These wealthy developers, contractors and Lawyers were going to tear me up, I would think. Then I would take refuge in the words God gave us thru the 23rd Psalm. This Scripture had sustained me thus far and would continue to do so. But now here I was alone quiet and feeling defenseless, with a Gideon Bible in my hands. I will read the bible right now. I got on my knees , placed my face down on the bed, clasped my hands in the traditional prayer position and asked God to please visit with me. Help me and guide me thru this terrible ordeal. I asked him to help me throughout this trial because I certainly could not do it by myself. Then I sat upright on the bed and opened the Bible. It opened to Isaiah, the 25th chapter. And I began to read. What this matter is all about. (God revealed his plan to me in this scripture).
God was sending me a message, I had not contacted him about this matter at all, it was my problem and I could handle it. That was my feeling, but God was now stepping into the fray. He is telling me He made these plans long ago and they are faithful and true to his purposes for my life. What a reassuring first verse. I got down on my knees right then and asked for his will to take over this situation beginning right then
God is telling me and indeed He has already destroyed this place, I know that and now he is telling me that it will never be rebuilt, but they are trying to rebuild it. It will bring them down,
God will get the glory from this event. A strong people will glorify Him, and these ruthless corporations will fear Him. God is letting me know what the outcome of this event will produce. And that I will be a threat to them, and although I did not know how, I knew that it would happen that way.
God has been upholding me all of my life although I was not always aware of it. He has always had his eye on me, He has been my stronghold even though I knew it not. So many instances in my life could have brought me down but it just was not in God’s plan. That failure should overtake me was not how this event would end. There were ruthless attempts to overtake me, to cause me harm or to bring a charge against me, but not as God has planned, and so, even though there was a storm coming against me, it would work into God’s plan as a sign to me of God’s presence in this event, and it would work to my advantage, and it did. Indeed there was a storm, Hurricane Juan, in late October of 1985 and it was on it’s way, this is almost unbelievable, but it is true, it happened to me. It was later in the trial but so incredible, You will get chills when you read it.
This took place on the first day. As I was taking a lunch break, . the song of the ruthless, The owner, threatened me with these words “I will bury you, I will break you and will own you” these words actually were a confirmation of what God was telling me, He will subdue the prosecutions case and leave them put down, laid low and defeated. My only comment in response to the threat was “ "that may be, you can try".
This verse to me was God’s reassurance that this was a victory to be enjoyed, savored, and richly remembered. And so it is. But more than that. It is God’s victory worked exactly as he would have it, and it was his party to begin with, He is the LORD of Hosts, The great I AM planned and instituted the event, and invited those to whom He wished to demonstrate his plan.
He will remove any doubts. And sins that are forgiven will be swallowed up, never to be remembered, all who believe are to be freed from the grip of Satan’s power over them, My own doubts are cast off , and even though a veil of doubt is cast over my ability, it will be removed by God’s power in his own way. And all will know it.
Victory is assured, and joy is made to return, ceasing all tears. All the doubts cast upon my work will be removed from everyone’s memory. It is His Will that is to prevail. He has spoken it.
I am already celebrating His victory in this suit because He has saved me already, and He hasn’t even started yet. I can’t wait to get going now. I am savoring the challenge because I can hardly wait to rejoice in His salvation. All will know it and it will be sweet.
This lawsuit although very expensive for me will be a perfect example of what God can do in the lives of those who depend upon His plan for their salvation. The way in which he has built my confidence, given me insights into the workings of the Holy Spirit. I sought the Lord and he delivered me. It was not about me, but all about what God can do and how he uses the simplest of people and events and works in the simple execution of His Justice. This man (the owner) and his contractor , who brought the lawsuit to my door, will suffer because of his pride and his greed.
When the owner, The First witness called, took the stand to testify he began talking and just would not shut up. He managed to destroy his own case in three days time. He was as a swimmer drowning in a sea of pompous and pointless stories, covering tale after tale, trying to justify his case hour after hour. I could not believe he was doing this. And his lawyer could not stop him. He was ruining his own prosecution. He spoke his heart, he lied when necessary, but the basics of his story were true and factual. But he also was exposing himself to attacks by his opponents, me included.
That is actually what this suit is about, the building walls are failing, falling apart. And that is exactly how it happened. There will be instance after instance where both of my opponents teams of witnesses testified to events and circumstances which would serve God’s purposes for the destruction of their positions. Especially where the testimony was elaborated against my work. These men are on unstable ground, in a pit of quicksand and they literally think that they can shift the blame to my design.
