Chapter Thirty-eight

Rose sipped her coffee, but it couldn’t cure her cotton mouth from last night. They were in a larger conference room than yesterday, containing a long walnut table that held only a stack of fresh legal pads. The windows showed off a view of the woods behind the corporate center, with picturesque autumn foliage, a sharply blue sky, and a cool sun.

Rose stayed seated with John in her lap, while Oliver introduced himself to the two prosecutors. She had on a navy dress with a matching sweater, light makeup, and her hair in a half-ponytail, and John was in a white polo shirt and his Mom jeans, sucking his pacifier and clutching his Fisher-Price car keys. Long ago, she had posed almost the same way, for the Hanna Andersson catalog.

“Gentlemen, be my guest.” Oliver gestured at the walnut credenza against the wall, which held two canisters of coffee, fresh bagels, and cream cheese, the delicious smells scenting the air. “Get yourself some coffee, and we have the best bagels of any law firm in the county.”

“Thanks, but no,” Howard said, evidently for both of them. He rolled out a chair for Rick, then unbuttoned his khaki jacket before he sat down, with a warm grin for Rose. “Hello again. Now that I can see the baby, he’s cute, and the resemblance is remarkable.”

“Thanks.” Rose flashed a professional smile, wary. During their meeting prior, Oliver had warned her that Howard would use the friendly approach to get her to talk, and he’d told her to clam up, which should be easy, because she was terrified.

“Let’s begin, shall we?” Oliver pulled up his chair and sat next to Rose. Their backs were to the window, forcing the prosecutors to squint against the brightness. Oliver had told her that the seating plan was intentional, but she hadn’t reminded him that yesterday, she’d been the one squinting.

Oliver cleared his throat. “I suggest that we proceed as follows. Rose will tell you what happened at school, then you may ask questions, for clarification purposes. Understood?”

“Fine.”

“Let’s be clear. Rose is here today because she wants the truth to come out, and it hasn’t, as yet. Between us, she’s considering whether she will file a civil action against the school and the school district, for damages arising from their negligence.”

Rose said nothing. Oliver hadn’t told her he would say that, but she let her smile mask her dismay.

“I see.” Howard lifted an eyebrow. His eyes were brown behind his hornrims, and there was a small scab under the softness under his chin, as if he’d cut himself shaving.

Oliver nodded. “Frankly, I have advised her to file suit, as has my partner Tom, but she and her husband have yet to decide. Her daughter Melly, as you may know, almost perished in the fire, and as you can see, she herself was burned on her hand and ankle.” He gestured in Rose’s direction, and John banged his plastic keys on the table. “In addition, Howard, let me ask you if the Commonwealth intends to file criminal negligence charges against the school and the school district in connection with the fire?”

“We’re undecided, at this point.” Howard’s smile faded, and beside him, Rick looked down, as if the conference table needed examining.

“I would hope so.” Oliver leaned back in the chair. “Who makes that decision, anyway? The District Attorney himself? And you make a recommendation to him, go or no?”

“Something like that.” Howard looked annoyed.

“You’ve got ’em dead to rights, don’t you? Even I’ve heard rumors there was faulty wiring and a gas leak. What did the Fire Marshal determine as the cause?”

“We haven’t yet released that information.”

“Of course, whatever, I’ll play along.” Oliver shrugged it off. “Obviously, the general contractor and all of the subcontractors-electrical, HVAC, and the like-were under the school and the district’s exclusive control and supervision. I assume that the district chose them, and were I in your chair, I would examine the bidding method by which they were selected with a close eye.” Oliver sniffed as if he’d caught a whiff of something stinky. “I know that state and local politics often play an unfortunate role in the awarding of major construction projects, and that should be investigated, too. If the district awarded the job to the low-ball contractor, they’d get haphazard construction, which resulted in foreseeable loss of life. That’s criminal negligence.”

Rose was surprised at how strong Oliver was coming on, and it was ratcheting up the tension in the room. Across the table, she could see Howard stiffen.

