[Lady Justice 41] - Lady Justice and Terror on the Tracks

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by Robert Thornhill


  “Isn’t that a bit unusual?” Kevin asked as we headed home. “If I remember my constitutional history, doesn’t the 6th Amendment say, ‘In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.’”

  “Supposed to be,” I replied, “but now that I think about it, sometimes Ox and I weren’t called to testify about some of our cases for a year or more. I never thought much about it at the time. I think I’ll give Suzanne Romero a call tomorrow morning.”

  When I returned home, Dad and Jerry were on the front step shooting the breeze.

  “Where have you been all day?” Dad asked. “New case?”

  I didn’t really want to get into the details of my day, but knowing my dad, he would just keep bugging me until he was satisfied.

  “Actually, we just wrapped one up. We helped collar two creeps who were stealing copper from the railroad. As a ‘thank you,’ Kevin and I were given a tour of the Kansas City Terminal Railway facilities.”

  I saw his face light up. “Really! Wish I could have been there. I love trains!”

  That took me by surprise. “You do? I had no idea. Why the interest?”

  I saw a far-away look in his eyes. “The railroad was my first real job. The Kansas City Southern Railway. I worked in the yard. I remember the Southern Belle that ran between Kansas City and New Orleans. Those were the days.

  “Working there was what got me interested in over-the-road trucking. When I watched the big cranes loading containers onto the flat beds of the big rigs, I knew that’s what I wanted to do.”

  I guess there’s still a lot I don’t know about my dad.

  “If you’re still interested in trains, David Fox gave me a YouTube channel that broadcasts a live feed of the Santa Fe Junction yard twenty-four hours a day.”

  “You bet!” he replied, excitedly.

  I handed him the slip of paper where Fox had written, https://www.youtube/watch?v=BLMTV64H2o

  He grabbed it and headed to his apartment. “Thank you, Son!”

  As I headed up the stairs after him, Jerry called out, “Do you know the difference between an engineer and a teacher? An engineer minds the train. A teacher trains the mind.”

  “Thank you, Jerry.”

  Early the next morning, I called Suzanne. She said she had time to see me.

  In my opinion, Suzanne Romero is by far the best criminal defense attorney in Kansas City.

  We have a history. She defended Ox and me when we were framed for murder by two corrupt cops, and Mary Murphy when she was prosecuted by an over-zealous D.A. for shooting an intruder who had threatened her with a knife.

  I, in turn, had assisted her as an investigator in several difficult cases.

  Suzanne listened patiently as I recounted the tragic story of Delbert Wiggins.

  “Every time Ox and I arrested someone, we had to Mirandize them. ‘You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.’ What happened to all that?”

  She just shook her head. “The public defender system as it stands now is a joke. Delbert is fortunate if he’s only been waiting for an attorney for six months. I know of one woman who has been waiting five years.”

  “That’s unbelievable! How can that be?”

  “In a nutshell, the PDS is understaffed. Public defenders had over 75,000 cases last year. Each PD typically handles over 200 cases a year. It’s a vicious circle. The PDA’s are overworked and underpaid, so they quit. They tell us that they need 327 more attorneys to handle the workload, but what attorney wants to subject him or herself to that scenario?”

  “So people are in jail months or years without ever being convicted of anything!”

  “Sad, but true, and that very fact has increased the number of confessions. Guilty or not, these people are beginning to realize that if they plead guilty, their actual sentence may very well be less time behind bars than if they waited for an attorney. Think about it --- there are over 5,000 people on a ‘wait list,’ hoping to be assigned a public defender. 5,000!

  “Another thing that’s happening is defendants are being encouraged to defend themselves in court rather than waiting months for a public defender. Those poor souls don’t stand a chance against a prosecuting attorney.

  “The pressure on defendants to confess or defend themselves is so intense that only 2% of 3,300 felony cases actually went to trial last year.”

  “I guess that brings us back to Delbert Wiggins. An innocent man is rotting in jail. Is there anything we can do to help?”

