Kathryn was growing frustrated. "You have any proof of who was at Camp David, any rumor, anything?"

"Byrd knows a guy who has that answer. I'm working it. But Byrd won't even tell me the guy's name. It's a Secret Service guy who is in charge of security at Camp David."

She looked encouraged. "Get his name. Byrd knows?"

I nodded.

"Get him to tell you the name. Set up his deposition. Let's develop this." She looked at the other attorneys, who nodded enthusiastically.

"He won't testify."

"Why not?"

"Refuses to even acknowledge any of it."

"Not so much that he wouldn't meet with you, I take it."

"He didn't meet with me. He met with Tinny."

"So how are you going to prove any of this?"

"We still have thirty more days of discovery."

"Right, so how are you going to do it?"

"I don't know."

Kathryn looked over at Brightman. He picked up on the hint. "You've got to force it, Mike. This is life-or-death for WorldCopter." He glanced at Tripp, who was staring at me.

"I know, Mark. I'm on it. I can't force it yet."

"You think Byrd will tell you even if the Secret Service guy doesn't want him to?"

"Honestly?" I asked, looking around the table. "I don't know."

"Thirty days and you don't know. And have you thought about what you're going to do if you can't prove this? Do your investigators have a theory yet other than what the NTSB has said?"

"No. That rotor blade did come off, but that could have happened when the helicopter rolled inverted too. They're not designed to fly upside down. I'm just not buying the NTSB's theory."

Tripp asked, "And why not? Where is the flaw?"

"They don't have the tip weights. They have no idea when those tip weights came off."

"But doesn't that make it more likely they came off before the crash sequence started? Otherwise, they'd be nearby."

"I don't know. I don't think their failure to find them really proves much of anything. I think they've just jumped on that because the tip weights weren't there and that blade separated. That blade could have hit something on the way down and knocked the tip weights loose. Really, I think we're left with two possibilities. Either that the blade came off in flight, or the pilot did it on purpose. Fortunately, the plaintiff has the burden of proof."

Brightman stood up. "Do you have any doubt that Hackett is going to have an expert sit there on the stand and testify in somber tones about how this accident was caused by the failure to properly balance the rotor blade, and that the tip weights became unattached causing vibrations and resulting in the ultimate crash of the helicopter?"

"No. I don't have any doubt that he'll get an expert to say that. He can't cite the NTSB report of course because the conclusion is inadmissible. But he'll say it. No doubt. He'll say it. But our experts are the best experts in the country. And if they say it didn't happen that way, it's not at all a sure thing that Hackett will prevail."

Kathryn nodded toward Morton. "What about the Justice Department and congressional investigations?"

"Pretty much status quo. Since we gave them the warehouse full of documents, they've gone quiet while they go through them and look for damaging information. The Senate hearings have adjourned-most of the drama is over, and the grind of one witness after another pretty much emptied the room."

"Anything at all from any of that we can use to defend ourselves?"

"Just the materials I already gave to Mike. We can show the delay was the FBI's fault, but that's really only relevant to punitive damages. So, as to the cause of the crash? No, not really."

Kathryn thought for a moment while everyone waited in silence. The frustration of each person in the room was slightly different but palpable. She finally spoke. "Why does Hackett want you involved?"

"I've wondered about that. Like maybe he filed in Annapolis so I'd be sure to be involved. It seems to me that he has two equally attractive theories if he wounds me before trial. First, I go into trial with a national reputation of being unethical, or stupid, and he has the upper hand, or second, you or WorldCopter decide they don't want me on the case anymore and I get tossed. Then Mr. Brightman, or somebody else, rides in to save the day and defend WorldCopter, not having been involved in discovery, not having spent every waking hour dealing with this case for the last six months, and again he thinks he has the upper hand. For him it works either way. Plus, if I may be allowed an editorial comment, he may not have the greatest respect for Mr. Brightman's abilities either."

Kathryn said, "I think his whole strategy ever since he filed the lawsuit in Annapolis has been to get you deep into the case, through almost all of the discovery, and then start trying to cut your legs out from under you. He uses the press, false witnesses, personal confrontation, and probably a lot of other things we aren't yet aware of. He wanted me-this is really probably more about me than you-but he wanted me to remove you from the case to stop the barrage of bad press. But you know what, Mike?" She actually waited for me to answer.

I shook my head.

She continued, "He missed. You saw the fake witness coming, his deposition stories and leaks make us look aggressive, but not necessarily wrong, and otherwise we're matching up with him. Yesterday, frankly, I asked for this meeting with the idea of asking Mark to take over the lead of this case." She looked at him and he returned her look with barely concealed annoyance, knowing now where she was going. "But I think you're exactly the right guy to try this case. You've got the right experience, the right mentality, the helicopter knowledge, the trial experience, and the local knowledge. He may not fully realize how clever you are in trial. You're at your best when the fur is flying.

"We're going to put Mark's name on the caption. He'll stay up on things in case you get hit by a bus, but this is your case. You're going to try it. And based on their settlement demands, this case is going to get tried."

Kathryn walked back around to the other side of the table and picked up her now cool cup of coffee. "But you've got to find out what really happened. You've got to start pushing people. You've got to tell Byrd to put all his other cases on hold and work overtime. I want him working eighteen hours a day turning over rocks. I want him banging on that Secret Service agent to testify, or if he won't, then give us his name. I want our experts up all night, every night, running experiments, running aerodynamic analyses, figuring out what in the hell happened here. This helicopter did not fail just because it threw its tip weights. Something else happened. Maybe it was Collins. I'm not convinced, but it could be. Something happened and we need to find out what. And we need to prove who was going to be at that meeting and why. If you spring that in trial, all kinds of possibilities open up. You've got to find the proof. You've got to dig, and you've got to make it happen."

"That's what I'm trying to do."

Kathryn looked around at everybody else in the room. "Everybody okay with this?"

Brightman said, "You're taking a big risk, Kathryn. No offense to Mike, but his credibility may be at risk. All these deposition issues, and the bogus witness. We think the public gets it, but they may not. If he walks into that courtroom with no credibility, if the jurors think he is unethical, attempting to buy witnesses, and accusing the first lady of an affair, they won't cut him any slack at all. I think that's a risk for WorldCopter."

"I agree, but I think the opposite is equally likely. They may know-if they're paying attention-that Hackett is a bad guy, and Mike is fully aware of the traps that are being thrown in front of him. They'll identify with him and hate Hackett. Very possible. If there is any issue left by the time we get to trial, if we ask the right questions in voir dire, we'll be able to disarm it. Do you agree, Mike?"


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