Where Darkness Resides, page 7
“That’s correct. Instead of the lane continuing straight going westbound, the lane lines shift to the left at some point. If the driver isn’t paying attention to how the lane shifts, they continue driving straight into the middle lane. If the driver is paying attention, then they steer to the left and stay in their own lane.”
Again, Mr. McDowell turned to the jury when testifying. This time he used both hands to demonstrate how the vehicle travels straight or veers to the left. The jury paid attention during this basic demonstration.
“Thank you for that description, Mr. McDowell. And it’s your contention that Mr. Weaver wasn’t paying attention and drifted into Mr. Hernandez’s lane, correct?”
“That’s correct. He drifted into Mr. Hernandez’s lane because of the offset.”
“You didn’t measure the offset at the point of the initial impact, correct?”
“No, I did not.”
John turned his head to again instruct the paralegal to switch to a different page in the deposition transcript. When she turned to the appropriate page, he continued.
“According to your deposition testimony, you have no disagreement with Mr. Richardson’s finding that at the initial point of impact the lateral offset is only six inches, correct?”
“Correct.”
“And you still have no disagreement with Mr. Richardson’s calculation as you sit here today and testify before the jury, correct?”
“No, I do not.”
“You failed to mention in your report that the offset was only six inches at the initial impact, correct?”
“Yes. I didn’t think it was important to mention.”
“So, it wasn’t important to mention?”
Clearly taken aback by his previous answer, Mr. McDowell fumbled for an appropriate response. “It wasn’t my job to measure the offset at the point of impact.”
“Whose job was it?”
“The traffic design engineer retained by plaintiffs’ counsel. I believe his name is Mr. Sineda. Robert Sineda.”
“You’ve read Mr. Sineda’s report, correct?”
“Yes, I did.”
“His report discusses the lateral offset on Camelback Road, correct?”
“I believe it does.”
“His report failed to mention that the offset is only six inches at the initial impact, correct?”
“I…I need to double-check his report to answer the question. Is it okay if I review it?”
“Please do.”
Mr. McDowell checked his expert binder, found Mr. Sineda’s report, and reviewed it. After flipping through the report several times, he answered, “No, it does not.”
This time he did not look toward the jury while answering.
“Your opinion is that when the shuttle bus hits the convertible, the convertible spins to the right, correct?”
“Yes, it is.”
“You agree with Mr. Richardson that Mr. Weaver’s shuttle bus acts as a fence, but you only agree that it acts like a fence only if Mr. Weaver’s vehicle doesn’t enter into the middle lane correct?”
“That’s correct.”
“Well, you can't have the shuttle bus at the same position on the roadway as the gouge mark. The shuttle bus would have to be further over because the convertible has to spin to the right before it goes into the left lane and makes the gouge mark. So the convertible would have to be in a position where it's further left of that gouge mark, correct?
“Correct.”
“You believe Mr. Weaver’s shuttle bus would have to be further left of the gouge mark in order for the convertible to make the gouge at that location if Mr. Hernandez enters his lane, correct?”
“Correct.”
John asked the paralegal to display an aerial view of the accident scene before proceeding with the next questions. He used a laser pointer to highlight certain areas of the photo.
“How wide is the lane?”
“The lane is about eleven feet. That’s the standard width of lanes throughout the country.”
“How wide is the shuttle bus?
“It’s about eight feet and four inches.”
“How wide is Mr. Hernandez’s convertible?”
“Six feet.”
“If Mr. Weaver is traveling in the middle of his lane, how much distance is between the shuttle bus and the dashed line?”
John walked to the large monitor facing the jury and pointed to the middle of the lane. The jurors took their eyes off Mr. McDowell and looked at John while he posed his questions.
“About one foot on each side,” Mr. McDowell answered.
“If Mr. Weaver is traveling on the left side of his lane, how much distance is between the shuttle bus and the dashed line?”
“Almost three feet.”
“So there is plenty of room between the shuttle bus and the Lexus?”
“Yes, there’s room.”
John walked back to the lectern.
“You’re assuming that Mr. Weaver was hugging the right side of the left lane even though he was aware that Mr. Hernandez was in the middle lane, correct?
“That’s the likely scenario.”
“There wasn’t any testimony from Mr. Weaver that he was hugging the right side of the lane, correct?”
“No, there wasn’t.”
“Mr. Hernandez could have purposefully entered the left lane and not know Mr. Weaver’s shuttle bus was present?”
“That’s a possibility.”
“Mr. Weaver could be in his blind spot, correct?”
“That’s a possibility.”
“I have no further questions, your honor,” John declared.
12 RETURN
Isabela, Puerto Rico
The Same Day
The hospitality phone in casita number seven rang and rang. Before it went to voicemail, Daniel Mendoza walked inside and answered it.
“Hello.”
“Buenas tardes, Mr. Mendoza. This is the front desk. I would like to talk to Pamela Williams. Is she there?”
“Hold on. Let me get her.”
Daniel walked to the terrace where Pamela lay on the chaise lounge. She was obviously deep in thought and not enjoying the lovely views of the Atlantic Ocean. Oblivious to his presence, Pamela began murmuring to herself. Not wanting to invade her private thoughts, Daniel quickly interrupted her.
