It's Nothing Personal (43 page)

Jenna looked up at the clock and quickly
calculated the time it would take her to dress and drive downtown.
 
“I’ll be there in an hour.”

“Good,” said Jim.
 
“And we’d like your husband to come with
you.”

Jenna thought about asking why, but
correctly assumed Jim would not tell her.

“We’ll be there in an hour,” Jenna said
numbly.

Hanging up, Jenna felt dead inside.
 
She suspected she was being summoned to
her own execution.
 

Jenna called Tom and told him about the
phone call.

“What do you think this means?” he
asked.
 
“They’ve never wanted me
involved before.”

“I have no idea, but it doesn’t feel
good.
 
I’ll pick you up in thirty
minutes.
 
I gotta go get
dressed.”
 

Jenna did not wait for Tom to confirm if he
could
come.
 
There really was no choice, for either
of them.

CHAPTER 67

Jenna and Tom entered the offices of Moore
and Everett.
 
For Jenna, the
surroundings were intimidating, but familiar.
 
In contrast, for Tom, everything was
foreign.
 
As soon as they entered,
the receptionist buzzed Jim to announce their arrival.
 
In less than a minute, both Jim and
Nancy approached.
 
Both attorneys
appeared gravely serious.
 
Jenna
introduced Tom, and Jim and Nancy escorted them back into the meeting room.

Jenna rounded the corner and was stunned to
see Walter Morey seated at the conference table.
 
Puzzled, Jenna looked from one attorney
to the other and then the other.
 
“Walter?
 
What are you doing
here?”

Jim interrupted.
 
“Jenna, why don’t you and Tom take a
seat?
 
We asked Walter to join us.
 
At this point, you need advice from your
personal counsel, in addition to us.
 
Also, Randy Stevens is on the line.”

“Hi Jenna, thanks for getting to Jim’s and
Nancy’s office so quickly,” Randy’s voice boomed from a speaker placed in the
center of the table.

Jenna sat down, terrified.
 
Her mouth became dry, and she felt
slightly woozy.

Tom took the seat next to her.

“What’s going on?” she demanded.

Under the table, Tom put his hand on Jenna’s
thigh – a reminder that he was there for her.
 
It did little to help.

Jim took the lead.
 
“We were informed this morning that
Judge Hastings has made a ruling on the claim for exemplary damages.”

Jenna felt the room spin.
 
Everyone was watching her for a
reaction.
 
A wave of nausea flooded
over her.
 
She could not breathe,
the air was too thick to draw into her lungs.
 
Tom instinctively reached across the
table for the pitcher of water and poured them each a glass.
 
Jenna had to grasp it with both hands in
order to take a sip.

Tom knew his wife was overwhelmed.
 
The silence in the room was becoming
uncomfortable to everyone.
 
Tom
cleared his throat and asked, “What was the ruling?”

Jim could not look Jenna in the eyes.
 
Watching her reaction was too painful –
like watching an animal being euthanized.
 
Instead, Jim looked at Tom and said with sorrow and regret, “Judge
Hastings ruled in favor of the plaintiff.
 
Exemplary damage charges will be included in the charges against Jenna.”

Jenna erupted into sobs.
 
She had fought so hard, remained so
strong and determined, and endured so much.
 
Jenna was completely devastated.
 
Looking up at Jim and Nancy, she
whispered, “I need a moment alone.
 
Can I go somewhere?”

Without a moment of hesitation, Nancy stood
and put an arm around Jenna, helping her to stand.
 
She led Jenna into her office,
miraculously avoiding contact with anyone along the way.
 
Nancy went to shut the door behind her
and give Jenna some privacy.
 
Before
she could leave, Jenna whimpered, “Please stay.”

Nancy closed the door and came over to her.
 
Jenna buried herself in Nancy’s shoulder
and wept.
 
Eventually, Nancy sat
Jenna down and took a seat next to her.
 
She had tears in her eyes, too.
 

“Jenna, I am so sorry.
 
I have never met anyone quite like
you.
 
I’ve seen the personal
struggles that you’ve overcome over the course of this lawsuit.
 
I’ve watched you grow as a person, and I
deeply admire you.
 
Rarely do I have
clients that I connect with, that impact me.
 
You have.
 
Jenna, I’m proud of you, and I rarely
say those words to my clients or my friends.
 
You should be proud of yourself.”

Overwhelmed by Nancy’s words, Jenna calmed
down just enough to regain the ability to speak.
 

“Thank you.
 
I’m proud that someone like you would
say that to someone like me,” Jenna responded with pure humility.

The two women, who had become friends,
hugged each other tightly.
 
Nancy
whispered to Jenna, “I’m going to give you a few more minutes alone.
 
When you’re ready, come back in, and
we’ll get back to business.”

Jenna and Nancy had been gone for over
fifteen minutes, leaving Jim, Walt, Tom, and Randy alone.
 
The men tried to fill the void with
innocuous discussions of sports and weather, but they were all grateful when
Nancy finally returned.
 

Tom looked at Nancy with concern in his
eyes.
 
“Is Jenna okay?”

Nancy smiled kindly at Tom, “She’s just
taking a couple of extra minutes, but she’s doing better.”

Five minutes later, Jenna reentered the
room.
 
Trying to appear strong, she
said, “My apologies.
 
It won’t
happen again.”

Her attorneys all muttered some variation of
“Don’t worry about it.”

Jim figured the best thing to do was to
proceed.
 
“Just so you both are
clear on what exemplary damages entails, let me explain.
 
In order for Jenna to be found guilty of
these charges, the opposing counsel will have to prove that Jenna’s actions
demonstrated willful and wanton disregard.
 
