the giver if there is no marriage. That may not make much sense now, but it will. The testimony will make it clear that Mike didn’t marry Lindy. So when that piece of paper is discussed, I hope you’ll ask yourselves these questions: Did she promise to give Mike everything in consideration for his promise to marry her? Did he keep his promise? If not, then
“Objection!”
She went to the bench with Riesner and accepted a scolding from Milne for arguing the law in her opening statement.
Then, calm within herself and trying to inject the same calm certainty into her words, Nina added a few more important points and brought her opening statement to a close. “And now, ladies and gentlemen, it’s up to you. I have talked with you, listened to you, and I believe you will be fair. Thank you.”
She could swear that, as she walked back toward her table, she caught the ever-so-slightest nod of approval from Milne. She decided she must have imagined it. She tried and failed to feel the jury’s vibes behind her.
Back at the table, Genevieve squeezed her arm, murmuring, “Excellent,” and Winston gave her an under-the-table, double thumbs-up.
Lindy looked at Mike, who looked pointedly away from her.
Looking debonair and confident, without a hair out of place, wearing his trademark half-grin, Jeff Riesner took the podium. With all the heavy baggage removed from his character, Nina realized a stranger might actually consider him attractive. He looked innocuous and cool up there, like a man without a bone to pick. That shiny polish on the surface was exactly what made him so successful in his profession. More than in almost any other profession, success in law depended on the right look, and Jeffrey Riesner had spent years cultivating it. The jurors waited to hear an opposite take on the same situation, and he basked in their attention.
“Let’s talk about the evidence,” he said. “In this case, we will have testimony from people, each with a point of view, each with a stake. Your job is to judge their credibility and weigh the value of what they say. You might feel from listening to all the witnesses that this is a complicated or confusing case. There is a lot of money involved, and this may make the case seem more complicated.
“But it’s not complicated. This case is simple, and comes simply down to black and white.
“Because there is also another kind of evidence. With this kind of evidence, there’s no point of view, there’s no stake, there’s no credibility problem. That evidence, ladies and gentlemen, consists of writings. We ask you to pay close attention to the written exhibits in this case, because they were prepared before there was any stake, any point of view. The writings we will introduce will tell you a very clear and straightforward story.
“First, you will learn that there is one written document that does not exist. That written document is a marriage certificate between Mike Markov and Lindy Markov. The two parties in this litigation never married. There is no community property, no automatic share because of the relationship. No alimony. No sympathy money. There’s no marriage here. No one will show you a marriage certificate. Lindy Markov was Mike Markov’s girlfriend. They broke up. That’s what happened in their personal life.
“Second, we will show you a set of writings that prove that Lindy Markov was an employee of Markov Enterprises. You won’t just hear people talk about it. It’s simpler than that. You’re going to see her personnel file, the salary record, her job description. You’ll see she was paid fairly, she was given regular raises, she had an expense account. She was an executive with the company, and she had an agreement with the company that she would do certain work and in return she would be compensated. You’ll see it in writing, ladies and gentlemen, plain and clear.
“Third, you will see, in writing, who owns Markov Enterprises and a home here in Tahoe that is in issue in this case. It’s just as plain and just as clear. You’ll see the deed to the house, and you’ll see the owner’s name, Mike Markov. You’ll see the stock certificates that are accepted the world over as evidence of ownership. The name on the certificates is Mike Markov. No mystery, no complication.
“And fourth, last and most important of all, you will see another written document that reinforces and confirms the other written documents. That document is called a separate property agreement. You will be able to read it for yourselves and see the plain language of this agreement. You will see that the agreement states that Lindy Markov has no claim to Mike Markov’s property, and he has no claim to hers. It’s right there. In writing, as simple as can be. What it does not state“-he paused for emphasis, chopping the air with his hand-”is that Mike agreed to marry Lindy. That’s just not there.
“So why are you here in court today, taking precious time from your lives to act as a jury? Let me try to frame what Lindy Markov is claiming she will show. Besides the hugs and the kisses and the obfusc-”
“Your Honor,” Nina said, jumping up.
“Approach.” They went up to the bench, leaned their heads in close. “Save the argument, Counsel,” Milne said in a low voice.
“Sorry, I got carried away.”
“Carried away? He was reading from his notes,” Nina said.
“Counsel?” Milne said. “No argument in the opening statement or I’ll cut you off at the knees. Tell ’em what you intend to prove and sit back down.”
“I understand. Won’t happen again.” As they walked back, Nina caught a glimpse of juror Bob Binkley’s notepad. Mixed in with what looked like scientific notation, he had carefully listed Riesner’s points. Nina groaned inwardly.
“Four simple points,” Riesner continued, “in writing.”
In writing. Riesner had hacked his trial mantra down to two words.
“What else will you hear? You may hear that Lindy Markov was with the company for a long time, and was a valuable employee. You may hear that Lindy always wanted to get married. You will certainly hear that Lindy wants half the company, now that Mike has left her.” Riesner raised his eyebrows.
