A CIVIL ACTION

Jonathan Harr
The Trial

The trial was composed of six jurors and six alternates, everyone was present at the first
day of the trial, the courtroom was packed, Judge Skinner even instructed those who were not
availed of seats to step out of the courtroom. Everyone, except the Woburn families were present
at the first day of the trial, it was sort of a strategy for Schlitchmann. The opening statement of
Schlitchmann caught the attention of the people inside the courtroom, but for Facher, a good
opening statement is useful only for quick trial cases, but for the Woburn case, the trial would of
course require a longer time and the opening statement be forgotten by the jurors at the time of
judgement.
The cross-examination of Riley was definitely not in favour of Schlitchmann, Riley
stayed calmed and denied every evidence presented by Schlitchmann, until the last day of cross-
examination done by Facher, Riley cracked and showed his impatient and arrogant attitude.
Drobinski, one of the geologist hired by Schlitchmann, was the next to be cross-examined, it
went difficult, Facher, as what he thought to his students, always objects whenever possible, and
judge Skinner would always sustain it.
At the middle of the trial period, the financial problem of Schlitchmann’s firm was
clearly evidential, Gordon was cutting cost, from coffee, telephone services and everything,
Schlitchmann’s mother even received a notice of eviction. Until the Helen O’Connell’s case,
another medical malpractice case that was settled by Schlitchmann’s firm, usually, having won a
settlement this big, would bring the firm into a party and bonuses, but not this time, all the
proceeds will be used to pay the Woburn bills.
The next witness was Pinder, a ground water expert, Pinder was able to explain to the
jury the concept of aquifer and how the chemicals could penetrate into the ground water, but too
much of a confidence led Pinder into a miscalculations that was taken advantage of by Facher,
and at the succeeding trial, Facher used to his advantage other inconsistencies of Pinder’s
calculations and concepts.
The trial went on, at June of that year, all the money was disbursed by Gordon, nothing
had been left, Schlitchmann woke-up one morning having no money for a cab, he walked his
way to work.
The day of concluding or final statements came, Schlitchmann’s speech was frequently
objected by Facher, until judge Skinner has final overruled the objection of Facher since it is not
allowed during the closing remarks, but still, Facher objected every minute, his goal was simply
to disarray Schlitchmann’s thought. Despite objections being overruled, it was evidently clear
that Schlitchmann was disarrayed by the interruptions done by Facher, and even committed a
mistake in the closing remarks. Schlitchmann’s whispered words “All right now, I can’t make a
mistake” was recorded by the court stenographer and was heard by the jurors.