Judge and Jury

by William Bernhardt

  Since she represented the plaintiff, Maria was the first to address the jury.

  “Well, this has been a wild ride, hasn’t it?” She allowed herself a small smile. Dan knew she didn’t want to appear to trivialize all that had transpired. But a brief recognition that this was not your typical slander trial was probably permissible. “This case initially was about whether Conrad Sweeney’s remarks constituted actionable slander toward Daniel Pike—but it ended up being about much more. It ended up being about finding the truth, finding justice, and righting wrongs that had been festering for far too long.”

  She paused a moment, allowing the jury to reflect on what she said. “Maybe it’s just me, but I think the slander part of this case is relatively easy. Sweeney said that my client was a criminal, that his father was a criminal, and that they both were associated with organized crime. I know Sweeney wants to mince words and quibble, but that’s what he said and we all heard it. Dan has never committed a criminal offense and has never been in league with organized crime. In fact, he’s helped stopped a major cartel. Therefore, Sweeney’s statements were false, and the only question for this jury is to determine what a fair amount would be to compensate Dan for the obvious damage to his reputation.”

  She stood on one side of the jury box, which Dan noticed allowed the jury a clear view of him. Probably good strategy, but it certainly kept him in focus. He had to sit up straight, try to look respectable, and not react to anything she said.

  “Let’s start with Dan’s father. He was convicted of murder. True. And although my opponents will undoubtedly attempt to throw shade on the testimony of Dan’s sister, let me remind you that her testimony is completely undisputed. So did Dan’s father fire that gun? Looks that way. Was a he a criminal or a crusader?” She drew in her breath. “You decide.”

  Another pause for reflection. “The more important factor, I think, is whether the defendant slandered my client, Dan, because he’s the one in the courtroom bringing this lawsuit. Have they brought any evidence that he is a criminal? None whatsoever. Lots of mudslinging, but no concrete proof of anything. Has Dan ever been accused? Sure. And he’s been exonerated each and every time. And no one has ever associated him with organized crime. To the contrary, he recently fronted a police sting operation that captured several cartel members and shut down an organ-smuggling ring. And they want to call this man a criminal? I wish we had more people like him. The world would be a much safer place.”

  She leaned against the rail, her head looking down reflectively. “I must make some brief mention of the testimony of Camila Pérez. But I think you already know what I’m going to say. This is the testimony of an ex-girlfriend, one who pled guilty to a heinous crime. She’s angry and she wants vengeance, but that’s no reason to believe a single word she says. Why would Dan give her information about a hitman? Dan was the one who turned her in. If he’d been involved, that act would’ve incriminated him. But it didn’t, and this is important, because at the time of her arrest and while her case was pending, never once did Camila suggest that she got any information from Dan. That allegation arose for the first time in this courtroom. The bitter lies of an angry woman. And convicted criminal.”

  She smiled a bit. “Speaking of vengeance, I should mention Sweeney’s counterclaims against Dan, his attempts to punish Dan for speaking the truth. When you’re in the jury deliberation room, please listen to the recording. Read the transcript. What did Dan say that isn’t true? Sweeney has been financially involved with people linked to the cartel. In the Valdez case. And the Pérez case. And more.”

  She was forbidden to mention the porn-streaming sites the police had found in the basement of the Sweeney women’s shelters, but it had been plastered all over the news and she felt certain at least a few of the jurors knew about it. They had been instructed to avoid coverage of this case, but that didn’t mean they completely ignored all news. Sweeney’s reputation had been seriously tarnished, despite his disavowals of any knowledge of the porn operation.

  “Let me say one last thing,” Maria said, “and I’ll leave it at that. It is impossible to impugn the dignity of a man who has none. It is impossible to besmirch the reputation of a man who deserves none. Of someone who hides behind a veneer of charity and smiles while profiting in the most disgusting ways imaginable. Calling out activity like that is not slander. It’s a public service.”

