Chapter 38
Jodie Marshall
After the break Judge Jasper called in counsel to finalize the charge, definitions, and special issues. When they were done both sides objected to any legal definitions and special issues that they felt were improperly included or excluded by the court. Then the judge took the bench and the trial resumed. The judge read the charge to the jury, advising them of what was expected of them once they started deliberations. She then had the clerk give them a copy of the special issues that they would be expected to answer.
“Alright, Ms. Marshall. You may give your closing argument,” the judge said.
Jodie stood up. The defense always gave their closing argument first since the plaintiff had the burden of proof and therefore had the right to have the last word. “Ladies and gentlemen of the jury. So, now that we’ve done our job as attorneys––presented the evidence—it’s up to you now to decide what the evidence means. The judge has given your special issues. These special issues are questions that you must now answer. It’s an important job and it won’t be easy but I’m confident you will come to the correct decision.
“As you deliberate please consider the motives of the parties involved. Bob Larson came into the Plano Jewelry Mart in a good mood. He had only one thing on his mind, find an engagement ring for the love of his life. But he was also a trained law enforcement professional and when confronted with a scene that wasn’t right he acted instinctively to protect life and property. He didn’t take the time to think about his own welfare, or whether he had a duty to act, he just did what he was trained to do. But he didn’t do it recklessly as Mr. Goldberg would have you think. He moved with precision into harm’s way, disarmed the intruder and secured him for the police. Now, it’s true Mr. Stein suffered a flesh wound, but he was at least partially responsible for that himself. Therefore I would urge you to find that Bob Larson was not negligent and certainly not reckless in the way he intervened to stop the robbery.
“Now when you look at motives, take a hard look at the plaintiff. We have presented credible evidence that Mr. Stein knew the robber, Michael Mahoney, from high school and that they had remained friends. We have also pointed out in the videos of three different robberies of Mr. Stein’s store that the perpetrator appears to be the same man, namely Michael Mahoney. The obvious conclusion is that the plaintiff, Herb Stein, conspired with the robber, Michael Mahoney, to commit insurance fraud and that he had actually not suffered any theft loss at all in any of these robberies. So, the motive for this lawsuit was simply to extort money from Mr. Larson.
“So, when you go through your special issues I urge you to find that the plaintiff’s suit is groundless and brought in bad faith. And I want to remind you that this is not a criminal trial so the measure of proof is not beyond all reasonable doubt but simply the preponderance of the evidence. So if it is more likely than not that Mr. Stein filed this suit in bad faith, you should answer the special issue ‘we do.” And if you answer that question as we do then you should award Mr. Larson his attorney’s fees of $27,500.00 plus costs of $6,732.21 and award Mr. Stein zero.
“Again. Thank you for your jury service and for the patience you’ve shown during the trial,” Jodie concluded.
A couple of the jurors smiled and nodded. Jodie turned and walked back to her seat. Goldberg stood up and shook his head.
“Ladies and gentlemen of the jury. I’ve got to hand it to Ms. Marshall. She tells quite an imaginative story. Unfortunately it lacks any real proof and is mostly speculation and conjecture.
“The fact that Mr. Stein and Michael Mahoney went to the same high school and played on the tennis team together, hardly makes them co-conspirators. The only proof she offers of this conspiracy is a neighbor who thinks she saw Mahoney at Stein’s house once and photos of three masked men who look a lot alike. This is flimsy evidence and I ask you to reject it.
“What this case is about is an ex-MP who forgets he’s a private citizen and decides to act like a cop to the peril of the plaintiff, Herbert Stein. You heard the Plano police detective who stated unequivocally that Bob Larson acted recklessly and had no business trying to stop a robbery in process. One of the special issues you will have to answer is whether Larson acted recklessly when he tried to disarm Mr. Mahoney, resulting in the plaintiff being shot. I think the clear answer is he did act recklessly and should be held accountable for Mr. Stein’s damages.
“I know everybody loves a daring hero, but Mr. Larson is no hero. His rash actions could have cost Mr. Larson his life and although Mr. Stein appreciates the fact that the robber was thwarted that doesn’t justify the risk that Mr. Larson took at the expense of the plaintiff. When you find that the actions of Mr. Larson were reckless, the next question will be what measure of damages will compensate Mr. Stein for his damages. When you consider that question remember that Mr. Stein feared for his life. He wasn’t sure if he would survive Mr. Larson’s reckless intervention. So, give him his medical expenses, a good sum for mental anguish—two or three times his medicals, and award him his attorney’s fees. Of course, no amount of money would be enough to erase what he was forced to endure, but a respectable recovery will do as much as our system can hope to do to bring about justice.
“Thank you, again, for your time and attention here these past few days.”
