I acted as though it was basic trash-talking. But something about the sarcasm in Marcus’s voice got to me. After checking with Lorna to make sure the PowerPoint was teed up and ready, I went through the gate and out of the courtroom to the hallway to look for Naomi Kitchens. I found her sitting on a bench outside the courtroom with her daughter.
“Lily, do you mind if I talk to your mother alone for a few minutes?” I asked.
Lily looked at her mom, who nodded that it was okay. She got up and went through the double doors back into the courtroom. I took her place on the bench.
“The Mason boys don’t seem all that worried about your memos and emails,” I said.
“Is that good or bad?” Kitchens asked.
“It could be either, but I’m worried they have something.”
“Like what?”
“Something on you, Naomi. So, I’ve asked you this before, but tell me now if there’s anything you haven’t told me that they might use against you to damage your credibility.”
Kitchens shook her head.
“There’s nothing,” she said. “You know it all now.”
“You said in there that you had nothing to do with Quentin Holgard’s crimes,” I said. “That has got to hold up, Naomi. Or we’re fucked.”
“First of all, I told you last night and today that I didn’t want to testify. You made me.”
“And second?”
“It’s the truth. I don’t lie.”
I studied her face, looking for any crack in the resolve and defiance she was showing. I saw no tremor of doubt. She didn’t blink.
“Okay, then,” I said. “I hope we’re good. I’m going to try to run out the clock with you.”
“What does that mean?” she asked.
“I’m going to keep you on the witness stand until we break for the day. That way, if they have something we don’t know about, the Masons won’t get to use it until tomorrow. You good with that?”
“I’m good. But they don’t have anything unless they make something up.”
“Well, I guess we’re going to find out.”
34
JUDGE RUHLIN WINNOWEDmy exhibits from twelve to four, saying they were repetitive and that the two memos and two emails she chose would suffice to make the points intended by the plaintiffs. Based on her previous ruling during the discovery hearing, I had expected this. Judges like to play King Solomon and split the baby when they can. Though I protested and acted as though my case was severely damaged by the ruling, I was happy to get the four exhibits accepted. After the jury was brought back into the courtroom, I used Naomi to introduce the exhibits and read sections as they were put on the screen. I wanted the jury to hear her words in her voice.
There was a unifying theme to the four exhibits and I went through them in chronological order. The first was a memo Kitchens had sent to the top managers of Project Clair.
“You were new to the project when you sent this message, correct?” I asked.
“I had been there seven weeks at that point,” Kitchens said.
“And who was this message addressed to?”
“Jerry Matthews.”
“Who is Jerry Matthews?”
“He was the boss, the overall manager of Project Clair.”
“Did he hire you?”