Jumpseat- A Tale of Twisted Fate

by E E Valenciana

  “Please relate to me once again how you got into the cockpit that morning, why you were there and what you saw.”

  It was apparent that everything I witnessed in the cabin of flight 2605, Reina's visions, Tamlyn's desire to transfer jobs and the uncertain atmosphere had zero value in the courtroom. Now, the activity in the cockpit was a different matter. The opposing side could regard it as a gold mine of information.

  “Take your time, Eduardo, I wish to know every detail you recall no matter how minor.”

  “I walked forward and instigated the coded chimes that would allow me entrance.” I spoke slowly.

  “Does every crew-member know this code?” Andrew Jawkins was trying to emulate the opposing lawyer.

  “That's it! That's It!” I concluded my account by relating Captain Herbert's display of anger and the deafening silence that followed. Jawkins scribbled down notes.

  “Those two guys were really pissed at each other,” I blurted out after a long pause.

  “What?” Dennis went ballistic. “You don't know that. How do you know that?” The frantic attorney recognized the potential damage such a statement could make in a court of law. I remained calm.

  “They were pissed, Carl even wrote up Dieter a short time prior. Dieter's discipline hearing was just hours before he piloted the jumbo jet to Mexico.”

  “How do you know this?” Dennis was becoming indignant.

  “I have the damn disciplinary report.”

  “Where did you get that?” McDonald was not happy. Jawkins wisely interceded.

  “That's not important. Ed, you must realize how, under pressure, some of the things you are telling us can be detrimental. What if they ask you about this information? You know they will twist and distort your words.” I hesitated, he had a good point.

  “Isn’t that what the Federales and the press tried to do to me in Mexico City? I did okay.”.

  “What if the attorney asks you how you got into the cockpit, what you saw and heard while in there?” Jawkins inquired.

  “Don’t worry gentlemen, I have something special planned if that situation should arise. Remember, I'm part of the team.” My sarcasm reflected my disdain. Even after all I had been through in this messy affair I felt as though the company still refused to give me what I felt I had earned, stock in my character. But then again, my recent behavior was a good argument against it.

  I felt the burden of this court date while on the flight line. The more I analyzed the process the sicker I became. The outcome seemed clear, very clear indeed. Barry Lane, Jack McKay and Captain Ron Banner all indicated that pilot error was inevitable. If so, what was the purpose of me having to testify in a court case? Surely, the company and its insurer had made very generous offers to the remaining parties seeking restitution. The obvious was staring me in the face: The only reason my testimony was needed was so the money could be surgically dissected by the opposing attorneys. My so-called valuable contribution of the truth was brushed aside. The truth had little to do with my participation in this tribunal. I had been reduced to a participant in the frenzy to gather the meager pennies that remained. This really pissed me off.

  “You don't deserve anything!” The voices were in attendance.

  “It’s been a couple of years now since the incident, Edmundo, you should have your act together by now.” The mental reprimands chipped away at my frail resolution. Once the cases concluded what if Management starts looking for a reason to dismiss me?

  On a wet, storming morning I raced down the 405 headed for Westwood and the offices of Doctor Ramljak. I sped dangerously on the rain-soaked pavement, compelled by an unnerving anxiousness that caused a gnawing and dreadful impatience.

  My mind shifted to the memory of my splendid Roman Catholic wedding, a marriage Sofia and I had shared with the blessing of His Eminence Timothy Cardinal Manning. This union was now crashing in violent flames like 2605. I had come to realize that the tremendous pain I was imprisoned by was projecting its madness on those I loved so dearly.

  The anticipation made my skin crawl as I rushed up the stairs of the building leading to Doctor Joe's office. I hit the front door with the weight of my shoulder as I grabbed and turned the knob and was stopped cold. The green wooden door was locked solid.

  “NO!” I crumpled upon the hallway floor and began to weep. “Not the doctor, too? Had he betrayed me also?” I lost any sense of composure as my hatred for this affair gripped me. Antimundo spoke up.

