Defending Britta Stein Read online

  Britta clamps her lips. She inhales deeply through her nose. Finally, she says, “Consequences? You mean the kind of consequences where people learn the truth about an evil person? Those kind of consequences?” Tears fill her eyes. “I pray for those consequences, Ms. Lockhart.”

  Emma gently lays her hand on her grandmother’s arm. “I think that Ms. Lockhart is referring to the criminal charges and the five-million-dollar lawsuit against you, Bubbe. What is my grandmother going to do about these charges, Ms. Lockhart?”

  “I don’t think she has much of a choice. She’ll pay the fine and she’s going to have to defend herself in the civil case in some way. Ole Henryks and Sterling Sparks are not going to disappear. They want vindication. Henryks wants his reputation repaired. He wants his pound of flesh and he’s hired the right lawyer to pursue it. Sparks is an aggressive publicity hound. That’s why they call him Six-o’clock. I think you can look forward to months of contentious hearings and depositions. Sparks would like nothing better than to play out this drama in front of a jury and the evening news. He’ll call numerous witnesses who will all say they heard about or read about the statements which caused them to question Mr. Henryks’s character. Henryks will claim that his reputation has been irrevocably damaged. I’m sure that Henryks’s doctor will testify that Henryks has suffered and continues to suffer extreme and pervasive mental and physical trauma. It will be a bitter battle. A nightmare for you, Mrs. Stein.”

  “Bubbe, what she’s saying is that the lawsuit will be very stressful for you and, no doubt, very expensive.”

  Britta stares straight ahead. “I can handle the stress,” she mutters. “I’ve been through worse.” She opens the clasp on her leather purse and takes out her checkbook. “I don’t have a lot of money. I can give you three hundred dollars to get started.”

  Catherine shuts her eyes. When she opens them, she is smiling. It is a warm smile that one would show to a child who has acted in a simple but unrealistic manner. Catherine gently reaches over and closes Britta’s checkbook. “I appreciate your offer, Mrs. Stein, truly I do, but money is only a secondary consideration. As Emma correctly pointed out, the most important thing for you to consider is your health. You are ninety-two years old. I’ve seen much younger people lose their balance in such a contentious proceeding. Mr. Sparks’s attacks can and will be very cruel.”

  “What are you suggesting, Ms. Lockhart?” Emma says. “You said she has no choice but to defend herself.”

  Catherine reaches out and pats Britta’s hand. “Look, Mrs. Stein, the lawsuit is really not about the money. They know you don’t have five million dollars. There may be another way to resolve this; a nonmonetary way. Mr. Henryks may be amenable to a consent decree. If you agree to publicly apologize, admit that your accusations were in error, and agree never to insult him again, maybe he would drop the suit. Or agree to a judgment of a small amount, perhaps one hundred dollars.”

  Britta’s jaw begins to quaver. Her eyes widen. “Error? But there was no error, Ms. Lockhart. Why should I apologize to Hendricksen for writing the truth? I’m sorry, but there’s no way I’m ever going to do that. I grew up in Denmark during the war. I was there. I know what ordinary people did, and I know what Hendricksen and his family did. Ordinary people were the heroes, and the Hendricksens were not. Quite the contrary. They were no better than the Nazis; maybe worse, because they helped the Nazis. Ole Hendricksen can file his lawsuit, and he will soon learn what a true Dane will do in times of adversity. A true Dane will stand her ground and fight.”

  Emma squeezes her grandmother’s hand. “I know there were terrible tragedies that happened to the Danish people and to our family, Bubbe. Nothing can reverse that. I respect your resolve, but I don’t want to see you get sick. Henryks is not worth it. You should listen to Ms. Lockhart and let her try to settle the case.”

  Britta’s jaw is set. “Emma, the truth is always worth it. I’m not going to quit and I’m not going to apologize. I’m sorry if that means you won’t take my case, Ms. Lockhart.”

  Catherine is moved. Rarely do her clients show such dedication, and there is something about Britta’s steadfastness that appeals to Catherine. “I think I understand you, Mrs. Stein, and I’ll take your case. But you have to help me here. How do I make a defense for you?”

