Chapter 7 - Rachel’s lawyer takes the stand

Laura Mendoza testified first in the insurance case.
Marcus’s attorney objected to privileged communications.
Rachel was dead.
Privilege can survive death.
Exceptions vary.
The judge limited testimony to communications necessary to resolve beneficiary authorization and estate instructions, after briefing.
Laura testified:
Rachel contacted her two days before death.
Rachel stated she had discovered an insurance-beneficiary change she did not make.
Rachel wanted the insurer notified.
Laura personally sent written notice to Keystone that evening with Rachel copied through her secure client portal.
Keystone placed an administrative hold the next morning.
That happened while Rachel was alive.
Important.
Then:
“Did Rachel ask you to change her will?”
“No.”
“Guardian designation?”
“No.”
“Trustee?”
“No.”
“Did she say Marcus should receive the insurance?”
“No.”
Cross-examination:
“Was Rachel taking morphine?”
“Yes.”
“Lorazepam?”
At times.
“Did you conduct formal capacity evaluation?”
“No.”
“Are you a physician?”
“No.”
“Did Rachel ever become confused during your conversation?”
“She lost her train of thought once and returned to it.”
“Did she accuse Marcus of changing the beneficiary?”
“She said she believed he had.”
“Did she have proof?”
“Not at that time.”
Good.
No lawyer pretending omniscience.
Then the funeral instruction.
Laura drafted it.
Why hide phone in dress?
Rachel’s request.
Did Laura approve placing Leo in the middle?
“No.”
That surprised me.
“She told me she had already instructed Leo to wait for an alarm.”
“What did you say?”
“I told her a child should not be responsible for evidence preservation.”
Thank God.
“What did Rachel say?”
“She said Marcus had been taking devices from her room and Sarah was traveling. She was afraid she would die before she could hand the phone over.”
I had been in Chicago for work until sixteen hours before Rachel died.
Guilt arrived.
Laura continued:
“I advised her to give the device to me.”
“Did she?”
“No.”
“Why?”
“She said she was too tired to arrange it and Marcus monitored visitors.”
Marcus’s lawyer:
“Did Marcus prohibit you from visiting?”
“No.”
“Did he monitor you?”
“He was frequently present.”
“Did Rachel ever ask you to remove him?”
“No.”
There.
Not imprisonment.
Control can exist without locked doors.
But court would not infer beyond facts.
Then Laura testified that Rachel requested the navy dress placed in her pre-need file.
She gave it to funeral home in a sealed garment bag during an earlier planning appointment.
The phone pocket was already sewn inside.
Rachel later arranged for device insertion through a friend? Wait, who inserted it? This matters. She could have placed black phone in dress pocket while alive and returned the dress to funeral home? The dress stayed with funeral home after preplanning? Let's make chronology: six weeks before hospice, Rachel personally brought the dress to funeral home with phone sealed inside, after she had already started preserving insurance evidence? But beneficiary change was only 12 days before death, so phone couldn't contain later evidence if sealed six weeks before. Problem. Need resolve. Could funeral home return dress to Rachel before death? Hmm. Better: funeral home instruction existed six weeks prior for a concealed pocket, but actual phone inserted by hospice volunteer/friend at Rachel's direction days before death? That risks third party. We can say Rachel's longtime friend, Naomi Brooks, delivered garment bag to funeral home the morning before death at Rachel's signed direction, after placing sealed phone in pocket in Rachel's presence. Naomi testimony later. Need not have phone at funeral home six weeks prior. Let's correct narrative: Paul said navy dress was delivered before death in sealed bag and instruction dated six weeks earlier, not necessarily dress six weeks earlier. Fine. Laura can explain instruction prepared six weeks earlier; Rachel had a dress pocket prepared; Naomi delivered dress/phone day before death. Great.
Naomi's testimony later.
Then special master gained access to encrypted cloud folder.
Not yet disclosed publicly.
One recovered file matched deleted seven-minute memo.
May you like
Full audio existed.
Judge scheduled evidentiary hearing on authentication.