by Tom Berreman
“An outrageous salary, a Mercedes Benz company car and many other perks caused me to tolerate using smoke, mirrors and deception to put a positive spin on the company’s actions which, in my opinion, were unethical. But it was growing old, and my tolerance was being challenged by my struggles over right and wrong.”
“Earlier, Mr. Jorgensen testified Chelsea Williams copied sensitive internal email correspondence from Louis Hartwig’s files. Unfortunately, Ms. Williams was murdered in the park where she was to meet with an investigative reporter, and police found no PCI internal correspondence in her possession. Were you asked to respond to the media concerning this matter?”
“Yes. Louis Hartwig called me to his office the morning after police found her body and the documents she planned to leak to the investigative reporter mysteriously disappeared.”
Hartwig’s terse whispers, becoming louder with each sentence, continued. Buchwald appeared to ignore him.
“He told me Ms. Williams was nothing but a disgruntled intern who objected to being tasked with filling coffee pots for meetings, and this was nothing more than a fabricated story to seek revenge. He acknowledged she copied sensitive internal correspondence from his files but told me he recovered her copies and shredded them.”
“Objection,” Buchwald said as he stood, concerned her testimony that Hartwig shredded Chelsea Williams’ copies implicated him in her murder. “It is hearsay and assumes facts not in evidence.”
“Sustained.”
“Are you suggesting Louis Hartwig had something to do with her murder?”
“I have no direct knowledge, but Mr. Hartwig’s administrative assistant told me Scott Jorgensen confronted him earlier that morning and resigned following their meeting.”
“I’ll fire that bitch,” Hartwig whispered loud enough to provoke a stern stare from the judge.
“Objection,” Buchwald said. “Again, her testimony is hearsay and assumes facts not in evidence.”
“Sustained. Ms. Gorman, please keep your testimony to matters you know for a fact are true.”
“Yes, Your Honor.”
Before asking his next question, Jason smiled at Sally acknowledging she had pushed the boundaries, just as he coached her to do. He continued.
“So, what did Mr. Hartwig ask you to do?”
“He directed me to write another smoke and mirrors press release to deflect any blame from the company, then gave me his copies of the email correspondence, the documents Chelsea Williams wanted to leak to the investigative reporter. He told me they were the only remaining hard copies, he had all electronic copies deleted from the company’s email system, and ordered me to shred them after reviewing them.”
“How did this request affect you?”
“To spin a college intern’s murder and the mysterious disappearance of internal correspondence she copied caused me to question whether the salary and perks were worth compromising my personal ethics, so I decided for the first time to consider alternative career paths. But after the Autonohaul accident, I had no choice but to resign.”
“Just a moment ago, you testified Mr. Hartwig directed you to shred the correspondence. Did you follow his directions?”
“No. I kept the copies as insurance if I were implicated in the company’s illegal activities.”
“Objection!” Buchwald responded. “I move the last statement by the witness be stricken from the record as her testimony continues to assume facts not in evidence, not to mention she does not have the expertise to opine on whether corporate activities are legal or illegal.”
“Sustained, the last statement shall be stricken from the record. Ms. Gorman, this will be your last warning. Next time I will cite you for contempt.”
“Yes, Your Honor.”
Jason turned to watch Louis Hartwig’s reaction to this line of questioning. He appeared close to leaping from his chair once again, but this time to attack his witness. After retrieving several documents from his counsel’s table Jason worked his way over to stand between Hartwig and the witness stand, just in case. His next question might push him over the edge.
“Ms. Gorman, can you please identify these documents?”
“Yes. They are copies of internal correspondence from Louis Hartwig’s files that Chelsea Williams copied and threatened to release to the investigative reporter.”
“Objection!” Buchwald shouted as he stood and hurried around his table. “May we approach?”
Buchwald stood at the bench before Judge Kleinschmidt granted his request to approach. Jason, savoring the moment, casually strode toward the bench. Buchwald began to speak before Jason stood next to him.