“Hey, Pam.”
She took a deep breath before turning towards him as if she suspected something was out of the ordinary. Daniel looked at her with an air of concern even though he had no idea of the purpose of the call. He kneeled beside her near the chaise lounge hoping this would disarm her.
“The front desk is on the phone. They are asking for you. I can tell them to call back later if that’s what you want.”
A part of him wanted it too.
“No. No. I’m okay.”
Pamela walked inside the casita and grabbed the phone.
“Hello. Who am I speaking to?” she asked while watching Daniel through the open doors. He was relaxing and sipping a beverage. She was pleased he was distracted and not paying attention to her.
“Ms. Williams, Mr. Ravan would like to meet you as soon as possible. We have a golf cart waiting in front of your casita. Please go outside and the driver will take you to his location,” the employee instructed and then hung up the phone.
She hesitated for a moment considering whether to go back to the terrace and let Daniel know she would be gone. Instead, she went outside and got into the golf cart. The driver didn’t even acknowledge her. He simply drove to a remote location of the resort still overlooking the ocean. Pamela exited the golf cart and it drove off.
Gerald Ravan was in resort wear, unlike the business attire he normally wears. Shades covered his eyes. He obviously came from a recent, festive activity but he wasn’t in a celebratory mood. His demeanor gave off a vibe of deep concern.
“I love this view,” he softly declared, wanting to lighten his mood. He walked a little closer to the edge of the cliff, subtly beckoning Pamela to follow him. She did. “The Caribbean is a place I rarely visit.” He closed his eyes and let the breeze engulf him. “It’s refreshing. Isn’t it?” He didn’t wait for a response. “I should come here more often.” Taking a few more steps, Gerald continued, “I have some bad news, Pam. I wanted to deliver it to you in person.”
She looked intently at him half-expecting what he was going to say but also wondering if his presence had anything to do with her investigation of the kidnapped guest.
“Your father is in the ICU. The doctors think he may have had a heart attack, but they aren’t sure. They’re running tests now.”
He glanced over at her. Silent tears tracked down her cheeks although she had a stoic reaction to his unsettling words. Knowing she would not outwardly express her concern, he walked toward her and embraced her. The tightness in Pamela’s body released as if her worries dissipated with the strong winds and escaped into the vastness of the ocean.
“It will be okay,” Gerald reassured her. “Gavin’s been asking for you. He wants you with him. My private jet is at the airport and is ready to take you back to Arizona.”
One of Gerald’s personal bodyguards wearing a black suit and mirrored aviator glasses approached them.
“We are ready, Mr. Ravan,” he said.
“Thank you,” he told the bodyguard. Turning to Pamela, Gerald said, “Please go with my bodyguard. He will drive you to the airport.”
Pamela looked up. She saw a black Escalade on the same road she’d seen earlier on the video feed in the security room. She climbed into the Escalade after the bodyguard opened the rear passenger door and then waived goodbye to Gerald.
Gerald watched as the Escalade drove away.
As the Escalade drove eastbound towards the airport, Pamela called Daniel’s cell phone to let him know the situation.
“Hey. It’s me.”
He looked around the terrace, thinking she was playing some trick on him like she always did.
“Sorry, but I had to leave. Something came up,” she explained.
“Is it about your father?” Daniel worriedly asked.
“Yes. He’s in the hospital. I’m on my way there right now.”
Daniel hadn’t realized she had left the casita. He felt guilty for not personally seeing her off.
“I’m so sorry. I can be on the next flight back, but I have something to do tonight for the anniversary celebrations.”
“No worries. Get here if you can, but if not, I understand. I know you are a guest at the request of the resort. I’m sure they have a lot of things planned for you. I’ll still be here.”
“I’ll be there. I promise.”
Pamela was pleased with his commitment. It was unexpected but needed given the circumstances. She hung up the phone and dialed Virginia at her private investigators’ agency.
Although generally concerned about Pamela’s father’s well-being, Daniel was also worried for Pamela. The stress of the past year showed on her face. She denied it and pretended everything was okay. But Daniel knew better. He thought this week in Puerto Rico would be good for both of them. Not just to have a soirée at his client’s expense but also to relax and get away from the stress of work. The kidnapping complicated things and returned Pamela to her investigatory mode rather than the vacation mode she desperately needed. Daniel couldn’t deny he was also consumed by the investigation even though he desperately needed relaxation. Now that Pamela was gone and preoccupied with her father, he could drop the investigation and just relax.
Well, not completely, he thought. If there is a new lead, I’ll start the investigation again.
His self-reassurance made the decision to focus on enjoying himself more palatable.
I’m sure Pamela will understand.
Daniel settled into the chaise lounge, took a sip of his beverage, closed his eyes, and allowed the smell of the ocean to sustain him.
An individual watched in his binoculars as Pamela drove off in the golf cart. He saw her enter the Escalade and then high-tailed it back to casita number eight. From that casita, he stealthily watched Daniel relaxing on the terrace. Startled by the ring of his cell phone, he quickly answered.
