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Authors: Shlomo Wexler

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Leonard
asked further, “When was the data transferred from the defense?”

The
clerk replied, “I received the data at 9:00 AM and placed it in the lockbox to
which I alone have a key. Since it was Friday and the court building would be
closed, I requested the police department to safeguard the evidence until
Monday. A copy of the list of the defense evidence was transferred to the
prosecution by the court at 10:00 AM Monday. I advised the prosecution that they
had to acknowledge the document before 2:00 PM.”

Leonard
asked, “Did any members of the prosecution request to examine the defense
evidence before it was sent back to the police?”

“Yes,”
she replied. “A young man came from the DA’s office who said he was a paralegal
who was asked by a member of the DA staff to study the new evidence.”

“Did
he study the evidence by himself?”

Mrs.
Sanders said, “Yes, he would not be allowed to take it out of the court
building. He looked at the pictures for about a half hour and then asked if we
have a recorder to listen to the tape.” I told him that I had never seen such a
tape before and we couldn’t provide him with a recorder that would play it. He
then returned the evidence to me and later it was transferred back to the
police department.”

Leonard
thanked the secretary for her help and asked to call his next witness, the paralegal,
Ruby Clark, to testify. His name was on the list of defense witnesses that was
submitted to the prosecution. Ruby was about 23, tall and thin and was very
nervous about the testimony. Both he and Ackerman understood the implication of
the testimony. It would indicate that someone in the DA’s office was negligent
in his duties to examine all of the defense evidence.

Immediately
Ackerman rose and turned to the judge. Realizing that his case was completely
lost, he said to the judge, “Your honor, on behalf of the DA’s office, I wish
to withdraw the indictment against Mrs. Adler at once.”

The
judge answered, “To withdraw an indictment in middle of a case you need an
approval by the judge conducting the trial. It may be important for you to hide
your incompetence in the DA office, but I have no intention of letting you drop
the case before the defense witnesses are heard. Mrs. Adler was publicly
accused of a crime and should be given a chance to defend herself in public. I
will not allow the case to be dropped until the defense rests its case.”

Chapter Twelve

 

Shulamit settles her claim against Finkel, Nash.

Aaron becomes the rabbi of Ahavat Achim in
Philadelphia.

Shulamit gives birth to a son.

 

 

 

In
the courtroom, a number of reporters ran out of the room to call their papers
that Mrs. Adler was about to win her case. In the next two hours, the court
heard how Amanda had run out of her office when she heard Shulamit yell at John
Pearson not to dare hit his wife again. Mrs. Pearson was also yelling to her husband
not to hit her again or she would tell the attorney how often he had beaten her
in the past. Amanda explained that the camera had a new technology that allowed
a built-in tape to record a minute of sound on tape whenever a picture was
taken or even before. She had carried the camera around her neck and turned on
the sound immediately. The camera itself was not yet sold publicly by Telacomp.
Rather it was given in beta version to Shulamit by her father, the owner of Telacomp,
Abe Levine. Mrs. Collins then said that the defendant gave her the camera as a Christmas
present. She added that she was a camera buff and learned how to operate it and
always carried the camera with her.

Mr.
Leonard told her that a screen was set up in the courtroom, and he would like
her to show pictures 15 and 16 in the album on the screen. Amanda complied. Picture
15 showed clenched fist of John Pearson aimed at the face of his wife. Picture
16, timed a second after picture 15, showed the clenched fist hitting the jaw
and nose of Pearson’s wife. Amanda also showed picture 17, which showed Mrs.
Pearson lying on the floor and bleeding heavily.

Amanda
then said, “I am turning on the tape to hear John Pearson threaten his wife and
Mrs. Adler. The tape is timestamped a few seconds before Mr. Pearson hit his
wife a second time.”

The
tape recorder was attached to a microphone in the courthouse. The sound started
with Mrs. Pearson and Mrs. Adler yelling at Pearson not to hit Mrs. Pearson
again. The next sound on the tape recorded the voice of Mr. Pearson yelling at
his wife to keep her mouth shut or else he would finish her. He then continued
and yelled, “Stay out of my business, Jew lady. When I finish with my wife here,
I’ll take care of you next.” The next picture on the film, number 18, showed Mrs.
Adler striking Mr. Pearson on the head with the tack hammer. Leonard turned the
screen so that the audience could see the sequence of pictures and once again
the judge had to bang his gavel to maintain order in the court.

