What
happened that caused me to question what GOD was doing in my life?
Why did this happen to me? How did it start? What purpose does God
have in mind.
I
am a Christian, I was a Sunday school teacher, a deacon and an elder
in the Presbyterian Church, I had grown up in the Presbyterian faith.
My life began to change in 1966 when I took employment with a
prominent plumbing contracting firm. A firm that worked all over the
country building plumbing systems for motels and private
developments.
I
then began to acquire plumbing expertise in the matter of studying
for and submitting to plumbing licensing exams all over the United
States. I built a reputation for estimating and acquiring plumbing
design and construction projects all over the U.S. My experience was
extraordinarily diverse and comprehensive. I became an expert in the
work of plumbing design, estimating, code review, plumbing law, and
plumbing engineering and construction. After three years, and one
relocation, I had accomplished as much as some men do in a lifetime
of experience. Then without any notice, the firm split between two
partners and closed their doors. I then had to look for work
elsewhere.
In
1969 I had taken a job with two friends, Jason Rucker, and his cousin
Kendrick Rucker. Two friends. The two of them had worked for the same
firm that I had, at the same time. In this new firm, United,
Contractors, Kendrick was a prime employee of the company, and Jason
owned the company. They had a couple of motel projects and the work
was being managed very well and seemed to be very successful. They
were operating an aggressive plumbing and HVAC contracting firm. I
was hired with the full intention of a long and loyal hard working
relationship, and my talents were to be used in much the same way as
any other construction manager/estimator, except that I had been in
the work force much longer than either of them.
I
carried licenses in roughly twenty two states, I could design and
draw plumbing, and HVAC plans, and I could pass any license exam in
the country without fail. I was hired to give the firm a more
aggressive and wider ranging ability, and we could manage and bid
over twice the number of projects that were presently being handled.
Another
employee, would
grow the company more rapidly, and provide us with a wider ranging
field of endeavor. Jason was the primary personality in this
arrangement, as he was the founder and sole owner of the company. I
had no reason to think that this would not be a good and long lasting
relationship. Little did I know, and much sooner than reason would
expect.
Then
it began to dawn on me that this was not going to work. Jason Rucker
was a control freak and it began to become apparent that he (being of
the Mormon faith) had decided that both Kendrick and myself were to
be his Cause Celebre. It became his obsession to make Mormons out of
the both of us. With myself, it might have seemed to him as possible
as I was a Presbyterian, which he thought was an insignificant faith,
and could easily be swayed. In his mind, any Presbyterian was fair
game, and he determined that I needed his faith, as he knew something
about the Bible and of my faith. But with Kendrick it should have
dawned on Jason by now that one cannot make a silk purse out of a
sows ear. Suffice it to say, this was to become his downfall. We at
this time in our relationship had no inkling though of how bad it
would get before the final bell would bring it all down. God was
doing a work in me and I was to be the instrument of his just cause.
God would bring this to a conclusion such as I could not in my
wildest dreams ever have imagined.
To
put a perspective on it so as to make the picture clearer, Jason had
wanted a Plumbing license in the State of Kentucky, as we had an
opportunity to obtain a project in Hopkinsville, Ky. Which would be
our first in that state. Licensing in Kentucky was very difficult to
earn, as the exam was a very difficult one and the Inspectors and
proctors at exam time are very prejudicial. It is not uncommon that
anyone doing business and taking this plumbing license exam would
fail and thus could not re apply for another year from the date of
the first exam. Jason applied for his licensing exam for qualifying
his firm to perform a plumbing project in that state as the project
was ours if we could become licensed. He flew to the state capitol
city of Kentucky, Frankfort, checked into his motel, and spent one
night reading over the Plumbing Code rules and regulations governing
the installation and maintenance of plumbing construction in the
State of Kentucky upon which the exam is based. He took the exam and
failed to qualify, thus leaving his firm in the position of losing a
lucrative contract.
When
I hired in, it was my responsibility to obtain qualifying licensing
in any jurisdiction where it is needed. This was my first occasion to
do a licensing exam for
this comp-any,
and so I applied for and took the test and was immediately qualified.
It was not a difficult task and my score was 97 out of a possible 100
points. Then we secured the contract and the project was started. I
managed the project from start to finish and we made a good profit.
But the real result of all that was, that by passing the exam
successfully I had caused Jason to have feelings of jealousy and envy
and what’s more, he even became resentful of my presence in the
company. This was very early on in my association with his company.
He was a very insecure individual and it would prove to be
catastrophic for the company, as you will later read. But for now I thought I would be able to manage our relationships.
