Page 68 of The 1 Lawyer

“Directing your attention to February eleventh of this year, did you have occasion to speak with the defendant on that date?”

“I sure did.”

“At approximately what time?”

“I’ll tell you exactly what time it was: three forty-three p.m. I know because I wrote it down. I was taking notes on the conversation.”

“Tell the court what occurred.”

The young woman turned to the judge as if she were an expert witness with years of practice.

She said, “So I was at Alicia’s apartment on February eleventh when the store manager called her on her cell. We were sitting on the couch, and she held up the phone; I saw his name on the screen—Eddie Hough. She didn’t want to talk to him, but I told her to answer and put it on speaker, so she did.”

“Then what happened?”

“As soon as she picked up, he started coming on to her. I heard every word. He said he wanted to see her that night, that they could have a lot of fun. He said she’d been acting like a tease at work, coming in shaking her tits and ass and then pushing him away. That’s a quote, you understand. I wrote it down. ‘You come in shaking your tits and ass at work, then push me away.’ That’s exactly what he said.”

While Rue testified, my mood lifted. The woman knew how to command a courtroom. I gave her a nod of encouragement. “What else did he say on the call?”

“He said he wanted her to start being friendly to him. And if she kept snubbing him, he could make it tough on her. He could cut her hours back or put her on the late-night shift. He knew she didn’t like working late. Alicia’s got a baby in day care.”

I cut a casual glance at the judge. He looked noncommittal. I wasn’t worried. Rue hadn’t fired off all her ammunition yet. “And then what happened?”

“Then he started talking real dirty about what he wanted her to do. Specific sex acts. In explicit language.”

“Begging your pardon, Ms. Holmes, but you need to tell the court exactly what he said.”

She took a deep breath. “He said, ‘If you want to stay on my good side, all you got to do is suck my dick once in a while. Or bend over for a quick fuck in the storeroom.’” She faced the judge again. “That’s a quote.”

She shifted in the chair, looked out at the courtroom, and pinned her gaze on Eddie Hough at his counsel table. I let the defendant squirm for a moment under her righteous glare before I said, “And then what occurred?”

Rue straightened up in her seat. With dignity, she said, “And then I couldn’t stay quiet anymore. I told Eddie Hough that I’d heard the whole thing, every word he’d said. And I said if he got within spitting distance of my sister, I’d lay him flat.”

The judge smirked. A good sign? I wasn’t sure. “What happened the next day?”

“I drove Alicia to her shift at Dixie Belle. I wanted Hough to see me so he’d know I had my eyes open, you understand? As soon as we walked through the door, he came out from behind the service desk and told her to turn around. That she didn’t work there anymore.”

“What else did he say?”

The defense attorney rose. “Objection! Unless there’s an allegation of physical contact on that date, this is irrelevant to the issue of whether the tort of battery occurred.”

The judge shrugged. “I’ll allow it. Objection overruled.”

The defense objection had merit. I hoped the ruling meant that the judge was caught up in Rue’s account and wanted to hear how the story ended. I smiled at her. “You may answer, Ms. Holmes.”

She faced the judge again. “I said, ‘If you fire her, she’s got a right to know why.’ And the guy said: ‘For insubordination.’ Then he told us to get out.”

With that, I ended direct examination. I had to stifle a laugh when the defense lawyer announced he had no questions for Rue on cross. He wasn’t stupid enough to tangle with Rue Holmes.

After we rested, the defense had their turn. The judge admitted evidence over my objection, employment records that showed that my client had never made any written complaint against the supervisor. But I noticed that when the defense attorney passed the paper exhibit up to the bench, the judge set it aside without examining it.

Things were looking good for the plaintiff’s case.

The defense rested without calling Eddie Hough to the witness stand. I guessed that it was a corporate decision. Dixie Belle was afraid the store supervisor would say something under oath that might tie the employer’s hands in the Title VII sexual harassment case.

We had them dead to rights. There was no way we could lose.

Judge Eckhardt prepared to give us his decision. I picked up a pen and held it poised over my legal pad, prepared to write down the amount of money damages we’d get when Eckhardt announced the judgment in our favor. I’d taken this case on a contingent-fee basis. Even with a win, I’d have to collect the judgment from the losing party.

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