by R. J. Blacks
“What is significant about an isomer?”
“Most of the time nothing. But sometimes they can react differently with living proteins.”
“Can you give me an example of an instance where the isomer reacts differently?”
“The best example I know of is L-methamphetamine, a relatively harmless over-the-counter nasal decongestant with few side effects. But the isomer, D-methamphetamine, found in street drugs, is psychoactive because it fits in certain receptor pockets in the brain causing a state of altered consciousness.”
“Could you restate that in laymen’s terms?”
“Okay, let’s say your right hand is a molecule and the left hand is the isomer. They’re both identical except for the position of the thumb. Inside your brain is a pocket that perfectly matches your left hand. If your right hand tried to fit in that pocket, it wouldn’t go, because the thumb would get in the way, thus no reaction. But if the left hand, the one that causes an altered mind state, tried to attach, it would fit perfectly.”
“So the L-form is good and the D-form is bad?”
“In this example, that would be true.”
“Okay now, Indigo agrees the R-form isomer of Farm-eXia is relatively harmless as you say. But her research has shown the S-form is the one that causes aggressive behavior in alligators. What do you think about that?”
“You won’t catch me on that one. We already know about the isomer thing. We told you that before.”
“So you knew and did nothing?”
“Not exactly. We were fully aware at the time of the original trials the S-form isomer of Farm-eXia was destabilizing to aquatic wildlife. To combat this, we modified our production methods to prevent it from ever being generated. And not only that, we test for it on every batch.”
“Indigo here, has tested the lake water and found it contained 40% S-form. The question is: where did that come from? We, the plaintiff, propose it was a defective batch and therefore GWI was negligent of releasing untested product to the marketplace.”
“Not a chance,” Benson says, and points to a large box on the defense table. “Those are the test records for the last ten years of every batch produced, all recorded by an independent laboratory, and not a one shows the slightest evidence of S-form isomer. Nice try, but I’m afraid you’ll have to do better than that.”
Berkeley walks the floor with his head down, deep in thought. He then approaches Benson.
“Are you aware of photochemical reactions?”
“Yes, that’s a condition where UV light will break covalent bonds.”
“Is it true the only difference between the R-form and S-form isomer of Farm-eXia is the location of the oxygen atom?”
“Yes, that’s true.”
“So if the bonds on the oxygen atom were broken, and then, it reattached in another location, wouldn’t that change the isomer from one form to the other?”
“Theoretically, yes. But that would require a lot of energy.”
“Like the ultraviolet energy from the sun?”
“Afraid not. To break a covalent bond requires a wavelength of at least 290 nano-meters. The ozone layer absorbs practically all the 290 nm UV radiation. Any UV that gets through the atmosphere would be too weak to break a covalent bond. It would be impossible.”
Berkeley winces and I realize he’s in trouble. He walks over to me for support. I do my best to reassure him.
“I know what I saw. The Farm-eXia in the sunlight changed. Doug even saw it.”
Unconvinced, he turns to face the judge.
“May I request a twenty minute recess for conference with my technical advisor?”
“Let’s break for lunch. Court will reconvene at 2:00 PM,” the judge says, and bangs his gavel on the bench.
As we exit the courtroom, Berkeley takes me aside.
“I’m dying out there. This guy’s unflappable. I need something better.”
He invites me to lunch, but I decline telling him I need time to think about the problem. We go our separate ways and I make my way back to my hotel room.
I flip open my laptop and go over the graphs. I double check the data, but everything seems correct. Then I do some calculations and discover he’s right. It would take more energy than 290 nm to break the bonds and move the oxygen to the other side. Why didn’t I see this?
But I have concrete proof it happened. The Farm-eXia dissolved in tap water changed from 99.98% pure R-form isomer, the safe one, to the psychoactive S-form, just by being exposed to the sun’s radiation. How could this happen?
An hour goes by as I search through screen after screen of data looking for answers, but nothing stands out. I lie on the bed face down with arms outstretched, like a fallen cross, and wonder why I ever got involved. This whole thing is insane. I feel like getting on a bus to somewhere... and never coming back!
But I can’t leave my friends hanging. If we don’t make a convincing argument, present solid facts to reinforce our suppositions, the judge will declare the case frivolous, and slap Berkeley and the Stewarts with Rule 11 sanctions, and I’d never be able to live it down.
I search my computer one last time looking for something, anything, that would get us out of this, and then I see it, right there, under my nose, a tiny blip on the screen. It was always there, so ubiquitous it was insignificant, but now makes all the difference in the world. How could I miss it?
CHAPTER 35
I call Berkeley and tell him the news. We still have an hour left so we meet in the hotel restaurant, grab a snack, and go over the science.
“Now that you explain it, it seems so obvious,” he says.
“Not obvious enough for GWI to see it,” I respond.
We get back to the courthouse just as the jury files in, and then, the judge brings the court back in session.
“Counsel for the plaintiff, please continue,” the judge says.
