Guilty As Charged

19 December

I came in early. Six AM early. This was not something I was used to and not up my alley by any stretch of the imagination. What was Hilly thinking asking me to do this? I know she'd said to be at the office at seven and we'd head over at about seven-thirty; but I was about to blow a gasket. I only hoped I'd dressed right to at least come across as half way knowing what I was doing. Even if I didn't. And that would show up fairly quickly once everyone settled in and it all started. For now there was really nothing else for me to do but wait. I made a cup of tea, grabbed my attaché, headed down the hall and stood outside her office door like the idiot I was feeling about now.

As I waited Jess arrived early too. I was becoming impatient as Hilly wasn't here yet and yelled down at him.

"What are you doing here this early?"

"It's Monday, lots to do."

"So you think I'm paying you overtime?"

"I'm on salary, Diane. And you won't be here today, gives me twice the work."

"Oh, right."

I turned back as he went into our office and I continued my vigil. I rechecked my watch, it was five after seven.

Diane was pacing when I reached her at my office door. 

"You're late!"

"Good Morning to you too, Mary Sunshine."

"You did say seven!"

"Di, I'm telling you this is no big deal."

I could tell there was no reassuring her at this point. Once I went over the procedure with Diane I was sure she'd calm down. Really, the burden was on me. All she had to do was hand me the files I requested. Inside the office I had Diane settle herself in the conference room while I went to get the file.

"Okay, here's the procedure. Maggie has already marked all the individual files that contain the evidence and they're all here in this expandable folder. When I ask for say... "memos", you hand me the file marked, "memos." I also have a power point slide. I'll have that all set to go when we get to court. All you'll need to do is click on it, when I tell you. See, piece of cake."

"If you say so."

"Just look through the files to get familiar. I want to give my client a quick call to make sure she's set. She's going to meet us there. We can go over any questions you have on the way over."

Diane just nodded, but she didn't look any more at ease. There seemed to be more on her mind than just playing my assistant. Maybe yesterday's juvenile fisticuffs between Jack and Colin was bothering her, although by the time they'd left I did not detect any animosity on Diane's part toward Colin. In fact, she jokingly offered to lend him her makeup. Could be just Eastbourne business. There was still so much to do and arrange. The call to my client was short and sweet. She was ready, more than ready, to have her day in court. I really liked this woman. I had offered to take her case for free, she'd refused. But that was Rosalie Harper, she wanted no handouts, no special treatment, just to make a living so that she could support her three young children. Rosalie was left a widow in her thirties when her husband dropped dead on their front lawn from a brain aneurysm. In an instant, her life changed from being a stay-at-home mom to the sole breadwinner for the family. Instead of feeling sorry for herself and cursing fate she went out and got herself a job as a administrative assistant in an investment firm. She worked all day and took classes at night to get all the certificates and licensing required to become an investment counselor. Within a year she became the leading counselor in her branch; outselling all the other male counselors and that's when the trouble started. I had no doubt the cause was wounded male pride, but the effect was harassment. In a short period of time, innuendos were replaced with blatant statements. The principal offender was the brother-in-law of the HR director and after they'd swept the entire matter under the rug she came to me. 

By the time we arrived at the courthouse Diane had started to relax, which was good. Since we initiated the lawsuit, I was up at bat first. I had Rosalie's chief tormentor on the stand and was beginning my direct examination when I heard the doors to the courtroom open. It never fails and I don't know why, but every courtroom I have ever been in those doors squeak. When I turned around my heart lurched. What in the hell was Colin doing here and why was he dressed to the nines? He was wearing a navy double-breasted suit, that had to be Armani, crisp white shirt, tucked in I might add, with a red and blue stripped tie, but that was, as always... askew. If he intended on replacing Diane as my second chair he certainly had dressed the part. That was, until he removed his sunglasses. Jack's handiwork had turned a lovely shade of purple. I turned back and addressed the Judge; I needed a moment here.

"Your Honor, may I request a short recess?"

"Two minutes, Mrs. Crafton."

I shot a glance Diane's way. She had that "deer in the headlights" look about her. Well, that confirmed that she was unaware of Colin's little visit this morning. On my way to meet Colin in the back of the courtroom my opposing counsel wasted no time in getting in a shot at me. 

"Next client, Hilary?"

"Shut up, Mark."

Colin looked so happy to see me. I wished I could have said the same. He had the biggest grin on his face as I whispered through clenched teeth.

"What are you doing here?"

"Thought I'd see you in action."

"I am working here, Colin. Have I ever come to your set uninvited?"

"You're angry?"

I turned back and saw the Judge leaning back in his chair, drumming his fingers on the bench. My two minutes were ticking away.

"Look, just go and sit behind Diane in the spectator's section."

"What about the chair next to her?"

"That's mine! And don't distract her! She's helping me."

I had no clue, not even an inkling he was coming here today and due to, I imagine, my frazzled state of mind and disorientated feelings about getting all this right I had missed his entry, his existence, his presence in the same area I was. That's how totally discombobulated I was. I was so far out of my league and I didn't want to fuck up anything for Hilly. She'd placed a great deal of faith in my ability to sit here and hand her pages but I was, honestly, petrified.

