Victim of the Defense

by Marianne Woolbert-Maxwell

  She threw her legs over the side of the bed. Sleep would not be coming soon. She put on her house slippers and robe, walked over to her balcony, and eased the door open. It was a beautiful, quiet spring night. She lowered herself into a chair on the balcony, closed her eyes, and felt the breeze wash over her.

  In all the weeks she had spent training Craig Tarkington at the law firm to take over her job, she would have said he was too careful to do something like this. From her dealings with him, Tarkington was motivated by the desire to make people like him. She had noticed he made a point of giving little gifts to everyone in a position to help him, a gift certificate or maybe just a handwritten note. Just something to add a small final touch to make sure they had a good impression of him. It appeared he was sincere but it also seemed that maybe he wasn’t as self assured as he liked to portray. She also knew that he was a self-absorbed rich kid and he had plenty of women who would sleep with him just because of his name. Forcibly attacking a woman, leaving her battered, bruised and bloody, seemed like it wasn’t his style. But Megan didn’t know him that well. She didn’t want to see him in that light. Much to her surprise she’d liked Tarkington—up until now.

  Megan supposed there might be a chance that Lucy was lying, although if that was true she would have to be a tremendous actress. But instinctively Megan knew she was telling the truth. Megan had seen this many times and recognized what someone who had been raped looked like. If Megan decided to take on her case and mount a civil suit that would help Lucy get the money she needed to raise her child, she knew she would have to approach the situation carefully. Craig Tarkington, well-connected lawyer, grandson of a Supreme Court justice, accused of raping a woman and getting her pregnant would be explosive front page news if the suit couldn’t be settled quietly out of court.

  The firm had already been battered by press coverage of the lawsuit against them for wrongful termination. If the civil suit went to trial—and that was a big if, because it would most likely be settled out of court—but if it did go to court, the firm would send their army of lawyers to protect Tarkington and the firm itself, to protect Justice Tarkington’s reputation, and to destroy Lucy. Their public relations division would be in high gear. They would try to discredit Megan and Lucy any way they could.

  Megan sat listening to the silence, contemplating what would probably happen if for some reason Tarkington didn’t settle and she braved the firm with this case. She pictured it all, the negative publicity, the endless depositions, possible professional ruin for her. But then she remembered Lucy Hatfield.

  Megan took a deep breath. She would take this case. It would be hard but she was ready for whatever happened. She had her own reasons for wanting to take it on—reasons she’d been trying to put out of her mind ever since she stopped being a prosecutor and took the job at Tarkington ten years ago.

  She went inside, found a pad of paper and a pen, sat down at the small writing desk in her bedroom and began making notes. The best way to approach Lucy’s case would be to set up a meeting with Craig Tarkington. It wouldn’t be at the office—that was for sure. Despite the age discrimination lawsuit, she thought he would agree to meet. If he didn’t, she would be happy to feed him vague tidbits of information that would change his mind.

  CHAPTER FOUR

  Tarkington had been surprised when she called him. After basic pleasantries she told him she had something she wanted to talk to him about and suggested they meet at Reggie’s, a bar and grill on the south side of DC. It wasn’t a place where the elite dined, and that was why she suggested it. Tarkington had initially sounded hesitant but agreed to meet.

  Megan arrived first and located a booth in the back corner. It was a Tuesday night and the place wasn’t very full. She slid into the booth and waited. Before long she saw him come in and waved. Not much had changed. He still looked meticulous: expensive suit, nice tie, good haircut.

  “Are you trying to get me killed?” he said sliding into the booth. “This place is a dive.”

  He laughed and cast a glance around the room.

  “Well, it’s not the Ritz,” Megan said with a smile.

  “May I get you a drink while you look at the menu?”

  Tarkington looked up at the young waitress.

  “Scotch please.” He flashed his bright white smile, and then turned his attention to Megan. “So how are you? You know I could lose my job for being seen with you. “He leaned back in the booth and smoothed his tie. At eight p.m. he still looked crisp. Not a wrinkle to be found in his Italian suit.