  Suzanne smiled. “I don’t suppose the purpose of this little visit was to ask me to take Delbert’s case?”

  I grimaced. “Well, maybe.”

  She grinned. “Well, one thing’s for sure. As long as Walt Williams is in my life, I won’t have any trouble making my quota of pro bono cases. If I do this, you have to work too.”

  “Anything. What do you need?”

  “If the robbery was in a drug store, there were undoubtedly security cameras. I need to see that footage. Also, find out if the officers making the arrests in the alley had body cams. If they did, I’ll need that too.”

  “I’m on it!”

  A week later, I was sitting in the courtroom when the bailiff called Delbert’s case.

  “Case number 42756, the City of Kansas City vs Delbert Wiggins. The charge is armed robbery and armed criminal action.”

  “The judge turned to the defense table. “Mr. Wiggins, how do you plead?”

  Suzanne rose. “Suzanne Romero for the defense. Mr. Wiggins pleads not guilty. With the court’s indulgence, I think we can clear up this matter very quickly.”

  “Proceed, Ms. Romero.”

  Suzanne directed an associate to bring forward a TV monitor.

  “On the night in question, a group of young black men entered the front door of the pharmacy and proceeded to take money from the cash register and drugs from the shelves. Video cameras recorded footage of the event.

  “Please note, that at no time was Mr. Wiggins in the store during the robbery.

  “Police arrived, blocking the front exit. The thieves tried to escape through the back door into an alley, but the police had sealed both ends. Within minutes, all of the thieves had been taken into custody.

  “Now, I’d like to direct the court’s attention to this next video. It’s from a body cam of one of the arresting officers. It will clearly show that Mr. Wiggins, being homeless, had found a place to sleep in the alley. Mr. Wiggins was asleep under a cardboard box when the robbery took place. The video clearly shows that the officer, under orders from his superiors, took everyone in the alley into custody.

  “I think it is perfectly clear that Mr. Wiggins was simply in the wrong place at the wrong time and had absolutely nothing to do with the robbery.

  “We ask the court for a verdict of ‘not guilty.’”

  The judge turned to the Prosecuting attorney. “Does the prosecution have any objections?”

  “No, Your Honor.”

  The judge banged his gavel. “Mr. Wiggins, you are free to go.”

  You could see the relief in Delbert’s face. He rose and gave Suzanne a big bear hug. “Thank you! Thank you so much!”

  An innocent man had just spent six months behind bars because the system had failed him. I hated to think how many more were suffering the same fate.

  Later that day, I took Delbert to the homeless camp. Harley couldn’t believe his eyes when he saw his brother climb out of my car. They embraced as tears streamed down their cheeks.

  Harley grabbed my hand. “Mr. Williams, me an’ my brother owe you big time. We won’t forget what you done for us. I promise.”

  I didn’t know until later, how important that promise would be.

  CHAPTER 5

  “Who is this man
that’s been sent to us?” Ahmad asked.

  “His name is Yasir Patel,” Mostafa replied. “He is Pakistani, one of the hackers hired by the Ayatollah. My contacts tell me he is one of the best.”

  At that moment, there was a knock on the door.

  “That’s him,” Mustafa said, peering through the peep hole.

  He opened the door ushering the Pakistani inside.

  “As-Salaam-Alaikum,” Yasir said, bowing.

  “And peace be with you as well, my brother,” Mostafa replied. “Come, sit. Tell us our mission.”

  Mostafa and Ahmad waited anxiously to hear what news Yasir had for them.

  “Our task is to attack the railroad in Kansas City,” Yasir said.

  “The railroad!” Ahmad sputtered. “I thought our goal was to disable the electrical grid. What do we care about a bunch of trains?”

  “Yes,” Yasir replied, “the electrical grid is part of our plan, but others have been assigned that task. Make no mistake, disrupting the rail system is equally as important, and part of our master plan.