“Not to mention the elementary school’s failure to have adequate safety procedures, which your discovery will reveal, if it hasn’t already.” Oliver gestured again at Rose. “My client is happy to speak with you now, however. We hope it will help you build a case against the people responsible for the deaths of three innocent citizens-and a little girl, if Amanda Gigot doesn’t recover, God forbid. I assume you’ve been in contact with the Gigot family, and I would hope that your office isn’t succumbing to their pressure to scapegoat Rose and her family.”

“No, nothing of the sort.” Howard frowned.

“Then I’m at a loss to understand why you visited my client at her home, yesterday. I would think she’s the last person you would want to speak with, a mother who’s as much a victim as the Gigot family. I trust you understand, whether we file suit or not, that’s our position.”

“I do.” Howard shifted forward. “Now, if we could get on with-”

“Finally, of course, Rose is in no way waiving any of the constitutional rights that she may seek to assert later, such as self-incrimination, which we expect will not be necessary. Understood?”

“Yes.”

“And, one questioner only. That’s you.” Oliver pointed at Howard. “If at any point, Rose wishes to break, we will. If she feels uncomfortable, we stop. If she wants to end, we do. Understood?”

“Yes,” Howard answered, and Oliver turned to Rose, with a confident smile.

“Rose, why don’t you begin?”

“Okay.” Rose hoisted John higher on her lap and launched into the story. She told it in brief strokes, the way she had to Oliver and Tom, and Howard listened quietly, his expression sympathetic. When she got to the part where Melly was taken away in the ambulance, Oliver leaned over, raising his hand like a school crossing guard.

“And the rest is history,” he said, to Howard. “So you see, no matter what the press or the Gigots may be saying, it’s not as if Rose chose to rescue Melly over Amanda and Emily. On the contrary, she chose Amanda and Emily over Melly. There’s simply no basis for any criminal charges against her.”

Howard’s gaze shifted from Oliver to Rose, then back again.

Rose held her breath. It was hard to believe she was sitting here, in front of a man who determined her and her family’s fate. He wielded all the power and resources of the Commonwealth of Pennsylvania. He could send her to prison for twenty years.

Oliver kept talking. “I cannot imagine a jury in the world who would find anything blameworthy in her conduct, because she is a hero. The fact that Amanda was eventually injured is the fault of the construction deficiencies, the school’s non-existent fire safety procedures, and the negligent supervision of the blond teacher in the hallway, who permitted her to run back in after an iPod.”

Rose remained still. John banged the keys on the table, but everyone ignored him.

Howard looked deep in thought, eyeing Rose. “Just to clarify, where was the other lunch mom, Terry Douglas, when you asked Amanda and the other students to stay behind?”

Rose swallowed, hard. “She was-”

“Stop.” Oliver raised his hand again. “I object to the phraseology ‘stay behind,’ and Rose has been clear about that. I won’t have you go over and over it.”

“I was clarifying.”

“It’s clear enough.”

“Not to us.” Howard shook his head. “The Commonwealth’s concern is that Rose assumed and insisted upon exclusive control of the three children, including Amanda.”

Rose felt her gut clench.

“We dispute that,” Oliver shot back, coolly. “As soon as Rose regained consciousness, she delivered Amanda and Emily to the hallway and the supervision of the teacher there. She excluded no one, at any time. There was no one helping any child, except Rose.” Oliver checked his watch. “We’ve been here an hour. That’s an hour you should have spent interviewing the contractor, subcontractors, school district officials, and a teacher who let a child run into a burning building.” Oliver rose, suddenly. “This meeting is over. Good-bye, and thank you for coming.”

Howard looked up, pursing his lips. “Grandstanding doesn’t help your client, Oliver.”

“Oh, please.” Oliver didn’t bat an eye. “I’m not grandstanding, I’m merely standing. If you persist, I’m going to have to wonder why you’re so intent on not investigating the school district and state officials who made the decision to hire whomever they hired. Please tell me it’s not because they pay your and your boss’s salaries, because the jury won’t like that, not one bit.”

“What?” Howard’s eyes flared an angry brown, and he got to his feet, as did Rick. “What are you suggesting? That I’m in somebody’s pocket?”

“I didn’t say that, did I?” Oliver strode around the table, went to the door, and opened it calmly. “No more free discovery. Know that if you come after her, I’m coming after you.

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