and December, three years ago.”
“And what was his reason?”
“David Demerchant’s family carries a genetic predisposition to become sterile by the age of thirty. Both his grandfather, Louie Demerchant, and his father, Colin Demer- chant, had suffered this fate. David wanted his sperm saved in the event that he became infertile before he could have a family.”
“How old was David at the time he visited your sperm bank?”
“Twenty-eight.”
“Were you aware that David was the only child of his father and the only grandchild of Louie Demerchant, the prominent industrialist?”
“Yes.”
“You knew that David was the last of the Demerchant line?”
“Yes.”
“You knew how important it was to safeguard his sperm?”
“Yes.”
“How did you know these things?”
“When Louie Demerchant called to make the appointment for his grandson, he explained the circumstances.”
“He mentioned them in passing?”
“No. He talked about them at length and in detail to be sure I understood the seriousness of the matter.”
“Did you understand the seriousness of the matter?”
“Of course. I said as much many times to Mr. Demerchant. Still, Louie Demerchant was adamant about making all the arrangements and paying the annual storage fee himself to be sure everything was seen to properly. That’s where all the confusion began, you see. If—”
“Mr. Binick, please just answer my questions without any added comments. The jury needs to hear what happened in an orderly manner. Do you understand?”
“Yes.”
“Mr. Binick, do you know what happened to David Demerchant after he entrusted his sperm to your company?”
“David Demerchant was killed in a plane crash over the Pacific Ocean in June, two years and three months ago.”
Marc let a small space of time pass—like a solemn moment of mourning—before asking his next question.
“He died six months after he deposited his sperm with Bio-Sperm for safekeeping, isn’t that right?”
“Yes.”
“Did Louie Demerchant approach you regarding his grandson’s sperm shortly after his grandson’s death?”
“Yes. Within two weeks he had found a woman who had agreed to be inseminated with his grandson’s sperm and give birth to David’s child.”
“And when Mr. Demerchant brought in this woman for artificial insemination, what happened?”
Binick’s tongue slithered over his lips. “We couldn’t locate David Demerchant’s sperm tube.”
“You lost this sperm you were supposed to be safeguarding?”
“I’ve been in business for more than ten years without a mistake. I’ve set up a very specific procedure. I have a double-numbering system. Color-coded tubes. Cross-system checks.”
“But you still lost David Demerchant’s sperm, yes or no?”
Binick sank farther into the chair. “Yes.”
“Mr. Binick, what did you tell your lab technician to do when you discovered you had lost David’s sperm?”
“I wasn’t serious.”
“Mr. Binick, please answer the question. What did you tell your lab technician to do?”
“I said something about substituting anonymous donor sperm in place of David’s lost sperm. But it was only a joke! I didn’t know she’d take me seriously.”
“Only a joke? Mr. Binick, didn’t you in fact order your lab technician to quickly find an anonymous donor sperm that could pass as David Demerchant’s?”
Binick’s tongue flicked between his thin lips. “She misunderstood me, I tell you. The woman has no sense of humor.”
“Mr. Binick, the surrogate mother was waiting in the receiving room. Louie Demerchant was outside in the waiting room. You had just found out you lost his grandson’s sperm, sperm that could never be replaced. And you felt this was an appropriate time for jokes?”
Binick slithered farther into his chair. “I made an error in judgment. I’m sorry. I meant no harm. I tell you, it was only a joke.”
He was so clearly lying. Marc could see it and he knew the jury could see it, too. He stared at his witness to allow the jury’s full loathing to come to a boil before going on.
“After you made this joke to the lab technician to substitute other sperm for David Demerchant’s, what did the lab technician do?”
“She went into the waiting room and told Louie Demerchant we had lost his grandson’s sperm and that I had told her to substitute someone else’s sperm.”
“So you didn’t get away with your scheme to pass off someone else’s child as Louie Demerchant’s grandchild, did you?”
“There was no scheme! I tell you, it was all an unfortunate misunderstanding!”
“Mr. Binick, did you ever find out what happened to David Demerchant’s missing sperm?”
“Yes, it had been destroyed.”
“You destroyed David’s sperm?”
“Not me, one of my employees!” Binick’s raspy voice protested, a thin line of sweat breaking out on his brow.
Typical Binick. Trying to put the blame on anyone and everyone but himself.
“Mr. Binick, would you please explain to this court how your company destroyed the sperm David Demerchant had entrusted to you for safekeeping?”
Binick’s visibly sweaty hands rubbed the chair’s upholstered arms. “Our computer form has just one space for a client’s name.”
“And what is the significance of your computer form having just one space for a client’s name?”
“Louie Demerchant’s name went on the computer records for sperm preservation instead of David’s, because it was Louie who called to set up the appointments and insisted on paying for the sperm’s storage. He never should have done that!”
“Mr. Binick, are you trying to tell this court that it was Louie Demerchant’s fault that you destroyed his grandson’s sperm because he emphasized the importance of preserving it and paid you to do so?”
Binick
