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"Who in this courtroom hasn't at some time told a fib and Done worse?"

A.K.A. A moment of honesty and An admission of guilt and dishonesty By Judge A. Howard Matz.

Transcript of 11.24.2003

Page 1360, Lines 22-25

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?”

Prosecutor: “Objection.”

Killercop: “Your Honor, sidebar?”

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.”

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 - -"

Judge Interrupting: "What kind of conduct are - - you tell me who in this courtroom hasn't at some time told a fib and done worse?

That's an open-ended question that's improper.

Where are you heading with it? is the question."

Killercop: "Actually, it goes to the credibility of the witness."

BUT HE STILL DENIED IT.

Now, see Docket # 303, 11.11.2003:  Minute Order Denying Defendant right to impeach Hall re: previous 1992 misdemeanor convictions for “dishonesty.”

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