Luke smiled, kissed his daughter, grabbed his briefcase, and left the house.
He walked up the street to the sheriff’s car and was greeted by one of the deputies, who exited from the passenger side and introduced himself as Brian Wallis, his escort for the day.
“Brian, I want you to stay back half a block or so. Just keep your eyes open. I don’t expect any problem.”
Deputy Wallis nodded his agreement. His partner remained in the car.
While Luke walked the short distance to the courthouse, he considered the twists and turns in his life and what was about to happen. He intended to be a famous trial lawyer in Houston and failed. He married because he had to, not because he wanted to. He and his former wife had Sam, and then she deserted him. Well, that was one positive. He tried to raise Sam while they were in Houston and managed to alienate her. He made the decision to move to San Marcos to simplify his life, and it got more complicated when Sam separated herself from him, at least emotionally. He made too many bad decisions to count in her teen years and topped them all off by jerking her out of A&M. Then the miracle occurred and they managed to reconcile. They had one fantastic father-daughter year before Ceventa tore their lives asunder. Now Sam lay on the brink of death and he was walking to the Hays County courthouse, trailed by a deputy sheriff, in a desperate effort to salvage her life against odds so high that no one in Las Vegas would place a wager on his chances. “Help me, God,” he said quietly but out loud. Then he turned the corner and discovered a three-ring circus camped on the lawn of the courthouse.
Remote vans with antennas filled the streets. Reporters were smiling into cameras as they discussed what was about to take place in this small Central Texas town. Other reporters and technicians tested microphones.
Luke paused, took a deep breath, and continued toward the courthouse. When one reporter spotted him, others followed to surround the small-town lawyer out to save his daughter’s life. On this day, he elected to tell them he was late and had no comment, maybe tomorrow. Luke hurried up the steps and into the courthouse corridor, where he was greeted with smiles by everyone he saw. When he entered the courtroom he found Sue Ellen already at the table nearest the jury box, talking to Simon Rothschild and Tom Lorance. Lorance had been conspicuous by his absence once he had offered Dr. Challa’s insurance coverage. Now, of course, he had to be here.
“Morning, Sue Ellen. Morning, Tom. Morning, Simon. How’s your grandchild doing?”
“She’s doing well, Luke. Thanks for asking. The wife ought to be able to come home in a couple of weeks.”
“Sue Ellen, let’s talk over by the window a minute.”
The two stepped away and talked softly. “Any problems this morning?”
“None. My deputy’s kinda cute.” She smiled. “Don’t worry. He looks just a little older than Josh.”
The doors opened, and Audrey Metcalf swept in with her usual entourage. She was followed by reporters who filled up the seats and stood around the walls.
“Should we say anything to her about yesterday?” Sue Ellen asked.
Luke shook his head. “If it was Ceventa, I don’t think she would have been involved. She’s a tough bitch, but she wants to destroy us in the courtroom, not on the highway. Still, if we say anything, she’ll just try to figure out some way to turn it to her advantage.”
Simon motioned to the reporters. “Judge Nimitz doesn’t permit any cameras or recording devices in the courtroom. If you have them this morning, please turn them off and put them away. Tomorrow we’ll be checking each of you before you’re permitted in the courthouse. You best not even have a computer, just a pad and pen to take notes.”
The reporters grumbled among themselves about being transported back to the nineteenth century when they entered Hays County. Then Judge Nimitz stepped from his chambers. “Be seated, everyone. Good morning. In the case of Samantha Vaughan v. Ceventa and Dr. Vijay Challa, I’m calling for announcements.”
“Plaintiff is ready, Your Honor,” Luke said as he rose.
“Ceventa is also ready, Judge Nimitz,” Audrey said.
“So is Dr. Challa, Judge,” Tom Lorance joined in.
Judge Nimitz looked at Lorance. “Tom, I almost forgot about you. We haven’t seen much of you lately. You still got a dog in this fight?”
“Yes, sir, but only a little one. I intend to take only a modest role in this proceeding.”
