Monday, March 30, 2009

Team court & prosecutrix v. me - trial fun VI

As you can imagine from the past posts, when my client testified, he wasn't going to get any slack. (No offers of tissues, delays for lunch, how are yous - none of that mess that might help him with the jury.) {I'll find for another blog where the judge admonishes him that she & P didn't want to socialize with him.}

So, he's on the stand & testifying. He had already testified for 28 pages. P objects as she did frequently (sorry - didn't throw me off) & client begins to answer. Unlike other witnesses, judge admonishes him in front of the jury: When the lawyer stands up, that means you're not supposed to answer and I'm supposed to rule before you answer the question. [Of course, I had already told him that but that is not the point - this had already happened several times & I was civil about it but the judge - without a request or further objection from P, jumps Client. Ridiculous but expected.]

I ask to respond & the judge tells us to approach. Guess she figures what I'm about to launch into about HER behavior because it needs to be clear to the jury what she is pulling. P, sensing what is coming, makes up some real BS & says, before we even start talking at the bench, {remember to think in a whiny voice}: He's making faces at the jury as you're talking up here. [Don't know what she is talking about - judge hasn't started to talk yet.] Court: Mr. Gilbert. I see you're shaking your head. It's improper for you to shake your head. If you're indicating your feelings about something, that's improper. So please don't communicate through any gestures. Thank you.

WHAT?!!! He is shaking his head denying the false accusation that P is making. I swear, this was crazy.

We finish talking about her stupid objection which she whines about having been partly answered [okay - he already got jumped for that] when the judge asks if she wants a ruling, and then the judge gives her the correct ruling (using the wrong word)- DENIED.

I then state: Also, I'm going to object to you admonishing my client in front of the jury. What do you think the judge says? Not sorry, or you are right or anything you might expect but: You had an opportunity to object after she asked me to do that. First off, she didn't ask but I couldn't remember so I say, I had an opportunity to object?! I didn't know you were going to admonish him in front of the jury. I've never had a Judge do that. I thought you would tell him at a break. She remarks about how she always does that - LAWYERS - ARE YOU OBJECTING TO THIS?! and I say - I'd object. Thank you. {Do you love how I threw in her phrase thank you?! I had had enough of this trial. The judge was getting the respect she deserved - NONE.}

I'll stop here because this was BIG, folks. And, it was not true to my knowledge. Why would Client make faces at his jury?! He wanted a not guilty. Guess I should have asked if he stuck his tongue out, or winked, or what. It wasn't like he got admonished for shaking his head during someone else's testimony - but during his own.



  1. This is Kennitra. This is the only way I have discovered to comment. I am not anonymous. I am highly upset about the admonishments that you are experiencing. Is anyone down there trying to mete out justice? It seems like the position of judge is just an, in most cases, elevated prosecution position. So the scenario is defense attorney and client against the remainder of the system. Talking about against all odds..........

  2. Thanks, Kennitra. This trial, as another of which I don't have a record because I got a not guilty, were horrible. My client was attacked over my shoulders not only by the prosecutor, but by the judge. You are right about the odds. Justice is a word that too many do not care about. Once charged, it's all about the conviction.

    This judge got to go! (When I finish blogging this one, I'll write about some of the other one - which was in a different court. No quotes because of the not guilty - but it was BAD, too.) Both of these judges still preside (& are still the same.) Got to go, got to go. VOTE!


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