Chapter 34
Jodie Marshall
After lunch Rutledge announced that the State was going to dismiss its murder charges against Ricardo Rizzi, Tom Wilkinson, Chris Hunt, and Benjamin Jamison. The judge agreed that was probably a good idea and dismissed the jury with his thanks for their service. There was pandemonium in the courtroom after the judge left the bench. The press crowded around Paula, Jodie and Ricardo to congratulate them and to find out how they’d managed to turn the case against the State so dramatically. Jodie watched in awe as Paula, basking in the glory of victory, took her time answering each and every question with alacrity. She was pleased, too, when Paula threw several compliments her way and even suggested she couldn’t have been victorious without her.
When Jodie got back to the office she was confronted with a mountain of telephone messages. Reluctantly, she called back the important ones and then pulled out the Larson file, her next big concern. As she reviewed the file she felt like she was in pretty good shape. She was sure, at least, that she had enough evidence to make Stein look like a greedy bastard. She didn’t think any jury would come down too hard against Larson, who was a hero in her book. Still, she wanted to find something to get Herb Stein and his asshole lawyer to back down. She decided to go talk to Stan about it. He looked up when she entered his office.
“Well. You feeling pretty good today?” he asked.
“Yes. Relieved. I didn’t realize how stressed out I was until the case was dismissed.”
“Yes, plus you had Sutherland to worry about.”
“Right.”
“Well. You should be off their shit list since you cleared them of the murder charges.”
“Uh huh. But I doubt I’ll get a thank you note.”
Stan laughed. “Probably not.”
“Hey. Speaking of stress. I don’t know what to do next on the Larson case. I think I can show the jury he’s a greedy, ungrateful bastard who should be paying Bob Larson a reward rather than harassing him with this frivolous lawsuit. But there must be something more I can do.”
“Yes. I think the key word is frivolous.”
“What do you mean?”
“File a counterclaim against him for filing a frivolous lawsuit. Ask for damages for mental anguish, out of pocket expenses, attorney’s fees and throw in some punitive damages—say $250,000. If you do prove that he is an ungrateful bastard the jury might just decide to make him pay for it.”
Jodie smiled. “Excellent idea. I’ll get right on it.”
Jodie went back to her office and worked all afternoon on the counterclaim. The next day she filed it and served a copy on Robert Goldberg. A couple days later she got a phone call from him.
“Jodie. Congratulations on the Rizzi case. Excellent job.”
“Thanks,” Jodie said coldly.
“Ah. I got your countersuit. Maybe it’s time to have a settlement conference or set up a mediation.”
“Sure. Is your client ready to shell out some cash for wasting my client’s time?”
“Come on. We’ve got good solid case law supporting this lawsuit.”
“Maybe, but you don’t have good facts. You know what they say, pigs get fat but hogs get slaughtered.”
“Jodie. Come on. Be reasonable. I bet I could get my client to drop the suit for say $10,000.”
“How about your client paying my client $10,000, plus my attorney’s fees which are at about $15,000 and climbing?”
Goldberg sighed. “You’re a tough negotiator, but I’ll talk to my client.”
“Thanks,” Jodie said and hung up.
Jodie felt a surge of relief come over her. She got up and rushed into Stan’s office to tell him about the conversation with Goldberg.
“Our strategy worked. I offered to settle for his client paying $10,000 plus my attorney’s fees. He’s taking it to his client.”
“That’s good. At least his attorney has a brain. Unfortunately, I doubt he’ll be able to convince Stein to pay a nickel.”
“Really?”
“Yeah. If you want to nail him you’ll probably have to go to trial.”
“I have never tried a case before.”
“What about Ricardo’s case?”
“Well. Paula tried it. I just watched.”
“You did more than just watch. You developed a lot of the evidence and helped us with strategy. I’m sure you will do fine. This case will be a good one to sink your teeth into because your client is the victim here and the jury will know it.”
“Will you be second chair?”
“Sure, if you want me to, but it’s your case. You can’t rely on me. I’ll just be there for tactical advice.”
“Right. That’s fine. Thanks.”
Jodie felt better knowing she wouldn’t be alone at trial. When she got home and walked into the apartment she smelled a wonderful aroma. She drew in a long breath and headed for the kitchen. Carl was cutting some boiled potatoes. He looked up and smiled.
