Perri O’Shaughnessy - Breach Of Promise

A new mood dawned in the courtroom. Agitated whispers came from behind Nina, and she thought, they’re getting it, they’re getting it, we’re going to be all right in spite of everything. Why would Lindy be paid so relatively poorly for what Hector had just testified was similar work? She clenched her hands into fists under the table, willing Winston to grab this chance and run away with the trial with it.

“Why was Lindy Markov paid less than you?” Winston said when he was good and ready and they were all waiting for him to say it.

“Because-because-” Hector stammered.

Winston leaned on the podium, perfectly patient and ready to wait forever. “You’re the chief financial officer, Mr. Galka. If anyone knows, it’s you. Why?”

Hector’s left index finger moved up, slowly, slowly, to his mustache. He combed it gently. “I suppose-you see, she lived with Mike, she had no expenses…”

“Because she was a woman, and Mike didn’t feel the need to pay her fairly?”

“No, of course not.”

“Because the pay was just fun money for one of the owners? How much did Mike get paid?”

Hector answered, “The same as Lindy.”

“So, since he got a salary, that made him an employee, too?”

“No… You know.”

“Yes, I know, Mr. Galka. We all know. Do you remember stating in your deposition that Mike became president and Lindy became vice president because the man always gets to be president? Remember this question from page thirty-three, lines ten to twenty-two of your deposition: ’Is it a big male ego kind of thing?’ And your answer was, ’Yes, that kind of thing. He was the man.’ “

“I was just-I was just-”

“Telling the truth?”

“Objection,” said Rebecca.

Milne called Rebecca and Winston up for a conference. Nina drew stars all over her legal pad while she waited. After some whispered discussion, Rebecca took her seat and Winston resumed the podium.

“Now, you’ve known Mike for more than twenty years, and you’ve seen Mike and Lindy at every stage in their life together. So let me ask you, Mr. Galka, and please tell us the unvarnished truth. Wasn’t it very important to Mike that he appear to be the boss in the relationship and in the business, no matter what the real responsibilities were?”

“Well… I suppose,” Hector said almost inaudibly. He looked at Mike, who looked confused, as if he wasn’t sure what the problem was. Nina thought Mrs. Lim noted Mike’s reaction, as well as several of the other women.

If this didn’t win them some of the women jurors, nothing would.

Over the next several days, Riesner and Rebecca paraded the group Genevieve derided outside of court as “the lackeys and shills” of Markov Enterprises. They worked hard to contradict the team image Nina and Winston had carefully built of Mike and Lindy’s management style. On cross-examination, Nina and Winston worked to rebuild it.

The last significant witness for the defense, Rachel Pembroke, was scheduled to testify at the end of the week. All through the trial Rachel had sat just behind Mike, looking terrific, holding his hand from time to time, leaving with him. Nina knew Rachel’s deposition by heart and knew, because Rachel was engaged to Mike, that her testimony might seem prejudiced to the jury. Nonetheless, she dreaded Rachel’s personable, professional demeanor. She was grateful that the incident at Mike’s birthday party had already been ruled off-limits by Milne during pretrial motions, and the so-called attack on her everyone had gossiped about for weeks had never even entered the proceedings. Her injuries had been minor, and the event, if it had really happened at all, had been deemed irrelevant.

Rachel had spent months telling reporters about the sweetness of her romance with Mike and how hard they had fought their passion, and the tale that spilled out of her on the stand came with an engaging wistfulness born of practice. By the time she was done testifying, she had somehow shifted many minds around to considering that she, not Lindy, had suffered most in this sad love story.

“Call your next witness,” Milne said when she had finished and Riesner stayed seated.

Riesner stood up, saying, “Your Honor, we have decided not to call the final witnesses on the list.”

And, just like that, abrupt as a puff of air blowing out a candle, the defense rested its case. Sometimes it happened like that, catching everybody by surprise.

Without missing a beat, Milne turned to Nina and asked, “Will there be any rebuttal?” She had a quick whispered conference with Winston and Genevieve at the counsel table. “No, Your Honor.”

“The cross-complainants rest?” Milne said with a wide smile. He must be happy as hell at this sudden termination.

“That’s correct, Your Honor. Subject to admission of the exhibits marked for identification.”

“All right.” He turned to the jury and said, “The evidence portion of the trial is over. We are going to excuse you a bit early this afternoon, ladies and gentlemen. I’m sure you won’t mind. Tomorrow we will return for closing arguments.” He repeated his daily cautions that they not talk to each other or anyone else about the case. Broad smiles and nods. Deputy Kimura led them out.

Another half hour of getting the exhibits admitted and ordered, and the court day was over.

“We got killed at the end, but overall made some points, Nina,” said Winston, as they left the building that afternoon. He stopped to grin for a flashbulb. “My God, I can’t believe it’s finally coming to an end.”

“You were great, Winston, just great,” said Nina, meaning it. He had done a beautiful job with his witnesses.

“Do you realize we’ll have a verdict soon? Incredible,” Winston went on, still hyped from his day in court.

“I think we’ve got at least five definites on the jury,” said Genevieve, trotting alongside as they headed for the cars. “If you want, I’ll go over everything with you and explain why. At least two of those are potential leaders… that’s one thing we didn’t really push hard enough during the voir dire. We didn’t really cultivate a leader.”

“Don’t fret, Genevieve. And if you don’t mind, I think we’ll skip the analysis. I need to get home and soak my ankle and fix dinner for Bob.”

“But when are we going to work on Winston’s closing arguments?” Genevieve asked. “Tonight?”

“That won’t be necessary,” said Nina. “We’ve gone over it. And I’ve made a decision. I’m doing the summation.”

They had stopped by Winston’s rental car. “Now wait a minute, we had this whole thing worked out,” Winston said. “I thought we all agreed I should close.”

“I know. I’m sorry.” What could she tell him now to sweeten such a bitter pill? She had talked to him about making the closing argument because she had been intimidated. But she was the lead counsel. Ultimately, the responsibility rested on her shoulders. Lindy had given her the case. Nina had to be the ultimate word. She had to be the one to blow it, if that’s what was going to happen. Not that she would tell him that.

“You’re not taking this away from me,” Winston said, starting to look angry.

“I think Winston’s on a roll,” Genevieve said. “He’s got the experience.”

“I’m sorry,” Nina repeated. “What matters is my case.”

Winston slammed his briefcase down on the hood. “Our case!” he roared. “Ours! We sweat equal buckets of blood over this. You’re not going to step in here and ruin everything now!”

“You don’t think I can handle it?” asked Nina. The two attorneys stood face-to-face, unconsciously squaring off like fighters in the ring.

“It’s arrogant!” said Winston. “You think you can get up there, flip your long hair, put a tear in your eye and convince that jury to hand Lindy millions of dollars? How many cases like this have you won? Zero! I’ve done dozens and won dozens! I can argue circles around you…”