Read Online Cookie's Case by Andy Siegel - Free Book Online Page B

Correct?
    A:Yes, abogado . I hear him. S í .
    Q:And he felt so bad about running over your foot that when he came into the room, he took your hand in his and gave it an apologetic rub as he said sorry to you. Correct?
    A: S í, that is true.
    Q:So you not only saw him, but you heard him and also felt his hand as he held yours. True?
    A:Yes, that is true. S í .
    Q:No issue for Judge Brown here. You saw, heard, and felt the hand of the truck driver on that day. Correct?
    A:Correct.
    Q:It is as clear in your mind as I am clearly standing before you at this very instant. Correct?
    A:Yes.
    Q:As clear today, as it was one year ago, when you gave your testimony, the testimony you claim I told you to lie about. Correct?
    A:Yes, very clear.
    I look up to Judge Brown. She doesn’t know where I’m going with this, but she will soon. “Your Honor, may I approach the bench, please?”
    â€œWhat for, Counselor?”
    â€œI want to hand the court a copy of the deposition transcript of Josefina for the day she gave her EBT testimony, as I intend to make reference to it.”
    â€œHand it to the court officer, and the court officer will give it to me.”
    I comply. “May I continue with my questioning, Your Honor?”
    â€œYou may continue, Mr. Wyler.”
    I return my focus to Josefina. As much as I hate her for doing this to me, I know it’s her new attorney who’s been orchestrating it. I slowly walk over and stand behind the court reporter.
    Q:You see this court reporter here today moving her fingers over the keys of her machine, don’t you?
    A:Yes, I see her.
    Q:You know she’s taking down everything being said in this courtroom. Correct?
    A:Yes, I know that.
    Q:And do you remember, just a few minutes ago, during the preliminaries, when Judge Brown instructed us to note our appearances for the record?
    A:Sí, I remember that.
    Q:And when everybody said their names, the court reporter moved her fingers over the keys of her machine and pressed them down. You saw that? Correct?
    A:Yes, I see that.
    Q:Do you know why she did that?
    A:To put in that machine everybody’s name.
    Q:Correct, Josefina. To take down everybody’s name. And do you know why she takes down everybody’s name?
    A:No, I no know.
    Q:The reason she takes down everybody’s name is so the world will know who was there in the courtroom when a witness gave testimony. That’s why. Do you understand this now?
    A:Yes, I understand now. So everybody know.
    Q:And, not only do court reporters take down who was present in a courtroom, but they also take down who was present at a pretrial deposition, an EBT, like the one you are claiming I told you to lie at. Did you know that?
    A:No, I no know that.
    Judge Brown at this moment understands. I see her open Josefina’s pretrial transcript, which I had handed her, and flip through the first couple of pages. A grin slides onto her face. If she was suspicious that Wilbur was attempting to steal my fee before, she’s goddamned certain of it now.
    Time for me to ask her to take judicial notice.
    Judicial notice is a court rule that allows a fact to be introduced into evidence that is so authoritatively attested that it cannot reasonably be doubted. Facts admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence. The easiest example would be what day of the week a particular date was two years ago. You go to an old calendar, and the judge can take judicial notice that the 17th of May was a Friday.
    â€œAt this time, Your Honor, I would like the court to take judicial notice of who was in the deposition room on the date Josefina gave testimony in the underlying matter—the matter where she claims I suborned perjury—as taken down under the heading of ‘Appearances’ in Josefina’s EBT transcript.”
    â€œYes, Mr. Wyler, I deem that to be appropriate at this time. Let the