Silent Witness (15 page)

Wilson seemed to choke. Jude tensed and watched his friend critically, determined Wilson would be all right and waited out Wilson's spasm. When it was over Wilson cleared his throat and went on after a quick 'sorry about that'.

''Four other accidents have resulted in law suits. Two were due to improperly made repairs. On top of that, there were fifteen near misses that were a result of operator error, poor maintenance or cost cutting maneuvers.

''Of the two fatalities, the most recent appears to be caused by the rider. In the case of Timothy Wren, the records simply list his death as accidental and assigns no blame.''

Wilson was done for the moment. He breathed rhythmically through his nose, adding a lung filler every now and again as Josie studied the report. Times, dates, specifics on the injuries, ages of those injured, phone numbers and addresses. Many of the victims were children. In those cases, Wilson had listed their parents or guardians, their prognosis and, every once in a while, character studies of the children and speculation on their culpability in the accident.

''This is great stuff,'' Josie murmured then put the paper aside. ''But if all this has happened in the last two years – plus the two fatalities - then why hasn't there been more press attention?''
''Two reasons,'' Jude answered. ''First, you probably didn't pay any attention to the coverage. If there were shark attacks on surfers in Hermosa Beach you'd be all over it, but I'd guess it's been awhile since you've been to a theme park. People pay attention to what's in their sphere of interest.''

Josie inclined her head, ''Point well taken.''

''The other reason is that Pacific Park isn't a news maker,'' Wilson explained, rested now and anxious to be a part of the conversation. ''California has a plethora of choices for those of us who are avowed theme park rats: Knotts Berry Farm, Magic Mount and, naturally, the eight hundred pound gorilla, Disneyland. It's sexier to report on accidents that happen in any one of those places. Pacific Park is oldest, just not as sexy. It's got a loyal following. Attendance is not on the same level as the others, though, nor are the attractions quite so cutting edge.''

''So you're saying the press just didn't cover these accidents?''

''Public relations works two ways, Ms. Bates,'' Wilson cautioned. ''I'm saying Pacific Park did a good job of keeping their problems quiet. But when someone dies the press takes notice. Tim Wren's death was reported, it just didn't have legs. There was no lawsuit. The mother wouldn't talk to the media. But everybody's fighting about the second death. The victim's family wants a lot of money. Since the general public has an insatiable appetite for death or dismemberment, Tim Wren's death was brought back as a side-bar. It made the current story more ghoulish, sold more papers, got better ratings for the broadcast media.''

Wilson shrugged as if to say such is the way of the world and his breathing took on a little flutter of regret.

''But what do we learn from all this? We learn that there are problems at Pacific Park. Looking further into the situation we can infer that the problems can be traced back to the age of their equipment. Maintenance keeps it nicely painted, but Pacific Park buys a lot of their equipment second hand and refurbishes it. Much of it, anyway.''

''You mean their equipment is second rate?'' Josie asked incredulously.

''No, no, no,'' Wilson waved his large hand again, a gesture that was quickly becoming a barometer of how he felt. He was winding down, but he was hanging in there. ''Good stuff, but previously owned. Already used up when it comes to the depreciation schedule. The old man, Isaac Hawkins, he makes sure all those rides are maintained. He's very strict about that. What he doesn't understand is that you can't maintain good enough to account for metal fatigue, wear and tear, ancient designs – yes, the flaws could be in the designs not the actual working parts. I have to wonder if Isaac considers that given the number of mechanical failures on that schedule I gave you.''

''Okay. Great. Thanks. This is something to work with. More than I ever expected.'' Josie included Jude in her gratitude. ''What about their pay out? All of these incidents may not have gone to court but money changed hands.''

''Sure. They had money to burn for a while. Overhead isn't as high as it is on a park that reinvents itself every season,'' Jude explained. ''Pacific Park isn't producing movies and tying in advertising. There are no retail stores, books or videos so they have more of a war chest than most. They settled appropriately and they stayed out of court.''

''But it's not going to last forever. Those pockets aren't as deep as they used to be,'' Wilson reminded him. ''Not at all. Don't even think that. Deep does not mean bottomless. But here's what we must consider. Not many people know about this, but I do. I do because I listen, because knowing everything there is to know about Pacific Park. It is my. . .''

