The Empire State Cat's Christmas Gift

by Nic Tatano

  Tish then got an idea from the Judge’s opening remarks. She reached into her pocket and pulled out the product. “This is one of the most popular technology products on the market today. My client invented it. I’m sure many of you have one. It has made Peter Brent almost a half billion dollars. To this day he has not shared one penny with the person who invented it. So I ask you, is that fair? Remember, while this case is about the facts, it is also about doing the right thing.

  “As you entered the courthouse today you probably saw the large amount of protesters outside carrying some very unflattering signs about the defendant and shouting words that are not suitable for this courtroom. Nationally there is a huge boycott against Peter Brent’s company. Thousands of people have canceled orders for the upgrade of this product, due out in a few days. Social media portrays him as Satan. That’s because everyone knows he didn’t do the right thing. He didn’t play fair. And he’s nothing more than a common thief.”

  She headed back to her table. “Judge Winston said if she heard a cell phone ring during this trial she’d have it confiscated and drop it in her water pitcher. Which makes me think, why do I want a stolen product made by a thief? The answer is, I don’t. Because if not one penny of what I spent for that product didn’t go to its rightful creator, well… I’m sure I’m like you. I like to consider myself to be an honest citizen.” She held the product over the pitcher on her table and dropped it in. “And it’s against the law to be in possession of stolen merchandise.”

  *

  Ariel was watching the court channel as Spence walked into her hospital room. “Hey, Ariel, how you feeling?”

  “A little better, but still real sore.”

  “I’m real sore and I didn’t get hit by a truck. I got run over by an attorney.”

  “You know, I never wanted cameras in the courtroom but this is one time I wish they were there. The commentators are going on and on about Tish dropping the thing in the water pitcher.”

  He sat on the edge of her bed. “Yeah, talk about taking the wind out of my sails. There was an audible hush in the room when she did that. And she left it in the pitcher all day. I saw a few reporters take a picture of it with their cell phones during a recess, so it will probably end up on every front page.”

  “So, beyond that little stunt, how do you think it went?”

  “As for my opening argument, she blew me out of the water by sending the product for a swim. She had a lot of witnesses talking about how talented her client is and how she was great to work for before she got demoted. I couldn’t really do much with any of them, but that was to be expected. What I didn’t expect was how she treated me. I’m starting to get worried, Ariel.”

  “Why, what did she do?”

  “The way she looked at me, like I was the enemy.”

  “In court, you are. Remember, she doesn’t want Brent to know you guys are in a relationship.”

  “I sure hope so. But she’s taking it kinda far.”

  Ariel reached over and patted his hand. “You guys will be okay.”

  *

  Spencer heard the tap on the door and headed for the outer office.

  Thankfully, it was not another reporter.

  He unlocked the door and smiled at the tall, thirtysomething brunette. “Kayla, thanks for coming by at such a ridiculous hour.”

  She shrugged. “Hey, private investigators don’t really punch a clock. Besides, I’ve got a cheating husband to tail later this evening at the Plaza.”

  “Sounds like fun. Anyway, I figured by this time all the reporters would be gone.”

  “Still a few in the lobby. I took the service elevator.”

  “Great.” Spencer locked the door and led her to the conference room. “Got anything so far?”

  She sat and pulled a manila envelope from her purse. “Not much. But I have a lot of leads to track down.” She pulled several photos from the envelope. “These are the shots I could get from that company trip. You can see Cynthia Riggs sitting next to Peter Brent at a beach bar, but I’m not sure any of this is very useful. Most of them are people partying on the beach with him, playing golf, that sort of stuff.”

  Spencer flipped through the photos and didn’t see anything that jumped out. “Probably not, but you never know what will come up during the trial.”

  “I’m still working that angle. Along with the other one you gave me.”

  “I’m sure you’ll uncover something. You always do.”

  She leaned back and smiled. “You know, Spence, this is the first time you’ve had me investigate one of your own clients. Usually it’s the person you’re going up against.”

  “Well, as you know, this is an unusual situation. If you can find something that will force him to settle, I’ll be the happiest man in New York.”

  “Yeah, I can see why you’d want to settle. The case is a total loser.”

  “Everyone can see that except Peter Brent. He really thinks he’s going to win.”

  CHAPTER TWENTY-FOUR

  BRENT’S CASE IS ALL WET

  By Jason Maddon

  If you want a lawyer who can think on her feet, look no further than Tish McKenna.

  The attorney for Cynthia Riggs took a comment made by Judge Rebecca Winston and turned it into what might be the signature moment of the Brent Industries trial. After the judge warned reporters that any cell phone which rang during the trial would end up in her water pitcher, McKenna wrapped up her opening argument by dropping Brent Industries’ signature product into her own pitcher while calling it stolen merchandise.

  And during day one of the most high profile trials of the year, the item remained underwater, like a wet elephant in the room.

  While McKenna declined comment at the end of the day, legal analysts all agreed that her action set the tone for the trial. “It sucked the air out of the room,” said law Professor Henry Jordan. “She basically created a visual for the national boycott, showing that Americans are throwing away Brent Industries as a company they support. Brilliant, absolutely brilliant. And what makes it more amazing is that she obviously came up with it on the fly.”

