Image by Getty Images via DaylifeDuring the eight days my age-discrimination suit was tried in Superior Court, I sat alone at the table reserved for the plaintiff, and no one showed up to sit on the benches in a sign of support. I noticed the eight jurors watching me on occasion as I sat by myself, taking notes, looking for documents or just listening. Now, I wonder whether they drew any conclusions from my isolation.
The defendants were represented by Samuel J. Samaro, head of the employment practice at Pashman Stein in Hackensack; Dina L. Sforza, the in-house attorney for North Jersey Media Group; and Jennifer A. Borg, NJMG vice president and general counsel.
I objected to Borg's presence, because she was scheduled to testify and would gain an advantage from hearing other witnesses, but the judge said that as a defendant, she had a right to be there. Normally, witnesses are sequestered.
Samaro was hired during the discovery phase and took two of the three depositions I gave in my lawyer's office in Morristown. He acted tough at times, taking off his glasses, staring right into my eyes and telling me I had to answer all of his questions. He joined the defense after NJMG apparently lost confidence in Sforza to see the case through to the end. Sforza didn't attend the entire trial.
Borg took copious notes, spoke to Samaro frequently, suggested questions and possibly motions, and made numerous calls to her office. At other times, she spoke to her fellow lawyers unselfconsciously about children, her nephews (Stephen Borg's four sons), her orange Land Rover sport-utility vehicle, which she referred to as an "Orange Beast" that attracts police like a magnet; her driving record, a speeding ticket she received and other subjects.
None of my former colleagues appeared in the courtroom (besides Patricia Mack and Aaron Elson, both of whom testified). Nor did Joshua L. Weiner, the attorney who helped me prepare for trial and who had represented me along with his father, Paul, since last summer. My 12-year-old son, Roshane, was off from school, but he threatened to shout out at the defendants' witnesses, "Lies! It's all lies!" He stayed home. A couple of times, I saw and spoke with Kibret Markos, the paper's courthouse reporter, but he didn't write a word.
When Stephen A. Borg testified in front of the jury, he wore a dark suit and tie -- in contrast to the wrinkled white shirt, open at the collar, and slacks he wore to his deposition on Dec. 7, 2009, at 1 Garret Mountain in Woodland Park. His hair was a mess. He spoke about his grandfather on his mother's side, Charles Agemian, who was born in Aleppo, Syria, and how he was writing a story about him for (201) magazine.
Of course, Stephen Borg wasn't aware that my both of my Jewish parents were born in Aleppo, or that the day of his deposition also was the anniversary of my mother's death in 1993.
At the trial, he testified that Dec. 7, 2009, was the first time he had met me, despite all the e-mails I had sent him for many months before I left The Record in May 2008, or as he put it, This is the first time I can pick him "out of a lineup." Asked to explain to the jury what he meant by lineup, he said it was merely a figure of speech.
I would have loved to attend the trial but I was a witness. Personally, I thought you gave as good as you got. But the deck was stacked against you. The Record has what to me is a clear-cut pattern of age discrimination, but is very careful to keep a few of the allelged dinosaurs in their jobs while they let the others go, which seemed to be part of their predictable defense, and sure enough it worked. Keep up the good work of pointing out the paper's shortcomings. Not many people may read this blog, but Record management sure does, and when somebody or professional news organization buys the paper, I'm sure they'll take a look at this blog too and thus won't get snookered into keeping the current management team.
ReplyDeleteYes, Aaron, that would be lovely -- the Borgs unloading this print dinosaur and the new owners finally getting rid of all of the editors, from the Franks on down to the clueless assignment desk. You did a great job on the witness stand, and I am eternally grateful.
ReplyDeleteVictor,
ReplyDeleteFrom where did you expect support? ("from" at the end of the sentence is much more comfy, but I defer to your copy-editing expertise.)
I honestly believe if you'd hired a real lawyer to handle the case, the outcome may have been different.
Moreover, instead of wrongly lumping me in with your adversary, you might have considered seeking my assistance -- the way they did.
Finally: Every time you point out a failing, you provide more guidance and instruction -- for free.
Schoolgirl Scandale, the Mouth Breather, Mama Crass and her clueless crew (Claude & Troncone excluded) should remain clueless.
(Cue up Harry Chapin's "Dance Band on the Titanic")
I've said it before and I'll say it again: Join the Pilot and help continue the rapid development of the meaningful alternative.
Ask friends at The Record how often management looks at the site, cribs from the site, pursues stories that I break. Ask officials in various towns whom they'd rather deal with -- CVP or the Record.
Imagine a world in which the abused, ejected talent bands together to build a better mousetrap.
Look no further than Target. As the ignorant saying goes, "read up" on how that company began. By its nature, an LLC creates opportunities.... Why waste your intelligence, talent and institutional knowledge tilting at the windmill?
Might as well make a good buck off it.
Same offer applies to the rest of y'all. The time to sink or swim is comin' sooner than you think.
For now, your pilot is going to watch movies about gladiators.
I had two "real" lawyers from April 2009 through the pretrial, but didn't want to risk the estimated $25,000 to $40,000 it would take to have two at trial. I don't think you could have helped me at all.
ReplyDeleteTo clarify, one of my lawyers succeeded the other, and the new one wanted to have a second attorney assisting him at trial.
ReplyDelete