''Life,'' Jude finished for him. Even Jude had a limit of patience for his friend. ''Come on Wilson, tell her or I'm going to drop it.''

''Okay. Okay. Okay,'' he said, ''Here it is. Miss Bates, Pacific Park needs to make Jude's law suit go away because they can't afford the kind of payment they would have to make to Mr. Wren if Jude wins. They will have to settle the most recent fatality and Mr. Wren's action on top of that would push them into bankruptcy. Isaac Hawkins can't have that. He's an old man, this is his legacy and, personally, Isaac is sucking eggs so to speak. He doesn't have time to rebuild if that happens. And, the icing on the cake, Greater United Parks is thinking of acquiring Pacific Park. If lawsuits suck all the dough out, then all Pacific has to sell is old equipment. They won't even have any goodwill left on their balance sheet and Greater United Parks won't want to make a deal. Isaac can't afford to fight two wrongful death suits at the same time. One for the kid who died three months ago is okay. But if they have to deal with the one for a kid who died almost two years ago – a disabled, retarded boy at that - they're ruined.''

''Oh my sweet. . .'' Josie sighed. ''This is good. But it still doesn't explain the tape. There's a video that seems to show my client doing something to the boy's harness. Is that possible, Wilson? Could Archer have unhitched the harness on the Shock & Drop?''

''Yes. Possible.'' He gathered his thoughts and paced himself. ''The Shock & Drop showed up about ninety-seven and it was already ten years old. With that kind of harness it's possible that your client could have pulled the release easy as a car seatbelt. But to make the boy fall, your client would have to intervene somehow. Instinct would make a rider hold on tighter or lean back or something.''

''Maybe not with this kid, Wilson,'' Jude mused.

''But wouldn't there be back up safety measures?'' Josie pressed.

Wilson shook his head.

''That harness wasn't hydraulic. The rider wasn't swinging free, the weight wasn't held at the shoulders. The design is a bad one because it relied on the cooperation of the rider. Tim Wren was standing on a platform, gripping the handholds kept the posture straight. That harness was just holding him back and still. I won't swear, Miss Bates. I won't swear at all that it was possible or not possible for your client to undo the harness until I see the machinery.''

''Then I'll make sure we all take a look at that ride and, this time, you're going through the VIP entrance, Wilson,'' Josie said and asked for the phone.

Wilson pointed her in the right direction. He grinned as she had words with security at Pacific Park. When she hung up Jude was already putting on his jacket and helping Wilson as he struggled to get off his chair. They both stopped when they saw the grim look on Josie's face. Hand still on the receiver, Josie said:

''Forget it. They won't let us in. They refused us permission to look at that damn ride.''

CHAPTER 14

''Have I told you that you look particularly fetching today?''

''And, may I say, you are exceedingly full of it today.''

Josie and Jude walked in lock step toward Department Fifty in the civil courthouse where Judge Carl Smith waited to hear arguments on the motion for inspection that Jude had filed a week earlier.

''Okay, then, have I told you you're brilliant? I think between brilliant and beautiful you really should think about coming to work for me.''

Josie rolled her eyes but took no offense. Jude's flirtations and energy were taken in stride. She no longer wanted to be rid of him, understood his information had cut her prep time in half and she had, in fact, grudgingly come to like him.

''Thank God for the brilliant part or I might just fall for your line, Jude.'' Josie pulled up just before they reached the courtroom. ''You're ready for this, right?''

''Piece of cake, Josie. We expected you to get shot down when you requested an order of inspection from the criminal court. I'm just sorry you thought of skirting the issue in civil court before I did.''

There would be no living with you then,'' Josie put her hand on one of the double doors leading to the courtroom. Jude grabbed the other. She said, ''Let's do it.''

Together they walked into the courtroom only to split off as Josie took a seat in wooden pew behind the bar and Jude stood aside, waiting until the judge finished with the attorney before him. A minute later one unhappy lawyer left the courtroom and Judge Smith turned his attention to Jude.