  “I have the solution.” My thoughts turned to entering Terminal 5 at LAX creating a violent scene, the innocent shocked in panic, running in all directions to escape a vengeful madman.

  “That's it boy,” whispered Muerto with great delight.

  “I'm sorry I'm late, Ed.” I was jarred from my demented dream by the voice of the good doctor who came walking down the hallway. “The weather made the traffic miserable. I am glad you waited for me.” I got up and casually followed the portly doctor into his office as if nothing had happened. The hypnosis session he utilized in my medical care that day did dissipate the awful anxiety that plagued me. But shame prevented me from revealing to him the deplorable vision I imagined while waiting for him.

  Heading back to Manhattan Beach I struggled to try to find a solution to this dilemma. There was a real threat of losing my wife and son, and once the cases were settled, possibly my job.

  “Ten confianza en Dios” Reina spoke.

  “Si, mira lo que te paso a ti,” I replied defiantly.

  I was called to the cockpit on the final leg of a 3-day trip.

  “Someone is going to meet you at the gate, Ed,” Captain Jeffers advised me. The mistrust added to displeasure. Did my airline want to make sure I did not rush off to another gate, fleeing once more to my island retreat? The reality was that this was my first impulse. Ackley was indeed waiting patiently when I disembarked. I struggled to remain composed.

  “You are being released from duty until the conclusion of the court proceedings,” Daisy stated. “Get a good night's rest, Eduardo.”

  'Stop pacing and come to bed.” Sofia was frustrated and frightened. “I hope this court thing is not going to make you run away to the jungle again.” The only tangent that did not seem to be affected was the unconditional love of my young son. Cris was what was good about my new life. He was living proof that Death's grip on me was not secure. The young child was hope.

  Chapter XVIII

  I entered the courtroom the following morning with an escort of legal cohort. What the airline wanted was the dim-witted Edmundo. I believed they asked for too much. If it wasn't for the disdain I had for the opposing side I might have finally let loose on someone.

  “A man must do what a man must do, Eduardo,” Jack Mckay stated early on in this journey. He was damn right. My only loyalty was to my wife and child. After all this legal bullshit and mud-slinging was concluded I had no idea what condition I would be in. There was certain to be a mental lashing from the fallen angels. I steadied myself to relive the unbearable.

  Judge Casey entered followed by a sharply dressed lawyer with a briefcase, I tried to catalog my recollections of that terrible day.

  “I am my parents' son.” I had to be truthful. Andrew Jawkins was to sit beside me. Dennis McDonald and the legal assistants took a back seat to this presentation. I imagined what the reaction would be if my learned team viewed the jungle man of the Na Pali entering the courtroom? I laughed. This whole affair really was a circus.

  “Eduardo Valenciana.” The clerk articulated my name correctly, even adding the Spanish accent.

  “Why was it so damn hard for anyone at the airline to pronounce my name?”

  “What?” my murmur concerned Jawkins. I stared right into his bright blue eyes and he smiled. He knew what a fiasco this ordeal was and he was a master at his game. I would be in good hands.

  Andrew Jawkins' face beamed with confidence which calmed me greatly. He was a sly devil and just before the proceedings were about to start he
leaned over to whisper into my ear,

  “By the way, this guy represents that jerk who claimed you were incompetent.” I was surprised that I was not instantly incensed by my counselor's words. Instead his statement strengthened my resolve.

  “You swear to tell the truth the whole truth and nothing but the truth?”

  “Globos, rojo y azul.”

  “Nieve, chocolate.” In my mind the courtroom suddenly became an extension of the carnival on the tarmac that Halloween morning.

  “I do,” I softly responded.

  “You are Eduardo Valenciana?” My antagonist started on a predetermined methodical plan of attack.

  “I was.....I mean I am.” The statement caused my opponent to hesitate as he eyed me intently.

  “Have you ever been arrested, Mr. Valenciana?”

  “In this country or another?” My expression remained austere.

  “Anywhere?” The attorney reflected a hint of annoyance.

  “No!”

  “Do you speak Spanish, Mister Valenciana?” I paused then replied.

  “I was raised in a household where English was the primary language.”

