A Family Divided

by Tom Berreman

  “Fraud in the inducement.”

  “Correct. And our lawyers can argue to the jury Autonohaul’s comparative negligence in the fatal crash is minimal.”

  “I would agree with that assessment.”

  Under the legal theory of comparative negligence, when multiple defendants are involved, a jury can allocate a percentage of fault between the defendants, and each defendant is liable only for their allocated damages percentage. In states with contributory negligence statutes, all defendants found negligent share equally in the damages, regardless of their respective share of fault.

  Fortunately for Autonohaul, California was a comparative negligence jurisdiction.

  “Are you willing to share your evidence opposing the motion?”

  “I’m sorry Henry, I’m not sure I can go that far. I appreciate we have mutual interests in proving PCI didn’t test the sensor, but Jennco is still another deep pocket the jury can look to when assessing comparative negligence, potentially reducing Autonohaul’s liability exposure. So, for now I have to view your company as adverse to our opposition to the motion. And I can’t in good conscience do anything that might diminish Jennco’s chances of prevailing.”

  “I appreciate your position but thought it wouldn’t hurt to ask.”

  “Okay,” Jason said, sensing Mattson would not challenge Jennco’s opposition to the motion. But he was still unwilling to show his cards before the hearing. “But, that being said, I can assure you I have a strong case to oppose the motion, assuming I’m able to overcome a few evidentiary hurtles.”

  “Good. And just between you and me, I’ll enjoy watching Hartwig squirm as you present your case.”

  “Me too. But if we lose, I’m sure we’ll be meeting again soon, and everything will be on the table. Hartwig screwed both our companies, and a united front would be in both of our best interests.”

  “Agreed, and please don’t take this wrong. I’m not trying to change your mind, but there was another reason I wanted to meet with you.”

  “And what is that?”

  “I want you to know we wish this whole thing had worked out differently. Hartwig is an egotistical narcissist focused solely on achieving his personal goals, not the type of partner we prefer to work with. In hindsight, we should have given Jennco an equal opportunity to respond to our RFP. I’m confident we could have worked well together, perhaps develop a long term partnership.”

  “I have to agree with you. Working on this case, every rock I turn over reveals another slimy Hartwig scheme. I can assure you Curt Jennings ran Jennco with the highest ethical standards, and we have continued to follow his example.”

  “Well, I guess we’ll see what happens after the trial.”

  The two men stood, Mattson walked Jason out to the reception area and they shook hands. As Jason turned to leave through the front door Mattson spoke.

  “See you in court counselor.”

  Chapter 62.

  “Mr. Rogers, please tell the Court your position with Jennco.”

  After Judge Kleinschmidt denied several appeals by Trevor Buchwald to disallow Jason’s last-minute additions to his witness list, or allow a recess to prepare for them, the hearing was taking place as scheduled. And in a move that surprised the judge, Henry Mattson gave him notice Autonohaul would not join PCI’s rebuttal to Jennco’s opposition to the joinder motion.

  Jason was confident he put together a solid case to convince the judge PCI was solely responsible for the Autonohaul accident, but it required overcoming several significant evidentiary obstacles. After establishing Eric Rogers’ expertise and long-term involvement with Jennco’s sensor development program Jason began to establish the foundation of his case. He handed him the schematic of the Jennco sensor that failed quality assurance testing.

  “Mr. Rogers, can you please identify this document?”

  “Yes, it is a schematic of the long-range laser sensor Jennco was developing.”

  “Did this sensor ever go into production?”

  “Absolutely not. Testing showed it was defective. It would misread the sensor’s data and reverse the command it sent to the system when it detected an oncoming hazard. Instead of sending a message to brake or otherwise divert from the detected hazard, it sent a message to accelerate.”

  “How did you and Jennco management deal with this problem?”

  “Curt asked me to focus exclusively on research and testing to resolve the problem.”

  “Was the company’s product development committee tasked with assisting in the research and testing?”