So easy to set my soul free from concern, to see it written in the word of God. It is so reassuring to know that one has such a formidable strong defender a savior. I began to feel joy rise up within my soul. No longer fearing anything, I looked forward to this learning experience to which I would with God’s help be a tool working by the hand of God. And justice would be the proper result and God would see to it. This is going to be exciting. But time away from my work was costing me dearly.
Who, Who, Who are you? (God wants the opposition to be worthy). The week opened with the various parties involved in the suit showing up, with their witnesses and reference material and exhibit books. A plethora of material and a serious group of men with negative purpose in their hearts. The law firm of Glankler, Brown, Gilliland, Chase, Robinson & Raines, the plaintiffs in the case, represented by Barry Ward, listed in the impressive group of Super Lawyers in the U.S. a very experienced trial litigation lawyer, and a Graduate of the Memphis State University, Cecil C. Humphreys School of Law. A very professional and intensely serious young man who set about to build a case against the Architect and my design ability and the architect’s defective designs for this project.
And representing Wilson P. Abraham the developer(and owner), The firm of Steeg & O’Connor by K. Eric Gisleson Esq. An upscale high profile attorney. Mr. Gisleson graduated from the University of Notre Dame in 1964 and received his juris doctor from Georgetown University Law Center in 1968.He was formerly employed with the United States Department of Justice in the Organized Crime & Racketeering Section during the years 1968 - 1977 including Attorney-in-Charge with the New Orleans Strike Force from 1973 to 1977. He was promoted to Deputy Chief, Public Integrity Section, Department of Justice, Washington, D.C. and acted in this capacity from 1977 to 1980. Mr. Gisleson was employed as Vice President, Administration and Special Counsel to the Ingram Corporation from 1980 to 1983 where he oversaw litigation and compliance issues involving a large multinational oil, gas and shipping company, and worked with another law firm in New Orleans from beginning in 1983. . Mr. Gisleson had extensive experience in environmental litigation and compliance, including one of the largest civil cases ever brought by the USEPA, as well as involvement with federal and state agency compliance matters. Mr. Gisleson’s construction law litigation experience includes: Major structural integrity issues involving competing allegations of design and construction defects of a major New Orleans downtown office building (architectural and civil and structural engineering experts). Mold and mildew issues of a large apartment/hotel complex in Baton Rouge (architectural, climate, health, and engineering experts). For our present owner developer, "the prosecution"
Sitting next to me in the courtroom was another of God's choices, representing the structural engineer, a lawyer by the name of David E. Walle, strange such a name, and an "esquire" as well. Walle, and this lawsuit is about walls. A coincidence? Well yes I suppose so, but still a bit of a strange coincidence. A New Orleans attorney, friendly and outgoing, a nice man, for our side. I mentioned to him about the matter being in federal court and why was that the case, and he spoke these words to me. This is a serious case of major proportions, the judge is a federal district judge. You will do well to respect his authority, it extends beyond civil and includes life, death, and federal prison time for certain crimes. I was later informed the matter was considered a crime if criminal neglect, and could include a prison sentence. Wow. He also advised me to wear a suit and tie, formally address him as "Your Honor" and "if the court pleases"or "if it pleases the court" and always to remember that this is not "a"courtroom, it is "his " courtroom. Good advice which I understood and heeded as well. My opponent the contractor was dressed in blue jeans, a golf shirt and three hundred dollar Rebocks. not a good choice. The owner was dressed in a suit and tie, respectful of the court.
The lines are drawn. (God can use every purpose in mans heart ). There is more; The plaintiff’s team of witnesses included
Dr. Ray W. Brown, the professor of the School of Engineering at
Christian Brothers University, a man who was charging the contractor a thousand dollars a day and expenses. This was a ridiculous waste of money and I knew it would be only a day or two before he was gone. No one wants to extend the expenditure of that kind of money for very long, especially not
the contractor. The professor would add commentary and negative remarks under oath, comments regarding my engineering design. He proved to be a consummate liar, and while under oath. There would be more as to the witnesses and persons who actually performed work on this disastrous project, but suffice it to say we are dealing with the best in the business in each case. And even the highly trained are capable of bending the truth when it suits their purpose. That purpose being money. And that would become evident in this trial.
So you can see that this lawsuit has filled the courtroom with a formidable force. There will be no incompetent representation on the side going against my strong defender and it will not be a question of whether or not they are armed with knowledge. There is more than enough experience and expert witness to prove a point. God wants there to be a maximum enemy position fully capable and competent, with no defects., and will prove his just and powerful truth, using the enemie's positions and fortifications against them.