  “I’m fine,” Megan said. She took a sip of her Coke. “Things are moving along.”

  “You know I can’t talk about your lawsuit against the firm,” Tarkington said.

  The waitress drifted up to the table and set his drink down. He smiled at her.

  “I’m not here to talk about that,” Megan said laughing.

  “You know I hate what happened to you and I wish I could help….” His voice trailed off.

  Megan looked at him, remembering how he hadn’t even glanced in her direction when she passed him while being escorted by security out of the firm after she was fired. Really, she wasn’t surprised. Most of the lawyers she knew at the firm were pretty self absorbed. They knew you when you were on top but if anything happened to sully your reputation they distanced themselves from you as if you had a contagious disease. They were all striving to make it to partner and wouldn’t let anything or anyone tarnish their efforts to get there.

  “How have you been?” Megan asked, trying to make small talk.

  “Great.” Tarkington flashed his biggest and brightest smile yet. “ So what’s going on with you? I was surprised to hear from you.” He rolled the scotch in his glass and took another sip.

  “I have a woman who contacted me.” She felt her stomach tighten.

  “New business?” Tarkington asked. “That’s great.” He raised his glass in the air and nodded.

  Megan paused. “It’s a pretty serious situation,” she said. “I wanted to talk to you about it for a variety of reasons. Hopefully something can be resolved.”

  “What type of case is it? Are you wanting my help? I can’t work with you because of the lawsuit but you could refer her to me.” Tarkington set his glass down on the table.

  “ It’s a combination of things,” Megan said, shifting in her seat. “Part paternity and some potential for a criminal and civil action.”

  Tarkington waved his hand in the air dismissively. “I don’t do that type of law. You know that, Megan. She needs one of those two-bit ham-and-egg attorneys downtown. Not a guy like me.”

  Megan could tell he had lost all interest in the conversation.

  “She says she knows you.”

  “Has the firm helped her out in other matters?”

  Megan shook her head. “ She knows you—personally. Her name is Lucy Hatfield.”

  Craig caught the eye of the waitress and held up his glass. He didn’t look at Megan.

  “ This is a rather sensitive subject and I hope you understand that I’m trying to help a client—and you,” Megan said.

  Tarkington looked at her. “So far I’m at a loss,” he said his expression flat.

  Megan could tell he was uncomfortable. She knew him well enough to see that his smooth veneer had a small crack.

  “So far, this seems like a waste of my time,” he said. The waitress appeared and placed his drink on the table. He grabbed it and took a sip and then reached into his jacket pocket and pulled out his phone to check the time.

  “You know, I’m a busy guy, Megan. Not sure where this is heading but it doesn’t sound like anything I’m interested in.” He leaned back and crossed his arms. “Cut to the chase.”

  Megan felt anger building inside her. “No problem,” she said. She leaned across the table and looked him straight in the eye. “Lucy Hatfield says she was in a study group with you to prepare for the bar exam and one night you raped her.” She could see Tarkington’s jaw ti
ghten. He broke eye contact with her and looked around the room. “She got pregnant and had a little girl. Your daughter.” Megan paused.

  Tarkington remained stone faced. A small vein protruded from his forehead. She could feel his anger.

  “She needs your help. Your daughter has some medical issues and needs your financial support.”

  Tarkington slammed his fist down on the table. Megan jumped back. Heads turned and people stared. He leaned in towards Megan. “ Listen to me,” he said his voice low and cold. “How dare you make such an allegation against me.” Quickly, he looked around the room to see if people were still staring. “I can’t believe you called me here for this shit.” He ran his hand through his hair. “Is this who you think I am? You have some woman show up on your doorstep and tell you this bullshit and you believe her? Against me?” He pointed at his chest. “You forget who I am.”

  “Craig, listen.”

  “No, you listen. I’ve defended you at the firm. They say you aren’t a good lawyer. That’s why they fired you. “He paused and stared at her. “But now I see they’re right. This proves it. “ He shook his head in disgust.

