"Well played, Mr. Gaines.”
Sean Keating’s workday was ending where it had begun-in a bulletproof limousine that shuttled him between BNN headquarters in Manhattan and his fifteen-thousand-square-foot mansion in New Jersey. Keating had purchased one of the first Audi A8 L Security vehicles to roll off the line at the top-secret plant in Neckarsulm, Germany. Hot-formed armored steel, aramide fabric, special alloyed aluminum flooring, and multilayer glass-those core features and a patented antiballistic design stood between his life and the “extremists,” who Keating was absolutely certain were determined to silence him and the controversial voice of BNN. Just to throw off the enemy, Keating’s driver was under strict orders to take a different route to and from work every day. Tonight’s diversion had been wider than usual. They’d stopped at the airport to pick up BNN’s lawyer after a highly productive day in Miami.
“The pleasure was all mine,” Gaines said as he returned the car phone to its compartment.
“How soon can we wrap this up?”
Keating noted Gaines’ hesitation, as well as the quick glance at the bodyguard seated across from them in another row of leather seats. Keating had never formally introduced his lawyer to the Shadow, and he fully understood that it was simply Gaines’ nature to be careful about saying too much in front of people he didn’t know.
“Sharp,” Keating said, “are you hearing any of this?”
The Shadow was completely stone-faced, his lips barely moving. “Only if you tell me to, sir.”
Keating glanced over at his lawyer. “There you have it,” he said.
Gaines smiled uneasily, as if knowing that he was supposed to be satisfied.
Keating said, “So how soon can you make this go away?”
“He’ll come back with ten million,” said Gaines. “But we won’t need to go anywhere near that high. He’s an amateur.”
“Nobody who’s handled as many death cases as Swyteck has handled is an amateur. Somewhere beneath that self-deprecating veneer is a lawyer who will burn you, if you let him.”
“By Sunday night he’ll be pissing in his pants and begging me to offer him fifty thousand dollars payable in biannual installments over the next twenty-five years.”
Keating was unimpressed. “There are no hero points for saving me a few bucks, Ted. The CEO of BNN doesn’t take this kind of interest in a personal-injury case because it’s a matter of nickels and dimes. These allegations go to the heart of this network’s integrity as a news-gathering organization. If it takes the million dollars I’ve authorized to settle it, so be it. It may make sense to take a shot at dismissal on Tuesday, but by Wednesday at the latest I want Swyteck’s signature on a confidentiality agreement, and I want this behind us.”
“I hear you.”
Keating adjusted his seat. A footrest motored into position, and the full-body massage feature vibrated. Luxury was a close second to security.
“I read the rough transcript from today’s hearing before Judge Burrows,” said Keating. His seat was reclined at his preprogrammed fifty-degree angle, his eyes closed. “I have a few thoughts on how Tuesday should unfold, if this doesn’t settle before then.”
Gaines helped himself to a sparkling water from the mini refrigerator. “Swyteck has to survive Monday before we get to Tuesday.”
“He’ll survive Monday,” said Keating.
“I wouldn’t be so sure.”
Keating sat forward, opened his eyes, and shot a look at his lawyer that left no room for doubt. “He will survive Monday. Now let’s talk about Tuesday.”
Gaines’ expression-an unsettled mix of fear and confusion-was exactly what Keating had expected. It was a natural response to a laserlike glare from an insanely rich and powerful man who worked in a corporate bunker and rode to work in a virtual tank. Keating had seen the same reaction many times before-from men with much bigger balls than Ted Gaines.
Gaines drank from his green bottle of sparkling water. “Okay, let’s talk about Tuesday.”
“This hearing cannot be about BNN reporters shutting down the flow of information from the ambulance to the emergency room.”
“That’s the core of Swyteck’s case. He’ll lead with that.”
“Not if Judge Burrows doesn’t let him.”
“The judge ordered him to put on enough evidence to show that his case has merit. That’s his best evidence.”
“You need to make the judge understand that this hearing isn’t about Swyteck’s best evidence. It’s about the weakest link in his case.”
Gaines seemed to catch his drift. “Okay, I think I see where you’re headed.”
“Do you?”
“Yes. Judge Burrows made it clear that he’ll dismiss the case unless Swyteck is able to make a credible showing that he has some chance of winning. Your point is that Swyteck can’t win by proving simply that BNN interfered with a data transmission. He has to be able to show that BNN’s actions actually caused his client to go into a coma.”
“That’s what I want the hearing to be about. Who caused Celeste Laramore to go into a coma? Who’s the real villain? Now, that’s great television.”
His last remark made Gaines pause.
“Not that this is about TV ratings,” said Keating.
“No,” said Gaines, “of course not.”
“So that’s the game plan,” said Keating. “You go into court on Tuesday, and you don’t argue about whether or not BNN intercepted data trying to find out if Celeste was alive or dead. You get as sanctimonious as you possibly can, you look the camera in the eye and say, ‘Judge, we want to keep this short and simple. So for purposes of today’s hearing, let’s all assume-contrary to fact-that BNN interfered with the transmission of data from the ambulance to the ER. Your Honor, even if you make that assumption, Mr. Swyteck’s case is still frivolous. Here’s why.’ You with me, Ted?”
“Yes,” said Gaines. “Except I think you meant to say ‘look the judge in the eye.’”
“What?”
“You said ‘look the camera in the eye.’ I think you meant ‘judge.’”
“Right. Of course. Look the judge in the eye.”
“Because there are no cameras in this courtroom. The complaint was filed under seal at BNN’s request. The hearing is closed to the public.”
“I understand,” said Keating. He glanced out the window, thinking. Daylight was in its final moments, and the tinted glass was like a fuzzy green shroud over the headlights of oncoming cars. “We need to fix that,” said Keating.
“Fix what?”
He glanced back at Gaines. “If we are going to take this all the way to a hearing on Tuesday, I’m going all-in. I want Tuesday’s hearing open to the public.”
“Excuse me?”
“You heard me. Tell the judge to open it up.”
“Hold on a second,” said Gaines. “We’re the ones who got the judge to enter an emergency order that required Swyteck to file his lawsuit under seal. We’re the ones demanding that the case be kicked out of court because Swyteck violated that order. After all that chest-thumping about the need for secrecy, now you want the hearing on this motion to be open to the public?”
“Exactly.”
“Come on, Sean.”
“Swyteck had one good point today,” said Keating. “We are the media, the free press, the First Amendment. BNN can’t be arguing for closed hearings.”
“The judge won’t like the flip-flop.”
“That’s why you get paid the big bucks, Ted.”
Gaines shook his head slowly, as if taken by the size of the task. But he didn’t shy away. “All right,” he said. “We’ll get it done. If you’re sure this is what you want.”
“Absolutely sure. Look, the bloggers have already picked up everything that was posted on that Facebook page. The genie’s out of the bottle, and we have nothing to lose by making this hearing public. We’re hammering Jack Swyteck, and as the Sydney Bennett trial proved night after night, that makes for excellent television. This is prime stuff for Faith Corso.”
Gaines drank the last of his water and sank farther into his seat, allowing his gaze to come to rest on the television screen in the console. The sound was off, but it was tuned to BNN. “Not that this is about TV ratings,” he said quietly.
“No,” said Keating. He found the remote, smiling wryly as he turned up the volume. “Not in the least.”