This is how he works, all throughout scripture and biblical history. And so it was in this case. In fact, it is carried to the extreme by God having me completely and utterly without the first inkling of any human form of help. Not even a lawyer to represent me. My lawyer quit,although I had paid him in advance to represent me.Yet he had other plans, which were going to take him out of the country. And he had no desire to even want to defend me, or even get someone (another lawyer) to represent me. He petitioned the court that I might represent myself. His advice: "Just tell the truth" and recite your position when it comes your turn. You know more about what has happened than they do anyway. I have petitioned the court to have you represent yourself. Don't worry, just tell the truth. That is all the advice I got from my lawyer. 16 letters in those words, at 100 dollars per letter.
Then of course there’s me. I have no resume , no college, no law degree, no law experience and no desire to be in court, but with God’s help, this is going to be right in my wheelhouse. Little did I know how much it would be mine. God would give it to me. God would give me the power to make these mighty men of much pomp and circumstance fear the very mention of my name. They would panic at God’s mastery of my technique and how he allowed me to control each, subject under question. I begin to feel what David the young shepherd boy felt when preparing to do battle with Goliath. And just as Goliath, these men do not have a clue as to what is coming. Nor do I, all I know at this juncture is that I am surrounded by a very competent hoard of adversaries, the enemy. And I know with confidence that they will soon become my targets in a battle of words, situations and concepts which God will pick, apart one by one, and without any form of a defense as yet. His plan began to be evident to me when the Judge Addressed me with the remarks "Mr. Miller, Your attorney has filed a petition to have you represent yourself, and I am going to rule on that after I hear what you have to say today. Little did he, or even I know.
It would amaze them and as they would comment later at one lunch break, Where did you get your law degree? What law school did you attend? Similar questions I would imagine went thru the minds of the Philistines when David pulled his sling and killed Goliath. Where did this upstart come from? What wars has he fought? David’s victory was a permanent solution to the immediate problem. For David cut off the head of his enemy. God does not provide temporary victories, (as well this court would later define) and this victory is not temporary, once it is done, Jesus Christ becomes the solution to all our problems from then on. The head cannot be reattached To Goliath, and once Christ has been accepted as your salvation, The head has been removed from your sin, Your salvation has been assured. Just as David’s victory was never retracted. He was God’s Chosen and nothing could stop that for which God had chosen him. This is how I felt. And so they would fear me in that courtroom. It began to be clear to them that this was a losing effort for them. I could see it in their eyes, and with every breath I grew stronger and more confident. And the judge began to realize the outcome very early in the trial. It certainly was obvious to me.
The Battle begins (Satan stakes his claim). The testimony of the first witness begins, a mistake in my opinion. It is Wilson P. Abraham, a man who is proud and haughty and one who cannot stop talking. He should know that constant babbling is one of God’s weapons. God has me stripped down to one person but there is a friend. David E. Walle esq., Attorney at law for the structural engineer who was dismissed with no responsibility the first week. This friend David ( the apple of God’s eye) and I have no relationship but he has a few comments for me as we proceed. Offers of advice on conduct in the courtroom, offers of how to dress, how to pay respect for the court, when to speak if needed and how to address the court. This is from Mr. Walle Esq. Recall how God uses walls throughout the Bible. This Lawsuit is about walls, and this is Mr. Walle, an instrument of God, doing God’s bidding. That seems fitting. Anyway he tells me to dress properly, suit and tie. Street shoes, not tennis shoes or $200.00 Air Jordans. Judges are not impressed with street smart dress or speech. They are impressed with decorum and those who respect the court's authority, and this Judge has that in this case. He is the judge and the jury. He will be the deciding factor, God put a devout Christian man in charge.
There is no story that I could imagine that would be more interesting than this story of God working his miracles in this epic trial for millions of dollars against insurmountable odds. No possible victory seems attainable to me, except I have already been apprised of the consequences to be spread upon my enemies. I definitely do not want to miss a moment of the engrossing testimony This is most entertaining and very engrossing. My energy level stays high and endless. My sleep is uninterrupted and my rest is secure. I study the notes I have taken after each days testimony, prepare questions for the coming witnesses, and plot my strategy until midnight each day, then a prayer, then sleep.
Prior to Mr. Abrahams being questioned by his own attorney, for the purpose of his exoneration, the judge explains one curious requirement that will be imposed on all participants in this trial. Anyone who wears glasses must remove them when testifying or when being cross examined. For reasons, as explained by the judge, so that he (the judge) can see their eyes. The truth cannot be hidden behind eyes that can be scrutinized, and liars cannot hide the truth when eyes are revealing their lies.