“What smells so good?” she asked.
“Pot roast.”
“Oh, did you make homemade rolls too? I love them.”
“Yes, of course, and boiled potatoes and carrots.”
“Hmm. I’m starved.
“So, how was your day?”
She smiled. Carl always wanted to know the details of her day and he actually listened to every one of them. She told him about her conversation with Stein’s attorney.
“I can’t believe he took the case,” Carl said. “You should add him into the counterclaim.”
Jodie laughed. “You’re probably right, but there is some case law supporting his claim, so I have to give him the benefit of the doubt.”
“Can I come to your trial?” Carl asked.
“Hmm. I don’t know. I may screw it up and then I’d be embarrassed.”
“I doubt that would happen.”
She shrugged. “Could you even get off?”
“Sure. I’ll call in sick if I have to.”
She laughed. “Well, okay if you want to kill a couple of days.”
“It’s going to take two days?”
“Uh huh. The trial doesn’t really get started until Monday afternoon and we’ll be lucky to get a jury picked that afternoon. Then it’s just a matter of how many witnesses are called. I’ve got a half dozen or so and Stein probably has the same number.”
“Hmm. Maybe I’ll just come at the end, so I can watch Stein’s face when the jury renders a take nothing verdict.”
“That would probably be more interesting. Picking the jury is kind of tedious.”
Several days later Goldberg called Jodie back and said his client had rejected her offer but suggested they should mediate the case to force both their clients to be more reasonable. Jodie said no and told him her client wanted his day in court.
Several weeks later Jodie called the court coordinator to announce that she was ready for trial. After reviewing her records, the court coordinator told her the Larson case was number two. That meant there was a strong possibility that the case would be called to trial the following week. After she hung up she went into Stan’s office to tell him the news.
“Number 2, huh?”
“Yeah.”
“Who are the attorneys on the case that is number one?”
“I don’t know.”
“Call back and find out and get their phone numbers. Then call them and ask them if they are trying to settle the case or are they definitely going to trial.”
“Okay,” Jodie said and went back to her office. Several minutes later she had one of the attorney’s on the line.
“Hi. This is Jodie Marshall. I see that you’re number one of Judge Cavanaugh’s trial docket next week.”
“Yes. So, I heard.”
“Our case is number two, so I was just wondering if you think you might settle.”
“Yes. I expect to. The insurance company can’t afford not to settle. There’s way too much risk involved, but keep that to yourself.”
“I
will. Thanks. I’m going to start getting ready.”
“Good luck.”
Jodie hung up and went back to Stan’s office. Adrenaline was already starting to flood into her system as she realized her first trial was at hand. “We’re going to trial. Shit!”
Stan laughed. “Relax. You’re ready, aren’t you?”
“Yeah. I’ve got my trial outline and witness questions all done.”
“Good. Tell Maria to call all the witnesses and make sure they’ll be there.”
“Right. I’ll do that right now,” she said and ran to the reception area to talk to Maria.
“Well, I’m going to trial,” she announced to Maria and Paula who were talking.
“Really? That’s awesome,” Paula said enthusiastically.
“I’m scared to death,” Jodie said.
“Scared to death? You just second chaired a triple murder case.”
“True. But you did all the talking. There wasn’t any pressure on me.”
“Well, everyone has to have their first trial. Don’t feel bad. I was scared to death too when I tried my first case. Everybody is.”
Jodie took a deep breath. “Okay. I’m alright. Ah. Maria. You need to call all the witnesses. I’ll get you a list.”
“No problem,” Maria said with a smile. “I feel sorry for Herb Stein. He doesn’t know he’s about to get hit with a freight train.”
“Yeah. Right,” Jodie said. “You’re just trying to make me feel good.”
Jodie went back to her office, retrieved the witness list and took it back to Maria. Then she went back to her office and got out the file. She gave it a cursory inspection and then started to feel better. She had all weekend to go over everything and make sure she was ready. She could do this. At least she hoped so.
On Monday when she got to the courthouse there were no reporters or cameramen like there’d been for the murder trial. In fact there were only a handful of people in the courtroom. It seemed like a letdown after the Ricardo Rizzi case. She spotted Bob Larson and went over to him.