Leonard
next turned to the judge. “We have Mr. Abe Levine listed as the next witness
and his testimony will take an hour. I think we may forego his testimony about
his new camera because it will not affect the outcome of the case. The defense
wishes to rest its case.”

The
judge thanked Mr. Leonard for his consideration and called the jurors to
attention. “Men and women of the jury, I am empowered by my office to direct
the jury to return a verdict of acquittal when the evidence for the defense is
overwhelming. I am not here to waste public resources. I direct you to cast a
vote for not guilty in favor of Mrs. Adler. Members of the jury are hereby
dismissed and I thank you all for the time you spent.”

After
the bail money was returned to Shulamit, she refunded the money to her father
who had been present at the trial. Rabbi Adler who was also present took
Shulamit home together with the nurses. Abe Levine drove in his rented car to
the apartment to join in the victory celebration. For the next few days,
Shulamit went to work in her private ambulance. The doctor released all of her
nurses as Shulamit became stronger by the day.

A
week later, the ax fell. Shulamit was summoned to the office of Albert Nash for
a private conference. She had never spoken to the director alone and was
nervous about what he would say to her. After a few preliminary questions about
her health and work, he came to the point.

Albert
said to her, “I read the
Inquirer
this morning, and I was happy that
your name did not appear on the first page. It may have appeared elsewhere, but
I didn’t have time to read the whole paper this morning. I have been receiving
complaints all week from the senior partners who resent all the attention you
are getting. One of them complained that when he told a woman that he works for
Finkel Nash, she said you are really lucky to be working with the Rebbetzin.

“My
own experience was even worse. When I advised a potential client that I am
associated with Finkel Nash, he asked me if I work for the Rebbetzin. I had to
explain to him that the Rebbetzin works for me, although it might not seem that
way from the papers. It appears that you are distracting the public from
considering our company as a serious law firm with many hard-working and
capable attorneys.

“Mrs.
Adler, your maternity leave is due to start in less than a month and you are
expecting a very fine child who will be seeking your attention for a very long
time, far longer than the maternity leave you have requested. I respectfully
suggest that you should consider becoming a full-time mother. Finkel Nash of
course will compensate you with a very generous severance pay.”

At
this point Shulamit dropped her self-control and any vestigial respect that she
had for Albert Nash. She said in a loud voice, “There’s no reason for me to curtail
my career for a few grouchy partners who are driven by jealousy. Every single
one of them has benefited by my working at this company in the last half of the
year. Sales and net income of Finkel Nash have increased during this period by ten
percent. Although you have hundreds of lawyers fewer than Haber Green, the firm
has closed the gap in income between you and the largest firm in Philadelphia.
You have overtaken five larger firms that ranked between you and Haber Green.”

Shulamit
was quoting from a yet unpublished report that she had been given by Andrea
Cohen in an industry magazine called
Philadelphia Legal Scene
. The
report was a survey of the popularity of various firms in Philadelphia that
sought to check name recognition of the various city law firms. In a random
survey, two hundred adults were asked, “If you needed the help of a law firm on
a serious matter, which firm would you consult?” More than 70% listed Finkel
Nash. A similar survey taken a year ago showed that only 5% mentioned Finkel
Nash. “Since I started working here, your income and public recognition has
increased tremendously.”

Albert
Nash was angry at Shulamit’s knowledge of the truth. “The partners can’t help
it if you have nicer features then they do.”

“I
am also smarter than most of them too. They earn a larger share of the firm’s
profits, yet they begrudge the work of the rainmaker who brings them their
newer clients.”

Shulamit
calmed down somewhat and asked Albert Nash, “How much severance pay are you
ready to offer me to quit?”

Nash
answered, “We certainly will offer you a full year’s salary.”

Shulamit
answered, “That’s peanuts and I don’t need your money.” As she said that, she
pulled out a letter from her folder and showed it to Albert Nash. It was
addressed to the Rebbetzin from the managing director of Haber Green and read
as follows:

 

Dear
Rebbetzin Adler,

I have heard that some of the partners at Finkel
Nash are unhappy about the extent of publicity you are receiving. At Haber
Green, our partners are all members of one united team. We do not begrudge the
success of other partners or associates. I regret very much that you did not
accept the first offer our firm made to you before you even graduated. Now that
you have proven your capabilities, Haber Green will update its offer. When you
complete your maternity leave, we will invite you to assume a full partnership
at Haber Green at a fixed starting salary of $200,000 a year with the
possibility of profit-sharing. Your office will be more ample and your working
conditions will be substantially better. This offer is good for the next ten months.
Please let us know of your response.

