Final Exam: A Legal Thriller

by Terry Huebner

  Judge Wilson gave a stern and thoughtful look, then turned to Bridget Fahey and said, “He has a point, Ms. Fahey. I’ve ruled that paternity isn’t relevant and should be barred. What are you trying to do here?”

  “Your Honor, I’m not really trying to circumvent your Order, but I think the issue of paternity is relevant. Yes, it’s true that we learned that Anthony Cavallaro is not Daniel Greenfield’s child, but that really isn’t the point. The point is what everyone may have thought they knew at the time of Daniel Greenfield’s murder. Daniel Greenfield may very well have believed that Anthony Cavallaro was his child and acted accordingly. The Defendant, your Honor, may have also suspected that her son may have been Professor Greenfield’s child and not known for sure.

  “Either way, she may very well have been motivated to keep Daniel Greenfield quiet about the affair, assuming her husband didn’t know, and we believe he didn’t know, and also to keep him from pursuing the paternity issue. Also, I’m sure she didn’t want her son to learn that Joseph Cavallaro was not his real father.”

  “Judge, this is ridiculous,” Ben said.

  But then Judge Wilson held up a hand. Ben fell silent and watched the Judge consider Bridget Fahey’s words. He thought for several moments and then turned back to the Prosecutor. “What’s Professor Dorlund going to say?”

  “He’s going to say that he saw no evidence that the DNA and paternity research that Professor Greenfield was working on had anything to do with any article. He’s going to say that his conversations with Professor Greenfield led him to believe that the research was personal, and not work-related. He’s also going to say that Professor Greenfield told him that he had just found something out that would make a significant difference in his personal life.”

  “What was that?” the Judge asked.

  Fahey spoke quickly and intensely. “He will say that he doesn’t know for sure, but that Greenfield’s comments led him to believe that Greenfield thought that the Defendant’s child was his.”

  “You’ve got to be kidding me,” Ben interrupted.

  “Hold on, Counsel,” the Judge said with another raise of his hand. Ben was incredulous. In his mind, this was made up out of whole cloth, with no facts to support it. It also constituted the worst kind of blindsiding at the last minute.

  Fahey continued clearly excited. “Judge, we believe the jury can reasonably infer that Professor Greenfield suspected that the Defendant’s child was his and that she acted in order to silence him.”

  Judge Wilson finally turned back to Ben. “Now you can tell me what you think,” he said.

  “Judge, there is no basis for this whatsoever. We know the issue of paternity is settled. Anthony Cavallaro is Joseph Cavallaro’s child. The rest of this is all made up. It’s all just speculation out of nothing, out of thin air.”

  The Judge looked thoughtful. “If I do reconsider the issue of paternity, of course, you would be allowed to put into evidence the fact that a paternity test was taken and the child was shown to be Joseph Cavallaro’s. That discounts their theory right there.”

  “Sure it does, Judge, but they have no real proof that any relationship ever took place. It’s not like anyone can come in here and say they saw them having sex. They’re just trying to dirty her up without any evidence of paternity whatsoever. They needed a motive and now they’ve gone and made one up.”

  “I wouldn’t go that far, Counsel,” the Judge said. “It is circumstantial and I would agree it’s speculative, but there are pieces of evidence that do support it. I’m not sure that the jury can’t make that inference. You can certainly take steps to disprove it.”

  “It’s awful hard to disprove a negative, Judge.”

  “Mr. Lohmeier, there are a lot of ways to disprove a negative. There are a lot of ways for you to attack this evidence if you so choose. I think on reflection that Ms. Fahey’s right. I’ll allow the testimony subject to your objection. Now let’s go back inside.”

  The Judge made it clear that the discussion was over and his ruling would stand. Ben shook his head and remembered to put on a brave face when he returned to his seat. Bridget Fahey strutted her way back into the courtroom, not even trying to conceal her feelings over the Court’s ruling. Ben, on the other hand, appeared stoic, but tried to maintain a calm air of indifference.