  “No. Curt Jennings was convinced there was a PCI mole on the committee and didn’t want to risk additional thefts of Jennco proprietary trade secrets.”

  Jason smiled at the emphasis to additional they rehearsed.

  Buchwald stood to object but before he could speak Judge Kleinschmidt presented an open hand like a traffic cop directing him to stop. He nodded and returned to his seat.

  “Curt issued a companywide email I was taking a six-month sabbatical to perform missionary work in Africa,” Eric continued, “but I moved to my isolated Oregon cabin to perform the research and testing off-line.”

  “What do you mean by ‘off-line’?”

  “I worked on my computer in local mode and saved files to my hard drive and backed them up on external flash drives. We used printed hard copies for review discussions, never emailing electronic versions. I saved nothing to the company’s cloud storage.”

  “To protect against further corporate espionage?”

  “Exactly.”

  Buchwald shook his head at the leading question but didn’t object.

  Jason turned to an easel with a large, black ink poster board copy of the schematic Buchwald produced to prove PCI purchased Jennco’s technology. In an earlier conference in chambers he described to the judge the exhibits he planned to present. Kleinschmidt approved them despite Buchwald’s objection to their presentation.

  “Mr. Rogers, this is an enlarged copy of the schematic Brent Jennings sold to PCI. And this is an enlarged copy of the document you just identified,” he said as he reached behind the poster board. He pulled a copy of the defective Jennco schematic printed in black ink on a clear plastic sheet over the easel and laid it over the poster board.

  It was clear to all in the courtroom the two were identical.

  “Your Honor,” Buchwald said. “I again object to this simplistic, visual representation. It is nothing but a distraction from the electrical engineering analysis required for counsel to prove his point.”

  “You objection is noted and again overruled.”

  “But Your Honor….”

  Another traffic cop open hand.

  “Mr. Burke, you may continue.”

  “Thank you, Your Honor. Mr. Rogers, can you point out any differences between these two schematics?”

  “No.”

  “So, in your expert opinion, what would you conclude?”

  “That Brent Jennings sold the defective sensor technology to PCI.”

  “But Ritter told me it was current!” exclaimed Brent as he stood from his seat in the gallery.

  “Mr. Jennings, you are out of order,” Judge Kleinschmidt barked. “Please take your seat and remain quiet or I will hold you in contempt.”

  “Sorry, Your Honor,” Brent said, sitting and directing his stare at the floor.

  “Mr. Rogers,” Jason said, appearing to ignore Brent’s outburst but stifling a smile as he handed Eric another schematic. “Can you identify this document?”

  “Yes. It is the schematic of Jennco’s long-range laser sensor that passed our rigorous and exhaustive quality assurance testing protocol before we cleared it for commercial release.”

  Jason smiled again and gave Eric a thumbs up with his right hand held close to his chest, out of the judge’s view, for another excellent, rehearsed response to the question. He again reached behind the poster board, pulled an enlarged copy of the final Jennco schematic, printed in red in
k this time on a clear plastic sheet, over the easel. He laid it over the poster board copy of the schematic PCI purchased from Brent Jennings.

  It was clear to all in the courtroom the two schematics were different.

  “Mr. Rogers, this graphic representation speaks for itself that the two schematics are not the same. Would you agree?”

  “Yes.”

  “Thank you,” Jason said as he turned to his counsel’s table and retrieved a stack of documents.

  “Mr. Rogers,” he said as he handed the voluminous document to Eric. “This document is PCI’s long-range laser sensor’s testing protocol results submitted into evidence in defense of negligent vehicular homicide charges brought against the company. Have you reviewed this document?”

  “Yes.”

  “And, in your expert opinion, if PCI performed these tests on the laser sensor it purchased from Brent Jennings, would they have revealed the defect?”

  “Absolutely.”

  “So, in your expert opinion, what would you conclude?”

  “That PCI did not perform the tests and fabricated these results.”

