Decency

by Rex Fuller

  “Yes, your Honor. We had not received a response as of when I left my office to come here.”

  “Very well. We must resolve this issue before proceeding. To whom did you speak, Mrs. Holdredge?”

  “Michael Carbajal of my office, whom your Honor knows, spoke to Ms. Sankrit Singh of the Office of Legal Counsel.”

  The judge picked up his phone, which apparently did not require dialing to reach his secretary.

  “Mrs. Bennett, would you kindly telephone Ms. Sankrit Singh of the Office of Legal Counsel in the Justice Department? I will wait on the line.”

  No more than a minute later, the Judge spoke into the phone, “One moment please.”

  He punched a button, cradled the receiver and spoke up in the louder voice everyone uses on speakerphones.

  “Ms. Singh, this is retired Chief Judge Reichardt of the United States District Court in Baltimore. We are on the record in a hearing in the matter of Pierce v. Cochran. Counsel for the plaintiff, Ms. Kelly Hawkins of Washington D.C., the United States Attorney for the District of Maryland, Mrs. Katherine Holdredge, representing the United States, and, accompanying her, National Security Agency counsel, Ms. Angela Bonafacio, are also on this speakerphone.”

  “Uh…yes, your Honor.” Ms. Singh did not yet know if she was in trouble or not.

  “Ms. Singh, Mrs. Holdredge has informed me that her assistant, Michael Carbajal, requested through you that the United States Attorney for the District of Maryland be authorized to represent the individual defendant, Mr. Cochran, for purposes of this hearing and that you had not responded as of this time.”

  The Judge did not give her the chance to confirm. He knew there was no need to do so. No lawyer in the United States Attorney’s office would ever misstate any fact to the former Chief Judge in the District. “Ms. Singh, what is the present status of that request?”

  “Your Honor…I’m sorry you found it necessary to ask but…please, one moment, I’ll find out.”

  Ms. Singh left the conversation without a “click” to indicate she put the Chief Judge on “hold.” All parties present could imagine her, majestic title, majestic office and all, scurrying to find some way to avoid making her boss look like he was holding the Chief Judge’s schedule hostage.

  She came back to the phone with just the tiniest whine in her voice betraying guilt.

  “Your Honor, I apologize for the delay. I am authorized to state that the request of the United States Attorney for the District of Maryland to represent Mr. Cochran for the specific purpose of your hearing is approved.”

  The Judge did not give her any consolation. “Thank you, Ms. Singh.” He punched the speakerphone button after the briefest possible moment.

  The judge’s expression did not change. He immediately launched his agenda.

  “All parties are now represented and we shall proceed. I have several matters to discuss before we get to the issue of a scheduling order.

  “First, plaintiff has filed a motion for leave to file motions in camera. The time for response to the motion for leave has not expired and the opposing parties have not responded. Plaintiff’s motion for leave to file motions in camera is granted.

  “Second, the defendant United States has filed a motion to seal the proceedings and the record. The time for response to this motion has not expired and the plaintiff has not responded. The motion is denied without prejudice to renew it with respect to specific portions of the proceedings and the record.

  “Third, I now inquire of counsel whether you have consulted with each other with respect to scheduling, anticipated motions, possible discovery and or stipulations, or any other matters?”

  Kelly nearly jumped out of her chair at the chance.

  “No, your Honor. To be candid I had not anticipated this hearing. Consequently, I had not sought to consult with opposing counsel. I will make myself immediately available for that purpose.”

  “Very well. Ms. Hawkins, you will prepare and submit within ten days a report of the results of consultation. If no agreed report is feasible, both sides are to submit reports.

  “With regard to scheduling, I will hold in abeyance making a scheduling order pending the report. However, I suggest the following as a general guide. Days are to be counted from the date of this hearing. Written discovery requests, sixty days. Responses thereto, ninety days. All discovery complete, one hundred twenty days. Dispositive motions, one hundred fifty days. Trial, one hundred eighty days.

  “Is there anything any party wishes to bring up now?”

  “Your Honor, thank you. The plaintiff will be submitting a written motion to sequester all materials in the possession of the defendants related to the decedent Samantha Pierce. I would like to make that motion orally, now.”

  “You may proceed.”

  “Your Honor. Particularly because the focus of the case is upon a person who is now deceased it is critically important to the plaintiff’s ability to obtain relevant evidence that whatever materials - papers, computer files, etc.- that exist in the possession of the defendants be preserved. Those materials may be the only extant source of information. We request the court to order that all such materials be immediately identified, isolated, and preserved.”

  “Defendants?”

  “Your honor, we do not believe the order would be necessary. The normal record keeping procedures will require that certain steps be taken with regard to materials relating to a deceased employee. Those procedures should result in preservation where it is appropriate. However, it would be unduly burdensome to simply devote resources to isolating such materials.”

  “The motion is granted. Plaintiff will prepare and submit an agreed order. If no agreement is reached, the parties will submit their own proposed orders.

  “Anything else, Ms. Hawkins?”

  “No your Honor, thank you.”

  “Anything, Mrs. Holdredge?”

  “Nothing, your Honor, thank you.”