Now
I will tell you a short spooky tale of a night in Key West, Florida,
during the hurricane season. We visited Key West as a two man team
Jason and Myself, with the intention of doing business. I had
contacted a client Located in Southhaven Ms. Just minutes from
Memphis, “Aladon” was the client who had a project in Key West in
which the plumbing contractor had bankrupted and was no longer on the
project. We were invited to offer a bid on taking over the work. So
we made a trip there to view the progress of the work and to seek
information about licensing. On the plane trip, as we were on our way
there, Jason advised me that on our arrival we would stay at the
Holiday Inn there on the beach and that after our dinner he would
give me what the Mormon faith calls “ The Lecture”. I said that I
did not want to have him do that as I had heard some of the aspects
of the Mormon faith, and of his particular beliefs through his Mormon
faith and he need not do that, as I was already a born again
Christian, a Presbyterian, and had not the least interest in what I
consider to be a cult religion, and one that had it’s own doctrine,
which is not necessarily Bible based. He insisted in a friendly
manner and I, to end this continual badgering, agreed. We met for
dinner at 6:00 PM, then after dinner I went to my motel room, hoping
he would become preoccupied and forget about “the lecture” It was
a Monday night, and Monday Night Football was my planned TV time,
then to bed. I had made the decision to let him give me the lecture
but I never told him I would listen to it.
At
precisely 7:00 PM he arrived and suggested we turn off the TV. I said
no, then he suggested we could put the sound on low volume and we
would continue with the lecture. This was at 7 PM and the game was
starting. The picture was very vivid and it focused on the football
for the kickoff. As the player kicked off, the ball began to rise
into the air and at that point, with the ball in mid air, the whole
of the area of Key West where we were staying went completely dark.
Not as much as a firefly of light. A total power failure blackout. We
went outside and had a look around. There were gas lights around the
pool and some of the safety lights had come on which were powered by
an emergency gas powered generator, emergency lighting , that was it.
We went back inside and he said” well that’s going to work out
well, I’ll just give you the lecture in the dark”. He continued
and for two hours he went on and on, never a pause and I never raised
a question. At the precise time of the halftime he was finishing his
lecture, the lights came back on and it was 9 PM. He said “well
what do you think” I responded with “certainly was a long lecture
I, must have slept thru most of it, did I snore”? This did not
impress him and if I could have fallen to my death right then he
would have been happy. He was not pleased as I said “ We have
different beliefs Jason, and I respect your choice of being a Mormon,
I just happen to be a Presbyterian and we should respect each others
choice of religion”. We spoke very little after that and then only
about the project in which he had suddenly lost interest. The power
failure had given him the perfect opportunity and he had failed. He
later told a mutual friend that I was a lost cause.
I
had become adjusted to how the business was being run, and had fit in
nicely. We had increased our project load and were growing. I had
worked there about 6 months when one Friday night I was approached by
Kendrick, the Cousin of the owner Jason, ,and was offered a chance to
form a two man partnership and receive quite a bit of new work at the
very start. This would be a two man operation with a benefactor/
developer who would receive “finder fees” from each project of
his that became a contract for the two of us. I agreed that it would
be a profitable venture, as I was not happy with Jason’s attitude
towards me by then, and I saw no problem with such an arrangement.
Kendrick
approached Jason with the news that the two of us, were leaving to
form a two man partnership. Jason was very upset with this news and
his animosity towards me which by then was very apparent, progressed
to the state of deep seated anger and resentment He countered our
proposal with the reasonable offer of a three man partnership, of
which he would be the major stockholder. Kendrick and I with 24
shares each and he with 52 shares. In addition, he would maintain the
original company which he had started and which was very successful
on it’s own.
