Consetti drew himself up and put on his fighting face. “Mr. Abernathy, every aspect of every design project that passes through the Apollo Consortium is thoroughly tested, retested, and tested again for safety. That’s our motto, you know. An Apollo product is as safe as a mother’s hug.”
“Very catchy.”
“We were in total compliance with every applicable federal regulation.”
“I’m sure. But I specifically asked whether you tested the leaf spring. Did you?”
Ben shot Consetti a pointed look. Don’t prick this guy’s curiosity by being evasive. Just answer the question.
“Yes, we did.”
“Are there any documents reflecting or memorializing the testing that was performed?”
“I’m sure there are.”
“Where would those documents be?”
Consetti glanced at Ben. “I produced all my files to counsel.”
“They were produced to you last week,” Ben added.
“Right,” Abernathy said. “Along with approximately a hundred thousand other documents. It’s just possible I overlooked those.” He picked up a pencil and began fidgeting with it. “Do you recall whether you or anyone else at Apollo considered an alternate design that would strengthen the axle-to leaf spring-to frame connections?”
“I’m not sure what you mean.”
“I mean did you consider design alternatives that would prevent the leaf spring from crumbling when subjected to sudden shocks?”
“I never said the leaf spring would crumble when subjected to sudden shocks.”
“Well, it sure as hell did when my clients’ son was riding that-flatbed!”
“Objection,” Ben said. “Move to strike.”
“I’m tired of your client dillydallying with me, Kincaid.”
“If you have another question,” Ben replied calmly, “ask it. Otherwise, we’re ready to leave.”
Abernathy turned back toward Consetti and growled. “Answer my question.”
“What question was that?”
“About suspension system design alternatives.”
“No, I do not specifically recall any such study.”
“Fine. Thank you for your courtesy.” Abernathy stretched his arms and cracked his knuckles.
“Would this be a suitable time to take a break?” Ben asked.
“No!” Abernathy barked. “I have a few more questions for your witness. If he’ll deign to answer them.” He hunched down over the table. “Have you ever been convicted of a felony?”
Consetti’s face was the picture of outrage. “How dare you ask me such an offensive question!”
“Just answer.”
“I refuse.”
“Pal, you have no choice.”
Consetti turned toward Ben. “Do I have to answer that question?”
Ben nodded. “I’m afraid so.”
Consetti glared back at him. Obviously, he wanted an attorney who would scream and shout, not one who would instruct him to obey the law. “No. I’ve never been convicted of a felony.”
“Have you ever been arrested on a felony charge?”
“Of course not.”
“Really?” Abernathy reached into his briefcase and withdrew a thin manila folder. “What about the time you were picked up on the Broken Arrow Expressway on a DUI after you crossed lanes and smashed into a car going in the opposite direction?”
Consetti’s eyes flared. “This is outrageous!”
“Save the righteous indignation for the jury,” Abernathy said. “Just answer the question.”
“I’m going to object,” Ben interjected. “I fail to see any relevance of this question to the subject matter at hand.”
“You don’t see any relevance in learning that the XKL-1 was designed by a drunk!” Abernathy yelled.
“Objection!” Ben repeated. “Move to strike.”
“I think the people of America would like to know if every time they enter a motor vehicle with an Apollo component they’re putting their lives in danger!”
“I renew my objection, counsel. This is grossly improper.”
“Not as improper as letting teenage boys die because you’re too cheap to change your design!”
“I’ve had enough!” Consetti shouted. He pushed himself out of his chair. “I don’t have to sit here and listen to this. I’m leaving.”
Ben grabbed Consetti’s shoulder and shoved him back down in his chair. That was exactly what Abernathy wanted, of course; Consetti was playing into his hands. Abernathy had already asked all the questions he could think of—and he had come up with nothing. But if he could create a big scene and cause the witness to walk out before the deposition was officially terminated, Abernathy would have an excuse to recall Consetti later when he’d done more work and had more questions.
“Last chance, Abernathy,” Ben said. “If you have any more legitimate questions, ask ’em. Otherwise, we walk.”
Abernathy shuffled through his file, obviously disappointed that Ben had prevented his ploy from paying off. “You were arrested for DUI, were you not?”
“I was not. I was detained. I was never charged.”
“Ah. Now that is an elegant distinction. I commend you on your cleverness. You were taken to police headquarters, Eastern Division, were you not?”
“That’s true,” he replied grudgingly.
“And you were placed in a holding cell?”
Consetti’s teeth were tightly clenched. “Yes.”
“But you were never charged?”
“I was completely exonerated.”
Abernathy shook his head thoughtfully. “Funny. I didn’t find that in the file. But I did find that you were allowed to make one phone call, and soon thereafter Chief of Police Blackwell arrived at headquarters. Shortly after his visit, you were released.”
“Was that a question?” Consetti snarled.
“No, but this is. You and Blackwell are members of the same country club, aren’t you?”
“What of it?”
“Nothing. Just comforting to know the good ol’ boy network is still in fine shape. Were you aware that there were two teenage girls, ages sixteen and fourteen, in the backseat of the car you hit?”
Consetti hesitated before answering. “Yes.”
“And those two girls died, didn’t they?”
“That is…my understanding.”
“And you got off scot-free, right? You didn’t pay their families a cent. You didn’t even offer to repair their car!”
“Again I object,” Ben interjected. “This line of questioning is abusive and not remotely relevant to the case pending before the court.”
“Not relevant!” Abernathy was practically screaming. “This man killed two girls and took no responsibility for his actions. How can we expect him to take any more responsibility for what he did to. Jason Nelson?”
“Objection! Save your jury argument for the courtroom.”
“And for that matter, how can we expect him to take any responsibility for what he may have done to untold other children who died because they had the mistaken belief that the Apollo suspension system was as safe as a mother’s hug?”
“Move to strike,” Ben repeated. “If you continue in this abusive manner, I’m filing an emergency application for a protective order with Judge Roemer.”
“Don’t bother. I’m finished.” Abernathy laid down his pencil and smiled. “Your witness, Kincaid.”
23
“WHAT THE HELL WAS that all about?”
Consetti was pacing back and forth in Ben’s office, banging his head against the wall figuratively and literally.
“It was just a cheap intimidation tactic. His case is falling apart, so he’s clutching at straws.”
“He’s clutching at my good name, that’s what he’s doing!” Consetti’s face was flush red; spittle flew from his lips.
“Look, any fool can drop by the station and review the police records. He doesn’t have anything factual to help him win this case. So he’s going after our witnesses.” “What was that shit about me killing teenagers?”