Doc: The Rape of the Town of Lovell (29 page)

Q And you were convinced, but you didn't believe yourself even?

A Yes.

Q I see.

A I didn't want to believe it.

Q And all at once in 1983 you even convinced yourself, apparently?

A Yes. ...

Q And yet you permit your children to see Dr. Story after you became convinced?

A ... I guess. We figured if we were in there, nothing could happen to them.

The questions turned more personal:

Q You've had problems with your husband off and on, have you not? Marital problems?

A Oh—

Q From time to time?

A Small ones. We had one big one a couple of years ago—three years ago.

Q Is that when you took an overdose of asprin?

A Yes.

Q Were you attempting to take your life at that time, Mrs. Durtsche?

When the questioning proceeded to Mike's prostate problems and a urinary infection and some unfounded fears about VD, Kathy Karpan interrupted: "Your Honor, I recognize that the scope of questioning in this hearing has been very broad, but I must question the materiality of asking Mrs. Durtsche to go into detail about her husband's problems."

Kelper said, "Your Honor, I have not questioned about her husband's problems. She has told us about them. I have been careful not to ask, and I really frankly don't care."

The lawyers squabbled for several minutes. A flushed Kathy Karpan argued that Dr. Story had had no business revealing confidential information about Mike's medical history and the defense lawyer shouldn't be permitted to bring up such privileged material now. There was a lot of jawing about "the rule of law." Story's lawyer said, "I think you'll find the rules of privilege do not apply when the patient is accusing the physician of a practice such as this."

The judge agreed, and the defense lawyer bore down:

Q Did you have a pelvic examination at that time because you were concerned [about YD]?

A Yes.

Q Yes. Fine. You have expressed concern to your working cohorts about men making advances to you on your mail route, have you not?

A I've had two men give me problems on the mail route.

Q In recent months?

A No. No.

Q But you have had two occasions?

A Yes.

Q And when you attended the Relief Society meeting and they were talking about incest and so forth, you did make the statement there, Well, you knew how that felt, that when you were young, I don't know whether it was a cousin or a relative or something, molested you? You did report that to the Relief Society?

A Yes.

Q I have no further questions.

Aletha vowed not to let anyone see her annoyance. What did these questions have to do with Story's guilt or innocence? Every young couple had marital problems. Did that justify raping the wife? Every female letter carrier had to repel advances. Her early fears about VD had been pure paranoia, based on ignorance. Was it okay to rape women who'd made half-hearted "suicide" attempts? As for the "incest"—a couple of her crazy cousins had fumbled at her breasts when they'd all been nine years old, and not one attempt had been reciprocated. Yet these silly points had been used to smear her in the eyes of the Board.

She shot a defiant glance at Story and his three lawyers. They'd fired their heaviest guns and hadn't shot her down. If they thought they were going to break her with their sleazy little questions, they were wrong.

She was excused at
5:20 p.m. As
she was leaving she heard the lawyers agree to start the third day of hearings the next morning at eight. She told Mike that they'd tried to rape her legally, but this time she'd fought them off.

42

THE RECORD

BEFORE THE WYOMING STATE BOARD OF MEDICAL EXAMINERS In the Matter of the License of JOHN H. STORY, M.D.

(Excerpts)

Hearing Officer Raper
Last evening as
I
was going into the Settler's Inn after yesterday afternoon's session, Mr. Kepler approached me and advised that he had an offer to make to the Board. ... I think we should get it on the record. . . .

Charles Kepler
.... At least two witnesses yesterday testified that they had seen Dr. Story's penis. Dr. Story is willing to submit to a physical examination by one or more members of the Board if the Board feels that knowing the size, characteristic, character of his penis would be beneficial in their deliberations. Our proposal would be that because of the embarrassment to Dr. Story, that Miss Karpan . . . not be present . . .

Raper
. . . Well, the Board will take the proposal under advisement, and later today we'll come up with a ruling.

Kelper
Thank you . . .

Kathy Karpan
Your Honor, at this time the State will call its last witness. . . .

TESTIMONY OF JOHN H. STORY, M.D.

Q Doctor, would you please state for ,the record your full name and your current address?

A I'm Dr. Story. Dr. John H. Story, 982 Nevada, Lovell, Wyoming.

Q Are you a licensed physician in the state of Wyoming? A Yes. Yes, I am.

Q Doctor, could you tell the Board when and where you were born?

A In Nebraska, 1926.

Q And when and where did you graduate from high school? A In Malcolm, Nebraska. Q And when was it? A 1944.

Q And where did you attend college?

A I attended two colleges. Wheaton College and the University of Nebraska. Q And what year did you graduate from Nebraska? A 1954. No, that's not right. 1950. Q Where did you attend medical school? A The University of Nebraska. Q And what year did you graduate? A 1955.

Q Did you complete an internship? A Nebraska Methodist Hospital in Omaha. Q For one year? A Yes.

