courtroom story
Plaintiff lawyer' opening statement:
Good morning, ladies and gentlemen!
We are here today to restore justice, which was impinged on and abused by greed, hatred and craftiness of the defendant. After tough and very exhaustive divorce procedure, my client, Mrs Wall, found out by chance that the picture she had painted was sold at Christie's for a considerable amouNt of money by her ex-husband.
Mrs Wall was not consulted with, she was not contacted with, she was not even notified.
Luckily, there's a witness who will testify under oath that it was Mrs Wall who created this painting.
Ladies and gentlemen of the jury, I am sure as, I think, you are, that it is absolutely fair that a person who created a painting has the right to the proceeds from the sale of this painting. It stands to reason, doesn't it?
Ladies and gentlemen of the jury, justice is in your hands, and I ask you to do the right thing, and to restore Mrs Wall' abused right is per se absolutely right thing to do.
I finished, Your Honour.
Judge: You may be seated. Defence, you may start your opening.
Defense lawyer' opening statement:
Ladies and gentlemen of the jury, what you're going to hear today is a sad story of a very unfair, devastating, frustrating and at the same time unfounded claim.
Once happy spouses are now worst enemies, and the reason for this is a masterpiece, created by the defendant I have...
Plaintiff lawyer: Objection, Your Honour! There were many other reasons for the divorce, the painting in question is not among them.
Judge: Overruled. You are not entitled to objection, Mr. Rodrigo. This is the defence opening statement. Mr. Scott has the right to present his side of the story as he wishes without any interruption. You may proceed, Mr. Scott.
Defense lawyer: Thank you, judge. So, I'd like to highlight that it was only after the sale of the defendant famous painting at Christie's that the plaintiff all of a sudden claimed ownership of the painting. Isn't it funny? The plaintiff is a math teacher, and Mrs Wall has been a teacher all her life, she never painted, and moreover, she despised the defendant occupation...
Plaintiff lawyer: Objection! Relevance!
Judge: Overruled.
Defense lawyer: And that was one of the reasons for the divorce. But ladies and gentlemen of the jury, there are some things the plaintiff lawyer forgot to mention in his openings. For example, that the divorce had been initiated by the plaintiff and was performed in a very organised, calm and decent manner until... until, until the defendant painting was sold at Christie's for - ladies and gentlemen of the jury, are you ready - for fifty million euros!
(fifteen second pause)
Now, the plaintiff claims the ownership? Really? Never holding a brush in her hand, despising painting as an occupation, after her written statement presented to the defendant divorce lawyer stating and I quote " I don't mind my ex-husband keeping all his miserable daub whatsoever in his possession." And now out of the blue the claim? Mrs Wall states she participated in the construction of this painting? What? How? How on Earth could it be? Ladies and gentlemen of the jury, in their openings the defence promised you to prove their statement, but I assure you, what you are going to hear from them is an absolutely fanciful, fantastic and unreliable fairytale.
Plaintiff lawyer: Objection, Your Honour! This is humiliation of the plaintiff!"
Judge: Overruled. Sit down, Mr. Rodrigo. And, please, don't raise your voice. I don't have any hearing problems. Go on, Mr. Scott.
Defense Lawyer: In conclusion, ladies and gentlemen of the jury, I hope all of us understand that we are in court where we stick to facts and truth, not to fanciful fairytales.
I finished, Your Honour.
Judge: Well, you may be seated.
Mr Rodrigo, you have witnesses. Which one are you going to begin with?
Plaintiff lawyer: It would Miss White, Your Honour.
Judge: What number on the list?
Plaintiff Lawyer: Number 16.
Judge: Yes, I see. Well, call the witness, please.
(pause)
Judge: You've been sworn, haven't you?
Witness: Yes.
Judge: Please, have a seat and speak into the microphone... the thinner one.
Plaintiff lawyer (PL): Good morning, Miss White.
Witness (W): Good morning.