  When he sat down, Judge Wilson was just coming through the door back into the courtroom. Meg leaned over and said, “What happened?” into Ben’s ear. He turned at her and shook his head telling her to be quiet.

  When the court reporter was back in place, Judge Wilson addressed the jury. “We’ve had a brief conference outside your presence to decide some evidentiary issues which were originally raised before this trial began. The lawyers have made their arguments and I have made my ruling. We are now ready to proceed. Ms. Fahey, you can continue.”

  Before Bridget Fahey could continue, Ben rose to his feet and said, “Your Honor, for the record and in front of the jury, I would like to renew my objection to this whole line of testimony. The issues that Counsel is raising, and the inferences she is seeking to draw from them, are both irrelevant and improper and should not be admitted. As such, the defense demands a continuing objection to this whole inquiry.”

  Judge Wilson looked down at Ben, a surprised and very irritated expression on his face. He cocked his head and said with a tone of astonishment, “You demand such an objection, Counsel?”

  Ben never expected to put himself in this kind of position with this judge, but he did not back down. He returned the Judge’s glare with one of his own, filled with anger and contempt for the ruling. Abandoning his long-held belief that he would never show that anything bothered him in a courtroom, Ben stared back at the Judge and said, “Absolutely. I think we’re so entitled.”

  Judge Wilson raised his chin and looked at Ben for a long time, then he nodded and said, “Very well. The defense has a continuing objection over this line of questioning. Now, Ms. Fahey, you may continue.”

  “Back before we were interrupted,” Fahey said with a sly grin, “you were telling me about conversations you had with Professor Greenfield shortly before his death regarding his personal life.”

  “Yes,” Dorlund said looking even more smug than before. “He told me shortly before he was killed that he’d found out some new and exciting news about his personal life that would change his life forever. He also told me that he hoped to possibly get back together with someone he had seen before.”

  “Did he tell you who?”

  Dorlund shook his head. “No, he didn’t.”

  “As we discussed briefly before, you are familiar with research that Professor Greenfield was conducting on DNA and paternity?”

  “Yes, that’s correct.”

  “To your knowledge, was Professor Greenfield drafting an article or writing a book with respect to those topics?”

  “I assumed so at first, but then I changed my mind because I saw no evidence of him drafting anything with respect to those topics. I came to believe that he was only researching them for his own personal use.”

  “What do you mean by that?”

  “I think it related to the exciting news in his personal life that he spoke about.”

  Ben rose. “Objection, your Honor. This is all speculation.”

  “Overruled.”

  Bridget Fahey moved in for the kill. “Professor Dorlund, looking back on everything you know now, based on all these conversations with Professor Greenfield and your knowledge of him as his best friend, do you have an opinion about what the significant events in Professor Greenfield’s personal life may have been?”

  “I do.”

  “Objection, your Honor,” Ben said as he rose to his feet again. “This calls for speculation and a conclusion on the part of the witness. This is not directly related to any testimony whatsoever. He’s merely giving an opinion and that’s not proper in this circumstance.”

  “I’ll allow it.”

  “I think Daniel Gre
enfield believed that the Defendant’s child was his.”

  Several gasps were heard in the courtroom and a commotion took place as several reporters rushed out into the hallway. Judge Wilson banged his gavel and said, “I expect there to be order in this courtroom. Everyone quiet please.”

  Meanwhile, Bridget Fahey smiled sweetly at the witness and said, “Your Honor, that’s all I have for now.”

  Ben stormed from his chair, not bothering to hide his anger. Judge Wilson looked down and said, “Would you like a brief recess before your cross-examination, Mr. Lohmeier?”

  Ben shook his head. “No,” he said and kept charging. Not waiting for the Judge to respond, Ben tore right into Samuel Dorlund. Ben stopped about ten feet short of the witness box and pointed his index finger directly at the Professor.

  “Professor Dorlund,” Ben said, his contempt for the witness clear, “you and I have spoken about this case on several occasions over the past months, haven’t we?”

  “Yes, I believe we have.”

