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Expert Witness

by Edmund Michael Strong

370 pages; quality trade paperback (softcover); catalogue #03-0404; ISBN 1-4120-0041-6; US$29.00, C$33.00, EUR24.00, £17.00

"An engrossing thriller involving the government's attempt to cover-up th cause of a mid-air collision. Multiple plots with strong character interaction. A very dramatic story that will hold your interest."

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About the book      About the author      Sample excerpt      Catalogue info

About the Book The story revolves around Michael Edmunds, an expert in aircraft accident investigation from the air traffic control perspective. Two planes, a commuter and a private Cessna aircraft, under radar control and reported at different altitudes, collide in weather conditions that precluded them from being able to see one another. The NTSB [National Transportation Safety Board] attributes the crash to pilot error since it appears from the voice tapes the controller made no mistakes. A US Senator's wife is among the dead. The Senator, distrustful of the FAA [Federal Aviation Administration] peruses an in-depth investigation through a prestigious Boston law firm run by an old friend. The firm hires Edmunds as a consultant and expert witness to review the case. Upon arrival at the law firm, Edmunds discovers his ex-fiancé, who ended the relationship twenty-one years earlier, is representing the estate of the pilot killed in the private aircraft. They will be working together with a young lawyer from the Boston firm chosen for the case because he is the only lawyer with a pilot's license and background in air traffic control. The break-up had not been a good one, to say the least. Edmunds has strong feelings of anger and resentment, emotions he will have to deal with. The relationship among the three develops in stages. They quickly learn that the case has all the earmarks of a government cover-up and that it will take an extraordinary effort on their part to prove the government, not the pilot, at fault. The story takes us into the cockpit of both aircraft and the minds of the pilots; into witness briefing sessions and courtrooms; into government offices and planning strategies; into the realm of the air traffic control and the controller; and into the lives of those impacted by the crash. There are twists and turns, legal arguments, philosophical arguments, and a look into the relationships and mind sets of those players on both sides of the issue.

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About the Author Edmund M. Strong is an authentic New Yorker from Brooklyn; brash, opinionated, and combative, with little tolerance for phonies. He is a veteran of twenty-nine years as a Professional Air Traffic Controller having worked at some of the largest radar and control tower facilities in the United States: Miami; Denver; Oakland; and Washington-Dulles to name a few. Retired from the Federal Aviation Administration, he now runs his own consulting business and has testified and provided air traffic control expertise in some of the biggest aviation crashes in US history. His novel reflects his protagonist's "take no prisoners" attitude towards the Department of Justice, the FAA, "affirmative action" and the proponents of "political correctness". Testament to his tenacity is forty plus years of competitive running including nineteen marathons and countless 10K's. Ed Strong is a Commercial-Instrument, Multi-engine pilot. He holds advanced Flight Instructor and Ground Instructor ratings and is a graduate of Barry University, Miami, Florida with a BS degree in Business Administration. He is also an accomplished pianist, and an advocate of Ayn Rand and Milton Friedman. Ed now makes his home in Ft. Myers, Florida where he pursues sailing and tennis.

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Sample Excerpt

CHAPTER XVI

THE MEETING

Courtney Braxton arrived at Edmunds'suite at 8:55am and gave two quick knocks at the door. Edmunds had been up since five; he had jogged six miles, showered, ate breakfast and had been reviewing documents for the past two hours. He had had trouble falling asleep that evening but managed to drift off after the wheels of his mind finally decided to ground to a halt after continually rehashing his meeting with Blair. He was wearing cut-off jeans with a dark blue knit polo shirt he had ordered from a 'Lands End' catalogue. Edmunds put down the papers in his hand, got up from the couch, stepped over his attache case, and opened the door. Courtney, wearing crème colored Dockers' jeans, a white Ralph Lauren polo shirt purchased at Neiman Marcus, and brown loafers, stood in the doorway looking eager and ready to go; a smile on his face. Edmunds couldn't help but be amused at the young man's appearance and demeanor. "Buenos dias, Courtney. Como estas tu'?