PL: Spell your full name for the record, please.
W: Rosalinda White. R-O-S-A-L-I-N-D-A W-H-I-T-E.
PL: Thank you. Where do your live?
W: I live in Fort Lauderdale Florida.
PL: What's your occupation?
W: Currently I work as a maid in High Noon Beach Resort after I.... after I did quit working as a housemaid in the Walls' house.
PL: You worked in the Walls' house full time?
W: Yes, it's a big house, so I worked full time. I mean everyday, except Sunday, when I go to the Church with my friend Carla and...
Defense lawyer(DL): Objection! Narrative!
Judge: Sustained. Miss White, please, answer the questions to the point without irrelevant deviations.
PL: When did you stop working in Wall's house?
W: Uh... in May, this year after the Walls have divorced.
PL: You don't remember the exact day?
W: No.
PL: Beginning, middle or the end of the month? What would be the best of your recollection?
W: Well, I'd say it was somewhere in the middle.
PL: So, how long had you been working as a housemaid in the Walls' house?
W: Almost three years.
PL: You were glad working there, weren't you?
DL: Objection! Relevance!
PL: Your Honour, relationship between Miss White and the Walls family is relevant.
Judge: I hardly see any relevance, Mr. Rodrigo, unless you rephrase your question.
PL: Did you quit working in the Walls' house in friendly fashion?
W: I'm sorry?
PL: I mean you didn't have hard feelings?
W: Oh, no, no, both of them were friendly to me, and I got paid properly.
PL: So, do you remember what you were doing 0n February 21st of this year?
W: On February 21st I worked all day at the Walls' house.
PL: Why do you remember this day so well?
W: It was Fiona's birthday.
PL: Fiona Wall, you mean?
W: Yes.
PL: So, what happened that day in the morning?
W: Well, I was watering flowers in the lounge, when cook called me and asked me to bring the tray of food to Mr. Wall' workshop.
PL: The workshop is in the house?
W: Yes, on the second floor.
PL: Okay, and what did you do?
W: So, I took the tray and went to the workshop.
PL: Well, what happened next?
W: I climbed the stairs to the second floor, and walked along the corridor to the workshop. But I suddenly stopped.
PL: Why did you stop?
W: Fiona...Mrs Wall called out to me from behind.
PL: And?
W: Well, she took the tray from me and said she would bring it to the workshop herself.
PL: Did you return to the lounge at once?
W: No, I tapped on the door, opened it, and after Mrs Wall entered I closed the door and waited a little...
PL: What were you waiting for?
W: I thought there might be some order from Mr. Wall. He smoke a lot, he might ask me to clean his ashtray or something else.
PL: So, Mrs Wall came in, and what happened next?
W: There was a silence for a while...
PL: Your "while" means one minute, two or what?
W: Oh, no,no, it was about I'd say ten or fifteen seconds.
PL: Okay, what next?
W: Then I heard a loud noise, it was as if the silver tray was placed on the glass table very abruptly.
DL: Objection! Speculation! The witness said the door was closed which means she couldn't see this, it is sheer assumption on her part.
Judge: Overruled. It is an assumption, Mr. Scott, right, but well grounded. She's worked there for three years and could know very well how the tray sounded on the glass table.
PL: Okay, your heard the noise, and what next?
W: Then I heard Mrs Wall saying very angrily " So, that's supposed to be my birthday present?"
DL: Objection! Hearsay!
PL: Your Honour, this was settled in pretrials after I filed motion!
Judge: I am very well aware of your motion, Mr. Rodrigo, there's no need to be so excited. And you, Mr. Scott, aren't you aware of my rulings in regard with this? You have your copy. Look, defence, If the situation had been reversed, you'd have screamed, I can bet. Don't play games in my courtroom, Mr. Scott!
You may proceed, Mr. Rodrigo.
PL: Thank you, Your Honour. Okay, Miss White. How could it be that you heard Mrs Wall given that the door, as you say, was closed?
