Justice Denied

By Peggy Stonesifer King

Patrick Gabriel OMalley is living the high life with a job at The Upton Firm, the biggest environmental law firm in the United States, protecting chemical companies from frivolous law suits since its inception 60 years ago. When Gabe meets a beautiful journalist, he is forced to come face to face with a past that becomes his present, leading to a prophecy that could bring the United States to its knees . . . . . .

• Language: English
• Publisher: Xlibris US
• Release date: Feb 14, 2012
• ISBN: 9781469155883

Peggy Stonesifer King

Peggy King lives in Florida with her husband, Ron. She grew up in Pennsylvania and moved to Florida in 1967. Peggy is a graduate of The University of North Florida where she majored in History/Religion. Together, Ron and Peggy have two children, Jason and Danielle. Peggy has two step children, Shawn and David, who have graced Ron and Peggy with three beautiful grandchildren, Bailey. Kendyll and Kamryn. Peggy is an avid reader and quilter. Justice Denied is her first fiction work.

Book preview

PROLOGUE

The day promised to be beautiful. The sun was warm on Maggie McGuire’s face as she completed her morning walk. Maggie was very nervous. Today was the day she was to deliver her reason for writing her exposé on the poisoning of America’s land and air. Up to this point her research had been all done on her time.

Maggie had been working at the Athens Gazette for four years. She had landed the job after graduating with a Masters in Journalism from the University of Georgia. Jim had axed her idea of an expose when she asked, so she decided to do it on her own time. A year into the project and she believed she had enough to convince him that it was a worthwhile project.

Jim had one rule. In order to continue to receive funds for her project, Maggie had to receive support from the rest of the staff at the Athens Gazette. Maggie knew deep in her heart that even if they voted against it, she would continue on her own. Maggie stood in front of her colleagues and took a deep breath.

Good morning, Maggie thought she sounded terrified. She could talk in front of a thousand people if she didn’t know them, but speaking to your coworkers was a different ballgame.

Maggie took a deep breath and began.

Three years ago I was at a convention on the environment when I heard an elderly women by the name of Emily speak. Her story was heart wrenching. Before I relay that story, I think it is important to understand where I stand on the issue of the environment. I am in the middle. As a journalist, that is a good place to be. It helps me to find the truth, which is always in the middle of both sides of any story. I have spent a year on research and would like to present my findings to you in the hope that you will feel that it is a worthwhile project so it can be a part of my work here at the Gazette.

Maggie continued.

In 1935 a company by the name of Harken Chemical Company bought land in the city of Niagara Falls, NY. It was touted as a gem for the city. It would bring money into the city by gracing the downtown with new buildings and put the city on the map for tourism. Harken manufactured pesticides, plasticizers and caustic soda. By the time 30 years had come and gone, Harken was responsible for dumping 20,000 tons of waste. The waste was buried in 55-gallon metal barrels into a summer swimming hole. In the early years, most of the surrounding land was meadowland and orchards. However there was a small cluster of homes near the swimming hole. I have testimonies from the landowners in that area telling of the dumping, of what looked like gray mud and oil. One landowner named Joe recalled workers rushing to use homeowner’s hoses when they came into contact with the mud. They spoke of ‘fire rocks’ that would explode. These were a favorite of their children. They spoke of a greenish luminescence haze that was present on hot summer nights hovering over the canal.

Maggie paused to let it sink in and take a sip of water. She could not tell from the faces which way this would go.

Emily’s parents were the first to experience problems with seepage from the canal. This was in 1959. Her mother noticed a black sludge seeping into their basement. They spent twenty years trying to get help from the city to no avail. They tried everything they could think of to block the sludge from coming into their house. Because the fumes of the factory had become a part of their life, they did not know the imminent danger they were in.

Years later, Emily, at 21 years of age, married and stayed in the area. In 1968 she gave birth to her third child. Joy quickly turned to sorrow. Her child had a hole in her heart, bone blockages of the nose, a cleft palate, partial deafness and by the age of two, confirmed Down Syndrome. What baffled me was that Emily and her husband looked at this and the health problems of their other children as a quirk of nature.

Maggie had them. They were spellbound.