"What!?"

"Good morning. How are you?"

"Oh. Fine, thanks. That was quite a gambit you pulled the other day, getting me assigned to the case." Courtney walked in and closed the door behind him. Edmunds returned to the couch. Courtney stood next to one of the two chairs that comprised part of the suite.

Edmunds leaned back. "I don't think I had anything to do with it. Frank had you in mind all along. Make yourself at home, Courtney. Grab a seat."

"Maybe, but thanks anyway. By the way, how long have you known her?" He sat.

Edmunds' antenna got whip lash. "Who?"

"WHO? The queen mother! You know very well who, you schlemiel." Braxton had looked up the definition. "Karen Blair, that's who."

"What makes you think I know her?" Edmunds tried to feign bewilderment and act nonchalant, but Braxton had caught him flatfooted, and Braxton knew it.

"I saw the look that passed between you two at the office. You know her. Not bad for a preppie with an outcome based education, huh?" Braxton was grinning from ear to ear and his eyes were wide with the delight of being pleased with himself.

Edmunds starred at Courtney over the top of his glasses. His look was a mixture of resignation and respect for Braxton's powers of observation. He wondered if anyone else had seen what had passed between Karen Blair and himself. They hadn't.

"Yes. I know her. It was a long time ago."

"So...details, details!" Courtney's demeanor became that of an excited child waiting for a present.

Edmunds' voice turned serious. "We don't have time for general explanations, much less details. Look Courtney, please don't let on what you know to anyone, especially Blair. It's a long and complicated story. I promise I'll fill you in sometime, but for now it's important to pretend you don't know she and I had a past together. OK?"

Courtney sensed Edmunds was asking for a huge favor. He was happy to oblige. The excited child morphed back into a serious young man. "No problem."

"Thanks Courtney. I owe you."

As if on cue there was another knock. Edmunds cocked his head towards the door. Courtney practically leaped from his seat to open it.

It was a moment before Courtney realized he was staring at her. Karen Blair was much older than Courtney, but that didn't stop him from appreciating her class and style, not to mention her stunning good looks, hour glass figure, and impeccable dress. She had shed the previous evening's all black look for black dress slacks, a high button top silk sliver blouse accented by a white silk scarf. A thin black leather belt with a silver buckle surrounded her waist, and a black and white tweed jacket interlaced with silver completed the look.

Courtney attempted to recover from the stare by trying to keep his voice low and professional, but what came out of his vocal chords sounded more like a smitten sixth grader greeting his pretty teacher than a sophisticated, well bred Bostonian extending a simple greeting. "Good Morning Ms. Blair, please come in." His ears couldn't believe the way his voice sounded. Blair flashed a smile at him and entered the room.

"Thank you. Call me Karen, please."

"Karen." His voice still didn't sound right. Courtney made a mental note to kick himself later for appearing like a stumbling schoolboy.

"Good morning, Ms. Blair." Edmunds spoke politely. The sound of his voice was exactly what Courtney had tried for. It was effortless. For a moment Courtney was envious.

"Why don't you call me Karen, also?" She gave Edmunds a look. The smile had dissipated. For a moment everyone starred at nothing in particular.

"Let's get started." It was Edmunds. They all sat down. Edmunds and Braxton each took a corner of the couch located in the small living room of Edmunds'suite. Blair planted herself in the opposing chair; the coffee table between them was strewn with documents.

"If anyone, at anytime, has thoughts that we're not going in the right direction, speak up, even if you think you're out in left field. I don't care. I want all the input we can generate."

Edmunds had flown with a lot of captains who had basically said the same to him as he sat in the jump seat-if you think you see something you think is wrong, speak up. They wanted everyone in the cockpit contributing to the safe completion of the flight and they were secure enough in their abilities to not let their egos think no one else could assist them to that end. Edmunds particularly admired those pilots and had adopted that philosophy in his own work as a controller, a pilot, and especially as an expert witness.