''Mr. Getts. Always a pleasure.''

''Your honor.'' Jude pushed through the swinging gate offering a deferential nod as he took his place behind the plaintiff's table like he owned it.

''Mr. Hillerman?'' The judge waved the defense attorney up with a papal gesture.

''Here, your honor.''

An older man who wore grey well came forward and had barely settled when Judge Smith began.

''Well, Mr. Getts, I've read your motion and Mr. Hillerman, your response. Naturally, I could give you my thinking straight off, but I'm running ahead of schedule today. So why don't you two lay it out one more time for me – just in case there's anything that I missed.'' Casually Smith sat back, ready to be entertained. ''Tell me a story, counsel.''

''Judge, I represent Colin Wren in a wrongful death suit against Pacific Park and I am simply seeking an order of inspection for the Shock & Drop amusement ride which my client's son was riding at the time of his death. Such an inspection is not only appropriate but critical to my case.''

''Your honor,'' Mr. Hillerman interjected, his voice that of experience and wisdom. ''I'm afraid Mr. Getts is being overly anxious. There is a stay of the civil proceedings pending a resolution of a criminal trial in the matter of Timothy Wren's death. There is absolutely no reason for Mr. Getts to inspect the park's ride at this time. In fact, the issue could possibly be moot. An inspection would be a waste of Mr. Getts's time, as well as Pacific Park's, if the criminal action is resolved in the manner we expect it to be. I would ask the court to remind Mr. Getts that patience is a virtue.''

Jude grinned, happy that this would be more than a formality.

''All true, your honor. This has become a complicated matter except that, as we understand it, the machinery in question is in a storage area that is open to the elements and has been for almost two years. If the criminal matter extends to a year or more, there is no telling how that machinery might further degrade. Should that happen, vital information will be lost to the plaintiff. The worthiness of the machinery is at the very heart of our case.''

''Has the defense attorney in the criminal matter requested an inspection?'' Smith asked of either one of them.

''Yes, your honor but the motion was denied,'' Jude answered. ''In that matter it was ruled that Pacific Park was simply the place where the crime occurred and not the focus of the action as perpetrator of the crime. As such, Pacific Park has the right to refuse entrance to the park and access to the equipment as they see fit. They have refused the defense right of inspection citing privacy concerns and the criminal court agreed. They also stated that the district attorney has all pertinent information in that trial and Pacific Park, as a third party, is under no obligation to be forced to grant inspection by the defense.

''In the civil matter, the victim must be represented
against
the park, not defended from the people. We have a clear right to inspect for defects in that machinery. Moreover, we have the right to do so in a timely manner. Before the criminal matter was established, Pacific Park was less than forthcoming with information that might affect the representation of my client and had been cited for contempt. . .''

''Your honor, that judgment was reversed when Judge Benson realized that we were only doing our best to assist the district attorney in a very delicate criminal investigation,'' Mr. Hillerman objected.

''And that, Mr. Hillerman, has no bearing on my decision here today,'' Judge Smith reminded him.

''Then, judge,'' Hillerman went on, not to be put off so easily, ''consider this. To hold Pacific Park to civil discovery standards makes no sense because we are not talking about an accident. Mr. Getts is effectively out of a job since Tim Wren was murdered.''

Judge Smith held up his hand.

''As the contempt citation has no bearing here, neither does the criminal action, Mr. Hillerman. Murder has not been proven, only alleged. In fact, it's my understanding no one has been arraigned for the crime of murder after any factual finding. Until there is a trial and a conviction, no one really knows what we are talking about.'' The judge paused. He thought. He crossed his arms on the bench and inspected his wedding ring as if that gave him inspiration. Looking up, Judge Smith said:

''I respect the stay in terms of Mr. Getts getting his wrongful death matter heard, but I also know that the criminal outcome is not a foregone conclusion. Mr. Getts may very well be back on the docket tomorrow for all I know. So, in the matter before this court, I see no reason not to allow Mr. Getts and his team into the park to inspect the machinery in question.''

With that, Judge Smith, neatened a stack of papers and handed it to his clerk as he wrapped up his findings.