[Andrew_Q_Gordon] The Trial of Jordan Colmar

[Benji]

My dear Trevor you shouldn't tempt me like that. Is THAT all I need to do to get you to stop talking about Second Shot?

 

Seriously, the ending is written, so as much as I appreciate the thought, I can't change the ending - or better said, I won't. If he's guilty, he is, if he's acquitted, he is. It's written and it's staying. But yeah it would suck if he was acquitted, wouldn't it?

 

Stay with me and reserve judgement until the end.

 

Andy

 

..................... I'm sure the ending will wind up a surprise anyways!!

[Ramon]

Mike,

 

Nephy - also an attorney - is helping me keep things real - so thank her too

 

Chapter three won't be two weeks. I'll post it next sunday. Who knows, I might get inspired and get everything finished and ready sooner, but I can't commit to more right yet - go a little something going on that I kinda need to focus on

 

You cave way too easily! hahaha

[Conner]

You cave way too easily! hahaha

 

 

Absolutely one of the things I look for before following any author!

 

Otherwise I have to get into the whining and wailing and gnashing of teeth...and that's just embarrassing!

[Andrew Q Gordon]

Being lazy so answering all three with one reply

 

..................... I'm sure the ending will wind up a surprise anyways!!

 

Yeah I hope a little, but hard to surprise folks when they know everything about it already. Well not the Guilty or Not Guilty part, but everything else.

 

 

You cave way too easily! hahaha

 

Easy?? what'd I do? I was just trying to set the bar low then deliver more than I promised. Better than promising one a week and not being able to deliver, right?

 

 

 

Absolutely one of the things I look for before following any author!

 

Otherwise I have to get into the whining and wailing and gnashing of teeth...and that's just embarrassing!

 

Well you see, I'm more interested in my readers and less interested in read count. [i learned that trick from Mr. Arbour and Nephy] cause if I stretched it out, I have gotten more reads on Second Shot than I did, but I like to getter done and move on to the next one.

[Andrew Q Gordon]

A couple hours before Sunday but I was feeling generous

 

Chapter 2: The Victim be interested to hear people's comments. Is it too legal? Too boring? Too much testimony? To dry? Comment welcome.

 

 

Andy

[TrevorTime]

Is it too legal? Too boring? Too much testimony? To dry? Comment welcome.

After reading it, I was speechless for awhile. I mean, I've seen all the variations of Law & Order over the years, so I know how defense attorneys are. But this guy really takes the cake. It sounds like he wants the jury to think this whole thing is Pete's fault!

God help Jordan if he takes the stand, because I see DA Pratner eating him alive.

[Andrew Q Gordon]

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After reading it, I was speechless for awhile. I mean, I've seen all the variations of Law & Order over the years, so I know how defense attorneys are. But this guy really takes the cake. It sounds like he wants the jury to think this whole thing is Pete's fault!

 

God help Jordan if he takes the stand, because I see DA Pratner eating him alive.

 

A colleague of mine once used a line in trial I have somewhat 'stolen' and used from time to time. In her case the defense attorney was trying HARD to make it seem like the cop was lying or at best incompetent. She told the jury, when you have nothing, you blame the police. So in this instance, Rankin has NOTHING. I mean there is video, witness testimony, and a cooperator. And yet, as Jason predicted at his grand jury testimony, Jordan was going to take it to trial because he thinks he's smarter than everyone else. Guess we'll see in the end.

 

Thanks Trevor, glad this is not falling flat on it's face in comparison to L & O.

[Benji]

A couple hours before Sunday but I was feeling generous

 

Chapter 2: The Victim be interested to hear people's comments. Is it too legal? Too boring? Too much testimony? To dry? Comment welcome.

 

 

Andy

 

............... It was great, just what you would expect in a trial. I loved the reserved back seats for Jordan's family! I don't know how many more witnesses there will be for the Prosecution, they didn't really mention the names in the list. But I'm guessing Jason, Darryl and the girls that were with them the night Jordan first encountered them. What ever will Rankin do? My guess he will call the other defendants to the stand alleging that Peter was making homosexual advances at them. In Rankins mind this is a hick town. He hopes prejudice will prevail, if he puts Jordan on the stand, his case will fall apart. I'm pretty sure Martin can push Jordan's buttons and he will come unglued in front of the jury. Great Chapter, can't wait for more next Sunday!!

Edited August 21, 2011 by Benji

[Conner]

That's an interesting point about putting Jordan on the stand. Based on what we know, I agree that it would be a huge mistake to put Jordan on the stand. But as Andy has pointed out, the state's case is tight. So the question is is there really a choice - especially if the defense can't break any of the state's witnesses? (I keep wanting to say Crown's case, Crown's witnesses )

 

Besides, speaking as a reader who loves drama, putting Jordan on the stand would really add to the story's kick. What author could resist that! So that's where my money is! Obviously, we'll not get much comment from Andy on such a major plot question.

 

There's another issue that has my curiosity piqued. In the first chapter, Peter gave testimony that he basically told Jordan, just before the assault, that he (Jordan) was a closeted gay, turned homophobe. It strikes me that that accusation would have added fuel to the fire, so to speak, especially if it's true. Could the defense not have taken more advantage of that statement?