Edmunds continued. "One of you might see something I don't. My ego is a long way from fragile. I want to arrive at solid conclusions and I don't care who thinks of them. I can tell both of you this case is not going to be won with the information we have from official sources. Official information will be useful for determining what we don't have. After that, we'll have to ferret out what we need from other sources. We are going to have to be creative. We are going to have to be tenacious. We are going to have to be a first class pain in the rear to the FAA, no holds barred. I spoke with Frank last night and gave him my two cents worth. With what we have right now, this case is a loser. There is nothing showing that the FAA or the controller did anything to cause this crash."

"Then why are you taking it?" Blair asked. She had beaten Courtney to the question by a second.

"Because it has innuendos that scream screw up, that's why. My instincts tell me something is very wrong with what everyone seems to believe is the obvious cause. There's always the possibility my suspicions are all wet; that in fact, Alonzo Crawford descended without a clearance and killed everyone..."

Courtney interrupted. "Do you think he did?"

Edmunds looked directly at him. "Is it possible Crawford descended without a clearance, Courtney? "He asked the question as a teacher would ask a student.

"Sure. "

"You're right. Of course it is. Anything under the sun is possible. Lawyers use the phrase 'isn't it possible' all the time in court. But 'possibility' is not the question, 'probability'is. Here's a hypothetical Courtney. Peter Pilot purchases a sophisticated airplane-let's say a Cessna Centurion-and takes flying lessons in it until he's highly qualified. He updates the aircraft's equipment on a regular basis and take all kinds of refresher courses to stay current on the latest air traffic control and flight procedures. In addition, he constantly flies in the air traffic system under all kinds of weather conditions and proves himself to be a consummate professional. Question. Is it possible for this pilot, on an I-F-R flight plan, operating in I-M-C conditions, at night, with all his equipment functioning normally, except his Mode C, to leave his assigned altitude without a clearance? Answer. Yes, it's possible. My question to both of you is: Do you think it's reasonably probable?"

Blair and Braxton looked at one another then at Edmunds. "I can't imagine me doing that," said Braxton.

"I can't imagine you doing that either, or me, or anyone else who's instrument qualified and current, but supposedly, Alonzo Crawford, who had more I-F-R experience than most pilots, did. That strikes me as an incredible coincidence, and I don't believe in coincidence."

"Wait a minute! Wait a minute!" said Blair. "What's I-F-R; what's I-M-C; and what's Mode C?"

Courtney jumped in. "I-F-R means instrument flight rules. Crawford was operating under those rules. They apply to pilots operating on an instrument flight plan which means, among other things that air traffic control is required to provide him with separation from other aircraft on I-F-R flight plans, such as the Brasilia. I-M-C means instrument meteorological conditions. Basically that means he was flying in weather conditions that precluded him from being able to see outside the cockpit. He had to rely strictly on his instruments to fly the plane. Given that it was night and raining, I doubt Crawford or the Brasilia crew had any outside visibility. It's unlikely the ever saw one another, certainly not in enough time to take evasive action. Mode C is a piece of electronic equipment in his aircraft that generates an electronic signal to the controller's scope which allows the controller to read his aircraft's altitude to the nearest hundred feet."

Well done Courtney, thought Edmunds. He addressed Courtney. "If you were flying in I-M-C Courtney, would you be more prone to pay closer attention to ATC than normal"?

"Yes."

"Me too, and I suspect, so would Crawford. So I asked myself, what in the world happened that made Crawford think he could descend? If it wasn't memory lapse it had to be something the controller said. I don't believe for a moment he had memory lapse, soooo....was there anything in the transmissions from Jason that would lead Crawford to believe he could descend?"

"And...." Courtney and Karen Blair said the word in unison.

"There are clues suggesting there was." Edmunds looked back and forth at them.

