wow, almost no time to post in between typing
jm: exibit 448, we were talking about the message there, if we turn the page we see the same message
alv:yes
jm: you don't know how that got there
alv: no
jm: you are biased in favour of the defendant
alv: I believe the evidence in favour of defendant, bias not right word
jm: ye,s it is the right word
remember that the first thing you did when meeting ja was apologizing to her bc you read some items in relation to this case and already formed an opinion, right
alv: no
jm: fair to say that apologizing seems like there is sympathy on your behalf
alv: apology for reading their most private thoughts is a way to establish rapport, wanted her to be able to talk to me
jm: meant the apology
alv: of course I meant it
jm: indicates you already formed an opinion
objection overruled
alv: no
jm: no need to apologize
alv: from my perspective yes
jm: felt badly for her?
alv: felt badly for invading her most private thoughts, like reading my daughter's diary, I would apologize for that. did apologize because I meant it, and b/c it's a way for her to trust me
jm: apology that you extend to all your clients?
alv: no, it isn't
objection overruled
alv: I apologized to ja for reading her private things
jm: do you apologize to your clients when they come in
alv: no, I don't know anything about them when they come
jm: yes or no
alv: not a complete answer, yes or no not complete answer
jm: so you can't answer
alv: I don't know their stories, have no reason to apologize
jm: knowing you read those thoughts, you felt so badly that you had to apologize
alv: I felt badly
jm: did that affect the way you viewed the defendant
alv: no, it means I apologized, not that I'm
I've apologized when I was misunderstood but that doesn't change the way I work with clients
jm: no need to apologize if you were just assessing her
alv: my gut said I needed to apologize
jm: where is it in the rules that you have to apologize first thing?
objection overruled
alv: not anywhere in the rules
jm: you did in this case, though
alv: I felt the need to do it
jm: because you felt sorry for her?
alv: because I invaded spaces most people don't invade, to establish rapport, did not bias because I had made no decision about this case
jm: other ways to build rapport
alv: many ways
jm: other way is to buy books and magazines, right? way to build rapport?
alv: done it for other people
jm: not what I asked you
alv: you're mischaracterizing what I do
jm: true that you bought books for her?
alv: yes
jm: true that in order to build rapport, you could have done other things than to apologize
alv: many things one could do
jm: could you build rapport another way?
alv: I suppose
jm: didn't you say humour is a way?
alv: would have been inappropriate, counterintuitive if I had told a joke
jm: didn't say a joke, said humour
alv: I get to decide how I build rapport