Bennaza tells lawyer to economize, so no discovery
1. Go to trial, Cue is named individual dft; Cue
called to stand. Says he was off duty at the time alleged; has duty roster to
support his position.
Bennaza leans over and whispers to lawyer, "That's not
Lawyer says, "Look around the courtroom. Do you see him?"
Bennaza says, "yes," points to another police officer
in the spectator section.
Lawyer sends law clerk over to ask the second officer his name.
"Jeremy Holland," says the officer.
Lawyer calls Holland as a witness; story comes out.
Lawyer moves to amend cplt to conform to the evidence.
2. The statute of limitations has run
3. Right after the complaint was filed and served on Cue, Cue and Holland were having a beer together and joked about Bennaza and how he sued the wrong cop.