“Your Honor, these documents are--”
“Gentlemen, my chambers please,” Judge Kleinschmidt interrupted, again holding up a hand to stifle Buchwald.
* * *
The judge had not yet taken his seat behind the desk in his chambers when Buchwald began his tirade against introduction of email correspondence that would sink his case.
“Your Honor, these documents contain highly sensitive information concerning my client’s research and development. They are proprietary trade secrets inadmissible in a civil matter, marked confidential, for Louis Hartwig’s eyes only. Even the company’s vice president of corporate intelligence appreciated their sensitivity and respected the ‘for your eyes only’ designation when he refused to read them. It would be ludicrous for this Court to admit them into evidence.”
“I will determine what is or is not ludicrous,” Judge Kleinschmidt said. He turned his attention to Jason. “Mr. Burke?”
“Your Honor, Louis Hartwig testified under oath in this hearing, and in the company’s negligent vehicular homicide trial, that his company performed exhaustive testing on the long-range laser sensor it purchased from Jennco. These documents refute his testimony and their probative value to the matter before this Court outweighs any prejudicial impact to the company or its claim of damages that may result from the introduction of proprietary trade secrets. In fact, they are not trade secrets at all, they document internal management conflict over the company’s introduction of the sensor without adequate testing.”
“Your Honor,” Buchwald interjected. “Ms. Gorman is bound by an iron-clad nondisclosure agreement which prohibits her from sharing any proprietary information learned while employed by Pacific Coast Industries. And protecting my client’s trade secrets, as memorialized in said nondisclosure agreement, further precludes introduction of these documents.”
“Your Honor,” Jason responded. “My previous argument applies equally to this nondisclosure agreement, that the documents’ probative value to the matter before this Court outweighs any prejudicial impact to the company or its expectation of privacy under its nondisclosure agreement. And Mr. Hartwig waived the company’s expectation of privacy when his testimony under oath contradicted the internal documents in his own files.”
“Gentlemen,” Judge Kleinschmidt said after a few moments. “I will perform an in camera inspection of these documents, consider your arguments and rule on their admissibility. Please retire to the courtroom, but don’t go far. I won’t take more than ten minutes.”
* * *
The mood in the quiet courtroom was tense as all waited for Judge Kleinschmidt to announce the results of his in camera inspection. As he emerged through the door from his chambers, all rose until he resumed his position behind the bench.
“I have reviewed these documents, and Mr. Buchwald’s objection to their admissibility is overruled.”
“No!” Hartwig screamed as he again began to stand when he glanced to his right and saw three large, armed bailiffs beginning to approach. Judge Kleinschmidt anticipated this reaction and put his bailiffs on notice. Hartwig stopped his upward momentum, took a deep breath and relaxed in his chair.
“Sorry, Your Honor,” he said.
“Mr. Burke, you may continue your examination of this witness.”
“Thank you, Your Honor,” Jason said as he stood
and approached the witness stand. “Ms. Gorman, can you please identify this document for the Court?”
“It is a printed copy of email correspondence from Larry Reinhardt to Louis Hartwig marked ‘confidential, for your eyes only,’ dated October eighteenth of last year.”
“Can you please read the highlighted portions?”
“Certainly. We have concluded the purchase of Jennco’s long-range laser sensor technology from Brent Jennings. We bought it as is, but I’m sure the technology is sound. Five hundred thousand is less than a third of the anticipated research and development budget to clear our sensor for commercial release testing.”
“So, based only on Mr. Reinhardt’s comment he was sure the technology purchased ‘as is’ was sound, would you conclude it was reasonable for PCI to rely on Jennco’s testing?”
“Objection,” Buchwald said. “He’s leading the witness, and she is not qualified to testify on technical matters relating to sensor testing.”
“Your Honor,” Jason replied. “I’m not asking a technical question, just whether a reasonable person would conclude Brent Jennings’ sale of the sensor ‘as is’ diminished any basis for PCI to rely on Jennco’s testing.”
