James Huston - Marine One

I sat down and leaned back in my chair. "That's what I would expect when their first two witnesses are the most sympathetic witnesses in the world. Look, I know what I'm doing, Kathryn. I just can't change the facts. This case is just getting under way. I can see the stress on your face. I know the press hates us, they think I'm outmatched, you're answering to London, I get it. But you can't panic on me now."

"I am not panicking. But I do want to tweak things a little. Instead of Mark being a passive attorney on the pleadings but not in the courtroom, I've asked him to sit at counsel table during the trial, to take some witnesses, change the feel of things a little."

I couldn't believe my ears. "What?"

"He's been associate counsel since the case was filed. He's just never done anything in court. But he can and I'm asking him to do it now. He has copies of all the expert depositions and has prepared cross-examination outlines of all the plaintiffs' witnesses, including the experts. I'd like him to do those cross-examinations and to also perhaps do the closing arguments, we'll see about that. But I want him involved and I want him at counsel table."

"Do not do this, Kathryn. It's going to look like desperation to the jury, and to the press. It's going to look like you're cutting my legs out from under me."

"I'm propping you up , not cutting your legs out from under you. We've got to make some changes here, Mike, because we're going down."

I was so pissed I couldn't even speak for a minute. This was exactly what we shouldn't do. "This isn't coming from you, is it?"

"That doesn't matter."

I stood. "It does to me. Is this from you?"

"I agree with it."

"It's London, isn't it? They're over there on Lime Street watching the legal experts on television and panicking. Did they call you at the end of this morning's session?"

"I talk to them at the end of every session, so, yes, they did call. But this is what we're going to do."

I tossed my pen onto the table. "Whatever you say."

She could tell I was peeved. "Well, do you have a plan, Mike? A plan to get us from here to the end of the trial with something to tell the jury?"

"Our experts are still busting their asses, and you know that. I expected to hear from Wayne Bradley this morning, but he's gone radio silent. I also expected to hear from Curtis, but I haven't yet. He's trying to find the witness Tinny was supposed to give me, but Tinny got murdered. So we're stuck. There's just lot of weird stuff going on right now, Kathryn, and I'm not really sure what's happening."

"Well," Kathryn said, still annoyed, "if you don't start laying this out soon, then Mark will have to take the lead and finish the trial."

I didn't even want to be having the conversation. "I need to go prepare for this afternoon's witnesses."

Kathryn wasn't about to let me sting her. "The next two witnesses are Hackett's experts. Mark will be handling those."

I thought Rachel was going to come out of her skin.

I turned toward Brightman reluctantly. He had a notebook perfectly prepared with outlines for each expert witness. He had his hands folded on top of it. I asked him, "You need anything from me?"

"No, I prepared cross-examinations in case I was called on to do them."

I stood up and Rachel followed me.

THE AFTERNOON DRAGGED on forever. When Brightman sat at the counsel table on the other side of Rachel, a lot of whispering and scratching of pencils came from the journalists. He had never appeared at any proceeding before, although his name was on the pleadings. The legal press wondered whether I was being elbowed out of the way in the middle of trial. They loved the reputation drama that surrounded every major trial. I sat there dutifully taking notes like a cub associate as Hackett put on two expert witnesses that afternoon: his economist, who testified about the president's likely career earnings, and his accident reconstructionist. Hackett was being smart. First build the sympathy with the widows, then show the jury the value, then you explain the liability. Easy stuff first. Brightman's cross-examinations were fine. The reconstructionist did as expected and essentially recited the preliminary NTSB report, adopting their conclusions and performing retests or identical analysis where necessary to be able to testify about it. He was polished and left the jury believing everything he said was correct.

We went back to our large conference room at the end of the day. The power had shifted to Brightman. He was fielding all the questions, telling everyone how he was going to handle the next day's witnesses.

I interjected into the discussion, "Kathryn, one thing we might consider is a settlement offer."

She was shocked. "We're at the absolute nadir of our case; you think now's the time to approach them?"

I nodded. "We need to get the conversation started."

Brightman shook his head. "I couldn't disagree more. I'd suggest we motor through this. If they want to try to come after us for punitive damages, maybe that would be the time to approach Hackett. Then we'll-"

"No, you don't get it. We found one of the tip weights."

The room want completely silent. "What?" Kathryn stared at me, looking betrayed. "When? When were you going to tell me?"

"Couple of weeks ago. Went up in the tree. There was a tip weight embedded in the branch. Half of a tip weight. It had fractured."

"Meaning it failed and caused the accident?"

Brightman was speechless. "You started this trial knowing there was critical evidence against us… and didn't tell the other side or the court? Are you kidding me? Is that your fourth theory? It's all our fault and we're screwed?"

Kathryn looked pale. "What are you doing, Mike? This could get you sanctioned. The court could enter judgment against WorldCopter for this alone."

"I thought I'd hear from Bradley. I asked him to run some additional tests on it before we turned it over. Nothing destructive. I just can't get ahold of him. I'm afraid for him, with what happened to Tinny. So I thought we should approach Hackett now, with him thinking we just don't like the evidence. Once he gets wind of this broken tip weight, he'll never settle."

Kathryn slouched in her chair, rested her head against the wall with her eyes closed, and said, "Call Hackett."

I dialed the hotel where Hackett was staying, where he had leased one of the ballrooms as his "war room." It was probably as much square footage as my whole office building. I asked for Hackett's ballroom. One of Hackett's associates picked up the phone.

"Hi, this is Mike Nolan. Is Tom Hackett there please?"

"Mike Nolan?"

"Right."

"Um, yeah. Hold on one second." I heard his hand go over the receiver. Kathryn indicated to me to put it on speakerphone, which I did. Hackett came on the line.

"This is Tom Hackett, is that you, Mike?"

"Good evening, Tom, yes, it is."

There was a pause. "You've got me on the speakerphone. Is there anyone else in the room listening to this?"

"Yes. That's why you're on speakerphone. I want them to hear you."

"Please tell me the name of everybody in the room or this conversation is over."

I rolled my eyes, then went around the room and told him everyone who was there.

He said, "An august group. I am honored. What can I do for you?"

"When you and I last spoke on the telephone, we had discussed settlement. I wondered if you had any interest in further discussions."

"Are you serious?"

"Quite."

"So let me get this right. I made a settlement demand at the outset of this case for one billion dollars. You rejected that and essentially told me I was out of my mind. That's fine. I can live with that. But now, after you've had your head handed to you in jury selection, the first few witnesses, and the experts, you come asking to talk settlement?"