Hank rolled out of his driveway at 5:00AM. He had gassed up his Yukon on the way home from King’s Inn. Tony had called Olivia while they were at King's Inn and put her on speaker. Olivia verbally agreed to sign a form making Hank her personal representative. They were to meet at 2:00 in the afternoon up in Paris.
Hank made it very clear to Tony what his rates were and Tony had no issues with paying for three working days. Tony shook hands on the deal.
Hank spent much of the eight-hour drive north talking with Scarlett, his AI assistant. Scarlett wasn’t exactly “dark-web”, but it also wasn’t the kind of thing the casual AI user would find unless he was willing to pay the steep subscription fee.
Scarlett was able to ascertain the number and locations of the security cameras in the Language Arts building. That wasn’t useful, yet. He needed to learn where the attack had occurred. He also learned that the vendor for the system had a default two-week over-write schedule. That gave him a sense of time urgency.
Scarlett was the Platinum Edition. That meant that “she” came with the predictor/corrector module installed and permission to “speculate” along lines of inquiry Hank was likely to pursue. That paid-off when she volunteered that the Texas A&M, Paris Campus was one of the pilot sites for facial-recognition/biometrics and that the program was active on most of the security cams.
Maybe he would catch a break and get a solid ID on the perpetrator. The case would be dead-on-arrival unless he could prove WHO had attacked Miss Benavidez.
Hank had several delicate tasks to execute over the next couple of days*. One was to ingratiate himself with the detective(s) and the Prosecuting Attorney’s office. Frankly, Hank would be surprised if they had more than one detective and it was a rare detective who would turn down a gift-wrapped package where he didn’t have to burn a lot of shoe leather. Every detective was sensitive to his case closure rate and pushed-back against picking up cases that would make him look bad.
Hank expected the Prosecuting Attorney’s office to be a much tougher nut to crack. Most of the assistant attorneys were VERY prickly. They were usually scraped from the public-defenders who were in the bottom 20% of their graduating classes and they carried a chip on their shoulders.
In Hank’s favor, his client offered good optics: She was a minority and a woman. The key would be to assure the assistant attorney assigned to the case that Hank would be totally invisible and that Olivia would be a reliable stage prop when the PA office was milking the media for publicity.
Hank stopped at the half-way mark to stretch his legs. Hank had put a lot of thought in the vehicle he drove. He chose a truck model that was only made in Texas and he wanted it to project that he was a winner...but not be so gaudy that ordinary folks jumped to the conclusion that he was priced out of their range or that he was greedy. He traded in his truck every three years and always bought a silver truck. White would have better, south Texas sun, dontchya know, but white trucks made people think he was a plumber or worked for a utility. So silver it was.
Hank made it very clear to Tony what his rates were and Tony had no issues with paying for three working days. Tony shook hands on the deal.
Hank spent much of the eight-hour drive north talking with Scarlett, his AI assistant. Scarlett wasn’t exactly “dark-web”, but it also wasn’t the kind of thing the casual AI user would find unless he was willing to pay the steep subscription fee.
Scarlett was able to ascertain the number and locations of the security cameras in the Language Arts building. That wasn’t useful, yet. He needed to learn where the attack had occurred. He also learned that the vendor for the system had a default two-week over-write schedule. That gave him a sense of time urgency.
Scarlett was the Platinum Edition. That meant that “she” came with the predictor/corrector module installed and permission to “speculate” along lines of inquiry Hank was likely to pursue. That paid-off when she volunteered that the Texas A&M, Paris Campus was one of the pilot sites for facial-recognition/biometrics and that the program was active on most of the security cams.
Maybe he would catch a break and get a solid ID on the perpetrator. The case would be dead-on-arrival unless he could prove WHO had attacked Miss Benavidez.
Hank had several delicate tasks to execute over the next couple of days*. One was to ingratiate himself with the detective(s) and the Prosecuting Attorney’s office. Frankly, Hank would be surprised if they had more than one detective and it was a rare detective who would turn down a gift-wrapped package where he didn’t have to burn a lot of shoe leather. Every detective was sensitive to his case closure rate and pushed-back against picking up cases that would make him look bad.
Hank expected the Prosecuting Attorney’s office to be a much tougher nut to crack. Most of the assistant attorneys were VERY prickly. They were usually scraped from the public-defenders who were in the bottom 20% of their graduating classes and they carried a chip on their shoulders.