“Thank you, Mr. Goldberg,” the judge said turning to the jury. “Now the case is in your hands. Go back to the jury room, select a foreman, and then answer the special issues that have been given you. If you have any questions during your deliberations you may pass those questions to me via the bailiff. Do not ask the bailiff, the attorneys or anyone else any questions. All questions must be directed to me and I will do my best to answer them. You may take the evidence into the jury room and if you want to watch any of the videos again just tell the bailiff and he will play them for you. When you have all agreed on the answers to the special issues, notify the bailiff. When you answer the special issues don’t speculate on the effect of the answers, just answer each question to the best of your ability. Thank you.”
The bailiff escorted the jury into the jury room and then the judge recessed the trial pending jury deliberations. She told everyone to be on standby and ready to return within one hour of being summoned by the bailiff. Jodie turned to Bob Larson and sighed.
“Now we wait.”
Larson nodded. “What do you think?”
“I think it went pretty well. There weren’t any surprises. That’s a plus.”
Carl came up and put his arm around Jodie. “Wow. You are good. Remind me to hire you if I get sued.”
Jodie smiled and kissed Carl on the cheek. “You’re prejudiced.”
“No. He’s right,” Carl agreed. “You’re the best.”
Stan went over and shook Goldberg’s hand. Jodie realized she should have done that too. She walked over and extended her hand. Goldberg shook it but didn’t look pleased. As they were leaving the courtroom Jodie looked at Stan.
“What did you say to him?” Jodie asked. “He didn’t look too happy when I shook his hand.”
“Oh, I told him his client wasn’t a very good liar.”
Jodie laughed. “Thanks a lot. Piss him off just as I come to shake his hand.”
“Sorry. I didn’t know you were coming.”
“So, should we wait downstairs or go back to the office?”
“I’m going back to the office. It’s going to take the jury at least a few hours to make a decision. They may not even reach one today.”
“Hmm. I hope they do. I’d hate to wait another day for a verdict.”
“I may be wrong. Stay if you like.”
Jodie looked at Carl. “What do you think?”
“Why don’t we go take a walk around the West End and stop in at Enchiladas for a drink and some nachos?”
“That will work. I have to come back here at 5:00 p.m. anyway even if they don’t come to a verdict.”
Stan left them and they walked across Kennedy Square to t
he West End. Even though it was wintertime it was a balmy sixty-two degrees and the sky was clear. After they’d made a leisurely sweep of the West End they stopped in at Enchiladas. It was busy with tourists and locals enjoying an afternoon drink. Carl ordered a beer and Jodie got a Margarita. They shared an order of supreme nachos. At 4:10 p.m. Jodie got a call advising her the jury was in and she was to be at the courtroom by 5:00 if possible. She called Stan and told him the news. He said he’d meet her in the courtroom at five.
When they got to the courthouse they saw a small crowd of news reporters crowded around the entrance to the courthouse. Thinking the news reporters were there on another case they went down into the parking garage and entered in the basement.
When they walked into the courtroom Goldberg and Stein were at the plaintiff’s table talking and laughing. Jodie wondered if they knew something she didn’t but then dismissed the idea. A minute later a nervous Bob Larson walked in the door and came over to them.
“So, they’ve made a decision, huh?” Larson asked.
“Apparently so.”
“Is a quick decision good or bad?” he asked.
Jodie shrugged. “Your guess is as good as mine.”
The back door opened and the court reporter came out and began setting up her equipment. A moment later Judge Jasper peeked in the courtroom and looked around. Remarkably the courtroom gallery had filled with not one vacant seat remaining.
The bailiff stood up. “All rise.”
The judge walked briskly to the bench as everyone stood up. “Be seated.”
Stan hustled in from the back of the courtroom and took a seat next to Larson. The judge asked the bailiff to bring in the jury. When they were seated the judge cleared her throat and looked over at the jury.
“Will the elected foreman please stand and state your name.”
A young lady looking to be in her twenties stood up and said, “Margaret Mann.”
“Ms. Mann. Has the jury completed its deliberation?”
“Yes, Your Honor.”
“And have they answered all the special issues?”
“Yes, Your Honor.”
“Would you please read the special issues and the jury’s findings.”
“Yes, Your Honor,” the foreman said and began reading. . . . “Special Issue #1. Do you find from a preponderance of the evidence that the defendant, Bob Larson, caused a firearm to be discharged resulting in a bullet striking the plaintiff, Herb Stein, and injuring him?
“Answer: We do.”
There was a commotion in the gallery. Jodie looked around wondering whose side the spectators were on and why this sudden interest.
“If you answer Special Issue #1 ‘We do’ go on to Special Issue #2.