  She took a few steps back. “I know you have much to think about, so I’ll let you get to it. But please remember this one thing. There is a reason why civil suits exist. It is not for retribution, or rehabilitation, or so people can have the non-existent pleasure of duking it out in public. Ultimately, civil courts exist for the same reason as criminal courts. To see that justice is done. So that’s all I ask of you. Let justice be done.”

  Maria turned and retook her seat, but barely a second later Caldwell was on her feet doing her best to shatter the mood. “I’ll be honest with you. I can’t believe we’re still here. This case should have been dismissed a long time ago. Because there is no doubt about anything. There are barely any disputed facts. This is the clearest case of slander I have seen in my professional life, and I’ve seen a lot. I’m not just saying that. I mean it.”

  She took a breath, visibly trying to chill, then started back in. “Did Daniel Pike slander Conrad Sweeney? Unquestionably. You heard what he said. How could that not be slander? Was there any basis in fact? Did they prove my client was involved in any criminal activity whatsoever? No. Did they prove Pike’s father wasn’t a criminal? No. They pulled a rabbit out of a hat, producing an alleged sister no one had ever heard of, a woman who has lived on the streets, sold her body for money, and riddled her brain with so many drugs that she is...probably very susceptible to suggestion. Can you trust anything she said?” Caldwell shook her head. “I wouldn’t. You have an eyewitness who saw Pike’s father execute a fellow officer. There is no excuse for murder. Leave it at that.

  “I notice opposing counsel skirted over the details of her clients involvement with criminal activities. He has repeatedly represented and set free dangerous criminals. He has repeatedly had inside information about cartel activities. Isn’t it ironic that they accuse my blameless client of the same thing? My client has a history of public service going back decades. That’s not a façade, that’s a fact. Pike was involved in one raid—which ultimately resulted in a courtroom shooting—and we’re supposed to forget about his decades of criminal associations? I don’t think so. My opponent wants you to ignore the testimony of our former mayor, but why would you? None of it was ever disputed. She’s the only person in a position to know what occurred between them. Think about this logically—who is more likely to have information about paid assassins? The mayor? Or a man who has spent his entire adult life protecting murderers and gang leaders?”

  She took a step closer, leaning into the rail. “Let me leave you with one last thought. Conrad Sweeney has not only been slandered—he has been damaged. He has suffered injury to his reputation which has affected his business. Even if you somehow thought Pike had been slandered, what has he lost? What damage can you do to the reputation of a career criminal confederate? None. But my client has lost millions in the wake of Daniel Pike’s remarks, a public confrontation Pike sought and staged.”

  She pressed her hands together. “So let me make this easy for you. Dr. Sweeney has been slandered. Dr. Sweeney has lost millions because of it. And Daniel Pike has the means to make him whole again. They want justice? Good. Let’s have justice. Let’s have justice for the most prominent, most beloved philanthropist in the city of St. Petersburg.”

  * * *

  Dan and Maria sat in the hallway outside the courtroom while they waited for the jury to return. Jimmy arrived with sandwiches—grilled cheese for Maria, peanut butter and jelly for the rest. Garrett conferenced with Jake Kakazu and brought back the latest information.

  “The police have found video-porn operations like the one you trashed in every sin
gle one of the Sweeney shelters. And get this—in some cases, the women performing for the cameras first arrived seeking shelter from an abusive partner or parent.”

  Jimmy laid down his sandwich. “Okay, now I’m not hungry.”

  “Do you think they’ll bring charges?” Maria asked.

  “Eventually. The question is—against whom? Sweeney claims he knew nothing about it.”

  “He built those buildings!”

  “But he doesn’t actually own them. He just helped raise the funds to build them.”

  “And now we know why,” Dan muttered.

  “Someone had to know,” Maria said.

  “Agreed. But proving who did and who didn’t is going to be tricky. Jake is determined to bring charges. He just needs more evidence.”