In Hank’s favor, his client offered good optics: She was a minority and a woman. The key would be to assure the assistant attorney assigned to the case that Hank would be totally invisible and that Olivia would be a reliable stage prop when the PA office was milking the media for publicity.
Hank stopped at the half-way mark to stretch his legs. Hank had put a lot of thought in the vehicle he drove. He chose a truck model that was only made in Texas and he wanted it to project that he was a winner...but not be so gaudy that ordinary folks jumped to the conclusion that he was priced out of their range or that he was greedy. He traded in his truck every three years and always bought a silver truck. White would have better, south Texas sun, dontchya know, but white trucks made people think he was a plumber or worked for a utility. So silver it was.
It was on trips like this that Hank appreciated the leg-room and the long wheelbase that ate up the impulses from the expansion strips.
Hank met with Olivia at one of the on-campus coffee shops. She was tiny and seemed timid and mousy! No wonder Tony felt so protective of her. Never-the-less, she was more than willing to sign the forms Hank pushed over the table to her.
Olivia carefully moved her frappé and polished the ring of condensation off of the table-top with her paper napkin before carefully scanning the pages and then meticulously signing and dating the forms in her best hand.
Hank slid a dollar over to her.
Olivia raised her eyebrow. “What is that for?”.
“For you to be my client, it is formality that you to pay me something tangible. I know that most students don’t carry any cash with them, so I thought I would help you out” Hank said with a smile.
Without a smile, Olivia pushed the dollar bill back toward Hank.
“Oh, shit” he thought. “I offended her!”.
Then she reached into her backpack and pulled out a wallet. “I am a Benavidez. I pay my own way.”
She pulled out a five and said “I trust this will be sufficient.”
Hank met with Olivia at one of the on-campus coffee shops. She was tiny and seemed timid and mousy! No wonder Tony felt so protective of her. Never-the-less, she was more than willing to sign the forms Hank pushed over the table to her.
Olivia carefully moved her frappé and polished the ring of condensation off of the table-top with her paper napkin before carefully scanning the pages and then meticulously signing and dating the forms in her best hand.
Hank slid a dollar over to her.
Olivia raised her eyebrow. “What is that for?”.
“For you to be my client, it is formality that you to pay me something tangible. I know that most students don’t carry any cash with them, so I thought I would help you out” Hank said with a smile.
Without a smile, Olivia pushed the dollar bill back toward Hank.
“Oh, shit” he thought. “I offended her!”.
Then she reached into her backpack and pulled out a wallet. “I am a Benavidez. I pay my own way.”
She pulled out a five and said “I trust this will be sufficient.”
She might look like a mouse, but she had backbone. That was good. She was going to need it.
***
Olivia didn’t expect the meeting to take as long as it did. She thought that she was just going to sign a few forms.
But Hank went through what she could expect from the other side. She could expect them to try to assassinate her character. They would try to paint her as a tramp and a drunk. They would play games like schedule court-dates and then cancel them when she showed up. They would jerk her chain and depose her.
Then Hank verified that Olivia was in agreement with her father. Hank had carefully explained to Tony that the perpetrators could either be milked for the maximum amount of money or they could be hurt. It couldn't be both.
If Hank could put together a strong case (in the background of course) the other side would push for an out-of-court settlement in exchange for Olivia dropping the case. If Olivia pushed for a conviction, then there would be a payday but it would be years down the road and it would likely be much less money than if they took the out-of-court offer.
From the standpoint of the perp, part of the pay-off was to keep their name out of the public record. In the public's eye, "False Imprisonment" sounded like human trafficking and being a pimp.
“I will do my very best regardless of what you choose. But I have to be honest. I will make more money, more quickly if you choose the out-of-court settlement” Hank told her.
“Hurt him!” Olivia said. “He is a bully. I could hear it in his voice. The only way to stop a bully is to punch him in the nose.”
“I will do my very best regardless of what you choose. But I have to be honest. I will make more money, more quickly if you choose the out-of-court settlement” Hank told her.
“Hurt him!” Olivia said. “He is a bully. I could hear it in his voice. The only way to stop a bully is to punch him in the nose.”
Hank sighed. He had tried.
“So, you said there was one other witness. Who is he and how can I get a hold of him?” Hank asked.
Hank was still reserving judgement on the case. He didn’t have a name for the perp. He also had not met the other witness. If the other witness was a total goof-ball, his testimony could pollute the case and make it unwinnable. That was one of the intangibles. Some witnesses elicited visceral reactions in judges and juries, and those reactions were rarely good.
