Next Up: Nobody! 2-Hour Interim Summations Thursday
February 23, 2005 3:28 pm by Gene BorioThursday’s court session will see each side’s 2-hour Interim Summations. Both DOJ and Defense asked for an expanded 2 hours. Judge Kessler reluctantly granted their wish.
The schedule will be a little odd, because of an extended lunch period due to a relatively important Judges’ lunch on the new criminal guidelines. Court will break at 11:25, and resume at 2:05PM.
This means that the DOJ will present its Summation in toto in the morning.
The Defense’s Summation will involve 2 attorneys, Philip Morris’ Dan Webb and B&W’s David Bernick. Mr. Webb will get about 45 minutes before lunch, and will finish his presentation after. Mr. Bernick will then complete the Defense’s Summation.
If it’s Tuesday, It Must be Exhibits
Outstanding witness exhibits were dealt with today, Tuesday. Most of the documents the DOJ wanted were allowed in. DOJ lawyer Schwartz was particularly effective in turning Judge Kessler’s mind around and keeping out a Defense exhibit introduced during Schindler’s cross which predated his tenure at RJR.
An interesting aspect came up which reflects on the legally-perceived quality of American journalism: newspaper article quotes are not accepted as fact; such articles are almost never admitted “for the truth of the matter.” Judge Kessler said that anyone who has ever had dealings with the media knows how often it misstates or misrepresents one’s comments.
LANDING LAWYERS AT O’HARE
A major contretemps erupted at the end of the court session over the presentation of witnesses and the formal beginning of the Defense’s case.
Judge Kessler had thought scheduling issues were relatively set. She was wrong. Because of issues surrounding the appeals court ruling, the Defense’s objections to a number of the Government’s proposed non-disgorgement remedies, and the DOJ’s desire to call witnesses to address remedial relief after the issues clear, the Defense wants to begin calling its witnesses on March 14, as opposed to March 1.
As the morning wore on, Judge Kessler said, “If I had known we were going to have this conversation, I’d have scheduled a [mid-morning] break.” Her exasperation only grew, and at one point she berated Mr. Bernick and Mr. Redgrave with, “WHY DID YOU TELL ME TWO WEEKS AGO YOU WOULD BE READY MARCH FIRST?”
Mr. Redgrave told the court he was in charge of scheduling witnesses, and complained, “It’s like landing planes at O’Hare airport.”
Ms. Eubanks had no sympathy for Mr. Redgrave, and the Defense’s “hundreds of lawyers …. We have 35 lawyers, and we have gotten everything in on time.”
Mr. Redgrave retorted, both humorously and seriously, “That I have to deal with more lawyers in my life than Ms. Eubanks is not necessarily a benefit.”