  “This could be a criminal matter as well,” Megan said quickly before his next explosion.

  Tarkington leaned in closer to Megan. “You tell your little white trash client that I don’t know her and I am sure as hell not the father of her kid.” He stabbed his finger into the table as he spoke as if punctuating his words. “She needs to be clear on that. If she continues this extortion bullshit I will take her down.” He paused. “And anyone who helps her.” His eyes bore into Megan. “I don’t know her,” he said as if talking to a child. “Got that?”

  Megan could see the rage in his eyes. He shot up from the booth and left.

  CHAPTER FIVE

  “May it please the court,” Brockton Mattingly said. At six foot five inches, he towered above those seated in the courtroom. A long-time friend of the Tarkington family, he had been called to represent Craig Tarkington in the matter with Lucy. Brockton Mattingly was a senior lawyer at Devereaux, Winston, Mattingly and Rigaud. The large firm was known in D.C. legal circles for their high-powered attorneys and their political influence. They were among the chief supporters of Justice Tarkington’s nomination to the Supreme Court. Brockton Mattingly had been with the firm for over 29 years and was a partner. He was known to be a formidable opponent in the courtroom and very knowledgeable about the law. The fact that he had been hired at this stage of the game—so far all Megan and Lucy had done was file a suit for paternity hoping that that would motivate Tarkington to settle—showed that Tarkington and the firm were taking this seriously. The paternity suit hadn’t motivated Tarkington to settle. Megan wasn’t surprised.

  Megan and Lucy sat back and listened to Mattingly’s opening remarks. Megan knew he would be long winded and really say little in the end. She looked at Lucy. She knew Lucy didn’t like even being in the same room as Tarkington; this was the first time she had seen him since the rape. “My client objects to the paternity testing for a variety of reasons, Your Honor.” Mattingly picked up his notepad and adjusted his half glasses.

  Megan and Lucy looked at each other.

  “My client does not feel that the agency the plaintiffs have chosen to conduct the testing is appropriate, Your Honor.” Mattingly flipped through the pages on his legal pad. “It appears there have been various complaints filed by individuals who have employed this company claiming improper testing procedures and incorrect results.” He paused and cleared his throat.

  “Ms. O’Reilly?” Judge Kendall said.

  “Judge.” Megan stood up. “Camden Labs has had some complaints filed against it but they have all been dismissed or resolved. They are still considered one of the best in the field.”

  Judge Kendall looked back to Mattingly.

  “Nevertheless, Judge, my client has concerns. There have been complaints filed and that does say something.”

  Judge Kendall folded his hands and peered down his nose at Mattingly .

  “Mr. Mattingly, are you saying that any company who has a complaint filed against it is suspect and should be immediately ruled out?”

  Mattingly shifted from one foot to the other. “No, Judge. I ‘m just saying that we must give close scrutiny to any blemish a company may have.”

  Judge Kendall sighed. “Unless there is something huge here that I’m missing I’m not sure why we’re having this discussion. It looks to me like the company has had some issues but they have all been resolved and the company is clear.” He scratched his head. “Am I missing something, counsel?”

  “You’re assessing it correctly, Judge,” Megan said, rising from her chair. “The company has a high rating and is respected in the legal community.”

  “Request to change the paternity testing company denied. What else do you have, Mr. Mattingly? Is that it?”

  Mattingly rifled through his paperwork. “Judge, there is one thing that just came to our attention.”

  Megan felt her heart sink. “There’s nothing else that Mr. Mattingly listed for hearing today, Judge.”

  Judge Kendall let out a sigh. “Well, we’re here and this matter needs to get moving. What is it, counsel?”

  Mattingly dug through his files and pulled out one sheet of paper.

  “We have a technical issue, Judge.”

  Judge Kendall peered over his glasses at Mattingly.

