Chapter 58: You Learned an Important Lesson

April 26, 1984, Chicago, Illinois

"I might just have to modify my rule!" Natasha declared as we got into the shower on Thursday morning.

"I'm glad you enjoyed the extensive oral attention!"

"I cum so much easier from your tongue than fucking, and you had zero qualms of bringing me off with your tongue after you'd cum in me!"

"Is that really a problem?" I asked. "I mean for other guys?"

"Some guys," she replied. "But they also tend to be the ones who think that when they cum, that's the end of it. My first boyfriend wasn't thrilled with kissing me after blowjobs, but he got over it pretty quickly, and I taught him how to pleasure me with his tongue. He did object at first, but I pointed out that if he came and I didn't, I was going to be VERY unhappy. He got the point!"

"Wise!"

"On Sunday, with me on top, I could get myself there, but it was more about you than me. Last night was about me! You acquitted yourself very well!"

"I aim to please," I replied. "It guarantees repeat customers!"

Natasha laughed, "Of that, I have no doubt!"

We finished our showers, dressed, and went downstairs. Natasha stayed for breakfast, and we left the condo together. We parted in the lobby, and I headed to the elevator to take me up to 32 for my meeting with Noel Spurgeon.

"What can I do for you, Kane?" he asked.

"MTB asked if we would waive the minimums for a few USFL players, including Steve Young. They offered the emolument of an introduction to J. William Oldenburg, who owns the LA Express and is a mortgage banker with a high net worth. I think we should do it, but I didn't commit to anything other than bringing it to your attention. Gordon did joke about Donald Trump, but all his money is tied up in real estate or the New Jersey Generals."

"He's too much of a loudmouth and too hands-on. He'd threaten to yank his money the minute we did something he didn't like, even if it was the right move. Anyway, can we use the names?"

"That was the implied offer, but I'll lock it down if you agree to waive the minimums."

"How much total?"

"About $750,000, but Young's contract is $40 million over ten years, so you know that number is going to go up on his investments alone."

"I thought that $40 mil was an annuity with a long-term payout," Noel countered. "Not that I'd let that block it, but it might not be as lucrative as you think."

"I should have looked further into that number. I won't let it happen again."

"Don't sweat this one. Approved. Now we just have to hope the league survives. Chicago sure hasn't worked out for them so far. Blowing that twenty-one-point lead over the Philadelphia Stars in the playoffs last year, and then the 'franchise swap' that sent all the good players to Arizona has done them in. Their last gasp of trying to sign Walter Payton failed, and they'll be lucky to survive this season."

"I haven't followed the USFL much. MB does rep Herschel Walker, but he has someone handling his investments."

"So go get him, Kane! Ask for an introduction."

"I'll make the request."

"So long as they sign up contingent on having their names used in marketing literature at our discretion, I'll approve the exception. Make sure you get that in writing and have Henderson in Legal review it before you sign."

"Will do. Thanks."

"Dismissed!"

I left his office and went down to 29, where I made a pot of coffee and began my daily routine. Pete came in at 7:30am.

"You should stay away from J. William Oldenburg," he said without any preface.

"What did you find?"

"There are many questions about his personal finances and his relationship with his firm, Investment Mortgage International Inc. Utah is investigating him for fraud in a land deal, and my contacts tell me that he has a habit of luring S&Ls into questionable deals. More importantly, a friend of mine in San Fran says Oldenburg is overstating his wealth significantly. He also has the Express spending money like drunken sailors, and that is coming out of his own pocket."

"OK. I think to keep MB happy, I need to speak to him, but I'm not going to take money from him. I want to firm things up before I go back to Noel Spurgeon to let him know what you found. You follow the USFL, right?"

"Yes."

"Steve Young's contract with the Express is $40 mil over ten years. Do you know how it's structured?"

"That was something I read when I was looking into Oldenburg. It's an annuity with a forty-year payout. So he'll get a million a year for forty years, and given the annuity was paid for, that's guaranteed even if the league ends up not making it. There are attendance problems with several teams, including the Blitz and Express. The Express are drawing around 13,000 per game in the second-biggest market in the US. And the Blitz are doing worse."

"What's the end game?"

"A merger with the NFL similar to the AFL merger in '70. I could see a team like the Generals making it because the market is big enough, and they're drawing well. A few other teams could make it, as well. Heck, last year's Blitz were good enough to play in the NFL, just nobody here cared. If they do merge, I suspect it would be more like the '79 NHL expansion, where four of the six remaining WHA teams joined the NHL, rather than a merger of equals like the AFL/NFL."

"And if not?"

"Then it dies. To achieve the merger of either style, they have to do what the AFL did — compete for players and put on good games with strong attendance. Part of the USFL's problem is head-to-head markets. That was mostly not the case for the AFL/NFL."

"Your best estimate?"

"It'll fail. I don't see them making it in their current configuration. Maybe if they ditch all the cities with NFL teams and focus on other big cities, they could do it. That's how the AFL operated, except for the Jets being in New York."

"I never followed any of that closely enough to know, and I was born in '63."

"A babe in the woods! Not that I'm all that much older; I was born in '58."