This
arrangement I knew was a bad deal for myself, and I also knew that
Jason would be making plans to do anything he could to drive me away
from the deal. But I agreed and this was about the time we were
beginning to get along financially. We expanded our horizons with the
aid of a developer/broker and began to take on more work. But there
was something in this three man arrangement which just did not seem
right. I was aware of the animosity within the company, but felt I
could weather that. It was something else, I could not put my mind to
it but there was another element there that I could not identify
After
that incident, Jason used every opportunity to try to belittle, and
to harass, and downplay me and my work. We continued on for about
another 6 months then the trouble began. We relocated to a more
accommodating location, and he set his mind to having a sheet metal
business. That indeed was of great benefit to our bidding power and a
full crew and an estimator as well were hired and then the business
began to be difficult. There was an animosity being cast on the whole
company and Jason was isolating himself from the general affairs of
the business, becoming secretive and morose in his dealings day to
day, Small wonder, I probably could not have don as well as he did if
such as happened to him , had happened to me. But we continued on for
a few months and things seemed to settle down and business was good,
Then Jason got the bright idea That we should hire a business
consulting firm to go through the affairs of the corporation, and
also do psychological profiles on each of the firms employees, and
each partner as well. This was an expenditure of about $10,000
dollars which I thought was a waste of money. This however was his
directive and we had no choice in the matter. This study and analysis
went on for about 3 weeks during which time I became aware of and
identified several, instances of incompetence which exposed the sham
that was being perpetrated on our business by this analysis. I
demonstrated this obvious phony analysis to Jason , still he insisted
it go to it’s completion., Further examinations and interviews were
performed on each partner and Jason was graded as insincere and
lacking competence for his duties, he was listed as schizophrenic and
unstable. But the analysis team excused this as a job generated asset
which protected his business because he was so cautious, his
condition was graded as excellent. I on the other hand was graded as
average but lacking in loyalty and drive, with no incentive for
growth or stability. All of this was a sham which was suited to make
Jason look good in the business aspects for the company, and the two
lesser partners to look like less than average performers. What purpose it
served will later become evident. We survived that ordeal without
splitting up and I thought maybe we would be better for it, since we
all were given passing grades, although the total analysis was a
fraudulent exercise in futility, and would further prove that Jason
was just a very insecure person. The reality of which began to
develop right away.
After
the analysis fiasco Jason decided that he would like to relocate the
company in a better, larger property, and he bought the old WMC radio
headquarters in Bartlett. I presume that he was advised to do this by
the analysis conclusion. This was a very good idea as it would give
us more space for our sheet metal business and we hired more people
in the office as well, another estimator, Jason’s invalid brother
who would become a spy for Jason, for reasons not known to me.
Apparently the brother needed a job and it became my duty to train
him. He was astute and learned quickly but was severely handicapped
and just added to my work load, and eventually he was just another
expense at the office. I then insisted that we hire my Dad as the
head of Memphis traffic and transportation and hire my son and a
couple of his friends as sheet metal workers. I did not expect Jason
to agree with this proposal, but he gave me no argument at all.
Shortly
after that time,Jason came up with another bright idea. He should run
for Mayor of Memphis. This idea was grasped by his wife and the
campaign began. Another idea gained from the analysis team and
probably brought on by the ego bath the analysis poured out on him.
(God was working), little did I know. Work out of Jason’s office
began to dwindle to a trickle as his campaign began to pick up speed.
He was almost assured of all the Mormon votes in Memphis, and his
campaign was based on his good looks, ( he was 6’-2” tall and
weighed in at 320 lbs) How good looking is that? Nevertheless he
continued with his campaign spending thousands of dollars, some of
the money came from the company till. He began to actually believe he
could become our mayor. After more expense, campaign ads etc. the
election was upon us, and his victory was eagerly anticipated by his
Mormon friends, and his wife. He lost. Thank God that is over, now
maybe we can get back to work.
Not
so fast my friends, He buys a $400,000 dollar farm in a neighboring
town and begins to spend more of company money an $80,000 dollar
silo, then he begins a farming operation. More of the diversification
probably as recommended by the analysis survey, (God at work). Good
grief I had no idea he had that kind of money. This became a
successful operation for Jason until one stormy day a tornado
destroyed his Silo, full of soy beans. (someone is telling us
something). He promptly rebuilt it, with another $ 80,000 bucks of
company money. Kendrick and I were both flabbergasted with Jason’s
playing fast and loose with the company money, and were at a loss as
to how to prevent the company’s eventual downfall. Jason even went
to the expense and trouble of having mine and Kendrick’s offices
bugged. It was very obvious and very disheartening to see the work we
had all successfully accomplished, go down the drain. Then on a
bright and cheery Monday morning in the summer of 1973 I became aware
of a disturbance in the executive front office. Jason had become
aware that Kendrick had started his own firm without informing either
one of us. Becoming very irate at the discovery of this subversive
action, Jason had locked Kendrick out of his office and ordered him
never to come back. (God is working).
Shortly
after the firing of Kendrick, we were served with a lawsuit in which
Kendrick accused Jason and myself of wrong doings which were totally
fictitious. I suppose it was inevitable that we become a dissolved
partnership. Mistrust was everywhere. Who could blame Jason, he was
fighting for that to which he had given birth. And the two of us he
thought were trying to take it away. Jason in my opinion was doing
what anyone in his position would do, defending his own business.
