Part 19 (2/2)

Before long, the other neighbors and plaintiffs started showing up. By eight, Mayor Beachy had also arrived to stand vigil with the group around the perimeter of the property.

Bullock showed up at Judge Martin's chambers expecting to finally meet Tom Londregan. But someone else from his office showed up instead, along with the NLDC's outside attorney, Ed O'Connell, a short, portly fellow who made no effort to veil his disdain for Bullock and Sawyer. Judge Martin welcomed the group into a conference room and asked Bullock to orient him by telling him where each of the plaintiffs' properties was located.

Bullock began with Susette's house, identifying it as being on the corner of East and Trumbull.

”Oh, that pink one?” Martin asked.

Bullock nodded.

”That's Kelo's place?” the judge asked.

Everyone nodded.

”And you've got Cristofaro,” Bullock said.

”I know where that place is,” Judge Martin said.

”And there's one right behind the Italian Dramatic Club,” Bullock said. ”That's Byron Athenian's place.”

Martin had known Athenian since his adolescent days, and he had once taken a vehicle to Athenian's house to get it repaired. He made it clear he wanted to try to resolve the disputes over demolition, rents, and occupancy without having to litigate each point. Mediation, he explained, was also an option that might avert a trial and enable the homeowners to receive compensation for giving up their homes. He suggested Judge Angelo Santaniello could conduct the mediation.

Bullock politely declined. Santaniello had practiced law with Tom Londregan's brother. And he had been a primary force, along with Jay Levin, in negotiating for the Italian Dramatic Club to stay put while the houses around it were torn down. Bullock didn't trust Santaniello. Besides, his clients wanted no part of mediation for a monetary settlement.

Hardly surprised at Bullock's answer, Judge Martin got to the major points of contention: whether the city was ent.i.tled to charge the plaintiffs rent during the litigation and whether the homes would be protected from demolition during any appeals that might be filed after the trial. Bullock had already applied for a preliminary injunction to protect the homes until the end of the trial, and the city and the NLDC agreed that no demolition would take place until the trial judge ruled on the injunction.

Martin looked to O'Connell. The NLDC, O'Connell indicated, was not willing to concede on the rent issue or the demolitions. Bullock said his clients wouldn't concede either.

Convinced both sides were dug in, Martin focused on the one item he could control: insuring a timely, orderly trial schedule. The last thing he wanted was to see both sides in court every other week battling over injunctions, stays of demolition, and a host of other legal challenges that would delay the start of the trial and sap the court's resources and time. He suggested both sides reconvene in his chambers in a couple weeks to work out resolutions to all the pretrial disputes. Until then, the NLDC's lawyers agreed that Beyer's property would be left alone, a promise they had refused to make before Bullock filed his motion.

When Bullock arrived back in Fort Trumbull, Susette and the coalition felt like the cavalry had arrived. He informed them that for now, Beyer's house would remain standing. Although minor and perhaps temporary, the good news felt like a huge victory.

”Thank G.o.d,” Susette said.

Fulfilled, Kramer didn't bother taking a hot shower or getting into a fresh change of clothes. Instead, he remained in his winter gear for the flight back to Was.h.i.+ngton. Later that night, he had dinner with his wife and two young children. One of them asked where he had been the previous night. Kramer's answer didn't make sense to his son, who wanted to know why he would bother sleeping in a vacant house.

Kramer referred to his favorite movie, It's a Wonderful Life It's a Wonderful Life, in which occurs a similar conversation between a father and his inquiring son, George, who didn't understand why his father invested so much time and energy in a profitless bank offering small loans to first-time home buyers. ”You know, George,” Peter Bailey says, ”I feel that in a small way we are doing something important, satisfying a fundamental urge. It's deep in the race for a man to want his own roof and walls and fireplace, and we're helping him get those things in our shabby little office.”

”I'm trying to secure that for these good people in New London,” Kramer explained. ”It's the right to have a home and to be safe and secure within those four walls.”

February 21, 2001 Tom Londregan didn't want to give an inch when it came to Scott Bullock's requests. But what Londregan wanted most was a speedy trial. The longer the case dragged out, the longer it would be before the city could start developing the waterfront area. He showed up at Judge Martin's chambers prepared to strike a deal.