  “Objection!” Buchwald exclaimed as he stood. “Calls for speculation and facts not in evidence.”

  “Withdrawn,” Jason said. “Your witness.”

  Buchwald burst toward the podium, inadvertently sending a message to all in the courtroom, including Judge Kleinschmidt, that his case was at risk of falling apart. Or, maybe more ominous, that he suborned perjury by submitting falsified records to the criminal court.

  “Mr. Rogers, based solely on your review of this document, is it your expert opinion the testing protocol set forth therein meets all accepted industry standards for testing long-range laser sensors?”

  “Yes.”

  “And, you are well aware Louis Hartwig testified under oath in PCI’s criminal trial, and again in this Court proceeding, his company followed this testing protocol?”

  Jason smiled as Buchwald walked deeper into his trap.

  “Yes.”

  “So, again in your expert opinion, isn’t it possible…, and I repeat possible…, these tests may not have detected the defect you identified in Jennco’s earlier version of the sensor, even when fully implemented?”

  “Well, I find it unlikely--”

  “Please, Mr. Rogers,” Buchwald interrupted, “a yes or no answer.”

  “Yes, I guess you could say it’s possible.”

  Jason smiled at Eric’s intended sarcasm as he finished the sentence.

  “I have no further questions for this witness,” Buchwald said as he returned to his counsel’s table and took his seat next to a sneering Louis Hartwig.

  “Jennco calls Mr. Scott Jorgensen to the stand,” Jason said as he stood and returned to the podium.

  As Jorgensen took the witness stand and was sworn in, Hartwig’s sneer turned into a look of concern.

  Chapter 63.

  “Mr. Jorgensen,” Jason said as he stood. “Thank you for agreeing to testify today on rather short notice.”

  “You’re welcome.”

  “What was your position with Pacific Coast Industries?”

  “I was the company’s vice president of corporate intelligence, responsible for monitoring our competitors’ product development activities as they affected our products, both current and under development. I also managed security of the company’s property and assets.”

  “Can you please tell us what occurred on the evening of November eleventh of last year?”

  “I was at home, it was a Friday evening, and I logged onto the corporate headquarters’ security system to make sure everything was shut down for the weekend. I detected movement in the executive offices’ area and, after confirming with our head of building maintenance the janitorial staff left for the evening, I went to investigate.”

  Jorgensen couldn’t help but glance at Louis Hartwig, and was met with a hateful, piercing gaze.

  “And what did you find?”

  “I discovered Chelsea Williams, a Cal Tech student intern in the engineering department, had entered Louis Hartwig’s office, accessed several confidential company documents from his files and made photocopies.”

  “Did you confiscate the copies from her?”

  “No, I didn’t appreciate the documents’ sensitivity until after she left the building.”

  “What did you do next?”

  “Monday morning I approached Louis Hartwig, informed him she copied the sensitive documents and told him I could take care of the security breach.”

  “And did you?”

  “No. Mr. Hartwig told me he knew a guy who could handle it.”

  “And you are aware Ms. Williams was strangled in the park where she was to meet with an investigative reporter to share the confidential PCI documents?”

  “Yes.”

  Jason turned to his counsel’s table and retrieved another document, handing it to Jorgensen for his review.

  “Mr. Jorgensen, this is a transcript of Louis Hartwig’s testimony responding to my question whether he knew Ms. Williams was murdered in the park. Can you please read the highlighted section?”

  “Of course. Yes, that is also true. But let me point out the police report specifically acknowledged they found no PCI internal memos on her body or in subsequent searches of her car and apartment. Ms. Walters was nothing more than a disgruntled intern who felt she was not getting challenging work assignments and fabricated the entire thing as a twisted attempt at revenge.”

  “Does this answer make sense to you knowing she stole sensitive documents?”

  “Absolutely not.”

  “Mr. Jorgensen, I have one more question before Mr. Buchwald asks you some questions. What did Mr. Hartwig say when you told him Ms. Williams stole sensitive documents from his files?”

