Wild Justice Part 30

Still, Jane noted. He did not produce them for the panel to confirm his testimony and the chair, despite the request of Diana that they be solicited, did not ask for them.

When Henry hesitated, Trenchant reminded Lyle that student's likes and dislikes of an instructor could vary wildly from year to year.

"Remember how great your SmurFFs were in the nursing course three years ago?" She said. "Then the very next year, they were the pits.

Isn't that correct?"

Lyle reluctantly agreed that it was and Henry quickly took back the questioning to bring Lyle to the crowning touch of his testimony before Trenchant could further discredit him. Henry asked if he thought Diana was unable to write because of an injured wrist during the December last evaluation period. Proudly, Lyle presented two original handwritten doc.u.ments. "Both of these," he claimed, "were written by Diana and I found them in my files."

"This one is dated in mid December, at the time she claims she could not write," he smirked triumphantly at Diana.

"Did you write that?" Henry demanded of Diana, looking smug and terribly well pleased with the way things were going.

"Yes, I did, but not in December. I wrote that after returning from ChristmasNew Year's vacation in January before the cla.s.ses started. This note refers to equipment I would require for the room I was a.s.signed to teach in during the winter semester. I was not a.s.signed that room until I returned from vacation in January so I wouldn't be writing anything about fixtures in December. This is a fact that can be verified.

"Look at this. Trenchant held up the paper for the panel to see.

"The right hand corner has been torn off where I put the date which would be in January. The date written on this note is at the bottom and was written in by Lyle. The ink used is entirely different for the date than for the rest of the note and I recognize the way he makes sevens with the slash."

"Well, yes." Lyle allowed, showing some discomfort, he had written that date in because the note wasn't dated and he put the date on when he received it and that was in December.

He said nothing about the torn corner and looked very anxious.

"Well I kept a copy of this note which I can bring in showing the date to be where this piece was torn off and that date will be in January." Trenchant announced, turning to the committee members.

"Once more, evidence in this hearing has been tampered with."

"It won't be necessary to see your copy," Henry ruled, hastily.

"I'm sure this is just a difference that occurs where each person remembers the date a bit differently. There is no attempt to tamper here. . ."

Chapter 27

Henry nervously dismissed Lyle and directed the committee's attention toward Diana to distract them from further questioning.

"We have finished with the witnesses in this hearing.

If you have a brief summation or anything you want to say in closing, we will hear it, go ahead," he ordered. "First, however, you and the stenographer may take a break while the panel confers."

Instead of leaving after he had finished testifying, Jimbo Jones had gone back to the waiting room to pick up his belongings. Except for Jonathan, the room was empty of people now that the hearing was winding down.

"h.e.l.lo, how goes it," Jonathan greeted him. He had been making himself available in the committee waiting room a few hours every day as Henry had ordered. This was so it would appear that Trenchant had the availability of counsel from the ombudsman if the matter ever came up.

"Not bad. Henry seems a mite wound up though. Can't understand why.

The whole academic council decided to terminate her, what is he getting all haired out about?"

"As I understand it," Jonathan offered, leaning toward Jimbo and lowering his voice into a conspiratorial, confidential tone, Trenchant has managed to bring forth a good defense and has the hearing panel pretty well divided. Only Frank a.n.u.se is going along with Henry. The women are looking at the evidence and they aren't convinced. Jane confided in me during the last break that she thought it was possible that Trenchant had been framed."

"What the h.e.l.l would give her that idea," grinned Jimbo, with a sly wink.

"Quiet, keep your voice down." Jonathan moved away from Jimbo and closed the hearing room door. "Well, for one thing, one of the SmurFFs you found was evidently written by a student.

She came forward and identified it. That really casts doubt on the ability of the doc.u.ment examiners."

"One I found? I just don't understand all this. Everyone keeps telling me that I found some SmurFFs in my course. Lyle, Henry, Mark and now you. I don't remember it and I told the panel that just a few minutes ago."

"You told the panel that? Good G.o.d, Jimbo, Henry was depending on you to confirm that you had found them.

Lyle is probably showing them the note you wrote right now."

"Come off it, Jonathan. Lyle didn't say anything about lying to the panel and it was that cute Janie babe that asked.

If Trenchant had asked the question, I would have said that I had found them. No problem. All Lyle asked me to do was write and date the note last year sometime. n.o.body asked me about that."

Thank heavens, thought Jonathan. Aloud, he said, "You'd better keep that under your hat, Jimbo. From what Jane tells me, Lyle has been pretty creative with the evidence already."

"So what?" Jimbo replied, expansively. "That's his part of the scheme. After all, he's the one that wants to get rid of her."

"Yes, you're right, but be careful about saying things like that.

You never know who will hear and try to make something of it.

Oh, by the way, did you hear that Kate left Henry? He said she was gone when he got home last night--just left him a note."

"No s.h.i.+t. Who'd she catch him doin' it with?"

"Well from what I hear. . ."

The two men gossiped cozily until the members of the panel arrived to announce that the hearing had ended.

"Proceed with your summary," Henry commanded indifferently when everyone was back in place at the table.

Diana Trenchant finished making a note and then said, "Yes, I have some closing words, but first, I want to point out that I was given no opportunity to present reb.u.t.tal witness as you did."

a.n.u.se s.h.i.+fted in his seat, then carefully and slowly, as if he were speaking to a r.e.t.a.r.ded person, said, "You misunderstand.

They were not reb.u.t.tal witnesses. We had them come to clarify things that your witnesses said."

Bull! thought Diana. Aloud, she continued, "They contradicted some of my evidence and I was not given a chance to CLARIFY their testimony with my witnesses."

What is she trying to pull now, Henry moaned to himself, but much to his surprise, Diana pulled her notes in front of her and began her closing remarks.

"Now, for the first charge--that I created false SmurFFs.

I have shown that the doc.u.ment examiner erred regarding the 'suspect' SmurFFs they examined. One, at least, was a recognized student written evaluation. Therefore, their opinion on all of the doc.u.ments is open to question. Several witnesses have testified as to the wrist injury I sustained, showing that I could not have written the two SmurFFs Lyle said he found in the course last year.

"Also, the 'suspect' SmurFFs from previous years are highly dubious as evidence of anything. They are not dated and there has been no discernible chain of custody established. Ian could not even identify them and disagreed with Randy that they were somehow different from the rest of the evaluations received.

"I remind you again that doc.u.ment examiners are not infallible and that only a couple of small examples of my handwriting were submitted to them that were NOT copies.

We have just seen that Lyle had other examples of original writing of mine. Why didn't they submit original writing as standards or better yet, authenticate the standards by having them written in the presence of the doc.u.ment examiner?

"In point of fact, none of the writing used as standards were authenticated and this makes them moot.

"The second charge, that I submitted these 'suspect' doc.u.ments as student SmurFFs, is unproven. That is because none of the student SmurFFs for those years in question can be validated.

This is because of the way the evaluation process is administered.

Therefore, a chain of custody for the so-called suspicious SmurFF's was not and cannot be established.

"In the 25 years that I have worked at this university, I have never been accused of dishonesty. My work has not been criticized.