Hey lawyers, does this pass your BS detector? (1 Viewer)

[upNdown]

A friend on Facebook posted this today - memory of his first trial, 30 years ago in the Bronx. I just can’t imagine a world in which this actually happened.
I’ll spare you the 5 page essay and pick it up during closing argument.

 

[Rieguy]

Maybe it's just me, but this doesn't...




pass the smell test

 

[upNdown]

Maybe it's just me, but this doesn't...




pass the smell test

 

[Tonysquander]

It should have potentially drawn a contempt ruling and an evidentiary objection from the prosecutor but, other than that, I do not have a hard time believing an attorney could potentially say and try to do that in closing arguments.

 

[upNdown]

It should have potentially drawn a contempt ruling and an evidentiary objection from the prosecutor but, other than that, I do not have a hard time believing an attorney could potentially say and try to do that in closing arguments.

I just can’t believe any prosecutor in the world would sit there and watch the guy reach into his bag, take out a bottle, crack it open, sniff it, then testify to the jury, and stay in his seat.

This is me being petty. This guy is always exaggerating / embellishing / lying in his stories and it makes me insane. Earlier in the story he said he’d told his client to wear his sunday best to the trial, and that the guy showed up in a powder blue tux with the ruffled shirt and all.


Oh, and he also posted this last week:

 

[NotRealNameNoSir]

I just can’t believe any prosecutor in the world would sit there and watch the guy reach into his bag, take out a bottle, crack it open, sniff it, then testify to the jury, and stay in his seat.

This is me being petty. This guy is always exaggerating / embellishing / lying in his stories and it makes me insane. Earlier in the story he said he’d told his client to wear his sunday best to the trial, and that the guy showed up in a powder blue tux with the ruffled shirt and all.


Oh, and he also posted this last week:
View attachment 1343939

Just ignore him, bud. Look at what and how he's posting.

 

[Tonysquander]

I just can’t believe any prosecutor in the world would sit there and watch the guy reach into his bag, take out a bottle, crack it open, sniff it, then testify to the jury, and stay in his seat.

This is me being petty. This guy is always exaggerating / embellishing / lying in his stories and it makes me insane. Earlier in the story he said he’d told his client to wear his sunday best to the trial, and that the guy showed up in a powder blue tux with the ruffled shirt and all.


Oh, and he also posted this last week:
View attachment 1343939

Yeah, I don’t see the prosecutor sitting there and allowing it either. I just wouldn’t put it past a lawyer to try it. If the other lawyer is young, dumb, inexperienced or not paying attention, you could get away with all kinds of crap.

 

[Kensco]

This is me being petty. This guy is always exaggerating / embellishing / lying in his stories and it makes me insane. Earlier in the story he said he’d told his client to wear his sunday best to the trial, and that the guy showed up in a powder blue tux with the ruffled shirt and all.

Your friend is a lawyer. He likely has never sworn to tell the truth, the whole truth, and nothing but the truth

 

[raynmanas]

Your friend is a lawyer. He likely has never sworn to tell the truth, the whole truth, and nothing but the truth

Why is it only the witnesses must swear to tell the whole truth? Why isn't the same oath administered to the attorneys?

 

[upNdown]

Mostly because lawyers aren’t testifying. Lawyers aren’t sworn in to tell the truth during a trial because nothing they say is actually evidence.

Additionally they’ve already sworn an oath when they’re admitted to the state bar, to do no falsehood, among other things. And since they can get their license pulled for effing around (see Rudy Giuliani) they’ve got an incentive to uphold their oath.

 

[Highli99]

Facebook seems like an interesting site. I might need to look into it and create an account.

 

[raynmanas]

Mostly because lawyers aren’t testifying. Lawyers aren’t sworn in to tell the truth during a trial because nothing they say is actually evidence.

Additionally they’ve already sworn an oath when they’re admitted to the state bar, to do no falsehood, among other things. And since they can get their license pulled for effing around (see Rudy Giuliani) they’ve got an incentive to uphold their oath.

ha, sorry - wasn't a serious question. that is a quote from the perry mason reboot that jumped to mind. don't ask me why i know a quote from the perry mason reboot.

 

[buffalojim]

ha, sorry - wasn't a serious question. that is a quote from the perry mason reboot that jumped to mind. don't ask me why i know a quote from the perry mason reboot.

