professional witness. Others in the office, which up until a month ago included me, do the work, and when itâs showtime, Dr. Harry Davis steps out in front of the cameras and reveals the findings.â
âHereâs my first bit of legal advice, Marty. You donât have to outexpert him. All we need is for you to fight him to a draw. If the juryâs not going to be able to tell which expert is telling the truth, weâll be awfully close to reasonable doubt.â
âIâll do my best,â Popofsky said, now looking less confident than I would have preferred.
It was time to explain the facts of life.
âOne thing that you may not have experienced when you were at the MEâs office,â I said, âis that thereâs a difference between a testifying expert and a consultation expert. Right now, weâre going to retain you solely to provide consulting advice to help us as part of our legal representation. That means that what you tell us will be covered by the attorney-client privilege. Later on, we may choose to designate you as our testifying expert, at which time weâll also have to waive the privilege. Thatâs when the real work begins, and weâll be spending a lot of time with you, preparing for testimony.â
âI get it,â he said with a knowing smile. âJust because Iâm new to the private sector doesnât mean I donât know how the gameâs played. If you like my opinion, Iâll be your expert. And if you donât, youâll find someone else.â
Spoken like a man whoâs seen the light.
8
A t the time, I thought Darrius Macy was going to be the case of my career.
It wasnât without good reason. Darrius Macy was that yearâs Cinderella story of the NFL. Heâd begun the season as a walk-on at the Jetsâ training camp, and ended it as the Super Bowl MVP. A full-on superstar, and one with all the trappings, he was on the Wheaties box, hosted Saturday Night Live, and hawked half a dozen products on TV, in magazine ads, and on billboards.
And then, when it seemed like there was nowhere to go but up, the bottom fell out. A waitress named Vickie Tiernan, who worked at a fancy New York hotel, claimed that two months after his triumph, Darrius Macy, Americaâs Mr. Everything, and a married father of three, invited her up to his hotel room and raped her.
The confluence of events that fueled Darrius Macyâs meteoric rise and even greater fall began when the Jetsâ starting quarterback went down during the preseason, moving Macy up from third- to second-string. Ahead of him, however, was a former All-Pro named Michael Ross, who led the team to the playoffs with a 10-6 record. The Jets advanced through the playoffs, getting a huge break when the top-seeded Patriots fell to the wild-card Raiders, making the Jets the favorite in the AFC Championship Game. They won by ten, and headed to the Super Bowl against Chicago.
But from the Super Bowlâs opening kickoff, which the Jets fumbled, it was clear that it wasnât going to be their day. In the first half, the Jets were within striking distance only once, and that drive endedwith an end-zone interception that the Chicago cornerback ran all the way for a touchdown.
The score was 24â0 when, about five minutes into the third quarter, Ross was crushed under more than a thousand pounds of Bears, and left the game on a stretcher. Thatâs when Darrius Macy came in to take his first NFL snap.
In the next twenty minutes, Macy threw for three touchdowns, bringing the Jets within three. With four and a half minutes to go, the Jets had the ball on their own twenty, when Macy engineered a final drive that left them sixteen yards from victory, with twelve seconds to go. It was enough time for one more play from scrimmage. Touchdown, and the Jets would be world champions; fail, and theyâd call a time-out and go for the game-tying field goal.
That
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