There are many sidelights to take place in this story and I will touch on some of them later. As the day wears on, and Wilson Abraham keeps up his continuous blather, I am writing every word that is spoken, by the attorney Barry Ward, and by the defendant Wilson Abraham. And Mr. Abraham is a wealth of information. Talking points are ongoing, sentences turning into paragraphs, and then into page after page of meaningless blather but all the while providing the foundation for almost all of my defense. My writing skill is minimal as far as neatness goes, but today it is plain and concise and I am getting every word, I am writing faster than they are speaking and have a deftness of hand and fingers which I have never before had, I am finishing their sentences for them before they speak. I am amazed . Where does this skill come from, I have never had this capability before now, and by reading what I have written, I can recall almost word for word the whole day’s testimony. This is bordering on intense almost captivating fun. And to think, I will be permitted to cross examine these witnesses. They are helpless against God and it is so evident to me that they cannot stand against what God has planned for them. I can hardly contain my enthusiasm. To me, It is a very thrilling ride on a chariot of fire that I will deliver to my adversaries and will witness their futile defenses burn away like the the chaff in a wheat field. They are defenseless against what God will bring against them. And they do not even suspect it is coming. But I can see their demise after just the first witness.
Getting acquainted ( God makes it clear very quickly. ). After a full day of testimony, questioning and answering, and elaboration by Mr. Abraham, the whole scenario is laid out for me. This man may be good at developing construction projects, but he is very lacking in his ability to speak clearly about his work. But I really believe he is innocent of any wrong doing in this project, he has been taken advantage of by a charlatan, being sued by a very evil and greedy man. The first day is over and my notes have recorded the whole day’s testimony and my review of the day enables my innocence. And something in the deep recesses of my mind tell me there is nothing to fear and everything to look forward to. Indeed there is nothing I need fear, God is my strength and my defender and even though, innocent as Mr. Abraham may be, accused of wrong doing in this project, but he is the one who should be offended, It is his property which the contractor has rendered uninhabitable, and in fact it is almost in a state of total demolition, and he is having it rebuilt, at great expense I might add.
God has a purpose for this event, not just for me and not just for my adversary, and he is going to work his purpose in all of us and will do so on his time frame.. So too will all the other participants in this monstrosity of a lawsuit get to experience the God delivered judgments that come about as a result of this lawsuit. This just serves to remind me of the folly of mans desires. There is none good, no not one. As this day ends. I go to supper at the motel.
I notice it is full of older men, all sort of a group of friends, strange I thought, maybe it is an old men’s hangout for supper. Oh well, a good meal and a really good desert, the cooks specialty. I go to my room study the days testimony, make copious notes of the days events have a prayer, the 23rd Psalm and then I fall asleep around midnight thoroughly tired and needing rest.
The morning came quickly, I showered, dressed and went downstairs to breakfast. A real treat awaited me. This motel was home for a number of older men who loved to sit and talk, I met a group of them and had a pleasant breakfast, conversing with them and explaining my plight. They were sympathetic. I have won some new friends, a very present help in this time of trial.
The truth comes out quickly (Satan is no match when going against God) Off to court and another day of testimony from Abraham. This was just more of the same. Except on one subject he began to be a bit more explanatory. The subject of added ventilation which was a key piece of work that had been added during his half million dollar renovation. Abraham had previously testified that his engineers recommended that he cut new ventilation shafts in eight different locations throughout the project for strategic ventilation for the project apartments, since he had approved the use of ventless washer dryers and the humidity would be somewhat higher due to the ventless dryers. He indicated that it would not be a problem since the dryers had a humidity collector fitting and would not add to the humidity in the space. But they cut in the shafts anyway and without consultation of a structural engineer and without the city's inspection team for approval. When questioned about the specific need for this work to have been part of the original construction he explained that he did not anticipate any problems and since it had been accomplished it had been ineffectual anyway and was not needed, in fact he said" I wasted my money doing that, the design that Mr. Miller has done would have worked fine if the walls had insulation in them.". This renovation also included a wall removal to increase the public lobby area. This involved the removal of a structural wall which was supporting the weight of three spans of concrete floor above it. This too was accomplished without a structural engineers approval, and or the city inspectors approval This left a highly dangerous structural condition as well.
Then later in the day, testimony from the Architect who had denied having a relationship with me. When it came my turn to cross examine, my first witness, he admitted not remembering me but admitted having certain other projects which I knew about because during our time of design on this project he had asked me for pricing on other projects, so much for that issue. He knew me and I knew him and certain of his draftsmen, we had a relationship, and he paid me for my work on the project we did together. That lie defeated, “that he did not know or have a relationship with me. I was indeed his paid designer of the systems that were correctly installed for plumbing and heating and air conditioning. Perfectly designed, and perfectly functional for the work intended. As long as the building is correctly built.