Needless to say, the lawsuit against us was dropped when in the
deposition I was questioned about certain “gifts” to a certain
developer ( now deceased), I exposed another “gift” to a union
official, a friend of the three of us. We would all suffer if that
were to be brought to the courts attention, and all parties knew that
I would bring it out. The ridiculous lawsuits were dropped and we
were now a two man company. It became evident that Jason was going to
destroy the whole business, because he had lost heart and felt he
could no longer handle the tremendous expense he had brought upon
himself. He had me go with him to the bank and sign on for an $
80,000 dollar loan, so as to keep the business afloat, With that
money, I directed our office personnel to see to it that checks were
issued so as to pay off every debt which was due and payable. We
would go broke but we would owe no one, and the deepest pocket around
was Jason, and his property would stand good for the bank loan. We
did pay off all our debts. All that was left was for us to liquidate
the assets. This would break the company but Jason was determined
that we were to suffer all the consequences of that which he thought
were the acts that destroyed his empire. Finally after about three
months of a very stressful and distasteful relationship, I was given
a discharge slip and left the company. I lost my 1/3 share of about 7
million dollars due to the hasty and precipitous actions of a greedy
and malicious pair of partners who had literally tried to destroy
each other over a greedy attitude on the part of each of them, and
with subversive acts. slander and financial ruin.
The
Days were beautiful after that agonizingly long stressful experience,
I no longer had a care for who was doing what, who was spending what,
and why. I began pursuit of my career as a plumbing and HVAC design
engineer. With the technical and practical experience that by now was
more than adequate to accomplish the work that I desired, I began a
private practice. My contacts with local Architects, Engineers and
contractors would prove to be a bountiful blessing, and work began to
pour into my practice. My work was steady, my business growing and my
customer base was expanding I specialized in Motel and hotel design
with the occasional church and school project helping me gain
confidence and experience.
Of
course it's quite simple how and why God got involved. I needed his
help, and in his Son Jesus he made that Grace available to me. It was
always there, but this time I could see it working. In May of 1982, I
was contracted to provide air conditioning heating and plumbing
engineering design and drawings for construction of The Riverview
Condominiums. This is a project that consists of 144 individual
condominiums. Each condo will have all the comforts of an individual
home, including kitchen, bathroom, laundry space, with over/under
style washer dryer, individually controlled heating and air
conditioning systems. All the amenities of an individual home. The
project was constructed according to the time schedule and was
occupied in the summer of 1983. It was doing quite well by then. But
in the fall of 1983 it began to fail to be suitable for habitation.
Rendered so because the walls of the rooms had mildewed and the
drywall had started to fall off the walls from mold and mildew. This
is unheard of in construction in today’s age. A gigantic lawsuit
was certain and I would certainly be included as a key actor in this
failure. All projects under construction in today’s age are
dutifully inspected and perused by the architects and builders, and
engineers and in turn are thoroughly inspected by the local building
code authorities. There is no way that this condition could exist in
this project. What happened? Of course, It was quite simple, someone
had dropped the ball in this project, and it probably would be
discovered that it was neglect of some sort in which I was later to be accused. We would learn of it soon enough, but I am getting
ahead of the story. Let me reset the matter.
A
very good example (God was providing me with purpose and worth)I had
been brought on board for the Baton Rouge Project by a contractor,
Tony Murfree who had taken my price and passed it on to the
Architect. I had processed this type of work so many times, I could
do it in my sleep. I had worked with this contractor so many times
before that we could almost read each others mind. This contractor
was very good at building concrete and block structures fast and
efficiently. Fast is worth a great deal of money to owners.
Efficiency is worth a great deal of money to both owners and
contractors. Fast was a specialty of ours as a team effort, and we
had done it many times before. We were happy with the project. The
reason I was involved, was because I had done so much work and was
always on time with my portion of the work, I was good at it. Never
had a failure or a mistake or error or omission. These are admirable
traits and are worth money. Although this contractor was fast and
economical, I had never witnessed a failure, nor did I ever suspect
he would cut quality or falsely expedite the time frame by leaving
out products and pocketing the money saved. I never had to worry
about the contractor failing to perform his task and doing it
correctly. This was a nice quick little project, and he was a good
Baptist citizen who would never cut a deal to pocket illicit cash
profits. The thought would never have crossed my mind.
Don’t
worry about it. (Whatever it is,I can handle it) Satan steps up
But
should I have been concerned? YES! Why? The owner was a contractor as
well, and was dictating conditions and techniques. I had never worked
with this owner prior to this project. although we had been warned,
of the propensity of this man to be very litigious. But what is there
to worry about? We had done this many times. We put our concerns
behind us and plunged headlong into the deal. We had a meeting in
late April, I prepared a list of questions for the owner and gave
them to him on the phone. I had no worries regarding this
association, and even during the design stages I had conversations
with the owner about certain conditions he was requiring. We were
authorized to go to work. Drawings were prepared and submitted in
early May. I had gotten answers to most of my questions by then and
we were complete and partially paid by May 5th. Construction was
ongoing. Never once did I get a call to visit the site, advise on
construction technique, or to review or inspect the work. A few of my
questions had been answered early on. The balance of the questions
answered sporadically as construction was ongoing. Then nothing for a
year or so. My fee compared to the scope of this project was
ridiculously low and apparently the owner thought nothing of letting
the Murfree firm run the work as was needed. A dangerous condition
inviting chicanery. And apparently of no concern to any of the
building code authorities. Now that I have hindsight, I can readily
see where this was a fiasco just waiting to happen. These men were
both of such mercenarily inclined personalities that the collision of
wills was inevitable.
