There was only one week left until the trial started. After the incident driving home, nothing else had happened, and Kate tried to let her trial prep consume her.
Ever since that night, though, Landon had been hyperfocused. He took what happened as a failure on his part, and she thought it was all tied to what had happened to him in Iraq. Even though the stakes weren’t the same, it had reopened a deep wound.
She knew she shouldn’t take it personally, but how could she not? She’d opened up to him, making herself vulnerable, and then he shut her out.
It reminded her why she was still single, so she didn’t have to deal with the roller coaster of emotions. After losing her parents, it hurt to develop feelings for someone and then lose them too. Being alone had always been the safest route. The loneliness was a factor, but it had been outweighed by the fear of loss or rejection.
But her top concern now was winning this case. Her office was abuzz with activity, and she’d been working tirelessly on her opening statement. Practicing it over and over in her office. Unlike direct and cross-examinations, where you could adapt as needed or even do it on the fly, an opening statement had to be rehearsed.
Today was an important dry run. They’d assembled a team of attorneys to serve as mock jurors. The group contained a mix of experience levels, because she liked to have various viewpoints. Given how opinionated most lawyers were, she had no doubt the team would take their job seriously and provide key feedback. Kate only had one week left to get everything perfect. Mrs. Wyman deserved no less. She deserved justice.
Kate had to be the face and the advocate on the front line for her client, and this case was so much bigger than just one case. It would dictate the trajectory of the entire litigation. Thousands of other people’s lives would be impacted here.
Lord, give me the words to reach the jury.
A knock on the door broke her out of her prayer time.
“We’re ready in the conference room for you,” Adam said.
She smiled at him. “You got your part down, playing Ethan Black?”
Adam laughed. “In a weird way, it’s kind of fun. It’s a challenge to come up with what we think their best arguments are.”
She grabbed her file and undocked her laptop to take with her. “That’s why I wanted you to do it. I knew you wouldn’t hold back. We can’t afford to take the easy road here. These mock opening statements need to be just like the real ones.”
“I’ll do my best.”
She patted him on the shoulder. “I can’t thank you enough for all you’ve done for me.”
They walked down the hallway and entered the large litigation conference room, which was permanently set up for mock trials. A long counsel’s table was positioned on each side of the room with a podium in the middle. The judge’s area was up front in an elevated box, just like in a courtroom. To the side was the jury section with twelve seats. A large screen dropped down from the ceiling so they could project their opening slides.
Adrenaline coursed through Kate’s veins as she realized that this was really going to happen. One week from now, she’d be standing in the real courtroom, delivering her opening statement.
But there she’d have a huge audience and a security team. Landon and his guys were locked down at K&R Security’s office today, planning the trial and courtroom security strategy. It eased her nerves not to have him in the room watching and also knowing that he was coming up with a bulletproof plan to keep her safe during trial.
She opened her laptop, and one of the tech guys came over to set up her PowerPoint presentation, since she’d be going first. She took a step back so he could do his thing and saw Phil Gentry, the associate Bonnie had kicked off her team, walking toward her.
“Phil,” she said, “are you going to watch?”
He crossed his arms. “After what I tell you, I don’t think I’ll be welcome here.”
“What is it?”
He looked down and shuffled his feet before making eye contact with her. “I’m here to apologize.”
“For what?”
“I’m the person who messed with your files.”
A mix of disappointment and relief flooded through her. “You? Why?”
“I was so angry with Bonnie for kicking me off the team and embarrassing me in front of everyone. Then one of the other associates dared me to take those files from the war room. After I did it once and didn’t see any reaction from you or Bonnie, I did more to try to get a reaction.”
She tried to keep her emotions in check. In the grand scheme of things, this wouldn’t take down her case, but it was still a big issue. “You realize how serious this is, right?”
He nodded. “I know it was wrong. And I figured you’d find out eventually, so I wanted to tell you what happened and why I did it.”
“You hurt the client by doing this, not me or Bonnie.”
“I understand that now. It was a stupid move. That’s another reason I wanted to tell you. The guilt has been eating away at me.”