  “Isn’t truth a defense to a lawsuit for defamation? Aren’t I allowed to speak or write the truth no matter how hurtful it may be?”

  Catherine nods and answers softly, “In theory, yes, you are, Mrs. Stein. Truth is an absolute defense to a suit for defamation.”

  Britta gives a sharp nod of finality. “Then we will prevail.”

  CHAPTER FOUR

  LIAM SCRATCHES HIS head. “You took her case? You actually agreed to defend Britta Stein in an unwinnable defamation case? Do you have some secret desire to be a punching bag?”

  She shakes her head. “It’s not unwinnable, Liam. It’s defensible. Britta swears that all of her statements are true.”

  Liam closes his eyes. “Oh, of course they are. Every one of them. Why wouldn’t they be? Traitor? Nazi collaborator? Nazi agent? I suppose she’s given you solid evidence that proves each of those statements is true? You can prove them in a court of law with competent evidence?”

  Catherine winces. “Well, not yet. I was kind of hoping that you’d help me with that.”

  “Mm hmm. I should have figured. Honey, this case is going to bury you. It’ll eat up your productive hours and your days. It’ll cost a fortune. Sparks is a ruthless adversary who loves nothing more than playing to the TV cameras. He’ll litigate you to death with multiple pleadings, motions, discovery demands and depositions. The trial itself will last for days. Can Britta afford to pay you anything? Can she even cover the out-of-pocket costs?”

  Catherine bites her bottom lip. “I don’t think she has that kind of money, Liam. She offered to pay me three hundred dollars.”

  Liam snorts. “Tell me the truth, Cat. She cast a spell on you, right? Because I can think of no other basis for you to take this on. I know you feel sorry for her, and I know she’s going to need a lawyer, and I don’t blame you for wanting to help her, but you seriously can’t believe you can take this case all the way to trial and win.”

  “What am I supposed to do?” Catherine shrugs. “Britta won’t withdraw her statements or consider a compromise.”

  “What are you supposed to do? You’re supposed to decline the case.”

  “I can’t do that. Where would that leave Britta?”

  Liam rubs his forehead and turns to face her. “Then let the case go to judgment. He’s going to get a judgment anyway. So what? It’s uncollectible. She doesn’t have five million dollars, she probably doesn’t have any substantial assets; she’s judgment proof. So why defend it at all? Let it go.”

  Catherine’s response is sharp and quick. “Because that’s not who I am, and you should know it by now. Confessing judgment is out of the question. Sparks would bury her in citation proceedings and force her into bankruptcy just for spite. Whether she has any personal assets to protect or not, a bankruptcy would devastate her. If after all my efforts there’s a judgment entered against her, then so be it, but I will have done my best.”

  Liam is proud of his wife and he wraps his arms around her. “I’m sorry, Cat. I shouldn’t second-guess you; I just don’t want to see you get banged around.”

  “She’s a good person, Liam. She passionately believes in what she’s doing. I believe in her too. You can call me foolish, but you weren’t there; you didn’t talk to her. When Walter met me for coffee the other day, called me an ‘old trial lawyer’ and told me about this case, he said I would be perfect for it. That’s the word he used. Perfect. And now I think he’s right.”

  “I know you respect Walter, and I know you value his opinion. And I’m sure it was flattering to hear Walter say that he thinks of you as one of the club, but…”

  “Liam, you can stop right there. This is not about flattery. Walter knows my background. He knows we represented Ben Solomon and Lena Scheinman, both Holocaust survivors, and that if anyone would be sensitive to the plight of a World War II survivor, it would be me. He thinks there’s a case here, and that I’m the right attorney to handle it. And now that I’ve met Britta, so do I. What if Henryks was not some Danish war hero like he boasts? What if he was a Nazi?”

  “Why has she waited all this time, Cat? She’s lived in Chicago for six decades. He’s been on TV several times. Why does she choose to confront him now?”

  “Possibly because he’s about to be honored by some Danish association and she wants to set the record straight. She seems very principled.”

