Bodies in Motion



Yes, I'm back to my insomniac pattern of crashing at odd hours. It always happens when I'm in the middle of a big project,



The pre-trial conference was yesterday morning. The defense team filed four motions in limine to suppress evidence, so my partner and I split them two and two to argue. For some reason I have not gathered, the Professor 9in the role of judge here) has an ax to grind aainst my partner. I went back and forth with one of the defense team on the first issue, but when it was time for Mike to argue the second, the judge cut him off. "We'll deal with that one after haring the evidence at trial." That sort of thing happens, so no harm, no foul yet.



I go up for the third argument against the other defense team member and at one point, I draw a complete blank on a Federal Rule of Evidence (FRE 801(2)(d)--a hearsay exception allowing for co-conspirator statements to be allowed if they are against self interest, if anyone is interested, I looked it up.) Mike tried to interject to get me off the hook, but the judge cut him off at the knees.



The final argument was to be Mike's as well, but when the judge asked for it, he looked straight at me. When Mike started presenting it, the judge cut him off and made his ruling. Actually, he not only made his ruling, he altered the Federal Rule and forbid us from using the proper law and gave the defense a special jury instruction to ensure we followed the rule.



(FYI-This is a murder trial. The defendant has a previous conviction for aggravated assualt and spent two years in jail. In federal court, you can can bring up a previous conviction and ask any questions about it you wish. Virginia state lsw, however, will only allow you to mention the conviction as an attack on the credibility of the defendant. We are in federal court, but thanks to the jury instruction do not get to exercise the federal privilege.)



I suppose this is going to be a practice of what goes on in real life: a judge's vendetta can affect the whole kit and kaboodle.