“Permission to approach?” I asked, but did not wait for Judge Arnetti to respond. I traversed the well and placed the KEL drive atop the judge’s bench, which caught the bailiff off guard. Although the bailiff stood up and glared at me, he stayed in place. Elaine Arnetti seemed more puzzled at this turn of events than bothered by my lapse in protocol.
“Your Honor,” I said. “This may be the missing KEL drive, but it needs to be authenticated. If it’s the property of Benton Dynamics, then of course it should be returned, but there needs to be some testimony that this device actually belongs to Benton Dynamics.”
Judge Arnetti arched her eyebrows and looked at my paralegal suspiciously. “And some testimony how it came into this person’s possession.”
Nielsen said, “Your Honor, I urge the court to give that KEL drive to my client immediately. It’s a matter of national security.”
Stunned and irritated, I turned around and stared intently at Hailey.
In a sheepish tone, she quietly explained, “It was in your drop-box at the office.”
When Nielsen started to sputter demands again, Judge Arnetti pounded her gavel. “Come to order, everyone. Order! Mr. Seagraves, go back to your trial table. You’ll speak one at a time and only address the court. And we’re going to figure out what’s just happened.”
My gut felt hollow and my nerves itched as I returned to my chair.
Marisa looked befuddled and whispered to me, “What’s going on?”
I massaged my temples with my forefingers. “Someone’s trying to set me up.”
26
The attorneys and parties sat in stunned silence as Judge Arnetti assumed control over her courtroom. She told Oscar Yoshida to remain in the witness stand for now, because he had not finished his testimony. The judge sternly called Hailey to the podium. My paralegal complied by giving me a nervous glance and swinging open the squat wooden gate. She cautiously stepped up to the microphone.
Judge Arnetti said to Hailey, “I’ll take the lead and ask you questions. If the attorneys have any follow-up, they’ll be given that opportunity. What is your name?”
“Hailey Ramirez. I work for …”
“I didn’t ask you who you work for, Ms. Ramirez. Before you testify, this court needs to remind you of certain constitutional rights, including the right against self-incrimination. You are not compelled to answer any questions that may incriminate you. Do you understand?”
“Yes,” Hailey replied.
“You are not here with an attorney of your own, correct?”
Hailey looked toward me and casually pointed in my direction. “Well, I’m with Mr. Seagraves. I’m his paralegal.”
Judge Arnetti scowled at me before turning back toward Hailey. “Mr. Seagraves represents Marisa Dupree in this case, so he can’t also represent you. Depending on what you’re about to say, you may have a right to legal counsel. Are you going to exercise that right or are you prepared to answer my questions without a lawyer here?”
“I’ll testify, sure.”
“Very well,” replied the judge. “Swear in the witness.”
I had no idea what Hailey would say in open court. All my theories of the case were crumbling inside the darker chambers of my imagination.
After the bailiff administered the oath, Judge Arnetti picked up the KEL drive and turned it over in her hand. “Ms. Ramirez, you’ve brought this … well, this flash drive into court, correct?”
“I did.”
“And how did it come into your possession?”
Hailey calmly put her hands behind her back and leaned toward the microphone. “It was in the drop-box at our law firm just now. Someone put it there.”
“Is that so? Who put it there?” Judge Arnetti asked.
“I don’t know. It was there when I went back to the law office. I’ve been right here in court until Mr. Seagraves sent me on an errand … for this hearing. I always check the drop-box when I go in, without fail. It was there at the bottom.”
“When was the first time you saw this …” The judge flipped through her notes. “This KEL drive?”
“I’m not sure exactly what it is. I’ve never seen anything like it before, but it says ‘KEL’ on the side. I think it’s what everyone’s been looking for.”
“Shall I repeat my question, Ms. Ramirez?” Judge Arnetti asked impatiently.
“No, sorry. The first I saw it was about ten minutes ago, when I found it.”
“As a paralegal for Mr. Seagraves, you’re aware of my temporary restraining order that bars anyone from viewing or using the plaintiff’s missing data?”
“Yes, Your Honor,” replied Hailey respectfully. “I organized the trial binder for Mr. Seagraves and saw that order.”
The judge asked, “Have you accessed or tried to access this KEL drive?”
“No. I just brought it straight here to court. I haven’t done anything else.”
Judge Arnetti looked toward E.J. Nielsen. “Do you have anything in light of the court’s questions?”
Nielsen rose from his chair and said, “Yes, Your Honor. Thank you. Ms. Ramirez, you were aware from your work on this case that someone stole a KEL drive from my client, Benton Dynamics?”
“Yes,” Hailey answered.
“And when you allegedly saw this disk drive for the first time in some drop-box at your office, you picked it up, correct?”
“That’s right.”
“And in court just now, you handed it to your boss, Mr. Seagraves?” Nielsen continued.
“Uh-huh. He took it.”
“And he gave it to Judge Arnetti?”
“Correct,” Hailey said.
Nielsen tightened his hands into fists and then relaxed his fingers. “So although this KEL almost certainly belongs to my client and is evidence in this case, and it could be evidence in a criminal case, you didn’t leave it there for the police, did you? If it’s Marisa Dupree’s, it has her fingerprints on it. Her DNA. Possibly other people’s. Now you’ve put your fingerprints and DNA all over it. And the fingerprints and DNA of Bryce Seagraves and Judge Arnetti are also conveniently on it at this point, right?”
Judge Arnetti, looking mildly shocked and embarrassed, gently placed the KEL drive atop the bench. The drive made a tiny clacking sound on the wood that anyone sitting in the back of the silent courtroom could have heard.
“Objection, Your Honor,”