Berkeley walks out to the floor.
“Dr. Benson, could you explain in simple language what a catalyst is?”
“Anyone with basic high-school chemistry should know what a catalyst is.”
“Just for the record, would you describe it?”
“It’s a substance that facilitates a chemical reaction.”
“What kind of substance?”
“It depends on the reaction, but it could be a solid or a liquid or something else.”
“Can you give me an example?”
“The catalytic converter in your car.”
“Please explain how that works?”
“Your engine produces carbon monoxide and unburned hydrocarbons, both of which are highly toxic. By passing them through a platinum screen and adding a little air, they’re converted to carbon dioxide, which every human exhales, and water.”
“Why do you need the platinum screen?”
“That’s the catalyst.”
“How hot are the gasses that come out of the engine?”
“Over one-thousand degrees.”
“What would happen if we just added some air to the hot exhaust gasses without the platinum screen?”
“Nothing.”
“You mean one-thousand degrees is not hot enough to turn carbon monoxide into carbon dioxide?”
“No, it’s not.”
“Why is that?”
“There’s this thing called ‘Activation Energy.’ A chemical reaction will not occur unless you exceed the activation energy. One-thousand degrees does not have enough energy to turn carbon monoxide into carbon dioxide.”
“So how does the platinum screen figure into all this?”
“The platinum is the catalyst which lowers the activation energy. Every first year chemistry student knows that.”
“So, to summarize, the catalyst allows the reaction to occur at a lower energy?”
“Yes.”
“Earlier today you testified that the UV energy from the sun was too low to cause the R-form isomer of Farm-eXia to turn into the S-form. Is that correct?”
“
Yes.”
“Suppose we added a catalyst, wouldn’t that lower the activation energy and make the reaction possible?”
“Technically, yes, if you found the right catalyst. But this is all hypothetical.”
“Objection, Your Honor. Speculation,” Fullbright says.
“Overruled, please continue,” the judge says.
“Dr. Benson, are you familiar with the Haber process?”
“Yes, it’s used in the production of ammonia.”
“What is the catalyst in the Haber process?”
“Iron.”
“So iron is a well-known and useful catalyst?”
“Of course.”
“The last time you testified, you told us you had three PhD’s, have published over a hundred papers, and teach at a well-known ivy-league university. With qualifications like that, this next piece of evidence should be as easy to read for you as a newspaper.”
Berkeley hands the bailiff a sheet of paper.
“Your Honor, with your permission, I would like to enter this document as evidence.”
“Objection,” Fullbright says. “We have not been given the opportunity to examine it.”
Berkeley interjects: “If it pleases the court, the defense will have all the time they need to examine it.”
“Objection overruled,” the judge says.
“Dr. Benson, would you take a few minutes and examine the evidence I just gave the bailiff.”
The bailiff hands the paper to Dr. Benson.
“Please describe what you see on the paper.”
“This is an activation diagram.”
“And what does it show?”
“It shows the R-form isomer, in the presence of a catalyst, and under the influence of UV light, reforming into the S-form.”
“What is the catalyst?”
“Iron.”
“And the wavelength of the UV.”
“330 nano-meters.”
“Isn’t 330 nm radiation, also known as UV-A, the type that passes directly through the atmosphere and is a primary cause of sunburn?”
“Yes it is.”
“So it appears, in this example, the iron catalyst has lowered the activation energy enough that ordinary UV-A can now reform the R-form isomer of Farm-eXia into S-Form. Is that a correct statement?”
“Objection, leading,” Fullbright says.
“Overruled. Please continue Dr. Benson.”
“That statement would only be true if we performed the experiment in the presence of an iron catalyst. Without the iron, the statement is nonsense.”
Berkeley turns to me and winks. I give him an unobtrusive thumbs-up in approval.
“But nonetheless, is that activation diagram you hold in your hand, as it now stands, true or untrue?”
“If you included the iron catalyst, then yes, it would be true.”
“But earlier you testified it would be impossible for the sun’s UV radiation to change R-form Farm-eXia into S-form. Are you now changing your mind?”
“You’re twisting my statement all around.”
“Perhaps you should clarify that,” Berkeley says.
The judge interjects: “May I remind the witness he’s under oath. Please answer the question to the best of your ability.”
Berkeley speaks up: “Dr. Benson, would you let the jury know if it is possible or impossible for the sun’s UV radiation to change R-form Farm-eXia into S-form.”
“Under normal circumstances, it would be impossible. But in the presence of an iron catalyst, then yes, it would be possible.”
“Thank you Dr. Benson.”
Berkeley hands the bailiff another piece of paper.
“With the court’s permission, I would like to enter this as evidence.”
“Permitted,” the judge says.
The bailiff hands the paper to Benson.
“Dr. Benson, is there anything special about that paper?”
“I’m not sure what you’re asking.”
“For the record, this is a copy of a graph included in an article Dr. Benson wrote for a trade magazine ten years ago. The title of the article is: ‘GWI Cares About Water Quality.’”