“Very well, then, having received announcements of ready from all parties, we’ll proceed with pretrial and pick a jury tomorrow. Luke, you’re first. You have any motion in limine matters that I need to hear?”
“No, Judge,” Luke replied. “Mine are the usual. I submitted them to Mr. Forsythe and he agreed.”
Forsythe rose and acknowledged their agreement.
“Tom, I presume you’ve got nothing,” Judge Nimitz asked as he looked in Lorance’s direction. Lorance motioned with his hand to indicate the judge was correct.
“That leaves you, Ms. Metcalf. What are you looking to keep out of evidence?”
Metcalf stood at her table and folded her arms. “Judge, you’ve already ruled on the clinical trial data. I can assure you and counsel that we will not be opening that door. Not only would it be prejudicial, but it would also probably lengthen our trial by about a month.”
Judge Nimitz nodded his head. “We certainly don’t want a six-week trial. Mr. Vaughan, you are again instructed not to go into that clinical trial data unless you approach the bench and get my prior approval.”
Luke didn’t like the ruling but knew he was out of options, at least for now. “Understood, Your Honor.”
“Now, let’s talk about tomorrow. I can squeeze eighty prospective jurors in this courtroom if Simon brings in extra chairs. So that’s the number you’ll be working with. Simon, please give the lawyers the jury cards.”
Simon took three jury lists from his desk and placed one in front of each lead lawyer. Each photocopied card on the list provided information about the prospect: age, sex, race, religion, address, occupation, marital status, number of children, prior jury service, and involvement as a party in other lawsuits. This basic information was frequently all the lawyers had about prospective jurors until they started asking questions. In this case, Luke knew that Whizmo’s team would ferret out more details. Likewise, Luke knew that some of Audrey’s flying monkeys back at the Holiday Inn were prepared to do the same thing.
78
When Luke and Sue Ellen got back to his house, they found the conference room filled with young men and women, all with laptops in front of them. Some were checking e-mails, some playing games, and a couple actually doing homework assignments. Samantha was sitting at the end of the table, also with her laptop open, and talking to Brad. Whizmo was walking around the room, visiting with each of his students.
“Brad,” Luke said, “take these jury lists and make one set for everyone at the table. Whiz, please introduce us to your students.”
Whizmo went around the room, naming the students and telling Luke and Sue Ellen a little about each of them.
“Now,” Luke said, “I’m sure that Whiz has told you a little about what we’ll be doing today. Let me cover it one more time to make sure we’re all on the same page. The jury information cards that Brad is copying have some basic information on eighty people. We’ll divide them among you. We’ve got access to LexisNexis here, PublicData, county property registration, vehicle registrations, criminal records, you name it. If there’s a database out there, you’ll have access to it. I want to know if these people live in a house or an apartment, whether they’re paying their mortgage on time, what kind of cars they drive, credit status, credit card debt, political parties, marriages, divorces, other lawsuits. Don’t consider anything so unimportant that you don’t include it. Let us be the judge of what you find. Sam and I appreciate your help. By the way, we’ll order pizza about noon.”
By late afternoon Whizmo’s team had completed the job. Samantha had long before excused her
self for a nap. Luke thanked them all for their help and promised to keep Whizmo updated as the trial progressed so he could pass the information on to them.
When the students were gone, Whizmo took himself off to his woodworking shop. Mary cleared away the pizza boxes, Cokes, and Dr Peppers. Luke and Sue Ellen settled down to analyze the data. Using yellow highlighters, they marked any detail that would be a positive or a negative for them. Likewise, they highlighted any information that needed follow-up questions. As the sun was fading in the west, they called it quits and adjourned to the porch with wine in hand. Tomorrow it began for real.
79
It was a little after ten and Luke was in his office, preparing for voir dire, when his phone rang.
Looking at the caller ID, he answered, “Sue Ellen, what’s up?”
“Luke, Josh is not home. He was studying over at a friend’s but was supposed to be home by nine. I talked to his friend’s mother, and she said he left about eight thirty. It’s only a ten-minute walk from there to here. He doesn’t answer his cell, and I’ve called all of his friends. Luke, I’m scared.”
