Jackson nodded. Carlson said, “Please answer the question out loud, Mr. Jackson.”
“Yes,” Jackson replied.
“Would you please explain to the court what your understanding of your business agreements were with my client?” Carlson continued to watch him, unwaveringly.
Jackson sat up a little bit. “I thought he was going to absorb my company, like we agreed, and then he changed his mind and told me that since I was a nig-”
The judge, who had been watching him speak from her lofty seat, stopped him immediately. “Mr. Jackson, please refrain from using that kind of language in my courtroom. I do not tolerate it.”
Jackson looked up at her and nodded. “…uh, since I was black, he thought my company wasn’t worth anything and I better just be grateful that he was willing to give me any money at all. But he didn’t offer me a tenth of what the company was worth, and I refused him, so then he attacked me.”
Carlson nodded slightly and pursed his lips. “Mr. Jackson, what value did you initially tell my client your company was worth?”
Beck stood up and shouted, “Objection! He’s leading the witness!”
The judge turned her head toward him. “Overruled.”
Jackson thought for a moment. “I told him it was worth $800,000.”
Carlson continued to gaze at him. “How much did my client offer you to dissolve your company?”
Jackson looked over Carlson’s shoulder and glared at David. “He offered me $500,000 and told me I better be grateful to take it.”
Carlson’s gaze remained on Jackson, who looked back at him. “Did you include the debts your company had incurred when you told him the value was $800,000?”
“Yes,” Jackson said a little unconvincingly.
Carlson narrowed his eyes at him. “All of the debts, Mr. Jackson?”
“I believe so,” Jackson said, sinking down in his chair slightly.
“Including the third mortgage you took out on your business location one week before you met with my client?” Carlson’s voice grew slightly louder.
Beck jumped to his feet again. “Objection! Fruit of the poisonous tree! That is illegally obtained information!”
The judge looked at Beck and raised her voice. “Overruled! Witness, answer the question.”
Jackson squirmed a little in his seat. “I… I don’t recall if I told him that.”
“You don’t recall if you told him about a major loan that you took out on your failing business one week before you met with my client to ask him to merge your company with his?” Carlson’s voice was firm and slightly raised.
Beck leapt to his feet again and punched his fist into the air. “Objection! He’s leading the witness!”
The judge turned fully to look at Beck. “Mr. Beck, your objection is overruled, please limit yourself!” She turned back to Carlson and Jackson. “Mr. Jackson, answer the question, please.”
Jackson shook his head. “I don’t recall.”
Carlson looked at him silently for a moment and then walked over to his desk and picked up a stapled packet, walked over to Jackson and handed it to him.
“Do you recognize this financial statement as the same financial statement that you provided to my client upon your first meeting with him, one week after you closed your loan with the bank?” Carlson stood a few feet from the witness stand, making it necessary for Jackson to speak up when he answered him.
“Yes. That’s what I gave him,” Jackson said in a low tone.
“Does it include information about the loan you had taken out one week before you gave my client that document?” Carlson’s voice went up in volume a little.
Jackson flipped through the pages. “I guess it doesn’t. I don’t think I had the loan documents yet to put those numbers into this statement.”
“Didn’t you leave the bank with loan documents when you closed the loan with them a week before your meeting?” Carlson took a step back, making Jackson speak up a little louder.
Jackson looked at his attorney with a worried expression. “I… uh… I gave those documents to my finance department and I didn’t have them for this statement.”
Carlson tilted his head slightly, as if he might possibly be confused about something. “Who runs your finance department, Mr. Jackson? Please remember that you are under oath and perjury is a punishable offense.”
Jackson’s eyes grew wide and he mumbled an indiscernible answer.
Carlson turned his head slightly “I’m sorry, what was that?” he asked.
“I said I do,” Jackson repeated, looking helplessly at his attorney.
“You run your finance department, and you gave yourself the loan closing documents. Who prepared that financial statement in your hand, Mr. Jackson?”
“I did,” he said quietly.
“What is the date on that document?” Carlson asked, sliding his hands into his pockets.
“It’s dated the day before our meeting,” Jackson answered.
“Just so we all understand what you’re saying, you went to the bank a week before your meeting, you left the bank with your loan closing documents, then a week later, you prepared that financial statement in your hand, leaving out the information about the loan you had just closed on, and you provided my client with incomplete financial information, asking him for more money than your company was truly valued at?”
Beck stood up and yelled, “Objection! He’s badgering the witness!”
The judge looked sharply over the top of her glasses at Beck. “Overruled.”
Jackson stuttered and stumbled over his answer. “It wasn’t like that. You’re making it sound like… I didn’t do that on purpose!” He raised his voice in irritation.
Carlson took the document from Jackson and handed it to the judge. “Defense would like to submit exhibit A, financial statements provided by Mr. Jackson to my client at their meeting.”
