“You’re here on a motion for summary judgment?” the judge asked while looking at Connie.
“That is correct, your Honor,” Connie answered.
Farley nodded toward the podium situated in-between and a few feet forward of the tables and said, “You may proceed, Ms. Mickelson.”
Connie took her place at the podium and for the next fifteen minutes spoke directly at the judge to make her case. She started with the background of Mackenzie’s marriage; the difficulties with William’s children and their attitude toward Mackenzie, the threats upon her life by Bob Sutherland and the shooting. Connie laid out the investigation by the police for him and the refusal of the grand jury to indict her.
“Obviously, your Honor, this is a case of self-defense. Their claim that she negligently and/or intentionally inflicted harm on the Plaintiff is without merit. Robert Sutherland’s death, while tragic, was brought on because he was going to attack my client with a fireplace poker.
“The facts of this case are not in dispute, your Honor. Mackenzie Sutherland acted in self-defense and they know it,” Connie said pointing a finger at Kane and Paige.
“Finally, your Honor, it is obvious this lawsuit was brought for the sole purpose of harassing my client. It is vindictive, spiteful and without merit and they knew it. Not only should it be dismissed but costs and attorney fees awarded.”
Connie removed two documents from the manila file on the podium and handed one to Kane. As she walked toward the judge she said, “I have an affidavit to go with my request for fees and costs, your Honor,” She handed a copy to the judge.
“It totals eleven thousand eight hundred and forty-four dollars,” she continued as she walked back to the podium.
“Did you include some time for this morning’s hearing?” Farley asked her, a clear hint he was inclined to award them to her.
“Yes, I did, your Honor. In conclusion, the facts of this case are not in dispute and as a matter of law it must be dismissed. Thank you.”
The entire time Connie made her argument Simon Kane sat staring straight ahead almost trancelike. He barely heard a word of what Connie had to say. All he could think about was the ton of bricks dropped on him in the hallway. At best, he would only be suspended and not be fired. The reality was he would likely be disbarred, fired and divorced.
“Mr. Kane?” the judge asked.
Kane remained motionless for three or four more seconds, then the judge said his name again.
“Simon!” Paige whispered in his ear.
“Oh, yes, your Honor,” Kane finally said and looked up at the judge.
Farley held out his right hand toward the podium and said, “Would you like to present your argument?”
“Yes, your Honor,” Kane stammered as he gathered his notes, stood and took Connie’s place.
Connie, while watching this debacle, almost felt a slight twinge of sympathy for him. Then she realized again he had brought it on himself. Having a two-year affair with a married client, the wife of another client, was his choice. He had some serious explaining to do.
Kane started out by trying to claim there was a factual dispute to present at trial. He barely got the words out before Farley interrupted him.
“You have some facts to present to refute what the police, county attorney and grand jury all found to be a self-defense homicide?” Farley asked.
“Um, well, we believe Mackenzie Sutherland set-up Robert Sutherland and murdered him,” Kane said. “And…”
“Really? What evidence do you have to present and why haven’t you turned it over to the police?”
“Well, your Honor, we believe with further investigation we will find it,” Kane said.
“So, the answer to my question is, no, you don’t have any facts or evidence to present, do you?” Farley asked.
“We believe there is enough of a factual dispute now to present to a jury, your Honor. Enough to convince you to dismiss this motion for summary judgment and allow the case to proceed to trial,” Kane managed to calmly, confidently say.
“I see,” Farley said nodding as if he agreed causing Connie to stir in her seat, “Well, Mr. Kane, with all due respect, I don’t. Mackenzie Sutherland acted in self-defense. I have been through the pleadings including the police reports and findings by the grand jury and all of the evidence supports an act of self-defense. Therefore, I will grant Defendant’s motion for summary judgment, but I will dismiss the case without prejudice. If you come up with new evidence, you can file again.
“I’m also going to make a finding that this case was without merit, brought for the purpose of harassment and award defendant’s attorney fees and costs.”
“What?” Paige practically screamed. “That bitch shot my husband and I have to pay her?”
“Get control of your client, Mr. Kane,” Farley calmly said. Hubert Farley had been on the bench for over twenty-five years. Angry outbursts were nothing new and barely fazed him.
Mackenzie followed Connie from downtown St. Paul on westbound I-94 through downtown Minneapolis back to Connie’s office. Mackenzie was relieved with the hearing’s outcome but not as much as she should be or thought she would be. She knew why, too. The results of the second autopsy of William Sutherland should be known any day. And although she was able to fake her concern, Mackenzie knew what they might find.
When they reached Connie’s building, they both parked in the back lot. Mackenzie, happy to see Marc’s SUV, parked the BMW next to it.
“When are you going to tell me what happened before court in the hallway?” Mackenzie asked Connie as they strolled toward the back door.
“I’ll tell you upstairs,” Connie answered her with a big smile. “I want to fill-in Marc too.”
They entered the suite of offices to find Marc’s door closed. Connie pointed at it while looking at Carolyn with an inquisitive look on her face.
“He’s on the phone,” Carolyn said. “Oh, no he isn’t,” she added when the light went off on her phone. “He just got off.”
