Exposed (Rosato & DiNunzio #5)(29)

Bennie slid the piece of paper across the table and turned it around so that it faced Todd the right way. “Do you recognize that handwriting?”

“Yes, it’s Simon’s.”

“Take a moment to read it.” Bennie folded her hands, watching Todd critically. He read the sheet quickly, then raked his hand through his hair, leaving lines in the expensive layers of his haircut.

“I don’t know why he would write this. It’s a total lie.” Todd looked up, his face flushing with new anger. “He’s trying to set me up. He’s framing me. He made this whole thing up.”

Bennie kept her expression impassive. “Just so we’re clear, you’re saying that you never said any of this.”

“I never said any of this!”

“You remember that you did not say it.”

“I remember that I did not say it,” Todd repeated, mimicking her intonation.

“It has the date and the exact time.”

“So what?”

Bennie changed tacks. “You wouldn’t happen to remember where you were on October 20 of last year, would you?”

“Of course not.”

“You keep a calendar?”

“Yes, of course.”

“Is it in your phone?”

“Yes,” Todd answered with a scowl. “You want me to check it?”

“Yes, if you don’t mind.”

“Fine.” Todd leaned over, slid an iPhone from his back pocket, and started thumbing the screen.

“So, were you in the office on Wednesday, October 20 of last year?”

“Look.” Todd held up the screen, showing it to Bennie. “No appointments out of the office. I wasn’t calling on accounts that day. But that doesn’t mean I was in or that we had a conversation like this. It doesn’t prove anything.”

“Let’s move on.” Bennie reached for Exhibit B. The fact that Todd was in the office and could have made the statement went against him. “This is the second instance in which Pensiera claims that you made comments about his daughter’s medical expenses. Why don’t you take a look at that and tell me what your reaction is?”

“I can’t believe this!”

“Here we go.” Bennie passed Exhibit B across the table to him, which read:

Thursday, January 5, 9:15 a.m. Todd said: “This is the beginning of a new quarter and a new year. Do you think this is going to be as expensive as the last round?”

Todd looked up, angrier. “I’m telling you, I never said anything like that. This never happened. When does he say this happened?”

“You can see for yourself. On January 5, nine fifteen, when he turned some bills in to you after her second round of chemo.”

“I didn’t say it!”

“Okay, please check your phone for me and let me know if you were in the office that day, around nine fifteen.”

“This is so ridiculous.” Todd scrolled through his phone. “This is like a search, an illegal search. I didn’t say any of this stuff and even if I did, is it illegal? Is it illegal to ask questions? To talk?”

“No, but under the Americans with Disabilities Act, it’s illegal to fire an employee to save the company from paying the medical expenses of the employee’s family member. It’s considered discrimination. If you said these things, they are direct evidence of discriminatory animus.”

“What about my rights? Don’t I have a First Amendment right to say what I want? Not that I said it, but I am asking you.”

“No. Your First Amendment right is guaranteed as against abridgment by the government or a state actor, but that’s it. In other words, you don’t have a First Amendment right to say whatever you want, whenever you want to.”

“Lawyers!” Todd scrolled angrily through his phone, then held it up. “Okay, again, so no appointments. I was probably in the office that day at nine fifteen. They pay me good money to come here, so I do. I don’t remember meeting with Simon and I know that I did not say anything like that!”

“Okay, here’s Simon’s last note, but I want you to take a very careful look at this one because it matters most of all.”

“This is unreal.” Todd shook his head, fuming.

“Here.” Bennie passed Exhibit C to him, which contained the admission:

Thursday, March 30, 10:15 a.m. Todd said: “These expenses are going to kill us this quarter. It’s really too much. We can’t keep this up. They’re going to raise our rates.”

Todd sent the paper sliding back to her, his mouth tight. “I didn’t say anything like that. I didn’t say it. He made this whole thing up.”

“Why would he do that?”

“So he could start a lawsuit. Simon is a very smart guy. What if he had this planned? Back when Rachel got sick, like I told you, he lost interest in the job. He doesn’t want to work but he still needs money. So he makes up this story. He takes fake notes on days he knows I’m in the office.” Todd dismissed the exhibits with an angry wave. “This isn’t proof of anything. He’s trying to get the money for Rachel’s transplant. He made the whole thing up from the get-go.”

Bennie’s ears pricked up. “What transplant?”