“Hey. There you are,” she said.
“Oh, Jodie,” he said looking a little nervous.
“Well, you ready for this?”
“Yeah. I just want to get it over with.”
“Me too. It’s a bogus case and I’m sorry you’re having to go through it.”
A tall man with a shaved head and black mustache walked into the courtroom. He was in an expensive suit and wore a diamond studded Rolex. Jodie looked at him a moment and he smiled.
“You must be Jodie,” the man said.
“And you must be Robert Goldberg?”
“Right.”
They shook hands and then Jodie introduced him to Bob Larson.
“Well, I guess the case before us settled,” Goldberg said.
“That’s right. It looks like we’re going to trial,” Jodie replied.
“You sure you don’t want to settle this now before it’s too late?” Goldberg asked.
Jodie looked at Larson. “What do you think?”
Larson shook his head. “No. I don’t think so.”
Goldberg shrugged. “Okay. I guess I’ll go sign in.”
He went over to the bailiff and noted on the docket list that he was there. Jodie went over and signed the sheet as well.
“Since you’re number one you can set up at the counsel tables,” the bailiff said.
Jodie nodded and went over to the defense table. She motioned for Larson to take a seat next to her. A moment later the door opened and Stan walked in. Jodie smiled, relieved to see that Stan was there.
“Jodie, Bob. How’s it going?” Stan asked.
“Fine. Did you see any of our witnesses?” Jodie asked.
“No. I told them to come at 1:00 p.m. You’ve got to pick a jury and then Goldberg will put on his case. We probably won’t need any of our witnesses until late afternoon and maybe not until tomorrow. There’s no use having them sitting around twiddling their thumbs.”
“Right,” Jodie agreed. “I’m just worried they won’t show up.”
“They’ll be here. Maria has talked to all of them,” Stan assured her.
The door to the courtroom opened and a solemn Herb Stein walked in. He ignored Stan and Jodie and went straight over to Goldberg who was seated at the plaintiff’s counsel table. They began whispering to each other. A few moments later the court reporter came in and started setting up. Paula went up to her and had her mark her exhibits. A few minutes later Goldberg did the same thing. Jodie looked up at the clock.
“It’s 9:15. Where’s the judge?” Jodie asked.
“She’s probably handling some emergency in her chambers or she got caught in traffic.”
“I just want to get this over with.”
“Once you get started it won’t be so nerve wracking.”
Jodie took a deep breath. Suddenly the back door opened and Judge Martha Jasper walked in.
The court reporter stood up. “All rise!”
The judge nodded and took a seat. “You may be seated,” she said and began reading her docket. “Okay. Herbert Stein vs. Bob Larson. May I have announcements?”
“Plaintiff is ready, Your Honor,” Stein said.
“Defendant is ready, Your Honor,” Jodie agreed.
“Alright. How long do you estimate this trial will take?”
“Two days,” Stein said.
“Two or three days,” Jodie added.
The judge called the rest of the docket and told the attorneys on the next case to call the court coordinator Tuesday afternoon to find out if they should come in on Wednesday or Thursday. She told everyone else their cases would be carried to the next jury week. The court cleared out leaving only a few unidentified persons.
“You need to invoke the rule,” Stan said.
Jodie gave Stan a blank stare. “Oh, right. . . . Your Honor, the defendant invokes the rule.”
The rule was that any persons who were going to testify couldn’t stay in the courtroom until it was time for their testimony. The reason for the law was to make sure witness testimony wasn’t influenced by what went on in the courtroom during the trial.
“Alright. If there is anyone in the courtroom who is going to testify in this matter come forward to be sworn in.”
Stan motioned for Bob Larson to go forward. Stein and two others went up to the bench to be sworn in.
“Raise your right hand. . . . Do each of you swear to tell the whole truth and nothing but the truth?” the judge asked.
There was a chorus of “I do’s.”
“Now, unless you are a party to this lawsuit, all witnesses will remain in the hall until called to testify.”
Stein and Larson went back to their seats and the other two witnesses left the courtroom.
“Bailiff. Please give counsel their juror questionnaires.”