Q Could you summarize . . . what your professional career had been before you came to the state of Wyoming?

A You've outlined part of it. And then I was in Utah for some surgical residency. And then I came—then I came to Wyoming, and practiced one year in Nebraska before coming to Wyoming. Q And where did you practice in Nebraska? A Crawford, Nebraska.

Q What other states are you licensed to practice medicine in? A Nebraska and Wyoming.

Q And do you remember what year you were licensed to practice in Wyoming? A 1958.

Q Where do you practice medicine?

A Lovell, Wyoming.

Q And how long approximately have you done that?

A Twenty-five years.

Q Are you board-certified in any area?

A I have no Board certification.

Q Doctor, how did you come to choose Lovell as the community in Wyoming that you wanted to practice in?

A Based on their need.

Q Could you describe in a general sense the nature of the practice that you had in Lovell?

A It was a general practice, which includes general medicine, some surgery, orthopedics and obstetrics.

Q At any time since you've been in Wyoming, Dr. Story, have you ever practiced medicine with another doctor in the same office?

A Never. I never have.

Q Doctor, as a general practice at this time, do you have as a rule in your office that when you conduct a pelvic examination a third person will be present with you in the examining room?

A Currently?

Q Yes, sir.

A Yes.

Q Has this always been your practice?

A Since June of last year.

Q Doctor, what is your understanding, based on your training and medical school and your experience over the years, as to what is the generally accepted standard governing whether or not a third person should be present during a pelvic examination?

A I think because of legal implications it's come to be expected more than it used to be.

Q Could you tell us what function you think that arrangement serves aside from legal protections?

A It serves the function of a witness.

Q Any other function?

A I use her to dictate things to her that I would have done myself otherwise.

Q Doctor, when you say that as of June you've had a nurse present, would that be as of June, 1983?

A Yes.

Q And would that have been one month prior to your informal interview with the Board of Medical Examiners?

A Yes, it would be.

Q ... Do you recall . . . approximately 1972 or 1973 meeting with a gentleman named John Shotwell to discuss a complaint he had?

A Yes. Yes, I met with him.

Q Do you remember what year that was?

A Approximately when you say. Approximately '72 or so.

Q Dr. Story, as you can best remember, what was Mr. Shotwell's complaint to you?

A He had no complaint. I asked him to meet with me. And I asked if I could talk to his wife and he said no.

Q Why did you ask to meet with Mr. Shotwell?

A Because I had heard that—I had heard that his wife was doing some talking that wasn't very advantageous to me.

Hearing officer Raper
Could you speak up a little more, Doctor?

A Okay.

Q
(By
Kathleen Karpan) Do
you remember where you met with Mr. Shotwell?

A Yes. It was in the hospital.

Q Did you ask Mr. Shotwell if he could explain what the nature of these stories were, or did you understand at?

A No. I asked him if he would tell me about it, and he had nothing to explain.

Q What was the general nature of the comments that Mrs. Shotwell had been making?

A Oh, I believe—of course that's why I wanted to talk to her. -believe it was that I had mistreated her daughter. I never knew for sure.

Q Did Mr. Shotwell tell you at the meeting—

A No.

Q —Anything about his daughter?

A No.

Q Did he make any request of you?

A No.

Q Do you remember, Doctor, again in this same time period 1972, 1973, a meeting with Mr. Dee Cozzens?

A No.

Q Did Dee Cozzens ever ask you to make it a practice to have a third person present?

A No, he didn't.

Q You have no recollection of that conversation?

A None.

Q Are you aware, aside from what you have heard in this hearing, of Dr. Welch contacting Mr. Dee Cozzens on this matter?

A I had heard unofficially that there was some association.

Q Dr. Story, at any time, and no restriction on years, at any time did Dr. Ray Christensen of Powell ever talk to you—

A No.

Q —On this subject?

A No.

Q Dr. Story, in the spring of this past year, 1983, did you have occasion to speak with Dr. John Welch on the subject of whether you ought to have a third person present during your pelvic exams?

A Not as a topic. I mean—

Q Did that subject come up, Dr. Story?

A I met with him twice. Yes, I think he did mention that, the second time I talked to him.

Q Was it your impression, Dr. Story, that Dr. Welch made any recommendation to you on this subject?

A The comment was that this is the only way—the only way to squelch this sort of thing is to have a witness.

Q Do you remember when that conversation was?

A My two conversations with him were in—I think in June. Both in June, I believe.

Q And have you changed your practice since June?

A Yes. Uh-huh.

Q Dr. Story, do you recall meeting with Mr. and Mrs. Scott Brinkerhoff in the hospital—

A Yes.

Q —To discuss complaints.

A Yes, I do.

Q As a matter of fact, Dr. Story, do you recall describing a part of that meeting to the Board of Medical Examiners during your informal interview?