“Judge, I’m not sure I understand.”
“Yes, I think you do. You’re playing hide the ball, Mr. Haller. I counted forty-eight witnesses on your list. Forty-eight, including the name you added this morning after the deadline.”
“Yes, Your Honor.”
“Mr. Haller, I know that you will not be putting forty-eight witnesses on the stand. You are hiding your trees in the forest, and we don’t have time for your games in federal court.”
“Your Honor, I—”
“Don’t interrupt me, sir. I am now going to retreat to my chambers to make a phone call. I will be back in twelve minutes. That’s how long you have to cut this list to a true and accurate accounting of witnesses you intend to call to the witness stand.”
“Judge, I intend to call them all.”
“Don’t kid me, Mr. Haller. And don’t try my patience.”
“I’m not trying to do either, Your Honor.”
“Very well, then. I am putting you on notice that you will be fined one thousand dollars for each person on this list who is not called as a witness during the presentation of your case.”
“Judge, that’s not—I intend, as of right now, to call them all, but strategies can change midcourse in a trial. I am sure the court understands this. I remember when Your Honor was a practicing—”
“Whatyouhave to understand, Mr. Haller, is that I am not going to allow you to waste the court’s time. Twelve minutes. We are adjourned.”
Ruhlin left the bench and went through the door that led to her chambers. This time I unmistakably heard the snicker from the Masons’ table. I ignored it as I went back to my table, opened my briefcase, and took out my laptop. I pulled up the witness list that had beensubmitted to the court and amended with the name Naomi Kitchens. The reality was that the judge had nailed me, but I wouldn’t admit it on the record. The list was stocked with people I could call, but their testimony would be repetitive of other witnesses. For example, I didn’t have to call both detectives assigned to the murder of Rebecca Randolph, since they would essentially tell the jury the same thing. Same with the coders who worked on Project Clair. The list had been designed to keep the Masons guessing and busy running down my witnesses for depos and background checks. That way they’d presumably be distracted from their own case.
“Mickey, are we in trouble?” Brenda asked.
I looked over at her. Both she and Trisha had looks of concern on their faces.
“No, we’re fine,” I said. “The judge is just flexing her muscles so we know who’s in charge. That’s all. I was going to cut my list down on Monday anyway.”
I went to work on the list. On my first go-through, I quickly and easily deleted nine names. I wondered if that would satisfy the judge but decided I had to cut more. I checked the time, saw I still had six minutes, and went back to work. After one more thinning of the herd, I sent the new list to the clerk for submission to the judge and the defense team. Ruhlin returned to the bench promptly at the twelve-minute mark, carrying a printout of the new witness list.
“Mr. Haller, I appreciate your effort to cull your list,” she said. “I still believe that twenty-three names is excessive, but we will see how many survive challenges from the defense. Misters Mason, I believe you have the new list. Do you object to any of these witnesses?”
Mitchell Mason stood and went to the lectern. I was surprised it wasn’t Marcus taking the reins. The witness list was the backbone of the case.
“Your Honor, where do I begin?” Mitchell said. “I mean, even at twenty-three names, this list is—”
“Do you have an objection to a specific name, Mr. Mason?” the judge interrupted.
“To many of them, Judge.”
“Then what do you say we just start with one of them? We have a jury pool waiting to come into court for voir dire. Let’s not keep them waiting too long.”
“Yes, Your Honor. The defense objects first and foremost to Naomi Kitchens.”
“State your grounds.”
Before beginning, Mitchell glanced over at his brother sitting at the defendant’s table.
“Thank you, Your Honor,” Mitchell said. “Ms. Kitchens is a former employee of Tidalwaiv who was dismissed for performance issues and whose record of hostility toward the company renders her testimony unreliable. But, Your Honor, all of that is moot because Ms. Kitchens signed an ironclad nondisclosure agreement that prevents her from discussing anything she did or observed while in the employ of Tidalwaiv. She simply can’t be allowed to testify. Last, counsel for the defense is out-and-out sand—”
“Counsel for the defense?” Ruhlin asked.
“Apologies, Your Honor,” Mitchell said. “Counsel for the plaintiffs. I guess I’m used to Mr. Haller defending criminals.”
Yeah, right—as if he hadn’t been waiting for the right moment to make that “mistake.” I objected, just to knock Mitchell out of rhythm. The judge overruled.
