tangent

Chapter 8 - The Deposition

The emergency deposition took place on Monday morning in a sterile conference room on the fifth floor of the Summit County Courthouse.

Because Diane’s arrest at Lincoln Elementary had triggered an immediate violation hearing, Judge Gallagher had ordered both Harold and Diane to submit to sworn depositions under penalty of perjury before Wednesday’s formal injunction trial.

The air in Conference Room 5B was thick with hostility.

On our side of the long cherrywood table sat Sarah Jenkins, impeccably poised with three thick binders of bank statements, and myself.

On the opposite side sat Arthur Vance, looking disheveled in a cheap polyester suit with sweat beading along his receding hairline. Next to him was Harold.

Harold looked significantly older than he had seven days ago. His skin was yellowish, his gray hair uncombed, and his oversized polo shirt hung loosely from his sagging shoulders. The arrogance in his jaw was still there, but it was curdled with a feral, cornered desperation. Diane was notably absent, having been released on bail under strict house arrest conditions that morning.

A certified court stenographer sat at the end of the table, her fingers resting lightly on the small black machine.

“State your full legal name for the record,” Sarah began, her voice crisp, calm, and devastatingly precise.

“Harold Thomas Mercer,” he grunted, crossing his thick, hairy arms over his chest. He refused to look at me, keeping his glare fixed directly on Sarah’s forehead.

“Mr. Mercer, you filed a verified civil complaint against your son, David Mercer, claiming an equitable fifty percent ownership interest in the real property located at 742 Whispering Pines Drive. Is that correct?”

“Yes,” Harold barked. “I built that boy’s life. Without my money, he’d be living in an apartment.”

“Let’s discuss your money,” Sarah said smoothly. She slid a document across the table toward Arthur Vance and Harold. “Exhibit A. Do you recognize this document, Mr. Mercer?”

Harold squinted through his wire-rimmed glasses. His jaw clenched so hard a muscle twitched beneath his ear.

“It’s a bank form,” he muttered.

“It is a Gift Affidavit, signed by you on August 14th, 2021, submitted to Chase Mortgage,” Sarah stated. “Please read line four out loud for the record.”

Harold shifted in his seat. “I’m not reading that.”

“Mr. Vance,” Sarah warned, her eyes darting to Harold’s attorney. “Direct your client to answer.”

Vance nervously tapped his pen against his yellow notepad. “Harold… just read the line.”

Harold let out a heavy, rattling sigh of disgust. *“‘The undersigned certifies that the transfer of fifteen thousand dollars is an absolute gift, made without consideration, and that no repayment or equity ownership in the real property is expected or agreed upon.’”*

“Did you sign that document, Mr. Mercer?”

“They made me sign it!” Harold snapped, slamming his palm against the cherrywood table. The stenographer jumped slightly. “The bank wouldn't approve David’s loan unless I signed their stupid form! It was just a technicality! Dave and I had a man-to-man understanding!”

“A ‘man-to-man understanding’?” Sarah echoed, arching an eyebrow. “So, you are testifying under oath that you deliberately lied on a federal mortgage document to defraud Chase Bank into issuing a three-hundred-thousand-dollar home loan?”

Arthur Vance’s face turned gray. He kicked Harold under the table. “Objection! Counsel is badgering the witness! Mr. Mercer is not on trial for mortgage fraud!”

“He will be if he maintains this lawsuit,” Sarah retorted without missing a beat. “Because either Exhibit A is a binding truth—meaning Harold Mercer has zero equity claim to my client’s home—or Harold Mercer committed a federal felony under 18 U.S. Code § 1014. Which is it, Mr. Mercer?”

Harold glared across the table, his eyes burning into mine. “You ungrateful little punk,” he snarled, pointing a thick, calloused finger at me. “Look at you, hiding behind this woman’s skirts! I wiped your backside! I put food in your mouth! You think you’re a big shot because you work on a computer? You are nothing! Everything you have is mine!”

“Harold, stop!” Vance hissed, grabbing Harold’s sleeve. “Stop talking!”

“No, I won't stop!” Harold roared, rising half out of his chair, knocking his styrofoam water cup over. Water pooled across the polished table, soaking into his attorney’s notepad. “He put his own mother in handcuffs! Diane is at home on a heart monitor because of him! You tell the judge whatever lies you want, Dave, but you’ll burn in hell before I let you keep that house!”

“Mr. Mercer,” Sarah said, her voice remaining deadly quiet, contrasting violently with Harold’s volcanic outburst. “Let’s discuss the Florida property.”

Harold froze. The fury in his face drained in an instant, replaced by a ghastly, pale shock.

Sarah slid Exhibit B across the table.

“A certified judgment of foreclosure from Pinellas County, Florida, dated February 12th of this year,” Sarah read aloud. “Followed by four separate state tax liens totaling eighty-two thousand dollars, and an active bankruptcy petition dismissed with prejudice due to fraudulent concealment of assets.”

Arthur Vance stared at the papers, his jaw dropping. He looked at Harold with wide, horrified eyes. “Harold… what is this?”

“You didn't tell your lawyer, did you, Harold?” Sarah asked softly. “You didn't tell him that you were evicted from Clearwater eight months ago. You didn't tell him that you moved into David’s home not out of fatherly love, but because you were destitute. You didn't tell him that this lawsuit is a desperate extortion attempt to pay off your Florida debts before the IRS seizes your truck.”

“Where did you get this?” Harold whispered, his voice trembling. For the first time in my life, I saw my father’s hands genuinely shaking with fear. The omnipotent, untouchable titan of my childhood had vanished.

In his chair sat a ruined, bankrupt old con artist whose final scam had blown up in his face.

“It’s public record, Harold,” I said, speaking directly to him for the first time in an hour.

Harold turned his hollow, bloodshot eyes toward me.

“You lived in my house for eight months,” I said, holding his gaze without flinching. “You insulted my cooking. You rearranged my furniture. You told my eight-year-old daughter that grown-ups make the rules and that she had to obey you. You treated me like a tenant in my own home while I paid for your groceries, your electricity, your hot water, and your laundry detergent.”

“David—” Harold croaked.

“You don't own fifty percent of my house,” I continued, every word landing like an anvil. “You don't even own the shirt on your back. And on Wednesday morning, Sarah and I are going to hand these documents to Judge Gallagher. And when he dismisses your case, I am going to file for every dime of legal sanctions and back rent the law allows.”

Harold looked down at the puddle of water soaking Vance’s legal pad.

He didn't yell. He didn't slam the table.

He slumped back into his chair, looking small, withered, and thoroughly defeated.

Arthur Vance rubbed his temples, letting out a long, exhausted breath. He looked across the table at Sarah.

“Counsel,” Vance muttered, his voice barely audible. “Can we go off the record for five minutes?”

Sarah looked at me. I gave her a microscopic nod.

May you like

“We can go off the record,” Sarah told the stenographer. “Five minutes. Let’s see what Mr. Vance has to offer.”

---

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