  “Railroads hire over a million people and haul 40% of U.S. freight. The American economy depends on railroads. Coal, for example, is the single greatest source of electricity in the U.S., and 70% of coal is delivered by train. Everything from food, to lumber, to motor vehicles is transported on the railways, and their society as we know it simply could not function without them.

  “One company, BNSF, now has over 10,000 tanker cars dedicated to moving just oil, almost a million barrels a day!

  “Kansas City is the second largest rail hub in the country, right in the heart of the United States. Imagine the chaos that would ensue if a runaway train collided with tanker cars carrying crude oil in their busiest terminal.”

  “A disaster for sure,” Mostafa replied, “but how can we make such a thing come to pass?”

  Yasir smiled. “Through their PTC system. I will hack into it.”

  “What is PTC?”

  “Positive Train Control. It is a system of functional requirements for controlling and monitoring train movements. It’s supposed to improve the safety of railway traffic. The main concept of PTC is that the train receives information about its location and where it is allowed to safely travel, also known as movement authorities. Equipment on board the train then enforces this, preventing unsafe movement. PTC systems may work in territories with or without a signal system. and may use GPS navigation to track train movements. It uses a wireless data system to transmit the information.

  “The computer on board the locomotive must continually calculate the trains' current speed relative to a speed target some distance away governed by a braking curve. If the train risks not being able to slow to the speed target given the braking curve, the brakes are automatically applied and the train is immediately slowed. The speed targets are updated by information regarding fixed and dynamic speed limits determined by the track profile and signaling system.”

  “I’m confused,” Ahmad said, shaking his head. “How will hacking into this PTC achieve our goal?”

  “Once I hack into the system, the operation of the train is completely out of the hands of the engineer. He may realize that the train is moving too fast, and that it’s going to collide with the rear of another train, but he is powerless to stop it.

  “Think about it. A mile-long train carrying shipping containers, traveling at forty miles an hour, collides with the rear of a tanker train carrying oil or gas, and BOOM! Utter destruction! It will take them weeks, maybe months, to clean up the mess.”

  Ahmad grinned. “I like it!”

  CHAPTER 6

  I was enjoying my morning coffee and reading the paper when there was a knock on the door. It was Dad and Bernice.

  “What’s up, Dad?”

  “I just wanted to tell you how much I’ve enjoyed that live feed from the Santa Fe Yard. Did you know there’s a chat room on the side of the feed?”

  “Yes, I believe Mr. Fox said something about that. It was a guy who called himself Casey Jones who spotted Kevin and I collaring the copper thieves. His real name’s Earl, by the way.”

  “Yes! I’ve talked to Casey. The guy really knows his trains. I’ve even got my own moniker, John Henry.”

  I saw the look of confusion on Bernice’s face. “You’re not John Henry. You’re John Williams.”

  Dad patted her on the arm. “Of course I am, Dear. John Henry’s just my railroad name.”

  She shook her head. “I don’t get it. Why do you need a railroad name? And who’s this John Henry?”

  “Because it’s cool!” Dad replied. “I guess you’ve never heard the ballad of John Henry by Johnny Cash.”

  He broke into song:

  John Henry was steel drivin’ man, Lawd, Lawd!

  John Henry was a steel drivin’ man!”

  “Enough!” I said, fearing he was going to sing the whole song. “I’m glad you’re enjoying the chat room. If there’s nothing else, I’d like to get back to my newspaper.”

  “Well, there is one more thing,” he said, sheepishly. “The other day, you got to tour the Terminal Railway offices. I’d REALLY love to do that too. Is there any way you could get me in?”

  “I don’t know, Dad. That’s asking an awful lot.”

  He gave me his best puppy-dog look. “Could you at least try? Please!”

  “I’ll see what I can do.”

  “Thank you, Sonny. It would mean a lot to me.”

  He grabbed Bernice by the arm. “Come on, Polly Ann.”

  “Who the hell’s Polly Ann?” Bernice asked, pulling her arm away.

