Where Darkness Resides, page 13
“The parties have agreed to call the defendants’ traffic engineering expert, Dr. Andrew Kominski, out of order. There is a scheduling conflict Mr. Clarkson is willing to accommodate. Dr. Kominski also has a trial in Florida where he’s scheduled to testify on the same day we intended on calling him as a witness in this trial, your honor. We apologize for the oversight but had no idea of the double-booking until last night,” Marissa explained.
“Counsel, do you agree?” the judge questioned Doug Clarkson to ascertain if he actually consented on behalf of the Hernandezes.
“Yes, we agree. John and Marissa have always accommodated us, your honor, and we’re happy to return the favor,” he responded hoping to score points with the judge for his personal satisfaction.
“Because counsel are in agreement, you may proceed,” the judge declared.
After letting the jury know Dr. Kominski was testifying out of order and after the bailiff administered the oath to the witness, Marissa proceeded to ask him questions.
“Good afternoon, Dr. Kominski. Can you explain to the jury your educational background?” she asked.
“I’ve earned a Doctor of Philosophy in civil engineering from Rice University. I am a registered professional civil engineer in Arizona, a certified professional traffic operation engineer, and an accredited traffic accident reconstructionist.”
The jury was impressed by his credentials but wondered if he was just another paid expert. Given his experience, some jurors were open-minded and willing to listen to what he was going to say.
“What is traffic engineering?”
Turning to the jury, Dr. Kominski said, “Traffic engineering is a branch of civil engineering. The discipline uses engineering techniques to achieve various goals, for example, the safe and efficient movement of people and goods on roadways. As a traffic engineer, I research the safe and efficient flow of traffic which can include road geometry, sidewalks and crosswalks, and traffic signs and lights. It can also include researching road surface markings.”
“Although you are also an accident reconstructionist, what is your role today?”
“I’m only here to testify as a traffic engineer, but I believe my understanding of accident reconstruction helps me to understand all components of a case before rendering an opinion.”
“And you were retained by my office as an expert for the Weavers, correct?”
“Yes, I was.”
“What was the scope of your retention as a traffic engineer?”
“I was asked to use my education, training, and experience and apply the analytical techniques and principles of transportation engineering and statistics to evaluate the factors that contributed to the subject accident.”
“How did you arrive at your opinions?”
“I reviewed materials provided by your office. I did a site inspection. After reviewing my site inspection, I performed an analysis and formed my opinions.”
“Did you review any engineering plans for the site?”
“Yes, I did. I obtained them from the city. I also understand that the plaintiffs’ expert had a copy of the plans. When I reviewed his file, they were in there as well. So it wasn’t something I needed to do but it worked out in the end.”
The witness seemed pleased with himself although the jury not so much.
“You mentioned going to the site. What did you do at the site?” Marissa asked hoping to regain the jury’s attention.
“I took photos. I used a drone to take videos of the site and I also took measurements.”
An aerial photograph of the accident site was displayed on all of the monitors in the courtroom.
“Doctor, could you please confirm the photograph on the monitor shows the area where you observed the beginning of the lane shift?”
“Yes, it is.”
Dr. Kominski used the digital pen associated with his monitor on the witness stand to circle that part of the photograph where the lane shift was so the jury could see what he was referring to.
He continued, “Traveling westbound on Scottsdale Road the roadway shifts approximately five feet for a distance of approximately one hundred and fifty feet. The shift is not unusual in the transportation field and can be encountered at other roadways within the greater Phoenix metropolitan area.”
“Did you locate the gouge mark that was made by Mr. Hernandez’s vehicle?”
“Yes, I did.”
He encircled the gouge mark on the photograph and drew an arrow towards it making it easier to detect.
“After reviewing all the materials provided including the engineering plans and after doing a site inspection, can you tell the jury your opinions?”
“Yes. Assuming Mr. Weaver was traveling in the middle of his lane of travel, even if he had not steered and instead continued straight, his vehicle would not have entered the middle lane even with the design shift. There would have been at least fourteen inches between the shuttle van and the middle lane where Mr. Hernandez’s Lexus was traveling in.”
“Thank you, doctor. Can you explain to the jury what your opinion means?”
“Absolutely. It means Mr. Weaver didn’t drift into Mr. Hernandez’s lane of travel. It also means Mr. Hernandez didn’t inadvertently drift into the far left lane. Given the location of the gouge mark, the only way this accident could have occurred is if Mr. Hernandez intentionally entered into Mr. Weaver’s lane.”
“Are you certain of that?”
“Yes, I am. My opinions are provided to a reasonable degree of engineering certainty.”
25 RENEWAL
Phoenix, Arizona
Later That Early Evening
As Marissa walked outside the Mendoza law firm towards the elevator bay, Carl rushed out after her.
“Hey, Marissa. Wait up,” he said as he lugged his briefcase over his shoulder. He grabbed it tighter so he could walk faster to catch up to her.
Marissa was determined to get away, away from the office and the memory of that day. Carl wondered why. Before the elevator doors closed, Carl put his right hand in between them so the doors would automatically open as part of the safety feature.