The history of this story has been dubbed the ‘Love Canal.’ Perhaps many of you have heard of it. It is a story of intrigue. From the halls of the city, to the school board who built a school on the waste dump, to the governor and even to the halls of Congress, this story unfolds as a tragedy. Sadly, this is not the only one. According to the Justice Department and the Environment Protection Agency, Harken is responsible for dumping 199,900 tons of chemical waste at four sites from 1942 to 1975. The EPA has currently identified 3, 900 potential hazardous waste sites. Of that 3,900, only 644 have been inspected.

Maggie stopped again. Time to close.

My story will continue with another tragedy about a man whose father made his dream come true with hard work and sweat. After his parent’s death, David Haas Ewill continued the family legacy on a 1000 acre plantation in Baton Rouge, La. But my story is not just about the human interest side. It will also be about the other side of the story. The lawyers who defend these companies and their reasoning will be covered. I do not doubt for a minute that they are following the law. Perhaps I will find that the law is responsible. Harken was sued by the United States Justice Department and the state of New York in 1979. The verdict was staggering. The court found that Harken was not responsible for punitive damages, that it was negligent in not informing the residents, but had no legal obligation in failing to do so. Perhaps I will find that greed or money is the cause. If I had to conclude my research right now, I would say it probably is a little of all of those things. I am requesting your go ahead so I can utilize the sources of the Gazette to further my research. I believe that the people of America need to know the truth so they can deal with the issues properly. I hope that all of you feel that this is a worthwhile project. I would love to continue with your help and guidance. Thank you.

Maggie took another deep breath to the sound of thunderous applause.

She looked over at Jim and he nodded. She had her time to do the story with the blessings of her coworkers at the Gazette.

Okay, everyone, time to get back to work.

Jim walked over to Maggie and shook her hand. Well, you got your story. Where are you headed now?

Maggie knew exactly where she was going.

I am off to Charlotte, North Carolina to visit a firm that has been protecting the chemical companies since the 1930’s—The Upton Firm.

CHAPTER 1

October – Charlotte, NC

The Angel

Gabe bolted from the church as soon as he could leave without drawing too much attention to himself. He was there because he had put Catholic down on his resume, although Catholic was not a good description for Gabe’s religious viewpoint. The Upton Firm wanted a representative there at the yearly Red Mass.

What is the Red Mass? he had asked John Upton.

It’s the Mass the Catholics hold every year for lawyers, judges, politicians, you know the servants of the people.

Just one more of those mundane things I have to do for this job, thought Gabe.

We need representation at this service, John had stated, there are a lot people who will be present and we want to maintain our presence in city affairs.

The Upton Firm was the biggest environmental firm in North Carolina. The firm had saved the chemical companies millions of dollars in what they perceived as frivolous law suits. They were a three generation law firm, beginning back in 1909. John Upton’s grandfather began the firm at the ripe old age of 63. His son took over ten years later when Charles passed away, and now John Jr. was running the company. They were proud of their heritage and would do just about anything to keep their reputation of being a player with the city. So Gabe had attended the Red Mass, responding to the whims of his boss.

Gabe couldn’t help but feel uncomfortable. He had not been to Mass since leaving home after high school graduation. He had spent years distancing his past from the present, especially due to the fact that his present did not jive with the archaic Catholic Church. He knew he had broken his father’s heart as well when he stopped going to church. He resigned himself to the fact that he would never get away from that Catholic guilt, but boy was he gonna try. He knew just the place to take his mind off of the Church and back into the world… the world of Patrick Gabriel O’Malley.

Gabe left St. Patrick’s Cathedral and headed to his favorite night spot. There he would find solace in drink and if lucky, maybe meet a woman. He would have to use good judgment though, because tomorrow was going to be a busy day at the Upton Firm. Clients from Louisiana were coming to visit to discuss settlement issues. Gabe knew how lucky he was to land a job at the top firm in the state.

He hoped to become partner one day and really make a difference. Perhaps his dad would be proud of him, he thought.

No chance of that, he muttered to himself.

Talking to your self again?

Joe, the bartender always accused Gabe of having a conversation with himself.

Yeah, like always, Gabe responded with lighthearted humor, no one else to hold an intelligent conversation with.

Yeah, yeah, Joe quipped back what’ll it be for you tonight, my friend?

O’Mally’s was located in the heart of downtown Charlotte. Gabe often wondered if he had a connection to the O’Mally who owned the bar. Probably just a made up name. After all their names were spelled differently, he surmised.

