Читать книгу The Dryline - Jack Grubbs - Страница 23

Houston, Texas

All rise. The 357th Judicial District Court, South District of Texas, Houston Division, is now in session. The Honorable Lewis L. Pickering presiding.” The bailiff began another day of court.

Outside the courtroom, Tom and Don sat on a small wooden deacon’s bench. Don decided to go with Tom and watch him testify in a case in which a young woman had been killed and her boyfriend severely disfigured in a service station fire. Don absentmindedly spun his cane like a top, catching it as best he could in response to its unbalanced weight distribution. Tom meticulously sorted through a stack of 3x5 cards. Each card had a title heading and several bullet points that he would study until called to testify. He seldom lost a fact or a linkage between events related to a case.

Just before 10:00 a.m. the courtroom doors opened and people moved in three directions: the women’s room, the men’s room, and the coffee kiosk in the hallway. Ed Harvey, lawyer for the plaintiff, walked to Tom and Don.

“Tom, you’re up as soon as we return from recess.” Ed, a smallish man with Alan Ladd’s good looks, turned to Don, hand extended. “Hey, Don. Long time. How’ve you been?”

“Good, Ed. Guess it’s been since the Barry Colter ordeal.” He shook Ed’s hand.

“Yeah. Well, this one won’t have the same intrigue. Gruesome, though.”

Tom added, “I’m ready.”

Ten minutes later Tom was called to the stand; Don followed him into the courtroom and sat down in the back row. Approaching the bailiff, Tom nodded politely to the jury and Judge Pickering. He stopped at the witness stand and was sworn in. Tom sat down, looking quite comfortable. Ed walked directly to his witness. They began.

“Mr. Seiler, I’d like to ask you to introduce yourself to the court. Please begin by giving your complete name and tell them where you live.”

“Fine. Thomas Mannan Seiler. I live in Grimes County north of Houston, near Dacus, Texas. No streetlights, just an S-turn in the road.” As always, Tom surveyed the jury as he spoke. In addition to wanting to make eyeball-to-eyeball contact, he could sense the mood of the jury. Coming from all walks of life, juries had a natural bias to root for nice people. Tom came across nice. He never could understand why all lawyers and witnesses seemed lost on that fact. Assholes on the stand don’t do well.

“And please tell us of your educational background, your career pattern, and what occupation you are engaged in at this time.”

“Yes, sir. I grew up in San Antonio. Went to Northeast High School, now known as MacArthur. I went to the University of…”

His introduction seldom changed. He was born into a military family, enjoyed a close relationship with his parents and siblings, and suffered personal tragedy at the loss of a son in a boating accident and a brother in Vietnam. A bachelor’s degree in mechanical engineering—magna cum laude—from the University of Texas and a master’s degree from the University of Houston preceded thirty-two years as an on-the-board mechanical engineer at NASA. He finished by stating that he was a registered professional engineer in the state of Texas.

It didn’t take long for Tom to establish himself as a forensic engineering expert.

“What, then, is the function of a whip hose?” Ed asked.

Tom shifted in his chair, looking directly at Ed. He spoke with authority. “If I could, sir, I’d like to explain the full gas-dispensing hose system.”

Ed and Tom always orchestrated the ebb and flow of testimony prior to any court proceeding.

“Your honor, a full description would help the jury to understand the significance of Mr. Seiler’s findings.”

“Go ahead, Mr. Seiler.”

Tom began. “Well, if everyone in here were to go to a gas station today, I would ask each of you to look at the fuel hose. You would use the dispensing mechanism which has a nozzle that fits into the gas tank and a handle which, when depressed, initiates gas, under pressure, to flow into the tank. Next would be a relatively long section of rubber hose through which the fuel passes. But…,” Tom held up his hand as he continued, “slightly over three-quarters of the way up the hose there is a short mechanical device that virtually no one even knows exists.”

Don enjoyed Tom’s manner of teaching the jury.

