further testing or prepare any testimony after his deposition. I'm being blindsided here, Your Honor.'
The judge now wanted to hear what the evidence was. 'Your objection is noted. Continue, Mr. Nolan.'
'Dr. Bradley, how do you know it was the tip weight from Marine One?'
'Well, first, because it was found in a tree at the accident site of Marine One. It is unlikely to find a helicopter tip weight in any given tree, I think. But most significantly, because two-thirds of the serial number are on the piece that I found. It matches one of the numbers in the gap of weights that can't be accounted for. In other words, all the other tip weights are accounted for within the company, but these that would have been on Marine One are not accounted for by documents, and this matches one of those missing numbers.'
'What kind of shape was the tip weight in?'
Bradley leaned back and extended his legs as he slipped his hand into his pocket. 'I have it right here.'
Almost as one, the jury leaned forward in their box to see what he was going to pull out. Bradley had the leather pouch, opened the drawstring, and dumped the tip weight out in his hand. 'Here is the tip weight from Marine One. It's about an inch and a half across, at least in its full size, but we have only about three-quarters of an inch of it. About half of the tip weight.'
Hackett wasn't sure whether to challenge him or to rejoice. A broken tip weight, a fractured tip weight, could prove his entire case.
I continued, 'Dr. Bradley, what did you conclude from this fractured tip weight?'
'After I examined it preliminarily, I concluded that this tip weight fractured in flight, came off of the blade from Marine One, and caused the blade to go out of balance. And while I'm not an accident reconstructionist, it is virtually certain that out-of-balance condition on that blade caused the helicopter to go into massive vibrations, which resulted in its throwing the blade off of the helicopter and the helicopter ultimately rolling over and crashing.'
Hackett smiled and shook his head. I had proved his case.
'Since your preliminary conclusions after finding this tip weight, have you had an opportunity to conduct further examination?'
Hackett didn't like where this was going. He stood. 'Your Honor, I was under the impression that Dr. Bradley had just found this tip weight. We're now led to understand that he's had time to conduct additional investigation and examination? Mr. Nolan informed me of none of this. This is critical evidence to the case which he has kept in his possession, examined and tested with his expert, and told me nothing about it. This is unethical. I request the opportunity to take this witness on voir dire to determine exactly how long he's had this tip weight, what kind of tests he's done, and what his new opinions are before they're disclosed to the jury.' Hackett raised his voice, 'This is an ambush, Your Honor.'
The jury was attentive. Some thought this was great sport, others seemed confused that although the evidence I had presented seemed to confirm Hackett's theory, he was outraged.
The judge looked at me over her reading glasses. 'Why have you not informed Mr. Hackett of these developments prior to your calling of this witness, Mr. Nolan? You're aware of the ongoing obligations under the federal rules.'
I looked over at Rachel, who opened the manila envelope lying in front of her and pulled out a document and kept it facedown on the table. 'I am very aware of my obligations, Your Honor. But I couldn't possibly notify even those in my own firm of this development.'
The judge frowned. 'I'd like to know the answer to this question, but perhaps it would be more prudent to dismiss the jury for this-'
Hackett was hot. 'No, Your Honor, let's hear it now. I want to hear Mr. Nolan explain how he's collecting evidence after the closing of discovery to bring it in here and try and hijack this trial. He's obviously violated his ethical and legal obligations, so let's hear why.' He looked at me smugly.
I looked at the judge, waiting to see if she wanted to do this outside the presence of the jury, but she seemed to want to get it over with. I said, 'Your Honor, every significant step I've taken for the last few months I've had to take in secrecy. Mr. Hackett planted a spy in my office and that person forwarded every e-mail and document of significance directly to him.'
The judge deeply regretted not dismissing the jury when she thought it was prudent to do so, but it was too late now. 'Mr. Nolan. Surely you are speaking hyperbolically.'
The jury stared at me, stunned.
I shook my head. 'I am not, Your Honor. Mine is a small law firm. But we were hired to do this case. I needed some additional help and hired several contract attorneys, one of whom turns out to be a plant from Mr. Hackett.' I nodded at Rachel, who pushed her seat back quickly, grabbed the piece of paper in front of her, turned around, walked back to the barrier between the counsel table and the gallery, and slapped Braden in the chest with the subpoena that had his name on it. I turned and pointed at him. 'Braden Randall, or Jonathan Dercks, which is his real name, is a former employee of Mr. Hackett, who he encouraged to come work for me. He is responsible for hacking into my computer system, sending all my e-mails to Hackett, sending research memos and litigation plans, and setting me up for all these supposed ethical allegations Mr. Hackett keeps stumbling on.