Great show!

 

[Kensco]

Great show!

Fantastic show, I recently re-watched the series and, while Perry was cool enough, I someday want to be Paul Drake! (sans cigs)

 

[drdr]

Didn't think prosecutor can object to closing arguments.

 

[upNdown]

Didn't think prosecutor can object to closing arguments.

They definitely can. There’s a weird tradition of etiquette where you’re not supposed to interrupt the closing argument, but rather approach the bench when it’s over, to make all your objections. But it’s arguably malpractice to not interrupt there and object.
I’m trying to count how many rules would be violated with that move, and it’s more than a few.

 

[drdr]

They definitely can. There’s a weird tradition of etiquette where you’re not supposed to interrupt the closing argument, but rather approach the bench when it’s over, to make all your objections. But it’s arguably malpractice to not interrupt there and object.
I’m trying to count how many rules would be violated with that move, and it’s more than a few.

Then BS detector bleeps in overdrive. Or prosecutor incompetent.

 

[Coyote]

Vodka doesn't smell. It's actually the diminutive for voda (water) in Russian.
Edit: Russians drink it always straight out of the freezer or out of the window in winter (even colder), always with a mouthful of something.
During WWII, they only had a single small piece of bread, which they passed along, from nose to nose.

 

[upNdown]

Vodka doesn't smell. It's actually the diminutive for voda (water) in Russian.
Edit: Russians drink it always straight out of the freezer or out of the window in winter (even colder), always with a mouthful of something.
During WWII, they only had a single small piece of bread, which they passed along, from nose to nose.

Traditionally it’s been considered odorless, but that’s probably just been in comparison to other liquors that smell a lot more.
You will find vodkas that smell less than others and maybe some that seem odorless. But it’s factually incorrect to say vodka doesn’t smell. Go sniff what’s in your cabinet. I sniffed mine. It smells.

But more importantly, a lawyer can’t say that in a closing argument without evidence being introduced at trial to support it. And that didn’t happen. I’m not saying lawyers never sneak anything through a closing that wasn’t in evidence. But to make a big theatrical production of it, as described in the story? It’s a pretty fantastic story.

 

[mike32]

Vodka doesn’t smell, but you’ll still have booze on your breath like any other alcohol after you drink it. Your body shedding itself of alcohol will be on your breath no matter what you drink.
And I’ll also add vodka does have a slight odor, at least the Amsterdam in my cupboard does.

 

[FordPickup92]

Traditionally it’s been considered odorless, but that’s probably just been in comparison to other liquors that smell a lot more.
You will find vodkas that smell less than others and maybe some that seem odorless. But it’s factually incorrect to say vodka doesn’t smell. Go sniff what’s in your cabinet. I sniffed mine. It smells.

But more importantly, a lawyer can’t say that in a closing argument without evidence being introduced at trial to support it. And that didn’t happen. I’m not saying lawyers never sneak anything through a closing that wasn’t in evidence. But to make a big theatrical production of it, as described in the story? It’s a pretty fantastic story.

Likely standard, generic or mass produced (however you want to label it) vodka has a smell, more so it's not really vodka but the alcohol odor omitting from the person's breath or body. Today's "average" vodka is not as pure so I'm sure it has some kind of crappy alcohol type odor (which would be what I assume this person was consuming)
More expensive/rare/traditional vodkas don't carry an odor due to their purity, much like real moonshine vs the generic shit you can buy in a liquor store.

 

[allforcharity]

There's so much BS around the legal system that if you could detect it you'd want to shut that ability off for the constant pinging.

 

[TheOffalo]

Not a lawyer, but was the lawyer friend 50% at fault for trying to pull this move, and the prosecutor 35% at fault for not objecting, and the vodka 15% at fault for smelling (or not smelling)?

Sorry, couldn’t resist.

 

[ekricket]

Vodka doesn't smell. It's actually the diminutive for voda (water) in Russian.
Edit: Russians drink it always straight out of the freezer or out of the window in winter (even colder), always with a mouthful of something.
During WWII, they only had a single small piece of bread, which they passed along, from nose to nose.

My Russia experiences both there and with people here is that they serve vodka with “chaser”, with the chaser being a small bit of food (probably something pickled or bread) and you eat a bit or two with each shot. Lets you drink a bit more and slows down the alcohol absorption. A little.