James Huston - Marine One

"The document that Ms. Long just gave to Braden is a subpoena to testify at this trial. Your Honor, I request at this point that we excuse Dr. Bradley for a moment and call to the stand Braden Randall to confirm to the court everything that I've just said, and to show the court, and Mr. Hackett, why I didn't inform him of Dr. Bradley's discovery in a more timely manner, and that I was completely justified in handling it exactly as I have."

The journalists were scribbling furiously on their pads, and the artists turned their sketch sheets toward Braden, who sat frozen in the first row between Kathryn and Tripp.

The judge had seen enough. "We're going to recess this trial right now. The jury is dismissed. Everybody else stay where you are." The clerk stood and pointed to the jurors, who knew it was time for them to file out of the courtroom, which they did with regret. They wanted to stay and see the fireworks.

When the clerk closed the door and nodded to the judge, she said, "The Court is in recess. Everyone is free to go, but I need to talk to counsel during this break." No one moved. Braden looked at the subpoena that had dropped to the floor after Rachel had slammed it into his chest. He was beet red and sweating. He hadn't said a word, nor had he looked at anyone.

The judge took off her reading glasses and tossed them aside. "Mr. Nolan-"

The court reporter looked up. "Is this on the record, Your Honor?"

"It most certainly is." Then the judge turned to me. "Mr. Nolan. What are you doing subpoenaing your own associate to testify in a trial? What is going on here?"

"Your Honor, there has been subterfuge and fraud by Mr. Braden Randall on behalf of Mr. Hackett. I suggest that we put Mr. Randall on the stand and ask him about it. Hence the subpoena."

"Mr. Hackett?" the judge asked, looking at him.

Hackett had regained his composure. "Your Honor, Mr. Nolan is obviously delusional. His case is lost. This is a desperate attempt to take the jury's attention off the facts. I would ask that the court ignore this side show. Let's complete Dr. Bradley's testimony and submit this case to the jury to let them decide what happened. Frankly, all we've determined so far today is that Mr. Nolan's own expert has confirmed my theory, that a tip weight that was improperly mounted fractured and caused this helicopter to crash. I'm surprised that Mr. Nolan hasn't just stipulated to a judgment at this point. Why we need to inquire into Mr. Randall's secret motives, I can only imagine. But I can tell you that it's not relevant to this case."

Damn he was good. "Your Honor, I simply ask that you allow me to examine Mr. Randall for fifteen minutes, then you determine whether this is relevant to the conduct of this case or not. Mr. Hackett has objected to Dr. Bradley's testimony. You asked why I hadn't disclosed certain information to counsel prior to now, and this is why."

The judge was unhappy the case had taken this turn, but she knew she had to sort it out. "Take the stand, Mr. Randall."

Braden stood up and inched down the row, trying not to step on the others. His face was white. He walked slowly to the stand, turned, and faced the gallery as the journalists in the front row quickly and confidently drew their new favorite. After taking the oath, he sat in the witness stand and adjusted the microphone. Rachel handed me the exhibits for his examination.

The clerk said to him, "Please state your full name and spell your last name for the record."

He did.

I said, "Good afternoon, Mr. Randall."

"Good afternoon, Mr. Nolan."

"You just took the oath before this court, which carries with it the penalties of perjury for making a knowing misstatement, do you understand that?"

"Yes, sir."

"Yet when the clerk asked you to state your name, after you took the oath, what you told her was false. Correct?"

"That's my name."

"That's the name that you go by. But that's not the name on your birth certificate. Is it?"

"No, sir."

There was a hum behind me as I continued, "Your actual name is Jonathan Dercks, correct?"

He looked surprised. "Yes, sir, that's my given name."

"Yet when you applied to me for a job, you lied to me and told me your name was what you just told the clerk, correct?"

"Yes, I've had some problems with my old girlfriend, who has been stalking me. I have gone by-"

"What's her name?"

"I'd really rather not say."

"You now have testified under oath that the reason that you lied to me was because you'd been stalked by a female. What is her name?"

"Ah, I don't remember."

"You don't remember? How is that possible, that you don't remember the name of a former girlfriend who is stalking you?"

"There is… I am just sort of flustered right now."

"You have never obtained a restraining order against this female in any court in this country, have you?"

"No."

"Never applied for one, have you?"

"No."

"Your Honor, I'd like to mark as the exhibit next in order the resume that was submitted to me by Mr. Dercks when he applied for a position with my firm."

I walked to the front and handed him a copy of the resume. "It says here you graduated from Columbia Law School. That's correct, isn't it?"

"Yes, it is."

"But your name on your diploma is Dercks, not Randall, right?"

"Yes."

"And you list here all the places that you have been previously employed in the practice of law, right?"

"Yes."

"They're accurate?"

"Yes."

"It's accurate but it's incomplete, right?"

Braden glanced down again at the paper. "I'm not sure what you're getting at."

"Well, you failed to list Mr. Hackett's law firm as your place of employment for over two years. And therefore the resume that you gave me when you asked me for a job is incomplete, right?"

"Would you ask that again?"

I shook my head. "Did you or did you not work for Mr. Hackett's law firm for over two years?"

"Yes."

Several people behind me gasped audibly. "Why did you leave that information off your resume, Mr. Randall?"

"I don't really know. I certainly didn't intend to. It was prepared by a professional headhunter that I had used before. They must have forgotten to put that on. I don't know."

I stared at him in disbelief. "So the fact that you worked for my opponent on the very case you were applying to me about, it's your claim that was left off your resume by a headhunter?"

"Yes, I think so."

"That's a remarkable coincidence. Don't you agree?"

"It's unfortunate."

"Sir, you are the one who handed me your resume. I did not receive it from a headhunter."

"I don't recall if I did or not."

"You knew I wouldn't hire you to work for me if I'd known you worked for my opponent for two years, right?"

"I don't really know what you would have done."

I approached Braden, handed him a document, and handed a copy of it to Hackett. "Let me show you what's been marked as our next exhibit in order. It's an article about a case that Mr. Hackett's law firm won three years after you had left his employ. Do you see this?"

"Yes."

"Coincidentally, you worked at the law firm on the other side of Mr. Hackett in that case too. You did work there then, didn't you? It's on your resume."

"Yes, I did."

"And you were helping Mr. Hackett at that time and in fact you sent him confidential and privileged information about the case, didn't you?"

Braden swallowed. "No," he said quietly.

"Well, surely when at that law firm you told them of your prior employment with Mr. Hackett's firm, right? Because that's the place where you went to work immediately after leaving Mr. Hackett's employ."

"I'm sure I did."

"Well, that's very interesting. Because I called the chairman of recruiting of that firm on the way over here this afternoon and asked him about you-under your old name of course-and he remembered you very well. He was sad to see you go. When I asked him whether you had been-"