Emerald ring as delivered. Unretouched
photograph made April 14, 1994. |
Customer buys Colombian emerald from Blue Planet Gems,
Inc. (BPG) in February, 1994. BPG mainly uses design provided by customer.
Emerald 3.65 ct; side diamonds 1.01 ct and 1.03 ct; custom-made 18
kt yellow gold mount. Note the great clarity of this fine emerald.
As delivered, the emerald has no fracture and no filler, except a
minor amount of oil in the pavilion, which we had disclosed to the
customer, and is inert to UV light. Note also that there are no sizing
beads in the ring. Customer marries using this ring April 17, 1994,
and departs the following day on her honeymoon, leaving the ring hidden
at home. She resumes wearing the ring during the first week in May,
1994. |
Unretouched photograph made May 9, 1994.
|
Emerald ring as returned to BPG May 6, 1994. Customer
says she hit her emerald on her kitchen counter a day or two earlier
and believes she broke it. Her ring finger is so heavily bruised and
swollen when she arrives at BPG that she has to use hand lotion to
remove the ring. Ignoring the obvious complications associated with
the fracture, customer asks for sizing beads . BPG offers to let the
goldsmith who made the mount look at the ring to see if sizing beads
are possible and delivers the ring to him about 6PM as he is leaving
for an outside appointment. When he returns about 11PM, the goldsmith
calls BPG saying the emerald is so badly fractured that he will not
solder in sizing beads without a written release. BPG tells him to
return the ring without beads, which he does on Monday morning, May
9, 1994. This picture shows the ring's condition on May 9. The emerald
has a surface-reaching fracture from one girdle across the entire
table almost to the opposite girdle, app. 10mm long. This fracture,
caused by the customer's blow to the emerald, emanates from an impact
point near the junction of the gem's table and crown facets. On this
day there is no filler anywhere in the substantial fracture and the
entire emerald is still inert to UV. Note especially in this top view
there are no sizing beads in the shank. To show the ring exactly as
it appeared, neither the emerald nor mount is cleaned for photographs.
|
Emerald photographed using mainly back-light.
Unretouched photograph made May 9, 1994. |
Microscopic view of the emerald as customer delivered
the ring to us after she had fractured the gem. Note particularly
the white impact point where the blow occurred. Tiny particles of
crushed emerald surround the impact point. A nick knocked from the
emerald is clearly visible under medium magnification. There is no
filler of any type anywhere in this app 10mm long fracture. |
Unretouched photograph of emerald using
mainly top-light made May 9, 1994. |
From a slightly different angle, the impact point is
clearly visible on May 9, 1994. There is no filler of any type in
the fracture. |
Unretouched photograph made May 9, 1994
|
Although the customer says she wore her ring for less
than a week before fracturing its emerald, the gold mount shows considerable
abuse. There are dings and scratches all over the mount, causing two
witnesses to testify in court that the ring showed signs of above-average
damage. One noted that he had seen rings worn for years with less
damage. |
Unretouched photograph made October 13,
1995. |
During depositions in October, 1995, BPG sees ring
for first time since May 10, 1994. Three major changes are noted and
confirmed during an examination at Continental Jewelers, where State
Farm Insurance Co. had ordered the ring sent. Although the ring was
brought in ostensibly for an emerald replacement, State Farm had ordered
the mount cut apart, even though it did not and still does not own
the ring. Thus evidence that we need in the case against us has been
destroyed. During our examination we discover four significant changes
to the ring: (1) There is filler in the emerald'sfracture and the
filler fluoresces to UV light. (2) There are sizing beads in the mount.
(3) The emerald and diamonds have been cut from the gold mount. (4)
There are rows of glue inside the mount. The goldsmith who set the
emerald for BPG later swears in his testimony that he never uses glue
when setting and did not use glue to set this emerald. |
Unretouched photograph made April 11,
1996. |
The filler in the emerald is spotty and uneven, obviously
done in haste by a party still unidentified to us or to the court.
Instead of being "invisible," as State Farm and our customers would
like to have everyone believe, this fracture is clearly visible in
any light, the filler is visible under any magnification, and the
fracture is easily detected with a fingernail. The filler glows brightly
under UV, in sharp contrast to the emerald's being inert to UV when
we sold it and just after the customer fractured it.
BPG sold an emerald without a fracture (and thus without filler)
and a mount without sizing beads. While the ring was under the sole
control of its buyers between May 10, 1994 and August 8, 1994, the
emerald was filled by someone unknown to us, and sizing beads were
soldered into the ring mount. BPG had nothing to do with either
change.
|
It is important to remember that the buyers sued my partner and me personally, and sued our corporation, State Farm, and the ring's appraiser. State Farm changed tactics during the trial to attack us instead of defending itself against the plaintiffs' charges. By so doing State Farm obviously hoped to not pay the $58,500 claim for the ring. And helping the plaintiffs by attacking us allowed the plaintiffs to seek triple damages as well as seek payment of their legal fees, options that were impossible if they had gone after State Farm instead of us. Both State Farm and the plaintiffs benefitted by turning the case against BPG, my partner, and me, the only innocent parties in the case.