I TOSSED AND TURNED ALL NIGHT, going over and over my examination of witnesses and closing argument in my mind. I had no doubt that whoever testified, whatever happened, Moorman would submit this case to jury tomorrow. I’ve tried several high-profile cases, defended people accused of murder, but this situation was unique, a tightrope. One wrong step and my young client could fall into a life spent in federal prison.
I must have enjoyed a few hours of sleep because the next morning I woke full of energy and determination. We all had an early breakfast and were soon on our way to DC. Both Clovis and Big Mike kept a careful watch for Hans or anyone else who looked suspicious. We made it without incident and were soon going through security at the entrance of the E. Barrett Prettyman Federal Courthouse.
Neither Rita nor Stella would be allowed in the courtroom unless I called her to the stand. Big Mike would sit with them, and Martin’s men were disbursed throughout the courthouse just in case Hans appeared. They would be unarmed but hopefully so would Hans.
When I entered the courtroom, I was greeted with a surprise. Solomon had brought a guest. I knew who she was and walked over to greet them both.
“Jack, let me introduce Virginia Pruitt. She’s the new Assistant Attorney General for the antitrust division,” Solomon said with a grin.
“I’m delighted to meet you,” I said, extending my hand.
“It’s nice to meet you as well,” she responded, taking my hand with a smile. “I had dinner with Solomon last night. He mentioned he’d been observing an interesting trial and that I might want to join him today. He wouldn’t tell me what it was about, but since I’ve never seen the famous Jack Patterson try a case, I thought I might come. I called William Stanford last night to tell him I was thinking about coming, and he all but begged me not to. His reluctance made up my mind. I hope you won’t disappoint me.”
I bet Stanford didn’t want her here. I also bet the fur had flown when William told Jordyn. Virginia Pruitt was one of the administration’s more controversial appointments. A former Harvard law professor, she was known as a firebrand when it came to enforcement of antitrust laws. She had been confirmed by a small majority of the Senate, and rumor had it that she was already shaking up the entire antitrust department at Justice.
When Jordyn and her entourage entered the courtroom, she stared directly at Virginia and Solomon, who had taken seats near the rear of the room. If looks could kill, Ms. Pruitt would already be in her grave. Once again, David was the last person to enter before the judge banged his gavel.
“Mr. Patterson, please call your first witness,” Moorman announced.
“The defense calls William Stanford to the stand.”
Panic set in immediately. Everyone in the courtroom, including the jury, heard Jordyn say, “What the hell?” She rose to address the judge.
“Objection! Your Honor, attempting to call Mr. Stanford for the defense is totally inappropriate. We were given no notice he would try to pull off such a blatant attack on counsel. The only information Mr. Stanford could have that is relevant to this case is classified and protected by the attorney-client privilege and the work-product privilege.” Visibly confident, she turned her smile on the jury.
“Not quite everything,” I interrupted, addressing the judge. “Your Honor, I have no intention of asking Mr. Stanford about privileged information. Ms. Duarte told the jury that Mr. Stanford works for the government and, moreover, that he believes my client is a crook. His testimony is vital to my case.”
“Do you mean to elicit from Mr. Stanford the fact that your client has been indicted? Are you sure you want to do that?” Moorman asked, clearly puzzled.
“Yes, and I have a few other questions for him as well,” I responded.
Stanford himself spoke up, earning a glare from Moorman. “May I remind the court that Mr. Ruple’s indictment is sealed because of national security.”
“Your Honor, I haven’t even been allowed to see the indictment. I promise not to ask Mr. Stanford about its details.” I’d seen the judge’s glare as had everyone else.
Jordyn stared directly at the judge, who looked at his desk, refusing any eye contact with her. She’d asked for a quick trial with no witness lists or opportunity for discovery. He thought for a few seconds and did the right thing.
“Objection denied. Take the witness chair, Mr. Stanford.”
I waited patiently while William was duly sworn in, hoping that maybe now I’d get the truth.
“Mr. Stanford, are you the lead counsel in the criminal case against my client, David Ruple?”
Squirming a bit in his chair Stanford said, “I am.”
“I won’t ask you for any details of that case or what is in the indictment, but am I right in supposing that the software in question in this case is a part of your case against my client?”
“You are,” Stanford wasn’t going to volunteer anything.
“And am I right that the U.S. government takes the position that David Ruple designed the software in question, not the twenty plaintiffs here today?”
William looked in vain to the judge for help.
“Answer the question, Mr. Stanford,” the judge instructed.
“You are,” he answered with a look of disgust.
I paused to let his answer sink in. The government’s indictment of David as the creator of the offending software was clearly inconsistent with Jordyn’s claim that her clients were responsible for its design.
“In fact, my client has been sitting in DC’s jail because you believe the software in question is his creation.”
Jordyn rose again. “Your honor, Mr. Patterson assured the court he would not get into the details of the indictment.”
Moorman surprised me. “Mr. Patterson, can you rephrase your question?”
“Thank you, Your Honor. I believe I can.”
“Mr. Stanford, please don’t tell me what’s in the indictment, but my client remains in jail because you ordered his arrest. Is that right?”
“Yes, that is correct.”
“And you ordered his arrest because you believe my client is the author of the software in question. Am I correct?”
Jordyn objected. “What Mr. Stanford believes or doesn’t is not a matter of fact. He is not an expert in software development.” She was right, but she sure was throwing Stanford under the bus.
Judge Moorman sustained her objection.
“Let me ask another way,” I smiled at William. “Did you tell me that you believed David Ruple designed the software.”
Jordyn jumped up, but before she could object, I said, “Your Honor, I’m not asking him what he believes, I’m asking him what he said. I am not asking for the truth of what was asserted, just that he said it.”
The judge nodded, “Go ahead, Mr. Patterson.”
“Mr. Stanford, did you tell me that you believed my client designed the software which is at the heart of the plaintiffs’ claim?”
“I did, but….” he stopped abruptly.
“But, what?” I asked.
“Nothing,” he mumbled.
“But what, Mr. Stanford? I don’t really care, nor do I want to know, who’s pulling your strings, who’s been directing your behavior. My client has been indicted and locked away since he filed for trademark protection because both you and the U.S. government believe he designed it and must be stopped from developing it at all costs. Yet since the beginning of this trial you have sat with Ms. Duarte and the plaintiffs, helping her pursue her clients’ claim that they created the software. Can you explain your statements or your actions, because for the life of me I can’t.”
Jordyn shrieked, “Objection.”
I gave her a smile and said, “I withdraw the question, Your Honor.”