Tom opened his right hand comfortably and used his thumb and middle finger to indicate a device four inches long. “It’s about this long and it’s known as a breakaway device.”

Ed Harvey intervened. “Your Honor, I have here the breakaway device that was attached to the hose on the day of the incident. I request that it be entered into evidence as plaintiff exhibit 24.” It was entered into evidence. Ed turned back to Tom. “Excuse me for a minute here, Mr. Seiler.” He then turned to the jury. “Ladies and gentlemen of the jury, I will be asking Mr. Seiler to explain the breakaway device, but I do ask you to remember that the component that failed in this incident, and that is the key subject of this trial, is this, the whip hose.” Ed held a small section of black hose at eye level for all to see, and added, “And not the breakaway device.” He lifted the breakaway device to the same level. “We’ll get to the whip hose shortly. That being said,” he said and turned back to Tom, “Mr. Seiler, please continue by describing the purpose and construction of the breakaway device.” He gave it to Tom.

Tom rotated the device in his hand. “It’s made of a brass and aluminum alloy, with two sections attached together by an internal locking mechanism.” Tom pointed to the interface between the two opposite, yet identical, sections. “In addition to being connected to each other, each section connects back to hose. The end of one section is crimped to the long hose going to the gas tank,” Tom paused deliberately, then continued, “and the other section is crimped to that small section of hose Mr. Harvey described as the whip hose.”

“Your Honor, I would like to introduce…” Ed Harvey entered the actual whip hose in question as exhibit 25. He did not give it to Tom, but asked him to continue with his discussion of the device.

Tom did as asked. “The actual purpose of the breakaway device is simple. On occasion, a customer becomes distracted and inadvertently drives away with the nozzle still stuck in the gas tank. This is known as a drive-away event.” Darting eyes and a quick nod identified one of the jurors as a former drive-away culprit. Tom picked him out and gave an almost imperceptible nod of forgiveness. Good, got one on my side, he thought.

“When a drive-away event occurs, the breakaway device is designed to separate as the pulling force reaches approximately two hundred and fifty pounds.” He pulled on the two ends of the device. “As you can see, I don’t have the strength to pull them apart. But your cars do.” He gave the device to Ed and sat back in his chair. “When it does separate, valves inside each section close instantaneously to keep gasoline from escaping. The driver…” Tom glanced back to his drive-away juror, “has a gasoline hose trailing from his or her car, but everything else is safe. Life remains copasetic.”

Ed asked. “And is that how the breakaway device functioned in this case?”

Tom replied, “No, sir. Some three to four months earlier, a drive-away event occurred in which the breakaway device malfunctioned. It just didn’t separate, probably because the driver realized he still had the hose in his gas tank and stopped just as the whole system was being stressed. Because it didn’t separate, major stresses had occurred at critical locations along the whip hose itself.”

“Have you been able to analyze these stresses?”

“Yes, sir.” Tom pointed to an easel upon which rested a computer generated model on a poster board.

Ed Harvey looked to Judge Pickering. “Your Honor, I would like to have Mr. Seiler explain his findings at the easel so the jury can understand it.”

“Granted. Mr. Seiler, please step down.”

Tom walked to the easel. He paused just enough to adjust his tie. Tom began carving out, in layman’s terms, purely professional investigation and analysis.

“What we have here, ladies and gentlemen, are the results of a computer program called AutoCAD.” Over the years Tom had learned not to get too technical on engineering software. He kept it simple. “In a nutshell, AutoCAD, which stands for Automated Computer Aided Design, takes a model of a physical object, applies appropriate forces in the form of mathematical formulations, and develops a model of where the object would experience areas of stress. What you see here,” Tom pointed to the second of three graphic representations, “are color-coded stress concentrations. The colors in orange and red indicate the highest stress concentrations. Those are the areas which need the best structural integrity.” Tom waited for about half a minute before continuing the briefing. He pointed to the bottom graphic. “What the computer program can also do is show how the object would deform under these stresses. Take a look at this.” Tom showed the elongated whip hose and explained the relationships among stresses, deformation, and sound engineering practice. He directed the jury’s attention back to the graphic display. “In this drawing you can see the stress concentrations quite easily. In particular, look at the colors where the whip hose is crimped into the metal annulus of the breakaway device.” The entire length of the circular joint between hose and metal was bright orange—a clear indication of high stress. “This would thus be an area where not only the design needs to be correct, but where the actual physical application of the crimping mechanism can have no imperfections.”