  “We spoke several times at the law school, didn’t we?”

  “Yes.”

  “We spoke in your office on more than one occasion, didn’t we?”

  “Yes.”

  “We also spoke in the cafeteria at the school?”

  “Yes.”

  “And we’ve even run into each other in the hallways from time-to-time, haven’t we?”

  “Yes.”

  “We talked about the Reunion Committee, didn’t we?”

  “Yes, we did.”

  “You told me how Professor Greenfield expressed an interest in serving on the Committee with you, didn’t you?”

  “Yes, I think so.”

  “You told me how you had the materials for the Committee copied for him, didn’t you?”

  “Yes.”

  “You told me that you gave him a list with the names and phone numbers of all the members of the Committee on it?”

  “Yes, that’s true.”

  “We talked about Professor Greenfield’s relationships with students, didn’t we?”

  “Yes, we did.”

  “We talked about Nora Fleming and how you knew Professor Greenfield was having a relationship with her at the time, didn’t you?”

  Dorlund hesitated. “I think so,” he finally said. “I’m not sure I knew her name …”

  “Of course, you didn’t tell anyone at the law school about that relationship with a student, did you?”

  “No, I should have, but I didn’t. Daniel was a friend and …”

  Ben cut him off. “We also talked about your little problem with law students and how they accused both you and Professor Greenfield of inappropriate behavior, isn’t that right?”

  “I believe we spoke about that as well, yes.” By now Dorlund was fidgeting in his seat and looking increasingly uncomfortable. Ben did not hesitate and moved closer and closer to the witness, his voice rising, his anger visible for all to see.

  “We talked about Professor Greenfield’s relationship with his wife, didn’t we?”

  “Yes.”

  “We talked about his relationships with fellow professors at the law school, didn’t we?”

  “Yes.”

  “We talked about his attraction for students, make that female students, didn’t we?”

  “Yes.”

  “We talked about possible suspects in this case too, didn’t we?”

  “Yes, I believe we did.” Dorlund’s watery eyes darted from Ben back toward Bridget Fahey and even occasionally up toward the bench.

  Finally, Fahey broke in. “Your Honor, we object. Counsel isn’t so much questioning as badgering the witness.”

  Ben shook his head and glanced up at the Judge. “Your Honor, this is cross-examination,” he said. “I’m entitled to great leeway, particularly in light of your ruling.”

  The Judge nodded. “Objection overruled.”

  Ben moved closer and now was standing directly in front of the witness box.

  “We even spoke about how you wanted to make sure the person who killed your best friend was caught and punished, didn’t we?”

  “Yes, we did. That’s what this trial is all about, isn’t it?”

  “Move to strike, Your Honor,” Ben said.

  “Granted,” Judge Wilson said. “Professor, you know better than that. Stick to answering the questions.”

  Dorlund nodded meekly and Ben continued to savage him.

  “That’s it, isn’t it? You think my client did it and you want her convicted, don’t you?”

  Dorlund seemed to regain his footing for an instant. “Of course I think she did it. She can’t get away with this.”

  “That’s why you’re saying these things, isn’t it?”

  “I’m saying them because they’re true.”

  “During those conversations,” Ben said, “the conversations that took place before all this paternity baloney got in the media a few months back, you told me that the only way you thought my client ever had a relationship with Professor Greenfield was because he told you about it years later, isn’t that right?”

  “I think so.”

  “Before that time, you never told me about seeing my client in Professor Greenfield’s office, did you?”

  “I don’t recall.”

  “You didn’t tell me that Professor Greenfield told you he had a relationship with her back when it allegedly took place.”

  “No, I didn’t.”

  “You never told me anything about changes in Professor Greenfield’s personal life.”

  “I don’t remember. It may have slipped my mind.”

  “Don’t remember?” Ben bellowed, “Did you or did you not tell me about those alleged changes.”

  Dorlund stared at Ben for a moment. “No,” he finally croaked.

  “You never told me …”

  Bridget Fahey interrupted. “Objection, Your Honor. What he told Counsel isn’t relevant.”