  “Very well. The hearing is adjourned.”

  “Abe, just wanted to bring you up-to-date.”

  “How did the hearing go?”

  “Pretty strangely, in fact. Remember, the government hasn’t filed any sort of response yet. Even so, Reichardt granted our motion to file the witness protection motions in camera, denied a government motion that we have not even been served with yet to seal the proceedings and the record, granted our motion to sequester the records, which I took the opportunity to make orally, indicated a schedule that puts us in trial in one hundred eighty days, and ordered all parties to consult on schedule, discovery, stipulations and motions.”

  “Well, congratulations are in order. Good job.”

  “Thanks, but I can’t really take much credit. The judge pretty much did it himself. Plus he didn’t do anything that he can be reversed on, so he’s just forcing the action. It really means we have to get all of our evidence gathering done as fast as we possibly can.”

  “Yeah, I can see why.”

  “There was one other noteworthy thing. The U.S. Attorney herself represented the government.”

  “Well, you’ve gotten their attention. For whatever reason, they don’t want anything slipping through the cracks.”

  “I know. I’m headed first thing tomorrow with Bonnie for the consultation meeting with the government. It’s at NSA, which might be interesting.”

  “Yes, not a whole lot of people have been there. Good luck.”

  Director Jiang raised his eyes. General Zhou had entered without knocking or uttering a sound.

  The General passed him a small note.

  “Director,

  Our American friend increases his demands. He urgently needs 10 of the devices. One for the Nebraska farm, one for the lawyer’s office and eight for the NSA.”

  The Director scrutinized the note.

  …the American is becoming tiresome…how many does he think there are…

  He crossed out the characters for “demands” and wrote, “requests.” He then wrote, “Send
four. Two for NSA,” and returned the note to the General.

  The General bowed and departed.

  …why the American does not simply take what he believes he needs, why he allowed the Nebraska farmers to sue…these shall remain mysteries…perhaps eternally… the American’s usefulness shall not…meantime, we accomplish what we can, while we can…

  Captain George Yancey looked up from the latest set of crime scene photos to see Chief Carlson standing in front of his desk.

  “It’s not good, George.”

  …please, God, no…

  “Internal Investigations recommended a full investigation.”

  “At least they didn’t say ‘charge him’.”

  “That’s the only thing going for you. I couldn’t hold it off any longer.”

  “What’s my status?”

  “You can stay on in admin. You can collect your check.”

  “Thanks. I’m going to need it for a lawyer.”

  “Can’t you just deny you signed the damn report?”

  “Sure. But I already said ‘I don’t remember.’ I don’t want to make it worse. IID already thinks I forged the evidence receipt because it doesn’t match my signature on the report.”

  “Better get that lawyer.”

  Carlson turned and walked away with a heavy heart. Yancey picked up the phone with a heavier one.

  Their briefcases exited the scanning machine. Kelly and Bonnie walked through the airport style body scanners, picked up their briefcases, and stepped to the visitor control desk.

  “Good morning. How can I help you?”

  The guard inside the entrance of the NSA headquarters building was polite but disagreeably firm.

  “We are here to visit the General Counsel.”

  “Who, by name, are you visiting there?”

  “Angela Bonafacio is our host.”

  “Your names please.”

  “Kelly Hawkins and Bonnie Cummings.”

  The guard scanned his visitor list with the attention of a cat watching a mouse.

  “I have your names. You will please provide some identification.”

  “Such as?”

  “A drivers license will be fine.”

  The guard took the cards, checked the photographs and did not return them.

  “Please complete this form.”

  The form called for visitors to supply all the information all over again, name, address, affiliation, telephone number, and name and telephone number of the person to be visited, and required a signature. The small print indicated false or misleading information may render the signer liable for criminal prosecution. Just as the sign in front of the scanners did, it once again informed the visitor that search of the person and personal articles may be conducted at any time, that no photographic or recording equipment was allowed, that unescorted entry was prohibited, and that deadly force was authorized.

  The visitors completed and signed the forms, knowing they weren’t going any farther without doing so.

  “Thank you. It will take a minute to verify the information.”

  The guard took the forms and proceeded to enter the information contained on them into a computer. A few minutes that seemed like an hour later, the computer apparently liked what the guard told it.

  “Here are your identification documents back and here are your visitors passes. Return them here when you leave. Please wait for your escort in the waiting room.”

  “And that is where?”

  The guard pointed mechanically to a door to the right.

  The visitors waiting room was not quite as comfortable as those in hospitals.

  “Gee, that was fun,” Bonnie offered a little too sarcastically. “At least they didn’t demand certified copies of birth certificates.”

  Fifteen minutes elapsed.

  “Kelly, do you suppose they have forgotten about us?”

  “No, but it is time to call them.”

  Kelly stepped out to the visitor control desk.

  “I would like to call my host to see what is holding them up.”

  “Certainly. You can use that phone. Just dial the five digit extension,” indicating a wall phone obviously meant solely for frustrated waiting visitors.

  “General Counsel’s office.”

  “This is Kelly Hawkins. We are still waiting for our escort to meet with your office.”

