Read The Jezebel Remedy Online
Authors: Martin Clark
“I think it's wrongheaded and bizarre. Most important, if this woman is in fact alive, we should have a right to depose her, question her and have her subject to cross-examination at trial.”
“Two points,” Williams said. “First, if Miss VanSandt is alive, there won't
be
any trial, much less any cross-examination. Exactly what would you ask her, Mr. Nicholson? âYou sure we can't just keep your billion-dollar invention, ma'am?'â” Williams paused, slightly bowed his head. He looked directly at Klein. “But to sweeten the bargain, we've already answered the majority of the defendants' requests for admission, document productions and interrogatories. In particular, we have admitted virtually all the document-intensive issues, such
that the trial will be streamlined and Benecorp's evidentiary load will be lightened. We will agree that Mr. Garrison's testimony from the disciplinary hearing can be read to the trial jury by transcript if they would prefer to save him a trip to Henry County. We have admitted the authenticity of all bank documents. We have admitted that Mrs. Stone was in Nassau on the day in question. We have admitted the phone calls to Mr. Pichler are true and accurate recordings. We agree they can simply hand that information to the jury without any further foundation or proof. We will tender that signed and sworn discovery to the Court, but ask it not be considered formally filed and entered as a part of the record until we have a chance to produce Miss VanSandt.”
“Have you answered or responded to every single item?” Nicholson asked.
“No,” Williams replied. “We both know a few interrogatories simply aren't proper, and we can revisit those if Miss VanSandt doesn't appear. We've disputed a couple production requests, and several minor questions we just haven't gotten around to answering. But my goodness, we're giving you documents from Bahamian banks you probably couldn't establish otherwise. We're conceding entire chunks of your counterclaim. Stated differently, we're giving you ninety percent of why we're here today in exchange for a few weeks' delay. More to the point, it doesn't serve either side's interest to litigate a case for absolutely no reason. If Miss VanSandt is alive, we're spinning our wheels.”
“So Judge Klein won't misconstrue your generosity, I think I'm accurate in saying that Mr. Anderson has visited the Nassau bank and spoken with the manager, Mr. Pinder, who confirmed the Bahamian end of the transaction. While we appreciate not having to get Mr. Pinder here in person, let's be clear that you're not giving us much of anythingâwe all understand that Mr. Pinder will vouch for the accuracy of the Bahamian documents.”
Klein set both elbows on the smooth wooden ledge in front of him. He arranged his chin on two loose fists. “Does Section 8.01-271.1 ring a bell, Mr. Williams?” he asked.
Williams chuckled. “Oh, yes.”
“Good. Good to hear. I'll give you your chance to bring Miss
VanSandt back to life, but if you don't pull that necromancy off, well, then you and your client will be looking at sanctions, both monetary and evidentiary. You'll pay all attorneys' fees and costs for Benecorp related to this grand detour, plus a punitive amount. Every dime, from mileage to lunch to tolls. I'll hold the discovery you've submitted in abeyance, but should Miss VanSandt remain unavailable, you and your client will pay all costs associated with any subsequent discovery hearings.”
“We understand,” Williams replied.
“One more ground rule,” Klein added, still propped on his elbows. “Should this go awry, or prove to be a hoax, I plan to grant other âappropriate sanctions' as the law allows in terms of the trial proper. You will start well behind the eight ball, if not underneath it.”
“Acknowledged,” Williams said.
“Note our objection,” Nicholson added.
Klein took down his elbows and sat normally. “Now, Mr. Williams, I want you to file a formal written motion containing everything you just told me and ask for a delay. I also want you to file a formal written request for production from a person not a party and have it served on Miss VanSandt, or accepted by her at the time of her test. We'll see if she indeed consents. As you requested, this will simply be judicially supervised discovery, no more and no less. Since Neal VanSandt is a party, he's expressly subject to Rule 4:10, and it would seem he'll have to produce a sample, though he and his lawyer will have an opportunity to respond and be heard if he objects.”
“Yes sir,” Williams replied. “Understood.”
“I'll simply postpone ruling on our other issues and the various motions until we see how this resolves,” Klein said. He finger-scrolled through a smartphone, spoke while he was still reviewing the screen. “The big show will take place on September twenty-eighth at four in the afternoon. I'll confirm the labs, location and particulars the day before so we can arrange for the video.”
