Officer DeWitt looked up. “May I refer to my report?”
“Of course.” Santoro located a paper in his stack and distributed copies to Judy and the court personnel, who gave one to the judge. “Your Honor, I wish to move into evidence Commonwealth Exhibit Twenty-three, which is Officer DeWitt’s report of the accident in question.”
“No objection,” Judy said. She set the report aside to signal to the jury that she had seen it already. In fact, she’d memorized it last night, but there was no way she could signal that, as much as she wanted the extra credit.
Officer DeWitt thumbed through his report. “This refreshes my recollection. I visited the accident that night at one o’clock in the morning, less than one hour after it occurred. I examined the truck involved, a VW pickup. I also examined the guardrail on the overpass where the truck went over, as well as the point of impact on the underpass beneath.”
“Could you briefly describe how the accident occurred?”
“Yes. The truck, a light, old-model pickup, was traveling west on the double-lane overpass when it skidded on a patch of ice, due to driver error and road conditions. The truck collided with the guardrail, tipped over the side of the overpass, and landed upside down on the underpass below, where the fuel tank ruptured and burst into flame. The occupants would have been killed on impact, if not by the fire that consumed the vehicle’s passenger cab, though their bodies had been removed by the M.E.’s office by the time I arrived at the scene.”
“So it is your expert opinion, to a reasonable degree of scientific certainty, that the crash of the truck was an accident, pure and simple?”
“Yes.” Then DeWitt added, “Though no accident that involves loss of life is simple. But yes, it was an accident.”
“I stand corrected. You are quite right.” Santoro nodded. “Officer DeWitt, I take it from your explanation of how the accident occurred that no other vehicles were involved?”
“No other vehicles.”
“And there were no other fatalities as a result of the accident?”
“No.”
“As a result of your conclusion that it was an accident, no charges of any kind were issued by the police, correct?”
“Yes.”
“And the case was considered closed by the Philadelphia Police Department?”
“Yes, it was and is.”
“No further questions,” Santoro said. He returned to his seat as Judy stood up, went to the podium with her papers, and introduced herself before her first question.
“Officer DeWitt, you said you examined the Lucias’ truck an hour after the accident and that it had caught fire. What caused that fire, in your opinion?”
“The fuel line ruptured and the tank was compromised when the truck overturned. The interior of the vehicle was filled with fuel and then consumed by fire.”
Judy hoped Frank wasn’t visualizing this. “Officer DeWitt, did you perform any tests to determine the residue left by the fire on the interior or exterior of the truck?”
“No, there was no reason to.”
Judy made a note. THAT’S WHAT YOU THINK, SMARTYPANTS. “In your opinion, Officer DeWitt, what caused the fuel to ignite?”
“Many things commonly cause such fires, such as sparks from an electrical connection, the heat of an engine in contact with fuel, and often when steel and concrete collide, sparks result.”
“So it’s your testimony that the Lucias’ pickup truck left the overpass because of the ice and driver error, rolled over the guardrail, and crashed onto an underpass, and that the impact of the crash or the fire from the ruptured fuel tank killed the Lucias?”
“Yes.”
Judy didn’t pause. “What kind of fuel was it?”
“I don’t understand the question.”
“Do you recall the type of fuel it was that ignited, in the cab?”
“Diesel.”
Judy made a fake note. EUREKA! She asked the question she needed the answer to: “How do you know that it was diesel fuel, if you performed no tests on the residue left behind?”
“The truck had a diesel engine.” Officer DeWitt glanced at his report. “I examined the engine of the vehicle and contacted Harrisburg to determine its registration. It was a 1.6-liter diesel engine. Fifty-two horsepower.”
Judy thought a minute. Had to cover all the bases. “So is it your testimony that the ruptured fuel tank in the pickup was the only fuel container in the pickup?”
The witness cocked his head. “What other kind of fuel container could there be?”
“Well, was there a lawn mower in the truck, or a chain saw, or just a spare gas can?”
Officer DeWitt reflected on it, then shook his head. “No. Nothing like that. The back bed was empty, as was the cab, except for minor debris and some broken glass.”
“If you had seen something like that, you would have noted it, would you not?”
“Yes. I take careful notes.”
“And does your report contain any such notation?”
Officer DeWitt thumbed through the exhibit. “No.”
“Thank you,” Judy said, and remained at the podium, as the witness stepped down. She was halfway home. And she was saving the best for last.
“No redirect, Your Honor,” Santoro said, rising at his seat. “The Commonwealth rests.”
On the dais Judge Vaughn nodded smartly. “Ms. Carrier, looks like you’re up, for the defense.”
“Thank you, Your Honor. The defense calls Dr. William Wold to the stand.” Judy looked expectantly toward the double doors, feeling oddly like a groom awaiting a bride. Dr. Wold strode past the bar of court in a dark suit, walked to the witness stand, and was sworn in. “Dr. Wold,” she began, “please tell the jury who you are and what you do.”
“I am an accident reconstruction expert. I was an officer with the Accident Investigation Division of the Philadelphia Police for thirty-two years until my retirement, and now I consult full-time. I determine how a traffic accident occurred in order to testify at trials, like this one.”
“Dr. Wold, what is your training to perform such a complex task?”
“I teach courses in accident reconstruction, including courses in crash investigation, guardrail construction and renovation, bridge and highway construction, anatomy, drinking and driving, physics, the sleep-deprived and drugged driver, forensic sciences,
and computer-animated graphics.”
“And are you an accredited accident reconstructionist?”
“Yes, by ACTAR, as well as by agencies in Pennsylvania and New Jersey.”
Judy looked at the judge, who was skimming papers on his desk. “Your Honor, I move to have Dr. Wold qualified as an expert.”
Santoro nodded. “No objection,” he said, and Judge Vaughn nodded.
“Granted,” he ruled. “Please continue, Ms. Carrier.”
Judy smiled to herself. Santoro was stuck. He didn’t dare object in front of the jury, not after he’d opened the door with the AID man. Judy had hoped he’d go for it, after Jimmy Bello, and he had. She deserved extra-extra credit. “Dr. Wold, did there come a time when you examined the wreck of the Lucias’ pickup?”
“Yes, about four months ago, at your request. You asked me to determine how the accident had occurred.”
Santoro was on his loafers. “Objection, Your Honor. Where’s the chain of custody for the vehicle? How do we know he examined the right vehicle?”
“Your Honor,” Judy said, waving the papers, “I was just about to introduce these documents into evidence. They are the bill of sale and the receipt for the Lucias’ truck. The VIN, or Vehicle Identification Number, matches the wreck that Dr. Wold examined at my request.”
Judge Vaughn motioned for the papers, and Judy handed them to the bailiff, who brought them to the judge. She held her breath while the judge read the documents, hoping he wouldn’t wonder where the junkyard release was, since all she could offer into evidence was a wire cutter and a couple of senior citizens.