She almost felt sorry for him. These young lawyers were under a lot of pressure, and sometimes they did stupid things. He was only twenty-five years old, fresh out of law school. “You did the right thing by telling me, but unfortunately, there has to be some repercussion for this. I’ll discuss it with the managing committee, and we’ll come to a determination.”
“I figured as much. I really don’t want to lose this job, though. I know I was an idiot, but if you believe in second chances at all, I hope you’ll plead my case.”
“I do very much believe in second chances, but actions also have consequences. I can’t do anything about it right now. Why don’t you stick around and watch? When I know more, we’ll talk again.”
“I appreciate you not firing me on the spot. I know you have the power to do that.”
He was right. She could unilaterally make that decision, but that wasn’t her style. “Go take a seat.”
It took a weight off her shoulders knowing that he was responsible for the sabotage. And even more importantly, that no one on her team was trying to betray her.
She didn’t like loose ends, and now she could turn her full attention to the task at hand.
“All right, everyone,” Bonnie said. “Please take your seats so we can get started.”
Bonnie had volunteered to play Judge Freeman, and the authoritarian role suited her well. She was even wearing a black judge’s robe.
“Ms. Sullivan, are you ready to proceed with your opening statement?” Bonnie asked.
“Yes, Your Honor.” Kate rose from her chair and walked over to stand directly in front of the mock jury. She no longer looked at these people as her colleagues, but as members of a jury who could render justice for her client.
“Ladies and gentleman, we met this morning for jury selection, but as a reminder, I’m Kate Sullivan, and I represent the plaintiff in this case against Mason Pharmaceutical Corporation. The plaintiff is the estate of Melinda Wyman, represented here today by Mrs. Nancy Wyman, the mother of Melinda Wyman. At the tender age of sixteen, Melinda died as a result of a brain tumor. The evidence will show that Melinda developed the brain tumor as a direct result of taking the medication Celix. The defendant, Mason Pharmaceutical Corporation, otherwise known as MPC, manufactures Celix. Melinda was a healthy and happy sixteen-year-old girl, but she did suffer from painful migraine headaches. Her family doctor prescribed Celix—a new drug put on the market by MPC that is specifically targeted for migraine headaches.”
She took a breath and let her initial words sink in. She wanted to make sure the mock jury was following her. A few of them were already taking copious notes.
“This isn’t just a tragic story. This story was completely avoidable, if not for the greed of MPC.” She’d practiced this opening statement a million times, but saying the words—even in a mock setting—pulled at her heartstrings. But she had to keep it together. It was good that they were having this practice experience. When she did the real thing, she’d know to be prepared for the flood of emotions.
“The evidence will show that MPC knew Celix, the drug they created, could cause brain tumors. The evidence will also show that they failed to warn about the side effects and even conspired to hide the truth. You will be presented with the facts during this trial.”
She clicked to the first major slide of her presentation. “MPC destroyed or wrongfully withheld documents in this litigation.” Normally she couldn’t get away with this type of accusation, but after the shenanigans that Ethan had pulled, the judge would let her go pretty far.
“Judge Freeman will provide you with instructions on this matter, but know that MPC wanted to obscure the truth and did try to hide the facts. In our litigation process, we have a stage called discovery, where each side exchanges documents that pertain to the case. In this litigation, MPC purposely and with full knowledge did not provide the plaintiff with relevant documents.”
Just as she hoped, her fellow attorneys were fully embracing their roles on the jury. A few of them looked horrified, while one raised an eyebrow and appeared to be skeptical of her claim.
“Ladies and gentleman, this isn’t an exaggeration. You’ll hear evidence during the trial about how this happened. And it means you might not see every piece of evidence that existed, because it likely could have been destroyed by MPC. But I contend that the evidence will still show that MPC knew Celix would cause brain tumors. Now why would MPC do this? Because they stood to make billions. Yes, that’s billions with a b. But unfortunately, it goes even further.”
Now was the time to reveal the kicker. “The evidence will show that MPC developed another drug called Acreda, and they were willing to put Celix on the market because Acreda is used to treat tumors. To MPC, it was a win-win. Make money on Celix and Acreda. But Acreda took longer to get to market than they expected, and it still isn’t out yet.”