                             

Albert
Nash was shaken up by this offer from his golfing partner. “I guess,” he said
sadly, “there is no honor among thieves. Are you planning to take them up on
it?”

“Not
until I settle accounts at Finkel Nash. I have a pending lawsuit against the
firm and its partner, Michael Wolf, for endangering my life and the life of my
fetus. As you know a fetus may sue for damages, and he is genetically a very
special kid. His grandparents are both PhD’s, his mother is a lawyer, and his grandmother
is a university lecturer. His father is a direct descendent of Rabbi Nathan
Adler, the founder of the great rabbinical dynasty in the British Empire. Two
of Nathan Adler’s descendants served long terms as chief rabbis of England, and
my dear husband Aaron was the number one student in his yeshiva. With a genetic
heritage of that caliber, I would sue Finkel Nash for 2.5 million dollars for endangering
the life of my baby. In my case, the judge of my trial conceded that I acted in
self-defense after being threatened by a violent criminal who was sent to my
office by an irresponsible and lazy partner at Finkel Nash. I can readily
estimate my income for the next forty years, not counting beyond the offer of
Haber Green, is close to fifteen million dollars. Since the act of the partner
at Finkel Nash was grossly negligent, you might add punitive damages of ten
million dollars. Rounding out my law suit, I would sue for twenty-five million
dollars. What is more, Bill Mazer, who is excellent in litigation, has
volunteered to take my case without commission. Remember, some of your partners
can’t litigate their way out of a paper bag.”

Albert
Nash turned pale. People often sued lawyers for malpractice for extravagant
sums without any real hope of winning such vast settlements. However, in the
case of Mrs. Adler, he had to assume that she would win her claim in full.
Between her and Mazer, they had an unbeatable team. The firm did not have
anywhere near the amount mentioned and Finkel Nash would go into bankruptcy if
the court awarded the full amount.

Albert
Nash spoke quietly to Shulamit. “Don’t exaggerate your chances, because
anything can happen in a court of law. You would be lucky to get a verdict of more
than one million dollars. Furthermore, Bill Mazer might not be inclined to take
your case. Your so-called friend is about to announce his engagement to your longtime
friend Andrea Cohen, and I suspect that the announcement will create a rift in
your relationship between you and your friends. On my own authority, I am
willing to settle your case for one million dollars if you will drop your plan
to sue Finkel Nash.”

Shulamit
was shaken by the revelation that her best friend had conducted a romance
without informing her. She sensed that Andrea was reluctant to confide in her
out of fear that she might tell her some bad things about Bill Mazer that would
discourage her. Nothing could be further from the truth. Shulamit had assumed
that Andrea presently wasn’t interested in love or marriage. If, however, she
were looking for someone, Bill Mazer would be a perfect match for her and she
would have encouraged Andrea to pursue him. He was a man who enjoyed life and
Andrea would have a good time with him. Shulamit resolved to defer the subject
until a more appropriate time after she was finished with Albert Nash.

“With
or without Bill Mazer, I am confident I will win my case or reach a settlement
with you far beyond what you are now willing to offer. Incidentally, I happen
to know that Finkel Nash has reserves of well over ten million and would not go
bankrupt with a decent settlement.

“However,
I am willing to forego my lawsuit – if the firm will honor my request for
certain changes. I have a list of things that would satisfy my needs.”

Albert
was relieved that the possibility of a settlement was being considered. “Why
don’t you write out what you want and I will convene the executive committee to
decide upon your request.”

Shulamit
answered, “I already have such a list and I will read it to you and give you a
copy.”

Shulamit
read the list slowly.

 

1.
          
My employment with Finkel Nash
should be guaranteed as long as I am willing and able to work for this firm.

2.
          
That a gentleman by the name of
Michael Wolf be retired from the company, because he is a lazy lout and has no
will to do his work.

3.
          
That the work of Andrea Cohen be
safeguarded in her current position for no fewer than five years.

4.
          
That at the end of one year of
working at Finkel Nash, I be elevated to the position of partner at a salary of
not less than $200,000 per year.

5.
          
That Amanda Collins will serve as
my secretary as long as she is willing and able to do so.

6.
          
That I receive compensation for
the threat on my life and my own physical and emotional suffering and for the
threat on the life of my child, in the amount of six million dollars.

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