Hailey said, “Maybe they’re experimenting on those UFOs that crashed in Roswell, New Mexico.”
“Or perhaps Benton Dynamics has Einstein’s brain hardwired into some supercomputer, but let’s not get too crazy. Naval weapons are their main business.”
Hailey turned to me with a glint of intrigue in her eyes. “Mostly for subs, or so the rumors go.”
“Nuclear missile submarines. Benton Dynamics is a high-stakes player in the biggest game of chess in the world.”
The chilly autumn wind blew hard through our jackets, tussled our hair, and made us turn away from its force.
Hailey said, “Only a matter of time until the feds get involved in this, if they haven’t already. National security and all.”
“Benton Dynamics picked the Chester County Circuit Court to get an injunction, a quick way to clamp down on the stolen files. With an injunction in hand, the legal department will convince an Assistant U.S. Attorney to bring a criminal case. A grand jury … then a federal indictment against Ms. Dupree.”
“So you have to win the injunction hearing, if you can.”
I exhaled slowly. “That’s going to be hard. Real hard.”
Hailey said, “Benton Dynamics has to prove she downloaded files without authorization.”
“Yeah, but that’s really two separate things. First, did she download the files, and second, did she do so without authorization?”
“She denied downloading any confidential data.”
I picked up my coffee mug, having forgotten that it was empty, and set it back down on the railing. “You’re right, but let’s slow it down. She could have downloaded files as a routine part of her job. Maybe the lack of authorization is the problem. She could have made a mistake, but, no … that doesn’t work. There’s a security protocol to send data to a portable device, and it leaves a digital trail. A password to log on, and then another password to download files onto a secure KEL drive. No USB ports. Benton Dynamics must have a computer security team on staff. They’ll easily piece it all together and say she wasn’t authorized.”
Hailey shrugged. “So you’re stuck. The computer security team will testify as to each element of the case.”
“No doubt, but that’s not all they’ll have. To move between the different departments, the employees would have to slide ID cards, so they’ll place her there. Maybe biometrics. Not to mention security cameras. I’ve got to settle this case, if I can. She’s in denial. Her only hope may be to cooperate. Taking this case to trial is a bad idea.”
“Makes sense,” Hailey said. “When Ms. Dupree considers how much trouble she’s in, do you think she’ll open up and tell you what she did?”
“Let’s hope so, for her sake. I don’t like working in the dark.”
Hailey’s eyes studied the check. The wind nearly blew it out of her hand, so she folded the check in half and tucked it into her jacket pocket.
I could not shake Marisa’s adamant denials during her initial consultation. “Then again, Marisa said she didn’t do it.”
Hailey shrugged. “So she lied.”
I acted dizzy and pretended that I was about to faint. “A client lying to me? Hailey, I think I’ve got to sit down. Bring me a damp cloth for my forehead.”
“Very funny. What’s the next step?”
“Let’s organize the documents in the file. I’ll need the phone number for the attorney representing Benton Dynamics. Maybe I can find out more about the case from him and start the discussion.”
Hailey nodded and turned toward the door. “I’ll draft an Entry of Appearance.”
“No time to require the plaintiff to answer discovery before the hearing next week, but maybe we should send out a Request for Documents and some Interrogatories anyway. Then I can move for a postponement.”
“Okay, I’ll start some drafts.”
I said, “The other side will oppose disclosing anything and ask for a protective order, but it’s worth a try. They won’t want to give up whatever is on that KEL drive, but it’s an angle I can explore.”
“But probably a dead-end.”
“Yeah, most likely,” I agreed with her, “but Benton Dynamics has to prove irreparable harm if Marisa discloses its proprietary information. Otherwise, the court won’t grant an injunction. That means whatever is on the stolen KEL drive is relevant. They’ll fight to keep it out of the public eye. If the plaintiff fails to prove that its files are valuable or confidential, then there’s no irreparable harm. A subpoena or some discovery requests could give us leverage. Then we might resolve the case on terms both sides can live with.”
“I’m on it,” Hailey said.
I leaned against the porch railing and crossed my arms. “You know, Hailey, sometimes I get knotted up thinking about the difference between justice and the law. Someday, I’d like to do some actual justice. It doesn’t have to be a big deal. You know, like defending a truly innocent person, if there’re any out there. All I ever seem to do is push cases through the court system.”
“Maybe the next case,” Hailey replied.
I contemplated if there were any chance that Marisa Dupree was not lying to me and had been wrongfully charged, although nothing in the fact pattern pointed in that direction.
The phone rang, so Hailey left me on the porch alone. A rusty freight ship loaded with red, blue, and green cargo containers slowly steamed north toward Baltimore. Closer to shore, sailboats tacked in the changing winds, leaning starboard and then port, zig-zagging in the shallows of the Chesapeake Bay. I wondered who was out there sailing this late in the season and to which ports they might be headed. Sailing would be fun right now, despite the chilly October breeze. There had to be better ways to spend the afternoon than preparing for another trial.
Hailey returned to the back porch, lowered her tortoise-shell glasses, and said, “Sheriff Tompkins is on hold. She wants you to come down to the police station.”
5
The walk to the Sheriff’s Department took only ten minutes from my law office, but since I
