Page 69 of The Proving Ground
I stopped briefly there, hoping one of the Masons would take the bait and object again, but they both remained silent, and I continued.
“This case is important,” I said. “It is important to the families of the victims, but it is also important to the world beyond the walls of this courtroom. It is about sending a message to makers of these products who throw caution and common sense to the wind in the heat of competition and the desire to profit from their technology. I will leave you with this. Eighteen months ago, the National Association of Attorneys General—the organization that represents the top law enforcement officials in every state in the nation—put out this warning, and I’m going to read part of it to you verbatim.”
I pulled a folded piece of paper out of my suit-coat pocket, carefully unfolded it, and began to read.
“‘We are engaged in a race against time to protect the children of our country from the dangers of AI. Indeed, the proverbial walls of the city have already been breached. Now is the time to act.’”
I paused as I refolded the printout and returned it to my pocket. I then pointedly glanced back at the two mothers sitting at the plaintiffs’ table. Both Brenda and Trisha had tears streaking down their faces. They had clasped hands on top of the table. I hoped the jury would see what I was seeing. I turned back to the box.
“Now is the time to act,” I repeated. “Thank you very much.”
I walked with my head held solemnly down back to my table. Brenda’s free hand was resting on the table, a ball of tissues in her grasp. I squeezed her wrist as I sat down, then checked my watch. It was only 11:15, plenty of time to start testimony before the lunch break. Except I wanted the jury to go to lunch thinking about my opener and that message from the attorneys general, not the start of a detective’s testimony.
Marcus Mason stood and asked to address the court. Ruhlin told him to proceed.
“Your Honor, after your admonition, I withheld my objections to Mr. Haller’s opening statement,” he said. “But now the defense must object to his inclusion of several erroneous and exaggerated statements to the jury. The defense would be remiss not to address these.”
“You will get to address them,” Ruhlin said. “When evidence and testimony is presented by the plaintiffs, you are free upon your cross-examination to bring any perceived falsehoods and exaggerations to light. That is how it works, Mr. Mason. Unless you are saying you wish to make an opening statement.”
“No, Your Honor,” Mason said with a sullen tone. “We wish to reserve.”
“Very well, then,” Ruhlin said. “You can’t have it both ways. Mr. Haller, please call your first witness.”
“Could I have a moment to confer with my staff, Your Honor?” I asked.
“Make it quick,” Ruhlin said.
Since Cisco was seated on the aisle, it was easy for him to make a quick exit from the courtroom to go retrieve witnesses as I called them to the stand. I leaned close to him.
“Where is Clarke?” I whispered.
“The witness room,” Cisco said. “I’ll go get him.”
“No, don’t go. I don’t want to put him on yet.”
“Then, who do you want?”
“Nobody. Act like I just said you were a fuckup.”
“What?”
“You’re a fuckup.”
I shook my head, then turned and stepped to the lectern, leaving Cisco confused behind me.
“Your Honor, the plaintiffs’ first witness is not here,” I said. “I am told he is on his way from the police station in Van Nuys and is caught in traffic.”
The judge’s mouth turned downward and I could see the anger in her eyes.
“Mr. Haller, I told you to have your witnesses ready and that we don’t waste time in this courtroom.”
“Yes, Your Honor,” I said. “I thought we had them all ready. But Detective Clarke is not able to be here this morning.”
“Can you take another witness first?”
“Uh, not really, Your Honor. We need Detective Clarke to set the stage for the witnesses that come afterward. He is the lead investigator on the case.”
“All right. We are going to take an early lunch break. We will reconvene at one o’clock sharp. Mr. Haller, have your witness ready.”
