Attorney-Client Privilege

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Attorney-Client Privilege Page 32

by Pamela Samuels Young


  “Confidentiality won’t be a problem. Is Girlie Cortez aware of this call?”

  There was a long pause. “You’ll be dealing directly with me going forward. When can I expect your client’s response?”

  What in the world was going on between Girlie and her client?

  “I’ll try to reach Olivia right now. I’ll get back to you within the hour.”

  “That’s fine. I’ll make sure my assistant puts your call through. Thanks for—”

  “Hold on.” I felt so good that I decided to shoot for the stars. “I have another client who’s entitled to payment from your company. I understand that Harlan Kimble’s will provides that Jane Campbell should receive four-hundred-thousand dollars if she gets fired before reaching the age of sixty-two. It would be nice to take care of both of these matters at the same time.”

  “Is she willing to sign a release waiving any other claims against the company?”

  “Nope. She’s entitled to that money. But if you want to discuss an additional sum to resolve the wrongful termination, retaliation, whistleblowing and age discrimination claims I’m planning to file on her behalf later this week, I’m sure she’d be open to hearing your offer.”

  A global settlement was definitely my preference. Jane did not have the emotional stamina to make it through a deposition, much less a trial.

  “I’ll see what I can do,” Evelyn said in her lifeless voice. “Good-bye.”

  I started to dial Olivia’s number, then quietly placed the phone back into the base. It was almost as if I could feel Judi Irving’s presence in my office, applauding the end of this crazy battle. I closed my eyes and said a short prayer of thanks. “This is for you, Judi.”

  When I finally got Olivia on the line, I could hardly contain myself. “The Lord works in mysterious ways,” I gushed.

  She paused, having rarely heard this kind of talk from me.

  “Indeed, He does,” she agreed.

  “I just got a settlement offer from Big Buy.” I repeated the offer.

  “Oh, my goodness! Praise the Lord! Praise the Lord. Praise the Lord!”

  “I think David just slaughtered Goliath.”

  “And praise the Lord for that!”

  “So what do you want to do?” I asked. “Stay with the company or leave?”

  “Get me out of that den of inequity. I’ll take the three years’ salary.”

  “Wise choice,” I said. “Why don’t you call your husband with the good news? You’re going to be subject to a confidentiality provision, so you shouldn’t mention it to anyone else. I’ll call you back to let you know when I’ll have the settlement agreement for you to sign.”

  Olivia spent another five minutes alternately praising God and thanking me. I hung up feeling like I’d just won a million-dollar jury verdict. My devious side prompted me to make one more call.

  Girlie answered, probably so she could hang up on me again. I didn’t waste time getting to the point.

  “I just got an offer to settle Olivia’s case directly from the general counsel of Big Buy. I’m curious about why I didn’t hear it from you.”

  The silence on the other end of the line told me that something was definitely amiss between Girlie and her client.

  “Are you still handling the case?”

  “What was the offer?” Girlie asked tightly.

  “Perhaps you should call your client and find out,” I said, then happily hung up.

  CHAPTER 87

  Special and I sat in the lobby at LAPD headquarters anxiously awaiting our scheduled meeting with Detectives Mankowski and Thomas.

  “Girl, I can’t wait to see their faces when they find out we’ve solved their murder case.” Special beamed with pride. “And by the way, when are you going to give me my props?”

  I smiled at my friend. “You are an incredible investigator, Ms. Special Sharlene Moore. But you still haven’t told me exactly how you got the information about Girlie.”

  She waved away my inquiry. “Sorry, but my investigative techniques are a trade secret.”

  Knowing my friend and her antics, it was probably best that I didn’t know.

  I was still on a high from my call with Olivia. It felt great to have delivered for her. Now, I only hoped that I could do the same for Jane Campbell. The general counsel hadn’t called back yet, but Jane was thrilled about the possibility that Big Buy would give her the money Harlan Kimble had left for her without a long legal battle. With everything going on with the company, I didn’t think they’d want to take on Jane’s wrongful discharge case either. So I fully expected that Big Buy would make an offer to resolve that case as well.

  Too bad Girlie Cortez wouldn’t be representing the company. After the police heard the information we were about to disclose, Girlie wouldn’t be representing anybody.

  The day before, I had called Detective Mankowski and explained that I had information regarding Big Buy and Judi Irving’s murder that I thought he would find quite interesting. He asked for specifics, but I refused to divulge any information over the phone. I wanted to deliver these bombshells face-to-face.

  Finally, Mankowski came out to the lobby to greet us. “Sorry to keep you waiting. Follow me.”

  He escorted us to a small interrogation room. Detective Thomas entered the room behind us.

  “You were very mysterious about the nature of your visit when you called,” Mankowski said, once we were all seated. “So let’s hear it.”

  “Sorry,” Special responded. “We couldn’t talk about this over the phone. This is serious business.”

  Mankowski’s fingers drummed the table. “Tell me who you are again?”

  “Special Moore,” I said. “Just a good friend who helps me with research from time to time.

  Deep lines wrinkled Special’s forehead. She didn’t like being referred to as a lowly researcher. But I was not about to tell two cops that I was turning over information obtained by an unlicensed investigator.