“Judge, one final request,” Williams said. “As odd as this may sound, even though this isn't being done in court per se, could you please wear your robe? My client thinks it might help calm and reassure Miss VanSandt.”
“Why not?” Klein answered. “Would she like me to don a powdered wig and buckle shoes as well?” “Pahduhedwig” was how it sounded when he said it, the words and syllables rolled into one quick burst.
“What a bizarre day,” Joe remarked as they were returning to their office from the hearing with Judge Klein. It was raining, drab, damp, the sky a uniform, foggy gray. The first cool pinch of fall was mixed with the wet air. “Hard to believe summer's gone. Found the first cocklebur in Sadie's forelock yesterday. My granddad always said that meant fall was coming. It was spring when âthe buds were the size of a possum's ear.'â”
“Robert did a great job for us,” Lisa said quietly. “And we seem to have a fair judge.”
“What are the odds of pulling this off? Of her paranoid ass showing up?” Joe frowned. “We have a few weeks to get her to a precise spot at a precise time, and we basically have no reliable way to even contact her.”
“But she's been more consistent and talkative on Wireclub. Three exchanges in two days, and she's supposedly on board for the DNA test. She agreedâotherwise I never would've allowed Robert to make our pitch to Klein. Ohâinstead of walking to the coffee shop every five minutes to use their computer, I've recruited the manager to check the Wireclub site during the day and let me know if there're any new posts.”
“He probably thinks you're having an affair or hiding money from me.” Joe was driving. They were coasting into a red light, and he glanced across the interior at his wife. “At least I figure Lettie's actually out there somewhereâwho else would've known about the lewd Pekingese joke? She told it to me at our office a month before she went missing. Of course, I'd feel a ton better if I could figure out
how
she's not dead. Either Benecorp bribed a lab employee or there's a colossal mistake or Lettie and Vic Frankenstein have been doing some grave robbing. At first I thought it was strange that Agent Hatcher delivered the items to be tested, but the sheriff told me he asked Hatcher to drop them off since the little wannabe was heading home to Roanoke anyway.”
“Hatcher's a jerk, but why would Garrison stage her death if he really sent people to kill her?”
“Beats me,” Joe said.
“How's it go?” Lisa asked. “The joke.”
“You don't want to hear it,” he said ruefully but managed a tiny smile. They were stopped at an intersection. Nearby, a sandwich shop had closed and left its building empty. A letter was missing from the restaurant's sign.
FRIÂ Â AYS SUBS
it read, a blank where the
D
used to be.
“Glitches and gremlins,” Phil Anderson quipped. “The logistics of the DNA test are proving to be an unexpected bear.” He and Robert Williams were with the Stones in their conference room. “Lettie's big event is scheduled to go in a week, at four o'clock,” he continued. “Nicholson and I conference-called Judge Klein this morning. Nothing's ever easy in our business, is it? Seems DNA comparison isn't quite as simple as a drug analysis or a Breathalyzer. Based on what Klein's clerk has learned, we're looking at two days minimum for the results, and the lab is stationary. The best they could do would be to send a tech to collect the swabs. The judge says the amplification aloneâwhatever that isâtakes several hours. There's robot extraction and computers and all kinds of rocket-science mumbo jumbo. I've had my paralegal researching reputable labs and DNA techniquesâwe need to be aware of any vulnerabilities in the processâand he basically confirmed Klein's information.”
“I'm embarrassed not to have known,” Williams said sheepishly. “We, uh, just see the certificates in the court file. We check chain of custody and talk to the tech. They make it sound quick and routine.”
“Yeah, I thought it was faster than forty-eight hours,” Joe said. “I can remember the commonwealth's attorney asking for rush jobs, and I just assumed it would be a few hours, half a day tops. I didn't know, either. It's not on our end of things.”
“This is a serious setback,” Lisa said. “Bad news. Damn. The lab might spook Lettie. Will Klein still monitor it? Will he be there in person?” She squeezed her eyes shut, kept them closed. “And how in the
world do we secure the samples and protect the whole testing procedure?” She opened her eyes. “We absolutely can't chance leaving the saliva unattended on some tech's desk for hoursâBenecorp would have a field day.”
“I hear you,” Anderson agreed.
“So?” Joe asked.