  “What are your parent's names?”

  “Alicia and Reynaldo.” The counselor reflected surprise to my answer.

  “Are you married?”

  “Yes.”

  “What is your wife's name?”

  “Sofia.” the attorney's reaction exhibited confusion.

  “Alicia, Reynaldo and Sofia?” The inquisitor stared at my poker face.

  “Is there a question in there somewhere counselor?” Andrew Jawkins entered the confrontation.

  “Well yeah, with Spanish names like those are we supposed to believe that he does not speak Spanish?” The opposing attorney threw up his arms indicating his displeasure. Judge Casey quickly brought the room to order and instructed my inquisitor to continue. The perturbed man took his time as he reviewed a portion of prepared notes.

  “Where in the aircraft were you sitting upon impact?”

  “Door 4-R!”

  “Did you have any warning that the plane was going to crash?”

  “Yes!” My antagonist was thrown a bone, obviously surprised by my answer. He gazed over at Jawkins who was just as calm and stern as I was. Surprisingly the questioning was continued with caution.

  “Oh? In what way?” I hesitated before answering.

  “Reina Patricia Torres, one of my fellow flight attendants, had maintained and believed that she would be killed in a plane crash, having had these premonitions since childhood. She expressed concern that 2605 was the flight.” The courtroom was overcome with silence. Recalling Reina's premonitions caused further disturbance upon the learned lawyer's methodical plan. The uneasiness it incited caused him to change the subject.

  “You were in the cockpit that night, were you not, Mr. Valenciana?” The cunning man sought to set his trap.

  “I was.”

  “How did you get into the cockpit, Mr. Valenciana?” I took my time, savoring the moment. I then turned to the ruling magistrate.

  “Your honor, I refuse to answer the question.” My nemesis was not happy. How dare this, this flight attendant decline to answer his inquisition.

  “What? What does he mean? What do you mean?” The attorney twisted and turned, gyrating his hips in a swivel, raising his torso in a slight effort to stand only to sit down once more. “You have to answer the question, it’s the law.” The flustered man looked towards Jawkins in hopes that he'd advise his client concerning proper legal protocol. His effort was met with silence, a classic method of stonewalling. Finally Judge Casey calmly intervened.

  “On what grounds do you base your refusal, Mr. Valenciana?”

  “Your Honor, I base my refusal to answer on Section 4.2.7 of the United States Federal Aviation Manual. It states as follows: “No person may have admittance knowledge to the flight deck of an aircraft unless the person is....

  1.) A crew-member.

  2.) An F.A.A. air carrier inspector, or an authorized representative of the National Transportation Safety Board.

  3.) Any person who has the permission of the pilot in command and is specifically authorized by the certificate holder management and by the administrator of the airline.” I hesitated then slowly leaned forward towards my inquisitor. “I don’t believe you qualify for any of those categories, gringo.” The shit hit the fan.

  “It wasn't my airline that caused the death of so many innocent people,” the attorney intoned. I simply sat back and kept my mouth closed. I assumed that the judge had enough brains to accept the fact that anyone who had survived such a vicious ride would have some type of mental imbalance. So, perhaps she would not be so angered by one mishap. My adversary was livid. Jawkins was amused. McDonald was a wreck.

  Order was demanded and the proceedings went on.

  “So, after you entered the cockpit, what did you see or hear, Mr. Valenciana?” I relaxed and breathed deeply. I fixed an image of the serene coast line of the Na Pali in my mind's eye as my body went relaxed.

  “I heard the captain say ‘That’s it,’ then repeat those words.”

  “What else did you hear?” The attorney was repeating himself. Jawkins immediately took advantage of the slight mistake.

  “Look! He said that was it, what part of that answer do you not understand?” The courtroom was again filled with frustration. I chuckled and shook my head recalling how all the lawsuits against the airline mounted to $351,000,000. I pitied these brilliant minds of the law haggling for the plunder. There would be no mention of Reina, Javier, Tamlyn, Gary and all the rest who took the nefarious ride with me. I thought about Ronald Daily and his Hispanic friend to whom I handed over bottles of Bohemia. They had all been so alive, full of promise. This courtroom was merely an assemblage to determine merit and worth. Jawkins stated outright the airline's admittance in accepting all responsibility and the opposing sides were at odds to the final numbers to be put on the checks.