Satan
re states the threat( Satan even tries to reprogram your thinking)
Then
one day the mailman delivered to my door, an 8.5 million dollar
lawsuit filed against several people and firms including me. And
Filed in the state of Louisiana, in Federal Court. As I was to learn
later, the 8.5 million was to be paid with whatever monies any one of
us had. Suffice it to say that meant that any loss of money on my
part would be all encompassing and devastatingly final. Definitely
not God’s doing. But why did he allow me to be engulfed in this
all-consuming, distraction? An all-consuming time devouring attack on
me, and my ability. A distraction of such grave consequence that it
left me no choice but to defend myself. Surely this failure was not
of my doing. I called the Contractor and discussed this situation
with him. All along he knew that he was dragging me into the fray and
was seeking to lay the blame for this project failure on my
engineering skills. He had even hired a Professor of Engineering from
one of our local colleges to sustain his lies for him. And the
Professor agreed to do it for (another greedy individual) One
Thousand dollars a day and expenses. And all the time this greedy
contractor knowing it was his own greed that had caused the failure.
“You should talk to a lawyer “and “This wont really involve
you” was the advice I got.
Lawyer
up (It pays to have your resources and proper counsel )
So
with nervous caution I hired a lawyer, (a high school friend, and a
graduate of Harvard Law School). This is a very smart man and he gave
me some very good counsel. This proved to be a good decision even
though he was not licensed to practice law in Louisiana. He advised
me on matters legal and helped me obtain a lawyer in Louisiana. As
time passed I began to prepare my defense. What does one do when
everything in his life all he has or ever will have will be taken. I
was accused of criminal negligence because the interior sheetrock
wall finish of the building had mildewed and fell from the concrete
block walls to which they were attached. This was unheard of in
today's building construction. Surely something had occurred during
the construction of these walls that left them subject to this mildew
condition. I gathered all the engineering calculations, climatic
conditions, construction plans and any other pertinent data that I
had available and sent it to the Lawyer in Louisiana. He wrote back
that the case was set for such and such date and told me not to
worry. Easy for him to say. I had hired two Lawyers.
One
who tries his own case has a fool for a client....
I
then set about to try to continue my work. The workload had eased and
my work became scarce, and I was preoccupied with research for the
lawsuit. This was somewhat scary, as I still needed to have income.
But as time for the lawsuit drew near, I was deeply involved in the
research and preparation for this fiasco. One day a call came to me
from the Lawyer I had retained in Louisiana He explained that he was
leaving the country, going on a cruise to Germany, and that he had
filed the necessary papers for me to defend myself. I could be my own
attorney! How can I do this I asked? Don’t worry about it. All you
have to do is tell the truth. This wasn’t good news. I had no time
to hire another lawyer and just barely time to prepare my defense. I
hired my Memphis lawyer to school me on how a court is conducted, We
worked for two days, eight hours a day on what to do and how to do
it. And I might add , at a cost of sixteen hundred dollars. I learned
how to prepare an exhibit and how to testify in my own behalf. The
routine to expect from my adversaries and what to look for in the
testimony of other witnesses. I kept remembering the old adage. “The
man who tries his own case in court has a fool for a client”. I was lawyered up. and so far I was out some $3200.00
Just
tell the truth.. ( there is always the last resort, admit the truth)
I
prepared a book of exhibits for myself and copies for the Judge and
for my adversaries. In the state of Louisiana the law is called
Napoleonic Law. It is somewhat different from other states laws. I
have no idea what that means and had no time to research it. Why
would I worry about that anyway. It is all totally foreign to me. I
was advised by the attorney who filed my papers to allow me to defend
myself that it would be no big deal, just be sure you “tell the
truth.” Good advice. What else can I do, I only know the truth. I
engineered this work as I always did. In accord with good engineering
practices and a careful survey of the certain owner desired
conditions and in conformance with all applicable building codes and
engineering principles. Somehow I will get that message across. I
also knew that by some mysterious circumstance, the walls were not
properly built, because if they were correctly built, they would not
be in the condition they reportedly were in when they failed. Little
did I know this charade would reveal such a morass of lies that even
Napoleon would become exasperated with the conditions exposed
during this expensive visit to the capital of Louisiana. The state
where the French first settled and imposed Napoleonic law, And in a
federal court in Baton Rouge where I am bound to “Just tell the
truth”
Stuff
happens… ( God works in mysterious ways)
During
the course of this project, (only about two weeks), I had occasion to
speak with a draftsman in the Architects office once or twice about
certain aspects of the work. So too did I speak with The owner-
contractor of the project. And I also spoke with various utility and
service agencies in Baton Rouge. I was asked by the architect to
Quote a price on another project as well, and did so during the
course of this project. The Architect and I had spoken at least three
times regarding this project, and a couple of times about the other
project quote. The Architects plans were not very professionally
prepared but he was a very professional person and had prepared plans
before for the owner on many projects during the many years of their
association.