  Court Channel senior commentator Ed Harrison agreed. “Nothing says you’re disgusted with a technology product more than dropping a two hundred dollar device into water. Even more impressive than simply throwing it in a wastebasket. How she came up with that out of a throwaway line by the judge is incredible. That image is now seared into the brain of everyone who saw it. It will be hard for opposing counsel to get those optics out of the minds of the jurors.”

  The rest of the day was almost anti-climactic, as McKenna paraded a batch of witnesses who gave glowing testimonials of Riggs as a brilliant inventor, manager and a person. Peter Brent’s attorney, Spencer Capshaw, had little to gain through cross examination, and is obviously saving his attacks for Ms. Riggs, scheduled to take the stand today. He also declined comment at the end of the day.

  Notable was that Ms. McKenna fished the device out of the pitcher at the end of the day, dried it off, and put it in her purse. Will it return on day two? Inquiring minds want to know.

  Spencer couldn’t help but laugh as he passed the newsstand.

  The front page of every newspaper featured a photo of the device sitting in the water pitcher. The headlines jumped out in bold type.

  Splish, Splash. Brent’s Takin’ a Bath… in Court

  Attorney Gives Brent Cold Shower

  Brent’s Case Takes a Dive

  He headed for Benny’s cart, not seeing Tish and wondering what she might say if she happened to show up. Then again, she seemed so terrified of the media catching them in the same place, it was doubtful she would drop by at all.

  Benny spotted him and studied his face. “You okay, Spence?”

  “Yeah. Day two in hell.”

  “So I read. Brilliant strategy on her part, droppin’ the thing in the water.”

  “She’s an incredible lawyer, Benny. Has she, uh, been by today?”

  “Yeah
, trailed by about a dozen reporters. So we didn’t have a chance to talk.”

  “How did she act?”

  “Not at all like the woman we know. Honestly, she had a look that made me want to call a priest.”

  “The woman is passionate about her work.”

  “You’re worried this is going to be a problem, aren’t you?”

  “It already is. Just when the relationship was really rolling it has to come to a screeching halt. It’s like getting an ice cold shower, then having to sit ten feet away from her all day and not be able to talk to her.”

  “You can pick up where you left off after the trial is over.”

  “I hope so, Benny. I keep thinking about a trial I had years ago when I went up against a good friend. Things got ugly in court and he hasn’t spoken to me since.”

  “Guess he wasn’t that good of a friend. Tish will be okay. Besides, I have her ear. Don’t worry, this will all be over and you two can have a nice Christmas together. Speaking of which, you got a gift for her?”

  “I have several but not sure which one to give her. Everything went on the back burner when I got stuck with this trial. And now I’m not even sure what to do as far as a present is concerned.”

  “What do you mean?”

  “Well, you know, sometimes a woman can get scared off if the gift is too extravagant. I wouldn’t want to give her anything that would be too much. Or seem like I’m moving too fast.”

  “I don’t think that’s possible, Spence. I think you’re old enough to know if your feelings are real. And how she feels about you.”

  “It’s how she’ll feel about me after the trial that worries me.”

  *

  Spencer glanced at the clock as he chatted with the bailiff, having already run the gauntlet of media people outside the courthouse and in the hallway. He’d also arrived early, not wishing to be seen walking in with Peter Brent. While guilt by association was inevitable, giving the television cameras a little less might soften the blow.

  The bailiff suddenly looked over Spence’s shoulder. “Buh-dum. Buh-dum.”

  Spencer furrowed his brow. “Excuse me?”

  “Bum bum bum bum… buh da daaaaaahhhhhh!”

  “What the hell are you talking about?”

  He cocked his head toward the door. “Great white shark at twelve o’clock. Jaws has entered the building.”

  He turned and saw Tish power-walking side by side with her client, head held high as her heel clicks echoed off the ancient white marble floor. She locked eyes with him but did not offer a smile or even the slightest bit of recognition. He opened the gate for them. “Good morning, Ms. McKenna. Ms. Riggs.”

  She gave him a slight nod. “Morning, Mr. Capshaw.” Her client said nothing and looked away.

  Peter Brent gave Spencer a gentle elbow at one minute to nine. “She put the thing back in the water.” He pointed at the pitcher in front of Tish.

  Sure enough, Tish had brought the viral image back into the courtroom for a return engagement. Spencer shrugged. “Whatever. That trick is already played.”

  “It looks bad. Ask the judge to make her take it out.”

  “I’m not—”

  “I’m paying your firm a fortune. I want you to ask for it to be removed. Either that or I’ll stand up and do it myself.”

  “And you’ll piss off the judge. She got no tolerance for that kind of stuff.”

  “I don’t care. Either you do it or I will. And if you don’t I’ll tell the media that you’re not adequately representing me.”

  Spencer exhaled and rolled his eyes. “Fine, I’ll bring it up.”

  “Damn right you will. Remember, you work for me.”

