Randy Singer: The Justice Game

Heads were nodding. Bella was still wide-eyed, trying to take it all in.

“One other thing I didn’t mention last night,” Kelly said. “I would like to leave someone here to monitor things.” She was speaking to Jason. “You’ve got Bella and Mr. Lassiter. The rest of us may be called back to court. My dad’s in from out of town, and he can be trusted to keep this confidential. If we decide to move forward with this, I’d like to have him stay with this jury and your team as part of the monitoring process.”

Jason shrugged and looked at Case. He knew better than to seek Melissa’s approval on anything right now.

“It’s fine with me,” Case said. “If you can’t trust a minister, we’re all in trouble.”

Other logistical details were discussed, and a stunned Bella and Andrew Lassiter were dispatched to prepare the jurors for a meeting with the real attorneys and real parties in the case.

A few minutes later, Bella came back and directed traffic. She was already taking to her new role, a kind of shadow judge for the shadow jury. She explained to the litigants that the jurors were in the hotel’s largest conference room, right down the hall. They were seated around a conference table, and Bella had put some chairs in front of the table for the lawyers and their clients.

She had Kelly and Blake enter first, followed by Jason, Case, and Melissa. There were astonished looks on the faces of the shadow jurors, as if the actors from a TV show had just walked into their living room. Bella introduced the parties and their lawyers and asked them to take a seat. Then she turned to her jury.

“Folks, the lawyers are going to ask you a few questions to make sure you’ve not been biased by some outside source in this case. The actual case has had a few-” she searched for the right word-“hiccups. It’s now going to be incumbent on you to render a fair and impartial verdict in this case. And the parties have agreed to be bound by whatever you decide.”

After nearly an hour of voir dire, Kelly and Jason stepped into the hallway to consult with their clients. They huddled for a few minutes; then Kelly pulled Jason aside, out of earshot of the others.

“We’ll go with it,” Kelly told him.

Jason took a deep breath, and Kelly’s heart went out to him. Though Jason hadn’t shared any details about his conversations with his clients, it was obvious that Melissa Davids was not happy.

“Thanks,” Jason said.

“Let me go to the feds with you,” Kelly said. It was an offer she had already made, and Jason had already refused.

Jason shook his head. “Part of the deal was that I go alone. There’s no use destroying more lives than we have to.”

He had the same determined look in his eyes that he did on Friday night when they met at the Hilton. Jason had told Kelly about the attack in the parking lot and the way Luthor had blackmailed him in the case. Jason said that he had decided not to call Chief Poole to the stand. He suggested that he and Kelly settle the case. If they couldn’t agree on a settlement, Jason would move for a mistrial based on his own misconduct. Either way-settlement or not-he was going to blow the whistle on himself and go to the authorities.

Later on Friday night, after her ocean swim, Kelly had reconciled herself to the fact that her past would be exposed. The one thing Luthor had demanded of her was that she refuse to settle. But her client’s best interest now demanded settlement-it was either that or face a mistrial motion from Jason that would undoubtedly be granted. Afterward, they would all be back at square one.

But Jason had no authority to settle unless he could get his client to go along.

Over the weekend, a slightly different plan evolved, fueled by the objective thinking of Brad Carson. Why not submit the case to the shadow jury? That way, both sides could get a fair resolution and they could still nail Justice Inc. for trying to blackmail the litigants in the real case.

As the plan unfolded, Kelly began to trust Jason and decided to tell him in confidence about Luthor’s e-mails to her. She had offered to go the authorities with him, but Jason had been adamant that he wouldn’t settle the case if she did.

“You didn’t do anything wrong,” Jason insisted now, as the two lawyers stood alone in the hallway. “I kept two jurors on the panel who I knew would hurt my case. You didn’t do anything to hurt yours. Luthor wasn’t sabotaging your case; he was helping it. Why ruin your career too?”

“But he was trying to manipulate it from both sides. His e-mails to me are still a crime.”

“We’ve been over this, Kelly. Your duty is to your client. The terms of settlement I offered include you not going to the authorities unless your testimony is later deemed necessary to convict Robert Sherwood and Justice Inc.”

He was right; they had gone over this ad nauseam last night. On this point, Jason would not budge. Kelly didn’t understand why he was so adamant about protecting her, but she couldn’t really fight it. The agreed-upon resolution was in the best interest of her client.

“Okay,” she said with a sigh.

“I’ll let everyone know we have a deal,” Jason said.

They shook hands, and Kelly thanked him. He nodded grimly.

Even in the best case, his reputation would be shattered. His green eyes had gone from piercing to resolved, the look of a martyr heading into the Coliseum. He seemed so much older to Kelly than when they had started the case. She felt a little ashamed at the way she had initially judged him and belittled him.

“You tried a good case,” she said.

“Not half as good as you.”

Kelly’s dad arrived at the hotel a few minutes later, and another round of introductions followed. The plan now was for Blake and Kelly to head back to the Virginia Beach courthouse and chat with reporters while the jury deliberated. They would be joined there by Melissa Davids, who would provide the media with plenty of ammunition from her side. Brad and Jason thought it would seem a little suspicious if every participant in the trial suddenly disappeared for the entire afternoon.

The shadow jury would be monitored by Kelly’s dad, Bella, and Case McAllister. It was never explicitly stated, but everyone knew what Jason would be doing. It was time to turn state’s evidence and cut a deal.

Kelly decided to stop at her hotel on the way to the courthouse. She wasn’t looking forward to another round of fending off reporters, especially when she needed to be careful not to say something inappropriate during jury deliberations. She figured she could spend a few minutes packing her stuff and watching the news coverage. She could grab a sandwich and eat lunch while driving to court.

She parked in the 31st Street garage, on the fourth floor. By now she knew the routine-she would walk down two flights of stairs and cross over the street on the covered concrete bridge that connected the parking garage to the hotel.

She reached the stairwell at about the same time as a man from another spot on the fourth floor. He looked vaguely familiar-maybe one of the other regulars at the Hilton? He was wearing jeans, a Windbreaker, and a baseball cap with a ponytail hanging out the back.

A Windbreaker? It was pushing ninety-five degrees.

Kelly walked down the first flight of steps as quickly as her high heels would allow. The man followed close behind, literally breathing down her neck. If she kicked off her heels, she could surely out-sprint him. The man must have tipped the scales at 250.

As she turned the corner to head down the next flight, he reached out and grabbed her arm. She gasped as he drew her next to him, face-to-face, a gun suddenly in her ribs.

“Not a word,” he hissed.