We break for lunch that is taken on the entrance steps, beside the statue of Justice. That is when the threats were poured fourth on and against me. They will “own me” .This I discharge as a stupid remark as they do not understand one thing about me. God is doing this case, He is just using me as a tool to bring them down., Give them their comeuppance so to speak. After lunch that same day, I was rewarded with an enlightening piece of testimony, actually, the key piece of testimony upon which the trial would turn.
From the mouth of my adversary’s witness quickly comes the admission of what this trial was about. The exposed walls had no insulation on them or in them. The Truth is out. The walls of each tenant space were set in a sawtooth pattern so that about 8 to 12 feet of the sidewall, and all of the front wall would be exposed to the weather. The front wall had a double insulated window as well as the front door, and would be draped inside which helps against cold weather and shades against the sun in hot weather.
But the side wall, which is exposed to the weather has no insulating material to shield against the cold or the heat. Every one of the 144 rooms had this uninsulated wall. I will not go into the details of how that condition affects the room except to say it was a construction error. No room built for human habitation which has an exposure to the weather should be built without insulation to help guard against heat or cold. But this project has 144 of them totally unprotected from the weather. This testimony came from the contractor’s project manager, who admitted that he could not figure out how to put the insulation on the wall. This from a man who has built at least 100 or more motels and apartment buildings for all types of weather. Most of them motels with all rooms exposed with at least one wall to the weather. This is for me, not believable, but is taken as testimony under oath, from an experienced construction superintendent who “could not figure how to install it.” And I should mention that since it was not installed, It also was not bought, nor did the contractor have to pay the $60,000 to buy it, or pay the labor to have it installed. It was however a vital part of the weatherization for this project, that was deliberately and criminally neglected, and no one was any the wiser at the time it was done, as the Architect nor the building code authorities were apprised of the error. And of course, the heating and air conditioning engineer also was not apprised of it. Had I known, I would have stopped the construction in it's tracks, and had the matter resolved. The Contractor,
McMurry did not want it known, as he pocketed the $60,000.00 that he did not have to spend.
This is how they set it up, His construction foreman who has actually accomplished the work of building walls for over a hundred motels will take the hit for the 60,000 dollar omission of insulation. Wow! What a savings! My thought is that the estimate prepared by one of his estimators,(probably one of his brothers) failed to notice the sawtooth feature with the 12 foot wall exposure, and left it out of the estimate. This was the contractors way of getting through that without cost. Or on the other hand, he would pick up and extra 60,000 by simply not installing the insulation. This Contractor is famous for doing this, saving his clients large sums of money, and keeping some for himself
Testimony continued in this vein for a short time then the Professor of Engineering in Memphis was put on the stand and asked if insulation was important part of the construction of a building, for temperature maintenance. He said” Only with respect to the time, left alone, the temperature in a space will equal that which is outside the space in time.” Well duhhh. Anyone knows that to be the case if one just stops to think. In sustained cold, even the best insulation will eventually fail. The reason for using insulation is so that the time it takes will be extended in order to add heat to the space which cannot be quickly dissipated because of the insulation, which is holding the heat in. The same goes for insulation used for cooling the spaces. He then went on to comment on the fact that I was not a licensed engineer and that the engineer that signed my work was not present for examination. He failed to mention that the Baton Rouge Mechanical Code does not require a designer to be licensed for engineering expertise unless the capacity of the a/c system is rated over 10 tons. This is not an unusual law in mechanical design of air conditioning systems, and of course he did not mention this fact, as it would not enhance his testimony. He has already demonstrated that he will shade the truth with his own definition, thus perpetrating the lie, about the need and the purpose of insulation. He cast aspersions on my ability and my experience as well. He was not cross examined by me or anyone else. My reason for not engaging him in cross examination was because I already knew that he would tailor his answers so that I could not get to the truth. The man was a liar and I knew it. My ego was bruised and I wanted to retaliate, but something told me to hold back, (vengeance is mine I will repay sayeth the Lord) so I kept still and quiet. This man obviously has only a few scruples and they can be bought for $1000.00 per day.
The day closed with some more incidental testimony. This time a drywall contractor who knew of several "Abraham" projects and additionally some of the architects other projects. He was quite familiar with the vertical shafts in this project as well because he had done the work and had installed the drywall around the shafts, and had installed the grilles and the roof exhaust fans. When I asked him about the invoices totaling $84,000 dollars he indicated that the amount was for eight shafts. When I asked him to produce the material and labor cost breakdowns he said, "They are locked up in a warehouse in Shreveport and cannot be retrieved because they are impounded by a local court, and there has been a fire and they may have been destroyed". At this point the judge stopped the proceedings and announced that he was removing his robe and would speak to us off the record.
