Page 60 of The Wife

“So I gather you haven’t turned anything over yet.” She did not sound happy with the response.

“Some of the evidence is digital, and to be honest, we were caught off guard by this civil suit.”

The judge offered a wry smile, appearing to appreciate the backhanded comment. “So what you’re telling me is that the discovery is forthcoming? Do we have a date?”

“Imminent, Your Honor.”

“Oh, imminent. How exciting. Should I set my Apple Watch?”

“End of business today.”

“Five o’clock. Excellent. Now, I’m assuming that was the easy part. What are we doing about two cases pending about the same subject matter?”

“They’re not the same,” the prosecutor said. As he defended the difference between a private civil suit and a criminal prosecution brought by the state, I remembered a lawyer explaining the same thing to me when my parents filed a lawsuit on my behalf against the estate of Charles Franklin. He was dead, so we couldn’t send him to prison, but I still had a civil suit to pursue. It turned out that a Pittsburgh contractor could afford a house and a Lexus and only have a total net worth of about a hundred and fifty grand, but it allowed my parents to hold on to their house until I started pitching in, too.

The prosecutor concluded his remarks by suggesting that both cases could proceed separately and simultaneously.

“And what do your complainants desire, Mr. King?”

“You’d have to ask Ms. Martinez, Your Honor.”

The judge’s eyes widened. “You haven’t consulted with your own victims?”

“Our communications are going through Ms. Martinez, who, when notified of the defendant’s motion, decided to appear today personally.”

“Well, how courteous, and I’m sure not at all related to the number of reporters here.”

A few chuckles broke out in the courtroom. How could anyone find this humorous? My husband’s future was at stake.

Maybe I was biased, but Janice Martinez’s voice struck me as nasal and screechy. “Judge, I represent two women in the pending civil case against Jason Powell. As I already explained to both Ms. Randall and ADA King, my clients aren’t officially taking a position on the current motion. However, I would like to note that having two cases pending at once would likely lead to delays in both.”

“That sounds to me like a position, Ms. Martinez.”

“Simply an observation.”

“Uh-huh. You don’t have a preference to resolve the criminal case first?” The judge was tapping her fingers on her bench, appearing to make a point that was lost on me.

“No, Your Honor.”

The judge nodded, as if some suspicion had been confirmed.

The prosecutor must have understood the unspoken exchange of information, because he jumped in to stop whatever was about to happen. “This move is a blatant attempt by the defendant to use the civil case to buy his way out of the criminal justice system. Once the parties reach a financial settlement, Ms. Randall will argue that it affects the validity of our criminal case.”

Both Olivia and Martinez interjected. Olivia called the prosecutor “paranoid.” Martinez said the argument was “offensive.”

The judge wasn’t happy, either. “I’d be careful, Counselor. If I didn’t know better, it sounds like you’re accusing your own victims of being open to the idea of selling their testimony, and I’m sure you didn’t mean to suggest such a thing. Now, in the interests of judicial economy—”

The prosecutor was already shaking his head, hands on hips. Something in my gut told me he was the one who was right.

“You have something to say, Mr. King?” the judge asked. “If not, I’m tolling this prosecution for thirty days. Unless there’s some problem, I expect not to hear from any of you until then. Ms. Randall, Ms. Martinez—it sounds like the two of you should talk.”

Outside the courtroom, Olivia asked if she could borrow Jason alone. As they made their way to the far end of the hallway, a man I recognized from the courtroom started to follow them, but Olivia turned around and barked, “Get near me while I’m talking to a client, and I’ll never talk to thePostagain.” The chastened reporter dashed to the elevator in time to catch the closing doors.

Once Susanna and I were alone, I asked her if she understood the judge’s decision.

“It sounded to me like those women are willing to take money instead of going forward with the criminal case.”

“Isn’t that bribery?”

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