In The Plan - 19. Chapter 19

19

Built on what Ahmed Patel had seen and testified to, Carleson was ready for his expert, Jonathan Feder, to go on and reconstruct the accident. Logically. Not using the theoretical and forensic evidence Lee's experts would use.

Jonathan Feder specialized in reconstructing automobile accidents people had survived. He carefully built on established details from police reports and relied very little on speculation. He'd say what Jenkins' expert might have testified to in the first trial had Lee given him the chance. Confident after Ahmed Patel's strong testimony that the jury had a clear picture of who was driving the Mercedes, Carleson went ahead and called his expert. And was stopped by Stu Lee.

At least, Lee looked sheepish about it. Maybe he had when he stopped Jenkins' expert, too. Carleson hadn't been there or gotten specific reports. Or maybe the hapless expression on Lee's face was solely for the benefit of the jury - "Oh, gee, did I really just set off that avalanche? I was just trying to keep things legal."

Though it wasn't an avalanche, and it could be easily stopped.

Carleson looked at the judge. She smiled at him as sympathetically as her seeming alliances allowed - which is to say not at all - then let Lee explain.

He wasn't using the same grounds he had to eliminate Jenkins' expert - no "Too close to a statement here." Instead, he insisted Carleson's expert had missed the filing deadline.

"Wait!" Carleson wanted to say. "You know I asked for an adjournment, and you know it was specifically to extend that deadline. And you didn't seem to have any objections to giving me one, but the assignment judge got in the way."

But Carleson knew he couldn't say that. It would have no effect, and because of that, it would make him look weak. Instead, he took a less direct route. "Perhaps my reconstruction expert - Jonathan Feder - didn't submit his finalized report in time," Carleson admitted. "But his preliminary report was easily filed before the deadline - well before - and I can refer only to that. As you know," he explained to the judge and Lee - but really for the jury to overhear - "only a handful of depositions came in after we began in the courtroom."

The judge asked to look at Feder's preliminary report, and a copy was quickly handed to her. As Carleson waited for her review it - because he was sure she'd gone over it before - she'd been that consistently prepared - he considered the worst outcome. Normally, he wouldn't have thought about that. This was routine, and Lee's objection wouldn't stand. But since the judge had persistently showed favoritism, he wondered if she'd divert from that now.

If Jonathan Feder's testimony were disallowed, Carleson reasoned, it wouldn't destroy his case. But it certainly wouldn't help it, either. Ahmed Patel's testimony had proved surprisingly convincing - and detailed. Carleson hoped the jury had been as persuaded as he was. Actually, Carleson hadn't been sure how much Patel could deliver - especially because of his earlier, boomerang statements. So he was only depending on Patel to say one thing - that Brad Coghlan's legs and feet were still extending into the car after the crash.

Carleson couldn't directly ask the next logical question but hoped the jury would infer the answer - that Coghlan had only been tossed out the driver's side door as the Mercedes came to a stop. It would contradict what Issac Yoguez thought he saw, but Coghlan's feet under the pedals had to be established so Jonathan Feder could build his case. The additional depositions he'd have to avoid - the ones that came in late - only added support to the ones that had been filed on time, and Carleson didn't think the holes would be hard to avoid. Unfortunately, while he was working this out, the judge had other ideas and ruled in Stu Lee's favor.

"I'm afraid Mr. Feder won't be allowed to testify," was all she said, handing the report back to a court clerk. There was no secret exchange of smiles here with Lee, but he seemed relieved. Still, neither he nor the judge looked directly at Carleson.

In a second, Carleson was on his feet, objecting.

"Mr. Carleson..." the judge simply began.

But Carleson was insistent - offering perfectly good objections, on any number of pertinent issues. All of which the judge unfairly overruled.

"What do I need to teach you about the law?" Carleson wanted to shout at her. He knew he was losing his cool, but this was really a hit, no matter how he tried to rationalize it.

"Mr. Carleson," the judge repeated, sounding like an old-fashioned coach, who thought words alone could silence a locker room. And the image sunk in: Carleson realized he was reacting like a seventh-grader.

So he merely nodded and went back to his desk, momentarily thumbing through a folder he really didn't need to read. There was no point in standing like a dofus in the middle of the courtroom, seeming uncertain on how to proceed. Thinking about where to go from there, and noticing the time, he asked to approach the bench. The judge agreed and also asked Lee to approach.

