What The Heart Wants

Outsmarted

Brian and his stack of witnesses stayed in the courthouse during the lunch recess, eating at the cafeteria.

Brian: I'm glad we got Fabrice out of the way before lunch. Hopefully he will be on his way out of town before Danielle and Jen meet me and some others for Happy Hour at 13. I hope that Lauren and Aaron are having some success with getting details from Greg and Servando's testimony that we can rebut once they close.

Diana: How do you think we're sitting?

Brian: Relatively well, but Fabrice scored a few points when he said that he met Morgan after UVa and that he was misled by her about her orientation, even though he would have ended things with her if he had found out.

Steph M.: Do you think we can finish by the end of the day?

Brian: With the defense and our rebuttal witnesses, maybe. We won't get to closing arguments, though.

Ali: Carm is trying to get us some pick-up time tomorrow morning. Everyone in to play?

Everyone at the table from the Hearts gave a yes. Carm returned from her phone call to tell them that pick-up runs 9 to 12 at Shissler, so they should plan on getting there before 10:30 if they wanted to get in a good workout.

Carm: Can you keep our visit a surprise from your daughter, Brian?

Brian: Of course. I'm sure her friends and teammates will be SO SHOCKED to see real-life pro athletes walking into their rec space, then double shocked when she actually greets you by name.

Wendy: Who's left from their side?

Brian: Based on the list I was given at discovery, they have called all the witnesses they had planned. David did say he reserved the right to re-call Greg, so unless he tries to add someone to his witness list, that will be who's on the stand after lunch.

Tyler: And we're pretty sure they will set up the common man argument for his crossing journalistic boundaries to get answers from our players about themselves and their colleagues and friends, right?

Brian: Yes. I wish we could get another witness before he would be up, because it would give me a better chance of finding the points I want to argue against him since I do agree with a large part of his stance, even if the way he goes about expressing it I find wrong.

Wendy: Are we missing anyone at the moment?

Brian: Jen is I think somewhere with Danielle at the moment, Julie went to the airport to pick up Christen, and Lauren and Aaron at the law library.

Tyler: Should I call Steph and have her come down for the afternoon?

Brian: I think you'll need to if Greg is the only witness they have left, since you and her will be on the stand after that.

Tyler called Steph and told her that she might be called this afternoon as a rebuttal witness so she should come to the courthouse. Brian looked at his watch and, noting that it was 12:45, got up and with the rest of the table went back to the courtroom.

***

David Jay: The defense calls Julie Johnston to the stand.

Brian: Objection. Counsel already had an opportunity to question the witness and did not reserve the right to re-call her.

David Jay: New evidence came to light during our testimony that allows us an exception to the rule.

Brian: What new evidence was disclosed that now makes you believe you can call up a previously-questioned witness?