Sometime
early in the Quote stage of this work, I had driven to the Murfree contractors office just across town about a 20 min. drive. I had
often met with the owner of this company for project discussions as a
matter of business, and I always took notes of these meetings. Only
this time it was a little different. We were in a fast track mode and
we met only twice. The first occasion there had been an accident. A
person in a pickup truck had pulled across 3 lanes of stopped
vehicles and hit my car in the side door. And a police report had
been filed. This made it a very memorable day. Drawings that I picked
up that day became part of my working drawing set. An unforgettable day indeed.
During
this visit I had written several questions for the owner, and Tony and I were in conversation with him on that day. I had accumulated a
beginning file of notes. Hand written, contiguous notes. Part of the
permanent record of the design team. Phone calls, Auto accident,
accumulated files and drawings, personal office visits, engineering
principles, curriculum vitae, weather patterns, all of these things
would have a significant part to play in this drama that was
developing. Little did I realize that God had already begun to do his
work. Soon I would know just what the final score would be. But
for now suffice to mention only that I am alone in a sea of professional High profile lawyers, and I am solely responsible for my own defense. (except for what God was doing.)
The
importance of ordinary events ( All God’s plans are significant)
I
gathered all pertinent data listed all the documents, reference
books, plans, phone records, contemporaneous notes, plumbing, heating
and cooling calculations, and any pertinent data and hand scribbled
notations and began to assemble them in an orderly file of reference
. This was done so that I might be able to recount any of the matters
about the project that took place during the design and production of
the plans. I then put this in an orderly book of exhibits and made
copies for the Court, a copy for myself and copies for the other
parties involved in the lawsuit. I began to make “memory notations”
That is to say, during the day or at night when relaxing or sleeping,
if any thought or remembrance of the events of the design or
development of this project came to me I would make a scribble note
of it. Then at the beginning of each day I would write these
remembrances down in an orderly and time sensitive list for further
review and thought processing. This became an automatic process for
my entire day, a diary of events of the day, and any memory notations
all were written down and organized the next morning. Thus the events
of my days became truly important to me. I became sensitive to what
was happening around me and how my decisions were influenced by the
events of the day. This seemed to sharpen my memory of what happened
during the period of time when I was working on this project. I
seemed to be able to recall all of the relevant events pertaining to
this project during the period of time that this project was being
designed. Never before had my memory been so tested. And never before
had my memory been so quick and responsive. My memory began to flood
with the things that happened during the design of this project. I
began to remember conversations, dates, circumstances and phone
calls. My recall was flawless, I could remember details during
conversations, the time of day that the call was made etc. I Had a
wealth of notes that I had made, and I began to make more notations
as memories began to add up. I kept a pad and pen at my bedside table
and if something came to me in the night I would jot it down and
research it the next day. The time was now, I carried a tape recorder
and a note pad. I rehearsed my story over and over again. I
remembered everything. No event was ordinary during this time.
Everything that happened and every word I could remember became
important. And my Memory was flooded with factual events of those
days.
A
suitable place, a suitable reference book, a suitable scripture
(Every breath you take every move you make) (God is watching over
you)
So
the time came for me to go to the courtroom of Federal Judge Frank J.
Polozolo an honest man if ever I met one. A Catholic Italian of about
40 years of age. A big man in his black robe. But first I must tell
you what took place. I loaded my automobile with reference books,
code books and as many technical books and building plans as
possible. I had done my research and had touched all the bases. Now I
would try to relax and get some rest. As I drove to Baton Rouge, I
would recite my testimony and it took no time for me to have it
totally memorized. The miles flew by as did the time. I stopped for
lunch in Jackson Mississippi and filled up with gas there. I cruised
on to Baton Rouge.
When
I got to town, I looked up the Federal Courthouse to determine where
it was and how to get there. Then I looked for the closest possible
Motel. I had withdrawn ten thousand dollars from my life savings and
had carried five hundred dollars with me. Money was not a problem.