The Judge stepped from behind his desk and took off his robe and said as follows, "You will recall the orders that I have subpoenaed all paperwork all files all payroll receipts and such, any data pertinent to this trial. You are hereby directed to go to Shreveport and get this material and if it is not produced in this courtroom tomorrow without fail, You will be put in jail until it is produced in this courtroom. Do you understand what I have just said? ” That statement caused a distinct personality change in each member of the Abraham team and a flurry of activity of searching for building certificates etc. The day ended shortly thereafter and we were dismissed for the day. The witness was sent on the errand to recover the locked up receipts and other paperwork as was relevant to this case. With the threat of jail if he was not successful.
Back to my Motel for rest and review of the days testimony. Supper with the group and a review of the days events for the old guys who by now are taking an interest. They all want to hear about it and it helps me relax. It is my group support team. Giving me what I need. A short diversion among friends who are interested and supportive of my cause.
This night I hear a hurricane is coming, I am in my room and it begins to rain and the wind begins to blow. I open the door and the wind blows the rain in my face, this is serious. It is hurricane Juan, the earliest part of the storm making land here in the middle of Baton Rouge. I can feel God doing his work This storm will bode ill for the Abraham team and it will bode well for me. I don’t recall why I thought that except for the Biblical story when Jesus was asleep in the boat with all his disciples and a storm began to threatened the boat. The disciples awakened Jesus and he calmed the storm. Jesus was however very upset with the fishermen who had so little faith. I myself felt the calm, and imagined that tomorrow would be an interesting day. Something was about to happen, I did not know what it was, but I knew it would be God's work. More study and preparation then a prayer and to bed.
This Courtroom is mine( God sees to that in no uncertain terms). Testimony will continue today Wednesday, It is raining, wind is blowing and I am parked across the street, not too far to run without getting too wet. But the worst is yet to come. It is raining and the wind is blowing it horizontally and signs and flags and anything exposed to this storm is being tested. I make it across to the courthouse and into the courtroom. I am usually there among the first to arrive and today is no different. Testimony today will include more testimony from the drywall man on the invoices and a report on the city's inspections, a construction scientist from Dow Chemical Co., and a local Architect testifying on building code issues. I will cross examine each one of these witnesses, and I have my questions already prepared, and I already know the answers to each question.
We start with the drywall man, he has brought two suitcases full of paperwork and invoices, signed checks and as we would later learn, incriminating evidence, This testimony went by quickly and we then recessed to examine the contents of the suitcases. This will prove to be very interesting and enlightening, for the opponents of Abraham, and very disturbing for Mr. Abraham himself. The payroll records and such were very incriminating evidence of some money transfers which are illegal. I mentioned to Mr. Barr that this was going to be interesting, overheard by Mr. Gisleson. After I made that remark, Mr. Barr just turned away giving me a disgusted look as if to say, “What do you Know of such as this.” But Mr. Gisleson , The already famous lawyer, and Notre Dame graduate, simply looked at me and said” Yeah, well it ought to be, because you have the “smoking Gun” That term in lawyereze means that someone has come into play in a trial and shot down every presented piece of evidence, and is still smoking hot to continue. I guessed that they could see it in my demeanor and hear the confidence in my voice. Although, a smoking gun could be evidence of guilt as well. Which was it? I did not consider it anyway. After several cross examinations and dismissing each of the witnesses testimony as totally feckless. We dismiss and do not reconvene for two weeks.
I go home and on the following Monday I meet with my attorney to go over the events to date. He seems pleased with what I have done to date and gives me advice on how to build and present my exhibits. There are several of them and I put them in a 3 ring binder in chronological order, and have a brief explanation of each. I also mention to him the remark made by Mr. Gisslesson. He looks at me with unbelieving eyes and said "what, do you know what that means"? then he explained that when an attorney uses that phrase, he is admitting that someone has given testimony, or conducted a question and answer event which has literally shot down all the evidence thus far presented. Well, That made me feel good. The weeks pass quickly and we reconvene.
