We are back in court.  Judge K enters the courtroom.  One of the 90 or so folks watching the trial via Webex is talking about the Supreme Court nominations process.  Today is the first day of the confirmation hearings of Ketanji Brown Jackson.

 Judge K asks them to mute.  They don’t realize they can be heard.  Someone else is shuffling something.  Judge K asks for help.  Leaves.  Returns.  Gets things under control.

 C Mc the son retakes the stand.  Get through his direct.  Admit a couple dozen photos en mass of Mr. Mc – showing his life.  All the while JHB is objecting.  The court asks for my response.  The jury is herded out then back in on this and other questions.  Midway through the morning when the jury is gone JHB makes a grand speech that I am improperly making numerous speaking objections and his honor is failing to exert control over me and allowing me to do so.  To which Judge K says:  At risk of offending Mr. Browne with another quote from scripture – may he who casts the first stone be without blame.  I then explain that I have made no speaking objections because I am conducting direct exam of the witness and all the objections are being made by JHB.

Direct that should have taken 15 minutes takes over an hour.  Cross which should have taken the same amount of time languishes.  15 minutes is wasted as JHB tries to get in a packet of emails between father/son.  He acts all exasperated when I say that I don’t have a copy.  Does not provide us a copy of it until the judge tells him to do so.  [Note: never assume that a new exhibit is what the defense lawyer says it is).  Which I notice right away is predominately a mish mash of 9 or so pages of emails from other people not including father/son.  Which JHB then needs to split off that erroneous exhibit.  And try to admit just 3 pages.  However, JHB has written all over them – circled, underlined, comments – typical lawyer stuff.  The judge won’t admit them.  Defendant pulls out her own personal copy of the email.  The last page is admitted over my objection.

 What is this smoking gun… Well.  It is an email from supposedly his dad.  But C Mc is not sure who was writing these emails since one such email was written to him on this same account the day after his dad died.  But the email supposedly written 2 hours before Mr. Mc’s death says something like:  I sure have loved being your dad.  ED on the loved.  Insinuation being that was his farewell email to one of his kids.

 Five of the jurors asks these questions then they are excused for lunch.  My favorite is the fan who wants to know the details of CMc’s work during the summers as a guide in Colorado.  A job he’s done for over 20 years and which includes celebrities, sports stars, and normal people.  Judge won’t ask that one.

 13.       when did you begin to suspect foul play. what convinced you (obj.  will ask part 1)

14.       how much time do you spend guiding and preparing to guide in colorado (obj. not asked)

15.       did your father gift any parcels that were part of the soap lake farm to his ex wives denise or irene

16        why did you decide to leave farm in Belize to stay at Best Western.  Were you concerned for your safety at the farm. (obj. will ask)

17        how long between the time your relationship ended with Tracy in 2012 did she begin to start a relationship with your father. (obj. will ask)

 After lunch C Mc answers the questions and leaves the witness box.   Honestly I think he should have taken a bow.

 Next up is RH.  A lessee of part of the farm before and after Mr. Mc’s death.  He is a big guy.  That is an understatement.  A younger farmer.  Nervous.  He has been waiting to testify for three hours.  Does not want to be here.  His memory is no longer good.  Hand his declaration signed 4 years ago.  It refreshes his memory.  In an awkward stilted uncomfortable manner tell his story. 

 After TN returns from Belize he needs to meet with her to get his lease signed since it will otherwise expire before the end of the year.  He does not know her personally.  Has never been in the house before.  She asks him to come into the farm house.  Then tells him the details of what happened to Mr. Mc.  It is uncomfortable.  He did not ask her to do so.  She says – that Mr. Mc went outside with his gun because there was a person or persons in the trees and bushes around the property.  They were exchanging shots with him and he was killed.

 Let that sink in as he lumbers off the stand without much cross and no questions from the jury.

 Next up is Mr. Mc’s best friend KT.  What a lovely man.  Wish he could have testified to everything that his best friend had told him but alas.  Cannot.  Still his testimony though brief focuses on the heart of this case.  The value of the human being known as Mr. Mc.  Best friends.  Fellow small farmer.  Who as busy as he was still would come over to help work on his friend’s farm.  Mr. Mc signed one of two handwritten wills in KT’s presence.  And he brought it over to the son upon his return from Belize. 

 As he’s leaving the daughter J Mc is next.  She is the Nancy Drew of this story.  The person who went to Belize 5 times to take care of the farm there and get copies of the police investigation.  Poised.  Lovely.  Straight and True.  She explains detail after detail as we weather JHB’s various objections.

Later Furhad will tell me that during the testimony Defendant is busily scribbling sticky notes and sticking them under JHB’s notes.  He is trying to concentrate and making his own notes.  But the sticky notes keep coming and coming until he tells her to chill out (paraphrase). 

 It is never a great idea to have a client that appears to be part of the litigation team to the point where they are helping to run the show.  Defendant is actually more organized than JHB.  At times acting as his assistant.  Handing him files. Finding papers.  Overly intent on the witnesses.  And of course taking rapid fire notes then feeding them to the point of irritating her counsel. 

 J Mc tells her story and knows all the details down to every obscure name that there is.  We are talking about the divide that resulted when her dad entered into a relationship with his niece.  I ask why and she says that her father was always a strong man of God and that the family was raised that way.  And that when he entered into an incestuous relation…

 JHB levitates and objects.  Violation of Motion in Limine.  Judge says to me do you have a response.  I say: it is (a violation).  Put up no fight.  And he excuses the jury.

 For whatever reason there is, even though the jury knows that there is an uncle niece relationship involved - we are not allowed to call it incest.  Another emperor is wearing no clothes decree.  We can see what it is, know what it is, it is what it is – but we can’t say what it is.  JHB complains that the MIL has been violated.  I say:  it was not planned, an innocent mistake.  Judge asks:  did you show your client the MIL.  I explain:  yes plus she was in court when you ruled on the MILs.  Judge K says what do you want me to do – to JHB.  JHB says he wants him to strike it from the record.  Judge K says: that will only highlight it even more.  JHB doesn’t care.  He wants it stricken.  Jury files in.  And Judge K says them to disregard that the word incestuous was used.  And uses the word all over again.

It is 4:20 and we are winding to a close.  We have gone through the myriad steps J Mc went through to get the certified police file from Belize.  And I’m thinking.  Well, can’t end on a procedural note.  Need to bring the focus of this case back to the fore.  Also – would rather that cross not start before we leave for the day.  Ask a few banal questions while I ponder what that last question will be.  And say:  How has the loss of your father changed your life.  Plus…. I glimmer.

That does it J Mc shows the jury her heart.  She has been so stoical – like her brother.  But to show the loss the hurt must show.  And the tears begin to fall.

I say no further questions while she quietly weeps. 

Judge K asks JHB if he wants to begin cross.

JHB says HELL NO.  Naw.  He doesn’t say that out loud. But trust me – that’s exactly what he’s thinking.  He says: no I’d rather start tomorrow.

The court dismisses the jury.  And we are done for the day.

Photo: trial life