The judge was questioning Defense attempt to show prior bad acts by a State witness and their request those be admitted at trial. She said she had never in her practice nor on the bench seen such an attempt since it is always the prosecution who seeks to show the defendant has committed such similar bad acts in the past that a pattern can be discerned and thus the history is relevant. I think it is healthy for Mr. Baez to see that The Team is not being persecuted in Judge Strickland's court room but that most any judge would rule against these weird motions. Character evidence is a touchy area. If the defense tries to put forth the good character of the defendant, not only is the testimony and record dubious because self-serving and thus of little value in determining guilt or innocence but it opens the door to the prosecution refuting such evidence with a showing of bad character. Apart from such an instance, character evidence is not heard at all in the case in chief.
As far as a motion in limine, this term only means: at the beginning, on the threshold, preliminarily. In the judge's experience, only the prosecution files a motion in limine in order to obtain a ruling that would exclude certain evidence and she was surprised to see the defense come at the threshold to seek to include character evidence and prior bad acts of one who is not on trial. Of course, Defense is trying to pose the meter man as a suspect, not a witness and for that purpose, we are far from in limine.
Amazing. I couldn't believe my ears when I heard that Baez had argued against the imposition of a gag order in this case, but here he goes again, lawyering backwards.
OT: Here's a true story about another Jose. I hope it makes you smile.
My friend was moving some furniture out of storage, and I agreed to help. She'd pick me up after she got the U-Haul truck, and "stopped to get a couple of Mexicans". I live in San Diego, so this didn't strike me as unusual. (I had no idea she planned to hire day workers, from the parking lot at the mall).
The time came. I climbed up and into the truck, excusing myself to large man in the shotgun seat as I climbed over him, too. It was a beautiful summer day, and I said so; this was a huge truck, and I mentioned that, too. As I chatted (chattered, really) away with my friend, I realized she hadn't introduced me to
her friend, so I turned to him and said, "Hello, my name is coastal (I held out my hand to shake); it's so good of you to help us move!" The man shook my hand, said "Jose", and turned to look back out the window. Well. Okay.
"Didn't you say you had two guys to help us?", I asked.
"We've got two. The other one is in the back of the truck."
I mentioned it was a beautiful summer day, but I forgot the 95 degrees part.
"In the back of the truck!?" She nodded.
"This truck?!" I turned to Jose. He nodded, smiled, and said "My friend". He nodded again, over his shoulder. I smiled back (because if his friends weren't worried about the poor fellow rolling around in the back of a U-Haul panel truck in 100-degree heat, well, then, neither would I be. Besides, I finally had this Jose fellow talking).
"What's your friend's name?"
Jose looked me square in the eye, completely serious, and said "Hose B."
Even though I don't know Spanish, and my new friends didn't speak English, it was the funniest thing I've ever heard.