“Special Issue #2: Do you find from a preponderance of the evidence that the Defendant, Bob Larson, acted in reckless disregard of others in causing a firearm to be discharged resulting in a bullet striking the Plaintiff, Herb Stein?
“Answer: We do.”
More commotion from the gallery. Jodie’s heart sank. The judge banged her gavel. “I’ll have order, if you please.”
The foreman continued. “If you answer Special Issue #2 ‘We do’ answer Special Issue #3.
“Special Issue #3: What amount of damages from a preponderance of the evidence do you believe would adequately compensate the plaintiff for the injuries he sustained as a result of the plaintiff’s reckless conduct? Answer in dollars and cents.
“Answer: $1.00.
Several people laughed. The judge glared at the offenders. Larson looked at Jodie and smiled broadly. “I can give him a dollar. No problem,” he whispered.
“If your answer to Special Issue #3 was at least $1.00 answer Special Issue #4.
“Special Issue #4: What amount of attorney’s fees expended on behalf of the plaintiff, Herb Stein, do you find from a preponderance of the evidence to have been reasonable and necessary in the prosecution of plaintiff’s claims? Answer in dollars and cents.
“Answer: None
The gallery erupted in excited chatter. Stan slapped Larson on the back. “What did I tell you?” he whispered.
“Special Issue #5: Do you find from a preponderance of the evidence that plaintiff brought this lawsuit against the Plaintiff in bad faith or that it was frivolous or groundless in law or fact?”
“Answer: We do.
“If you have answered Special Issue #5 ‘We do’ then answer Special Issue #6.
“Special Issue #6: What amount of attorney’s fees do you find from a preponderance of the evidence to have been reasonable and necessary in the defense of this lawsuit? Answer in dollars and cents.
“Answer: $27,500.00.
“If you have answered Special Issue #6 ‘We do’ then answer Special Issue #7.
“Special Issue #7: What amount of costs do you find from a preponderance of the evidence to have been reasonable and necessary in the defense of this lawsuit? Answer in dollars and cents.
“Answer: $6,732.21,” the foreman concluded.
“Thank you madam foreman. Is that the unanimous verdict of this jury?” the judge asked.
“It is, Your Honor.”
“Very well, I want to thank all of you for your service. You are now free but not obligated to talk about this case freely with anyone you like. You will receive your juror compensation in a few weeks by mail. Thank you again. The jury is dismissed.”
Stein glared at his attorney and Goldberg just shrugged. “Sorry, Herb. You win some, you lose some.”
The judge stood up, and at that moment the back door to the courtroom opened. Two men in suits came in followed by a Dallas police officer. Jodie stared at them as they marched by her to the plaintiff’s table. The lead man pulled a badge out of his pocket and held it up. The judge and everyone in the courtroom just watched in shock.
“Herbert Stein?”
“Yes,” Herb said meekly.
“You are under arrest for insurance fraud,” he said as he turned him around and slapped cuffs on him. “You have the right to remain silent, anything you say can be used against you in a court of law, you have the right to an attorney, if you cannot afford an attorney one will be provided for you. Do you understand these rights?”
“He’s got an attorney!” Goldberg spat. “I’m right here. Don’t say a single word, Herb. Not a goddamn thing!”
The police officer took Herb Stein out of the courtroom. Cameras flashed when he emerged into the hallway. One of the detectives came up to Stan. “Thanks for the heads up, counselor.”
“No problem,” Stan replied.
Jodie just stared at Stan a moment in disbelief. “You orchestrated this?”
Stan shrugged. “Well, it was the least I could do.”
Jodie laughed and a big smile came over Larson’s face. “You guys are unreal. I’m glad you were on my side.”
“It was nothing. I just suggested to Detective Besch that he go down to Huntsville and offer Michael Mahoney a deal. If he testifies against Herb Stein they’d cut his sentence to time served. Apparently after ninety days at Huntsville, he jumped at the idea.”
“I bet,” Jodie said.
When Jodie emerged from the courtroom a crowd of reporters were waiting for her. Carl started to clear a path for her but she told him it was okay and stopped to answer their questions.
“Do you feel good about victory today, Ms. Marshall?” a reporter asked.
Jodie smiled. “Yes. I feel great.”
“Did you know they were going to arrest Herbert Stein for insurance fraud?” another reporter asked.
“No. Apparently my boss did but he didn’t tell me about it.”
“So, is it true this was your first trial?”
“Yes. It was actually. Can you believe it?”
“Congratulations,” a third reporter said. “You did a great job.”
“Thanks,” Jodie said appreciatively and then turned to follow Carl to the elevator. Once they were in the elevator Carl took h
er hand and squeezed it hard.
“I’m so proud of you. You were awesome,” he said gazing into her eyes.
Jodie smiled, pulled him in close to her and gave him a kiss. “I’m just glad it’s over.”