By Bill Miller, August 31, 2004

DALLAS - A plaintiff's attorney on Monday challenged the owner of the bus company involved in a deadly 2002 crash near Terrell to explain contradictory statements and to apologize.

It was the second day for defendant Eric Rockmore to take the witness stand. Survivors of the deadly crash claim that he negligently dispatched a fatigued driver with cocaine and Valium in his blood to help transport a youth group from Metro Church in Garland to a camp in Louisiana.

Lawyer Mark Werbner asked Rockmore to explain differences in his statements made during the trial and others made earlier in a videotaped deposition.

At issue is whether Rockmore knew before the trip that Carter was fatigued because he had just driven a chartered bus from Florida for a different company. In his deposition, Rockmore said he had heard that Carter would be traveling to and from Florida.

On Monday, however, Rockmore said he should have clarified that statement. "I wasn't for sure if he actually made the trip or not," he said.

A Texas highway patrol officer testified last week that Carter did not adhere to federal rules that regulate how long a driver must rest before returning to the road.

Investigators also have said that Carter spent the night before the crash talking on his cellphone, and that, combined with Valium in his bloodstream, probably caused him to fall asleep at the wheel.

The crash on June 24, 2002, killed Carter and four youths. Dozens of others were severely injured.

Rockmore also said that he asked Carter to show him a log book and was given a fresh document with no entries.

Werbner asked why Rockmore didn't question the information if he had heard that Carter may have just returned from the road and was ineligible to drive.

"The reason you let him drive off, even though you knew he had been on a Florida trip, is because you didn't care," Werbner said.

Rob Miller, Rockmore's attorney, objected to the comment, stating that it was argumentative. But, before Judge Mary Murphy could rule on the objection, Werbner passed the witness.

Werbner has said he will prove that Rockmore did not adequately check Carter's background and that Rockmore falsified documents after the crash stating that Carter was a suitable driver.

"Do you want to apologize to anyone in this courtroom for fabricating documents?" Werbner asked.

Miller objected, again saying that the question was argumentative.

Murphy sustained the objection.