“So, you said there was one other witness. Who is he and how can I get a hold of him?” Hank asked.
Hank was still reserving judgement on the case. He didn’t have a name for the perp. He also had not met the other witness. If the other witness was a total goof-ball, his testimony could pollute the case and make it unwinnable. That was one of the intangibles. Some witnesses elicited visceral reactions in judges and juries, and those reactions were rarely good.
(C) 2025 Eaton Rapids Joe, All Rights Reserved
*True confessions time: This is fiction. 80% 90% of what I wrote in this installment is stuff I pulled out of my rearmost orifice. If you find yourself in this kind of situation, find competent lawyer, pay them the retainer and get the benefit of their training and experience. It doesn't even have to be a GREAT lawyer. An average lawyer will do just fine.
There is great benefit to having an attorney* on retainer.
ReplyDeleteMost attorneys will offer 15-20 minutes for free as a "get to know me" conference. Walk in with a list of specific questions directly related to your situation(s), the better to judge if this attorney will be effective for you. Or not.
If they seem agreeable and useful to you, ask their hourly rate and don't flinch - the good ones will not be cheap - and ask what their minimum retainer is. Usually, it's about $1K. Pay by check so there's a record of the transaction; if your bank doesn't return paper checks to you, print both sides of the online image and file it securely so there is proof you have retained an attorney.
There is nothing wrong with retaining a "general practice" attorney who can refer you to attorneys with specific skill sets. A Criminal Defense attorney, for example, is a specialist and within that specialty there are those who have demonstrated success at the big, complicated felony cases and those who are best at other things, such as traffic citations, DUIs, petit theft charges, etc. One would not seek a podiatrist to deal with cardiac issues, and your family physician, while possessing some knowledge in the area, is not an oncologist. The same is true about the law.
Put your attorney's contact info in your phone but carry one of his/her physical business card; if you're arrested your phone will be taken from you. Have other of your attorney's cards with trusted contacts - spouse, neighbor, friend, etc. You will be allowed one call and you need that call to make sure the necessary info gets delivered to your attorney.
If you have specific legal issues, but no immediate legal need, once retained, burn 30 minutes worth of the retainer to discuss that specific issue, and follow - exactly - the recommendations your attorney provides.
The law is a very complex area of human interaction and it contains benfits, advantages and consequences; being aware of all prior to dire need is wise.
*A competent attorney, as judged by other attorneys who have engaged with him in negotiations.
Heh Heh. "Scarlett". Nicely played, ERJ.
ReplyDeleteFacial recognition cameras are now fully commercial products, look up the company IronYun's Vaidio platform to see what is now considered COTS (commercial off the shelf) equipment. Hank will probably find a gold mine of images of Cole, including ones of him purchasing the spray foam, superglue, etc.
ReplyDeleteThere's a series called "See no Evil" about authorities across the country using cameras of all sorts such as doorbell, gas stations, atm's, stores, etc. to capture snippets of perpetrators driving by, doing things, buying stuff, etc. They then string these together with time lines and other detective work and catch the evil doer, usually murderers, who otherwise would have gotten away with it. Several seasons and mostly interesting stuff.
ReplyDeleteInteresting options are 'now' available. How they get played will be short term vs. long term...
ReplyDeleteI think Hank will be pleasantly surprised when he interviews Gwain, and I expect Scarlett will find a gold mine of misbehavior by Cole that has been covered up by his Daddy.
ReplyDeleteWhat Hank tells Olivia about legal games is not a flight of fiction.
ReplyDeleteWay back, many moons ago, I had a WC claim arising from an accident which caused me great physical harm. I didn't make the claim, my first Dr did.
Involved was years of legal wrangling. My employer, a large Corp, and their insurer played court games. In doing so, they dragged the case longer than it should. I learned from them to play hard ball. My claim grew ever larger. One judge sanctioned all three attorneys. A new, more shark hungry, of three was brought in.
It was supremely frustrating. They had already acknowledged the accident and that it occured on company grounds. Only by complying with their every silly demand did I prevail. (Like several times sending me to a Dr appt at 0800 up to 300 miles away.). My attorney told me that even one cancelled Dr appt or even a late arrival would lead to dismissal. Five years and a lot of Dr exams, some shady, over less than $25k in medical bills. They especially attacked my character.
Didja get that? The case wasn't about the accident nor injury. It was a game to them. Probably to pad their bill. At patient expense.