“Yes, Your Honor,” the bailiff said, getting up to deliver the two packets to Goldberg and Jodie.
“Alright. You have thirty minutes to study the questionnaires and then we’ll start picking a jury.”
“Thank you, Your Honor,” Jodie said.
Goldberg didn’t say anything as he had already pulled out the questionnaires and was examining them. The judge got up and left the bench. There were twenty-four questionnaires for the jury panel that would soon be brought into the courtroom. They provided basic information about each juror including name, employment, family information, and prior jury service.
“Paula taught you how to do this, right?” Stan asked.
Jodie nodded. “Right. I’ll go through these and pull out anybody that looks like a potential problem.”
“Okay. I’m going to check in with the office while you do that. I’ll be back in a minute to discuss the ones you’re worried about.”
“Okay, great,” Jodie said.
Stan got up and left the courtroom. There was a telephone for attorneys in the hallway that ran between the judge’s private offices and the courtroom, so St
an walked to the access door and entered his code. The door opened and he walked to the telephone. He dialed the office and Maria answered.
“Well, we’re underway,” Stan reported.
“Good. How’s Jodie doing?”
“She’s fine. She looking over her prospective jurors right now. Any problems with our witnesses?”
“No, they all say they will be there at one.”
“Good. Any messages?”
“Yes, Ram called. He’s having to find a new place to live. The friends he was staying with booted him out.”
“Oh crap! That’s all I need right now. Was he upset?”
“Yes. He’s got enough money for a motel for a few nights, but then he doesn’t know what he is going to do.”
“Well, with the kids grown up we have three empty bedrooms upstairs. I wonder if Rebekah would mind a few house guests for a while.”
“You’re joking, right?” Maria said.
Stan laughed tentatively. “You don’t think it’s a good idea?”
“No. Absolutely not.”
Stan hung up and called Detective Besch.
“So, did you talk to your friend at the Collin County DA’s office?”
“Yes, I did and he said he’d send somebody to observe the trial, but he couldn’t promise anything.”
“That’s okay. I just thought they should be aware of what’s going on.”
“Yes. They said they appreciated the heads up.”
“Thanks, Detective.”
Stan hung up and went back to the courtroom. Jodie was hard at work and had a small pile in front of Stan’s seat. Stan sat down and looked at the questionnaires in the stack.
“Those are the ones I’m worried about,” Jodie advised.
Stan nodded and began reading them. “A clerk for an insurance company,” Stan read.
“Yeah. I wasn’t sure about that.”
“Actually, I think you want him based on your defense theory. He won’t like what Stein’s been up to.”
“Okay.”
Stan picked up the next one. “A banker. . . . What’s wrong with a banker?”
“I don’t know. Wouldn’t a banker be someone who does everything by the book? He might not like what Larson did.”
Stan shook his head. “I wouldn’t worry about that but you can question him if you want to.”
Stan and Jodie went through the stack and had just finished when the judge returned to the bench. After the jury had been brought in Goldberg gave a brief description of the case and then began questioning jurors to make sure they could be fair and impartial in their deliberations. When he was done Jodie did the same thing but most of the questions had been covered, so her questions didn’t take long. When they were done each side made their three strikes and the jury was selected before noon.
“Alright. We’ll recess until 1:00 p.m. at which time Mr. Goldberg can make his opening statement.”
“Very well, Your Honor,” Goldberg said.
The judge left the bench and Stan smiled at Jodie. “See, that wasn’t so bad.”
“No. That was easy. It’s the rest of the trial I’m worried about.”
“What happens after the opening statement?” Larson asked.
They’ll start questioning their witnesses,” Jodie said.
“How about some lunch?” Stan suggested.
Larson nodded. “Sure. I’m buying. Is there anything close by?”
“Since we don’t have much time there’s a barbeque shack across the street that’s pretty good.”
“That sounds good to me,” Larson said.
“You two go ahead. I want to go over my witness questions again.”
“You sure?” Stan asked.
“Yeah, go ahead.”
Larson and Stan left and Jodie started going through her trial notebook one more time. She had no appetite and wasn’t in the mood for social banter. She had to make sure her presentation was flawless. There was simply too much at stake to be making mistakes.