With Martin running the meeting, Bullock and Londregan pounded out an agreement. Bullock promised not to amend his complaint and Londregan agreed not to raise any special defenses, both tactics that would have drawn out the trial.

Londregan reluctantly offered to forego the rents, which would have gone to the NLDC not to the city, anyway, in exchange for a commitment from Bullock that the trial could be held within six months. It took another round of negotiations before the NLDC would also agree to Bullock's demand on the rent, but ultimately it did.

Bullock agreed to a shortened discovery period and to complete all depositions by April 27, with a trial date set for May 21.

In return, the city and the NLDC promised to forego any demolitions and abstain from physically ejecting or evicting homeowners or tenants from the properties until the outcome of the trial. The agreement also enabled Von Winkle to continue collecting rent from his tenants.

The compromise was a victory for the homeowners on the main points, while it protected the city's interest in speeding things along. But to the NLDC, it was a major setback. Dave Goebel had been pus.h.i.+ng hard to force Susette and her neighbors out. To the NLDC, Susette and her neighbors were breaking the law by refusing to vacate. Now the holdouts had court approval to stay put until the trial ended.

For Goebel, the bad news came at a bad time. The night before Bullock and Londregan reached a pretrial agreement, Goebel had taken a tongue-las.h.i.+ng from the city council. Filling in for Claire, he had appeared before the council to offer a progress report but had ended up on the defensive. The council felt the NLDC had gotten too far out in front of the local political leaders. The harshest criticism had come from some of Claire's staunchest supporters.

Fed up, Goebel e-mailed Claire: Claire: At Council last night there was a loud cry that we were out in front of the City in publis.h.i.+ng a strategic plan. Basically, they seem to feel that we should do nothing without their prior blessing, forgetting that with the exception of the work they have charged us to do on the MDP, all else we do as an independent agency.I took a las.h.i.+ng at the Council. I defended the plan from the standpoint that the economic development we are involved in is intended to provide the funds necessary to raise the standards in the community. It all fell on deaf ears.

Claire responded quickly to Goebel's e-mail, but she had her mind on other priorities. Ignoring Goebel's concerns about being hammered by the city council, she asked him to let her know when the meeting between the developer, Corcoran Jennison, and the state would be held. ”We need to take advantage of the announcement to move forward,” she said. ”More later, Claire.”

Later in the day, she sent Goebel another e-mail. In just two days, she reported, the NLDC would make an important announcement. ”This should be a simple, laid back but celebratory announcement,” Claire told him. ”Even as simple as: 'NLDC is very pleased to announce that the negotiations underway between Pfizer and CJ [Corcoran Jennison] have reached a decision point. Pfizer will be a partner in the hotel and conference center. This facility will be used by Pfizer, its staff and visitors. It will also be available for use by area residents and guests to the New London area.'”

At the end of the e-mail, she addressed Goebel's earlier complaint: ”Sorry about the Council meeting. Don't we always pa.s.s things at the Board level first, and then take things to the Council? Let's talk. Sorry they abused you. Thanks. Claire.”

Ten minutes after e-mailing Goebel, Claire e-mailed Peg Curtin, one of her best allies on the city council: I want to check in after the Council's reaction to the strategic plan. I'm a little lost and I know your clear mind will get some clarity for me. What happened Tues night???The staff and maybe Dave could be getting discouraged with the abuse. We are all working hard and need to help and not hurt each other-policy differences are fine to keep confronting, but just whacking-well, Councilors and the NLDC staff both have plenty of other folks who are doing that job. We don't need to whack each other-I must have missed something. Any ideas?

Before signing off, Claire made sure Curtin knew George Milne was satisfied in general. ”I spoke to George many times this week and he is pleased,” Claire wrote. ”They are taking an even bigger stake in the conference center than they first intended. The next step is the real estate agreement with the State. Hope you are having fun. Love, Claire.”

Curtin didn't soften after reading Claire's e-mail. ”I don't know what to tell you,” she responded. ”I am just frustrated at being told that everything is fine and we will have a signed agreement soon. This has gone on for many months saying that. Dave tells us the state is holding things up. I don't get that from the state. I need more info than I'm getting. I don't apologize for what transpired the other night. We are all tired.” She didn't bother to sign the e-mail.