“I agree,” Judge Kleinschmidt said. “However, the question is leading. Please rephrase.”
Jason smiled as Buchwald’s objection gave him a second opportunity to focus on the issue. He returned his attention to the witness stand.
“Ms. Gorman, in your opinion, what does the purchase ‘as is’ mean to you?”
“The purchase is without guarantee or warranty.”
Jason waited for Buchwald to object. When he didn’t, he returned to his counsel’s table and retrieved another document.
“Ms. Gorman, can you please identify this document for the Court?”
“It is an email from John Atwood, PCI’s former director of quality assurance, to Louis Hartwig marked ‘confidential, for your eyes only,’ dated November second of last year.”
“Can you please read the highlighted portions?”
“Of course. I must object to your decision to terminate testing of the recently acquired sensor technology to accommodate an unreasonable market launch date to win the Autonohaul contract. It is imperative we thoroughly test the technology under the protocol mandated by the autonomous vehicle program before releasing it for commercial application. As you insist on moving forward without adequate testing I find it impossible to remain involved with this project and, accordingly, I submit my resignation effective immediately.”
A loud hum in the courtroom revealed the consensus Buchwald had lost his case.
Sally took a moment to direct another smile in Hartwig’s direction. It was met with an invasive and sinister stare, made even more menacing with his two hands clenched into fists, his knuckles white from lack of blood flow.
He whispered tersely “you will regret this.”
No one but Sally heard what he said.
“And can you please read the last line?” Jason asked as she returned her attention to him.
“You will have the blood of victims on your hands if this sensor fails.”
Chapter 65.
“Great job on your direct exam,” Jason said to Sally as they stood on the courthouse steps. “You really got under Hartwig’s skin.”
“Yeah, I thought he would blow an aneurism,” added Scott Jorgensen who had joined them.
“You did a great job as well,” Jason said to him.
After Sally’s testimony Judge Kleinschmidt offered Trevor Buchwald the opportunity to begin his cross-examination. Noting the time, he told the judge he expected his cross-examination to be rather lengthy, and he preferred to wait until after the lunch break. Judge Kleinschmidt agreed and announced the hearing would break for lunch and resume at one o’clock.
“You guys up for lunch? There’s a great little deli a couple blocks away. Let’s grab a quick sandwich and we can get prepped for your cross-examination. I’m sure Buchwald is salivating at the chance to discredit you.”
“I’m not worried,” Sally said as the trio headed for the corner crosswalk. “Bring it on.”
As the walk sign illuminated Sally stepped into the crosswalk ahead of the waiting lunch time crowd. After three quick steps she jolted at Scott’s booming voice behind her.
“Sally, look out!”
She turned and froze as a dark green Jaguar sedan sped toward her, clearly not stopping for the red light. As the car struck she hurtled upward, her head slamming against the windshield, leaving a large, spiderweb crack. She tumbled over the roof as the car sped away, leaving her battered and bloody body in the crosswalk, her limbs contorted in an unnatural position.
“That was Hartwig driving!” exclaimed Jason as he dashed into the crosswalk and knelt next to Sally, cradling her head in his arm to comfort her.
“I guess I really got under his skin,” she whispered. “Thanks for the chance.”
He pulled out his cell phone to call 911 but her glassy-eyed stare told him it would be no use. She closed her eyes as her head rolled slowly to the left and she exhaled her final breath.
The stunned pedestrians watched in silence as the Jaguar sped away.
Two blocks ahead a large FedEx box truck was double parked in the traffic lane, its four-way flashers blinking brightly. As Hartwig’s Jaguar approached the truck, its brake lights illuminated, but the car appeared to be accelerating. The Jaguar slammed into the truck, traveling at least fifty miles per hour. Moments later it burst into flames, a fireball rising twenty feet.
No one could have survived the crash.