“Mike’s been very successful, ladies and gentlemen. You will definitely hear that. He has done so well that you may feel you want to take this chance to spread some of his money around. But you can’t do that. There are contract laws, marriage laws in this state, and the judge will tell you what those laws are, and that you have to follow them. I know you will follow the judge’s instructions.
“And I know that during this trial you will keep in mind these four simple facts that we will ensure are brought to you as evidence: that the parties never married; that Lindy Markov was an employee of Markov Enterprises; that Mike Markov’s name is on all the written evidences of ownership; and that the parties expressly agreed that Mr. Markov’s property was not subject to a claim by Lindy Markov.
“Plain and simple. Black and white. In writing. Ladies and gentlemen, follow the law. I know you will do that. Mr. Markov trusts you to do that.
“Thank you.” He smiled and nodded.
Nina had taken notes. In writing.
Mike’s defense would be very strong.
Damn.
Winston, Genevieve, Nina, and Paul met for lunch in the cafeteria while Lindy left for a better lunch with Alice. Winston and Genevieve sped through the line and took seats at a table. Nina, a few people in front of Paul in line, loaded her plate, and still a little shaky as she came down from her tightly orchestrated performance of the morning, knocked heavily into the man ahead of her, spilling some lettuce on the floor.
“Oh, I’m so sorry,” said Nina.
“Well, if it isn’t Miz Reilly, coming after me,” said Jeffrey Riesner, jumping back, scrutinizing her as if seeking something in particular; an insight, cooties, a pearl-handed pistol? Nina didn’t know what. He set his tray down with a bang, smoothing his clothes, twisting around to make sure no salad dressing marred his suit. Unfortunately, there were two distinct oily spots at the back of the left leg of his trousers. “Look what you’ve done,” he said, pointing. “You did it on purpose, didn’t you?”
“Sorry,” she mumbled again.
“You’re as clumsy at getting your food as you are in court.”
Suddenly, she had no more apologies left. “Can we move on, here? There are people behind us.”
“Do you have any idea what this suit cost?”
“Send me the dry-cleaning bill. Now, please step aside and let me pass.”
“You’d like that, wouldn’t you?” And he smiled what Paul called his death’s-head grin, as cold as a face without skin. “But I don’t think I will. I like it right here. You’re the one who ought to be slinking out of this town, and it shouldn’t be long now before you do just that.”
Not wanting to engage in a free-for-all with him in the cafeteria out from under Milne’s steady eye, Nina waited silently, feeling her neck redden, while he painstakingly reassembled his tray, taking his time to align crooked utensils precisely beside his plate, deliberately drawing out the task. He finally finished and set the tray down at a table near the window at a decent distance from Nina’s crew, then headed for the men’s room out in the hall, brushing at his trousers and casting her one more black look.
“Whoops,” said Genevieve, smiling sympathetically as Nina sat down. “Next time, consider skipping the salad. He’s obviously a steak and potatoes man.”
“Just my luck,” said Nina, pulling out a large dinner napkin and tucking it into the front collar of her new blouse. She wasn’t about to mess up her clothes or lose her temper. She looked around but didn’t see Paul.
“Save your response for the courtroom,” advised Winston, spooning tomato soup. “He acted the same way with the male lawyer opposite him in the case we did together. It’s just posturing. Anything to knock you off balance.”
“He can’t really believe I did that on purpose. It just happened. The personal stuff-it’s all on his side,” Nina said, disingenuously. She dribbled warm Italian dressing over the white iceberg lettuce and began to eat.
Genevieve started telling Nina what she had done well and what she might work on “just a little.” Nina listened without comment, experiencing a rerun of her resistance to Genevieve’s stage- managing. She had to watch herself. Sometimes she felt ornery enough to do the exact opposite of what Genevieve advised just because Genevieve advised it, even if Genevieve was right.
“You know, there’s research showing that some jurors actually make their final decision based on the opening statements. How did you think they took yours?” Genevieve said. Apparently sticking close to her in-trial, comfort-food diet, having finished her sandwich and Winston’s leftovers, she bit into a chocolate chip cookie, putting her plate on a nearby table and pulling out her notebook.
Nina tried to give her impressions. Clifford Wright had appeared to listen to every word of her opening. Such conscientious observation made her uneasy. Having no rational basis for her feelings didn’t stop her from distrusting him. All of his responses in the
Still she couldn’t help thinking how much he reminded her of a boy she’d known in high school who slicked his hair back and became president of the student council by talking up the virtues of honesty and a drug-free life. Only on Saturday nights did he revert to what he remained at core, a lying pothead. She could only hope any such reversions by Clifford Wright would happen outside of the jury room.
Nina had almost finished her salad when Paul appeared at the head of the table, a steaming cup of coffee in hand.
“Is there room for one more?” he asked.
“Coming right up,” said Genevieve, scooting over to make room for him.
He sat down beside her, across from Nina. “I caught some of the show this morning. Some nice touches.”
“Thanks,” Nina said, happy to see that he really did look pleased.