"I'll bite," said Courtney. "What are they?"

"O. K. Courtney. You've recently been practicing instrument approaches. When you're cleared for an I-L-S approach the controller's phraseology is-just for example-three miles from the marker, turn right heading zero two zero, maintain three thousand until established on the localizer, cleared for I-L-S approach. Or if you're in a holding pattern at a V-O-R, it'll be something along the lines of, maintain three thousand until the V-O-R outbound, cleared for V-O-R approach. With all that verbiage it's kind of hard not to know you've been cleared for an approach, which means you're also cleared for descent, vis-a-vis the provisions of the approach chart."

Courtney responded. "Which means a pilot normally receives a rather long and explicit transmission when he receives an approach clearance. If the controller issues a new altitude rather than an approach clearance he will say, 'descend and maintain'. None of this happened to Crawford; sounds as though you're making the government's case."

Blair felt ignorant, but she knew she had to understand everything if she was to be useful in this case. "I'm sorry. I don't mean to slow down the two of you, but I need to know what I-L-S and V-O-R mean if I'm going to 'keep-up.'

Edmunds took over the instructor role. He knew Blair was right. She was going to need this information. "The letters stand for 'Instrument Landing System' and 'Very High Frequency Omni Range.' They are two different types of ground based navigational aids that are located all over the country. Each 'NAVAID' continually transmits electronic signals over its own specific frequency. Let's start with V-O-R's. Think of a V-O-R transmitter as a bicycle wheel turned horizontal to the ground with three hundred and sixty spokes on it. These 'spokes' are technically called 'radials.' These radials are electronically generated at an angle out from the center of the wheel for hundreds of miles and each represents one degree of the compass. A pilot can identify any given radial on any given V-O-R by simply 'tuning-in' the frequency of that V-O-R transmitter and reading the information from his V-O-R receiver. If the pilot is on the zero nine zero radial, he would be east of the V-O-R. If he is on the two seven zero radial, he would be west of the V-O-R. You get the drift. The pilot would also be able to determine how far away he was from the V-O-R to the nearest tenth of a nautical mile by reading his 'Distance Measuring Equipment,' D-M-E for short. Some radials are designated as airways. These airways are given names so as to be easily identified. Other radials are designated as a final approach course to an airport, or to a specific runway. Most airports have a V-O-R located on the field. All of the information about frequencies, locations, airway names, radials used for approaches to an airport, etc. is on the aeronautical enroute and approach charts carried by pilots."

Edmunds glanced over at Blair. "Are you with me?"

"Yes." She had no trouble following his explanation. Courtney had never heard the bicycle wheel analogy. He was impressed with how it simplified a complicated concept. He had listened to flight instructors teach for hours on the topic of V-O-R's and still not adequately explain their function and use.

"Fine. Let's talk about the I-L-S. An I-L-S is associated with a specific runway, period. Most runways at major airports have an I-L-S associated with them. In fact, a lot of small airports are equipped with I-L-S systems on their runways, as well. The I-L-S is used strictly for approaches. It has two transmitters. One transmitter, called the localizer transmitter, is placed at the end of the runway opposite from where the aircraft is approaching. It sends a signal, called a localizer, directly down that runway. Think of this localizer signal as a continuation of the paint stripe on the runway's centerline extended out to eighteen miles. The pilot receives that signal on his I-L-S receiver and the information tells the pilot if he is right of the runway's centerline, left of the runway's centerline, or right on the runway's centerline. The pilot uses this information to adjust his course accordingly. A second transmitter is located at the opposite end of runway from the localizer transmitter; the end being approached by the aircraft. This transmitter sends out a signal called the glide slope, usually at an angle of three degrees. The glide slope indicator on the pilot's I-L-S receiver tells him if he is above the glide path, below the glide path, or right on the glide path. An I-L-S approach is called a 'precision approach' because it has an electronic glideslope. A V-O-R approach is called a 'non-precision' approach because there is no electronic glideslope associated with it. Both approaches are designed to eventually place the aircraft at a position and altitude which will allow the pilot to discontinue using his instruments and continue the very last part of the approach by outside visual reference for landing. This position and altitude is usually a half mile from the runway just a few hundred feet above the ground. The final position and altitude point for an I-L-S approach is called 'Decision Height.' The final pos i t i on and altitude point for a V-O-R approach is called 'Minimum Descent Altitude.' There is a technical error or two in what I just said, but they are irrelevant to this conversation. That's the basics in a nutshell. I still have my instructor notes and lesson plans from my teaching days at the academy. I'll give you the ones on I-L-S and V-O-R approaches. You can look them over when you get a chance. I think they will be self explanatory, but call me if you need any help."

