Friday, April 17, 2009

Ok, yes, I laugh from this...

Boring readings of complicated cases can be sometimes diluted with judge's humor. Apparently, from my postings on other web sites, lay people don't find that humor fun. Maybe that is why lawyers have own jokes that seem to others not at all amusing. My humor might happen to degrade to the level when I laugh at judge's opinions, but, oh well, I am a future lawyer, aren't I?

Here is an excerpt from one of the cases -- Penthouse Intern., Ltd. v. Dominion Federal Sav. & Loan Ass'n, 855 F.2d 963, 973 (2d Cir. 1988):

Also important to Dominion's case was the testimony of Melrod partner, Philip Gorelick. Because of his extensive involvement in the transaction, he was in the
best position to present Dominion's perspective concerning the deal. The district court was not, however, receptive to Gorelick's testimony. After Gorelick had concluded his testimony on direct examination and began responding to questions on cross-examination, Judge Duffy called a morning recess. As the Judge was leaving the courtroom, he requested that the Melrod firm's attorney, Robert L. Tofel, join him in the robing room. When Tofel met Judge Duffy in the robing room, the judge handed him a copy of Volume 377 of the Federal Supplement and requested that Tofel read the first line in U.S. v. Tramunti, 377 F.Supp. 1 (S.D.N.Y.1974) (Duffy, J.). That line reads: “John Spurdis is a liar.” After reading the sentence to himself, Tofel looked at the judge. Saying nothing, Judge Duffy simply shrugged expressively. Tofel then said in essence that Judge Duffy had misread Gorelick. Tofel explained that Gorelick may have been obnoxious or aggressive but that he was not a liar. Again, Judge Duffy did not respond and simply shrugged.

(. . .)

[t]he decision as to the credibility of witnesses is properly left to the trial judge or to the jury because as finders of fact they are in a position to view the demeanor of the witnesses.

Gorelick took the stand and attempted brazenly to lie to the court. During cross-examination, the crucible of truth, Gorelick continuously shifted uneasily in the chair, sweated like a trapped liar, and the glaze that came over his shifty eyes gave proof to his continuing perjury. His total lack of veracity was shown not only by his demeanor but by the shady practices he seemingly reveled in.

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