This might be stretching the hard evidence a bit, but she was confident that once she had witnesses on the stand, she’d be able to prove this. She hadn’t had the smoking gun documents when she had deposed Royce. But she felt confident that during the trial, she’d be able to break him and his fellow executives down when they were face-to-face with the jury.
She took a moment to survey the mock jury again. All twelve of them were focused on her. “I know this may sound like an outlandish story, but it just demonstrates how far one company was willing to go to increase its profits and break into a previously untapped segment of the market.”
She needed to get to the legal elements, but first she wanted to play up the human element of this case.
“While MPC took nefarious actions to make more money, innocent people like Melinda Wyman lost their lives. Mrs. Wyman, already a widow, has now lost her only child because of the greed and corruption of MPC.” She paused to swallow. She’d done countless opening statements in her life, but never had she been so affected by the magnitude of the situation.
“To boil it down, this is a case about MPC putting profit over the safety of the consumer. But as the plaintiff in this litigation, there are certain legal elements that have to be shown to find the defendant, MPC, liable. First, MPC had a duty to warn the general public and medical professionals of the dangerous side effects of Celix. MPC knew that Celix was unreasonably dangerous when they put it on the market. Second, MPC’s failure to warn was a breach of its duty of reasonable care and safety to the decedent, Melinda Wyman. Third, MPC knew that using Celix could lead to brain tumors that could result in death. Fourth, MPC’s actions directly caused Melinda’s injury and death. During this trial, evidence will be presented on each of these elements. And at the end of the trial, after you have heard all of the evidence, I will ask this jury to return a verdict in favor of my client.”
It was time to wrap up.
“But putting aside all of the technical legal requirements, I want to make one final point. This case isn’t about a nameless victim. It’s about a real person. A girl whose life was taken. It’s about a mother who no longer has a daughter. Actions have consequences, and MPC must face the consequences of their actions. The choices they made as a company robbed Mrs. Wyman of her daughter. No amount of money will ever bring her back. But a verdict in favor of my client will force MPC to be held accountable so that another mother like my client won’t have to face losing her child for the sake of profit. Thank you for your time and attention today.”
She walked back to her counsel’s table and took a seat. She’d done her job. Now it was Adam’s turn as the defense lawyer to attempt to change the narrative. He would literally be playing the role of Ethan. They wanted to make this as realistic as possible.
“Ladies and gentleman, again, I’m Ethan Black, and I represent Mason Pharmaceutical Corporation, or MPC. Ms. Sullivan’s opening statement no doubt has you scratching your head. She paints a pretty heinous picture of MPC and the actions they’ve taken. But I would urge you to take your duty as a juror seriously and not form your opinion until you’ve heard all the facts. Let me start with some facts that Ms. Sullivan failed to mention. MPC has produced multiple lifesaving drugs—drugs that literally have changed people’s lives. Drugs that have cured illnesses and stopped pain. Ms. Sullivan would have you believe that all MPC cares about is the bottom line, but nothing could be further from the truth. Yes, as a corporation, MPC cares about being financially viable, because the more money they make, the more they can invest in research and development. They are on the cutting edge of lifesaving treatments. To develop drugs like this isn’t a cheap enterprise, and MPC pours its profits back into the business.”
Adam took a step closer to the jury. He wasn’t holding back at all, and neither would Ethan. It was exactly what they needed. She didn’t want him to throw her a softball. This was the real deal, and she was glad he was fully engaged.
Adam’s expression softened as he made eye contact with the jury again. “My heart goes out to Mrs. Wyman. The death of her daughter was a tragedy. But the plaintiff has the burden of proof here. Ms. Sullivan may have the emotional element on her side, but when you peel that back, you won’t find any evidence substantiating her claim—especially from the medical experts you will hear from during this trial.”
As she watched him, she was reminded of what an excellent trial lawyer he was. Even though she believed she had the better facts in this case, Adam was doing an effective job of shifting the narrative. He also had a way about him that made you want to believe him. He wasn’t over-the-top like many lawyers she knew, and juries found him relatable.
She could only hope and pray they would see her the same way. Because as good as Adam was, Ethan would be even better.
