Law Humor

By Judge Jerry Buchmeyer

From Judith K. Shipway of Austin, Judith is an Assistant District Attorney for Travis County. This excerpt is from direct examination conducted by Chris Dagan, also a Travis County Assistant District Attorney. Judith suggests this is how "a careful prosecutor makes sure the record clearly reflects the meaning of the words used by a witness in his or her testimony."

A. "Well, I'm walking home," is what he tells me, "I"m walking home." And she opened the door and jumped out. Then he said she stood up and flicked him off.

Q. Okay. And what is your opinion about what he meant of flicking off? Some kind of gesture?

A. (Indicating).

Q. Okay.

Mr. Dagan: I guess, Your Honor, the record should reflect that the witness pointed her middle index finger at the prosecutor.

The Court: The record will so reflect.

Full post as published by Say What! on July 17, 2008 (boomark / email).