Blair was incredulous. "You have those notes and lesson plans with you?"

"No. They are on my home computer's hard drive, but I can tap into it through my laptop and print them for you." Several hours later, Blair would read those notes. She didn't need to call Edmunds. They were laid out logically. Edmunds explained everything by first referring to what people knew as laymen and then relating that knowledge to new concepts. Following his notes was a breeze.

"Back to you, Courtney. I believe you were saying something about me making the governments case because we're missing the 'long and explicit' transmission required to issue a clearance, and in the absence of such a clearance Alonzo Crawford descended without authorization."

Courtney couldn't believe Edmunds had not lost his place in his conversation with him; Courtney had. He managed to stammer..."Ah, yes, that's where we were. Yes."

Edmunds' demeanor took on that of a professor trying to get his favorite student to think. "Suppose you're flying I-F-R at 11,000 Courtney, you're approaching your destination, and the controller gives you an instruction or clearance; let's also assume you understood what was said. Now, if it was obvious the controller was busy, what phraseology options would you have in acknowledging his transmission."

Courtney thought a moment. "Normally I would read back the clearance or the instruction, but if it was busy, as you say, I suppose I'd say 'Roger' and give my call sign."

"You would, huh. What does 'Roger' mean Courtney?"

"It means I received your transmission, understand it, and will comply." Courtney couldn't believe Edmunds would ask such a basic question.

"Wrong."

So much for basics, thought Courtney.

Edmunds helped him. "It means I have received all of your last transmission, period! It does not mean 'yes.' It does not mean 'no', and it definitely does not mean 'I will comply.'"

Braxton wondered where Edmunds was going with this. "Then why would a pilot 'Roger' something he's not going to comply with"? Braxton's question was reasonable.

Now he's starting to focus, thought Edmunds. "A pilot shouldn't. If a pilot doesn't understand a transmission, he's legally obligated to get clarification. I know 'Roger' is commonly used to mean 'I received and understand your transmission,' but technically, that's incorrect. Some foreign air carrier pilots say it all the time. They're too embarrassed to admit they don't understand. Rookie pilots do it too. It's incredibly stupid, but it frequently happens."

Braxton turned to Edmunds. "You think Crawford 'Rogered' for something he didn't understand? That won't help our case."

Edmnds looked at his young friend. "You've read the transcript Courtney. The transcript shows Crawford didn't 'Roger' for anything, however, I think he acknowledged for something he understood perfectly and the controller did not. I just haven't figured out what. Let's try this Courtney, suppose you had received the last transmission Crawford received, how would you have acknowledged for it knowing what you know now about phraseology?"

Courtney smiled as he looked at Edmunds. "Well...given what we just talked about, I would say 'Roger,' since I haven't received any clearance or instructions."

Edmunds nodded. "A perfectly reasonable and correct response, Courtney." Edmunds looked at Courtney who looked back with a question mark written all over his face.

The young lawyer had to ask. "What's your point?" Karen Blair had followed their discussion with an intensity she didn't realize she possessed. She wondered the same thing.

Edmunds looked at both of them. "Take a look at the transcript boys and girls. What was Crawford's acknowledgement?"

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Catalogue Information

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