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Wrongful Death: The AIDS Trial

Page 49

by Stephen Davis


  Chapter Thirty-Eight

  Sarah isn’t close enough yet to hear the questions coming from the press gathered around the steps leading down to the atrium from the Special Proceedings Courtroom. All she can hear are Baker’s answers as she tries to maneuver around the mob.

  “No, I will not give you the names of the remaining two attorneys, for safety reasons.”

  “No, we are not partners in a law firm, but we became partners for this case.”

  “No, that's not a problem because we are not working on a commission or contingency basis. We receive our expenses and a very small monthly stipend only.”

  “Yes, any one of us could have taken over for Mr. Messick.”

  From the far side, Sarah shouts the loudest, surprising even herself. “But why you? Why not one of the other two?”

  Baker turns in Sarah’s direction, but doesn’t know exactly who asked the question. “Good question...why me? I think because Ben...Mr. Messick...and I have such similar styles in the courtroom that we all figured it would be less of an adjustment for the jury if I took over.”

  There must be a dozen reporters firing questions at Baker, who chooses one randomly, “Do you all live here in Phoenix?”

  “No, we all live in different parts of the country. Mr. Messick lived in Phoenix, which is one of the reasons he was the lead attorney for us in this case.”

  Another barrage of questions comes simultaneously, even before he can fully answer the previous one. “Do you know who killed Mr. Messick?” wins out this time.

  “No, and I am leaving that entirely up to law enforcement.”

  “You must have been afraid something like this might happen?”

  “Let’s just say that we were prepared for this contingency…. We're all single, no children, no significant others.... Yes, the rest of us are ready to give our lives for this case, to be perfectly honest, if that's what it takes, the way Ben Messick did. After all, there were over 300,000 lives lost before we came along.... Yes, each of us has a very personal reason for being involved in this case and risking everything.... My reason? As I said, it's personal….”

  The truth was that Benjamin Messick and John Baker and Tomas Janson and William Clark III were in the same class at the University of Michigan Law School and became fast friends. As time went on, they discovered they had more than law in common, each having lost a brother or a lover to AIDS, for which they would later feel a lot of guilt and anger. Although going their separate ways, they kept in close touch after graduation and spent golfing vacations together at least once a year.

  As a result of research on another client’s case, Messick had begun to uncover the truth about HIV and AZT and AIDS. When he finally thought he had the complete picture, he turned their 2004 winter vacation at a Scottsdale resort into a work session, which culminated in the formation of a partnership and a plan that included filing this class-action lawsuit. The four of them dedicated their lives to bringing to justice those ultimately responsible, not just for their own loss of a loved-one, but also for all 300,000 who had died a wrongful death. Sensing the dangers involved, they agreed on the contingency that had been activated on Saturday with the murder of Benjamin Messick.

  John Baker sorely missed his best friend and felt the loss deeply. But he had a job to do, and he knew Ben would have wanted him to carry on with all the strength and courage he could muster. After all, the trial was nearing an end, and there would be plenty of time afterwards for mourning.

 

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