The problem was that I now was in Baton Rouge and needed a place to
do my research and study. I stopped at the nearest motel, an old
remodeled Ramada Inn, and It was close enough so that if necessary I
could walk to the courthouse. It was also near the Mississippi river
and on a site not too far from the subject project which would be
convenient for a visit if necessary. This would be,(my En-Gedi) I
checked in at the front desk. Booked a room for 5 days and got a
reasonable rate. My room was on the third floor a short walk from the
elevator. I began to load all my reference books and trial documents
into the lobby at the elevator, and was then told that the elevator
was not currently working. Oops, well Ok, I needed the exercise
anyway. Four trips up and down the stairs and a walk around the
building to my room was enough for today. I shut the door turned on
the light and piled all my stuff on the dresser table and sat down in
the chair. I slid open the top drawer of the dresser table and a book
slid forward in the drawer. It was a Gideon Bible. I picked it up and
a thought raced thru my mind, I do need to speak to God about this
matter and what conversing I had done up to now was the 23rd Psalm. I
recited it all the time. Whenever I began to feel small insignificant
and defeated, I would repeat the 23rd Psalm. 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 reveals his plan to me)
Isa
25:1 O LORD, you are my God; I will exalt you; I will praise your
name, for you have done wonderful things, plans formed of old,
faithful and sure.
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
my life beginning right then
Isa
25:2 For you have made the city a heap, the fortified city a ruin;
the foreigners' palace is a city no more; it will never be rebuilt.
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 the foreigners down,
Isa
25:3 Therefore strong peoples will glorify you; cities of ruthless
nations will fear you.
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.
Isa
25:4 For you have been a stronghold to the poor, a stronghold to the
needy in his distress, a shelter from the storm and a shade from the
heat; for the breath of the ruthless is like a storm against a wall.
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. There was a storm, Hurricane Juan, 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.
Isa
25:5 like heat in a dry place. You subdue the noise of the
foreigners; as heat by the shade of a cloud, so the song of the
ruthless is put down.
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 I 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 was “ that may be, you can try”
Isa
25:6 On this mountain the LORD of hosts will make for all peoples a
feast of rich food, a feast of well-aged wine, of rich food full of
marrow, of aged wine well refined.
This
verse to me was God’s reassurance that this was a victory to be
enjoyed, savored, 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.
Isa
25:7 And he will swallow up on this mountain the covering that is
cast over all peoples, the veil that is spread over all nations.
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.
Isa
25:8 He will swallow up death forever; and the Lord GOD will wipe
away tears from all faces, and the reproach of his people he will
take away from all the earth, for the LORD has spoken.
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.
Isa
25:9 It will be said on that day, "Behold, this is our God; we
have waited for him, that he might save us. This is the LORD; we have
waited for him; let us be glad and rejoice in his salvation."
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.
Isa
25:10 For the hand of the LORD will rest on this mountain, and Moab
shall be trampled down in his place, as straw is trampled down in a
dunghill.
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) will suffer
because of his pride and his greed.
Isa
25:11 And he will spread out his hands in the midst of it as a
swimmer spreads his hands out to swim, but the LORD will lay low his
pompous pride together with the skill of his hands.
When
this man(the owner)took the stand to testify he began talking and
just would not shut up. He managed to destroy his own case in about
two 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. Any lawyer will mtell you "do not elaborate with your statements, answering an opponents questions. Keep it short and simple".
Isa
25:12 And the high fortifications of his walls he will bring down,
lay low, and cast to the ground, to the dust.
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. This case is about the "walls" of the 144 condo units. And God is telling me he will bring them down.
Who, Who, Who are you. (God wants the opposition to be worthy)
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.
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 this multinational oil, gas and shipping
company, and worked with another law firm in New Orleans from 1983 to
1991. 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). This
is my project.
The
lines are drawn. (God can use every purpose in mans heart )
There
is more; The plaintiff’s team of witnesses included a head of engineering at a University in Memphis TN. , Who would add commentary and negative remarks
under oath, comments regarding my engineering design. 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 capeable of bending the truth when it suits their purpose. That
purpose being money.
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 enemies 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, 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.
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 my stomping ground. Little did I know how
much it would be mine. God would give it to me. Here I am, among the Philistine army facing a Goliath. I also know how it will end, and I cannot wait for my chance.
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. 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. 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. Tghere is a phrase sometimes issued at the end of a lawsuit. "With prejudice" which means that it is over and done and cannot be re tried in any form. 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 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.
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
each days testimony until midnight, then a prayer then go to sleep.
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.
