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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSO sad. SO unfair. Slate claims cartoon Mafioso thug Joey the "T" did Trump "no favors" in court.
The judge was clearly peeved with Joe Tacopinas cross-examination of E. Jean Carroll.
BY ROBERT KATZBERG
APRIL 28, 20237:30 AM
Trial lawyers are performance artists, very much like stand-up comedians. As I explain in my book, The Vanishing Trial, these seemingly disparate professions have much in common. First, it takes years to develop and hone the skills necessary to make people laugh or to effectively try cases. Second, the results of your work are immediate and clearpeople either laugh at your jokes or not, and the emotional impact of a summation or cross-examination is felt immediately by all those present in a courtroom. Finally, in both professions, kudos are directly bestowed on you for success, and if you bomb, there is no one else to blame.
*****
The cross of Carroll was inherently loaded with land mines. First, she is an elderly woman whose direct testimony over the past two days on direct seems to have been effective. Her lawyer Mike Ferrara, not only took her and the jury through the painful detains of the assault itself, but very effectively had her address potential weaknesses in her story and explain them directly. In what trial lawyers call bringing it out on direct, you remove any surprise when the issue is raised on cross, provide in advance your best explanation, and eliminate the belief that you were too afraid to address the subject. In Carrolls direct examination, rational reasons were provided for a host of potential matters that might impeach her credibility, including the very long time interval between the event itself and when she made any public statements about it, her personal dislike of the former president, and her ability to make money out of the incident.
Tacopina was also boxed in by the need to show that an allegation made by a credible person wasas he described it in his opening statementunbelievable. While in an organized crime case, for instance, it may be necessary and appropriate to bludgeon a cooperating former mob member into admitting that at least part of his testimony is questionable, that tactic is hardly appropriate in this case. On Thursday, Tacopinas repeated attempts to get Carroll to give in to this approach were unsuccessful.
So, it came as no surprise that Judge Kaplan periodically intervened in the cross-examination, calling Tacopinas questions repetitive and argumentative. Judge Kaplans frustration seemed to increase as the day wore on. Weve been up and down the mountain. Move on. New York Times reporters in the courtroom noticed that just before the mid-day break, the typically attentive jury seemed to be losing steam. Late in the afternoon, when Tacopina asked Carroll to provide details about the dress she wore the day of the alleged assault, Judge Kaplan immediately interjected and excused the jury for the day. Not exactly the impression Team Trump wanted the jury to be left with on the way home.
yardwork
(61,703 posts)Up to and including "what were you wearing?" Also, "what did you think would happen when you went in the dressing room with him," "why were you flirting with him," "why didn't you scream," "why did you act the way you did afterward," "why can't you remember the details of this traumatic event," etc, etc.
I hope that Carroll's attorneys bring in an expert who can explain the impact of trauma on memory and behavior. The jury themselves should be able to see through the rest.
SunSeeker
(51,698 posts)I can't believe he's using that obnoxious thug in the courtroom.
groundloop
(11,522 posts)dchill
(38,532 posts)...a trial of any length.
GoCubsGo
(32,088 posts)Hiring a mob lawyer to defend him in a rape case is just one more example.
TheBlackAdder
(28,211 posts)louis-t
(23,297 posts)That guy has a deep voice.
randr
(12,414 posts)Make it a war of who is "'unbelievable". The standard legal arguments when a woman is charging a man of rape have been to turn the woman into the aggressor and question their every motion. The man become a victim in most every trial of this type in the past.
We are witnessing the unraveling of this line of defense like a cheap sweater.
DenaliDemocrat
(1,476 posts)That you use a racial stereotypical slur to describe his attorney. Tacopina is a very good criminal lawyer and is not in the mafia. Why does DU allow every Italian American to be accused of being on the mafia? His father was Roman.
Fucking prejudice on DU
Miles Archer
(18,837 posts)1). I'm Italian.
2). I called him a "CARTOON Mafioso thug." Did you miss that as you lashed out at me? "CARTOON Mafioso thug." That means there's some nuance here, which flew under your radar, because attacking me was more important to you. HE CARRIES HIMSELF LIKE A MOB ATTORNEY. HE WORKED FOR GOTTI while he was in LAW SCHOOL. Can you connect those dots? If not, I'm here to help. WORKING FOR JOHN GOTTI MADE HIM A "MOB ATTORNEY." If I am an attorney and defend an AUTO MECHANIC, I am an AUTO MECHANIC ATTORNEY, at least for that case. If I defend a kangaroo, wallabie, wombat, the koala, or Tasmanian devil, I AM A MARSUPIAL ATTORNEY. Tacopina WORKED ON GOTTI'S CASE. Are you with me yet?
3). I'm Italian.
4). Racial stereotypical slur? No, it's called "do the math."
5). I'm Italian.
6). "Tacopina is a very good criminal lawyer"...not last week, according to all reports. He bullied an elderly woman who claimed she was raped. That's not "very good" in my book, but we obviously have very different standards.
7). I'm Italian.
8). "Why does DU allow every Italian American to be accused of being on the mafia?" MAYBE BECAUSE EVERY ITALIAN IS NOT ACCUSED OF BEING IN THE MAFIA ON DU. Maybe if that happened, DU would do something about it. Tacopina is a thug. That's my opinion. You have your opinion. That's the way it's supposed to be. If my opinion upsets you...and it clearly does....please skip ahead to #10.
9). I'm Italian.
10). "What a bunch of bullshit?" Did you know that you can click on my profile and click "ignore" and never see another one of my posts? I suggest you do that, because this is who I am and this is how I communicate. I'm not in the mood for a fight with you, and if you're looking for one with me, you've come to the wrong place.
"Have a nice day"
DenaliDemocrat
(1,476 posts)Youre not Italian- youre italian American- and you use racist language. Maybe you should join the Sons of Italy - they fight exactly the kind of stuff you are promoting.
And on edit - Ive LIVED in Italy literally every summer growing up. Ive seen mafia. What the fuck do you know about carrying himself.
Bunch of bullshit. Your mafia knowledge comes from Hollywood.
edisdead
(1,956 posts)DenaliDemocrat
(1,476 posts)Calling an someone with an Italian surname a mafioso is racism. Thats a hard concept for you?
Blue Owl
(50,498 posts)hatrack
(59,592 posts)And surprise!! Acting like a tough guy doesn't work so well in a case like this.