Chapter 66.
The Next Day
Judge Kleinschmidt entered the courtroom and gazed at a packed, standing room only gallery. Parties to the motion and parents of deceased high school students sat where they had for the entire motion hearing. But reporters and a smattering of court watchers crammed into every other available space as the events of the day before drew media attention to the trial.
The hum of people discussing yesterday’s events was unusually loud for a courtroom. And as the bailiff announced “All rise” the response was unusually slow as the gallery snuck in their last comments before the judge’s presence demanded silence.
* * *
Due to the tragic events during the lunch break the day before, Judge Kleinschmidt had recessed the hearing, announcing it would resume at nine o’clock the next morning.
He then directed Jason and Buchwald to meet him in chambers.
“Your Honor,” Buchwald said after they entered the walnut-paneled room, shut the door and settled into their chairs. “Without an opportunity to cross exam Ms. Gorman, I move her testimony be stricken in its entirety. And without her testimony, there is no foundation to admit the email copies, and they too must be stricken from the record.”
“Your Honor,” Jason interjected, watching his case dissolve. “How can Mr. Buchwald keep a straight face as he makes such a preposterous argument? The only reason she cannot be cross-examined is his client murdered her.”
“There’s no evidence to support such an accusation, it could have been an accident.”
“Yeah, or maybe Hartwig installed a defective sensor in his Jaguar. But then it would still be his fault, not an accident.”
“Your Honor,” Buchwald pleaded.
“Enough gentlemen,” Judge Kleinschmidt said. “As much as I hate to reward Mr. Buchwald for his client’s despicable act, it is a basic tenant of trial procedure that the testimony of a witness that, for whatever reason, was not subject to cross-examination is inadmissible and stricken from the record.”
“Thank you, Your Honor,” Buchwald said.
Jason sat speechless, unable to object to the judge’s reasoning, when he continued.
“I would hold off on the accolades for now Mr. Buchwald. I find there was adequate foundation to admit the emails, and therefore your motion to exclude them is denied.”
“But, Your Honor--”
&nbs
p; “Enough. One more word and I might search for an exception to allow Ms. Gorman’s testimony to remain on the record, in its entirety.”
“Yes, Your Honor.”
“Do you have any more witnesses Mr. Burke?”
“No, Your Honor. The defense rests.”
“Very well. I will announce my decision in the morning.”
The two adversaries stood and left the judge’s chambers in silence.
* * *
“Good morning,” Judge Kleinschmidt said to those in the packed courtroom. “I have reviewed all the evidence presented to this Court relative to a motion to join Jennco Corporation as a defendant in the matter of Sally J. Crittenden, James L. Nelson, et al. versus Autonohaul Corporation and Pacific Coast Industries. After careful consideration of the testimony and evidence presented to this Court, I rule that Jennco has met its legal burden of proof and Pacific Coast Industries’ motion to join Jennco is hereby denied.”
A modest hum filled the courtroom. Many legal commentators doubted whether Judge Kleinschmidt would refuse to join Jennco, if for no other reason than to add another deep pocket defendant to the case to absorb what were sure to be substantial monetary damages. Perhaps Hartwig’s ill-fated act of revenge was enough to move him to deny the motion, but no one would ever know for sure.
Under the counsel table Allison reached over and clasped Jason’s hand, squeezing it tightly. Trevor Buchwald, sitting alone at his table, sat without reaction, knowing his client’s fate was sealed by the ill-advised emails he never should have printed and saved.
The judge surprised those in the courtroom when he continued.
“Also, the district attorney advised me that, despite the testimony provided in this hearing exposing Pacific Coast Industries’ failure to test the sensor, double jeopardy precludes further criminal action against the company. However, the bailiffs shall take Brent Jennings into custody charged with fourteen counts of negligent vehicular manslaughter, and a warrant for Adam Ritter’s arrest on the same charges has been issued pending extradition proceedings. This Court is dismissed.”