Disclosure

"So when you say that during your meeting with her you felt that your job was at risk, that was not because of anything Ms. Johnson actually said or did?"

"No," Sanders said. "But it was in the situation."

"You perceived it as being in the situation."

"Yes."

"As you had earlier perceived that you were in line for a promotion, when in fact you were not? The very promotion that Ms. Johnson ended up getting?"

"I don’t follow you."

"I’m merely observing," Heller said, "that perceptions are subjective, and do not have the weight of fact."

"Objection," Fernandez said. "Employee perceptions have been held valid in contexts where the reasonable expectation-"

"Ms. Fernandez," Murphy said, "Mr. Heller hasn’t challenged the validity of your client’s perceptions. He has questioned their accuracy."

"But surely they are accurate. Because Ms. Johnson was his superior, and she could fire him if she wanted to."

"That’s not in dispute. But Mr. Heller is asking whether Mr. Sanders has a tendency to build up unjustified expectations. And that seems to me entirely relevant."

"But with all due respect, Your Honor-"

"Ms. Fernandez," Murphy said, "we’re here to clarify this dispute. I’m going to let Mr. Heller continue. Mr. Heller?"

"Thank you, Your Honor. So to summarize, Mr. Sanders: Although you felt your job was on the line, you never got that sense from Ms. Johnson?"

"No, I didn’t."

"Or from Mr. Blackburn?"

"No."

"Or, in fact, from anyone else?"

"No."

"All right. Let’s turn to something else. How did it happen that there was wine at the six o’clock meeting?"

"Ms. Johnson said that she would get a bottle of wine."

"You didn’t ask her to do that?"

"No. She volunteered to do it."

"And what was your reaction?"

"I don’t know." He shrugged. "Nothing in particular."

"Were you pleased?"

"I didn’t think about it one way or the other."

"Let me put it a different way, Mr. Sanders. When you heard that an attractive woman like Ms. Johnson was planning to have a drink with you after work, what went through your head?"

"I thought I better do it. She’s my boss."

"That’s all you thought?"

"Yes."

"Did you mention to anyone that you wanted to be alone with Ms. Johnson in a romantic setting?"

Sanders sat forward, surprised. "No."

"Are you sure about that?"

"Yes." Sanders shook his head. "I don’t know what you’re driving at."

"Isn’t Ms. Johnson your former lover?"

"Yes."

"And didn’t you want to resume your intimate relationship?"

"No, I did not. I was just hoping we would be able to find some way to be able to work together."

"Is that difficult? I would have thought it’d be quite easy to work together, since you knew each other so well in the past."

"Well, it’s not. It’s quite awkward."

"Is it? Why is that?"

"Well. It just is. I had never actually worked with her. I knew her in a totally different context, and I just felt awkward."

"How did your prior relationship with Ms. Johnson end, Mr. Sanders?"

"We just sort of . . . drifted apart."

"You had been living together at the time?"

"Yes. And we had our normal ups and downs. And finally, it just didn’t work out. So we split up."

"No hard feelings?" No.

"Who left whom?"

"It was sort of mutual, as I recall."

"Whose idea was it to move out?"

"I guess . . . I don’t really remember. I guess it was mine."

"So there was no awkwardness or tension about how the affair ended, ten years ago."

"No."

"And yet you felt there was awkwardness now?"

"Sure," Sanders said. "Because we had one kind of relationship in the past, and now we were going to have another kind of relationship."

"You mean, now Ms. Johnson was going to be your superior."

"Yes."

"Weren’t you angry about that? About her appointment?"

"A little. I guess."

"Only a little? Or perhaps more than a little?"

Fernandez sat forward and started to protest. Murphy shot her a warning look. Fernandez put her fists under her chin and said nothing.

"I was a lot of things," Sanders said. "I was angry and disappointed and confused and worried."

"So in your mind, although you were feeling many different and confusing feelings, you’re certain that you did not, under any circumstances, contemplate having sex with Ms. Johnson that night."

"No."

"It never crossed your mind?"

"No."

There was a pause. Heller shuffled his notes, then looked up. "You’re married, are you not, Mr. Sanders?"

"Yes, I am."

"Did you call your wife to tell her you had a late meeting?"

"Yes."

"Did you tell her with whom?"

"No."

"Why not?"

"My wife is sometimes jealous about my past relationships. I didn’t see any reason to cause her anxiety or make her upset."

"You mean, if you told her you were having a late meeting with Ms. Johnson, your wife might think that you would renew your sexual acquaintance."