Page 108 of The Proving Ground
“Have you been promised, contractually or otherwise, any further payment if the plaintiff in this case is successful in this trial?” Mitchell asked.
“No, not at all. And I would not accept any further payment. That is far from the reason I agree to look at cases like this.”
Mason went silent, realizing he could not ask the obvious follow-up question but knowing I would ask it if he didn’t. He decided to quit while he was behind.
“No further questions,” he said.
“Mr. Haller, do you want to redirect?” Ruhlin said, knowing the answer before she asked.
“Thank you, Judge, yes,” I said as I moved back to the lectern.“Dr. Porreca, do you mind telling us, whatisthe reason that you agreed to look at this case?”
“I don’t mind,” Porreca said. “It’s because my professional life is about helping children, and they are very vulnerable to addiction to all forms of online programs and platforms, including those involving artificial intelligence. The truth is, I lose money doing this, but it’s not about the money. It’s about the kids. With my patients, I can help only one person at a time. A case like this can help children and parents on a much larger scale.”
I looked down at the lectern and pretended to read my notes. I had not taken my legal pad with me because I did not need it. But I wanted time for that answer to sink deeply into the minds of the twelve jurors.
“Now, Doctor,” I finally said, “during cross-examination, you said ‘cases like this.’ Are there other cases that—”
“Objection!” Mitchell Mason exclaimed.
“Ended in violence?” I finished.
“There are many,” Porreca said.
“Stop right there!” Ruhlin barked. “The witness is instructed to stop speaking when there is an objection.”
“Yes, Your Honor,” Porreca said, properly cowed by the judge’s tone. “I’m sorry.”
Mason’s objection was based on a pretrial ruling by the judge that other AI cases of similar nature would not be allowed in evidence because they would be prejudicial. Now the judge called the attorneys to the bench. This time she even turned on a white-noise device that would cloak what she knew would be her angry whispers.
“Mr. Haller, you were warned not to introduce other cases,” Ruhlin said. “And it is clear to me that you purposely ignored my order. The question and answer seemed rehearsed and part of a plan to circumvent my ruling. I am finding you in contempt of this court.”
“Your Honor, may I speak?” I asked.
“I can’t wait to hear what you have to say.”
“When the witness said there were other cases like this, neither the defense counsel nor the court objected. I took that to mean a follow-up question would be allowed.”
“It felt very choreographed to me. You clearly were subverting the court’s ruling regarding other cases.”
“I assure you, Judge, I was not. It was an automatic response to the witness’s testimony.”
“We will discuss this and a penalty after the jury is dismissed today. Now step back.”
I returned to the lectern, and the Masons took their seats. The judge instructed the jury to ignore the last statement by the witness and then told me to proceed.
“Cautiously, Mr. Haller,” she said.
I had gotten what I could from Dr. Debbie. I decided to quit while I was ahead and not draw attention away from the many good points she had just made—including the mention of other cases. That answer had been stricken from the record but not from the memories of the jurors.
“Thank you, Dr. Porreca,” I said. “No further questions.”
When Mitchell Mason wisely said he had nothing further for the witness in re-cross, the judge excused her and told me to call my next witness. I asked if we could take the afternoon break before I brought in my next witness, and she agreed. The courtroom emptied while I went to the railing to confer with Lorna and Cisco.
“What happened up there?” Lorna asked.
“She held me in contempt,” I said. “There’s a hearing after the jury goes home.”
“Oh, great,” Lorna said. “Is she going to put you in lockup?”