  “It had to be Sweeney,” Dan said. “He authorized the blueprints. He needed the money.”

  “But Sweeney always uses minions to do his dirty work,” Garrett said. “Even if he was behind it, they might never be able to trace anything back to him.”

  “So he just gets away with it? Again?” Dan clenched his fists. “I don’t think I can stand it. Not again. Not one more time.”

  Jimmy changed the subject. “On a happier note, Dan, while you were in court today, I tricked out the empty office upstairs and turned it into a cozy little bedroom. Dinah chose the linens. I think she really likes it.”

  Dan tried to calm down. “I offered to let her stay with me.”

  “On your boat? Give me a break. You don’t have room for a pet hamster, much less an adult woman.”

  “I suppose.” He paused a moment. “You really think she liked it?”

  “I know she did. She bought towels with a beach pattern. A bedspread that has waves crashing against the shore. Also got her a swimsuit.” He coughed. “She says she’s never had one before.”

  Dan felt his eyes twitching. “She...likes the water?”

  Jimmy smiled. “Of course she does. She’s your sister.”

  Dan turned so no one could see his face. “Probably be a damn fine kite-surfer.”

  Maria laid her hand on his shoulder. “No doubt about it.”

  Jimmy checked his watch. “Anyone care to guess how much longer the jury will take?”

  Maria shook her head. “Juries are unpredictable. But I bet it happens tonight. Judge Fernandez says he’s keeping the jury here till they decide. He’s so sick of this case it’s palpable. Even if there’s a holdout on the jury, they’ll cave eventually. They get hungry. They want to get home to watch their favorite show. They join the majority.”

  “And what do you think that majority vote will be?”

  “Only fools make predictions about juries. And my daddy didn’t raise any fools.”

  Jimmy nodded. “By the way, I thought you closing was dynamite. Dead on. Perfect.”

  “Thanks. But Caldwell’s closing was smart. Deceptive. But smart. And Sweeney has lost millions. If the jury finds in his favor...”

  Dan finished the sentence. “They could render a judgment against me in the millions. I could be bankrupted—just when I have a sister who needs me. He could try to collect from all of you, since you’re my partners. It could wipe out our entire firm. Even Mr. K.” He looked up. “You were right, Garrett. In my quest for truth, I may have doomed everyone I know.” He paused. “And love.”

  Jimmy took a deep breath, then shrugged. “I’m ok with that.”

  Dan blinked. “What?”

  “Me too,” Garrett echoed.

  “What are you saying?”

  “What we’re saying,” Maria explained, “is that you’re our friend, and we stand with you, no matter what.” She smiled. “Hell, it was worth it just to see the expression on Sweeney’s face when you called him an acid-spitting toad.”

  “That was good,” Jimmy agreed. They all laughed. Then fell silent.

  “Of course,” Jimmy said, “given my preference, I’d probably prefer not to be penniless.”

  The ensuing combination of laughter and tears bordered on the hysterical.

  Chapter 37

  Dan’s phone told him it was almost eight when he finally got the text. The jury was returning.

  “Last chance to make predictions,” he murmured to Maria as they took their seats at the plaintiff’s table.

  “No fools, remember?”

  “Maybe a sporting proposition?”

  “Let’s wait and see if we have any money when this is over.”

  The opposing parties filed into the courtroom. Sweeney was still present, surprisingly. Dan expected him to leave as soon as the jury was dismissed, but he re-entered wearing a smug, confident grin that begged to be slapped off.

  The judge called the court back into session. A few moments later, the bailiff brought the jury back.

  He noticed, as they returned, that they looked the other way, didn’t make eye contact with him. There was no grinning or winking. Of course, there could be many explanations for the poker face. Everyone liked having a secret, and right now, for at least a few more moments, they had a good one.

  “Have you reached a verdict?”

  A middle-aged stout woman in the back row rose. “We have, your honor.” She held up the verdict form the judge had sent into the jury room.