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. Tony Murfree. 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, of wrong doing in this
project, 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,
and 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 some 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 (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. 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. He did finally say that we had a (telephone) relationship
Then
later that day, after lunch 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 comes
the admission of what this trial was about. The exposed walls had no
insulation on them or in them. The Truth is out, spoken by a witness for the prosecution, my adversary.
The
walls of each tenant space were set in a sawtooth pattern so that
about 8 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. Insulation within outside walls is a building code requirement in most cities, state and municipal codes.
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 buildings for all
types of weather. Most of them motels with all rooms exposed with at
least 1 wall to the weather. This is for me, not believable, but is
taken as testimony under oath. 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. Wow! What a savings, and it would speed up the process of building the project. Nor would there be an expense for having to install the omitted insulation. another $60,000.00 quite a savings wouldn't you agree?
This
Contractor is famous for doing this ( God is not Mocked)
Testimony
continued in this vein for a short time then the Professor of
Engineering from a Memphis university 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.” 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 cast aspersions on my
ability and my experience as well. He was not cross examined by me or
anyone else. 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. There was no waqy that this intelligent witness could possibly help my case, and besides he was charging $1000 per day, and would soon be gone.
The
day closed with some more incidental testimony from a project
inspector by the name of Raoul . I had the opportunity to ask Raoul
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 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 suppose so” was his
answer. Not too difficult a job, dragging the testimony out of a
witness. And while we had this witness on the stand. I remembered that there had been some remodeling during the construction of these buildings. The contractor had removed a structural support wall in the first floor so as to give more room in a first floor office area. And some air shafts had been added to provide exhaust from the severe moisture problems caused by the omitted wall insulation. These shafts penetrated each floor and would have needed fire stopping. My question was, "do these shafts have fire stopping in them"? I do not know was his answer. Then I asked Raoul If these modifications had been inspected. His reply was,"I do not know, you cannot keep up with everything you know". This was followed with the question, Has the fire department inspector been apprised of these modifications? Again his answer, I do not know. Then the question from me "Did you get a certificate of occupancy from the city inspection department? again "I do not know".
Then the judge stopped the proceedings and took off his robe, and made this statement. "Gentelemen, every morning I wake up and go to my driveway and get the paper, then I get a cup of coffee and read the paper. I do not want to do this one morning after this trial is over and one morning I read where fire has destroyed this building, and then find that there is no record of the Fire Marshalls approval of this building, for occupancy. I want you to leave this courtroom today and come back in here tomorrow with these necessary approvals on this will go on until these documents are produced". This few minutes of cross examination of Raoul were a devestating blow to their case, and they went into panic mode. But they came in the next morning with all the necessary approvals. This satisfied the judge. This was going to be fun. And now a bit of irony from the judge. He speaks and says these words. "Mr. Miller, I am going to dismiss you, but not just yet, because I want to hear what you have to say". Then there was a witness called by the Mufree team, an expert in local building codes. This man was at least honest. When asked if he knew the local plumbing and HVAC codes regarding ventilation of bathrooms and code requirements for air changes in residential applications, he replied that he did not have experience in those areas. A second witness was asked to read some code information from the city code book and readily admitted that he could not understand what he was reading. So much for the "experts" testifying against my work in this case. I had destroyed their testimony with one question each. Back to my En-Gedi 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.
"The storm is coming" I refer to Isaiah 25: 12 and 25:4
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.
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 involve a construction
scientist from Dow Chemical Co. the manufacturer of the insulation that was omitted from the walls.
Mr.
Barr, who 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. (there it is, my victory) but God is not finished with these men, nor me. Further discussion is
proffered as to the effects of having visqueen (a vapor barrier) on the interior of
walls, just under the drywall finish board. This too is deemed a
mistake. What a terrible consequence for the Murfree firm, to
have this testimony come out at this time, It practically destroys
his case. 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.
Then it happened. God makes it known where lies the truth. 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 un believable 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
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. The only two people in the room that
have any grasp of the truth.
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
reconvene for court 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. 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 that 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. My designs are not faulty and the building codes
govern the systems installations. This is a construction error for
which Tony Murfree 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. Murfree. There are stunned looks on the faces of the prosecution
team, 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 I get a ticket in Mississippi for speeding. Something tells me
that this ticket marks the end of this saga, and I will know that before midnight tonight.
God is faithful and just.
I go home and speak to my wife about the events of the week, we have supper, and we watch some Friday night TV and about 10:00 PM to bed. At eleven 55 PM the phone by my bedside rings, It is Tony Murfree calling from Baton Rouge to tell me that they have settled the case. It is over and the judgment is final. And the charges against me have been dismissed "with prejudice".
God works in mysterious ways His wonders to perform.