Posted on
May 5, 2008 in
Houston criminal defense trial lawyer Sarah Wood and I have a disagreement.
She says that when I put my hand in my pants and simulated masturbation in an indecent exposure jury trial to illustrate what the police officer admitted having done to entice the accused to show his penis, it was “much worse” than Adam Reposa’s conduct that netted him 90 days in The Reposa Affair.
I contend that my demonstration for the jury was entirely appropriate.
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The Reposa Affair is “worse”. No doubt about it.
More background on Sarah Wood’s argument? I’m tempted to leave it at “I don’t get it”, but…
What is she saying exactly?
Entirely appropriate, and I say that with an unblemished record of not doing either in a courtroom.
You’re kidding, right?
So when Seigler straddled her fellow prosecutor on the mattress and pretended to stab him multiple times to show the jury what the defendant allegedly did – that was worse than actually doing it? Huh?
Is a cop’s behavior untouchable? I don’t think so.
Wait, you didn’t pull your pants down when you did that, did you?
Sometimes words just don’t make as effective of a picture.
I’d count this one up to a male/female perception issue.
As a woman (and non-lawyer), it seems to me that your gesture would be extremely useful as illustration of the police officer’s shockingly inappropriate behavior. Whereas Reposa was being rude to the judge, if I read that correctly.
Gesture to the judge is worse. It’s not even a good comparison. Facts of a case vs. disrespect to the court. No brainer. Next.
Completely appropriate. I’ve made lewd gestures in order to illustrate the facts in my closing arguments for certain types of cases. But I’d never direct it towards a judge in open court.
I think Mark doing those actions to demonstrate in court was totally appropriate. However, when he was doing them on the courthouse steps this morning is another story.
Kidding. Only kidding.
That’s what I figured. It was extreme, and the extreme always makes an impression.
Jen reminds me of the time I had the entire jury panel in a felony case say the word “penis” in unison.
“penis” is Ok, but “penile disfunction” is obscene.
Is “The Time I Made The Panel Say ‘Penis'” an upcoming title of a new post… or are you going to give us more of the story in the comments to this one.
My first thought… you had your second chair watch for people who squirmed while saying it, and used your strikes accordingly.