“I’ll be right over. Call John and get him out of the sack.”
Samantha was already asleep. He went upstairs and knocked on what was now Mary’s bedroom. Mary opened the door a crack and peeked through. “I’m going over to Sue Ellen’s. Should be back in an hour. Just wanted to let you know.”
As he went down the steps the lone night deputy met him. “Any problem, Luke?”
“I’ve got to go over to Sue Ellen’s for a little while.”
“You want me to go with you?”
“No, it’s only three blocks. I’ll be okay. You stay here. Call me if you see anything suspicious.”
Sue Ellen met Luke on her front porch. She was crying. “Luke, I just got a call. The man said that if I want Josh back, we have to drop this lawsuit. You’ve got to dismiss the case.”
Before Luke could answer, John McClain drove up and jumped from the car. Sal Jenkins, the sheriff of Hays County, got out of the passenger door. “Sue Ellen, have you heard from him?”
Sue Ellen repeated the phone conversation as they climbed the steps and walked into the house.
“Dammit! Dammit to hell! I thought we had our bases covered. It never occurred to me that Josh would be in danger. I’m sorry, Sue Ellen. I’m so sorry.”
“John, I’m not angry with you. I just want answers and I want Josh safe. Now what?”
McClain scratched his bald head before he replied. “As to the threat about the lawsuit, that’s between you and Luke here. Besides, there are no guarantees that even if you dismissed the case tomorrow, Josh would be safe. Sal, notify the state troopers and put out an APB. Sue Ellen, we need a current photo of Josh. And, Sal, since we’ve got a kidnapping that makes it a potential federal offense, call the FBI. You get your guys to canvas the neighborhood tonight. I don’t care if you wake people up. We need to know if any of the neighbors saw anything strange.”
“I’m on it, John,” Sheriff Jenkins said. “Don’t worry, Sue Ellen. We’ll find him. Now, if you’ll get me that photo.”
After the DA and the sheriff left, Luke and Sue Ellen sat on the couch and hugged each other. Finally Luke broke away and wiped the tears from Sue Ellen’s eyes. “Sue Ellen, I don’t know what to do. How can this happen to two small-town lawyers? We started off trying to save Samantha’s life. Now both of our kids are in danger. I’ll drop the case if necessary, but if I do…”
Sue Ellen suppressed her crying and finished Luke’s sentence. “… then Samantha’s going to die.”
“And if I don’t, then Josh could die.”
There was silence in the room for minutes while the two parents considered their dilemma and options. Luke broke it. “There’s no right answer. We’re dealing with some people who tried to kill me and now have kidnapped Josh. Even if we dismiss the case, like John said, there’s no guarantee we’ll find Josh alive. We think someone at Ceventa is behind this, but we don’t know for sure.” Luke paused as if to be certain what he was about to say was the right decision. “If we drop the case, Sam’s gonna die, and even if Josh is released, we’ll probably never know who’s behind all of this. I’m afraid that we have no choice but to go forward with the trial and hope that all the law enforcement agencies can find Josh. There’s one other thing, and don’t think I’m saying this to try to convince you one way or the other. If they kill Josh, they’ve lost their leverage with us. That alone should encourage the kidnappers to keep him alive.”
Sue Ellen rose, turned to look at Luke, shook her head, and without a word walked up the stairs. Luke watched her disappear and then walked out the front door into the night.
80
Luke showered and dressed the next morning, then went downstairs and knocked on Samantha’s door. Samantha was just waking up when he entered. He sat on the side of her bed as he spoke. “Sam, something happened last night.”
Samantha stared at him sleepily.
“Josh is gone. We think he’s been kidnapped.”
Samantha was suddenly awake and pushed herself up to a sitting position. “Who did it, Dad? Why?”
“We don’t know, Sam. The district attorney, the sheriff, and the FBI are all looking for him.”