“Here's the new program, pending your approval,” Anderson said. “You gotta like Kleinâat least he's creative and has a sense of humor. We'll only run a single test, not two. He'll use the state forensics lab in Manassas. So much for keeping the lab's identity under wraps. He'll be there to observe everything as we originally discussed. After the swabs are taken from Lettie and her son, each side can hire an expert or cop or whomever to babysit the samples, literally spend the night at the lab and monitor every step in the analysis. Since this intrusion itself will introduce a new variable into the state's security and the integrity of the thousands of samples already there, we'll have to pay overtime for the lab's own security to supervise our people and make sure they don't compromise anything. A lot of moving parts, but very doable. Believe it or not, Klein himself prevailed on the lab's director to make the exception for us.”
“Why's that funny?” Joe asked. “Sounds nuts and bolts to me.”
“Oh, yeah, sorry. Klein said to tell the resurrected Miss VanSandt that he'd be bringing his robe but not his pajamas. He doesn't plan to stay for the full two- or three-day testing process.”
“Wow, better hold the pimp spot at the Comedy Corner,” Joe remarked. “Hysterical.”
“A high-water mark for a Virginia circuit judge, though,” Anderson said. “What'd you expect? They aren't, generally speaking, a comedic group. And don't worry, I let on like he was the funniest dad-burned guy on the East Coast, made sure I outdid Nicholson with my belly laughs. I'm a full-service practitioner and a skilled sycophant. Cover all the bases for my clients.”
“Lisa, can you make new arrangements with Lettie?” Williams asked. “Have you had any more contact?”
“It's always a crapshoot,” Joe interrupted. “Lettie was pretty active for a while on Wireclub, and she agreed to the DNA plan; Lisa copied
you both with that post. Now she's disappeared again. We've been sending up flares everywhere, even tried Token Rock's Facebook page. We'd always assumed Klein would run the test somewhere in Northern Virginia, so the plan is for Lisa to drive up the day before and scout things out and do her damnedest to find and protect our girl. It can't hurt to have Lisa on the ground where this is happening.”
“You're the expert on all things VanSandt, Joe,” Williams remarked. “You're her best friend. Hell, her only friend. If you can't manage her, it's a lost cause.”
“Actually, she's very buddy-buddy with Lisa ever since she vanished. I'm off her favorites list these days for some reason.”
“I realize,” Anderson said, “that if she's as paranoid as I've be told, the last-minute change might rattle her. But the truth isâand the four of us understand thisâthere's rarely an important trial or huge case that doesn't have a crisis moment. A tree falls in narrow quarters, and we have to change plans and reroute the stagecoach through Tombstone. It's never routine, ever, no matter how many times you read the file and interview the client. You and Lisa need to convince Miss VanSandt that the run-up to court is frequently full of zigs and zags and amended pleadings and second acts and witnesses with mutating stories. We're fortunate hereâwe've got an engaged judge, we caught this early and we can correct the problem. I'm counting my blessings.”
“Yeah,” Williams agreed, “I hope this is the worst problem that comes along.”
“So can I tell Klein you're signed off on this?” Anderson asked.
“Yes,” Joe said.
“Not much choice,” Lisa added unhappily.
“The video people will be here early on the twenty-eighth,” Anderson noted. “They'll set up, connect everyone and check the audio and picture. Nicholson will be participating from Norfolk with MacDonald. Ohâthe judge wants to move the time, to do it in the morning, so potentially there'll be only a single night at the lab before the results are ready. Klein also hinted the lab folks might be able to work past regular hours if they're close to a final report.”
“Changing plans isn't great for us,” Lisa cautioned him. “We need to
keep as close to the original scenario as we can. How about we try to have Lettie there by eleven-thirty? That'll give us some margin of error if she needs persuading or is delayed. As it stands now, she's planning on four. We may never hear from her again.”
“Eleven-thirty it is,” Anderson said. “I'll shoot you the directions to the lab by e-mail. Robert and I will be here, at what, around eleven?”
“Fine by me,” Williams answered. “Who do we send as our observer? Hell, who can we get there on such short notice?”
“Derek?” Anderson suggested.
“It's not so much about computers,” Williams mused. “This is more in the subterfuge, black-arts department.”
“Toliver,” Joe said emphatically. “He'd be perfect. You agree, Lisa?”
“Yes. So long as he and Lettie don't cross paths and he's there just to safeguard the samples and watch the process. To mollify Lettie, we need this to come off as close to the original blueprint as possible. Lord only knows what she'll think if she sees Toliver sitting there with the judge. It's more likely than not she's had a feud with him somewhere along the line, and we don't want another fly in the ointment.”