He then walked back to the desk and picked up another set of papers and walked over to the witness stand again. “Mr. Jackson, do you agree that this is a true copy of the loan documents that you received from your bank and signed by you one week before the meeting with my client?”
Jackson flipped through the pages and handed them back to Carlson with a disgusted look on his face. “Yes,” he answered with a nasty sneer.
Carlson handed the documents to the judge. “Defense wishes to submit exhibit B, loan documents received by Mr. Jackson that were withheld from my client at their initial meeting.” Carlson then returned to stand a few feet in front of the witness stand.
Jackson looked miserable.
“Mr. Jackson,” Carlson continued. “Where was the first meeting between you and my client held?”
“We met at his office,” Jackson said with a grumble.
Carlson nodded again. “Where were all of the subsequent meetings with my client held?”
“They were at his office,” Jackson answered.
“How many meetings did you have with my client?” Carlson asked.
Jackson answered right away. “We had four meetings.”
“Were there any meetings, at any time, that were not held in my client’s office?” Carlson continued, his eyes set unmoving on Jackson.
Jackson shook his head. “No.”
Carlson lifted his hand to his chin and rubbed his chin as if he was in deep thought. “You’ve stated that my client physically attacked you in your last meeting which you just stated was in his office, is that right, Mr. Jackson?” Carlson asked, looking sharply at him.
Jackson nodded and shouted out passionately, “Yes, he did! He called me all sorts of prejudiced names and he came at me, hitting me, beating me and telling me I had to take the deal he was offering me! He hates blacks and he hates small businesses! He just wants to take over everything with his corporation!”
Carlson nodded and was quiet for a moment, looking at Jackson, and then he said calmly, “Mr. Jackson, are you aware that every part of my client’s offices are constantly m
onitored by video surveillance?”
Jackson stared at Carlson. He answered in a quieter tone. “No, I wasn’t aware of that.”
Carlson walked over to the table where David was sitting and picked up a slim case with a DVD in it, then he turned and walked over to the judge, handing it to her.
“Defense would like to submit exhibit C, this is a DVD provided by the security department at my client’s offices. There are signed affidavits by each member of security who interacted with those security cameras and tapes at all times, as well as by the head of security for the building. The DVD will show the court that it was, in fact, Mr. Jackson who attacked my client first and that it was my client who defended himself. In the course of his defense, he gave Mr. Jackson a blackened eye and a swollen lip, which were the only injuries sustained by Mr. Jackson at the hands of my client.”
Carlson turned and looked at Jackson and raised his voice slightly. “Mr. Jackson, you stated at the beginning of your testimony that you would do anything to save your company from going under and becoming bankrupt. Does that include withholding vital financial information from possible investors in your company and lying to the police, the public, and the courts about an attack that you state you were a victim of in order to induce the courts to award you funds that may save your business?”
Jackson looked as if he had no idea what to say. He looked at his attorney and Beck shook his head almost imperceptibly.
“No,” Jackson said with uncertainty.
“No further questions,” Carlson stated, and returned to his seat.
The Final Chapter
The judge looked at Beck. “Do you have any further witnesses?”
Beck stood and stated, “No, your honor.”
She looked at Carlson. “Defense, you may call your first witness.
Elise felt her heart flutter and begin to pound as she handed Jaden to Sarah.
Carlson called her to the stand. She stood up and straightened her dress, looking for a moment at David who smiled at her with loving encouragement, and then she lifted her chin and walked to the witness stand and took her oath.
Carlson looked at her and she felt like she was back in their practice sessions. He gave her the same expressions he had when he had practiced simulated testimony with her and it eased her nerves and tension somewhat.
He began as they had practiced. “What is your occupation?”
“I’m a small business owner,” she answered.
“What type of business do you own?” he asked.
“I own six cafés in this city.” Elise felt that she was coming off as confident, which gave her more confidence. She focused on Carlson, as he had taught her to do.
“When you met my client, how many cafés did you own?” Carlson asked, looking at her with steady eyes.
“One,” she said, thinking back to the days when she had worked so hard to see that one shop grow and succeed.
“How is it that you increased your business from one café to six cafés?” Carlson took another step back from her and she raised the volume of her voice slightly.
“David loaned me the funds to open five more shops, which I did, and now all of them are doing very well.” She smiled at David and he smiled back at her.
“What is your relationship to my client?” Carlson asked her.
“I am his wife,” Elise answered with a smile.
“Was his involvement in the expansion of your business in any way related to your marriage to my client?” Carlson stood a short distance from her and she knew that he wanted her to speak louder, so she raised her voice slightly.
“No. He didn’t help me because we were married. He helped me because he reviewed all of the information about my business and believed it could expand successfully,” she answered.
Carlson tilted his head slightly and asked, “How could we know that his involvement in your business had nothing to do with your marriage to him?”
Elise lifted her chin proudly. “Because the money he loaned me for my businesses was a contracted deal and I have paid him back in full with the profits from my businesses.”