Connie knocked on his door then turned the knob and pushed it open while Marc answered her.
“Hey,” Marc said to the two women as they sat down in his client chairs. “So, how did it go?”
Connie told him the whole story starting with the hearing. Marc congratulated both of them for the result and expressed shock at the award of attorney fees.
“If that isn’t a clear statement to old Simon that he doesn’t have a case I don’t know what is,” Connie said.
“It ought to cool out Paige from pursuing this any further also,” Marc added. “What about the complaint against Simon?”
Connie then told them what went on in the hallway before court.
“You should’ve seen him,” Connie told Marc. “He looked like he had seen a ghost. He even threatened to punch me.”
“Probably a good thing he didn’t,” Marc said. “Knowing you he’d still be looking for all of his teeth.”
A slightly stunned Mackenzie, silent until now, said, “Simon Kane got served with a bar complaint just before court for his affair with Paige? You got him in trouble for the same thing Marc and I…”
“Stop! I don’t want to hear it,” Connie interrupted her.
“Besides, we could reasonably argue that our personal relationship started before I began to represent you,” Marc said.
“It did?” Mackenzie asked looking puzzled.
“Close enough,” Marc answered her. “I looked it up,” Marc continued looking at Connie. “His firm could get jammed up for it as well.”
“All for one and one for all,” Connie said.
“Is he in a lot of trouble?” Mackenzie asked.
“He has some serious explaining to do. It could help him if Paige helps him out,” Connie said. “He may be in bigger trouble with his firm for using their credit card for all of this.”
Mackenzie thought for a moment then said, “Good, I never liked him, anyway. He was a total butt-kissing, suck-up to Bill.”
“You need to come out and hear this,” she said to all three of them.
Sandy opened the door and all three of them filed out into the common area. Carolyn had the TV on and was checking the local channels. She came across one that was about to broadcast a news break.
“This just in,” the female anchor began by saying, “It is being reported that the autopsy results on the late William Sutherland, the founder of Sutherland’s grocery store chain, have been completed. A more thorough laboratory analysis has found trace amounts of the drug Interleukin-2. We are told that this is a cancer fighting drug that can induce a heart attack. To repeat, it is being reported…”
TWENTY-SEVEN
“What?” Mackenzie said looking over the crowd in front of the TV. “What is inter…, whatever she called it? Bill didn’t have cancer. She said they found a cancer drug in him. I don’t understand. Marc?”
“Let’s go in my office,” Marc calmly told her. He gently took her by the arm to guide her to his office.
Before they could get seated, after Marc closed the door, Mackenzie looking puzzled and confused said, “Did the autopsy show Bill had cancer? I don’t understand why he would have taken a cancer drug.”
As Marc was sitting down he calmly said, “Mac, sit down, please. As far as I know, there was no cancer found in the original autopsy. You tell me,” he continued while carefully searching his client’s face for a reaction, “why would he take a cancer drug?”
Mackenzie was sitting upright, her back stiffened and with a confused look, shook her head and said, “I told you, I have no idea. We need to talk to his doctor. Get his medical records. I want to find out what’s going on, too.”
“Okay,” Marc said. “First, let me call our pathologist.”
While Marc was dialing the phone he said, “I’m really tired of getting this kind of information from the news. The prosecutors always pull this crap. Hello, Dr. Johnson, please,” Marc said into the phone before Mackenzie could respond to his statement. “Sure, I’ll wait.”
The pathologist came on the phone and Marc identified himself. Marc then explained why he was calling and what had been reported in the news. With his office in Madison, Wisconsin, unless the Ramsey County M.E. had called him, Johnson would not know about the cancer drug.
“What was the name of the drug?” Johnson asked him.
“Inter-luke 2, something,” Marc replied.
“Interleukin-2?”
“Yeah, that’s it,” Marc said. “Do you know about it?”
“Sure, it’s a member of the interleukin cytokine family of drugs. I think its primary use is for the immune system.”
“What about cancer?”
“Yes, it can be used for certain types of cancers. William Sutherland did not have cancer,” Johnson emphatically said.
“Could it cause heart failure?” Marc said.
“Among other things, yes,” Johnson said. “A normal autopsy, especially of an older man with a history of hard living and a poor record of taking care of himself and has a heart attack would not reveal the drug’s presence. The toxicology screen, whoever performs it, would have to be looking for it.
“Let me call the lab where I sent the tissue samples and check with them,” Johnson said.
There was a knock on Marc’s door, Sandy opened it and quietly told Marc, Heather Anderson was on line three for him. Marc nodded an acknowledgement to her.
“Call me back as soon as you know anything, please. I have the county attorney’s office on hold.”
“Will do,” Johnson replied.
“Hello,” Marc said to Heather Anderson.
“Marc, I just called to let you know our tox screen of William Sutherland found a suspicious drug in him. A drug that our experts tell me induced his heart attack and caused his death.”
“I saw it on TV, Heather,” Marc blandly replied. “It was nice of you to give me a heads-up after it was leaked to the media.”
“Anyway,” she continued. “I wanted to let you know what was found. Have you talked to your pathologist?”
