Actor v. Non Actor. Thoughts on a celebrity trial

Trial is high drama. And never more so than when a celebrity is involved. In the latest courtroom spectacle a retired optometrist takes on an Oscar award winning actor now lifestyle guru. Is this trial about the judge - no; the lawyers - no; the witnesses - nope. It is all about Gwyneth and the Dr. And no matter which side you rooted for, there are several universal truths which are self evident.

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On my (former) tortured love affair with high heels on and off the court

For sentimental reasons have been hanging on to the last few pairs. Actually wear a few of them in trials this year. But as 2022 comes to an end. So does my desire (mostly) to ever wear high heels again.

It started in earnest in the disco years. Attended the U of W refusing to wear the uniform of jeans and flats. Can remember walking across red square (which is brick) on my toes - even in the rain.

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Trial Diary Day 12: McNamara v. Nessl wrongful murder trial

We don’t finish.

Have packed up the car. Exited the hotel. Am wearing my last court outfit. And we are not going to finish.

Rewind.

Wake up an hour early.Unsettled.Had been working on closing at night.And it still has not all the way come together.Lie there.And let brain bounce wherever it wants to go.There’s a lot of noise involved in this case.Mudslinging.Collateral issues.Family drama.

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The letter from a "potential suitor"

By May 2021, I had been divorced for 20 years. My most recent boyfriend of 4 years, started looking for a new love on Bumble. And was hoisted upon his own petard - with an assist from yours truly.

Summer came along. Had no interest in dating.

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Karen Koehler
Mediation No

In furtherance of our study of mediation technique and the prettiness of our craft, see below.

From: Mediator
Sent: Thursday, July 28, 2022 2:09 PM
To: Karen Koehler <karenk@stritmatter.com>
Subject: Re: Mediation of A v. B 6/1/2022, 9:00 a.m. – 1:00 p.m.

Hi Karen,

I spoke with R.L. on another matter and he advised that Allstate has re-evaluated after the mediation and is ready to re-engage in negotiations.

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Trial Diary Day 11: McNamara v. Nessl wrongful murder trial

J Mc is undergoing cross. Doing well. JHB is attacking her with collateral issues. But they are messy. And mess is always good for the defense. Distracts. Confuses. Brief redirect. Jury questions. There are too many of them. Some of them are pointed. I don’t like them as a whole. JHB is elated. Saying: I agree to all of them with a flourish.

The seesaw of doubt is ever present in trial. My innards flow depending on how everything is tilting. Sometimes perhaps I make it up in my mind. But I’ve done enough trials to know to trust my innards. They feel even when I don’t want them to. Squelch the feeling.

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Trial Diary Day 10: McNamara v. Nessl wrongful murder trial

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.

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Trial Diary Day 9: McNamara v. Nessl civil murder trial

Pack up. Haul bags to car so can return directly to Seattle after trial. It’s beautiful. Cold. A whisper of ice on the windows. Turn on the defroster. The ice disappears without needing a scrape. We start 15 minutes early.

Before beginning Judge Knodel asks if there’s anything to discuss. Asks about JHB’s health. Apologizes to me for never asking about mine. Chuckle and tell him I’m fine. The judge quotes a line. I can tell right away where it’s from. JHB says: what. And is frowning. What did you say about evil. Judge repeats the quote as JHB’s scowl grows. Judge says: it is a line from scripture. He meant it in a light hearted fashion to address I believe things like poor health. JHB looks exasperated. Judge K deflates.

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Trial Diary Day 8: McNamara v. Nessl civil murder trial

It’s the end of the day. Driving back to the hotel. On the phone with best friend Shellie. Trying to explain what trial is like. And the only word that does it justice is – war. It is war Shellie. In all my years of trying cases, I have never been in a trial like this. Where the defense attorney and I literally detest each other. And it is all playing out in front of the jury. Because the judge is not restraining us at all. JHB is a bully of the highest order. And many years ago my mother taught me what to do about bullies.

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Trial Diary Day 7: McNamara v. Nessl civil murder case

Rain fell last night. The sun has risen. Look through the window over the top of Fatburger. It is a sparkling cool but beautiful blue day in George, Washington.

Today am wearing a flouncy flowered skirt topped with a beige jacket. Hair ruthlessly clipped back. When I was in college one of my favorite tv characters was Veronica Hamel who played an attorney in The Hill Street Blues. I don’t know if there had been a female attorney before on tv – but she was iconic. She had black longer hair which was not stick straight and she wore it clipped back simply. When I pull my hair back it’s like channeling her.

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Trial Diary Day 6: McNamara v. Nessl civil murder case

We had trial day 5 on Friday – a day when we should have been able to work on other cases or prep for trial. From 9 to 3:45. Furhad stayed with JHB in Grant County but I had driven home. At least trial for me mercifully was via Webex in the comfort of lululemon with nala at my side. It was nothing but aggravating and did not deserve its own trial diary entry with one notable exception.

In this era of being respectful of other people’s pronouns, the court, JHB and Furhad all decided to not be able to know how to address me.

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Trial Diary Day 4: McNamara v. Nessl civil murder case

m sitting in a room that is 8 x 6 ‘. Lynette the jury coordinator let me in. My own private cubicle to stay during the lunch hour. The desk is a cabinet with drawers. I love it all.

We started at 11 this morning because the judge had a conflict. One hour to argue. One hour to get frustrated arguing about the same three blasted depositions.

JHB is all over the place. Yet am not fooled. He is persistent and dogged and even if he’s wrong that is his schtick.

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Trial Diary Day 2: McNamara v. Nessl civil murder case

Grant County has a beautiful old courthouse façade set back on a majestic green lawn. But it is not where superior court is. No. If you enter via those pretty portals you have a winding path to follow. First you have to walk to the end of the hall. Down the stairs. Go outside. Across a cement patio. To a separate soulless block of a building with no windows. That is where we are trying cases. And so I enter through that ugly back entrance properly today.

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