CH. 38 LAW & DISORDER
By Jenny A.
AUTHOR'S NOTE: Thanks to Humble Opinion for posting this. Read and review.
DISCLAIMER: I don't own Jem or any of the other characters or the rights to the show. It's just fun, and no profit is earned. No reviews since the Hollywood chapters? Come on people! Let me know how I'm doing.
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When the man bringing her the news and the papers had left, Kara placed a call to Jerrica and told her what had happened. Starlight Music's manager was incredulous but promised she'd have their lawyer look over the suit and think of something.
When she got out of the hospital, two days later, Kara went to see Jesse Sandoval, a well-known litigation attorney that Jerrica had retained, as Starlight's in-house lawyer had never handled a wrongful death suit before. The man came highly recommended, and Kara was sure his services cost a pretty penny. Jerrica had told her not to worry about the expense. Starlight music would be footing the bill. Kara was an important part of the Holograms' act so it was in the company's best interest to see the suit dealt with quickly and quietly and correctly. More to the point, Jerrica assured her, Kara had become part of their family and they would stand by her.
Settling carefully into a chair in his office after the introductions were made, she got straight to the point. "Well, Mr. Sandoval? I hope you've got some answers for me, because I've no idea how to handle this."
"Well, the suit, on the face of it, is absurd. That doesn't mean it can't be pressed, costing you time, money, and general stress. I read the police report and it was a clear case of self-defense. Now, under California law, self-defense precludes the filing of a wrongful death suit, but that generally involves a court trial and the findings of a jury, which won't be happening here. It will still have to be proven that it was self-defense and there were no other options. The testimony of the officer who was there will be a big help in that regard. Now, I would like you to tell me exactly what happened, in your own words."
Kara told the story from the beginning while Sandoval listened attentively. Beginning with Straub grabbing Chrissie and forcing them into the back of the van up to the point where she passed out from her injuries.
"So there was a police officer there," Sandoval spoke as if he were in court and trying to make a point to a judge and jury.
"A police officer who surrendered his weapon and backed away from it," Kara pointed out. "Banks was practically on top of me when I grabbed the gun, and he had already cut me three times."
Sandoval nodded, pleased. "Good answer. We'll work on your testimony if it goes that far, but the circumstances are convincing."
"I'd just as soon keep this out of a courtroom," Kara said. "What about arbitration or something?" She wasn't sure of what that entailed, but knew it didn't involve a courtroom full of reporters.
Sandoval shook his head. "They're doing this because they want the expense and stress a lengthy legal proceeding would cost you."
"They want to draw public attention to what their son was doing when he died? Or that their other son died the same way for the same reason?" That made no sense to her. Kara really didn't want to be there, thinking about those events, and she really didn't want to be looking for ways to turn that horrific experience to her advantage. She'd killed two people, and her own rhythms were in chaos over it. She tried hard to hide it from the band and especially from the girls, but the Holograms, at least, knew she was struggling. While she understood the Banks' desire for some sort of payback, she had to defend herself. There was nothing she could do to make their pain go away, as much as she wished she could.
"I'll certainly point that out to them. Each of you has good reason for wanting this kept out of a public venue. I think they have the better reason."
"You're going to threaten to drag their sons' names through the mud if they push this," Kara said, strongly disliking the idea and making it clear with her tone. Sandoval picked up on that and tried to reassure her.
"It won't come to that, but yes. They have more to lose in this than you do. In each case, you were the victim of a violent assault, merely defending yourself. The Banks family is doing this because they want some sort of revenge, to make you suffer, but this wasn't terribly well thought out on their part. That will be pointed out to them."
"I hope you're right. I don't like the idea of doing anything to hurt them more than I already have." Sandoval nodded in understanding. "I'm not entirely sure why they chose this approach," she admitted.
"As opposed to what?" Sandoval asked. "It may not have been their first choice, but it has the benefit of being legal." Kara shrugged, wincing slightly as the stitches in her side were pulled. "It shouldn't be a problem proving self-defense. I'll draw up the necessary papers and take depositions from you and officer," he glanced at his notes, "Reyes. With that and the physical evidence, it won't be difficult to put together a solid case. When I make it clear what they'll be up against, I think they'll back down."
"They have the money to waste on lawyers, pursuing this for who knows how long," Kara pointed out. "I don't."
"True, which is why I'd also like to draw up a counter-suit. This is harassment and intentional infliction of emotional damage. Unlike this wrongful death suit, that case is very winnable."
"I don't want their money," Kara said flatly, not liking the idea one bit. "I understand the Banks family wanting to lash out, but I'm just looking to defend myself, not punish them for what their sons did." She shook her head. "I think if I sued them back, that's how it would look."
"Understandable," Sandoval nodded, and he did. He'd seen friendships and families ruined over this kind of unpleasantness. "With luck," he tried to reassure her, "it won't come to that. The wrongful death suit is a waste of time and money, just this side of frivolous. If there is one thing judges hate, it is having their time wasted. With luck, that will be the end of it. You may have to tell your story before a judge, but I think it's a bit unlikely."
"Okay," Kara reluctantly agreed, not seeing any other way forward. "This is your territory. What do you need from me?"
Jesse Sandoval nodded; glad to have convinced her to follow his lead. He had examined the case from a variety of angles and was convinced that his strategy would work. "I need to arrange your deposition and that of Officer Reyes. I understand he's currently on administrative leave while his performance is evaluated. I'll also be filing several motions with the court both to delay the Banks' attorney and to get hold of the evidence I'll need."
Kara couldn't say she understood much of the legal maneuvering that the man was planning, but he certainly gave the impression of knowing what he was doing. She hoped he actually did.
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Sandoval managed to arrange the use of a conference room at Starlight Music for the depositions. She got the impression this was something of a coup for him, as the Banks' lawyer was forced to come onto what he likely viewed as enemy ground. It didn't seem to overly concern Mr. Edmonds, the Banks' attorney, as remained stone-faced and indifferent. They took their places and Kara told the story from her perspective for the record. Sandoval asked several questions and Edmonds had a few of his own, intentionally designed to make the situation seem less dangerous and traumatic than it had been.
Kara quickly grew tired of him. "Have you ever had someone hold a knife to your throat, Mr. Edmonds?" she asked, on the verge of losing her temper. "Or had someone tell you they're going to kill you?"
"Have you?" Edmonds asked in a condescending tone.
Sandoval decided he didn't want Kara's answer to that on the court record, and stepped in smoothly to get things back on track and the deposition was concluded without further trouble, though Kara had to bite her tongue on several occasions.
True to his word, Sandoval was able to convince the Banks family to drop their suit, though they did so with bad grace, and Kara suspected they were still trying to think of a way to make her life difficult. Sandoval had suggested pressing the countersuit for intentional infliction of emotional damage, but Kara declined.
All of the legal loose ends were tied up by the time a package arrived via messenger at Starlight Mansion from a man calling himself Red Johnny Mac. Within days for receiving it, the group was headed for England.