Colin situated himself as I instructed. Although he managed to give Diane's shoulders a quick squeeze and she waved weakly at him. I stood in front of her and hoped she had pulled it together. That Colin's surprise visit had not rattled her beyond coping.

When I finally, ok it wasn't that long, realized he was here, then he sat right behind me; it was the end of any command I had on clarity and efficiency. And that had been questionable from the start of the day. Then he put his hands on my shoulders and it got worse. I lost track of where Hilly was. I mixed up what we had already gone through with what she still needed. The sticky notes had fallen off of some of the pages and I was just shuffling a huge mess into one pile now.

"Di... email."

Nothing. I snapped my fingers at her and that seemed to break the spell as she slapped the file into my hand.

"Ready to continue, Mrs. Crafton?"

"Yes, your Honor, and thank you for the indulgence."

"Just get on with it."

I turned my attentions back to my witness. I really wanted to nail this slimy bastard to the wall. He looked so smug. Like it was his right to make Rosalie's life a nightmare because she had the nerve to challenge the status quo. Well, all that was going to change... now!

"Mr. Gilbert, you have repeatedly denied sending offensive emails to my client. Correct?"

"Yup."

"I have here Plaintiff's Exhibit 1. My expert witness has stipulated that this email originated from your PC."

"So?! It's not me, anyone coulda messed with my PC."

"I see! So what you are saying is that you have no personal knowledge of this email?"

"That's what I'm saying."

"Well let's just see about that."

I turned back to Diane and nodded my head for her to click the mouse. Again, it took a snap of my fingers for her to respond. I had arranged for an overhead screen for the PowerPoint slide. It was a copy of the email in question and when I was through, no further questions would remain. There was a collective gasp when the screen displayed, for the entire courtroom to see, a magnified copy of the email and Mr. Gilbert's penis, well... alleged penis, prominently pictured in the body of the email.  Colin could not contain himself and I heard him laugh out loud. I sent a furtive wink in his direction and caught his discrete thumbs-up. Opposing counsel was on his feet in a flash. Sputtering and stuttering his objections to my exhibit.

"This is highly irregular, Your Honor. I have no idea what Mrs. Crafton wishes to gain by this offensive tactic."

"For once and for all, to put an end to any speculation on Mr. Gilbert's guilt or innocence. As you can see, Your Honor, there is a distinctive mole right below the navel. Now, if Mr. Gilbert will just remove his pants, we can determine..."

"Your Honor... this is... outrageous!"

"If Mr. Gilbert prefers, we can perform this test in your chambers, or I can subpoena his wife for confirmation. I know I'd be able to have her appear after lunch."

Mr. Gilbert was now sweating on the stand. He had loosened his tie, his face was bright red and his eyes were wild. The Judge turned in his direction and I saw the smallest of smiles cross his face before he addressed the wreckage before him.

"Sir, you have been give a choice by Plaintiff's counsel. What shall it be?"

"I... I think I'm going to be sick."

"That's not one of the choices, sir."

"Okay... okay! It's me. It was just a joke. And that bitch..."

"Mr. Gilbert, watch your language in my courtroom!"

It was over. My opposing counsel knew it as he slumped in his seat and had his head in his hands. I couldn't contain the huge smile on my face as I addressed the Judge.

"I'm through with this witness, Your Honor, and Plaintiff rests."

Whatever strategy the defendant and his attorney may have had was now useless. There was nothing left to do but send the jury off to deliberate the size of my client's award. My grateful client gave me a hug and went off to phone her family. She had begged off joining us for lunch, so that just left Colin, Diane and myself as we headed over to Little City. This restaurant was close to the courthouse and I would be able to get back quickly when the jury made their decision. We found a nice table and were studying the menu. When our drinks had arrived Colin raised his glass in my direction.

"Brilliant Hilary. Although I'd expect nothing less."

"Thanks, Colin."

I was still trying to recover. I felt I had fucked up royally. Yet, in spite of me, Hilly had not missed a beat in her presentation and questioning. I was grateful for that. After my little display of ineptness and Colin's appearance I wanted to eat, but it was not a day for my favorite 'world's greatest cheeseburger'; that I got almost every time we came here. I didn't really need the menu, so handed it to Joan. Yes, we knew the wait staff.

"Just a chicken Caesar salad today, thanks."

"No cheesey?"

"No, not up for it."

Hilly hardly needed to check the list either, but Colin had been studying it intently; then abruptly stopped and handed his over to Joan.

"I'll have the same."

Hilly almost choked on her water.

"A salad? You're ordering a salad?"

"Is this a problem Hilary?"

"Colin, in all the time I've known you, you have never ordered a salad."

She looked at me for confirmation to her observation. I could only nod my head.

"Well, today I am."

"Will that be Cesar, vinaigrette or house dressing?"

He peered at me, then Hilly, for his choice. He didn't know, did he? I put my glass down.

"Give us both Cesar, Joan."

He loosed his tie some and sat back.

"So what happens now?"

"Just waiting on the jury. They decide how much money to award."

"So then you're through? You don't need Diane anymore?"

"Well... yes."

"Let's go then."

With that he took hold of Diane's arm. She had no choice but to go and gave me a sort of 'please help me' look as he gently, but firmly, led her out of the restaurant and left me sitting in stunned silence.