“Yes, boss. There’s only one left. The male.”
13 MEMORIES
Phoenix, Arizona
Early The Next Day
Pamela sat in the ICU room watching her father sleep. He was exhausted and she didn’t want to wake him, having arrived so early in the morning on the private flight from Puerto Rico. The call nurse informed her his doctor would be in but around eight a.m. She had plenty of rest on the flight and was now too anxious to sit and do nothing for the next few hours before the doctor arrived.
She wistfully smiled while staring at him. Memories of her father swirled in her head. The first time he took her to the dojo to learn Aikido as a child. Making pancakes for Mother’s Day. An Aikido tournament in Tokyo where she witnessed her father win. His win inspired her all the more to train and become excellent. Funerals of his special ops buddies who he honored and missed. Times when he was drunk beyond measure and sulking in the corner with a bottle of booze and filled with self-pity. She never knew why and never bothered to find out. When her mother loaded the three kids into the car and drove away from the family home as her father watched and then slammed the door when he went back into the house. She assumed he binge drank all night and slept all day after a drunken stupor.
Pamela welcomed the memories but at the same time dreaded them because the pain resurfaced. She thought she had washed it all away with all of the endless nights of self-reflection and discipline through her martial arts. Apparently, she hadn’t. Long ago, as a teenager, she’d forgiven her father. They renewed their relationship and were now closer than ever before.
She couldn’t understand why she was angry at him now. He hadn’t done anything to really upset her in a decade or more. Maybe it was the illness she was really angry at? Seeing him wasting away at times, and then mysteriously bouncing back was an emotional rollercoaster she was willing to endure for the sake of her father. She knew it was a fatal illness, but she hoped and prayed a miracle cure would come. These conflicting thoughts must have made her angry at him. She reassured herself it was a normal part of the grieving process.
Dr. Thamm warned her of the stages of the disease. She knew them very well. Perhaps too well and it was consuming her as she saw her father progress slowly but steadily from stage one to stage two. She feared the future stages and what it would mean for her father and their relationship. She was afraid of losing him like she lost her mother already. She realized if her father died, all she had left was her sister, Milagros. Her brother, Cameron, was estranged from the family. Nothing she did repaired her relationship with Cameron. So she stopped trying.
He’s dead to me, she remembered saying the last time they fought, and he stormed off.
When she arrived at the hospital, she expected Cameron to be there even though she hadn’t spoken to him about spending time with their father like she’d promised. Cameron wasn’t at the hospital. She had mixed feelings about that. Avoiding any confrontation with him was welcomed. But realizing he was not by their father’s side angered her. Where was he? She imagined him partying and avoiding responsibilities like he always did. Why was he back if not to see their father? Why wasn’t he at the hospital like she was? The answers eluded her.
The door to the hospital room opened. Pamela expected Cameron to walk in. But it was Dr. Thamm.
“Good morning, Pam. It’s nice to see you. I’m glad you could make it,” he announced as he hugged her.
“Thank you, doctor.”
“Gavin’s been asking for you. He’ll be happy to see you.”
Dr. Thamm walked closer to the bed, checked the IV monitor, and glanced at his patient. Pamela quietly observed him. She’d seen the nurses do the same procedure throughout the hours she’d been in the hospital room. But knowing Dr. Thamm was there brought her comfort.
“He’s doing a lot better,” he added. “Heart attacks are an expected side effect of the disease. The good thing is that this was a mild one. He may need to be here for a few days before we can discharge him. We can also put him on an antiplatelet to reduce his chances of having a heart attack in the future. I’ve already written a prescription which he can take with him once he’s discharged.”
Pamela smiled and gently nodded in response. She wanted to say “thank you” but the words were caught in her throat. Dr. Thamm understood, squeezed her hand, and exited the room so she could be alone with her father.
When the nurses came in to attend to her father, Pamela walked out of the hospital room into the hallway and then into the foyer where she could make a call. She wanted to check in with Daniel to see what time his flight back to Arizona was. She wasn’t sure if he was taking the company’s private jet or if he was taking a commercial flight back. All she hoped was that he would arrive in Arizona soon. She didn’t know exactly why she wanted him with her. Pamela was accustomed to handling things alone. Something about the past few days in Puerto Rico together made her feel more comfortable and relaxed with Daniel than before. She really desired his presence now.
She walked in circles in the foyer as the phone rang. One ring. Two rings. Three rings. It went straight to voicemail. It was unlike Daniel to not answer her calls. He oftentimes interrupted other calls to take hers.
Perhaps, he’s still enjoying the festivities, she thought.
A part of her was happy for him. After his voicemail greeting ended, she said, “Hey, Daniel. I’m here in Scottsdale. Hope you’re enjoying your time in Isabela. Did you book your flight yet? Let me know. Okay. See you soon.”
Disappointed she had to leave a voicemail message, Pamela walked back to be by her father’s bedside. She assumed the nurses would be done and he would now be awake. She was excited to finally talk to him about how he was feeling and the clinical trial he would be enrolled in once all of this was over.
