KILLERCOP'S QUESTIONING OF GOVERNMENT'S WITNESS, TRACY HALL.
Killercop: “After this conviction of witness tampering, this felony conviction - - now, you’ve been involved or engaged in other dishonest conduct, haven’t you?”
Judge: “No sidebar. I’ve issued rulings about this general matter before. Objection sustained.”
Killercop: “Sidebar, please?”
Judge: “No sidebar. Continue with your examination. At the appropriate time, I’ll let you be heard.”
Side Bar Conferences: The judge’s decision whether to conduct a side-bar conference is reviewed for an abuse of discretion. United States v. Bennett, 363 F.3d 947, 952 (9th Cir. 2004); United States v. Laurins, 857 F.3d 529, 538 (9th Cir. 1988); United States v.Wellington, 754 F.3d 1457, 1469 (9th Cir. 1985).
LATER ON...
Judge: "What was the other issue I said I would rule on?"
Killercop: "Yes, Your Honor. I asked the question of the witness, 'You've been involved or engaged in other dishonest conduct, haven't you?'
Judge: "That's right. Now, this witness, as transcripts of earlier ruling and plenty of orders I issued will reflect, was convicted, I believe, of two misdemeanors – or at least one misdemeanor a long time ago. I entertained, considered, and ruled upon the government's motion in Limine to preclude examination into those misdemeanors. They were in 1988, 15 years ago. On or about January 13th of 2003, almost a year ago, I granted that motion and specifically said that Killercop may not inquire into Ms Hall's 1998 misdemeanor convictions."
Killercop: "Correct."
Judge: "So what are you attempting to do now that doesn't contravene and violate that previous ruling?"
Killercop: "I'm not asking her about those convictions, Your Honor. If you recall my words, it was 'You've been involved, engaged, in other dishonest conduct, haven't you?' I haven't mentioned anything about the 1998 convictions."
Judge: "Where are you heading with this?"
Killercop: "To the credibility of the witness, Your Honor. She can answer - -"
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