After reading Curtin's response, Claire realized Goebel was right; they were losing the support of the city council. This required a quick fix. Flattery had always proven an effective device for soothing the council. Claire e-mailed Goebel.

”Your understanding of the sticking point is correct,” Claire told him. ”The councilors need some patting. Maybe Chris or whomever you designate should set up some meetings with them in twos for you and me on Sat or Monday so we can walk them through what is going on. We are really going to be in trouble with the state if they go back to [the state officials] complaining.”

February 25, 2001 Jane Dee's highly antic.i.p.ated story on Claire landed right where everyone could see it: on the cover of the Hartford Courant Hartford Courant's Sunday magazine. Claire spotted herself at the top of the cover, underneath a caption that read: ”Claire Gaudiani had big plans for Connecticut College and New London.” A picture of Pfizer appeared below Claire with the words: ”Pfizer would come.” A picture of Susette's house appeared below Pfizer with the words: ”A neglected neighborhood would go.” Then Susette's picture appeared at the bottom of the cover, her hand on her temple as if nursing a migraine. The words below Susette said: ”It would be wonderful.”

That's all Claire had to see to realize the article wasn't going to be flattering. She had clearly read Dee wrong when she had agreed to open up to her. Claire's husband had warned her not to let a journalist get so close. When Claire flipped to the inside pages, it was painfully clear she should have heeded his warning. Dee's story began with big, black letters: ”OH, CLAIRE. You're a scholar and visionary ... if only you could quit leaving skin on the sidewalk.”

The two accompanying photos of Claire showcased her beauty. But the words of the story-including some insulting references to her as a ”wh.o.r.e” and a ”witch”-left her black and blue.

The most damaging revelation in Claire's story came from her husband, David. His admission that Pfizer didn't want to be surrounded by tenements supported the claim made by the Inst.i.tute for Justice that the city had resorted to eminent domain in order to appease Pfizer's desire to clear the neighborhood. Now a senior Pfizer employee had said as much. With Bullock scheduled to start deposing Pfizer and NLDC officials within weeks, the timing could not have been worse.

None of this surprised Claire's husband. Expecting anything more from a newspaper journalist, he intimated, was pure folly. To him Claire had been had the moment she agreed to let the reporter into their home.

More than any other story, this one really hurt. Claire had spent days and many hours with Dee. She had opened up about marriage, pregnancy, child rearing, and coping with the pressures of motherhood and running a college and the NLDC in a politically charged atmosphere dominated by men. Claire had thought Dee seemed to get it. Claire struggled to understand where it had all gone wrong.

Jealousy, she determined. That had to be it. Dee must have resented the fact that Claire had it all: professional success, good looks, overachieving children, a marriage of thirty-two years, and an accomplished lifestyle. Yes, that was it ... jealousy had prompted Dee to turn on her. Jealousy.

32.

DISCOVERY.

Almost immediately after filing their lawsuit, Bullock and Berliner issued a subpoena to Pfizer seeking all doc.u.ments pertaining to the Fort Trumbull development. Pfizer didn't readily comply. While working out the pretrial agreement, Judge Martin had invited the attorneys to call him if any further issues arose. He made it clear that legal motions and hearings were not necessary; he'd rather find ways to resolve any disputes quickly and amicably through conferences. Bullock got in touch with him about Pfizer's delay in producing the doc.u.ments.

In a meeting with Martin, Pfizer's lawyer explained why the company didn't believe it should have to turn over any of its corporate correspondence: the company was not involved in eminent domain; the company was not pursuing eminent-domain actions; none of the land taken via eminent domain was for Pfizer; and the company wasn't involved in the dispute between the homeowners and the NLDC.

Bullock countered that it was obvious that Pfizer wasn't exercising eminent domain-that power was reserved to the government. But it was equally obvious that Pfizer played a major role in the city's redevelopment scheme. Therefore, those Pfizer doc.u.ments were critical to Bullock. He knew that in any legal case, it was essential to establish a paper trail as it often would yield the most important evidence at trial.

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