Samantha looked out the window at the sheriff’s car down the street. “It’s about the trial, isn’t it, Dad?”
Luke hesitated and then told her about Sue Ellen’s phone call.
“Drop it, Dad.”
“Do what?”
“Drop the lawsuit. Look, I’m probably going to die anyway. They tried to kill you, and now Josh may be next. It’s not worth it. Josh didn’t do anything to anybody.”
Luke took his daughter by her narrow shoulders. “Listen to me, Sam. Sue Ellen and I talked this through last night. I’m going to keep going with the lawsuit. I don’t have time to explain now, but I think it’s the right decision. I promise you we’ll take it day by day. I want you to trust me on this.”
This time Samantha looked her dad in the eye. “Are you sure this is the right thing to do? Positive, I mean?”
Luke sighed. “Samantha, I can’t be positive about anything anymore. I can tell you I believe this is the right decision. We can talk about it some more tonight.”
Samantha nodded and lay down with her back to her dad as he left her room.
81
Luke and Sue Ellen walked to the courthouse, this time with deputies on either side of them. They ignored reporters who asked about their escorts. Two other deputies stood guard at the courtroom door, permitting only the lawyers to enter. When Audrey Metcalf arrived, John McClain met her and asked her to come talk with him in his office. After thirty minutes they returned to the courtroom. Metcalf was visibly shaken as she took her seat. Before she could tell her team what was going on, Judge Nimitz stepped from his chambers. When he took the bench, he motioned to his court reporter to record every word. His face was solemn as he spoke.
“Let the record reflect that the doors to the courtroom are locked. The only people present are counsel for the parties, District Attorney John McClain, Sheriff Sal Jenkins, my bailiff, and my court reporter. We have a very serious situation on our hands. Ms. Metcalf, I understand that Mr. McClain has briefed you.”
“He has, Your Honor.”
“So the record is clear, someone made an attempt on Mr. Vaughan’s life just two days ago. Last night, Josh Taggert, Sue Ellen’s son, was apparently kidnapped and has yet to be found. Understand, Ms. Metcalf, I’m not suggesting anything. The criminal investigation will be handled by Mr. McClain and Sheriff Jenkins. However”—the judge paused to choose his words carefully—“the only connection between the attempt on Mr. Vaughan’s life and Josh’s kidnapping appears to be this lawsuit.”
“Your Honor!” Metcalf said.
“Please be seated, Ms. Metcalf. I’m not through yet. There are two parties who would like to see this lawsuit over before it even begins, Dr. Challa and Ceventa.”
“I appreciate that, Mr. Lorance. Now’s not the time or place. However, I do want you defense lawyers to quiz your clients, particularly you, Ms. Metcalf. Although I doubt if Ceventa is involved, they’re going to tell you.”
Metcalf rose again. “Now may I be heard, Judge?”
Judge Nimitz nodded.
“Judge, you can rest assured that I’ll get to the bottom of this with my client. I can further assure you that Ceventa tries cases all over the country. Ceventa is a good corporate citizen that believes in our judicial system. It’s always been willing to present facts to a jury and abide by their decision.”
“Understood, Ms. Metcalf. Now, what do we do about this trial? Luke, you and Sue Ellen can make the call. If you want it continued, we’ll do so.”
This time Sue Ellen rose. “Judge, under the circumstances, I will be the one to speak for our side. Luke and I talked far into the night about this. There’s no clear-cut answer. Both of our kids are in danger. Samantha is near death. Any postponement could mean she will never have a trial or a chance at a new liver. I understand we’ve got multiple law enforcement agencies combing the area. For now I’m willing to defer to Mr. Vaughan’s decision to go forward with our trial. If things change, we’ll advise the court.”
Judge Nimitz pondered the situation before speaking. “Sue Ellen, are you sure?”
“Yes, sir. I am.”
“Very well, we’ll start picking a jury in half an hour. No one is to breathe a word of this to anyone outside of this courtroom and your clients. If the media gets wind of it, I’ll have to sequester the jury.”
The Trial Page 20