“Thank you, Mr. Seiler, you can return to the stand.”

Tom returned to his seat and sat down. Ed entered the computer graphics into evidence and walked midway between the witness stand and the jury box.

“Ladies and gentlemen, this is the whip hose I just entered into evidence. Had it not failed in the manner in which it did, we would not be here today. Now that he has given an engineering overview of the whip hose, I am going to ask Mr. Seiler to explain exactly what happened—and why it should not have happened.”

He walked back to Tom, giving him the whip hose.

“Before I ask you to explain the faults associated with the whip hose in question, please give us your understanding of the events leading up to the incident.”

The jury, fully alert, looked forward to Tom’s next chapter, gory as it might be.

“Certainly. Mr. Hanson comes to fill up his gas tank. He does absolutely nothing wrong. He puts his credit card in, gets authorized, and then pulls out the hose to begin filling the gas tank. Gasoline enters the hose as soon as he pulls the handle. As he approaches having a full tank, he does what most people do. He engages and disengages the handle numerous times. This constant start–stop of gasoline creates a series of pressure waves that are known as the water hammer effect. A good analogy might be a long train standing still that is hit by another train. Each car is rammed by the car behind it until the front car slams into the engine. In effect, a wave of banging cars moves from the back of the train to the front.”

Don leaned back in his chair, musing on his brother’s delivery. How can anyone so damn smart be so clear in explaining these things?

Tom stopped and turned toward Judge Pickering. “Your Honor, would it be permissible to move closer to the jury in order that they can see the whip hose and the manner in which things unfolded?”

Over the objection of the defense lawyer, Judge Pickering concurred. Tom moved to a place five feet in front of and centered on the jury rail. He continued.

“Unfortunately, the whip hose had already been damaged to the point that the water hammer effect caused the whip hose to separate from the end section of hose that goes back to the dispenser. As I mentioned, there had been a drive-away event three to four months earlier. The reason I know that is because of the damage to the hose.” Tom held the hose horizontally in front of the jury. He ran his finger over one end of the hose. “At this end you can see what is known as necking. It’s the area that is thinner than the rest of the hose.” Tom walked to the left side of the jury and walked slowly in front of each juror. At such a close distance, the jury members could easily see the damaged section of hose. “It happened when the pulling force-stretched the hose beyond its elastic limit. Inside the hose are two helix wires, used for reinforcement and to counter static electricity. They were stretched so much that when the force was released, some permanent deformation remained. Over time spalling occurred, which is nothing more than the flaking off of parts of the damaged whip hose.” Tom pulled the whip hose easily out of the connector. “This should not have happened. The hose should have been replaced long before the incident.”

Not wishing to be too theatrical, Tom returned to the stand. Without hesitation, he finished his remarks.

“Mr. Hanson’s girlfriend, Ms. Marion Culver, had a cigarette. When the whip hose separated from the breakaway device, gasoline spewed all over him and into the car. Tragically, there was a spark, either from the cigarette or from static electricity, which ignited the gas. Mr. Hanson inhaled gasoline and fell to the ground just as the inside was engulfed in flames. The flames traveled underneath and around the car. While people were able to drag him away and smother the flames, Ms. Culver was burned to death.” Tom and Ed expected an objection but none was stated.

The more Tom spoke, the more impressed Don became. He had attended Tom’s appearance on the stand for the legendary murder case out of Alvin and remembered Tom’s skill at relating to the jury. Every answer, to Don’s way of thinking, was dead on target.