Seeing Marissa facing toward him, unfazed and deep in concentration, Carl asked, “Didn’t you hear me? What’s wrong Marissa?”
Once the elevator doors slammed closed, it was as if Marissa snapped out of a hypnotic trance. Her stony smile upset Carl.
“Are you mad at me?” he inquired, unsure of the rationale behind her perplexing demeanor.
“No, no.”
Her first words broke her eerie silence. She was certainly transfixed by something. Carl wanted to get to the bottom of it.
“Then what is it? I’ve been calling you since you left your office. I have…”
“It’s not you, Carl,” she reluctantly admitted.
He backed off once he heard her voice break. Obviously, something more serious was affecting her and he decided not to take it personally anymore.
“It’s just that…John…I…,” Marissa uncharacteristically stammered.
She took a deep breath as the elevator doors opened on the first floor of the building. She quickly exited and walked towards the front door almost as if she wanted to escape from the interrogation. The rotunda was darker than normal because the sun set earlier in the day at that time of year. Carl followed after her. This time without saying a word. Realizing no one was around or more importantly not caring if anyone was around, Marissa suddenly stopped and faced Carl.
“I’m so mad. I can’t believe him. He was so aggressive…too aggressive. I don’t know if we can recover.”
Carl listened attentively, not wanting to interrupt her, which would have only discouraged Marissa from sharing what was on her mind. It was unlike her to hold back. They’d been friends for years and there had never been secrets between them. He wondered if John had taken his infatuation with Marissa too far.
Once he realized she wasn’t going to say anything more, he asked, “What do you mean by recover?”
She shook her head in frustration.
“The jury was so mad at him…at us now. I saw their stares at John…at me. Some jurors were crossing their arms tightly in disgust. Others squinted their eyes just wanting it to stop. I wanted it to stop myself,” she admitted. “But I couldn’t do anything.”
“Wow, what did he do?”
“He was asking the wife about what she saw at the accident scene. Her husband’s dead. The poor lady is broken and suffering from the loss of her husband and John was just focused on whether she saw his lifeless body or not.”
“Oh no.”
The words just unconsciously escaped Carl’s mouth. He regretted them after realizing it. He didn’t want to make things worse for Marissa.
“You’re telling me,” she said after hearing them. “The jury doesn’t care about those things. They just saw John as being spiteful. Now they’re against us. It’s all my fault. All my fault.”
“It’s not your fault, Marissa,” Carl said reassuringly. “You did nothing wrong.”
“I shouldn’t have spent the weekend with my family. I should have questioned the wife myself. At least, the jury wouldn’t have felt like a man was attacking a woman on the stand. I would have been more professional, and I wouldn’t have asked all of those stupid questions that just upset the wife and the jury.”
“I don’t know what to say. Have you talked to John about it? Has he explained why he focused so much on those questions?”
Seeing the look in her eyes, Carl understood she was too riled up to have spoken to John sooner.
“Well, you need to go home, relax, eat, and when you’re feeling better, give John a call. I’m sure he’ll listen to reason. He’ll explain it to you if you let him.”
Marissa took another deep breath and nodded as Carl shared his thoughts on the situation. She appreciated his willingness to calm her down and bring her off the ledge.
“I will,” she affirmed, still trying to convince herself it was the right thing to do.
“If he’s wrong, God knows he may be, he’ll listen to you and the two of you can come up with a way to fix it. I’m sure you will.”
A smile finally graced Marissa’s face.
“So what did you want?” she asked after finally realizing there was a reason Carl wanted to talk to her after all which had nothing to do with her trial apparently.
Feeling awkward someone might come down the elevator, see them in the rotunda, and overhear a personal conversation, Carl motioned towards the front door of the office building. He walked further into the rotunda. Marissa got the hint and followed him.
Once they were out the double doors and walking towards the parking garage, Carl said, “I know this is going to sound crazy, but I just needed your advice.”
Marissa became more interested.
“I finally did it.”
Marissa’s eyebrows furled in confusion. Upon seeing her facial expression, Carl realized he wasn’t being clear enough.
“I asked Samantha to marry me again.”
“You’re joking.” After seeing the disappointment on Carl’s face, she added, “You’re really serious. I can’t believe it to be honest with you. It’s unexpected.”
“I know. But things between Samantha and I have gotten a lot better. Better than I expected. I realize I truly love her. I really do.”
He hoped his profession of love towards his ex-wife would convince Marissa he was sincere.
“But is she ready to accept your love? It’s been a hard road. The two of you both made mistakes but, to be honest, Carl, you really are the one to blame. You made a huge mistake with all those…those affairs.”
Marissa tried desperately to hide her disgust and disappointment with Carl at that moment. But over the years of their friendship, when they discussed his marriage and the divorce, Marissa repeatedly made it clear how she felt about his actions. Tonight, she didn’t need to remind him.
“Yeah, I know that. I’ve owned up to my mistakes and have taken responsibility for them,” he admitted.
“But it’s not easy for a woman to forgive one infidelity.”