'The document that Ms. Long just gave to Braden is a subpoena to testify at this trial. Your Honor, I request at this point that we excuse Dr. Bradley for a moment and call to the stand Braden Randall to confirm to the court everything that I've just said, and to show the court, and Mr. Hackett, why I didn't inform him of Dr. Bradley's discovery in a more timely manner, and that I was completely justified in handling it exactly as I have.'
The journalists were scribbling furiously on their pads, and the artists turned their sketch sheets toward Braden, who sat frozen in the first row between Kathryn and Tripp.
The judge had seen enough. 'We're going to recess this trial right now. The jury is dismissed. Everybody else stay where you are.' The clerk stood and pointed to the jurors, who knew it was time for them to file out of the courtroom, which they did with regret. They wanted to stay and see the fireworks.
When the clerk closed the door and nodded to the judge, she said, 'The Court is in recess. Everyone is free to go, but I need to talk to counsel during this break.' No one moved. Braden looked at the subpoena that had dropped to the floor after Rachel had slammed it into his chest. He was beet red and sweating. He hadn't said a word, nor had he looked at anyone.
The judge took off her reading glasses and tossed them aside. 'Mr. Nolan-'
The court reporter looked up. 'Is this on the record, Your Honor?'
'It most certainly is.' Then the judge turned to me. 'Mr. Nolan. What are you doing subpoenaing your own associate to testify in a trial? What is going on here?'
'Your Honor, there has been subterfuge and fraud by Mr. Braden Randall on behalf of Mr. Hackett. I suggest that we put Mr. Randall on the stand and ask him about it. Hence the subpoena.'
'Mr. Hackett?' the judge asked, looking at him.
Hackett had regained his composure. 'Your Honor, Mr. Nolan is obviously delusional. His case is lost. This is a desperate attempt to take the jury's attention off the facts. I would ask that the court ignore this side show. Let's complete Dr. Bradley's testimony and submit this case to the jury to let them decide what happened. Frankly, all we've determined so far today is that Mr. Nolan's own expert has confirmed my theory, that a tip weight that was improperly mounted fractured and caused this helicopter to crash. I'm surprised that Mr. Nolan hasn't just stipulated to a judgment at this point. Why we need to inquire into Mr. Randall's secret motives, I can only imagine. But I can tell you that it's not relevant to this case.'
Damn he was good. 'Your Honor, I simply ask that you allow me to examine Mr. Randall for fifteen minutes, then you determine whether this is relevant to the conduct of this case or not. Mr. Hackett has objected to Dr. Bradley's testimony. You asked why I hadn't disclosed certain information to counsel prior to now, and this is why.'
The judge was unhappy the case had taken this turn, but she knew she had to sort it out. 'Take the stand, Mr. Randall.'
Braden stood up and inched down the row, trying not to step on the others. His face was white. He walked slowly to the stand, turned, and faced the gallery as the journalists in the front row quickly and confidently drew their new favorite. After taking the oath, he sat in the witness stand and adjusted the microphone. Rachel handed me the exhibits for his examination.
The clerk said to him, 'Please state your full name and spell your last name for the record.'
He did.
I said, 'Good afternoon, Mr. Randall.'
'Good afternoon, Mr. Nolan.'
'You just took the oath before this court, which carries with it the penalties of perjury for making a knowing misstatement, do you understand that?'
'Yes, sir.'
'Yet when the clerk asked you to state your name,
'That's my name.'
'That's the name that you go by. But that's not the name on your birth certificate. Is it?'
'No, sir.'
There was a hum behind me as I continued, 'Your actual name is Jonathan Dercks, correct?'
He looked surprised. 'Yes, sir, that's my given name.'
'Yet when you applied to me for a job, you lied to me and told me your name was what you just told the clerk, correct?'
'Yes, I've had some problems with my old girlfriend, who has been stalking me. I have gone by-'
'What's her name?'
'I'd really rather not say.'
'You now have testified under oath that the reason that you lied to me was because you'd been stalked by a female. What is her name?'
'Ah, I don't remember.'
'You don't remember? How is that possible, that you don't remember the name of a former girlfriend who is stalking you?'
'There is… I am just sort of flustered right now.'
'You have never obtained a restraining order against this female in any court in this country, have you?'
'No.'
'Never applied for one, have you?'
'No.'
'Your Honor, I'd like to mark as the exhibit next in order the resume that was submitted to me by Mr. Dercks when he applied for a position with my firm.'
I walked to the front and handed him a copy of the resume. 'It says here you graduated from Columbia Law School. That's correct, isn't it?'
