Perri O’Shaughnessy - Breach Of Promise

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Nina Reilly is a tough, tenderhearted, and unpredictable Lake Tahoe attorney with a one-woman practice, a young son, a genuine sense of humor, and an interesting love life. Now, in Breach of Promise, Nina takes on the biggest case of her career, a high-profile, high-stakes palimony suit that could make her millions or ruin her financially. Little does she suspect that it will place her dead center in a bizarre and perplexing murder investigation.

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Based on the law, in my opinion, we can’t give her anything. I wish I could say different. But you know, Mike Markov said he would take care of her. He doesn’t have to, under the law. But I believe he will.

Diane: What happens five years down the line when he’s got a passel of kids and Lindy is just a grim memory?

Cliff: Well, you can hate men and never trust them. But I think most people try to live up to their obligations.

Diane: That’s just bullshit! He’ll toss a few coins at her and feel he’s done his duty. No, it’s up to us to force him to do the right thing.

Maribel: Well, you know Cliff’s got a point there, and I have to admit I liked what Kevin said, too. We’re supposed to follow the law. And just because the man has money, doesn’t necessarily mean she should get some.

Diane: I don’t believe this. You’re going to pull a switcheroo, aren’t you? Two minutes listening to the men, and you change your mind.

Maribel: I have a right to change my opinion after listening to other people speak. The judge said so.

Diane: Some women will do and say anything for a lick of male attention.

Maribel: Oh, what would you know about male attention? Didn’t your mother ever tip you off about the connection between too much sun and wrinkles?

Cliff: Please, ladies, ladies.

Diane: Please, men, men. Quit calling us ladies.

Cliff: What would you prefer?

Maribel: “Lady” fits some of us here.

Cliff: Enough, people. Let’s get back to work. I guess the next step is to work through the testimony and see if we can firm up our opinions, and do this quickly as possible. I know everyone is eager to do the parties in this case justice, and get out of here!

Now, before we move on, just to remind you all, our two alternate jurors are Patti Zobel and Damian Peck. They’ll be listening in on our discussion here, but they don’t participate. So let’s give them a lot to think about.

Kevin: I got something on my mind right now.

Cliff: What’s that, Kevin?

Kevin: How do they handle lunch around here? I’m starving.

›Click‹

24

›Click‹

Jury, Day One, Afternoon:

Wright: Let’s get to work. Now who wants to go first?

Kevin: Who decided on lunch? Fast food gives me indigestion.

Bob: You certainly gave a good imitation of a man enjoying his meal.

Kevin: Look who’s talkin’.

Maribel: You never eat anything, Cliff. We’re all snacking like crazy here, then we scarf lunch. Wish I had your self-control.

Cliff: It’s nothing to do with discipline. I just have some strict dietary requirements.

Frank: A vegetarian? That’s the only way to go. Wish I could stick to it.

Cliff: Well, yes. Also, I have bad allergies.

Courtney: I can’t eat garlic. Or if I do, you all better take ten steps back!

Cliff: This is more severe.

Courtney: What can’t you eat?

Cliff: Fresh apples, if you can believe that. Now, here’s something strange. That particular food allergy can be seasonal.

Frank: Are you serious? I’ve never heard of that.

Cliff: I’ve done a lot of research, believe me. When I eat uncooked apples my throat swells. I can’t breathe. It could kill me.

Diane: Now there’s a fluky way to go. Choked to death on an apple.

Frank: How about the normal allergies? Strawberries, peanuts, that kind of thing.

Cliff: Yeah, they are both on my list of no-nos.

Courtney: Is this like those people who die from bee stings?

Cliff: Same thing, yeah. I’m going to tell whoever it is that arranges our lunches about a good lunch place that uses lots of fresh food and vegetables, if we get stuck here for much longer. Everyone like Chinese?

Some grumble. Most do.

Frank: Are you kidding? Those places load the food with msg, all kinds of weird additives.

Cliff: Not this place. Trust me. Now, let’s get back to the issues. I’ll start off the discussion with a few thoughts, and you all just jump in when you’re ready.

Diane: (low) Yeah, tell us what to think about it, Cliff.

Cliff: Oh, and let me remind everyone, let’s focus on the case. Let’s not get personal. We’ve just got to look at the facts and come to a good decision here. Maybe today!

In spite of my telling you all how I voted on the first ballot, I see my role here as your leader as impartial. I know a lot of us support Lindy’s claims. For the first time in her life, she’s going to have to go it on her own. Her lover of many years has left her. Her job is over. There’s a lot there to pity. So I really understand how so many of us have taken her side. But maybe before we throw millions of dollars her way, we should be sure we know who she is and why she is suing Mike Markov.

Here we have, in my view, a very competent woman, very on the ball. She’s not going to lie down in a ditch and start living out of shopping carts. She’s got rich friends, a well-established network. So it’s not like we’re going to leave the woman destitute if we decide her claim is not legitimate.

Also, while she’s suing this guy, she defends him at every turn. Why? She still loves him. Now, here’s another way to think about that. Isn’t it possible this lawsuit is not really about money, it’s about revenge?

Frank: Pretty likely. We’re all victims to the whims of our emotions. She’s mad and she’s getting even.

Cliff: Also, there’s her testimony. Let’s look at that. How did you all feel about that? We’ve been told that an oral contract is as good as a written one. Was she telling the truth when she said they agreed to share everything?

Bob: She lies through her teeth. She lies like a rug.

Frank: As my first wife would say, she lies like a bandit. That suits the occasion.

Cliff: You say she lied. How? Ladies? Pardon me, Diane. Anyone else agree?

Maribel: Well, I think she fibbed when she said she wanted to be married to Mike Markov all along. She never even checked to see if her divorce was final. That’s pretty basic.

Grace: She may have twisted the truth a little when she said she thought he would marry her. He never said he would. She knew what the deal was going in, and she accepted his terms because she had no choice.

Kevin: She lied about the property agreement. Said he promised to marry her then. I don’t buy that. Here was a guy who had a bitter divorce that ruined him once. By God, he was not getting into that situation again. She lied about her divorce.

Bob: She lied to get the money, that’s what it comes down to.

Cliff: She went for the money.

Kevin: That’s obvious. As long as Lindy lived with Mike Markov, she lived the high life. She’s lost her man but she’s damned if she’ll lose all the good things she’s used to.

Maribel: Hey, you can’t blame her for trying.

Bob: But she knew the score going in. Even you’ve got to see that, Diane, unless you think she’s a total idiot.

Diane: Much as it gripes me, I have to admit to a sneaky suspicion she knew goddamned good and well he would never marry her. The minute he showed up with that paper, she should have said “Bye-bye, you stingy cheapskate.”

Grace: But she never expected this! She never expected him to dump her for a younger woman!

Maribel: Then she is a total idiot.

Grace: What I mean is, she really didn’t see things the same as him. You know what I mean? When he said they were in it together, for life, she believed him. He just said it to get what he wanted out of her, but she never saw that.

Ignacio: He made promises, I believe that.

Cliff: But is a promise the same thing as a legal contract?

Bob: Bingo. It’s not.

Mrs. Lim: I think we all take being on a jury very seriously. We want to do the right thing. The real problem is, our quest is so abstract. Put a dollar figure on all the promises someone has made you. That’s hard to do.

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