Yakkie the Goose: Direct exam of an eye witness

  Photo:  The girls at ages 8, 6 and 3 (with their dogs Coco and Tucker) still remember hanging out on the front lawn that summer. 

Photo:  The girls at ages 8, 6 and 3 (with their dogs Coco and Tucker) still remember hanging out on the front lawn that summer. 

The defense is bringing in a memory expert from back east.  To say the surviving brother's memory is not real.

This is an asbestos-mesothelioma trial.  The exposure happened in the 1970s.  The only witnesses who can identify the product are the brother (who was then eight) and the deceased.

We call the brother early.  The plan is to inoculate against the defense by proving his clear memory.  We have to do several other things as well.  Such as establishing enough evidence to overcome a motion for directed verdict.

The jury is solemn.   There is tension in the court.  The witness is nervous at first.  Settles in as soft routine questions surround him.  And then, the moment comes when you can feel the jury turn towards instead of away from our side.  The moment comes - with the Story of Yakkie the Goose.

20      Q. So let's move up to a year to, let's say you're around

21   six years old.  Can you tell us a story about when you were

22   six that really sticks out in your mind?

23      A. Oh, well, we went fishing one time.  We seen some baby

24   geese.  It was (inaudible), I believe.  We wanted -- me and

25   Jimmie wanted one of the geese.  So my dad went out there

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 1   and he caught one.  We ended up taking it home, and we had

 2   it as a pet.

 3      Q. Well, now how did you carry the goose -- was it a

 4   goose or was it a baby goose?

 5      A. It was a baby.  It was tiny.

 6      Q. Do you remember details about how you even got it

 7   home?

 8      A. Well, put it in the car.  Me and Jimmie -- we wanted

 9   to hold it but my mom said no.  You're not -- I think she

10   was scared we were going to squish it.  She held it on her

11   lap on the way home.  It pooped all over her lap, so we kind

12   of found that funny.

13      Q. And you would have been around six?

14      A. I believe so, yes.

15      Q. And tell me about the goose -- I think -- tell me what

16   happened to the goose?  Tell me about your life with the

17   goose?

18      A. We had him, I believe, at least a year.  He grew up to

19   probably -- I don't know, three foot tall.  Never could fly,

20   though.  He used to chase us around the yard.  He slept in

21   our house.  We would have to keep him on the back porch

22   because of my father and mother, but -- he would sleep with

23   us on occasion.  He'd actually play hide and go seek with

24   us.

25      Q. How did the goose play hide and go seek?

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 1      A. Well, he would stick his head under the couch

 2   cushions, and my mom would, you know, say go, hide.  And

 3   then she'd say, go get 'em, Yakkie, and he would just pull

 4   his head out and scream.  He wouldn't look for us.  He would

 5   just scream until we came out.

 6      Q. You named the goose?

 7      A. I did not.  Jimmie did.

 8      Q. Yakkie?

 9      A. He got to name it.  Yes, Yakkie.  Because he was

10   always yak, yak, yak.

11      Q. So was Yakkie around by the time of the incident that

12   we're talking about today?

13      A. No.

14      Q. Okay.  So this would have been before your grandma.

15      A. Yes.

16      Q. So sometimes it seems like you have a fairly clear

17   memory.

18      A. Yes.

The full direct exam is attached.  You have to imagine the bantering tone that exists between attorney and witness.  The beautiful  simplicity of the messenger and his message.  And the bemused delighted laughter from the jury.

Transcript:   The goose