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re: The Depp/Heard Trial is the gift that keeps on giving

Posted on 5/25/22 at 8:43 pm to
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/25/22 at 8:43 pm to
quote:

“this is not as simple as yes or no,”


If the question is asked well, you wouldn’t get far with that.

Q: Did you say xyz? Yes or no.

A: This not as simple as yes or no.

Q: Excuse me sir, but whether you said xyz isn’t as simple as yes or no? Really? You cant tell this jury plainly and clearly whether you said xyz or not?

IDGAF what you say at this point, you lost.

It’s even worse when you say “I’ll answer the question completely, not the answer you’d prefer to hear,” because I’ve almost certainly got your arse nailed down on it nine ways from Sunday in your deposition.

Cross is all about control. If a deposed witness fights back on well crafted questions, I’m going to make that hurt.
This post was edited on 5/25/22 at 8:46 pm
Posted by laxtonto
Member since Mar 2011
2787 posts
Posted on 5/25/22 at 8:46 pm to
Is there any way to correct the record on this on rebuttal tomorrow, or with it being in, its in?
Posted by JDPndahizzy
JDP
Member since Nov 2013
6966 posts
Posted on 5/25/22 at 8:48 pm to
Didn’t those text come off of his buddy’s phone? That would explain the incoming.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147132 posts
Posted on 5/25/22 at 8:48 pm to
quote:

If the question is asked well, you wouldn’t get far with that.

Q: Did you say xyz? Yes or no.

A: This not as simple as yes or no.

Q: Excuse me sir, but whether you said xyz isn’t as simple as yes or no? Really? You cant tell this jury plainly and clearly whether you said xyz or not?

IDGAF what you say at this point, you lost.

It’s even worse when you say “I’ll answer the question completely, not the answer you’d prefer to hear,” because I’ve almost certainly got your arse nailed down on it nine ways from Sunday in your deposition.

Cross is all about control. If a deposed witness fights back on well crafted questions, I’m going to make that hurt.

the metadata expert and Heard's attorney had a Marisa Tomei in My Cousin Vinny "it's a trick question" moment
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147132 posts
Posted on 5/25/22 at 8:49 pm to
quote:

Didn’t those text come off of his buddy’s phone? That would explain the incoming.

possibly... they could've come from Stephen Duter's phone

but that wasn't clear

ETA: also... it's a group text... it could've been sent by someone else in that group text... not Depp
This post was edited on 5/25/22 at 8:50 pm
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/25/22 at 8:49 pm to
quote:

Didn’t those text come off of his buddy’s phone? That would explain the incoming.


I thought they said it was from Depp’s production of documents. But I see the point about “incoming.” Strange Depp’s team didn’t fix it on redirect.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6966 posts
Posted on 5/25/22 at 8:50 pm to
Those text are from 7 years ago. I guarantee I texted some shite I don’t remember 7 years ago lol
Posted by JDPndahizzy
JDP
Member since Nov 2013
6966 posts
Posted on 5/25/22 at 8:52 pm to
quote:

m Stephen Duter's


Yes! I think that’s what I remember them asking
Posted by 777Tiger
Member since Mar 2011
92264 posts
Posted on 5/25/22 at 8:53 pm to
Turned out okay for me didn’t hurt that the attorney was a pompous arse prick that seemed to be disliked by every other attorney( including the judge,) in the entire county

ETA: I’ve never had anything said in a depo come up in the courtroom but I’m a good client and have always told my attorneys is that you will never have to tap dance or do damage control due to my testimony as I will never lie on the stand
This post was edited on 5/25/22 at 8:59 pm
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/25/22 at 8:53 pm to
quote:

the metadata expert and Heard's attorney had a Marisa Tomei in My Cousin Vinny "it's a trick question" moment


I saw that! It was beautiful.

Ultimately he couldn’t say any photos were altered. He could only say they weren’t original and had been opened in a photo editor.

Heard’s lawyers took a lick when it came out that their “evidence” photos were screen grabs from Microsoft!
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147132 posts
Posted on 5/25/22 at 8:57 pm to
quote:

Those text are from 7 years ago. I guarantee I texted some shite I don’t remember 7 years ago lol

I don't want to know what my texts from 7 years ago look like
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/25/22 at 8:57 pm to
quote:

the attorney was a pompous arse prick


Occupational hazard, I’m afraid!

Reminds me of a time I was sitting around a conference room table with a bunch of lawyers and experts.

Someone was trying to recall a name: “You know, that a-hole lawyer from Dallas.”

