Patrick Maguire was appraising the jury and he was an expert at it. As Jennifer droned on about the statistics, Maguire could tell that the jurors were getting bored with this trial. It was becoming too technical. The trial was no longer about a crippled girl. It was about trucks and braking distances and faulty brake drums. The jurors were losing interest.
Maguire glanced over at Jennifer and thought, She’s not as clever as she’s reputed to be. Maguire knew that if he had been on the other side defending Connie Garrett, he would have ignored the statistics and mechanical problems and played on the jury’s emotions. Jennifer Parker had done exactly the opposite.
Patrick Maguire leaned back in his chair now and relaxed.
Jennifer was approaching the bench. “Your Honor, with the court’s permission, I have an exhibit I would like to introduce.”
“What kind of exhibit?” Judge Silverman asked.
“When this trial began I promised the jury that they would get to know Connie Garrett. Since she is unable to be here in person, I would like permission to show some pictures of her.”
Judge Silverman said, “I see no objection to that.” He turned to Patrick Maguire. “Does the attorney for the defense have any objection?”
Patrick Maguire got to his feet, moving slowly, thinking fast. “What kind of pictures?”
Jennifer said, “A few pictures taken of Connie Garrett at home.”
Patrick Maguire would have preferred not to have the pictures, but on the other hand, photographs of a crippled girl sitting in a wheelchair were certainly a lot less dramatic than the actual appearance of the girl herself would have been. And there was another factor to consider: If he objected, it would make him look unsympathetic in the eyes of the jury.
He said generously, “By all means, show the pictures.”
“Thank you.”
Jennifer turned to Dan Martin and nodded. Two men in the back row moved forward with a portable screen and a motion picture projector and began to set them up.
Patrick Maguire stood up, surprised. “Wait a minute! What is this?”
Jennifer replied innocently, “The pictures you just agreed to let me show.”
Patrick Maguire stood there, silently fuming. Jennifer had said nothing about motion pictures. But it was too late to object. He nodded curtly and sat down again.
Jennifer had the screen positioned so the jury and Judge Silverman could see it clearly.
“May we have the room darkened, Your Honor?”
The judge signaled the bailiff and the shades were lowered. Jennifer walked over to the 16mm projector and turned it on, and the screen came to life.
For the next thirty minutes there was not a sound to be heard in the courtroom. Jennifer had hired a professional cameraman and a young director of commercials to make the film. They had photographed a day in the life of Connie Garrett, and it was a stark, realistic horror story. Nothing had been left to the imagination. The film showed the beautiful young amputee being taken out of bed in the morning, being carried to the toilet, being cleaned like a small, helpless baby…being bathed…being fed and dressed…Jennifer had seen the film over and over and now, as she watched it again, she felt the same lump in her throat and her eyes filled with tears, and she knew that it must be having the same effect on the judge and the jury and the spectators in the courtroom.
When the film was ended, Jennifer turned to Judge Silverman. “The plaintiff rests.”
The jury had been out for more than ten hours, and with each passing hour Jennifer’s spirits sank lower. She had been sure of an immediate verdict. If they had been as affected by the film as she had been, a verdict should not have taken more than an hour or two.
When the jury had filed out, Patrick Maguire had been frantic, certain that he had lost his case, that he had underestimated Jennifer Parker once again. But as the hours passed and the jury still did not return, Maguire’s hopes began to rise. It would not have taken the jury this long to make an emotional decision. “We’re going to be all right. The longer they’re in there arguing, the more their emotions are going to cool off.”
A few minutes before midnight, the foreman sent a note to Judge Silverman for a legal ruling. The judge studied the request, then looked up. “Will both attorneys approach the bench, please?”
When Jennifer and Patrick Maguire were standing in front of him, Judge Silverman said, “I want to apprise you of a note I have just received from the foreman. The jury is asking whether they are legally permitted to award Connie Garrett more than the five million dollars her attorney is suing for.”
Jennifer felt suddenly giddy. Her heart began to soar. She turned to look at Patrick Maguire. His face was drained of color.
“I’m informing them,” Judge Silverman said, “that it is within their province to set any amount they feel is justified.”
Thirty minutes later the jury filed back into the courtroom. The foreman announced they had found in favor of the plaintiff. The amount of damages she was entitled to was six million dollars.
It was the largest personal injury award in the history of the State of New York.
20
When Jennifer walked into her office the following morning she found an array of newspapers spread across her desk. She was on the front page of every one of them. There were four dozen beautiful red roses in a vase. Jennifer smiled. Adam had found time to send her flowers.
She opened the card. It read: Congratulations. Michael Moretti.
The intercom buzzed and Cynthia said, “Mr. Adams is on the line.”
Jennifer grabbed the telephone. She tried to keep her voice calm. “Hello, darling.”