“Does the prosecution have a question for the defendant?” Judge Jones probes.
“Yes, Your Honor. Ms. Dalton, it is your responsibility to do your due diligence and verify the ground is structurally sound to build on, is it not?”
“Yes, but—”
“But since we’re all here today, you clearly didnotdo your due diligence, is that correct?”
“We used the same process, the same industry standard all architectural firms and construction companies use. If we were a smaller company, we would have used a contracted soil engineering service to do the same job we did, and they would have contacted the Department of Labor and Industry, the same as us.That’sthe process.That’swhat we followed.”
“But it was recently discovered that Chris Francis, your Lead Soil Engineer, did in fact sign off on this project knowing the ground was unsafe, is that correct?”
I sigh, “Yes, but—”
“Andthenwe found other reports from other soil engineering companies over the past twenty years that showed this exact land was not feasible to build a structure of this magnitude on. Why weren’t those reports found earlier?”
“Again, we followed the industry standard. These reports were not provided to us by the Department of Labor and Industry, as per their job. If the reports cannot be provided by that Department, then it stands to reason the reports do not exist.”
“Are you saying the reports were hidden?”
“I’m saying they didn’t exist when we were planning this project, and they miraculously appeared after the building collapsed.”
He shrugs, “Sounds like thisindustry standardisn’t a best-practice if it can lead to something like this. Fourteen injuries. Eight car accidents.” He tsks and turns back to me. “How does it feel knowing you’re responsible for all of this?”
My blood boils and I do my best to keep my hands from shaking when Kim pipes up again. “Badgering the witness, Your Honor.”
“Sustained.”
Victor turns on his heel and stuffs his hands in his pockets. “No further questions, Your Honor.”
“The defense may cross-examine the witness,” Judge Jones announces and Anthony stands, buttoning his suit jacket and walking toward me.
“Ms. Dalton, would you please explain to the court, in your own words, what happened?”
“Yes. The condominium project was planned and approved by Define Architectural Group with the understanding that the ground was safe and feasible. It is the Department of Labor and Industry’s responsibility to provide any historical data on the land in question, of which there was none prior to the collapse. Our plans were signed off by our Lead Soil Engineer and Department of Labor and Industry, the only people who are legally required to sign off. It wasn’t until a few weeks ago that the historical data from the Department of Labor and Industry’s office came to light.”
“So, up until the accident, you were of the belief you were above board. You were going through the proper channels and you were provided the necessary information to make your decisions?”
Relief trickles down my body knowing I’m finally able to say my piece. “That’s correct. It was business as usual.”
Anthony goes on to ask me more questions, allowing me to explain what the prosecution cut me off from explaining and helping me demonstrate my company’s blindsided reaction to this disaster.
When I go to sit back down, I spot Marco sitting next to Jay a couple rows back. I see his chest rise and I inhale with him, trying to calm my nerves. I can’t seem to smile or give any other emotion to indicate my gratefulness, but I hope he knows it’s there.
I sit back down next to Kim and Horatio and spend the next two hours listening to the prosecution drone on and on about how Define is at fault. Every time he brings up the workers who were injured, my heart goes out to them and their families. Many of them had to go on workman's compensation, and I know they can’t make the kind of overtime pay they’re used to, which has drastically affected their personal finances. Some of them broke their arms or legs falling off scaffolding. Some only sustained minor debris falling on their hard hats, but I’m sure there has to be an emotional toll being a part of something like this can have.
I want to see justice for those workers and for those whose cars were totaled or damaged. Define has incredible insurance for situations such as this, as unprecedented as it is, and it’s taking care of these affected families, but it’s not enough. And this nagging feeling in the back of my mind is telling meit ismy fault, because it happened on my company’s watch. That’s what I’m afraid of—I'll be seen as the figurehead, the one who has to take the fall, the sacrificial lamb.
And I’ll lose it all: my license. My career. My company.
All of it came from my father; from his passion, mine sprouted. And it feels like I’m letting him down. No, it’s so much worse… it’s like I’m killing everything he made, even me.
But I’m getting ahead of myself and speculating—okay,spiralingmight be the right word. We’re not here today for a verdict. We’re here to see if there is a reasonable basis to proceed to a full trial. That’s it.
Calm down, Cora. Take a deep breath.
Chapter 23
The Hearing