There was another witness, an Abraham team construction inspector by the name of Raoul . In my cross examination of Raoul, I had the opportunity to ask about a building official giving official written approval of a certain ventilation product for use in motel and hotel construction. Approval by official letter from a code official having been signed by a building inspector approving it’s use, he exclaimed “ he is dead, so we cannot know if he approved it or not.” It was not disputed though when he was asked again about the document, was the officials signature on it, the official’s signature? his answer was “I do not know” then again could it be his signature? “I suppose so, but he is dead now. “ but was he alive when it was signed?I asked with a strong emphasis on the alive. “I suppose so” was his answer. Not too difficult a job, dragging the testimony of truth out of a witness. This was going to be fun. Continuing on with Raoul, I asked if any of the city's inspection team had been called in to review the structural and electrical changes to the building during the half million dollar restoration. He admitted that there were no inspections that he knew of and that he couldn't think of everything on a project this size. Upon further questioning of Raoul about the fire protection conditions that had been breached by the cutting of eight continuous vertical shafts thru the floors and ceilings of each location, forced him to admit that he did not know if it had fire stopping devices installed or not, and that he knew of no fire inspection approval. Then as these matters were noted by me as a matter of public safety and life threatening conditions, and that no building permits or fire officials inspection certificates could be produced at this time, the Judge called the proceedings to a halt. Explaining that these documents must be presented or this trial will end.
And this is what he said, paraphrased. " Each morning I get up and go out and get the paper, come back and sit at my kitchen table, have my coffee and read the paper. If I do this one morning and happen to read that this building has suffered a fire or a structural collapse and there are no inspection certificates, and evidences of this renovation to be found, He (the Judge himself) would be held responsible for letting this matter go on without remedy. So here is what you are going to do. You are going to produce in this courtroom tomorrow without fail,, Inspection certificated and Fire Marshall's approvals and material and labor costs and invoices or there will be several arrests for contempt and criminal neglect, Is that clear or do I need to write that down. The Abraham team began to panic, they have never been confronted with someone that makes them look absolutely incompetent.
Enough of that for now, so we come to the matter of the building certificates and such. The Abraham team produced enough evidence to satisfy the judge who was also promised more certificates of approval, which satisfied the court and we proceeded then to Mr. Barr, the chemical engineer from Dow Chemical, whose specialty is insulation in home building. He as been involved with and has built and insulated homes all over the world for the purpose of testing insulation and its effects on home heating and cooling in every type of climate and temperature known to affect building construction. From the coldest to the hottest. Needless to say this man is well qualified in his field of endeavor and can be classified as expert. He is testifying as to the effect of having no insulation in the walls of a building for human habitation. It is deemed a mistake to have no insulation. Further discussion is proffered as to the effects of having visqueen, an impermeable plastic film on the interior of walls, just under the drywall finish board. This too is deemed a mistake, The walls must be allowed to breathe. What a terrible consequence for the contractor, to have this testimony come out at this time, It practically destroys his case. And makes mine. How could a man knowing what he had done in leaving the insulation out of these walls then continue in this almost unconscionable act of involving me in this lawsuit? The only answer that fits this situation is what fits all dismal failures. God is out, and man is stupidly pursuing his own will, and anyone thinking otherwise be damned.
However under cross examination the course of the questioning changes from insulation and wall construction to room temperature and humidity and ventilation. These rooms had only minimum ventilation and as such, they were susceptible to fewer air changes and this would have an effect on the quality of air in the space. And they had ventless dryers and ventless range hoods. The air quality will be affected for a certainty. Thus it becomes a prerequisite to have good temperature control. So what happens is the air becomes humid in the space. We had this ongoing discussion of room temperature, and humidity. The owner is the victim here, that is evident. But that is his own doing. He insisted on this project having minimum roof and wall penetrations, even for ventilation purposes. And as well, the air conditioning was doing it's job satisfactorily in the warmer months. It was dehumidifying and cooling the air in the space to the tenants satisfaction. It was only in the fall, when the temperature dropped into the 50's and lower that the heat came on and drove the moisture to the walls, and having visqueen behind the drywall, It just turned to moisture in the wall, and mildewed causing the drywall to become saturated and then causing the drywall to fall off the walls. This was brought out by me in my cross examination of the Dow Chemical scientist. We simply had a heat & humidity discussion, question and answer session on the stand, wherein these conditions were explained by the scientist simply answering my questions about how that condition happens, and in this case, why it happened.
Then my absolute confirmation of my (God's )victory in this trial, as I have previously mentioned, Hurricane Juan was attacking Baton Rouge and it was getting fierce. Suddenly the lights, and all power in the courthouse failed, the lights went out, and it became pitch black, but within seconds the security emergency lights came on in the courtroom. It was an instance of unbelievable clarity. A light over the judges desk came on, flooding him and his awesome presence with pure white light of truth. And another light, the second one came on. Out of about ten of the emergency lights, only one other came on, shining straight down on me. Only two lights came on, the one over the judge, and the one over myself. Pitch black darkness interrupted only by these and only these two lights. The truth lies with the judge, and is with me as well.And even the Judge knew, the only two people in the room that have any grasp of the truth at this point in the trial, were the Judge himself and me. The witness, Mr. Barr is not at all disturbed, and is just sitting there in the dark when the lights and power come back on. We break for lunch. After lunch the storm is still raging and does not appear to be a damaging storm only high winds and rain but non threatening. We recess for the day.