"Perhaps I was foolish even to call Mr. Feder this late in the afternoon," Carleson comfortably began. "Mr. Feder had a lot to say, and his testimony would easily have gone into tomorrow. My next witnesses don't have particularly long testimonies, but they're all medical, and I'd prefer they be grouped together for the jury's sake. So perhaps it would be best for the court to start fresh in the morning."

Carleson couldn't try to persuade the judge. In this case, that could only go against him. But he could offer what seemed a practical suggestion. And, perhaps because she'd just ruled against him, she might lean ever-so-slightly in his direction.

The judge looked at Lee, who - at first - seemed non-committal. Then he nodded slightly, maybe concerned the jurors were watching. This was all legitimate, Carleson knew. If Lee had objected to the idea, the judge could have sided with him. If he hadn't objected, she could also rule against Carleson on her own, perhaps saying that ending the day early would waste the court's time and resources. Considering how the judge had favored Lee and what a presumably big advantage he'd just been given, Carleson was prepared for an obstruction now. But for maybe the only time he could remember in the trial, the judge followed his lead. Carleson thanked her, as aware as she was that the jury was watching.

As Carleson sat down, Doug Hodges asked what that was all about. Carleson knew he didn't want to say "Pissing for distance," though he also knew Doug would laugh at that and understand it. But the comment seem unprofessional.

"It isn't anything, really," he assured Doug. "Legal maneuvering. Swordplay. It actually shows how weak Brad Coghlan's case is and how Stu Lee will do almost anything to build it up - to make it seem stronger. It's a variation of the trick he used the first time."

"But he won the first time," Doug rightly pointed out.

What could Carleson say? And what could he say politely? That he was better than Damon Jenkins? More analytic? Further prepared? He'd already told Doug that, and to repeat it would only seem smug. Still, the man needed reassurance, especially since he'd soon be up in front of the judge and jury. He needed to know he wouldn't be attacked the way Joseph Muraro had been.

Lee hadn't attacked Doug in the first trial, and Carleson knew he couldn't do it here. It would make Lee - and reflexively Brad Coghlan - look too unsympathetic. "There's no way any jury's going to believe you were driving," Carleson soon told Doug. "Not once they hear what you have to say." He hesitated because what he was about to say was unfortunately untactful, but Doug needed to be reminded. "I'm not sure Damon Jenkins gave you enough time in the first trial - not in front of the jury - not to make your case. I know he was trying to protect you, and that's great - it's one of the things lawyers do for their clients. But if he'd put you at a little further risk, it might have paid off."

Doug looked a bit relieved at hearing that. "So you're not sticking me out there with no weapons? As bait?"

"You could always cry," Carleson joked. "That goes over well with juries."

"Even from guys?"

"Don't be sexist now," Carleson teased. "A strong man - crying - is pretty powerful stuff."

Doug looked at him as if he were nuts. "Not in my family. Not the way I was raised."

Carleson grinned. "I promise," he quickly added. "I wouldn't let it go that far."

"Just till my knees are shaking?"

Carleson could have joked again, but he knew what underlay Doug's fears. "Look," he said seriously. "Damon Jenkins could have given you a stronger base. More support. But believe me, even without Jonathan Feder, our case is solid - yours is. You'll be fine."

Doug Hodges seemed to think about that, then grinned. "You're my man," he almost repeated from three years earlier. "I told you that in the hospital, and I still believe it."

"I appreciate it," Carleson acknowledged. And they shook hands.

By then, court had broken for the afternoon, and the room was clearing out. Carleson noticed the bench was empty, and Brad Coghlan was gone, but Lee was still packing up his files. They glanced at each other and almost reflexively grinned. There were no personal hard feelings. It was all in a day's work. All in the game. They'd work against each other again, and - who knew? - maybe even together on a case - maybe with the judge by their sides. It's partly what Carleson liked about law.

Sitting alone in his car - after Doug had helped him carry his bags - Carleson had to admit that Feder being disallowed was a snag. A bigger one than he'd permitted Doug to know. Still, he remained cool now. Irritated, but cool. Counting his assets, he knew Doug would be an incredibly strong witness. He'd save him till last because he knew what kind of impact Doug's words would make. His testimony - in fact, just the kind of guy he was - would almost defy people not to believe him. Besides, Carleson had one more potentially strong witness - the ever-missing Joseph Muraro.

When Carleson first put him on the witness list, Lee had laughed, then cracked, "There's no way that guy will ever be in a courtroom again. Especially if I'm there."

Maybe that was true, Carleson thought, but he'd have to make a trip to Staten Island to find out. And he'd have to make it tonight. Cowboy's testimony had just become that important.