  “By statute, for paternity to be established an action must be commenced before the child’s second birthday.” Mattingly looked at Megan. “It appears that this action is too late. My research shows me that the child turned two on January 6th of this year. The action was commenced on January 10th. In light of that we ask that the matter be dismissed.”

  “Judge, this issue isn’t scheduled for today and hasn’t been mentioned until now.” Megan could feel her insides churning.

  “We are here, Ms. O’ Reilly. Let’s see what we can get done,” Judge Kendall said. “If you need more time I’ll consider that.”

  Megan could see Tarkington smiling. She grabbed her file and went through the papers, found the paternity petition and checked the filing date and Lauren’s birthday. She found the calendar on her phone. The room fell silent. Megan leaned over and said something to Lucy. Lucy nodded.

  Tarkington and Brockton smiled. Megan reached into her briefcase and pulled out a small book. She thumbed through it until she found what she was looking for.

  Your Honor,” she said standing. “I have addressed the issue before the court and in looking at the Rules of Procedure Rule 11 it would appear that we are timely filed with two days to spare. The rules provide that we do not count certain holidays and days recognized as holidays by the court when calculating time frames involving a statute of limitation.” Megan went on to explain how she arrived at her calculation. As she finished she cast a glance over at Mattingly and Tarkington. Their smiles were gone.

  Judge Kendall looked over at Mattingly. “Mr. Mattingly, the court has considered your requests and the evidence provided. Your requests are denied. Get your client to Camden Labs in the next ten days for the paternity test. This matter needs to get moving. Court adjourned.” Judge Kendall cracked the gavel.

  CHAPTER SIX

  “Take a look at that,” Brockton Mattingly said, tossing a piece of paper in front of Megan.

  She reached over and picked it up, studied it, then placed it back on the table.

  “Tarkington isn’t Dad.” A smile etched its way across Mattingly’s face.

  Two weeks ago the paternity test had come back, establishing Tarkington as Lauren’s father. Megan and Lucy had been ready to move on and get a hearing date but when they presented the results to Tarkington’s lawyer, he demanded another paternity test—this one done by a company of Tarkington’s choosing. Megan wasn’t happy but she knew the court would allow the test since Tarkington was willing to pay for it. Megan had been confident the second set of results would be the same.


  She looked at Mattingly’s test sheet. There it was in black and white: Tarkington wasn’t the father. “Not possible,” she said pushing the paper across the desk towards Mattingly. “You people probably had this printed up by someone.” She leaned over and looked at it again. “I don’t recognize the testing company.”

  Mattingly walked around his desk and sat on the edge. He picked up the paper and held it out in front of her. “Subject is not the father of the child.” He dropped the paper back on the desk.

  Megan knew that with enough money you could buy someone who would say just about anything you wanted them to—but this was still a shock.

  “Maybe your client needs to rethink her position.” Mattingly rubbed his hand on his cheek and sighed.

  Megan stood up. “I guess we’re heading for a third test.”

  Mattingly laughed. “I don’t think so. Tarkington isn’t shelling out money to pay for yet another one.” He shook his head. “We won’t just keep testing until you get the result you want.”

  “Who said we’re asking him to pay?” Megan shot back. Her eyes bore through him.

  “Your client doesn’t have the money to pay for another test,” Mattingly scoffed.

  “I’m filing a petition with the court for another test.” Megan turned and started for the door.

  “We’ll object,” Mattingly said, raising his voice. “No judge is going to play your game.”

  Megan turned and looked at him. “The judge isn’t going to play your game, Mattingly.” Before he could say anything she was gone.

  Megan filed a petition for a third paternity test and Mattingly shot back with an objection. The judge who would hear this case was Dick Clouse. At 68 he had been on the bench for over forty years and ran his court with an iron fist. Five foot six and balding, brilliant minded but volatile, Judge Clouse had earned the reputation of being highly emotional and easily triggered by attorneys and their questioning of his rulings. Many people said he was not of judicial temperament but the political machine had put him in office. The really good lawyers had learned how to handle him.