29
I sprinted down the hallway, stopping only for an instant at the courtroom door to adjust my necktie and smooth my hair. Judge Arnetti’s face flushed red with impatience as I rushed down the aisle to my trial table. I knew better than to sit down.
Marisa turned around and appeared anxious as she waited for me in her chair. E.J. Nielsen sat with co-counsel, but if Special Agent Wolanski had contacted him, there was no way to tell. My trial opponent stared straight ahead with his hands folded and fingers meshed, ostensibly deep in thought. He did not even make eye contact.
“We’ve been waiting for you, Mr. Seagraves,” the judge said with mildly acidic sarcasm.
I replied, “My apologies, Your Honor. I’ve been working to resolve this case.”
She frowned. “Mr. Nielsen was here when I came back on the bench, so I’m unsure how you were doing that. The next time court convenes, you’re expected to be on time. We’ll proceed now.”
Needing no further cue, the clerk rose and announced the case and docket number for the court reporter.
Judge Arnetti said, “Counsel, your appearances are already on the record.” Then she looked directly at me. “Mr. Seagraves, I’ve had an opportunity to consider the questions and answers of the plaintiff’s last witness. A lot happened just before the break. You asked Mr. Yoshida a question that seemed to indicate your awareness of the plaintiff’s confidential data. This court doesn’t want to assume anything or jump to conclusions, but in light of my order prohibiting access to the files, some explanation seems warranted.”
To the judge’s surprise, E.J. Nielsen stood up and cleared his throat. “Your Honor, certainly you want to hear from my esteemed colleague, but with the court’s permission, I believe I can shed some light. Mr. Seagraves has not violated your temporary restraining order. He doesn’t have the specialized computer equipment to read a KEL drive. A standard computer can’t open that secure drive, which requires a unique port. During the recess, my client’s technical staff confirmed that the drive hasn’t been accessed, at least not recently. Benton Dynamics doubts that Mr. Seagraves had the technology or ability to view any files.”
Judge Arnetti did not respond to Nielsen and kept her focus on me. “Well, Mr. Seagraves, that leads me back to your question to Mr. Yoshida. Even if you didn’t access that disk drive, you seemed to know its contents.”
I replied to her plainly, “Actually, I didn’t. I had suspicions which I worked into cross-examination. A gut feeling. I asked Mr. Yoshida an admittedly risky question, simply to get information. I didn’t know how he’d respond.”
Nielsen politely interjected, “Your Honor, my client is satisfied that Mr. Seagraves did nothing improper. Furthermore, we believe this case has been resolved.”
Although she tried to maintain a poker face, Judge Arnetti was taken aback. So was I.
Nielsen continued, “A reliable source in federal law enforcement just contacted my client, through me. Benton Dynamics has reason to believe it should reexamine its theory of the case against defendant Marisa Dupree. It’s our understanding that the defendant is willing to cooperate with my client and federal law enforcement to determine what really happened, as well as the role of the late Richard Kostas regarding the missing files.”
Counsel for the plaintiff turned toward me and held out his thumb and little finger in the shape of a telephone. A strange thought crossed my mind. If not a phone gesture, maybe Nielsen flashed me the cowabunga sign and wanted to go surfing after the hearing. Relieved at what my trial opponent was saying, I felt the stress in my neck and shoulders melt away. Wolanski must have called Nielsen while I drove back from Black Marsh Nature Preserve and told him the truth about the Remora Shadow.
Judge Arnetti raised a single eyebrow as she removed her reading glasses. “Resolved, Mr. Nielsen? Where does that leave the posture of this case?”
Nielsen said, “In light of these developments and the return of our missing KEL drive, Benton Dynamics no longer wishes to pursue an injunction or any other court action against Ms. Dupree. We respectfully ask this Honorable Court for leave to withdraw our petition.”
Judge Arnetti’s face displayed puzzlement. “Mr. Nielsen, the case has been joined. The defendant filed an answer and appeared at this hearing. This case can’t be dismissed at this juncture absent the defendant’s consent.”
I faced the bench. “The defendant gives her consent. May I ask Ms. Dupree a few questions on the record to verify this?”
The judge leaned back and nodded, apparently eager to understand this turn of events. “You may, Mr. Seagraves. Your client need not take the stand. She can testify from her chair.”
“Thank you,” I said. “Ms. Dupree, do you understand that Benton Dynamics is asking this Honorable Court to dismiss the case against you?”
“I do,” she replied.
I continued, “The plaintiff has made this request for a variety of reasons. One reason is newly discovered information. Another reason is your promise to cooperate with your former employer in its investigation. You’d also cooperate with the police and the Federal Bureau of Investigation. Do you understand this?”
“Yes,” Marisa replied. “I didn’t steal the KEL drive, any files, or anything else.”
I said, “Your position is clear, but you’ve agreed to work with Benton Dynamics and law enforcement, correct?”
“Yes, absolutely.”
“And you freely and voluntarily consent to the dismissal of this case?”
“I do,” Marisa replied with a beaming smile.
I turned to Judge Arnetti. “That’s my examination of the witness.”
“Well, gentlemen,” the judge said, staring off to a distant corner of the courtroom. “I must admit I’m surprised. I’d figured we would go all afternoon, maybe into the next day. But that’s all right. This court encourages the parties to reach amicable settlements of their disputes, even after a trial has started. It appears that the parties are working toward that end.”
“Yes, Your
