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Old 09-08-2010, 07:41 PM  
MrMaxwell
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Join Date: Jul 2005
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Interesting reading, so far..

The trial judge was Olly Neal, a black jurist just approaching 70 years of age, tall, skinny as a rail, with white, wooly hair. He served ten years on the Arkansas Appellate Court and returned to Forrest City recently to fill a vacancy caused when a St. Francis County judge got in trouble and left the bench. Though he projected a warm, charming, cordial, and often humorous kindliness during the trial, together with a careful, calm, and considerate demeanor to all in the courtroom, he essentially gave the prosecutors nearly everything they asked for, fair or foul, and gave the defense next to nothing that it sought. Maybe it's significant that he was Arkansas' first African-American elected prosecutor in 1991, but he's not known in this locale for being a conservative.


A dramatic and pivotal moment of trial occurred when Lou Sirkin cross-examined the civilian State Police employee who created that summary. After establishing that the charged works each bore a copyright notice, he asked the State Police employee whether he had "respected" the copyright in making his (derivative) summary. Time passed. Silence. The uncomfortable employee started to increasingly display his discomfort as the ramifications of the question sunk in. He started to explain what he was considering in formulating his answer. More silence. Finally, Sirkin let him off the hook, but the damage had been done. Especially when coupled with evidence of the prosecutor's role in the creation of the summary, these events appeared to strongly and negatively flavor the credibility of the prosecution and adversely color its apparent candor before the jury.
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