"Thanks for the catch," I said. "You just saved us some potential embarrassment."

"You're welcome! If you do sign Young, I'd appreciate an autographed photo."

"I'll ask!"

"Thanks!"

He left, and I returned to my work on the analyst report. When I finished, I went to see Mrs. Peterson to arrange for Bianca to come back to work part-time. We agreed on the terms, and then I went back to my office.

At 12:15pm, I left the office and walked to the building where Hart-Lincoln had its offices. I was immediately shown into Thomas Hart's office.

"Mr. Walsh is going to conduct the deposition," Thomas Hart said. "As we discussed, that's permitted by the rules. I'll sit with you for the entire session, and both Mr. Walsh and I will ask questions."

"I didn't realize you could do that."

"Judge Bradford expressly said this was an 'evidence' deposition, which means all parties may ask questions. The reason for that is that Miss Newton's attorneys plan to use the deposition in court to impeach your affidavit. The other kind of deposition, a discovery deposition, cannot be used for that purpose."

"OK."

"Remember you'll be under oath, so if you're stating an opinion, be sure to say that. In addition, if Mr. Walsh is a good attorney, which we have to assume he is, he'll be careful not to ask questions that harm his client. I will ask those."

"If Bev hasn't been truthful with him, he may not know where the landmines are," I said.

"Let me warn you now — do not try to outfox him, do not spar with him, and no matter what happens, keep your cool. Let me do all of that. If you start sparring with him, you may find yourself in an untenable position, and you might open yourself to questions we've put off limits.

"The most important guiding principle in a deposition is that you can never say too little, but you can always say too much. Give the shortest, most succinct answers. Mr. Walsh will expect that I've properly prepared you and be ready to ask follow-up questions. Be very careful of open-ended questions. You can't avoid answering them, but I can ask that the scope be narrowed.

"Finally, be careful of multi-part questions. I'll object to those, and Mr. Walsh will have to rephrase. Keep your answers narrow and do your best to limit their scope to the specific question you were asked. If you feel you need to say more, let me know at the breaks we'll take every hour."

"I understand."

"Is there anything specific you want on the record besides Miss Newton's mental instability and erratic behavior?"

"No. Everything else is in the affidavit."

"Last question before we go to the conference room — what exactly is the nature of your relationship with Miss Clemmons?"

"Very close friends," I replied. "We haven't shared so much as a single romantic kiss. I'll explain to you, but this has to be covered by privilege."

"Of course."

"Her parents raped her older sister, Rose, and locked Violet in a cage while they were doing so after she stumbled upon the abuse. She was under psychiatric care from age fourteen to age eighteen and has been seeing a counselor off and on since then. Her psychiatrist warned me that Violet might never be able to consummate a romantic relationship.

"We spent a lot of time together, and she went with me on those trips because she worked in a daycare before going to work for a plumbing company. I hired her from there as my administrative assistant. Every Saturday, I have breakfast with her before class and usually have lunch with her after class. And she comes to gatherings at my house. But, as I said, no physical intimacy of any kind."

"OK. I assume Miss Clemmons will testify to that?"

"Absolutely. If she is deposed, I'd like you to represent her, and I'll cover the fees."

"You'll both need to waive conflict of interest in that case."

"No problem. If it comes down to her or me, protect her, and we'll figure out how to proceed."

"OK. There will be a court reporter in the room, along with both attorneys and Miss Newton. I will also have a paralegal to take notes. Do you object to having my granddaughter as the paralegal?"

"Not at all. She's a sweet girl, but you know the issue."

"All too well. Shall we?"

We got up and went to the conference room, and Thomas Hart indicated where I should sit, which was to his left, with Kayleigh to his right and the court reporter at the end of the table. A minute later, a young man brought in Mr. Switzer, Mr. Walsh, and Bev.

"We'll go on record," Thomas Hart said, then nodded to the two attorneys.

"Good afternoon," Mr. Switzer said. "I am Jacob Switzer. With me is Lawrence Walsh, an attorney licensed in Ohio, and our client, Miss Beverly Louise Newton. We are here to depose Jonathan Edward Kane in the matter of custody of H.N., a minor, pending in Clermont County Family Court in Ohio."

"Good morning. I am Thomas Hart, counsel for the deponent, Jonathan Edward Kane. Also in the room are Court Reporter Wendy Carr and Kayleigh O'Connor, paralegal with Hart-Lincoln. This is an evidentiary hearing being conducted under an order of protection with specific areas declared off-limits as stipulated by both parties.

"Pursuant to Illinois rules, Miss Newton is permitted to attend the deposition but may not speak on the record. She is, of course, free to consult with counsel. Mr. Switzer and Mr. Walsh, you may proceed."

"Thank you, Counselor," Mr. Switzer said. "My colleague, Mr. Walsh, will conduct the deposition pursuant to the customary practice whereby out-of-state attorneys may take depositions.

LW: State your full name, address, and occupation, please.

JK: Jonathan Edward Kane; 175 East Delaware Place, #9201, Chicago, Illinois; Chief Analyst and Head of Research for Spurgeon Capital here in Chicago."

