Friday.<\/p>\n
Throughout the trial, Walker has repeatedly asked jurors to refrain from discussing the case with anyone, reading any media reports, conducting any Internet research or forming any opinions until all evidence was presented.<\/p>\n
\u201cKeep an open mind during the trial,\u201d Walker told jurors.<\/p>\n
On Thursday, day four, several expert witnesses were expected to testify.<\/p>\n