The O’Malley’s from Pennsylvania were farmers, not pub owners. It could be a brother from back in the 1700’s though. Gabe had a friend back in school who found out that there were thirteen brothers who fathered a lot of kids and going back in the history showed that they were related even though their names were spelled differently. When things slowed down at work, Gabe would have to begin the search for his name. Maybe he would put it in a book and give it to his dad for Christmas.

Gabe’s thoughts came to a screeching halt as he looked past Joe to the most beautiful creature he had ever seen. He usually preferred blondes, but this red head had to have dropped down from heaven.

CHAPTER 2

October – Charlotte, NC

The Meeting

Maggie McGuire frowned as she sorted through the piles of documents. Her year of research contained scattered bits of information about illegal dumping by some of the biggest chemical companies in the United States. Now came the hard part. She had testimonies from people who were affected, but had not approached the law firms, state senators and representatives, or the companies.

The Upton Firm in downtown Charlotte was her first stop. She didn’t expect much, perhaps ruffle some feathers. Upton came on to her radar after reading an article about the firm’s involvement in the community and their longevity of work with chemical companies. They had a reputation for being proud of their cases they won for these companies. She hoped to play into their pride, and gain some information that would help fill in the pieces of the puzzle. To really understand the entire picture she needed to understand both sides of the story.

Maggie wondered just what the mentality of the big wigs of these chemical companies and the lawyers that defended them was. Maggie never considered herself a tree-hugger, she placed herself square in the middle. Did she believe that humans abused the earth’s resources? You bet. But she also had problems with the lefts mentality of massive global warming and the hurry up and fix it scenario. She could surmise that the reason the left went as far as they did was due to the lack of support from government and the large companies. When people are dying due to someone else’s abuse, and no one listens, then one is left with desperation. This desperation, Maggie believed, led to over-exaggeration of the issues. Time would tell if she was on target with her thinking. No doubt, she was in for a few surprises.

-.-.-.-.-.-.-.-.

Hi beautiful. Maggie jumped.

There sitting next to her was the most gorgeous man she had ever seen.

Emeralds she found herself stating.

Excuse me? the tall dark haired hunk sitting next to her spoke. I am such a ditz, Maggie thought. Oh nothing, sorry, I mean I was just… Maggie McGuire extending her hand, and you are?

Patrick Gabriel O’Malley at your service, Gabe commented, never taking his eyes off this beauty.

Ah, you must be the owner of this lovely establishment?

Unfortunately, no, Gabe stated, impressed with her quickness. Just the same last name, spelled differently as well.

Are you new to Charlotte? Gabe inquired secretly hoping she wasn’t married.

Just here on business.

And what business would that be, Gabe inquired.

Maggie was not prepared to expose her hard work to a total stranger. A hot one, she thought, but none the less, a stranger.

I am doing research for an environmental project I am working on.

Ah, Gabe responded, not ready to divulge the fact that he happened to work for one of the biggest defenders of giant companies that got themselves into hot water with environmental disasters. Probably a tree-hugger, Gabe thought. Darn, she was pretty too. Oh well, I don’t need a complicated relationship anyway. Little did he know that Maggie McGuire was thinking the same thing, plus she was bound and determined not to make the same mistakes she had made with the last relationship. Her mind drifted to Mark. She had been a virgin when she met him. They had fallen in love, she planned on marrying him, so giving herself to him seemed only natural. She now realized it may have been ‘only natural,’ but that reasoning did not guarantee a long, forever relationship. All the heartbreak filled her entire being and it took all her resolve not to cry.

Are you okay? Gabe saw a sudden change come over her, one he recognized as pain.

I’m sorry, just old memories. How dumb, I have this gorgeous guy sitting next to me and I am thinking of some other guy, Maggie chided herself.

Determined to get her back to reality, Gabe steered the conversation elsewhere. So, where do you live?

I live in Athens, Ga., Maggie continued, I am a journalist for the Athens Gazette.

And you are hauntingly beautiful Gabe thought.

Well Mr. O’Malley, I am afraid I must get back to my hotel. I have to be up early for business, Maggie stated half-heartedly, she was reluctant to leave and would have stayed if only.

Well then I bid you goodnight and farewell. Gabe took one more glance as she responded Goodnight.

He could not help but think he would meet this angel again.

CHAPTER 3

October – Charlotte, NC

The Ritz

Maggie strode into the Ritz Carlton. She was impressed with the