  “He said ‘I’ll kill the little bitch’.”

  “Objection!” Buchwald exclaimed as he stood. “The statement is prejudicial and irrelevant to the matter at hand, I demand it be stricken from--”

  “Withdrawn,” Jason interrupted before Buchwald could complete his demand. He returned to his seat as Buchwald stood to begin his cross-examination.

  “Mr. Jorgensen, can you please summarize for the Court the documents you claim Ms. Williams stole from my client’s files?”

  “No, I cannot.”

  Buchwald glanced back at Hartwig and was met with a smile. Hartwig told him he was sure Jorgensen hadn’t read the emails.

  “And why not?”

  “The file was labeled ‘Sensor R&D–Confidential–L. Hartwig Eyes Only’ and I respected the notation’s message.”

  “So, just to confirm, you never read the documents Ms. Williams copied.”

  “Yes, that is correct.”

  “But you just testified she copied sensitive documents. How can you say that if you never read them?”

  “I based my decision not to read them on the ‘Hartwig Eyes Only’ label.”

  “Your Honor,” Buchwald said, turning his attention to the bench. “I move to strike this witness’ entire testimony as irrelevant to the issues before this Court. He cannot testify to the substance of the documents he claims Ms. Williams stole from Mr. Hartwig’s office, and therefore his claims offer no additional evidence on which this Court can rely to allocate culpability for the wrongful deaths at issue in this case.”

  “Your Honor,” Jason said as he stood to respond. “The relevance of Mr. Jorgensen’s testimony will become clear shortly, and I request you withhold ruling on Mr. Buchwald’s motion until I have presented the rest of my client’s case.”

  “I will allow the testimony to remain on the record for now,” Judge Kleinschmidt replied, “pending substantiation of its relevance. Mr. Buchwald, do you have any more questions for this witness?”

  “No, Your Honor,” Buchwald said as he returned to his seat next to Hartwig.

  “Thank you, Your Honor,” Jason said. “Jennco calls Ms. Sally Gorman to the stand.”

  As she walk
ed through the courtroom doors and approached the witness stand Louis Hartwig leapt from his chair. His anger had been building since he learned she would be testifying.

  “You fucking traitor!” he shouted as he ripped his arm from Buchwald’s grip. His lawyer’s attempt to restrain him was fruitless. “If you testify, you’ll breach your nondisclosure agreement, and I’ll sue your ass, you little bitch! Or better yet maybe I’ll just fucking kill you!”

  “Mr. Hartwig!” Judge Kleinschmidt roared, standing from behind his bench and pointing at Hartwig. “One more outburst and I’ll have the bailiffs drag you from this courtroom in handcuffs and leg irons. And while it may not be much of a deterrent, I am fining you ten thousand dollars for contempt of court for such an outrageous statement. I’d fine you a million if I could. And Mr. Buchwald, I strongly advise you to control your client’s behavior or I will ban him from this courtroom during the remainder of this hearing. Am I clear?”

  “Yes, Your Honor,” Buchwald said as Hartwig stood in defiance for a moment before he returned to his seat, fuming, an if looks could kill stare burning into Sally Gorman’s eyes.

  She returned the stare with a condescending smile.

  Chapter 64.

  “Ms. Gorman, you worked for Pacific Coast Industries a little over five years, is that correct?”

  “Yes.”

  “Can you please summarize your position and responsibilities with the company?”

  “Certainly. I was PCI’s director of shareholder and media relations. In performing my responsibilities related to the latter part of my job title I was essentially the face of the company with the media, drafting press releases announcing major company events and responding to any criticism aimed at the company by investigative reporters. This often put me in the difficult position of having to put a positive spin on actions that may bend the rules of ethical corporate behavior.”

  She could hear Hartwig’s terse whispers begging Buchwald to object to this line of questioning. But Buchwald just shook his head in response as nothing she said was objectionable.

  “Were you comfortable justifying the company’s actions to the press?”