Free Silent Justice by William Bernhardt Page A

he had to say.
    “First of all,” Ben began, “I want you to understand that you have my utmost sympathy. I really mean that. What you’ve been through was a living nightmare, something no one—no parent—should have to endure. But you also have to understand one simple reality. The courts cannot right all wrongs. In fact, I would say they can’t right most wrongs. They can handle locking up crooks, and they’re pretty good at resolving disputes that are simply squabbles over money. But this case is about more than money. A lot more. And frankly, I don’t think the courts can help you.”
    He saw Cecily stiffen. “Couldn’t we file a lawsuit for negligence? Or for wrongful death?”
    “Yeah,” Ben answered, “you could file it. The question is, could you win it?”
    “But the EPA report says that—”
    “The EPA report won’t get you anywhere,” Ben said flatly. “It probably isn’t admissible, but even if it is, it won’t help. It’s full of the usual cautious academic language. Possibly this. Most likely that. When you’re in court, you have to be able to prove your case. To prove it. By a preponderance of the evidence.”
    “But surely when the jury sees the map—when they see all the leukemia victims clustered together in one neighborhood—”
    “I admit, the map is very compelling. Common sense tells us this cancer cluster can’t be just a coincidence. But common sense isn’t evidence. In court, we have to be able to prove that Blaylock poisoned the water, and moreover, that the water caused the cancer. If we can’t do that, we won’t even get to the jury. The judge will shut us down before it ever goes to trial.”
    Ben scanned the circle of sober, unhappy faces surrounding him. He was not telling them what they wanted to hear; he knew that. But it was what needed to be said.
    “To even attempt to prove a case like this, we would need expert testimony—by the barrelful. And that is very expensive. We’ll need geologists, toxicologists, engineers, hydrologists, not to mention doctors. They’ll all be billing hundreds of dollars an hour for their time—plus expenses. We’ll have to conduct studies of our own, with our own researchers, so we can get them in as evidence. And we’ll need to somehow prove that Blaylock contaminated the site, something I can guarantee they won’t admit.”
    Ralph Foley cleared his throat. “Isn’t it possible Blaylock might agree to settle? You know, to avoid the expense and bad publicity of a trial.”
    “Is that what you were hoping for? Well, you can put that pipe dream to rest. Blaylock will never settle. Because if they did, every citizen of north Blackwood would turn around and sue them. They can’t afford to let that happen. They’ll fight this tooth and nail.”
    “That’s fine,” Cecily said defiantly. “We’ll fight back. Hard.”
    “With what?” Ben asked. “Let me tell you something. I know for a fact that the Blaylock Corporation is represented by Raven, Tucker & Tubb, the largest firm in Tulsa. I know this because I used to work there. I also know the Raven litigators are some of the best in the business. They know all the tricks. They’ll try to delay, to protract this and make it as miserable and expensive for us as possible. They’ll file frivolous motions, ask for hearings, demand pointless discovery, all to run down the clock—and run up the tab. This litigation will cost thousands of dollars—probably hundreds of thousands of dollars. Who’s got that kind of money? I certainly don’t. Do you?”
    Again Ben peered out at the sea of faces. No one was nodding. He didn’t need to be a financial whiz to know there were no billionaires in the room. None was rich to begin with—and all had just suffered debilitating medical expenses.
    “So basically, what you’re asking me to do is file a high-profile lawsuit that we can’t afford and can’t win. To run up expenses with no hope of recovering them. That’s why you