'So it stands to reason, doesn't it… I mean, you'd agree with me that if you didn't consider all the relevant facts, you'd have a bad claims investigation, wouldn't you?'
Jack says, 'I'd want to consider all the relevant facts.'
'And did you do a good job on this investigation, Mr. Smith?'
There's no playing around with that question, Jack thinks. It's an ultimate question, a barn burner. You say anything but yes, the case is over.
'Yes, I did.'
'You considered all the relevant facts before you made the decision to deny my client's claim?'
Jack can feel the bullet going in, but there isn't a damn thing he can do about it.
'I believe so,' he says.
'Okay,' Casey says. 'Did you know at the time you made the decision that the Sheriff's fire inspector had taken debris samples from the house?'
'No.'
'So you didn't consider that fact, did you?'
'The inspector told me on the first visit to the house that he had already established a cause and origin. He said nothing about taking samples so I presumed that he hadn't done that.'
Casey pauses, feigns considering the response, then asks, 'Was that a no? 'No, I didn't consider that'?'
'I wasn't aware at that time that he had taken samples.'
'So you couldn't have considered it, could you?'
'No.'
'Are debris samples relevant?' Casey asks, knowing that Jack has no choice but to say yes, because his side of the case put on an expert witness to testify about them, and Jack has already said that they were 'significant.'
'Yes.'
'Okay,' Casey says. He turns to face the jury as he asks, 'Then you couldn't have been aware at the time you made the decision to deny my client's claim that the debris samples taken by the Sheriff's fire inspector tested negative for traces of accelerants, isn't that right?'
'I was not shown those results.'
'Did you ask for them?'
'No.'
'Isn't that something that would have been important for you to know?' Casey asks. 'Would that have been 'relevant'?'
Son of a bitch is taking my own word and beating me over the head with it. Why the hell did I say 'relevant'? Then again, what the hell else could I have said?
'I would have preferred that the inspector share them with me, yes,' Jack says. 'But he didn't. We weren't made aware of them until after the suit was filed.'
'So you didn't consider that fact?' Casey asks. 'Is that your answer?'
'I didn't consider those tests.'
'Or the results.'
'Or the results.'
Casey takes a marker from his pocket and crosses out the positive debris sample item on the chart.
Looks at the jury, looks back at Jack.
'Now,' he says, 'we heard you give a lot of testimony on Mr. White's financial woes. Yup, here it is on your chart. The mortgage, the $600,000 balloon payment, the credit card bills… At the time you made your decision, were you aware that Mr. White had paid off the entire $600,000 balloon payment?'
'At the time I made the decision, he hadn't.'
'So you didn't consider that, did you?'
'No.'
'Would that have been relevant for you to know?'
'It's something I would have considered.'
Casey crosses out the $600,000 balloon payment item on the chart.
'Did you know that he's current with his credit card bills?'
'No.'
Cross off.
'That he's current with the mortgage on his mother's home?'
'No.'
Cross off.
And the jury's getting unhappy. Jack can see them pushing the joysticks down.
In the observation room, Reinhardt looks over at Goddamn Billy and asks, 'What the hell kind of claims investigations are you guys doing down here?'
Casey asks, 'That he has over $1 million in liquid assets in his various accounts?'
Come on, Jack thinks, fight back.
'Again,' he says, 'these were all things we learned only after the suit was filed.'
'So that's a no, isn't it?'
'These were things-'
'Yes or no?'
'— that we learned-'
Mallon says, 'Please just answer yes or no, Mr. Smith.'
'No.'
Casey crosses the item off.
'How about the tax liens?' Casey asks. 'Did you know that he paid those off?'
'No.'
'The divorce,' Casey says, 'which hadn't happened yet. Did you consider the possibility of a reconciliation?'
'No.'
'Would it have been relevant to your investigation, if indeed the Whites were trying to reconcile?'
'They weren't trying to reconcile.'
'That's not what I asked you, Mr. Smith,' Casey snaps. He can get tougher with Jack now because he senses the jury is turning. 'I asked you whether that information would have been relevant.'
'I would have considered it.'
'But you didn't ask, did you?'
'I had information indicating that-'
'You didn't ask, did you?'
'Just answer the question, Mr. Smith,' Mallon says.
'No, I did not ask.'
Casey crosses off the alimony and divorce items.
The whole MOTIVE column is crossed out.
'Opportunity,' Casey says. 'You've testified that in your opinion, Mr. White was the only person who had the exclusive opportunity to set this fire. Did you look for anyone else?'
'There was no information to point to anyone else.'
'That's a no?'
'Yes, that's a no.'
'Did Mrs. White have a boyfriend?'
'I had no information to suggest that she had.'
'So you didn't consider that, did you?'
'No.'
'Wouldn't it have been important to you to know that?' Casey asks, 'Wouldn't that have been a relevant fact, the possibility that someone else was in the house — in the bedroom with Mrs. White the night of the fire, the night of her death?'
