Thursday, October 25, 2007

Kohring Trial Day 4 - Morning Report

I didn't get enough sleep last night, and then I spent most of the lunch break talking to people, so there isn't much time left.

Morning was tedious. Prosecutor Sullivan questioned Veco VP Rick Smith about oil and gas policy. There was a closed meeting with the judge and attorneys early this morning to talk about confidentiality issues in cross examining the witnesses to protect on-going FBI investigations from being exposed. Defense attorney Browne must have also gotten in some restrictions on the use of audio and video tape.

In the previous trials, this was the point where the government played the tapes and had the witnesses interpret them. This was the most interesting part of the other trials in many ways. You would see and/or hear the witness in the tape and then hear his explanation of what was happening. But today the government hasn't played any tapes. When they tried, Browne has objected and forced them to work from the transcripts. This is not nearly as interesting or compelling. The jury did see the tapes yesterday when they were introduced, but the government doesn't look like it's going to get the advantage of playing them over and over again before the jury. This may also have put the government off its stride.

The discussion of the tax details dragged. Sullivan had his script and it sounded like he was perfunctorily reading the questions. It needed to sound more conversational, not like a list of questions he was checking off as he read them. And Smith's slow gravelly voiced responses didn't help.

And then they weren't able to show the tapes.

Score this round for Browne.

2 comments:

  1. Smiling here. You won't catch me giving scores. Although I used a sports metaphor, this isn't as linear as a game. Both sides are building their arguments. Whatever 'points' they make at any time,could collapse or become impregnable at any time before the end.

    And then jury is the wild card. This one is better dressed - most of the men had shirts with buttons down the front yesterday and the tie guy was still wearing a tie. And they take notes.

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