Final Exam: A Legal Thriller (57 page)

BOOK: Final Exam: A Legal Thriller
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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 Greenfield 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.
 

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