  Judge Winston brought the room to order at precisely nine o’clock. “Good morning everyone. Let’s get started. Ms. McKenna, call your next witness.”

  Spencer stood up. “Your honor, before we begin today, may I bring up one point of order.”

  “Yes, Mr. Capshaw?”

  “It has been brought to my attention that opposing counsel has placed the product central to this case back in her water pitcher. I think she made her point yesterday as evidenced by the fact a photo is on the front page of just about every newspaper in America. I would respectfully ask the court to direct Ms. McKenna to remove it.”

  The judge turned, slid her glasses down to the end of her nose and looked at the pitcher, then Tish. “Ms. McKenna, I believe Mr. Capshaw has a point in that you’ve made yours. Either remove it from the pitcher, or I’d better see you drinking some water from said pitcher.”

  Tish nodded, reached into the pitcher with two fingers and removed the device. “No problem, your honor.” She slightly turned her head and glared at Spencer.

  Brent smiled and leaned toward Spencer, whispering in his ear. “See, it worked. Just do as you’re told.”

  *

  Tish took the entire morning with Cynthia Riggs on the witness stand telling her story. Since she finished up just before noon, Judge Winston called for the lunch recess till one-thirty.

  Spencer spent his entire lunch hour in the courtroom going over his notes. But mostly because he didn’t want to be anywhere near Peter Brent and had no desire to face the media, which Brent was happy to accommodate at every opportunity.

  At one-thirty sharp the judge entered the courtroom as the witness returned to the stand. “Your turn, Mr. Capshaw.”

  “Thank you, your honor.” He got up and approached the witness, noting she had a white knuckle grip on her chair while the color had drained from her face. “Ms. Riggs, are you okay?”

  “I’m really nervous. I’m sorry, but I’m shy and this is the first time I’ve ever been a witness.”

  “Well, nothing to apologize for. Take a breath, try to relax and take a drink of water. We’re just going to have a conversation, okay. I’m not going to attack you. You’re not Jack Nicholson and I’m not Tom Cruise yelling at you. You’re Cynthia and I’m Spencer and this is not a court-martial.”

  The room filled with chuckles as the woman smiled and relaxed a bit, then took a drink of water. “Thank you.”

  “Okay, since we’ve already established that you’re the inventor of the product and the defendant does not dispute that, we don’t need to go over all that again. So let’s talk about the whole basis of this lawsuit, work product.” He handed her the sheet of paper. “I just gave you a standard Brent Industries contract. Is that your signature at the bottom?”

  She looked at it. “Yes.”

  He started walking around the courtroom, then leaned casually on Tish’s desk. He saw her glare at him in his peripheral vision. “Would you please read paragraph four for the jury. Just the first line will be fine.”

  “Sure. It says, anything produced while under the employ of Brent Industries is the property of Brent Industries.”

  “And by signing that contract when you first started working there, you agreed to that, correct?”

  “Yes, but—”

  “A yes or no is fine, Cynthia.”

  “I’m so sorry. Yes.”

  “Again, you’re new at this, so nothing to apologize for. We’re just having a polite conversation.”

  “Sure.”

  “Okay. Now, would you agree that you were under the employ of Brent Industries when you came up with the idea for this product?”

  “Yes, but—”

  “I just need a yes or no, so the yes was fine. And would you agree that you were under the employ of Brent Industries during the time you developed the product. Just a yes or no will suffice, Cynthia.”

  “Objection!” Tish stood up.

  Judge Winston furrowed her brow as she looked at Tish. “What exactly are you objecting to, Ms. McKenna?”

  “I would appreciate it if Mr. Capshaw would refer to my client as Ms. Riggs instead of acting like her friend and calling her Cynthia. He represents Peter Brent, who is definitely not her friend.”

  Spence nodded. “I apologize, your honor, and Ms. Riggs. I was
trying to put the witness at ease.”

  “And I would appreciate it if he would lean on something other than my desk,” said Tish.

  Spence stood up. “Not a problem.” He moved toward the jury box and leaned on the rail. “How’s this?” He turned to the jury. “Do you guys have a problem with me over here?” He smiled at the jury and a few of them laughed. The transit worker slapped his thigh, and Spence couldn’t help but notice the guy wore a gorgeous watch. Guess he blows all his salary on jewelry.

  “Okay,” said the Judge, “now that we’ve gotten rid of first names and the leaning arrangements, continue, Mr. Capshaw.”

  *

  Tish stormed past Shelley into her office, jaw clenched, eyes narrowed, as she put her briefcase on a chair and started stacking cardboard file boxes next to the bookcase.

  Shelley followed her into the office. “Good God, Tish, what happened?”

  “I’ll tell you what happened!” She continued stacking boxes. “Spence happened. I cannot believe what he did to my client.”

  “So…you’re remodeling?”

  “No, I’m blocking access to the air vent so Socks can’t get to him. If he thinks he’s going to spend time with my cat after that stunt he pulled, he’s got another thing coming.”

  Shelley moved forward and took her hands. “Hey, calm down. Now take a deep breath, sit down and tell me what happened.”