LW: I hand you your sworn affidavit. Will you attest that your signature is affixed?

JK: It is.

LW: I direct your attention to page 3, line 40.

JK: OK. I have it. The first mention of my trip to Kansas.

LW: Did you travel to Overland Park, Kansas alone?

JK: No.

LW: Who did you travel with?

JK: Miss Violet Clemmons.

LW: And your relationship with Miss Clemmons

JK: She's a friend.

LW: Would you clarify that, please?

JK: There's nothing to clarify. She's a friend.

LW: She's not your girlfriend?

JK: No.

LW: Have you ever been intimate with her?

JK: No.

BN: BULLSHIT!

TH: Objection. Counselor, control your client, or I will insist she be removed.

LW: Bev, please. You cannot speak while we are on the record.

BN: Fine.

LW: On that trip, did you have adjoining rooms?

JK: We did.

LW: And was the door between them open for the entire night?

JK: It was.

LW: I now direct your attention to your affidavit, page 8, line 6.

JK: I have it. My stay at the Radisson Hotel Minneapolis/St. Paul.

LW: Did Miss Clemmons accompany you on that trip?

JK: She did.

LW: And you shared a room, did you not?

JK: A suite with separate bedrooms.

LW: Would you please explain why, in your entire affidavit, there is no mention of Miss Clemmons?

JK: Because I didn't want Bev vindictively going after Violet when Violet had done nothing wrong.

LW: Move to strike as non-responsive.

TH: You asked the question as to Mr. Kane's state of mind, Counselor, and my client gave an honest answer.

LW: Mr. Kane, have you ever spent the night at Miss Clemmons' house?"

JK: Yes, after my wife died of leukemia when I needed time away. I slept in a guest bedroom.

LW: Did you recently hire Miss Clemmons to work at Spurgeon Capital?

JK: Yes, as my administrative assistant.

LW: Is it true that secretaries at Spurgeon are expected to sleep with their bosses?

TH: Objection. There is no foundation and no basis for that question, and it is outside the scope of your permitted questions.

LW: Miss Newton has given a sworn statement to that effect, and it implicates Mr. Kane's relationship with Miss Clemmons.

TH: Jonathan, please answer.

JK: There are rumors to that effect, but I have never personally witnessed any improper relationships between secretaries and their bosses.

Which was true as far as it went, as I didn't actually know anything was going on, though the evidence implied it was.

LW: Have you had intimate relations with any administrative staff at Spurgeon Capital

TH: Objection. That question violates the order of protection concerning my client's personal relationships, except for your client, her family, and Miss Clemmons. Jonathan, do NOT answer.

LW: For the record, I believe the question is relevant, and Mr. Kane opened himself to answering when he admitted to hiring Miss Clemmons.

TH: You are welcome to call Judge Bradford and make your argument.

JS: Off the record, please.

Mr. Switzer and Mr. Walsh stepped out of the room and came back about two minutes later.

JS: We're on the record again. We withdraw the question.

LW: Mr. Kane, did you ever have a discussion with my client about giving Heather to my client's parents?

JK: Yes.

LW: When was that?

JK: While driving back to Chicago from Overland Park.

LW: And what was her response?"

JK: She objected vehemently, but I told her quite clearly that I would do that if she refused to seek counseling for what I felt was mental illness."

TH: What made you think Miss Newton was mentally ill?"

LW: Objection! Your client is not qualified to make that assessment.

TH: You opened the door, Counselor. My client simply stated an opinion. Jonathan, please answer and be expansive.

JK: Her completely erratic behavior, starting with when she dropped out of college, left home, and traveled to St. Louis. Then, she left a good job and a stable home environment with friends in St. Louis and landed in Overland Park. There, she was acting so erratically that the motel clerk called the police, who found her to be hysterical and irrational, and transported her to the hospital, where she was placed under psychiatric care. Her attorney at the time attributed it to what he called postpartum depression, but after further erratic behavior in Chicago and after her arrest, Dorothy Caulfield, the staff psychologist at Goshen High, suggested Bev might be schizophrenic."

BN: THAT'S A LIE, YOU ASSHOLE!

TH: Mr. Walsh, control your client. If there is another outburst, I will end this deposition, and you can take it up with Judge Bradford.

LW: Bev, PLEASE be quiet. Mr. Hart, I suggest a ten-minute break.

TH: Agreed. We are off the record.

Bev and her attorneys went to a small conference room that had been set aside for them, and I followed Thomas Hart to his office.

"I don't think she'll be able to keep quiet, Tom," I said.

"I suspect you're right. She did herself no good and may have ruined her case. They certainly won't be able to use the deposition if her outbursts are there."

"How could they not be?"

"They'll try to exclude them from the final copy because they weren't questions asked of you or responses from you. I won't agree to that unless you instruct me to. I'd advise against it, but it's up to you. If they are left in, it'll be up to the judge in Ohio to decide whether to exclude them or not. We can ensure they are in the record by sending your deposition to the attorney representing Bev's parents, who can give it to Family Services. It all depends on whether you still want 'scorched earth' or not."