“Oh yes, I remember it now.”
“What do you find significant about this particular graph.”
“I don’t know what you mean.”
“This graph contains measurements of water samples taken in and around Lake George. The very first item on the graph is the concentration of Farm-eXia, but interestingly no mention of the isomers.”
“Who cares about isomers?”
“Apparently no one,” Berkeley says, and then gazes around the room looking for a reaction, but he gets none. He then turns back to Benson.
“About half-way down the page are the words, ‘Iron content.’ Would you be so kind to read it for the jury?”
“Iron content: 15 grams per liter.”
“Doesn’t 15 grams per liter seem like a lot of dissolved iron?”
“Not really. That’s typical for groundwater in many parts of the country.”
“Okay then Dr. Benson, let’s review your testimony. Number one, ten years ago you knew about isomers and that the S-form was damaging to wildlife. Number two, you knew about the ultraviolet effect and its ability to break bonds if the energy was sufficient. Number three, you knew about the Haber process, and how iron would be an effective catalyst to lower the activation energy. Number four, you were aware that lake water in and around agri-businesses was laden with dissolved iron. And finally number five; you knew that if the oxygen atom was knocked off by UV light, it would recombine into a more stable molecule, the psychotropic S-form isomer. And in spite of all this, you did nothing to prevent the sale of Farm-eXia. I don’t know about you, but in my world that speaks of negligence.”
A quiet descends over the courtroom, and then, Fullbright speaks out.
“Objection, Your Honor. Hypothetical and speculative.”
“Overruled.”
Dr. Benson glances at Ellis Grimes with the most forlorn look I’ve ever seen, and then, shrugs. He responds in a soft, barely audible voice shaking his head from side to side.
“It’s not negligence.”
“Speak up please,” the judge says.
“It’s not negligence!” Benson blurts out, looking at Berkeley.
“What then, would you call it?”
“It’s complicated. I’m not sure there’s time to go over it.”
Berkeley looks at the judge.
“Your Honor, I leave it to you.”
“Please answer the question Dr. Benson.”
“It’s not negligence... because... I did try to do something. I was shot down.”
“Shot down? I don’t understand.”
“I went to my boss and raised my concerns.”
“And who was your boss?”
“Ellis Grimes.”
“You went to Ellis Grimes, told him your concerns, and he disallowed you to do anything about it?”
“Yes, that’s right.”
I glance at the defense team and Grimes has his head down on the table, resting his forehead on his folded arms, as if he doesn’t want to hear this.
“Please continue Dr. Benson,” Berkeley says.
“When the isomer issue became apparent, I explained to Mr. Grimes what was happening and told him I needed more time to resolve it.”
“And what did Mr. Grimes say?”
“He seemed concerned at first, but then told me he had gone out on a limb and promised the Board of Directors he would personally make sure Farm-eXia launched on August first.”
“What was special about August first?”
“It was the date they had filed with the Securities and Exchange Commission. It affects the market cap.”
“Market cap?”
“Market capitalization, the value of the company. It’s the stock price multiplied by the number of shares outstanding.”
“And if you didn’t meet that date?”
> “The stock price would fall dramatically.”
“Why would missing a date cause the stock price to fall?”
“GWI had been promoting Farm-eXia for over a year and there was a lot of buzz among investors. They were anticipating a substantial increase in revenue and had bid up the stock price to stratospheric levels. If we didn’t release it on time, they would believe something was wrong, panic, and sell off their shares.”
“But don’t share prices fluctuate all the time? Why should anyone be concerned?
“We’re not talking normal fluctuations. This could be huge.”
“How huge?”
“Our analysts had estimated five to seven percent.”
“Five to seven percent doesn’t seem like very much.”
“Maybe not for the stock price, but for market capitalization, it’s huge.”
“For the record, could you explain that?”
“Well, the current market cap for GWI is $300 Billion. A drop of five to seven percent means that $15 to $21 Billion instantly evaporates into thin air. If that happens, there’s going to be a lot of unhappy people on Wall Street.”
“Unhappy enough to fire the Board of Directors, and maybe others?”
“Could be.”
“So if you didn’t meet the date, investors would lose a lot of money and some people might get fired. But if you did, you believed the product could be damaging to the environment.”
“Yes, that’s the gist of it.”
“That’s a lot on your shoulders. What did you do?”
“I pleaded with Mr. Grimes, asked him for more time to work out the problems.”
“And his response?”
“He was adamant, reminded me my continued employment with the company depended on me meeting that date.”
“So you released it.”
“Not yet. I told him there were legal issues, and how it could come back to haunt us later.”
“What kind of legal issues?”
“Objection, Your Honor. Witness is not an expert in the law,” Fullbright interjects.
“Overruled. Please answer the question Dr. Benson.”
“There were these reports.”
“Reports? What kind of reports?”
“Reports to the EPA.”
“And what were your concerns?”