T. Bunn - Winner Take All

“Mr. Glenwood, would you care to respond?”

But Hamper’s tirade was not so easily stemmed. “Your honor, Mr. Glenwood is no longer in a position where he can respond. He is unable to act objectively with respect to his client. He and his fiancée clearly have access to information that I need to examine in order to defend my own client’s position.”

“Mr. Caisse-”

He raised his voice to override the judge. “I therefore ask that he be sanctioned for this highly improper conduct. Furthermore, I ask that he be removed from this case, and that you instruct the plaintiff to seek other counsel.”

Judge Sears had no choice but to ask Hamper the question she had sought to avoid. “Do you intend to call him as a witness?”

“I feel compelled to, your honor. In matters of such a sensitive nature, we’ve got to scrutinize everything with great care. Only he can testify to the substance of the conversation with my client.”

“Only my fiancée,” Marcus corrected.

“Which is the same thing, your honor.”

Judge Sears’ gaze held more caustic reproach than Marcus could bear without flinching. “Have you spoken with your fiancée about this matter?”

“I knew nothing about this at all, your honor.”

Hamper interjected, “May I remind the court that Mr. Glenwood is not under oath.”

Judge Sears chose to ignore him. “You have had no contact with her at all?”

“Only through the mail.” Marcus lifted the package. “Apparently she has videotaped her contact with Ms. Brandt.”

“What?”

“I assumed Erin Brandt would not be returning today. So I wanted a reputable detective to photograph the document handover, with someone from my staff there to ensure it was delivered intact. Obviously she misunderstood, and assumed she should make the contact personally.”

“So what you have there is a tape of the documents being delivered?”

“I assume so. It arrived just as I was leaving this morning.”

“You have not seen it?”

“No chance yet, your honor.”

“Court is adjourned for twenty minutes. You gentlemen join me in my chambers. Mr. Steadman, perhaps it would be a good idea if you joined us as well.”

Judge Sears waited until she was midway down the side corridor to lash out at Marcus. “How dare you put me in such a position!”

“I am deeply sorry, your honor. Kirsten overstepped the proper bounds.”

“By about four thousand miles.” She had to tilt her head until her hair spilled over the robes, but Marcus still had the distinct impression of being the smaller of the pair. “Why didn’t you instruct her more properly?”

“When she left, I was still in the Wilmington hospital, recovering from the boat blast.”

Hamper stepped to the plate. “That is no excuse, your honor.”

“I agree.” Pliers could not have tightened her face any further. “This way.” As she passed the court recorder’s desk, she added, “Join us, please.”

The judge’s office was a bare-walled alcove whose single dirty window overlooked the parking garage next door. She seated herself behind the desk and said, “Be seated, gentlemen. Mr. Steadman, do you wish to continue with Mr. Glenwood as counsel?”

“Absolutely, your honor.”

“I am inclined to recuse him from this case.”

“I’d ask that you not do that. If he’s made any mistake here, it’s for caring too much.”

She reached across the desk. “Give me the tape, please.”

“Your honor, I have to object-”

“Save it until after we’ve seen what we have here, Mr. Caisse.”

The videotape began with the elevator doors opening onto an irate little man compressed into an overtight suit. The camera was held at knee level, and was shot through a wide-angle lens that made the little man appear even broader. Dale snorted at the image, but said nothing. The scene was shot in colorless accuracy, the sound quality excellent save for a rustle matched to each of the man’s steps. Marcus realized the camera had to be fitted into a case held by the unseen man’s side.

“Your honor, I must protest-”

“Either be quiet or leave my chambers, Mr. Caisse.”

The man took them on a quick little tour of empty hallways. Kirsten appeared and disappeared so fast Marcus had time only for a single lancing instant of concern. She spoke a number and gave the camera a tensely frightened glance before disappearing.

Voices sounded in the distance, and the man began hurrying. He rounded a corner, another, moving so swiftly now the camera bounced like a ship in heavy seas. Then two women came into view. He thunked the camera down onto the floor. Legs blocked their view for a moment, but not the sound of Erin’s rising ire.

Then the man came into clear view, standing purposefully to one side, allowing them to observe Erin Brandt come completely undone. Marcus tried to focus upon this first glimpse of his adversary in action. But time and again his gaze was drawn back to Kirsten. He was hammered by the conviction that she was lost to him.

After they had watched Erin’s impromptu performance, they all required several minutes to gather themselves. Dale Steadman sat and stared at the screen long after it went blank, his features pinched with bitter regret.

Hamper spoke first. “All this is very self-serving, your honor. Glenwood has concocted a most elaborate sham.”

“It looked pretty authentic to me,” Judge Sears countered.

“We have no idea what preceded this exchange. I should have the right to elicit information from Glenwood on the witness stand. Information which I believe he sent his fiancée over to obtain. Right now, all we’ve got is his claim that they did not discuss anything of bearing on this case. A statement made completely off the record and not under oath.”

Judge Sears turned to Marcus and said, “You’ve been around the block enough to know this is the kind of stunt that gets lawyers in serious trouble.”

“Yes, your honor.”

“Didn’t you spend some time serving on the disciplinary committee of the state bar?”

“Three years.”

“Then you know this was highly improper.”

“As I stated, your honor, the intention was for her to hire a private detective and stay well away from Ms. Brandt.”

“You know what this sounds like to me?” She hiked her sleeves back and planted her elbows on her desk. “It sounds like you’ve got a client with a lot of money and clout, who convinced you that this was a good idea.”

“That’s not the situation here. At all.”

“The client does not run the case, Marcus. The law does. To have it any other way is a weakness on the attorney’s behalf that damages both the client’s interests and the law’s credibility.”

“I can only repeat, your honor, that was not what happened.”

She then turned to Hamper. “How long have you known about this?”

“Since yesterday, your honor. My client called to inform me.”

“Did you file the motion in writing to have Mr. Glenwood recused from this case?”

“No, your honor.”

“In other words, you’ve been sitting on information which you knew full well needed to be filed in advance with this court. You wanted to come in and drop another bombshell. Just like when you sought to have a custody hearing without either Mr. Steadman or his counsel present.”

Hamper started on a high-pitched whine. “Your honor, I must protest this-”

“Save it. I’m not in the mood.” She planted her hands on the desk and pushed herself upright. “Let the record show that the request to recuse Mr. Glenwood has been denied. Marcus, I want a detailed explanation of everything that was discussed between your fiancée and Hamper’s client. In writing.”