"Ms. Ramana," the questioning began, "you are an expert in con schemes for the largest detective agency in the world. Is that correct?"
"Yes it is," she replied. Ramana sat in the witnesses box with the same dignity and presence she would have had if she were addressing a fourth grade class. She was pleasant and unruffled having appeared in court more times than she could remember. In contrast to the buffoon doctor the jury took reassurance in her demeanor. If she had told them that the moon was, in actuality, made of green cheese, they would have believed her.
"Then please explain to us in simple terms how con schemes generally work."
"There are a wide variety of con schemes," Ramana began in a tone that was authoritative without being condescending, "but the things they generally have in common is that they take advantage of the emotions and the naiveté of the mark. The mark is the person or organization that is targeted by the con scheme. In the case of the slip and fall the emotion played upon is fear. The grocery store, in which the slip occurs, is afraid that it will have to pay out huge damages if the case goes to court. So they usually just settle without questioning the veracity of the charges. They are also afraid that they will loose customers if those customers view their store as an unsafe place to be. If the case does go to court the con then turns to the fears of the jury. The jury members identify with the con man and see themselves as injured and unable to work. The feel genuine fear about their own future financial security and respond to that fear by awarding a generous judgment to the supposedly injured con man." With that she paused and let the information sink in. After having testified so many times before, she knew that the jury would need time to absorb this information.
"And how does naiveté play a role," the attorney coaxed.
"Most good hearted people are simply naïve," Ramana continued. "They just don't believe that that anyone would do something like this on purpose. They believe this because they would never do something like this themselves. But, to the confidence man, it is just a job. Every morning the con man goes to work just like you and I do. But the confidence man's job is to take advantage of an unsuspecting person or organization."
The jury was shifting about in their chairs as though physical adjustments were needed to accommodate the adjustments in their thinking.
"Doesn't the con man ever feel guilty about taking advantage of unsuspecting victims?" the attorney pressed with exaggerated incredulity.
"The con man feels no more guilt over doing his job that anyone else feels about their job. For the con man, his job is something he does well and takes pride in. From his perspective, the victims deserve what they get for being stupid and naïve."
Again there was visible shifting in the jury box. If Garner could have just gotten up and run out of the courtroom he would have. But he was trapped and would have to ride it out. Instead of bolting, he just slumped down in his chair wincing in pain as he did so. And his timing could not have been worse. The eyes of the jury darted from the witness box to the man at the plaintiff's table who had just, indirectly, called them stupid and naïve. His slumping down appeared to be a dare, saying "how could a man with back trouble sit like this," and his grimace was taken as a smirk. The jury could have thrown out the case right then, but there was still more to come.
Next on the stand was Barney Milford.
"Mr. Milford," the attorney began, "please tell us when you saw the defendant for the first time."
"It was about twelve or thirteen years ago at a Publix grocery store in Jacksonville, Florida," Barney began and proceeded to tell the story of young Garner Bullis and his first slip and fall.
"That was a long time ago," the attorney began, "he was only about thirteen at the time. How can you be sure that it is the same person?"
"Well, to begin with, I will never forget that face," Barney replied with total confidence backed up by restrained anger. "But just to be sure, our attorneys got copies of the settlement papers. It's the same guy."
"It seems a little odd to me that you would remember this guy so vividly after all this time. Can you explain to us why you were able to recognize him?"
Barney told the story of his promising job at the Publix and the family that he had lost. He provided a few sketchy details of his lost decade to round out the picture of what Garner had cost him. "When a guy takes away everything you have including a dozen years of your life, you don't forget his face."
The jury looked from the witness box to the plaintiff's table and their outrage was turning to anger, as Barney stepped down from the witness box.
"The next witness I would like to call," the defense attorney began. He paused here for effect and looked directly at Garner. The eyes of the jury followed him and focused on the plaintiff's table. "I would like to call Maria Theresa Diaz."
It hit Garner like a bucket of ice water. He lurched in his chair and then sat bolt upright. The psychological agony of the proceedings had completely masked the pain in his back. At this point, he looked to the jury like one of those guys getting disability for back injuries who are caught on videotape dancing at a disco.
"Ms. Diaz," the attorney began, "you are a colleague of Ms. Ramana, is that correct?"
"Yes."
"And you are an operative for Intercontinental Detective Agency specializing in corporate fraud and bunko."
"Yes, that is correct."
"And you are an attorney."
"Yes."
"Can you explain, to us and the jury, how this 'slip and fall' scam works?" The attorney said 'slip and fall' somewhat glibly and then 'scam' in harsh counterpoint.
"Typically, the grifter," Maria began.
"I'm sorry," interrupted the attorney, "grifter?"
"Yes, grifter," Maria continued, "it is another term for con man." Maria turned to the jury to say this as though she were sharing inside information with them.
"Please continue."
"As I was saying, typically the gifter enters the grocery store and goes over to the produce counter. At the counter they appear to be selecting fruit, usually something small like strawberries. As they handle the fruit they will let a couple of pieces fall on the floor, which they usually crush underfoot. Then they leave the produce counter and mill around in other aisles. They wait until there are a couple other shoppers in the produce aisle to serve as witnesses. Then they come walking briskly down the aisle and slip on the fruit. They claim to be injured and sue the store for negligence. The stores usually settle out of court to avoid a much more costly jury settlement."
"Don't they get hurt falling like that?" asked the attorney in practiced dramatic amazement.
"Not at all," Maria countered, "they have probably practiced that fall thousands of times just like stunt men in the movies. It is just part of their job."
"So, is every person who slips in a grocery store a," he paused, "a grifter?"
"No some are legitimate accidents. However, if it happens more than once it raises suspicion."
"How do you know if it happens more than once," the attorney asked. "I can't imagine that they would try the same stunt twice at the same store."
"No, they wouldn't," Maria agreed, "but several years ago a cooperative set up by the insurance industry developed a central database to track this sort of claim. If a person shows up repeatedly, it is likely that they are scamming."
"And have you checked this database to see if Mr. Bullis is in it?"
"Yes."
"And?"
"It doesn't show the Jacksonville settlement because that was prior to when the database was set up. But it does show three minor settlements and a major settlement from San Antonio for seven million dollars."
"How did he get seven million dollars?" the attorney asked in exaggerated amazement.
"I was his attorney," she replied. Then turning to the jury, "he fooled me too."
The jury shifted in their chairs again. Maybe that horrible man would get away with fooling this lovely young woman with the melodic Mexican American accent, but he wasn't going to fool them. Looks of hatred bored through Garner from the jury box.
"One last question," the attorney began as though it were an after thought, "if he has seven million dollars, why would he be trying to pull off another scam?"
"We checked his finances," Maria replied. "I don't know where all that money went, but Mr. Bullis is broke. My guess is that he did this in a desperate attempt to get some quick money."
In an earlier day, the jury may have turned into a lynch mob. But all they could do was to refuse to grant him any money. It was a civil case, not a criminal one so he was free to walk away. At least he would have been free had the sheriff not be alerted.
The sheriff had been sitting in on the last half of the proceeding and came up to Garner after the jury had rendered its judgment.
"We have laws in this state against bunko and fraud," he said. "I think you'd better come with me."
Just like the forces beyond Garner's control had rallied in his favor in San Antonio, those same uncaring forces rallied against him in Gary Indiana. He left San Antonio riding high. Now he was stuck at the bottom in a town that he had never heard of. He was broke, out of shape, overweight, and suffering from back pain that would not let him sleep or even sit in the same position for very long. In addition, he was facing time in the Lake County jail. He would have to use that time to think about where he had been and where he was going.