She listened attentively as he went through and rebutted all the legal elements in detail. He made sure to play up the fact to the jury that as the plaintiff, she would have the burden of proof. If she could not prove her case by a preponderance of evidence, the jury’s duty was to rule in the defendant’s favor.
“While it would be much more dramatic and exciting to accept Ms. Sullivan’s version of events, the evidence will not support her claims. The decedent’s brain tumor had absolutely nothing do with taking Celix. The plaintiff’s lack of evidence will become apparent as we proceed, and I ask that you analyze all the facts put before you. When you do, I believe you will return a verdict in favor of the defendant, MPC. Thank you again for your time and your attention.”
It didn’t surprise her that they’d both opted for opening statements on the shorter side. You could only keep the jury focused for so long.
“Thank you, Mr. Black,” Bonnie said. “I think it best that we adjourn for the day and start with our first witness tomorrow morning promptly at nine o’clock.”
Bonnie had also agreed to coordinate the jury comments, so she stepped down from the judge’s seat and walked toward the jurors.
“All right, everyone, please take about half an hour to write down your thoughts. Be as honest and comprehensive as possible. Then we’ll reconvene with a focus-group discussion.”
Adam walked over to Kate. “Hey, want to run downstairs to the cafeteria and grab lunch while they’re writing down their feedback?”
“Yeah. Now that you mention it, I’m starving.” She hadn’t eaten anything today. She’d been too worked up about the mock opening statements.
“You did really well. We’ll have time to go through it all, but I thought you were highly effective.” He smiled. “I can tell that you live and breathe this stuff, Kate.”
“Thank you. This case means the world to me.”
They walked out of the conference room and down the hallway to the elevator bank. He pushed the call button, and her stomach started to rumble. The elevator chimed, signaling its arrival. The door opened, and she stepped in beside a man who was already on his way down.
She turned, expecting Adam to join her, but he just stood there, his face suddenly pale.
“Come on in.” She reached out and held the elevator door.
“I’m sorry, Kate,” Adam said.
“Sorry for what?”
“I’ve got it from here, Adam,” the man beside her said. He grabbed her by the arm and pulled her back into the elevator as the doors shut.
Her stomach clenched as she remembered the look on Adam’s face. It all fell into place. Adam was working for MPC. He was one of them. She’d been betrayed by her friend and partner.
Something jabbed into her left side.
“If you don’t want to get hurt, do exactly what I tell you,” the man growled.
She held back a scream as she looked down and saw a brief flash of the gun pressed into her side, obscured by the man’s navy suit jacket.
“We’re going to walk out of this elevator and go down to the parking garage, and you’re going to act like nothing is wrong. If you do that and keep listening to me, you won’t get hurt. Do you understand?”
Fear flooded through her. Was this the same man who had come after her before? “You work for MPC.”
“No talking. Just walk.”
The elevator doors opened, and she stepped out as he wrapped his arm around her shoulder. Then he smiled at her. “Act normal,” he said in a hushed voice.
He kept his head down, leaning into her, and he was taking her on a specific route to the parking garage elevators. That meant he knew where the building security cameras were, and he was trying to avoid getting his face caught on one.
She weighed her options. Once she left this building, it could be all over. But on the flip side, if she tried to make a break for it, he might kill her. This man was on a mission. He was hired for things like this. For all she knew, he might be Ellie’s killer. Lord, help me.
Not wanting to risk it, she did as she was told and walked toward the elevator bank that led down to the underground parking structure. The same garage she parked in every day.
He looked at her, his brown eyes holding no hint of kindness. “If you want to live, no sudden moves.”
She took his threats seriously and obeyed. They took the elevator down to the bottom level of the parking deck, which was also the most isolated. As they exited and started walking through the garage, she started to panic. Maybe she should fight. What if this was her only chance to get away?
She struggled against him as he pushed her forward.
“It’s no use trying to fight me. You’ll only get hurt if you do.”
They walked a few more steps until he stopped in front of a large, dark SUV—eerily similar to the one that had come after them last week.
Kate’s survival instincts kicked in, and she started thrashing against him with all of her might.
“I told you not to do that.”
He pulled the gun, and she thought he was going to shoot her right there. But instead he brought it down hard on her head.
A blistering pain went through her body, and then there was nothing.