Her voice peaked when saying “one” to emphasize there was more than one in this instance.
“Is she truly healed from all the pain and hurt from the marriage…from the divorce? To be honest with you, Carl, if I was in her position, I wouldn’t be. It would take years to forgive you and trust you again. I don’t know if any woman would.”
Carl hung on to every word Marissa said. Although he knew she’d never been married, Carl also knew Marissa suffered through relationships where there was infidelity. She was speaking from first-hand experience.
“I would have given her more time,” she added.
“I know, now,” he admitted as he processed Marissa’s advice. “I was just so excited to express my love for her I didn’t think about it. I should have spoken to you or my mom before I asked her to marry me again.”
His voice tapered off at the realization.
Not wanting to focus on the negative, Marissa asked, “What did Samantha say when you proposed?”
Perhaps she was wrong, and Carl had good news to convey but she doubted it.
“She stopped me from proposing which took me off guard. I was going to insist but I could see it in her eyes. She told me she didn’t know whether she could ever marry anyone let alone marry me again. She didn’t say ‘no.’ She said she wanted to think about it. But I know if she wanted to marry me, she would have let me propose.”
Carl wanted to let Marissa know how he planned the proposal, picked a romantic restaurant, and a lovely engagement ring. Given Marissa’s previous comments, he knew it wasn’t appropriate or relevant to their discussion.
“I’m not surprised she reacted that way. But don’t be too discouraged. You guys are still living together and trying to work it out. Who knows? Maybe they’ll be a wedding in the future.”
After Carl gave Marissa a sober smile, he told her goodbye and drove off in his car.
26 REALIZATION
An Undisclosed Location in Puerto Rico
The Same Night
Daniel awoke in extreme pain. Every part of his body was bruised and sore. Even his neck was sore from leaning on its side while awkwardly slumped on the chair restraining him. He had no idea how long he was unconscious. Righting his head, he was still unable to see his surroundings because he was still blindfolded. He had difficulty breathing and wasn’t sure if the captors cracked his ribs from their repeated beatings. Certain his lungs hadn’t collapsed from a puncture, Daniel was relieved he had only bruised ribs. He struggled to twist his body so he could sit up straight in the chair. The movement was grueling and caused excruciating pain.
Despite the unending distress to his body, he wanted to know what happened since the last encounter with the captors. He couldn’t hear them in the other room but wasn’t sure if the ringing in his ears was the reason or if they had left them unattended again.
Did the guy tell them where the money was? Maybe they’re looking for the money in the right place now? he thought.
Daniel had his doubts given the other captive’s resiliency and unwillingness to cooperate. He listened for the other captive in the room and could hear a faint noise. It almost sounded like moaning. Uncertain if the captive was beaten senseless like he was while unconscious, Daniel wondered if the captive was awake.
Can he hear me?
Daniel wasn’t sure if it was a hopeless endeavor to communicate with the other captive given his previous unsuccessful attempts to partner with him.
Before he could say anything, he heard a chair moving from across the room. Because no one had entered the room, Daniel concluded the other captive was still alive and conscious at the very least. Whether the captive was badly beaten or able to assist Daniel, he did not know.
Then Daniel heard the captive whispering. He listened very closely to figure out what was said. From what Daniel could discern, it sounded like the captive was talking to himself, encouraging himself to be strong, and reassuring himself his father’s men would rescue him.
Who is he? Who is his father? Will they rescue me too or will I…, Daniel thought before stopping himself.
The picture of a shallow grave filled his head. He worked diligently to rid himself of negative thoughts. He needed to survive and not let his fears get the best of him.
Focus. I need to focus. If I know who he is, maybe it will make sense and I can figure out how to get out of here.
Never seeing the man’s face made it difficult for Daniel to know for certain who was the other captive. Daniel concentrated hard on what little information he knew. The only thing Daniel remembered from the beatings besides the pain was the captive yelling, “I don’t know that puto!!”
He smiled at the captive’s derogatory description of him and his defiance. Once his temporary amusement subsided, Daniel realized the captive’s voice seemed familiar. He must have heard it before, but he couldn’t picture when or where.
Was he an employee at the Regal Isabela? Daniel wondered.
It didn’t make sense that the captive was an employee.
What would a hotel employee be doing staying in a casita? he asked himself.
He remembered Gerald Ravan telling him years ago employees were not allowed to patronize any Regal Wisteria hotels even after they left the employ of the company.
Surely, Gerald would have enforced company policy, especially during a celebration when he was present. It can’t be an employee. He has to be a guest. Was he there for the celebrations or just on vacation?
Searching his mind’s eye, Daniel wondered if he’d met the captive at one of the celebrations he and Pamela attended. He pictured walking into the hotel lobby but could not remember hearing someone with a similar voice. He pictured the female bomba dancers entertaining everyone near the resort’s outdoor restaurant. So many couples were at the event enjoying it. All the men were mesmerized by the swaying of their bodies and their flamboyant, traditional dresses. Daniel remembered staring at the men as they reacted in a way not to upset their partners.