  “Ms. Hawkins, the escort is on the way. It should just be a few minutes.”

  “All right.”

  Another ten minutes elapsed.

  A bored, uninspired “escort” in the form of a woman about twenty years old in need of some grooming came into the waiting room and called out, “Ms. Hawkins and Ms. Cummings,” although there was no one else to call out to.

  “That’s us.”

  In a staccato voice the escort recited her spiel. “Please don your visitors pass. Make sure it is visible. Wear it at all times during your visit. Follow closely behind me.”

  A long corridor, an elevator ride up seven floors, and another long corridor later, the escort opened a door, stepped in and asked, “Is this the office where..,” she checked a slip of paper in her hand, “Miss Bonnyfasseo is located.” The receptionist said yes and the escort departed in the same glum mood.

  “May I have your names, please.”

  “Kelly Hawkins and Bonnie Cummings. To see Angela Bonafacio.” There was a decided edge in Kelly’s voice.

  Without checking any paperwork, the receptionist recognized the names.

  “Oh yes. She will be here in just a moment.”

  The last hope of keeping any patience disappeared from Kelly just as the door they entered opened and their names were called in a soft, pleasant, feminine voice.

  “Ms. Hawkins, and Ms. Cummings? I’m Angela Bonafacio.”

  Kelly turned to find a woman in her thirties wearing a typical lawyer’s grey suit. Her features were those that have graced the streets of Florence for hundreds of years, jet black hair, long face and nose, deep brown, near black eyes.

  She extended her hand to them both and gripped theirs firmly. “I’m sorry for the delay. The check-in and escort processes are always frustrating. Come with me please.”

  They exited the door again, traversed the hall, entered another door, walked a few paces past the doors of cubicled lawyers and entered another door. It opened into a plain conference room. The furniture was not meant to impress. The “conference” table was the same kind of folding affair found at church picnics and plain metal folding chairs surrounded it.

  There was however a concession to hospitality in the form of a canister style coffee brewer, jar of dry creamer, box of pink Sweet-n-Lo packages, paper napkins and styrofoam cups.

  “If you would like coffee, please, help yourselves.”

  Kelly responded in conciliation more than anticipation of the coffee’s flavor. “That would be nice.”

  “Mr. Barrett, the General Counsel, and Mr. Carbajal from the U.S. Attorney’s office will join us shortly. Please excuse me while I retrieve my file.”

  With that she was gone, leaving Kelly and Bonnie to wonder how long they would wait this time.

  Bonnie whispered, “Do you suppose it’s a tactic to wear us down before we even start?”

  Kelly smiled, a little.

  Inside of two minutes the door opened again.

  This time Angela Bonafacio held it for an energetic man in his fifties, under five feet nine, overweight, seemingly fighting with his suit jacket to keep it straight. His wispy thin, graying hair, combed straight back, sprouted from skin of dark complexion and his brown eyes twinkled. Right behind him was a taller, slender younger man in his early thirties dressed in navy pin stripe, subdued burgundy tie and french cuffed white shirt. His hair was parted in the middle and combed straight back. He seemed to stare.

  The older man walked directly to Kelly.

  “Ms. Hawkins, welcome, I’m John Barrett and this is Michael Carbajal of the U.S. Attorney’s office.”

  …
that’s good…he didn’t say “General Counsel” in stentorian fashion after his name…

  Kelly made direct, unflinching eye contact with them and offered her hand.

  “Thank you for hosting us, Mr. Barrett. This is Bonnie Cummings with my firm.”

  Barrett’s handshake was strong and vigorous. Carbajal’s hand seemed to want to escape contact.

  Barrett returned Kelly’s direct gaze and spoke earnestly.

  “Ms. Hawkins, it was a terrible thing that happened to your husband. I was very saddened and my deepest sympathies are with you.”

  “You are kind to mention it, Mr. Barrett.”

  …he’s done his homework and he wants me to believe him…

  Barrett took the head of the table and motioned to everyone.

  “Please, everyone sit. Our accommodations are unavoidably spartan.”

  …he doesn’t apologize…he knows he doesn’t need to for things he can’t control…

  Bonnie started taking notes at a furious pace.

  Barrett quickly started speaking again. “Ms. Hawkins, they tell me Judge Reichardt has put this case on a fast running track and expects the parties to take advantage of that and avoid wasting effort on non-critical issues. Do you assess it the same way?”

  …hard to know where he could be going with this…

  “Yes, very much so. I would certainly welcome that approach with regard to scheduling, discovery and…”

  Barrett raised his palm.

  “Forgive me, Ms. Hawkins, for interjecting…”

  …then why do it…? this better be good…

  “…I know you have views of the information at your disposal that leads you to conclude…”

  Barrett nodded to Bonafacio, who stood and quietly whispered, “Excuse me,” then departed the room.

  “…that there is liability on the part of the psychologist and the government. The papers you have filed thus far clearly articulate those conclusions. Those conclusions rest, however, on incomplete information.”

  …better keep him going in this direction…

  “Mr. Barrett, it’s quite normal for an employer to have information about any given employee that the plaintiff’s lawyer does not know about. I think it could behoove us both to have that information made available.”