“Absolutely!”
He followed the chief to the parking lot just outside and several stalls down to the unmistakable shade of yellow. The SUV seemed well kept and clean, and devoid of a roof rack. Scott stepped up on the running board and peered over the edge, taking in the roof.
“See anything, Scott?” the chief asked, clearly leading him.
“There’s a square patch in the middle without paint, like something’s been taken off.”
“That’s right. Something like this,” the chief added, triggering a picture on his smartphone and handing it to Scott. In the image, a small antenna with a square base was presented as a factory replacement part for the Chevy Tahoe. Scott worked the screen for a moment, looking for specifications that included dimensions.
“One and a half inches tall by a base of two inches by four.”
This chief nodded. “So, you saw the cut on the tire, Scott. Could that cut have been made by an antenna like this?”
Scott looked at the police chief as he handed back the phone.
“With embedded pieces of the same paint in the grove it cut as a piece of rubber impacted it at two hundred thirty knots, yes. I mean, I’m not an engineer, but this could be exactly what caused that mark.”
“Then let’s go talk to the boy.”
CHAPTER THIRTY-SIX
Present Day — September 10 — Day Five of the trial
Courtroom 5D, Lindsey-Flanigan Courthouse, Denver
“All rise.”
The familiar tones of the bailiff presaged the entrance of Judge Gonzalez who mounted the bench somewhat ponderously and then scanned the courtroom to assure himself everyone was in place.
“All right, Counsel, before I bring the jury back, any motions, objections, or temper tantrums?”
A few people in the galley chuckled and Gonzales smiled at them before ordering the twelve jurors readmitted.
Judith watched with an even expression, ever so slightly relieved. She had expected a rancid attitude toward her from Gonzales after his boorish conduct earlier in the year, but he had been a gentleman in the courtroom, and seemed openly respectful of her as well as the district attorney. Judith, however, was not about to drop her guard.
“Call the witness please, Counsel,” Gonzalez directed, looking at Judith.
“I re-call First Officer Ryan Borkowsky.”
Borkowsky got to his feet, looking as rattled as before, and climbed back into the witness box carefully avoiding Marty’s gaze.
“You realize you are still under oath, Mr. Borkowsky?” Judge Gonzalez asked.
“Yes, sir.”
Judith took her time approaching the witness stand, a sheaf of papers in her hand as she consulted first one, then another.
“Mr. Borkowsky, after overhearing the conversation by satellite phone between Mr. Butterfield and Captain Mitchell, did you provide any advice to the captain regarding the speed to use on landing?”
Richardson was on his feet instantly.
“Objection, your honor. She’s testifying.”
Judith was shaking her head. “No, your honor, I am not suggesting an answer or testifying through that question. He was the first officer, the second in command. He overheard a conversation in which his company was essentially ordering their flight crew to do certain things regarding airspeed. The captain had clearly been resistant to those suggestions from the company. It would be appropriate for a first officer to offer an opinion or advice to the captain following such an exchange. I am merely asking if such a communication occurred. And, may I remind Mr. Richardson that Mr. Borkowsky is his witness, and this is cross-examination, which means I can ask leading questions.”
Grant Richardson was standing beside her now, making his case with equal force that the question the defense attorney was asking presupposed that advice was required. Judge Gonzalez raised his hand in a stop gesture, his ruling surprising Judith who was already working on an alternate query. Richardson seemed equally surprised.
“Objection overruled. Ms. Winston, you may proceed.”
“Thank you, Your Honor,” she replied, turning back to the witness. “First Officer Borkowsky, did you offer the captain any advice or recommendation regarding the speed to be used on landing subsequent to the satellite phone call between the captain and the company?”
“Yes.”
“Would you tell the court and the jury what that advice or recommendation was?”
“I told the captain we should slow for landing.”
“And it is your testimony that you provided that advice after the satellite call between Mr. Butterfield and Captain Mitchell?”
“Yes.”
“Not before, but after?”
Richardson was standing again. “Objection! Asked and answered.”
“Withdrawn,” Judith replied smoothly, stepping closer to Ryan, her eyes going over the papers in her hand and a puzzled expression on her face.
“Sir, I don’t see any such advice on the NTSB transcript.”
Grant Richardson leapt to his feet again, his voice pained.
“Your honor, I object! Now she is testifying!”
Judith had her hand in the air. “I’ll rephrase the question.”
“Continue,” Gonzales added.
“Let the record read that I am now showing opposing counsel, and the witness, defense exhibit E, the transcript released as public information by the National Transportation Safety Board of the cockpit voice recorder. Mr. Borkowsky, this is from the top of page fifty-three, lines 18 through 21, I am going to read out loud for the jury and I’d like you to follow along. Okay?”
“Yes, ma’am.”
“Captain: You okay for a few more minutes, Ryan? I need to talk to the company. First Officer: Yeah. I’m getting used to her now. We’re gonna slow for landing, right?”
Judith paced for a few seconds before looking back at the first officer.
“Mr. Borkowsky, you testified that you advised the captain to slow down after the satellite phone call between Mr. Butterfield and your captain. Does the exchange I just read from the cockpit voice recorder contain advice?”
“I’m… sorry?” Borkowsky was looking trapped, and his expression morphed into frustration.
“I’m trying to understand if the question, ‘We’re gonna slow for landing, right?’ is advice you provided the captain.”
“Yes.”
“But that was not the advice you testified you gave after the satellite call, is it?”
“Yes, it is! That was the advice!” his voice was rising in volume and tone, his right hand flailing the air. “I didn’t have to… to give him a formal statement! We know what each other means in the cockpit.”
“So, Mr. Borkowsky, the only advice you gave the captain was the phrase I just read from the CVR transcript?”
“Yes, I think so,” Borkowsky sighed, shrugging his shoulders.
“But you testified, did you not, that you gave advice on slowing down after the satellite call, correct?”
“Objection, Your Honor! She’s badgering the witness.”
“Overruled, counselor!”
“Mr. Borkowsky?” Judith said.
“That WAS the advice! I said so. This is ridiculous!”
Judith suppressed the smile she would normally have displayed at the very outburst she was hoping for.
The first officer looked like he was going to bolt in terror. At the defense table, Marty had turned to one of the lawyers with an incredulous look which deepened when the younger attorney shrugged his shoulders.
Judith was approaching the first officer again, her eyes boring into his.
“The statement I read is merely a question and not an advisement?”
“No! It was advice. I mean it was obvious I meant he should slow.”