  “So exactly what information do you have?”

  “We have evidence of criminal conduct on the part of Big Buy,” I said proudly. “And we also know what was in those documents Judi Irving received, which we believe led to her murder.”

  “We already know all about the documents,” Detective Mankowski announced. “Big Buy was cooking its books. It’s been all over the news. And that information didn’t lead to Judi Irving’s death. She was murdered during a botched burglary. Those documents had nothing to do with her murder.”

  That information stunned Special as much as it did me. Big Buy’s financial fraud was all over the news. So it made sense that the detectives would’ve put two and two together just as we had. But we were convinced that Judi was killed over the documents.

  “A botched burglary?” Special said. “Are you sure?”

  “We’re absolutely sure. And the guys involved had absolutely no connection to Big Buy. One of them fled to Mexico. But we’ll get him. Eventually.”

  Special and I exchanged disappointed glances. Based on the conversations that Jane had overheard, we’d assumed that Judi had been murdered over the documents. But then again, Jane didn’t have any corroborating evidence. This was a real blow, but we weren’t done yet.

  “Do you know who sent those Big Buy documents to Judi?” I asked.

  Mankowski leaned back in his chair. “Nope. Do you?”

  “Jane Campbell,” I said. “She was the assistant to Big Buy’s CEO. She’s my client now. She was wrongfully terminated and I’m pursuing a lawsuit against the company on her behalf.”

  “Isn’t that going to be a little difficult? Sounds like she misappropriated confidential company records.”

  “It won’t be difficult at all.” I folded my arms and cocked my head. “The CEO had instructed her to shred the documents but she kept them because they revealed evidence of a crime. She was fired because of that evidence. By the time I’m done, Jane Campbell will be a corporate folk hero.”

  “You lawyers are s
omething else,” Thomas said with a grin. “So was Campbell also the one who turned over the documents to The Daily Business Journal?”

  “Nope. The CEO accused her of that, but she swears she didn’t.”

  Thomas raised an eyebrow. “And you believe her?”

  “Absolutely. She has no reason to lie about it. But I do have a theory about someone else who had a motive for turning over those documents to the Journal.”

  “We’re listening.”

  “We believe Girlie Cortez did.”

  Mankowski shot up in his seat and rested both forearms on the table. His level of interest in what we had to say had suddenly spiked.

  “How did she get them?” he asked.

  “From Judi’s boyfriend, Phillip Peterman.”

  Some kind of signal I couldn’t decipher passed between Mankowski and his partner. “You believe that or you know it?” Mankowski asked.

  I hesitated. Billie Wilson from the Journal never revealed how she got the Big Buy documents, but she did confirm that they had arrived in the mail from an anonymous source.

  “It’s a theory. But it’s a theory based on Girlie’s background.”

  I slid a folder across the table to him. “Take a look at this. I think it explains why Girlie went against her client’s best interests and gave those documents to the Journal.”

  Mankowski opened the folder and picked up Special’s neatly typed report. He placed it on the table so both he and Thomas could read it at the same time. We waited as the two detectives read all five pages. It took them several minutes.

  Thomas was the faster reader. When he gazed across the table at me, there was a noticeable gleam in his eye.

  “Where’d you get this information?” he asked.

  “I dug it up,” Special boasted.

  Mankowski turned the report face-down. “How?”

  “Research.”

  “What kind of research?”

  “Some of it on the Internet. But most of it from talking to people.”

  A skeptical Mankowski pressed harder. “What people?”

  Special turned to look at me. It had not occurred to her that she might be on the firing line. “Friends and friends of friends.”

  Her voice had a cagey edge to it and she started rubbing her palms together. I hoped Special hadn’t done anything illegal to gather the information, but I knew that was a definite possibility.

  Mankowski hurled a scowl across the table. It was probably the same intimidating look he used to get criminals to confess.

  Special squared her shoulders. “Look, I have some Filipino friends who happen to know people, who know people who knew Girlie’s family.”

  “So you got this information from a relative of Girlie?”

  “Yes. And it’s all true. I got this information from Girlie’s aunt, okay?”

  A long patch of silence followed. Both detectives seemed to be locked in their own thoughts.

  Mankowski scratched his jaw. “If the information in this folder is true, it would definitely serve as a motive for Girlie to hand over those documents to the Journal.”

  “It’s true,” Special assured him. “My sources are solid.”

  “We’ll need the names of everybody you talked to?”

  “I can’t. My sources are confidential.”

  Mankowski rolled his eyes. “Girlie Cortez denies ever having seen those documents. She even agreed to take a lie detector test to prove it.”

  That revelation shot a double dose of disbelief straight down my spine. “There’s no way she’d take a lie detector test. She’s a lawyer. No lawyer would. They’re not reliable.”

  Mankowski spread his palms. “We’ve already got it scheduled. Tomorrow at three o’clock.”

  My head swung from side to side, then back again. “She’s bluffing. No way she’s going to show up. Girlie Cortez enjoys playing head games.”