  Liam grimaces. “Cat, I’m just trying to point out the impossible hurdles of defending this case. Mrs. Stein, a ninety-two-year-old woman, goes after a ninety-five-year-old man, and not just any ninety-five-year-old man, but one whom everyone loves. And she does it just to set the record straight?”

  Catherine nods sharply. “Yes. That’s right.”

  “I think a lot of folks would say why doesn’t she just leave the man alone, let him have his accolades and go off to some nursing home?”

  “A lot of folks didn’t meet with her today; I did. It’s not just about setting the record straight. It’s something else. Something much deeper. I believe that something Henryks did years ago harmed Britta or her family.”

  “What did he do?”

  “I don’t know yet, but there’s a personal connection here, I’d bet my bonnet on it. To witness Henryks being honored as a hero is something she cannot abide. Maybe after all these years she sees an opportunity for redress. Her motives are pure, I’m sure of it, and I need you to believe in me, to stand behind me.” Catherine has tears in her eyes.

  Liam
holds her tightly. “Of course I believe in you. Always have, always will. I’m just trying to protect you from a crash and burn.”

  “I don’t need you to protect me. I need you to support me.”

  “One hundred percent. So, it’s your belief that something happened to this woman years ago, something terrible, and Henryks was involved or responsible, right?”

  Catherine nods. “She didn’t exactly say that, but sitting in my conference room, with those two women, I could feel it. She seemed so genuine. Walter had sensed it too. Liam, no one would sneak around in the middle of the night and paint such horrible statements unless they were impelled to do so.”

  “No one in their right mind?”

  “There’s nothing wrong with her mind. She’s a wealth of knowledge and her recall is sound. There’s a lot of facts sitting in her memory; I just have to dig them out. She told me that after the war, thousands of Danes were arrested and charged as collaborators. To her memory, many were sentenced, some to death. According to Britta, Ole Henryks was a collaborator.”

  “He was charged?”

  She shakes her head. “He was not.”

  “Why not? Was he exonerated, or did he just vanish?”

  “I don’t know. That just might be a job for the world’s greatest private investigator. By the way, at one point in our discussion, Britta called him Hendricksen.”

  Liam lifts an eyebrow. “Hmm. Did he change his name?”

  Catherine shrugs. “I don’t know. He could have, or it could have been changed by an immigration officer at Ellis Island. It might indicate a desire to hide his true identity.”

  “Ultimately, you know where the answers to these mysteries lie, don’t you? They’re probably three thousand miles away in some Copenhagen office or museum.”

  Catherine nods.

  “Well, I’ve never been to Copenhagen,” Liam says with a whimsical smile. He raises his index finger, winks and says, “But…”

  Catherine sighs; she knows the joke. “I know, but you kinda like the music.”

  “Exactly. Well, I’m all in, honey. I’ll help in whatever way I can. When does the case come up in court?”

  “Next Thursday. There’s a hearing to extend the temporary restraining order. I’ll go but I won’t contest it.”

  “Why not?”

  “In order to contest the order, there would have to be an evidentiary hearing. Britta would have to take the stand and subject herself to Sparks’s cross-examination. And to what end? There is no denying that Britta spray-painted the wall. It’s on video. I’m not going to bring Britta into court; not now anyway. Just to walk into the courtroom she’d have to weave her way through a pack of hungry reporters. It would be a zoo.”

  “Do you really think the media will be there for a routine motion?”

  “It’s Sterling Sparks, Liam. He will have alerted the media; that’s his style. I’m afraid there will be nothing routine about this case. It’s going to be a battle every day.”

  “All right, I get it. Let me know what I can do.”

  “I have a meeting at the office with Emma and Britta at nine a.m. tomorrow, and I’d like you to attend. I want to get you involved from the very beginning. There will be a lot of work to do in a short period of time. Consider this; I have to prove that six of the most dead-on slanderous statements, spray-painted on the private property of a person who is about to be honored as a war hero, are all nondefamatory. Why? Because the statements are privileged. And they are privileged because they are true.”

  “Is that all?”

  Catherine smiles proudly. “That’s all.”