Carlson walked over to the desk and picked up another stack of papers. He handed them to Elise where she sat on the stand. “Would you agree that these are records of his loan to you and of your payments back to him, satisfying that loan?” Carlson asked.
She looked briefly through them, having done so in practice several times, and looked up at him. “Yes, they are,” she answered.
Carlson handed the forms to the judge. “Defense submits exhibit D, financial records of the loan my client made to the witness for her business and the documentation of her payments to him which reimbursed him for that loan with interest.”
The judge took the documents and looked over them briefly.
“What is your ethnic background?” Carlson asked, looking at Elise.
“I’m black, or African-American,” Elise answered matter-of-factly.
Carlson nodded. “Did the subject of your ethnicity ever come up during your business dealings with my client?” he asked, looking at her.
She shook her head. “No, it has never come up.”
He slid his hands into his pockets. “Was your ethnicity ever a factor, whether for good or bad, in your business dealings with my client?”
Elise shook her head again. “No, it was never a factor. It never came up once.”
Carlson walked a few steps away from her. “Has your ethnicity affected your marriage in any way?”
“No, it hasn’t,” she answered.
Carlson indicated Jaden, sleeping in Sarah’s arms. “Do you have any children with my client?” he asked.
Elise smiled widely at Sarah and Jaden. “I do. We have a daughter, that’s her right there.” Elise pointed toward Sarah.
“Has your daughter’s ethnicity ever been a subject of issue in your marriage?” he asked.
“No, it hasn’t,” she answered again.
“In your experience of receiving money from my client for your small business, in order to improve your business, do you believe that he acted with fairness and equality in his business dealings with you?” Carlson looked at her again.
“Yes, he was extremely fair during the entire transaction,” she answered him.
“Did you ever feel as though your ethnicity was a problem for my client?” Carlson asked.
She shook her head. “No. I believe that it wouldn’t have mattered what color my skin was, I think he would have treated me the same way no matter what my ethnicity was.”
He nodded. “Thank you, no further questions.”
She waited as Carlson took his seat and Beck stood up and walked toward her with an obvious glare on his face.
“How long have you been married to the defendant?” he asked, giving her a piercing gaze.
“About ten months,” she answered, keeping her response short and to the point, as Carlson had instructed her.
“So you married him after he was aware that he was coming to court for this situation.” Beck stood in front of her with his hands on his hips.
“Objection!” Carlson stood and called out. “Speculation.”
The judge nodded. “Sustained.”
He shook his head at her. “I’ll rephrase it for you. Why did you marry him?”
“He wanted me to be his wife,” she replied. That was the truth. Keep it short and simple she told herself and don’t lie.
Beck turned and paced a little, watching her intently the whole time. He reminded her of a panther on the prowl, trying to make her feel like his prey. “Did you marry him because of this court proceeding?” he asked her, coming to the meat of it.
“I wasn’t aware of any court proceeding until almost two months ago,” she answered.
He balked at her. “You expect this court to believe that you didn’t know your husband was involved in this situation and was facing court until two months ago?” he retorted.
She nodded her head. “Yes, I do expect
the court to believe that because it’s the truth.”
He snapped his head away from her and paced the floor for a few seconds and then looked back up at her again. “You’re a black woman. Why are you married to a white man?” he glared at her again as if she had betrayed her own race by marrying David.
She narrowed her eyes at him slightly, but maintained her demeanor. “His color had nothing whatsoever to do with the reasons why I married him. I love him.” Although she hadn’t loved him when she married him, she had grown to love him and that love was the reason she would stay married to him. She was still speaking truth.
“Did the fact that your marriage to him have anything to do with him helping you with your business?” he peered at her coldly.
She shook her head again. “No, it had nothing to do with it.”
Beck paced around again and then looked up at her. “No further questions,” he snapped at her and went back to his chair. Jackson glared at her and shook his head as if she should be ashamed of herself.
Elise stepped down from the stand and walked back to Sarah, her heart pounding in her chest as she looked over at David and smiled. She took her seat and her baby, and Jaden nuzzled her in her sleep.
Carlson stood and called David to the stand. David drew a deep breath to try to calm himself and then he walked up, took his oath and sat down before the judge. Carlson stood closer to their table than he did to the stand, and he raised his chin and looked at David intently.
“What was your initial agreement with Mr. Jackson?” he asked.
David took a deep breath and tried to keep himself calm on the surface. “When we met the first time, he showed me his financial records and I agreed that it may be possible for me to absorb his company into mine and keep his employees on at their current wage, with their current benefits.”
“Why did you tell him that?” Carlson asked.
“I told him that because I believed he had been upfront and honest with me about the financial health of his company, and I like to support small businesses. I wanted to help him.” David recalled that first meeting and felt as though he should have been able to see through Jackson’s façade. It was one of the rare times in his life when he had been wrong about the person he was dealing with.
The Baby Shower Page 26