Five of us replied in unison: “You’re going to have to be a lot more specific! That describes a lot of people!”
This post was edited on 5/25/22 at 8:59 pm
Posted by 777Tiger
Member since Mar 2011
92264 posts
Posted on 5/25/22 at 9:00 pm to
I can relate
Posted by molsusports
Member since Jul 2004
37537 posts
Posted on 5/25/22 at 9:10 pm to
quote:

the question is asked well, you wouldn’t get far with that.

Q: Did you say xyz? Yes or no.

A: This not as simple as yes or no.

Q: Excuse me sir, but whether you said xyz isn’t as simple as yes or no? Really? You cant tell this jury plainly and clearly whether you said xyz or not?

IDGAF what you say at this point, you lost.



My perception as a non lawyer listening to to a lawyer trying to force a specific answer is generally different. I usually wonder if the lawyer is trying to salami slice a partial truth to misrepresent a larger truth (essentially forcing someone to lie by what they appear to imply or the lawyer hopes the court will infer).

What I really want to hear is that witness tell their version of the larger truth. Obviously you know what the lawyer wants. But the lawyer's interest in the truth rarely seems to motivate their behavior. If the witness is dishonest the more they babble or confabulate the more obvious that becomes. If the person on the stand is trying to be truthful I would hope that shows through directly or indirectly.

I recognize I'm no expert and no lawyer. But I doubt I'm alone in my tendency to assume lawyers have only a passing interest in honesty or just outcomes in the cases when their careers benefit from the opposite.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 5/25/22 at 9:13 pm to
quote:

But I doubt I'm alone in my tendency to assume lawyers have only a passing interest in honesty or just outcomes in the cases when their careers benefit from the opposite.


Nobody does. Jurors expect you to biased as a lawyer. The only impartial person in the courtroom is the judge, which is why you NEVER draw the ire of the judge in front of the jury.

The flip side of “a lawyer forcing an answer” is a witness being evasive. And good cross shows the witness hasn’t told the whole story, or doesn’t know it, or can’t remember it.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147132 posts
Posted on 5/25/22 at 9:16 pm to
quote:

The flip side of “a lawyer forcing an answer” is a witness being evasive. And good cross shows the witness hasn’t told the whole story, or doesn’t know it, or can’t remember it.

trying to think of this as someone who could end up in a juror's chair... cutting off a witness... esp. an expert... like Heard's team was doing to the metadata expert a number of times today... would absolutely put me in the "what does the lawyer not want him to say?" camp
This post was edited on 5/25/22 at 9:18 pm
Posted by 777Tiger
Member since Mar 2011
92264 posts
Posted on 5/25/22 at 9:17 pm to
Yeah, not a lawyer either but as an observer/juror, when the attorney starts that yes or no shite I sense they’re grasping for straws and aren’t confident/ comfortable with their stance on the current subject, and probably don’t won’t the judge/jury to hear anymore than that
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147132 posts
Posted on 5/25/22 at 9:21 pm to
Legal Mindset... a LawTuber... is on now talking about today's proceedings

this Valliant Renegade fella on with him is from Louisiana... he posts here doesn't he????

ETA: he's from NOLA... he definitely posts here

gotta find his handle
This post was edited on 5/25/22 at 9:52 pm
Posted by molsusports
Member since Jul 2004
37537 posts
Posted on 5/25/22 at 9:29 pm to
quote:


The flip side of “a lawyer forcing an answer” is a witness being evasive. And good cross shows the witness hasn’t told the whole story, or doesn’t know it, or can’t remember it.


I think that's usually pretty obvious and fair. Memories are highly fallible and testimony IMO is never as reliable as hard evidence.

I wouldn't find any lawyer at fault for trying to nail down specifics after someone tries to answer completely. I just worry about the omissions when a lawyer attempts to hide parts of the testimony with yes or no answers.

I would rather hear someone honest say "I think so" (and why) than someone say "I'm positive" with no explanation. The frailties of memory and evidence really preclude certainty on most things we are "certain" about.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147132 posts
Posted on 5/25/22 at 9:43 pm to
speaking of really fricking terrible ideas...

quote:

Chanley Shá Painter @ChanleyCourtTV
#AmberHeard is expected to return to the stand in her rebuttal case TOMORROW (scale emoji)

Whatever she says will likely be the final testimony the jury will hear @CourtTV

Camille getting to cross her again???

POP... frickING... CORN
This post was edited on 5/25/22 at 9:44 pm
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