  The bailiff picked up the form and carried it to the judge. The judge looked it over, presumably checking for technical deficiencies. As far as Dan was concerned, it was a power play. The judge wanted to know before anyone else did. And damned if he didn’t maintain the same inscrutable poker face.

  He passed the form back to the bailiff, who carried it to the forewoman, who would announce the verdict.

  “On the plaintiff’s claim against the defendant for slander in violation contrary to the laws of the state of Florida, we find for the defendant.”

  Dan felt his stomach drop. They found for Sweeney? Sweeney?

  He felt Maria’s hand cover his. Stay calm, she was saying. Stay calm.

  Did she think he would explode? More likely he would cry. This was his fault. He hadn’t proved his case. He didn’t prove damages and the jury probably didn’t think Sweeney’s comments were bad enough to amount to much. In some cynical minds, the difference between a criminal lawyer and a criminal just weren’t that great.

  Sweeney was still grinning, and it had spread to his two lawyers.

  “And on the defendant’s counterclaim for slander?” the judge asked.

  The forewoman nodded. “On the defendant’s counterclaim against the plaintiff for slander, we find in favor of the defendant.”

  Oh my God. Oh my God. It was actually happening. His worst nightmare. Sweeney won. They bought his bull. They were going to give him everything he wanted.

  He had taken on the most powerful man in the city and come up short. And now not only was he going to pay, but his sister, and his firm, and everyone he cared about in the entire world would pay too.

  At the other table, Sweeney was leering. Sneering. That’s what you get when you take me on, he was saying nonverbally.

  The judge cleared his throat. “Did the jury make a determination on the subject of damages to be awarded to the defendant?”

  “We did, your honor.” The forewoman glanced down at her paper. “On the counterclaim for slander, the jury finds that the defendant should be awarded the amount...of one cent.”

  Dan’s lips parted. Did he hear that right?

  “Is there anything further?”

  The forewoman shook her head.

  “Very well. I want to thank the jury for its service during this long and complex trial. You have performed your civic duty...”

  He continued to talk, but Dan didn’t hear much of it.

  One cent? A penny?

  In other words, the jury was saying that, yes, technically Dan had slandered Sweeney. He had picked a fight that didn’t need to be fought. But they didn’t much care. And they thought the damage to Sweeney’s reputation amounted to...a penny.

  When the judg
e finished and dismissed the court, Dan and Maria rose.

  “I consider this a win,” Maria said.

  “I don’t,” Dan replied. “But I’m grateful that I haven’t destroyed everyone I know.”

  The party at the other table packed up their belongings. Caldwell and Drake didn’t look happy. They had probably run up two or three hundred thousand bucks in legal fees—and managed to recover one cent as a result.

  Dan crossed over to their table.

  Caldwell cut him off before he could speak. “Don’t gloat. It’s so unprofessional.”

  He shook his head, then leaned forward toward Sweeney.

  “And,” Caldwell added, “don’t initiate another lawsuit.”

  Dan ignored her. “We’re not done, Sweeney. Once this verdict hits the news, your reputation will be finished. Once the police finish their investigation of your sleazy porn operation, you’ll be in prison.”

  Sweeney chuckled. “You are so naïve. Do you think I don’t know about Detective Kakazu’s little investigation? He can’t hurt me. I have more friends in the police department than he does.”

  “This is too big to be swept under the rug. The public will demand that the cops press charges.”

  “Oh, I agree with that.” Sweeney grinned gleefully. “But who exactly will be charged? You were on the premises, not me. And you trashed the place like a crazy man. We have the video from a security camera. You picked a lock, broke in like you owned the place, treated the equipment like it was your own, and addressed one of the women by her first name. Seems like you knew all about it before you got there.”

  You’ll never make that stick.”

  He looked away. “You’re full of bluster.” Sweeney was trying to assert his usual cool insouciance, but Dan could sense he was having trouble holding it together. “But not so great with the delivery.”