“I'll contact him and see if he'll go,” Williams said. “He's as good as we can hope for. And maybe we
should
have Derek in the vicinity too. I'm not sure how the test and analysis work, obviously, but it couldn't hurt to have him keep a cybereye on things.”
“Okay,” Joe said.
“This is it, guys,” Anderson said. “All fair, all square, all in, all done before I drop the gavel and the bidding ends? No turning back after I confirm with Nicholson and the judge.”
Joe hesitated. “Lisa?”
“Lock us in,” she said.
Lisa went to bed early that night, frayed and fatigued at nine o'clock, and she didn't stir until the alarm buzzed at seven, woke with puffy eyes and red pillowcase marks lining her cheek. Joe was already in the bathroom, naked, his hair wet from the shower, standing in the middle of the tile floor flossing his teeth, shaving cream dotting his ears, a red nick on his neck. His belly was slack, pooched, and he straightened
and sucked taller when he saw her. “Looking sexy this morning,” she teased him.
“Don't you know it. No way to keep it in check.” He grinned. “When's the last time you slept until the clock went off?”
“I can't remember. It's been years. Maybeâ” The bedroom phone rang, and she picked it up. Her expression quickly became excited, and she motioned in Joe's direction, frantic. “It's her,” she whispered, almost hissing. “Hurry.”
Joe took the phone. He'd left the bathroom and was standing in front of Lisa, a towel wrapped around his waist, watery tracks across the floor to where he'd stopped. “Hello?”
“It's me, Lawyer Joe. Lettie. Gotta talk quick before they can beam in on me. Listen, you need to meet me at Arnie Pruett's farm at five in the mornin' to carry me to the test. Five at Arnie's on the twenty-eighth, the day we go. Make sure you bring help and plenty of weapons.” She pronounced the last word “wheapons.”
“Okay. But Lettie, hold on, wait, don't say anyâ”
“And I need money. Send me a hundred dollars to the Western Union in Myrtle Beach. Under the name Sue Woods. Take the money from the case I won against them bastards in Salem. Them lightbulbs.
That
place. You with me? You understandin'?”
“Yep. Understood.” Joe had turned the phone so Lisa could hear the voice on the other end. “Done,” he said confidently.
“Five in the mornin'. Fingers crossed.
Adiós
.” There was a bump, as if she'd dropped the phone, and the call cut off.
“Was that her?” Lisa asked anxiously. “Could you tell?”
“It surely was,” Joe said. “What a relief. What a friggin' relief.” He did a little dance, flexing his knees and kicking his feet to the sides.
“Then we have fairly good news and also extremely troubling newsâshe's definitely alive and happy with the plan, but now Benecorp will be on her like nobody's business. They'll nab her when she tries to get the cash or meet at Arnie's. Two chances to derail us. She's walking right into their sights.”
“Ask yourself,” Joe said calmly, “why this paranoid, elusive, crazy-like-a-fox woman, who has been so scarce, who's only communicated by letter or the occasional chat room message, suddenly changes
course and calls us and lays out her movements in detail. On our
home
phone, after alerting us to the fact she realizes the call's being traced and almost certainly intercepted.”
“What's the number on the caller ID?”
“It's blocked, but that's not the point. Give her some credit. First, she hates Arnie, probably more than she hates anyone. She's barred from going on his property. He had her served with a no-trespass notice in 2010. That's a ruse. A decoy. It's the last place she'd pick.”
Lisa nodded. “Ah, okay.”
“As for the money, well, there is no money. The âSalem bastards' would be the Salem True Value hardware store. She bought four economy lightbulbs there. The packaging claimed they'd last for a year. Lettie kept track of the hours she used a bulbâwrote it down on a calendarâand it burned out short of a year. Of course, then it was lawsuit or bust for her.”
“Oh, yeah, I remember that fiasco.”
“Salem is basically on the way to the lab. I have a feeling she'll be there, at the store in Salem, at five in the morning on the twenty-eighth. âFingers crossed' can also mean she's telling a lie, the way kids do, âI had my fingers crossed behind my back.' She had to talk to me, because you wouldn't have known her history and picked up on her clues.”
“All the free work and wasted time finally pay off,” Lisa said. “The dividends have arrived.” She smiled. “So what's the plan?”