Chapter 9 - The Deposition

Z
Two months later, in late January, the legal battle reached its absolute climax.
Despite Mom’s desperate plea at my office, my father and Nathan refused to go down quietly. Driven by pride and mounting legal bills from Nathan’s divorce, Dad hired a high-priced corporate defense attorney named Vance Sterling (no relation) to file a civil motion seeking to nullify the Settlement and Restitution Agreement.
Their argument was laughable: they claimed I had obtained the agreement under "extreme duress and unlawful coercion" by threatening them with criminal prosecution at the Brown Palace Hotel.
Marcus welcomed the motion. "They just gave us the legal authority to place them under oath for a formal deposition," Marcus told me over the phone. "They think they're playing hardball. All they're doing is signing their own testimony under penalty of perjury."
The deposition took place on a freezing Thursday morning in a high-rise conference room on the 22nd floor of the Wells Fargo Center in downtown Denver.
Present in the room were Marcus and myself on one side of the table; Dad, Nathan, and their attorney, Vance Sterling, on the other; alongside a certified court reporter sitting at the end with a stenotype machine and a high-definition video camera pointed directly at the witness chair.
Dad sat in the witness chair first.
He looked terrible—hollow-cheeked, silver-haired, his suit fitting like a sack. But his eyes still carried that stubborn, toxic pride of a man who believed he was above the law.
Marcus adjusted his glasses, opened his binder, and looked straight at my father.
"State your full name for the record," Marcus began.
"Richard Edward Vance," Dad replied, his voice raspy.
"Mr. Vance," Marcus said smoothly, "you filed a sworn affidavit claiming that on November 12th, my client, Sophie Vance, coerced you into signing a Restitution Agreement under threat of criminal prosecution. Is that correct?"
"Yes," Dad said firmly, leaning toward the microphone. "She ambushed us. She threatened to put my son in prison over a minor family accounting issue unless we signed that paper."
"A minor family accounting issue," Marcus repeated, pulling a document from his folder. "Mr. Vance, I am handing you Exhibit A. This is a copy of the Waiver of Inheritance Rights filed in the Maricopa County Probate Court on August 14th, 2020, regarding the estate of Evelyn Vance. Is that your signature at the bottom as executor?"
Dad looked at the paper, his jaw tightening. "Yes."
"And directly above your signature, there is a signature reading 'Sofia Vance', waiving all rights to three hundred and fifty thousand dollars of estate proceeds. Did my client, Sophie Vance, sign that document?"
Dad hesitated. His attorney, Vance Sterling, leaned over and whispered in his ear.
"I... I believed she authorized it," Dad stammered.
"That wasn't my question, Mr. Vance," Marcus said sharply. "Did Sophie Vance physically sign that document in your presence? Yes or no?"
"No," Dad admitted quietly.
"Who signed her name, Mr. Vance?"
Silence filled the room. The court reporter’s fingers hovered over the keys. The video camera red light blinked steadily.
"Mr. Vance," Marcus pressed, his voice rising with authority. "You are under oath. Who wrote the name 'Sofia Vance' on that legal probate document?"
Dad glanced frantically at his attorney, then at Nathan, who was staring down at his knees.
"I... I had an assistant at my office sign it," Dad confessed, his voice barely audible.
"You ordered an employee to forge your daughter's signature on a legal court filing?" Marcus asked, leaning forward.
"Object to the form," Vance Sterling interrupted quickly.
"The form is fine," Marcus countered. "Answer the question, Richard."
Dad slumped back into the leather chair, looking completely defeated. "Yes. I told her to sign it."
"And where did the three hundred and fifty thousand dollars go immediately after that document was filed?" Marcus asked, sliding Exhibit B across the table. "Did it go to my client?"
"No," Dad whispered.
"It went to Vance Logistics LLC, correct? A company owned by your son, Nathan Vance?"
"Yes."
"And did you inform my client that you had taken her inheritance and given it to her brother?"
"No."
Marcus turned a page in his binder, looking straight at the video camera. "And for the next four years, while you held her money, did you invite my client on family vacations to Hawaii, Aspen, or North Carolina?"
"Objection! Relevance!" Sterling shouted, standing up from his chair.
"It goes directly to intent, state of mind, and the fraudulent scheme to conceal the theft from the victim!" Marcus fired back instantly. "Answer the question, Richard. Did you invite her?"
Dad covered his face with both hands. "No," he choked out through his fingers. "We didn't invite her."
"Why?" Marcus asked softly. "Why didn't you invite her?"
Dad was crying now—slow, bitter, pathetic tears of a man whose lies had finally run out of room to hide. "Because... because we were afraid she would ask about Grandma’s money... we were afraid she would look into the accounts..."
The truth was finally out. Recorded on high-definition video, typed verbatim into the court stenographer's record, sworn under oath under penalty of perjury.
They hadn't excluded me because I was 'negative.' They hadn't left me behind because I 'ruined the atmosphere.'
They had isolated me, painted me as the black sheep, and pushed me out of the family because they were terrified that if I got too close, I would uncover their crime.
I sat in my chair, looking at my father weeping into his hands across the table.
I felt no rage. I felt no sorrow. I felt only a profound, crystalline clarity. The ten-year mystery of my life—the lingering ache of wondering why my own blood didn't love me—was finally solved. It wasn't because I was unlovable. It was because they were guilty.
Marcus looked at defense attorney Vance Sterling.
"Mr. Sterling," Marcus said calmly, closing his binder. "I suggest you take your client into the hallway and explain to him what happens when this deposition tape is handed to the Summit County District Attorney and the Arizona State Prosecutor on Monday morning."
Sterling looked at Dad, then at Nathan, then back at Marcus. He slowly closed his laptop.
"We are withdrawing the motion," Sterling said quietly. "The Restitution Agreement stands."
"Smart choice," Marcus said.
May you like
I stood up from my chair, adjusted my coat, and looked at my brother Nathan, who was trembling in his seat, unable to meet my eyes.
"The monthly payment is due on Tuesday, Nathan," I said softly as I walked past him toward the door. "Don't be late."