Page 70 of Where Secrets Lie

Boswell got to his feet and stepped to the lectern. “Not much beyond what’s in the briefs, Your Honor. This is a very simple motion. My client is the sole secured creditorand has a right to immediate possession of all the debtor’s assets.”

The judge leaned forward. “But if I allow your client to exercise that right, Tupelo Grove University will effectively cease to function, right?”

“Yes, Your Honor, but that is precisely what the law provides in this case. As set out in our papers, recent events made our client understandably concerned about the university’s financial future. The shocking murder of the CFO with whom my client negotiated, the exposure of a massive artifact-smuggling scheme that—”

“As I said, I’ve read the papers,” Judge Sticklesby interjected. “You’re telling me why your client may have the right to seize the university’s assets at some point. But your motion asks me to let Hornbrook seize those assets right now—before the university has a chance to propose a reorganization plan. Why should I do that?”

Boswell’s grip on the lectern tightened slightly as the judge pressed him, but he kept his voice smooth. “Because those assets are already insufficient to satisfy Hornbrook’s secured claims, and they’re decreasing in value every day, Your Honor. TGU’s trademarks are worth less than they were a month ago, and they’ll be worth still less a month from now. The university’s bank accounts will be drained to pay staff salaries, utilities, and so on. That’s money out of my client’s pocket. Further, there’s no realistic prospect that the university can reorganize. Its filings show that students, faculty, and donors are all fleeing. They’ll lose their accreditation and government grants soon too. Keeping them on life supportwhile they try to cobble together a plan will merely delay the inevitable.”

“Thank you. I’ll hear from the university now.” The judge turned to Hez. “Mr. Webster?”

Savannah gave Hez a tight, nervous smile as Boswell vacated the lectern. Hez responded with what he hoped was a reassuring pat on her arm, gathered his papers, and took Boswell’s place. “Thank you, Your Honor. We have critical new evidence. I apologize for not submitting this earlier, but we only just received it.” Hez held up a thick document. “May I approach the bench to provide the court with a copy? I have one for counsel as well.”

The judge’s eyebrows went up, but she nodded. “You may.”

Hez crossed the well and handed a copy to the judge’s clerk, who gave it a cursory look and passed it up to the judge. Hez delivered another copy to a frowning Boswell and resumed his position behind the lectern. “I just handed the clerk a copy of Bruno Rubinelli’s affidavit. Mr. Rubinelli is an expert in computer forensics. His résumé is attached to the affidavit as exhibit one. I asked Mr. Rubinelli to examine the laptop computer owned by Jessica Legare, the former CFO of Tupelo Grove University. As Mr. Boswell just conceded, her murder and the smuggling of artifacts through the university were the justifications for Hornbrook’s demand for immediate payment. In fact—as Mr. Rubinelli discovered—Hornbrook was deeply involved in the artifact smuggling and had extensive undisclosed contacts with Ms. Legare, which we’re still investigating.”

Boswell scoffed and started to stand, but Judge Sticklesbywaved him away without taking her eyes off Hez. “Hold on. I have questions for Mr. Webster. How solid is your proof of these allegations?”

“Very solid,” Hez replied without hesitation. “Mr. Rubinelli is a recognized expert in the field and we can make him available to testify in the near future. He found numerous documents on Ms. Legare’s computer that incriminate Hornbrook. Hornbrook acted as a middleman for over a dozen sales, arranging for purchases of smuggled artifacts by its clients. Ms. Legare, who unfortunately was involved in the smuggling herself, kept records of the sales. Several dozen of those are attached to Mr. Rubinelli’s affidavit as exhibits.”

The sound of tense whispering and pages flipping from the table of Hornbrook lawyers rose behind him. He cut a quick glance at them and saw their heads together while the middle lawyer tapped furiously on his phone. “Hornbrook’s founder and CEO, James Hornbrook, actually kept one of the artifacts for himself—a very nice Aztec jade mask. A picture is attached to Mr. Rubinelli’s affidavit as exhibit forty-seven.”

Judge Sticklesby slowly leafed through Bruno’s affidavit. “I see. What about the contacts between Hornbrook and Ms. Legare that you mentioned?”

“Those are described in paragraphs sixty-one through eighty-two of Mr. Rubinelli’s affidavit. It’s a little technical, but the gist of it is that on at least a dozen occasions, Ms. Legare used an encrypted videoconferencing service to speak with someone from Hornbrook.”

The judge continued to skim Bruno’s affidavit and the exhibits. “It appears that Mr. Rubinelli is basing this conclusion on the fact that Ms. Legare’s computer connected to thisencrypted server at the same time a Hornbrook computer was also connected. Is that accurate?”

“Yes, Your Honor.”

“There’s no record of what they discussed?”

“Not that Mr. Rubinelli or I have been able to locate to date, Your Honor.”

“And also no record of whether anyone else participated in those conversations?”

“No, Your Honor.”

The judge nodded. “All right. Anything else you’d like to add?”

Hez took a quick look at his notes. “Just that Mr. Rubinelli’s affidavit casts serious doubt on the validity of the Hornbrook loan and indicates that the university may have claims against Hornbrook, which should be adjudicated before Hornbrook is allowed to seize essentially all of the university’s assets.”

“Thank you.” The judge turned to Boswell. “Any response, Counsel?”

Boswell stood. “Absolutely, Your Honor.”

Hez gathered his things and resumed his seat next to Savannah. He’d just thrown Boswell a huge curveball, and there was no way he could give a substantive response immediately. He’d want to go through the affidavit with a fine-tooth comb and then question Bruno about it under oath. Boswell and his colleagues would also need to consult with their client and come up with a story that explained away the evidence Hez had just presented. They might be able to do it, but it would take at least a couple of weeks—probably a month or more. That would give Hez much-needed breathing space to prepare his legal counteroffensive. He, Bruno, and the Justice Chamberhad been hard at work, but their plan wasn’t ready for prime time yet.

“Mr. Webster says he just obtained this alleged evidence, and I will not question his integrity,” Boswell said in a tone that made clear he was very much questioning Hez’s integrity. “However, I first saw this affidavit a few minutes ago when Mr. Webster handed it to me in this courtroom. That is far too late. The court should disregard it.”

The judge nodded. “Deadlines exist for a reason and the general rule is to ignore evidence or briefs that are submitted late. However, that rule has exceptions, and I suspect Mr. Webster is prepared to argue that one or more of those apply here.”

Hez half rose. “Yes, Your Honor.”

The judge jotted down a note. “I’m inclined to continue this hearing to allow both sides to brief whether I should consider the Rubinelli affidavit. If I do, I will allow adequate time for Hornbrook to do discovery sufficient to test the accuracy of the affidavit. Is that acceptable to the parties?”

Hez started to relax. It would take time to brief the admissibility of Bruno’s affidavit and more time for the judge to rule. He might get the month he needed even if she ultimately excluded the affidavit. He popped to his feet. “That’s acceptable to the university, Your Honor.”

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