The Runaway Jury

Jankle shrugged and mumbled something.

"I’m sorry, Mr. Jankle. I didn’t catch that. The question is, when was the last time-"

"I heard the question."

"Then answer it. Just give us one example where Pynex offered to help with the medical bills of someone who smoked your products."

"I can’t recall one."

"So your company refuses to stand behind its products?"

"We certainly do not."

"Good. Give the jury just one example of Pynex standing behind its cigarettes."

"Our products are not defective."

"They don’t cause sickness and death?" Rohr asked incredulously, arms flopping wildly at the air.

"No. They don’t."

"Now lemme get this straight. You’re telling this jury that your cigarettes do not cause sickness and death?"

"Only if they are abused."

Rohr laughed as he spat out the word "abused" in thorough disgust. "Are your cigarettes supposed to be lit with some type of lighter?"

"Of course."

"And is the smoke produced by the tobacco and the paper supposed to be sucked through the end opposite the end that is lit?"

"Yes."

"And is this smoke supposed to enter the mouth?"

"Yes."

"And is it supposed to be inhaled into the respiratory tract?"

"Depends on the choice of the smoker."

"Do you inhale, Mr. Jankle?"

"Yes."

"Are you familiar with studies showing ninety-eight percent of all cigarette smokers inhale?"

"Yes."

"So it’s accurate to say that you know the smoke from your cigarettes will be inhaled?"

"I suppose so."

"Is it your opinion that people who inhale the smoke are actually abusing the product?"

"No."

"So tell us, please, Mr. Jankle, how does one abuse a cigarette?"

"By smoking too much."

"And how much is too much?"

"I guess it depends on each individual."

"I’m not talking to each individual smoker, Mr. Jankle. I’m talking to you, the CEO of Pynex, one of the largest cigarette producers in the world. And I’m asking you, in your opinion, how much is too much?"

"I’d say more than two packs a day."

"More than forty cigarettes a day?"

"Yes."

"I see. And what study do you base this on?"

"None. It’s just my opinion."

"Below forty, and smoking is not unhealthy. Above forty, and the product is being abused. Is this your testimony?"

"It’s my opinion." Jankle was starting to squirm and cast his eyes at Cable, who was angry and looking away. The abuse theory was a new one, a creation of Jankle’s. He insisted on using it.

Rohr lowered his voice and studied his notes. He took his time for the setup because he didn’t want to spoil the kill. "Would you describe for the jury the steps you’ve taken as CEO to warn the public that smoking more than forty cigarettes a day is dangerous?"

Jankle had a quick retort, but he thought the better of it. His mouth opened, then he hung in mid-thought for a long, painful pause. After the damage was done, he gathered himself and said, "I think you misunderstand me."

Rohr wasn’t about to let him explain. "I’m sure I do. I don’t believe I’ve ever seen a warning on any of your products to the effect that more than two packs a day is abusive and dangerous. Why not?"

"We’re not required to."

"Required by whom?"

"The government."

"So if the government doesn’t make you warn folks that your products can be abused, then you’re certainly not going to do it voluntarily, are you?"

"We follow the law."

"Did the law require Pynex to spend four hundred million dollars last year in advertising?"

"No."

"But you did, didn’t you?"

"Something like that."

"And if you wanted to warn smokers of potential dangers you could certainly do it, couldn’t you?"

"I suppose."

Rohr switched quickly to butter and sugar, two products Jankle had mentioned as being potentially dangerous. Rohr took great delight in pointing out the differences between them and cigarettes, and made Jankle look silly.

He saved the best for last. During a short recess, the video monitors were once again rolled into place. When the jury returned, the lights were dimmed and there was Jankle on-screen, right hand raised while being asked to tell the truth and nothing but the truth. The occasion was a hearing before a congressional subcommittee. Standing next to Jankle were Vandemeer and the other two CEO’s of the Big Four, all summoned against their will to give testimony to a bunch of politicians. They looked like four Mafia dons about to tell Congress there was no such thing as organized crime. The questioning was brutal.

The tape was heavily edited. One by one, they were asked point-blank if nicotine was addictive, and each emphatically said no. Jankle went last, and by the time he made his angry denial, the jury, just like the subcommittee, knew he was lying.

Chapter Twenty-Eight

During a tense forty-minute meeting with Cable in his office, Fitch unloaded most of what had been bothering him about the way the case was being defended. He started with Jankle and his brilliant new tobacco defense, the abused-cigarette strategy, a harebrained approach that just might doom them. Cable, in no mood to be scolded, especially by a nonlawyer he loathed anyway, repeatedly explained that they had begged Jankle not to raise the issue of abuse. But Jankle had been a lawyer in another life and fancied himself as an original thinker who’d been given the golden chance to save Big Tobacco. Jankle was now on a Pynex jet en route to New York.

And Fitch thought the jury might be tired of Cable. Rohr had spread the courtroom work among his gang of thieves. Why couldn’t Cable allow another defense lawyer besides Felix Mason to handle a few witnesses? God knew there were enough of them. Was it ego? They yelled at each other from across the desk.

The article in Mogul had unraveled nerves and added another, much heavier layer of pressure.

Cable reminded Fitch that he was the lawyer, and he had thirty rather outstanding years in the courtroom. He could better read the mood and texture of the trial.

And Fitch reminded Cable that this was the ninth tobacco trial he’d directed, not to mention the two mistrials he’d engineered, and he’d certainly seen more effective courtroom advocacy than what was being offered by Cable.

When the yelling and cursing died down, and after both men made efforts to pull themselves together, they did agree that the defense should be brief. Cable projected three more days, and that included whatever cross-examination Rohr would offer. Three days and no more, Fitch said.

He slammed the door as he left the office, and gathered Jose in the hallway. Together they stormed through the offices, offices still very much alive with lawyers in shirtsleeves and paralegals eating pizza and harried secretaries darting about trying to finish and get home to the kids. The mere sight of Fitch swaggering at full speed and the beefy Jose stomping after him made grown men cower and duck into doorways.

In the Suburban, Jose handed Fitch a stack of faxes, which he scanned as they sped away to headquarters. The first was a list of Marlee’s movements since the meeting on the pier yesterday. Nothing unusual.

Next was the recap of what was happening in Kansas. A Claire Clement had been found in Topeka, but she was a resident of a nursing home. The one in Des Moines actually answered the phone at her husband’s used-car lot. Swanson said they were pursuing many leads, but the report was rather scant on details. One of Kerr’s law school chums had been found in Kansas City, and they were trying to arrange a meeting.