Judge Arnetti, granite-faced at the conclusion of opening statements, simply said, “Mr. Nielsen, call your first witness.”
Nielsen nodded toward the bailiff and said, “The plaintiff calls Dr. Sanjana Patel.”
My brain was still more drowsy and cloudy than normal. As the bailiff left to find the witness in the hallway, I leaned over the rail and whispered to Hailey, “I need you to look at some of Jennifer Rybak’s videos online, well, really just the end of them. See if the credits include a cameraman or anyone named Julian or Yulian.”
“Seriously? Right now?” Hailey asked incredulously, but in a hushed tone.
“Yeah. Anybody with that name or something like it. Should only take a few minutes. You won’t miss much.”
Her eyebrows lowered, and she squinted wryly at me. “You mean the woman you went out with on Sunday?”
“Uh-huh. R-y-b-a-k. I can’t do it right now, and it might help the case. Pass me a note when you’re done. The first ten minutes of this witness will just be intro.”
Hailey pouted slightly and removed her phone from her bag. She left the courtroom, barely concealing her annoyance at my request, but at least she followed my instructions.
As she walked down the aisle, I recalled how Hailey changed into new shoes at the shooting range. She wore size seven boots, the same size as the impressions the sheriff had cast along the muddy banks of the Chesapeake Bay. The sheriff had discovered two sets of shoeprints near the spot where scuba divers located the floating body of Richard Kostas, one set from a woman and a larger one from a man. Hailey’s partner, Daniel, was tall, but I rejected the dark path this line of thinking was taking me. Thousands of women wear size seven shoes. The idea that Hailey could be involved made no sense. I needed to stay focused on the hearing.
The bailiff soon returned with a lean, elegant woman dressed in a navy-blue business suit. She wore an iridescent silk scarf the colors of peacock feathers draped around her neck and shoulders. The bailiff led the middle-aged witness toward the stand. She walked behind him with the slow, determined cadence of a tiger stalking its prey. A clerk asked the witness to remain standing and raise her right hand. After taking the oath to tell the truth, the whole truth, and nothing but the truth, the witness sat down.
E.J. Nielsen began his direct examination. “Please state your name, business address, and job title for the record.”
“Sanjana Patel. Benton Dynamics. 3001 Technology Boulevard, Bridgeford, Maryland. Senior Vice President of Operations.”
Nielsen methodically asked Dr. Patel questions about her background and job responsibilities. He marked the documents for identification and asked Patel to authenticate them. He moved Marisa’s employment contract and nondisclosure agreement into evidence. Marisa had signed them, so I made no objection. His direct examination plodded along for forty-five minutes, although it seemed to take days. By mid-morning, Nielsen had established that Marisa was bound by contracts that compelled her to maintain the secrecy of all of her work at Benton Dynamics. He also presented testimony that a loss of data jeopardized the finances, reputation, and federal security clearance of his corporate client. Missing research files could also compromise national security.
Nielsen finished his questioning and turned to me. “Your witness.”
Judge Arnetti said, “Cross-examination, Mr. Seagraves.”
My questions started out slowly and really did not lay a glove on Sanjana Patel. The vice president was well coached and prepared for my attacks. At no time did she contradict her earlier testimony.
Then I asked, “Dr. Patel, you contend that the missing files, the ones that were allegedly stolen, were confidential?”
“All of our data at Benton Dynamics is confidential, and all of it is covered by our employee NDA, our Nondisclosure Agreement.”
“So do you know what files are actually missing?”
Nielsen stood up and interrupted me. “Objection, Your Honor. This line of questioning seeks to disclose my client’s proprietary information.”
“Overruled,” Judge Arnetti replied. “As phrased, the question goes to the witness’s knowledge. It asks what the witness knows, and not specific content. The defendant should have some latitude there … but within reason, Mr. Seagraves.” Judge Arnetti turned her warning stare away from me and faced Dr. Patel. “You may answer the question.”
“It’s not really my area, and our other witnesses from our cybersecurity department will address this, but no. I’m not familiar with the exact research files that were stolen.”
I asked, “But there would be a record of the missing research files at Benton Dynamics, right? So your company knows what was allegedly taken?”
Starting to get flustered, Dr. Patel blinked her round, dark brown eyes. “It’s my understanding that the person who stole the files also hacked our system to cover her tracks. Our security system noted the breach, but the original files are completely gone. We’ve tried to find them. This was a professional job. So no, we’re not entirely sure.”
Now I knew why E.J. Nielsen would not settle the case unless his client got its missing KEL drive back. Benton Dynamics could not precisely determine what data had been taken.
I leaned against the podium. “So, Dr. Patel, whoever wiped the record of the unauthorized download was sophisticated enough with computers to cover her, or perhaps his, tracks, correct?”
“Yes, apparently.”
“And as Senior Vice President of Operations, you have access to employee records kept in the ordinary course of business?”
She shifted in her chair and paused. “Yes.”
“Including employee records for my client, Marisa Dupree?”
“Correct.”
I asked, “And prior to this court proceeding, you reviewed those records?”
“Yes, to prepare.”
“And does Marisa Dupree have a background in computer science or programming?”
Sanjana Patel leaned back in the witness chair and cocked her head, giving me a micro-sneer as if I had smelled bad. “She worked on computers for our company … every single day she was there.”
“But Marisa Dupree worked