  “Did you ever see any signs that the aircraft was in difficulty?” The questioning became insulting. I lurched forward in my seat.

  “Yeah Einstein, when we hit the F###### building.”

  “That's enough Mr. Valenciana,” the judge would not tolerate my impudence.

  “Isn't it true you by-passed injured passengers while exiting the plane that morning?”

  “No.”

  “Were you not more focused of just trying to save your crew-mates?”

  “No!” I estimated that the attorney's antics would reap his clients a few hundred thousand dollars more by venturing into that direction of questioning.

  “Your Honor, it was not me or my clients that were so careless with the flying public.” It was all such a game. I leaned over towards Jawkins and felt embarrassed.

  “I'm sorry,” I whispered to my adviser.

  “I'm enjoying myself,” he replied with a smile.

  “While in the cockpit did you view anything that was wrong?”

  “Sir, I am not qualified to give an opinion as to what constitutes a problem on a DC-10.” The answer was one of many, a barrage for the ill-intended queries.

  “Look,” Jawkins spoke up. “Do you think we can finish this in a reasonable amount of time? The airline has accepted the cause as ‘pilot error,’ why in the hell are you putting this poor guy through the ringer?”

  “It was your airline and the crew that caused the death of all those innocent people. Your company should not be allowed in the skies with its reckless methods.” The jostling went on and I began to wonder where I'd go from here. All this bickering was pointless. In the end, the checks would be signed and cashed. What would the pay-out to my parents have been if I had died?

  It was obvious that our adversary would get what he wanted in the end. The airline could ill afford a prolonged fight especially with the damage deregulation was already having on the bottom line.

  The proceedings broke up with the promise of another day of continued con
frontation. The company's legal minds escorted me out of the room and into an elevator. As the door closed, one of the younger colleagues said,

  “Great job, Ed!” giving me a slap across my shoulder to emphasize his exhilaration. Jawkins was also delighted, registering a broad smile.

  “Did you see the look on that jackass' face when Ed hit him with that federal regulation bullshit?” The attorneys were elated. Even McDonald looked relaxed in the aftermath.

  “Hey, Ed, did you ever consider becoming a lawyer? I’m sure you can get the airline to pay for your tuition to law school.” I continued to just stare at Jawkins who gave me a slight nod. Somehow that meant so much more to me than all the back-slapping praise from the other legal minds, yet I remained confused. The attorneys seemed to feel that I had devised some sinister plan to derail the opposing attorney when in reality, all I wished was to tell the truth. Jawkins informed me that my testimony had probably saved the insurer and the airline a “hunk of change.” Dedication and loyalty seemed to have been forgotten, and nothing would ever be done to correct the wrongs done to the families of my deceased crew. Their relatives would receive pennies in comparison. The “why” of the accident never materialized during the proceedings.

  I returned to my wife and young child, under the impression that my participation in the legal process was now over. I tried to imagine a period where I could leave the unpleasantness in the past, to fully center my attention on Sofia and Cristiano. I wanted to prove to myself that I could emerge from this terrible mine field which surrounded me. Just a few days after my court appearance the phone rang in our home.

  “Hola Eduardo, este es la Senora Torres.” I glanced down at Cristiano playing joyfully with his mother in the living room. I recognized the absence of such joy in the heart of the dear woman who was on the other end of the phone.

  “Eddy, we need your help.” The tone in her voice concerned me.

  “Senora, como le puedo ayudar.?” We have hired a lawyer. He wishes to file a lawsuit against the airline.” She was joining forces with Becky Devita's mother in seeking answers that were not forthcoming. I truly wanted to reach out to this gentle lady but was hamstrung. I recalled the information my own attorney, David J. Brooks had declared: From a legal standpoint, any employee would have little chance of being awarded with more than the meager amount the insurance policy indicated.