W: I closed the door, yes, but not all the way, a narrow crevice was left. Besides, Mrs Wall's voice was very loud.
PL: UnderstoOd. What happened next?
W: Mr. Wall answered something inaudible.
PL: What was the tone of his voice? Calm, cheerful, irritated, angry?
DL: Objection! Leading!
Judge: Sustained. Mr. Rodrigo, rephrase your question.
PL: How would you describe his tone?
W: Oh...Er... I'd say it sounded kinda sneeringly.
PL: Did Mrs Wall answer?
W: No. I heard a loud bang. I thought the tray fell on the floor and I entered the workshop to clean the mess.
PL: So, you entered. What did you see?
W: Mrs Wall stood to my right near the table, the tray with food was on the table. There was naked young woman on the divan, illuminated by spotlight, she kinda posed to Mr. Wall, and she was smiling sheepishly. Mr. Wall stood in front of an easel with a blank canvas. His shirt was stained with broth. I froze stunned, and I saw...
PL: Sorry to interrupt, but was there anything on the canvas you just referred to?
W: No, the canvas was pristine, there was nothing on it.
PL: Nothing painted at all? Not a single brush stroke, dot or something?
W: Nothing!
PL: How could you be sure there was nothing on the canvas if Mr. Wall stood in
front of the canvas? It's very important.
W: The matter is, the easel was to my right, and I could see the whole canvas very well, it was blank, I can swear.
Judge: You've been sworn, Miss White, you don't need to do it again.
(laughter in the courtroom)
PL: And what did you see next?
W:Well, I saw Mrs Wall snatched tomato sauce and threw it at Mr. Wall, but he ducked and sauce hit the canvas right in the middle. Then Mrs Wall hurled a sour cream sauce at Mr Wall but again this shell landed on the canvas, the right corner of it.
Mr. Wall cried at Mrs Wall "What are you doing? You crazy?"
But Mrs Wall paid no attention to that, and cast oysters in lemon juice at the canvas, and they stuck very firmly. The next was chocolate mousse, then red caviar, black caviar, coffee, jam. When the tray was empty, Mrs Wall stopped firing, and I saw that the canvas was stained from top to bottom with delicacies. Mrs Wall turned and rushed out of the workshop. Mr. Wall lit a cigarette and smoked, looking with admiration at the stained canvas, and I said to him I was going to bring the water and dish sponge to clean the canvas. But he forbade me to do this. He said that when the canvas was dry, he would coat it with varnish and send it to Christie's auction.
I laughed and asked if he was serious, and he answered he was dead serious. So, I cleaned his ashtray and left.
PL: Did you see this canvas, or we should call it Mrs Wall's, painting, later, and when exactly if you did?
W: Yes, I saw it a week later, when I was cleaning the workshop. The canvas or painting was coated with varnish.
PL: Was there any signature on the painting?
W: Yes.
PL: Your sure?
W: Yes. Mr. Wall showed it to me laughing.
PL: What did the signature look like?
W: Bob Wall.
PL: Spell it for the reporter, please.
W: B-O-B W-A-L-L
PL: Thank you. Now, I'd like to present exhibit number seven.
(pause)
PL: Miss White, is the painting you see on the screen the same you were telling us about.
(pause)
W: Yes.
PL: Are you sure.
W: I am absolutely sure.
PL: The signature looks the same?
W: Yes.
PL: Your Honour, I ask you to accept exhibit number seven as evidence to the court.
Judge: Defense?
DL: No objections.
Judge: Exhibit number seven is accepted as evidence to the court.
PL: No futher questions, Your Honour.
Judge: Well. Defense, you may start your cross-examination.
DL: Good morning, Miss White.
W: Good morning.
DL: You told us you worked as a housemaid at the Walls' house, correct?
W: Correct.
DL: You were hired by Mr. Wall, yes?
W: I got a phone message...
DL: (smiling sarcastically) You were hired by Mr. Wall, yes? It's yes or no
question, answer!