  “Are you ready for the massive attention?”

  Catherine leans back on the couch and bites her lower lip. “Liam, just think of it; this case is so impossible, so high-profile, it’ll be the case of the year. And I’m going to win it.”

  CHAPTER FIVE

  “THANK YOU ALL for coming in so early this morning,” Catherine says as the group assembles around her conference table. “There is a lot to be done. In order for us to build an effective defense for you, Mrs. Stein, each of us will have to work very hard.”

  “You can start by calling me Britta.”

  “Of course. Britta, I’d like to introduce my husband, Liam. He’s an excellent private investigator and researcher. I’ve asked him to sit with us during your appointments, if you don’t mind. As this case heats up, there may also be security concerns. One never knows in an emotionally charged case.”

  “Welcome aboard, Mr. Lockhart,” Britta says. “I feel safer already.”

  Catherine perks up. “Yes indeed, welcome aboard, Mr. Lockhart,” she says with a wink.

  Liam starts to correct Britta, thinks better of it, smiles and dismisses it with the wave of his hand.

  Catherine continues, “I anticipate that Mr. Sparks will ask the court for quick deadlines, so we may have far less time than normal to prepare. I’m going to pass out assignments to each of you this morning, and we’re going to dive right in. In a tight schedule, we will need to gather facts quickly.”

  “Sparks doesn’t impress me as the type who likes to work hard,” Britta says, “so why would he move for quick deadlines and put the pressure on himself? What’s bad for the goose is bad for the gander, is that not so?”

  Catherine sees a light go on in Emma’s eyes. The young attorney understands perfectly. “I think I’ll let Emma answer that question for you,” Catherine says.

  Emma turns toward her grandmother. “The man who brings the lawsuit, the plaintiff, has the burden to prove his case by a preponderance of the evidence. He is required to introduce sufficient proof of each of the elements of his complaint, whether by witness testimony, documents, videos or other physical evidence. If he fails or falls short, his case may be dismissed by the judge without even getting to the jury. Normally that burden requires substantial pretrial time for the plaintiff. But in your case, Bubbe, much of Henryks’s burden has been lifted. You can’t deny that it was you who painted the words.”

  “I wouldn’t.”

  “Right. It is undisputed that you painted all the signs on Mr. Henryks’s property. And it is undisputed that the words you painted are serious enough to be actionable. Sparks doesn’t need days of proof. All he needs is the video and your admissions.”

  “But the words are true, Emma. And Catherine said that truth is a defense to a claim of defamation.”

  “She’s right, Bubbe, but that defense is ours to prove. A trial is all about shifting burdens—who has the burden of going forward with the evidence. In a defamation case, asserting that the statements are true must be raised in a pleading known as an affirmative defense, which places the burden of proof on the defendant. Now you have the responsibility of going forward with the evidence. If you fail, your defense will be dismissed. In other words, you must prove, by a preponderance of evidence, that Henryks was a Nazi collaborator, a Nazi agent, a traitor, a betrayer, and all those things you wrote.” She glances at Catherine for approval and receives a nod and a smile. “As Catherine said, we have a lot of work to do and probably a short time to do it.”

  “That doesn’t seem fair,” Britta argues. “Isn’t there something we can do to make sure we’re given sufficient time to prove the statements are true?”

  Catherine shrugs her shoulders. “The anticipated rejoinder to such a request is that you should have had the proof before you went out and painted those statements.”

  “We do have some proof. I’m an eyewitness. You have my memory, clear as a bell, and I will so testify.”

  “And that is important, but unfortunately, we’ll probably need more than that. If it’s just your word against his, it may not carry the day. When and if Sparks moves to accelerate the case, I’ll strongly object, but given your age and that of Mr. Henryks, the judge is likely to do it anyway. So, the sooner we all start working, the better off we’ll be. As I said, each of us will have an assignment. Britta, yours will be the most important. You will have to search that memory of yours and tell me everything you know about Henryks; every detail. Your narrative will supply the roadmap for us to gather as many supportive facts as we can to prove he was a Nazi collaborator.”