  “And if she does show up,” Special threw in, “it’s only because she’s figured out some way to beat the test. I read an article about how you can throw it off by controlling your pulse and breathing. That heffa is treacherous.”

  Thomas snickered. “Now that last statement I believe.”

  Mankowski muttered, mostly to himself. I didn’t know if his reaction was in response to Special’s comment about Girlie or his partner’s confirmation of it.

  “You said you also had some information about criminal activity on the part of Big Buy,” Mankowski said. “Were you referring to the company’s fraudulent earnings reports?”

  “Nope.” I opened a second folder and handed him another piece of paper. “I’m talking about a totally separate crime.”

  Both detectives started reading the report. Seconds later, they looked up at precisely the same moment.

  “Are you saying the CEO of Big Buy authorized this activity?” Mankowski asked.

  Now we definitely had their attention. “That’s exactly what I’m saying.”

  “You also claimed Big Buy was involved in Judi’s murder and you were wrong about that. Why should I believe this?”

  “That information came directly from my client, Jane Campbell. As I said, she was the CEO’s executive assistant. So she was definitely in a position to know. She has copies of phone records and bank transfers. And she will testify under oath to everything in that report.”

  I rose from my chair, reached across the table and attempted to retrieve both documents.

  “Hold on,” Mankowski said, placing a hand on top of the papers before I could take them back. “We’d like to make a copy.”

  I eased back into my seat, more than pleased with his level of interest in our information.

  “That’s fine. I’ll allow you to copy them, but only if you agree to make a deal with us.”

  Mankowski frowned. “What kind of deal?”

  Special’s eyes darted my way. We had already agreed to leave the reports. She had no idea what I was about to propose.

  “If Girlie does show up for that lie detector test tomorrow, we want to be here.”

  The thrill of finally bringing down my nemesis churned in my chest. “We want to be in close proximity when you catch her lying through her teeth.”

  CHAPTER 88

  “I can’t believe she actually showed up,” Detective Thomas whispered to Mankowski, his words dripping with glee.

  They stood in the hallway outside the room where a technician was hooking Girlie Cortez up to a polygraph machine.

  Mankowski couldn’t believe it either when Girlie marched into the station fifteen minutes early for their appointment. She was wearing a shorter-than-short red cotton dress with red leather boots that snaked up over her knees. Every officer in the squad room gave her a lustful double-take as she sashayed by.

  Girlie was certainly no dummy. While she continued to profess that she was telling the truth and that the test would prove it, she insisted on an agreement in writing that the polygraph results could not be used against her for any purpose. She also wanted an agreement that the results would be destroyed immediately after the test. She was taking the test she said, solely to prove her innocence to Mankowski.

  Mankowski was flattered that his opinion meant so much to her. He readily signed the agreement since the tests weren’t admissible in court anyway. He hoped like hell that she did pass so he could screw her again. But after the information he’d gotten from Vernetta Henderson, he seriously doubted that she would.

  “You think she knows how to beat it?” Detective Thomas asked.

  Mankowski shrugged. “Hell if I know.”

  If the results turned out to be inconclusive, that would be everyone’s assumption. They entered an adjacent room where Vernetta and Special were seated at a table.

  “This is gonna be good,” Special said, rubbing her palms together. “You guys going to arrest her as soon as she fails the test?”

  This chick was way too excited about bringing down Girlie. Women bent on revenge made him nervous.

  “Ladies,
like I told you—”

  “We know,” Vernetta said, interrupting him. “Having us here is a violation of department procedure. We won’t get in the way and we won’t come out of this room until you tell us to. Promise.”

  “You sure we can’t watch?” Special said, pleadingly. “Can you put us in one of those rooms with the two-way mirrors?”

  “No,” Mankowski said, and followed his partner out of the room.

  “You think they’ll really stay in there?” Thomas asked.

  “I hope so. But I’m a little concerned about the mouthy one.”

  Thomas grinned. “I got a feeling we’re in for some real fireworks.”

  “You have no idea,” Mankowski said. “We have some additional guests to greet. Follow me.”

  Detective Thomas looked confused as he watched Mankowski enter a room a few feet down the hallway.

  Thomas almost lost his lunch when he saw Rita Richards-Kimble and Evelyn Kimble sitting around a small table that was usually reserved for suspected criminals. They were accompanied by two men who bore all the appearances of big-firm lawyers.

  “How much longer is this going to take?” said a gray-headed, Brooks Brothers’ type. Mankowski presumed he was Rita’s attorney because the two of them were sitting off to the side.

  “I didn’t catch your name,” Mankowski said.

  “Nelson. Barry Nelson. I’m a partner with Sheppard, Mullen & Reed and I represent Ms. Richards-Kimble.” He plucked a card from a diamond-studded card case. “My client doesn’t have to be here. She came voluntarily. Against my advice, by the way.”

  “We really appreciate your cooperation,” Mankowski said. “It’ll only be a few more minutes.”

  “Do you have a card?” the other suit asked Mankowski. “I’m Marcus Winbush and I represent Evelyn Kimble.”

  The fact that the CEO and general counsel had each hired their own attorney was a good sign. They were already drawing battle lines.

 

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