“Yes, he’s going to check on this. Was there anything else?”
“No, that’s it. I’ll try to keep you informed as much as possible.”
Marc ended the call and told Mackenzie about the conversations with Dr. Johnson and Heather Anderson.
“Now what?” she asked obviously concerned.
“Now they’re going to try to find out where this drug came from and how it got into Bill Sutherland. You can expect a search warrant, probably yet today. It won’t take her long to find a friendly judge to sign one.”
“Great. They’re going to tear my house apart, aren’t they?”
“Maybe, I don’t know. Depends on what exactly they’re trying to find,” Marc said.
“Can you stop them?”
“From getting a search warrant? No. But if I’m there I may be able to keep the damage down.”
“How?”
“By writing down everyone’s name and badge number and threatening to sue every one of them.”
There was another knock on his door and Connie Mickelson joined them. Marc told Connie about his phone calls then asked her if there had been any further news reported.
“No, just the bit about the drug found in the deceased,” Connie said. “How are you holding up?” Connie asked Mackenzie.
Mackenzie sighed then said, “I don’t know. I don’t know what the hell to think. I just have no idea what’s going on and now Marc tells me they’re going to get a search warrant for my house…”
“And cars,” Marc said.
“…looking for this drug, I guess.”
Marc said, “It’s almost noon. Let’s watch the news and see if there is anything else. Then we’ll get some lunch. I’m hungry, you want to come with?” Marc asked Connie.
“Please,” Mackenzie added.
“Sure, where?” Connie said as the three of them started toward the door.
“We’ll go across the street,” Marc said.
“And you’re buying,” Connie told him.
“We have been told, by more than one source inside the investigation into the death of William Sutherland, that the drug found in his system definitely caused his heart attack,” the male anchor on Channel 3 reported.
“Definitely caused his heart attack?” Barry Cline, one of the office lawyers asked.
The announcer continued reading the story off of the teleprompter while everyone silently watched. The only additional comment of substance was the fact that the authorities were still investigating. Toward the end of the three-minute story, Mackenzie’s picture appeared on screen behind him. The photo itself was quite unflattering, obviously chosen for effect and stayed on screen while the anchor reminded the audience who she was. He wrapped up by reporting Mackenzie’s previous husband’s death by heart attack.
“Is this just a coincidence?” he looked at the camera and asked. “We report, you decide.”
Carolyn shut off the TV. Before anyone said anything, Marc broke the silence by holding up his right hand and counting with his fingers, slowly said, “One, two, three…” and the phone rang.
Sandy went quickly back to her desk and answered the call.
“Just a second,” she said while placing the caller on hold.
“Gabriella,” Marc said.
“You got it,” Sandy smiled.
“That’s my girl,” Marc said. “I’ll take it in my office.”
“Can I come with?” Mackenzie asked.
“Sure, come on. I think we’ll go on TV this afternoon,” Marc told her.
Two minutes later the two of them emerged from Marc’s office. Connie was waiting for them.
“Maddy called,” Carolyn said. “She saw the news and was wondering what was going on.”
“I’ll call her,” Marc said. He looked at Connie and said, “We’re going to the station to tape Gabriella’s show.�
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“You gonna eat first?” Connie asked.
“Yeah, we need to be there around 1:30,” Marc said.
While they ate lunch, Marc called Madeline back and told her what he knew. This was not much more than what was reported on TV.
“You’re going on Gabriella’s show?” Maddy asked. Gabriella and she had become good friends, “Mind if I meet you and watch?”
“No, not all,” Marc said. “In fact, I just had an idea. Yeah, I get one about once a month, Miss Smartass. Anyway, I was thinking about going to Mackenzie’s house and spending the day. I don’t have much going on and I think Ramsey County is going to hit her with a search warrant today. I’d like to be there to keep an eye on things.”
“Won’t they call and tell you first?” Maddy asked.
“No, I doubt it. They should, but they don’t have to. Want to come with us and hang out? Keep Mackenzie company?”
“Sure, I’ll meet you at Channel 8 at 1:30. Oh and it’s about time you took me and Gabriella to lunch again.”
“Why not an expensive dinner?” Marc asked.
“Better still,” Maddy agreed.
“Why do you want Maddy to hang out at Mackenzie’s with you waiting for the warrant?” Connie asked.
Marc shrugged then said, “Her presence can’t hurt and she’ll distract the male cops who do the search.”
Mackenzie laughed then said, “You’re a sexist pig.”
“Thanks,” Marc said.
The three of them, Gabriella, Marc and Mackenzie were seated on a casual, studio setting. The taping began with Gabriella introducing her two guests. She then spent almost two minutes explaining a little history of William Sutherland’s death and Mackenzie’s alleged involvement.
Gabriella played it straight and gave her two guests legitimate questions. She wasn’t looking to fool them and get them to admit something they did not want to. First of all, Gabriella knew Marc well enough. She had interviewed him enough times to know he would be cautious, careful and deliberate in his answers. He also would be very careful about what his client would say. In fact, the two of them with Connie’s input, had thoroughly prepared during lunch.
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 200