We reconvene the next morning and I have a chance to question this extremely aware scientist who is a wealth of information. I ask him about certain aspects of heating and cooling and then get into a single aspect of this trial. My question; Is insulation good to have in walls of buildings built for human habitation? His answer. “Yes.” I then ask why that is such a desirable condition. And he responds with a complete and easily understandable answer, clear and concise with no equivocation. I asked him did he understand the basis for the drywall falling off the wall when the Summer was over and the heat came on one day in the fall. He explained why the drywall fell of the walls of the building, It was because there was no insulation behind the drywall, but there was a thin plastic impermeable film which prohibited the walls from “breathing”, which did not allow moisture in the room to be pushed outside thru the walls. I.E. In summer the moisture in a room is pulled into the room and drawn to the air conditioning coil where it drips into a plumbing drain. In Cold weather the opposite is true, The moisture in a room is pushed out through the room walls by the heat generated by the heating system to the colder atmosphere outside. Then we get to ventilation, and I ask a simple question. If all the air is exhausted from this courtroom, where does the air come from that refills the room? His Answer. “From outside” and my question. Having a humidity of 87 % how will that air affect the air within this room as far as the humidity? His answer. “It will be the same.” I announce as follows; “And so there it is, the truth about insulation and ventilation, in less than 5 questions. That is the complete basis for and answer to this lawsuit. These are not revelations, they are basic principles of weather and it’s effects on buildings. They haven’t changed since God created them on day one. I have no further questions.” The witness stands down. The courtroom is silent, no one speaks a word. This is not a difficult case.
Then we come to the local Architect who is to testify as an expert witness as to code compliance. He is quizzed on ventilation for bathrooms and explains that these bathrooms are not code compliant. This is of course not true. Baton Rouge is not a large metropolis and consequently it has a very short order of laws in it's building code requirements. one of those requirements that does cover thoroughly is the subject of bathroom ventilation, and it just so happens that Plumbing and ventilation codes are one of my specialty subjects. The ventilation of these bathrooms is not only code compliant, but is of the most recent design and it was quite easy to prove this man incompetent as I gave him the very subject code reference to ventilation to read and he had difficulty understanding it, so much so that he declared that he was not up to date on recent newer code requirements and systems, He soon acquiesced and admitted that he was only familiar to codes as apply to architectural matters and was not actually qualified to even read the mechanical and plumbing codes.He was completely and thoroughly inept, and I had only asked that he read two building code references. He did that and then reiterated that he did not understand what he had read. So much for the local code expert.
My God had given me a victory as the opposition had sent an inexperienced architect to do a professional code interpretation and he couldn't even read the law which covered the subject, and had no concept of ventilation beyond raising and lowering a bathroom window. The witness is excused and leaves the stand with some remark about his lack of experience.
My designs are not faulty and the building codes govern the systems installations. This is a construction error for which McMuzzy is trying to avoid responsibility. The trial is recessed for the day, the Witness is excused and it is Friday. We are to go home for the weekend, and come in again Monday morning at 8:00 am.
The judge asks the prosecution if they have other witnesses, they reply in the negative. The judge asks me if I am going to testify, I answer in the affirmative, then the judge asks if I plan to call any Witnesses, I answer "Yes, Mr. Abraham and Mr. McMuzzy". There are stunned looks on the faces of the prosecution team, and McMuzzy's lawyers, and McMuzzy is turning pale. I know what he is thinking, he is afraid that I will expose some more of his underhanded project shortcuts which help him build fast and furious, with reckless abandon and come out with inordinate profits at the expense of other contractors and owners as well. I hear them whispering about the possibility of having to deal; with me for another week or two, They dread that occurrence. With that I go into the law offices of the court and issue the subpoenas, then I get in my car check out of the Motel and drive home. On the way home I get a ticket in Mississippi for speeding. Something tells me that this ticket marks the end of this saga.
As I continue to drive, my mind picks up a notion that this trial is over and it will be confirmed to me before midnight. This is the absolute truth and as weird as it sounds, I was awakened at 11:55 pm from a deep sleep, It was the no name contractor calling to tell me that they had just settled the case, he did not get his quarter million and Abraham will keep it to help defray his restoration costs of half a million. The case is over, I take a last look at the clock, It is 11:59. There is a God.
The smoking gun
