try to reset them, you know, override the autopilot, but nothing happens. They got out a mayday transmission, but barely. After that, she said it was just, uh, screaming. I think some praying.” Metz closed his eyes.
“And the data recorder information bears that out? The onboard computer changed the coordinates all by itself and couldn’t be overridden?”
“Yes. Oh, and the plane accelerated right before impact. No one else knows any of this yet—not even anyone inside the company. The TSA and NTSB asked Vivian to keep it to herself until they complete their initial analysis of the data, but, of course, she told me. And this conversation is privileged, so, I figured it’s okay to tell you.”
Sasha tried to imagine how the crew must have felt, watching the mountain loom closer and being unable to do anything to stop the plane from plowing into it. Powerless.
But the facts, horrible as they were, seemed to be helpful to Hemisphere Air’s defense. Either Metz was in complete shock or she was missing something.
She tried to pull Peterson into the conversation. “Noah, based on what Vivian’s learned from the NTSB, don’t you think it sounds like Hemisphere Air has a good indemnification claim against the manufacturer? Who was it—Boeing?”
Peterson nodded absently.
Metz shook his head. “We don’t.”
Sasha spoke slowly, almost as if he were a child. “Bob, if a plane suddenly changes its coordinates and locks them in, that’s not pilot error or a maintenance problem. In my view, that would result from a manufacturing defect. You can turn to Boeing for that.”
Metz shook his head again, miserably. “Not this time. You know how if you make aftermarket modifications to your car, you void the warranty?”
“Sure.”
“We modified that plane. Over Boeing’s express objection, we installed the RAGS link.”
“The what?”
Sasha thought she knew everything there was to know about Hemisphere Air’s business, and she had never heard of RAGS.
Peterson shook his head. He didn’t know about it either, assuming he had even heard what Metz had said and wasn’t just randomly moving his head.
“RAGS,” Metz said. “The Remote Aircraft Guidance System.”
Peterson, finally brought to life by the prospect of a legal malpractice claim, asked one question.
“Did Prescott & Talbott opine on the advisability of installing this RAGS link?”
Metz pushed his plate away.
“You did. Well, not you, of course, someone in your contracts review group. You told us not to do it. But Vivian insisted.”
Not good for Hemisphere Air. Good for Prescott & Talbott, though. Peterson’s shoulders relaxed and he went back to staring off into space.
“What exactly is a RAGS link, and why did Vivian want it so badly?” Sasha asked.
“RAGS was conceived after 9/11. The TSA put out a call for technology companies to develop systems to safeguard the skies. Most of the responses were ideas to reinforce cockpit doors or onboard scanners to detect metal that made it through airport screening. You know, responding to the attack that already happened, not protecting against the next thing. But an outfit called Patriotech developed a program that could tap into the autopilot system in the event of a hijacking. Basically, it would allow an air marshal to control the plane remotely, from the cabin. He could thwart the hijackers without being detected, avoiding a dangerous mid-air confrontation that could risk the lives of passengers.”
Sasha shrugged, “Sounds like that’s not a bad idea.”
“Oh, it’s not. And, early on there was a lot of excitement about it. The Air Marshals were considering it. They approached Vivian about participating in a pilot program, and you know Viv.” Metz looked meaningfully at Peterson and then at Sasha.
Sasha actually didn’t know Viv, but she knew of her.
Vivian Coulter was a legend around the office. She’d been one of the first women in the firm to make partner, which was quite