In law school, the analogy often provided is taking a machine gun and
running down the street, shooting everyone in sight.

“As we’ve said all along, we don’t believe
Jenna’s actions even come close to this standard.
 
We were as shocked by the judge’s ruling
as you both are.
 
However, now that
the ruling has been made, it holds serious repercussions.
 
If the jury ruled against you, it could
decimate your assets.
 
That’s why we
wanted Tom and Walt here.
 
Jenna, your
decision on how to proceed affects not only you, but also your family.
 
They could take everything you have.”

Jenna looked at Jim in disbelief.
 
“How could the judge rule in favor of
including these charges?
 
You said –
you, Nancy, Walt, your colleagues – that nobody thinks this is a punitive
damages case.
 
Can’t we appeal the
ruling?”

Jim conceded, “I’ve already looked into
that.
 
Basically, we’d have to appeal
it to Judge Hastings.
 
The general
consensus is that it would be nearly impossible to get him to overturn his own
ruling.”

Exploring every angle, Jenna searched for
anything that would keep her afloat.
 
“You said that the charges would be decided upon by the jury.
 
If it’s such a preposterous allegation,
wouldn’t a jury be likely to see things in my favor?”

Walt spoke up, “I would strongly advise you
not
to take your chances with a
jury.
 
Like we’ve told you all
along, juries are fickle.
 
Even when
things seem logical and clear-cut, a jury could see them in a completely
different light.”

Clearly frustrated, Jenna looked back at Jim
and Nancy.
 
“Are there any other
ways to fight this?”

Jim spoke up, “There is one last
option.
 
I feel compelled to tell
you about it, but I wouldn’t advise it.
 
In trial, the prosecution’s side will go first.
 
They are going to butcher you, which we
know and expect.
 
Once they rest, we
can make a motion for the judge to dismiss the exemplary damages charge.
 
The problem is, at that point in the
trial you look your worst.
 
We
haven’t yet had our chance to erase the damage they’ve done.
 
Based on that, it’s unlikely that the
judge would dismiss the charge.

“After our side rests, we can again file a
motion for the dismissal of the charge.
 
At that point, it would be our hope that you would look better in the
eyes of the judge and the jury.
 
However,
most judges are unlikely to reverse a ruling they’ve already made.
 
More likely than not, at that point the
judge would throw it to the jury and let them decide.
 
Which brings us back to Walt’s points.”

Jenna directed her voice to the speaker,
“Randy, what do you think?”

“I’ve always felt very strongly that the
doctors being prosecuted because of Hillary Martin’s crimes did nothing
wrong.
 
You’re all victims of a
criminal act.
 
I still think this is
a defendable case, a winnable case.
 
In my experience of over thirty years of defending doctors, I have never
seen punitive damages awarded.
 
That’s true even in cases where I thought the charge might apply.
 
The odds are on your side.
 
That being said, your case could be the
one that stuns us all.
 
I want to
try this case.
 
I want to see you
win.
 
But, if it were myself and my
family on the chopping block, I’d settle.
 
It’s not what I want, but I think it’s the safest move.”

Jenna stood.
 
“Nancy, can Tom and I have a couple
minutes in your office to discuss things?”

“Absolutely.”
 
Nancy stood and led Tom and Jenna down
the hall.

Once they were alone, Jenna clutched her
husband, burying her head in his chest.
 
After several minutes, Tom pushed Jenna back just enough so that they
could see each other’s faces.
 
Tom
looked tired and shell-shocked.
 
Jenna looked defeated and wounded beyond repair.

“For nearly two years,” Jenna shrieked,
“this has dominated my life.
 
They’ve belittled me, embarrassed me, harassed me, called me names, and
said I did things that are completely untrue.
 
I was prepared to fight.
 
I wanted to fight.
 
It was the only thing I controlled –
my decision not to give up.
 
Now
they’ve taken that away, too.
 
I
think the only thing that could ever hurt me more than this is if something
ever happened to you or Mia.”

Tom’s heart broke for his wife.
 
Jenna’s pain and grief were palpable.
 
Staring down at her, he asked, “Jenna,
it’s still your choice.
 
What do you
want to do?”

Jenna’s legs started to give out from beneath
her.
 
She gripped Tom tightly,
shutting her eyes, and falling into a chair.
 
In her mind, Jenna pictured herself lying
face down on the ground, with Allison Anders standing over her.
 
Allison had a bow and arrow, and her
weapon was aimed directly at Jenna’s heart.
 
The only thing preventing Allison from
releasing the arrow was a clean shot.
 
Allison flashed a diabolical smirk.
 
Overpowered, Jenna rolled onto her back and stared into the piercing,
green eyes of her adversary.
 
Jenna
simply muttered two small words, “I’m yours.”
 
With malice and precision, Allison
released the arrow.
 
It penetrated
Jenna’s chest, slicing her heart.

When Jenna opened her eyes, tears of failure
were streaming down her cheeks.

“There is no choice.
 
Game over.”

CHAPTER 68

January
30, 2012

It was mid-morning on a blustery
Monday.
 
The sky was gray and gloomy,
mirroring Jenna’s mood.
 
An angry
wind shook the windows, threatening to intrude.
 
Fresh snow on the ground swirled
violently and gathered in heavy drifts.

Mia was at school, and Jenna sat alone in
her empty house trying to figure out how to put her life back together.
 
She made a cup of tea and sat on the
fireplace hearth.
 
The blazing fire
warmed her back, but brought little comfort.
 
This should have been Jenna’s first day
in court.
 
It was a day that was
stolen from her.
 
A lump of rancid
bitterness rose in her throat.