Chapter 5

Finally, the first day of the trial arrived.

Beckett took her position at the bench as the bailiff guided the room through the usual motions. Because this was merely a bench trial with no jury needed, they were located in a smaller, more intimate room for the proceedings. There were a few staff, clerks, and subject matter experts in attendance, as well as the lawyers and the defendant present, of course. All eyes were on her as she introduced the case, but she could feel his eyes watching her in particular.

She tried to not let her eyes linger on Castle too long, but couldn't help but notice the extra effort he put into his appearance today. His hair was neatly styled with some kind of gel. He was wearing a tie again today, a navy striped one paired with a light blue shirt under a gray suit.

Must be for court days, Beckett deduced. The shirt was crisp, the suit well-fitted across his broad chest, and he filled it out well. He looked good.

Beckett shook herself out of her reverie and instructed for opening arguments. Josh Davidson took to the podium to begin his opening statement.

"Your Honor, on behalf of the Securities and Exchange Commission, today I aim to prove that Mr. Clark and his associate Mr. Allen did knowingly and unfairly engage in insider trading behavior. Mr. Clark, a financial controller for Far Horizon, Inc. had knowledge regarding an upcoming acquisition of his employer, which is material information that would influence any reasonable investor. Mr. Allen purchased related securities, specifically risky call options based on this non-public information held by Mr. Clark prior to the acquisition.

Finally, records that show Mr. Allen profited substantially from the sale of these calls after the public announcement of the acquisition, to the tune of $250,000."

Suddenly, the shrill sound of Imperial March filled the small courtroom, interrupting his dialogue. Josh looked around in confusion. Was someone pulling a practical joke on him?

Castle's eyes went wide as an acute sense of realization dawned over his face. Beckett's eyes immediately snapped to him and observed his guilty demeanor. Only one person in this room would be immature enough to have that song as a ringtone, she deduced.

"Mr. Castle, I have a strict policy on phones in the courtroom. Cell phones must be placed on silent so as not to disturb the proceedings," she admonished.

"I understand, your honor. Won't happen again."

He tapped a few buttons on his phone and held it up as proof.

"Mr. Davidson, if you would continue," the judge prompted.

He nodded curtly and resumed. "As I was saying, this case is about an unfair advantage. The evidence will clearly show that Mr. Clark and Mr. Allen had an upper-hand based on their knowledge of the acquisition and took this opportunity to enrich themselves. I ask you to hold these individuals responsible for the ill-gotten gains received by the party in question."

Josh concluded his statements gracefully and returned to his seat.

"Thank you, Mr. Davidson," Beckett acknowledged.

"Now we will hear from the defense. Mr. Castle?" she gestured.

"Thank you, your honor," Castle said graciously as he stepped up to the podium.

"Ladies and gentlemen of the jury," he began with flourish, channeling the inner showmanship he had inherited from his Broadway actress mother.

"Mr. Castle," Beckett interrupted. "This is a bench trial, not a jury trial. There are no members of the jury present," she informed. "I will be making the final decision in this case."

"Oh, right. Force of habit," Rick said sheepishly, clearing his throat.

"Well then, your majesty," he began again, directly addressing her.

"Mr. Castle," Beckett said sharply. "I am a judge, not a monarch. You will address me as Judge Beckett or Your Honor," she scolded. "Understood?"

On his right, Josh snickered. How did this guy pass the bar, let alone actually be allowed to practice law?

"Yes, ma'am," Castle mumbled. "I mean, your honor."

Beckett rolled her eyes at him but finally let him proceed.

Castle rolled his shoulders back and got serious. "Although the records do show that my client's associate executed the trades in question, the argument for insider trading in this instance is purely circumstantial. Here we have highly suspicious trading, but no evidence of any communication about conspiracy to commit a wrongful act. Just because the circumstances look bad, there can be an equally innocent reason for the activity.

The evidence will show that my client, Mr. Clark, had no demonstrable influence over the trades performed by Mr. Allen, and that Mr. Allen has a clear history and pattern of risky trading. Data alone isn't sufficient to support a civil or criminal case against a trader. The lesson here is that suspicious trading is not necessarily illegal trading."

Castle ended his opening statement with a nod. Beckett was honestly a bit impressed after he finished speaking. He could actually make a coherent and sound argument when he put some effort into it.

"Thank you, Mr. Castle."

As he was stepping down from the podium, she heard the distinct buzz of a cell phone vibrating in his general direction.

Beckett glared sternly at him. "Excuse me, what is that sound?"

Castle slammed his eyes shut, wincing visibly, and turned to face her.

"That would be my cell phone," he sighed.

"Did I not previously instruct you to put your phone on silent, Mr. Castle?"

"You did, your Honor."

"That's strike two, Mr. Castle. One more strike and I'm tempted to hold you in contempt of court," she chastised.

"Yes, your honor."

"I'm confiscating your phone for the rest of this session. Please bring it up to the bench. You can retrieve it from my office after court adjourns."

Castle reached into his pocket and then plodded to the front with heavy footsteps like a schoolboy in trouble with the headmaster. He flipped the switch to place the phone on silent and relinquished the offending device to the judge.

"Thank you. Now let's resume."

They spent the rest of the afternoon bringing witnesses to the stand to review the evidence. When 4:00 PM rolled around, she adjourned the court and dismissed the group for the day. She left the courtroom without a second glance behind her, exiting through her reserved door. Castle packed his things in record time and chased after the judge.

A/N: This chapter turned out funnier than I anticipated. Castle annoyed Beckett four times in one session, lol.