  “This is impeachment, your Honor,” Ben shot back. “I’ll get on the witness stand myself if I have to.”

  Judge Wilson nodded again. “Objection overruled.”

  Dorlund now appeared to be sinking into his seat. Ben continued. “You never told me about your theory that Greenfield wasn’t really working on a law review article, did you?”

  Dorlund paused. He was still looking around for help. “No, I don’t think so.”

  “You never once mentioned that Daniel Greenfield believed that Megan Rand’s child was his, did you?”

  “No.” He paused again. “I don’t believe it came up.”

  “You certainly didn’t bring it up, not like you did today, did you?”

  “No. I don’t think I did.”

  “You only mentioned a relationship between Greenfield and my client after this paternity stuff hit the media, isn’t that right?”

  “I don’t specifically recall the exact date.”

  “You don’t? Let me refresh your recollection. Do you remember my coming to your office about as angry as I am right now?”

  “I seem to.”

  “Do you recall trying to blow me off and head to class in order to avoid talking to me?”

  “I don’t know if I did that.”

  “Do you recall that I had to threaten you with dragging you into Court to talk about these things on the record with the whole world watching in order to get you to talk to me?” Dorlund hesitated, then looked away in the direction of the prosecution’s table. “Do you remember it or do you not?” Ben demanded.

  “I seem to recall something like that,” he said in a small voice.

  “And only then did you come back and sit down and talk to me about Megan Rand and what you say you knew about her alleged relationship with Daniel Greenfield.”

  He nodded and mouthed the word before finally saying it aloud, “Yes.”

  “During all these conversations, did I ever ask you for anything but the whole truth?”

  “I don’t recall.”

  “
Wouldn’t you recall if I had?”

  “I suppose so.”

  “That’s the same thing you swore to give in this Courtroom, isn’t it?”

  “Yes.”

  “But even then, after all that, you never mentioned to me at all, not during any single conversation, this idea that Daniel Greenfield thought that my client’s child was his own, did you?”

  Dorlund shook his head only slightly. Then he whispered, “I don’t remember.”

  “Not once.”

  Dorlund looked away. “No, I don’t think so.”

  Ben stood there and faced him for a long time, his feet apart, his hands on his hips, looking as though he couldn’t decide whether to strike Dorlund or spit on him. Dorlund finally looked up at him somewhat defiantly, and Ben held his gaze until Dorlund looked away. Then Ben said, “No, of course not.” He paused again, his eyes boring into Dorlund. “When did you and Ms. Fahey cook this up?” he finally said.

  Fahey was on her feet in an instant. “Objection!”

  “Withdrawn.”

  And the cross-examination was over.

  51

  The prosecution rested their case-in-chief later that week and Judge Wilson gave each side until the following Monday to file concurrent briefs regarding the Defense Motion for a Directed Verdict. A directed verdict means that notwithstanding the evidence presented by the State, a reasonable jury could not conclude beyond a reasonable doubt that Megan was guilty, and a not guilty verdict would be entered and she would go free. It’s almost like saying, “So what?” at the end of the State’s case. Ben recognized that he had a better chance of being chosen Miss Congeniality than getting a directed verdict, but he and the team went through the formality nonetheless.

  As expected, Judge Wilson dutifully considered the evidence and the briefs and denied the Motion. In the meantime, Ben’s explosion in Court was the talk of the TV pundits and legal talking heads. Some praised his cross-examination of Dorlund as among the best they had ever witnessed, while others deemed his display of anger inappropriate and likely unpersuasive before the jury. Ben knew that despite his thorough dismantling and humiliation of Dorlund, the seeds of paternity had literally and figuratively been planted. The idea was now in the minds of the jury and try as he might, Ben would not easily remove it. Every time the jurors looked at Megan, Ben thought, they would look at her with a question, wondering whether she believed the child was Greenfield’s and to what lengths she would go to keep the question of paternity, and maybe even the relationship itself, from her husband and son.