Ride the Ducks Trial Day 30: The Hiraokas


Trial day 30: Monday November 26, 2018

Walk up stairs.  See the Hiraoka family.   One year ago took two trips in the space of two months to Japan to visit them.  First trip was a botch job because Scott did not realize you can only take depositions at the US Embassy in Tokyo.  Second trip the deposition went forward in the dingy embassy conference room. 

Dr. John Clark the lay witness is standing with them.   Greet them.  Walk into courtroom. Jesica tells me the interpreter is running late.  Then she tells me that our three witnesses for Tuesday are being stricken.  This is all awesome news first thing on a Monday morning.

Judge enters.  Tad introduces a new attorney from Floyd Pflueger Ringer.  Apparently the City has decided it maybe shouldn’t be doing this completely inhouse.  Lean over the lego wall and whisper: so you guys still need more attorneys.  Jury enters.  Judge Shaffer says call your next witness.

The interpreter and Dr. Hiraoka take the stand.  She is a bit rattled.  It takes a few minutes for her to start doing everything properly.  Judge S is a little exasperated with her.

By the end of the day we get through Dr. Hiraoka and two sons Kenichiro and Yousuke.   They are quiet, pristine, witnesses.  They sit with their hands folded in their laps.  Legs symmetrically together.  The only movement is in their heads as they turn toward the interpreter.  Their answers are without any elaboration along with the pronouncement: that is all.

Q Can you describe what you felt. 

A I was worried.  That is all.

Q  What are your concerns about X…

A  She has a problem with her legs.  That is all.

What’s interesting to me during the testimony of the Hiraoka family, are the fruitless actions of the defendants.  They are so bad.  And yet they persist.  

For Yousuke the 23 year old younger son, JackG tries to impeach him for saying he’s scared to drive and now only does so about twice a month.  Jack goes to his deposition where it says he drove 4 times a week because of where his living situation was.  Oooh Jack thinks he’s scored points.  Until on redirect Yousuke points out that the deposition was held before he moved to his current residence which is in a different location.

For Keni the 27 year older son who had his 2 front teeth knocked out and has crowns, Scott starts cross off by instructing him to smile at the jury so they can see how good his teeth look.  There’s something slightly offensive about this request.  As if he’s asking him to perform a trick.  Keni smiles and the jury smiles back at him.

The jury questions are so uniformly compassionate that you would think the defense might want to reconsider their strategies.  But they have a game plan and they are sticking to it.  I wonder for the millionth time how much they are paying their jury consultants to do nothing.

The clock strikes four.   The jury files out.  Judge Shaffer says: well it looks like we’re on track…We will have to deal with the interpreter one more day (for Sonoko) and will then wave her goodbye because she’s really slow. 

Turn around and yep.  The interpreter is still in the courtroom mouth slightly open as she listens to the judge.