“Play, Marcus? This isn’t a game.”
“Sure it is. Don’t kid yourself, Haller.”
With that, he opened the door and left the room. I heard his heels clicking on the marble floor as he headed down the hall to the courtroom.
A few minutes later I huddled and whispered with my clients in the courtroom. I told Bruce Colton to come through the gate to the plaintiffs’ table and pulled a chair over for him. I delivered the settlement offer and told them it came with no apology or admission of culpability from Tidalwaiv.
“It’s a lot of money,” I said. “And I always have to say, anything can happen at trial. But it’s just money. It’s not enough to hurt Tidalwaiv in the long run and there is no admission of guilt with it.” Brenda Randolph seemed incensed.
“They think they can just buy their way out of this,” she said. “Out of what they did to my daughter. Fuck them.” The language was uncharacteristic of her.
I nodded — it was the response I had expected from Brenda — and looked at the Coltons, noting that they did not look at each other, a sign that they weren’t on the same page.
“How long would it be before they paid us?” Bruce said.
“He said if you sign a nondisclosure agreement you’d go home with a check today,” I said.
“Today,” Bruce repeated. He seemed stunned by the realization that he could walk out of the courthouse a millionaire several times over.
“Wow,” he said. “Like the lottery.”
“We’re not taking the money,” Trisha said pointedly. “This isn’t about the money.”
“Just hold on, Trish,” Bruce said. “You know what we could do with ten million dollars? First of all, we could get Aaron the best lawyer in the country. We could—”
“The best lawyer in the country is not going to be able to help him,” Trisha snapped. “Not with what he did.”
I saw Brenda put her hand on top of Trisha’s on the table. They were somehow bonding — the mothers of killer and victim. It was amazing where grief took people.
“There is another thing,” I said. “All three of you have to agree to take the money. It’s all or nothing.”
“That’s not happening,” Brenda said. “It’s not about money. I want the public to know what Tidalwaiv did. If they won’t admit it, the jury will tell the world. Screw them and their NDAs. They’re not getting away with this.”
Bruce raised his hands in a demonstration of frustration that he would not walk out of the building with a check.
“Okay, then,” I said. “The offer’s good till five today. You want to sit on it, or should I tell them no dice?”
“No dice,” Brenda said.
“Tell them,” Trisha said.
Bruce just shook his head.
“I can’t believe this,” he said. “We’re giving up millions. Why don’t we see how things go today and then tell them at five?”
“I’m not changing my mind,” Brenda said.
“I’ll tell them,” I said. “Bruce, you go back to the front row. Court’s going to start.”
I got up and went over to the defense table, where the Mason twins sat next to each other alongside a woman I knew was their high-priced jury consultant.
“No dice, fellas,” I said. “We’re going to trial.”
“Big mistake,” Marcus said.
“Maybe,” I said. “We’ll see.”
21
I was expecting to go toe to toe with Marcus Mason about my witness list, not with Judge Ruhlin. But right out of the gate she had me in her crosshairs.
“Before we start, I would like to ask you a question, Mr. Haller,” she said.
“Of course, Your Honor,” I said, moving to the lectern.
“How many civil cases have you brought in federal court before this one?”
I thought I heard one of the Masons quietly snicker. Before answering, I casually turned and glanced at the gallery to confirm that there were no recognizable members of the media in attendance. Jury selection was rarely a newsworthy part of a trial.
I returned my focus to the bench.
“Uh, that would be none, Judge,” I said. “But I have handled several criminal cases over the years. Here and in superior court.”
“I guessed as much, Mr. Haller,” Ruhlin said. “Because I see you are employing a trick that may work on the criminal side but does not have a place on the civil side and especially not in this courtroom.”
“Judge, I’m not sure I understand.”
“Yes, I think you do. You’re playing hide the ball, Mr. Haller. I counted forty-eight witnesses on your list. Forty-eight, including the name you added this morning after the deadline.”
“Yes, Your Honor.”
“Mr. Haller, I know that you will not be putting forty-eight witnesses on the stand. You are hiding your trees in the forest, and we don’t have time for your games in federal court.”
“Your Honor, I—”
“Don’t interrupt me, sir. I am now going to retreat to my chambers to make a phone call. I will be back in twelve minutes. That’s how long you have to cut this list to a true and accurate accounting of witnesses you intend to call to the witness stand.”
“Judge, I intend to call them all.”
“Don’t kid me, Mr. Haller. And don’t try my patience.”
“I’m not trying to do either, Your Honor.”
“Very well, then. I am putting you on notice that you will be fined one thousand dollars for each person on this list who is not called as a witness during the presentation of your case.”
“Judge, that’s not — I intend, as of right now, to call them all, but strategies can change midcourse in a trial. I am sure the court understands this. I remember when Your Honor was a practicing—”
“What you have to understand, Mr. Haller, is that I am not going to allow you to waste the court’s time. Twelve minutes. We are adjourned.”
Ruhlin left the bench and went through the door that led to her chambers. This time I unmistakably heard the snicker from the Masons’ table. I ignored it as I went back to my table, opened my briefcase, and took out my laptop. I pulled up the witness list that had been submitted to the court and amended with the name Naomi Kitchens. The reality was that the judge had nailed me, but I wouldn’t admit it on the record. The list was stocked with people I could call, but their testimony would be repetitive of other witnesses. For example, I didn’t have to call both detectives assigned to the murder of Rebecca Randolph, since they would essentially tell the jury the same thing. Same with the coders who worked on Project Clair. The list had been designed to keep the Masons guessing and busy running down my witnesses for depos and background checks. That way they’d presumably be distracted from their own case.
“Mickey, are we in trouble?” Brenda asked.
I looked over at her. Both she and Trisha had looks of concern on their faces.
“No, we’re fine,” I said. “The judge is just flexing her muscles so we know who’s in charge. That’s all. I was going to cut my list down on Monday anyway.”
I went to work on the list. On my first go-through, I quickly and easily deleted nine names. I wondered if that would satisfy the judge but decided I had to cut more. I checked the time, saw I still had six minutes, and went back to work. After one more thinning of the herd, I sent the new list to the clerk for submission to the judge and the defense team. Ruhlin returned to the bench promptly at the twelve-minute mark, carrying a printout of the new witness list.
“Mr. Haller, I appreciate your effort to cull your list,” she said. “I still believe that twenty-three names is excessive, but we will see how many survive challenges from the defense. Misters Mason, I believe you have the new list. Do you object to any of these witnesses?”