  “Polly Ann was John Henry’s woman, and that gal could drive steel just like a man.”

  “Well, okay then,” she said, grabbing Dad’s arm.

  After I finished my paper, I gave David Fox a call.

  “Mr. Fox, Walt Williams here.”

  “Hi, Walt. What can I do for you?”

  I took a deep breath. “I know this may sound ridiculous, but my father would love to come see your facilities. He’s in his nineties and his first job was with the Kansas City Southern Railway. He was a yardman back in the day. I told him ---.”

  “Say no more,” Fox interrupted. “I’d be glad to give him a quick tour. I appreciate what you and your partner did for us. It’s the least I can do. How about right after lunch? I’ll meet you in the parking lot at one o’clock.”

  I called Dad, and needless to say, he was ecstatic!

  As promised, David Fox met us in the parking lot and after introductions, led us to the elevator.

  When Dad stepped off the elevator, his mouth dropped open. “Holy crap! This is amazing.”

  “Our tour will have to be brief,” Fox said. “We’re experiencing a few problems this afternoon. There’s some kind of obstruction on one of our tracks. We’ve sent a crew to check it out. Until we find out what is going on, everything is on hold.”

  After a quick tour around the office, Fox led us to the cubicle of Rob, the dispatcher I met during my first visit.

  “He looks like Grizzly Adams,” Dad whispered as we approached.

  Rob was staring intently at the screen.

  “Anything new?” Fox asked.

  “Nothing yet,” Rob replied. “I’ve got an intermodal that I’m going to have to put on hold until we get the track clear.”

  “What’s an intermodal?” I asked.

  Before Fox or Rob could answer, Dad jumped in. “Intermodal is the movement of shipping containers or truck trailers by rail and at least one other mode of transportation, usually trucks or ocean-going vessels.”

  “Very good!” Fox said. “You know your trains.”

  Dad squinted at the screen. “So those squiggly lines are trains?”

  Rob pointed to the screen.

  “That one’s the BNSF tanker that’s being held up until the track ahead is cleared.” He pointed to another line. “That’s the approaching intermodal. I was just about to contact the engineer when you walked up.


  “Don’t let us stop you,” Dad said.

  Rob keyed his mike. “BNSF intermodal. We have a tanker train on hold until our crew clears an obstruction from the track. You won’t be able to proceed until the tanker clears. I’ll need you to bring your train to a safe stop and let me know when the engineer can comply with your next signal change to stop, please.”

  “Roger that,” the engineer replied.

  We watched the squiggly line, expecting it to stop moving.

  A moment later, the engineer came back. “Dispatch, we have a problem. The engine is not responding to my command. I --- I’ve never seen anything like it. It’s like the PTC has taken control. I can’t get it to stop!”

  “What’s PTC?” Dad asked.

  I saw the look of concern on Fox’s face.

  “It’s an onboard computer. It’s like Hal in the movie, 2001 A Space Odyssey, or Mother in the movie Alien. Its purpose is to take control of the train in emergency situations. Say, for example, there is an obstruction on the track. The computer can sense the obstruction. If the engineer doesn’t take the appropriate action, the computer takes over.”

  The engineer came back. “I can’t engage the brakes! The computer won’t let me stop this train!”

  “Jesus!” Fox said. “That intermodal is headed straight for those tankers. Rob!”

  “Hang on,” Rob said. “I’ve got this. I can switch the intermodal to a clear track. There is a switch about a hundred yards from the tankers. Intermodal, this is dispatch. I’m going to switch you to a track that will let you bypass the tankers. You’re clear all the way to St. Louis. That should give you time to straighten out the computer glitch.”

  “Thank God!” the engineer replied.

  “Switching now,” Rob said. “Oh-oh. Damn!”

  “What’s the problem?” Fox asked.

  “The switch isn’t responding. It’s not obeying my command. It’s like I’ve been blocked. I can’t switch the train from here.”

 

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