W: No.
DL: You were hired by Mrs. Wall, yes?
W: Yes.
DL: When you were fired, how long did it take for you to find a new job.
W: Two days.
DL: Weekend, right?
W: Yes.
DL: You like your new job, don't you?
PL: Objection. Relevance!
Judge: Overruled. Miss White, answer the question.
W: Yes.
DL: So, didn't it surprise you that you got such a nice job so quickly?
W: Surprise? Why should it surprise me?
Judge: Miss White, you are not allowed to ask questions. This is the defense cross-examination, he entitled to get your answers.
W: No. It did not surprise me.
DL: Has Mrs Wall ever mention to you that her best friend worked as a staff manager in High Noon Beach Resort?
W: I don't recall her saying this.
DL: Did Mrs Wall promise you to facilitate in getting a good job for you as quickly as possible?
W: I don't recall.
DL: You don't recall? Funny, isn't it?
W: I see nothing funny about it.
DL: Fair enough. Miss White do you have a car?
PL: Objection. Relevance.
Judge: Overruled. Let's see how it unfolds.
DL: You have a car?
W: Yes.
DL: What kind of car?
W: Nissan Versa, not a new one.
DL: Okay, and what kind of car do you use now?
W: I use now?
DL: (smiling) You heard me.
(pause)
W: BMV X6 M.
DL: Quite an expensive car. You own it?
W: No.
DL: Who owns it?
W: Mrs Wall.
DL: How nice! Why did she allowed you to use her car?
W: Mine is in repair.
DL: When did you get Mrs Wall' permission to use her car?
W: I don't remember.
DL: When you were not fired yet, right?
W: Right.
DL: But after the canvas mess episode?
W: I'd say yes.
DL: About a month later?
W: I'd say a couple months.
DL: Which makes it the end of April give or take, right?
W: If you say so.
DL: Have you ever known that the painting in question was sold at Christie's for fifty million euros?
W: I haven't.
DL: Had no idea when it was sold?
W: I don't know even now.
DL: Really? Don't watch CBS, NBC, ABC news?
W: No.
DL: Well, it was sold on April 1st. And soon after that Mrs Wall provided you expensive car for usage. It might be a mere coincidence, but... well, okay, let's talk about your dress?
W: My dress?
DL: Yes, Miss White, about dress you wearing right now in the courtroom.
PL: Objection. Relevance.
Judge: Overruled.
DL: When did you buy this dress?
W: About a week ago.
DL: Where did you buy it?
W: The Webster boutique.
DL: Miami?
W: Yes.
DL: So, you went to Miami to buy a dress?
W: Yes.
DL: How much did you pay for it?
(pause)
Judge: Miss White, answer the question.
W: Three thousand dollars.
DL: Oh, and you paid it yourself?
W: What do you mean?
DL: I mean you paid cash or used your own card?
W: No.
DL: How was the payment performed?
(pause)
DL: You are under oath, Miss White, you can be indicted for false testimony.
Answer the question frankly.
W: Mrs Wall paid for it.
DL: She used her card?
W: No. Cash.
DL: Turns out you were together?
W: Yes.
DL: So, it was a gift?
W: Yes.
DL: Expensive gift a week before testifying in court? Do you know how do they call it in legal terms?
W: No.
(a little fuss in the courtroom among the public.)
Judge: What's going on, bailiff?
Bailiff: One man of the audience has a heart attack, Your Honour. I called an ambulance.
Judge: The court hearing is postponed until tomorrow 8.30 AM. You identified the person, bailiff? I think we should inform his family.
Bailiff: It's okay, Your Honour, there's his financial advisor here who exercises financial operations for his boss, the person having heart attack.
Judge: Who is his boss?
Bailiff: He refused to call his name, he told that he is a person who paid for this painting.
Judge: Oh my god, no wonder he has heart attack. Well, I see paramedics arrived, bailiff, please, help them.