Don suddenly remembered that Elam had called earlier. He knew it was important, so he quietly, at least as quiet as possible for him, got up and walked out of the back door of the courtroom.

By the time Don returned, Tom was finishing his testimony. Don surveyed the jury and could tell by their attention to Tom’s testimony that he had scored well. One company assembled the whip hose incorrectly, and another company did a lousy job of inspecting the equipment. Tom stepped down from the witness stand and disappeared through the double doors of the courtroom. Don joined him on the way out.

“The hell you say.” Tom was surprised at the turn of events. “Did he say why?”

“Nothing specific. I just talked to Elam about it. He said a secretary was calling all of the guy’s clients, stating that he had medical problems and would not be able to continue with his job.” Don reached to the floorboard of Tom’s car, grabbed his ugly US Navy Seabee baseball cap, and feverishly molded the bill into an exaggerated semi-circle. Frustration was running roughshod. “I’m beginning to get a little pissed off about all this garbage.”

Tom paid the parking toll, smiled at the attendant, and pulled onto San Jacinto Street for the ride home.

Don placed the hat on his head, leaned back, and proclaimed, “I’ll be dammed if I’m going to let this slow me down. We’ve gone too far to kiss it off over some incompetent lawyer.”

“Well, hell, let’s find ourselves another one. I know lots of lawyers who can help us out.”

Don spit out a sliver of fingernail he had just bitten off. “Elam said not to worry because he already has a line on a new lawyer.”

“Any idea who the lawyer is?”

“Naw, I don’t. But given Elam’s last pick, I’m leery as hell about the new one.”

“Why don’t you just tell him to let me get the next lawyer?”

Don looked back at Tom. “I’ll give the guy a few weeks. If he farts around like the last one, I’ll can him myself and turn it over to you. I’m headed out to the site tomorrow afternoon and will tell Elam that I’m not putting up with another loser.” Don spoke with resignation, changing the subject. “My intent was not to get you all wrapped up into this thing. I’ve already let you spend too damn much time helping me out. Don’t even think about this little roadblock.”

“OK, it’s your call. Just let me know if and when you want me to make a couple of phone calls.”

“I will. I’ve got to get back to California for a few days to pacify the twenty clients who are screaming their heads off.” Don started to turn his attention to the road but remembered something. “By the way, you really snowed that jury with your wit and wisdom.” He smiled at Tom.

Tom returned the smile. “Just remember that the graphical displays were the product of Paige’s computer analysis of the whip hose. She’s as smart an engineer as she is a pretty woman. Yessiree, I sure raised a smart one.”

Indeed, his daughter was as smart as they come.

The fact was that Elam knew zilch about good patent lawyers.

Earlier that morning Elam was walking out of his house when his cell phone rang. He didn’t recognize the person or the number and thought about ignoring it; he gave in to natural curiosity.

“Duquette,” Elam answered brusquely.

“Mister Duquette, hope I didn’t get you up.” Fred Barrister, sitting in a booth at Skeeter’s Eatery, looked absentmindedly out of the diner window. “I’m Fred Barrister. I practice patent law and am a close professional friend of your attorney, Herman Soboda. He mentioned some medical problems have caused him to retire and asked if I would consider working with a few of his more important clients. He said you were his most important.”

Elam was not in the mood for second-grade discourse. “Yeah, most important. Whaddya want?”

Elam’s acrid response surprised Barrister. He regrouped quickly. “Er, well, based on what he has told me, you have a very interesting product that needs to be patented.” He waited for a response. It was a long time in coming.

“Tell you what. You meet me at City Market in Luling tomorrow for lunch at twelve thirty. We’ll talk some, and if I think you’re any good and won’t raise the rates, we’ll sign a deal on the spot. If I don’t think you’re so hot, you’ll be the second to know.”

Fred took his free hand from his head, switched hands with the phone, and grabbed a pencil. He smiled into the phone. Sort of like landing a fish. He doodled a note about time and location. “Great. I’ll see you at noon.”

“Twelve thirty.”

“Right. See you at twelve thirty.”