[Andrew Q Gordon]

............... It was great, just what you would expect in a trial. I loved the reserved back seats for Jordan's family! I don't know how many more witnesses there will be for the Prosecution, they didn't really mention the names in the list. But I'm guessing Jason, Darryl and the girls that were with them the night Jordan first encountered them. What ever will Rankin do? My guess he will call the other defendants to the stand alleging that Peter was making homosexual advances at them. In Rankins mind this is a hick town. He hopes prejudice will prevail, if he puts Jordan on the stand, his case will fall apart. I'm pretty sure Martin can push Jordan's buttons and he will come unglued in front of the jury. Great Chapter, can't wait for more next Sunday!!

 

I wouldn't look for Darryl and the girls from that night, if the witnesses are merely corroborating other testimony, they are generally not allowed, especially if it's just to say Jordan said bad things - now if Jordan testilies errr testifies, then they can call one or two on rebuttal. As for Rankin calling the other defendants - IF Martin did his job correctly - and we'll assume he did - they would have all provided insulating statements which would make them virtually unusable to the defense, i.e. they will have implicated jordan in the event as part of their plea, so, Let's wait and see what happens - trials are tricky beasts you know.

 

That's an interesting point about putting Jordan on the stand. Based on what we know, I agree that it would be a huge mistake to put Jordan on the stand. But as Andy has pointed out, the state's case is tight. So the question is is there really a choice - especially if the defense can't break any of the state's witnesses? (I keep wanting to say Crown's case, Crown's witnesses )

 

Besides, speaking as a reader who loves drama, putting Jordan on the stand would really add to the story's kick. What author could resist that! So that's where my money is! Obviously, we'll not get much comment from Andy on such a major plot question.

 

There's another issue that has my curiosity piqued. In the first chapter, Peter gave testimony that he basically told Jordan, just before the assault, that he (Jordan) was a closeted gay, turned homophobe. It strikes me that that accusation would have added fuel to the fire, so to speak, especially if it's true. Could the defense not have taken more advantage of that statement?

 

I've said it before, Jordan thinks he's too smart for everyone else. -- think that dipshit in Illinois, you know the governor - he got on the stand and just say no they're ALL lying, trust me. We saw how well that worked out for him, now didn't we??

 

The statement you reference, was made 9 months before the attack. Had he punched peter at the time, yeah maybe, but remember too Jordan started things by calling Peter a fag and what not. So no, even if it was inflammatory - and it was - Jordan started the name calling. Personally, I think the statement cuts both ways. Sure it gives the defense a chance to say Peter hates Jordan and will say anything to - even lie about the attack to get him in trouble, but it also give the government a chance to say - look, Jordan was PISSED at Peter calling him those names in front of everyone. He waited and planned until he could finally find a way to get revenge - because clearly he knew he couldn't beat Peter one on one. So you see there is a fine line to walk with this. Rankin wouldn't want to over play the hand or give Peter a chance to explain more than he did. With the evidence out there, he is free to spin it anyway he wants to the jury. So the key for him is get the statement out, and then try to convince the jury it means Peter has motive to lie.

 

Whew that was a mouthful before work

 

Thanks both of you .

 

Andy

[MikeL]

Great chapter 2, Andy, giving us a good insight to trial procedures. You writing is very interesting and does not at all contain too much legalese.

 

Peter's performance and that of the prosecutors was superb. I'm looking forward the the next chapter.

[Andrew Q Gordon]

Great chapter 2, Andy, giving us a good insight to trial procedures. You writing is very interesting and does not at all contain too much legalese.

 

Peter's performance and that of the prosecutors was superb. I'm looking forward tho the next chapter.

 

 

 

Thanks Mike, I appreciate your comments - of course if you weren't pleased I would also welcome hearing them - but I'm not gonna go begging for criticism

 

 

[Dark]

Wow, this is giving me such a picture of you in court!

 

I love the use of the out-of-town defense attorney as a tie-in to the readers (in that the judge "explains" things at certain times during the trial). That's a fantastic way to explain things to us readers without using gobs of prose. It also makes me snicker, and that's usually a good thing. Martin seems like a real character, too. It's like we have a whole new perspective on all the different characters from SS, and I'm really enjoying it. This every other week posting, though ...

 

I would be interested in seeing what Jordan says for his defense. That apple didn't fall far from the tree, did it? And go, Peter, for doing so well on the stand! Even if he wasn't a good guy, I think I'd be rooting for him.

[Andrew Q Gordon]

Okay, I gotta say the urge to accept that I'm brilliant was HUGE - but I can't. I didn't select Rankin - the out of town lawyer - just to be able to 'explain' stuff without 'explaining.' In fact it wasn't even a consideration. Damn, but when you put it that way I wish I had, then I could be all breaking my arm patting myself on the back for doing something good.

 

Way back when I was a wet behind the ears, barely had 10 bucks to my name, fresh outta law school type, I remember being in the courtroom with Judge Subers - a very nice man who would smile as he gave you sixty years, but always polite and respectful to everyone. We were just talking in the courtroom because I was 'on duty' in the miscellaneous courtroom - the one where they sent everything that didn't fit somewhere else on the criminal docket - and in walks this Philly Lawyer - we were in Montgomery County the out county from Philly - Basically this guy had a 9:30 hearing that he knew he wouldn't make so he called chambers and told the judge he was going to be late. Unknown to me, cause the case was on my docket - the Judge continued the case without telling anyone. So the lawyer comes in to the courtroom, and the Judge calmly says, 'oh, I continued that to such and such date.' The lawyer looked perplexed and said, but I called and said I'd be late.

 

Judge Subers never lost his respectful tone, but said 'That's not good enough' this played out twice and I'm thinking - dude you need to apologize and go home. Finally the Judge turns to me and says, 'what's the issue here?' My answer was - and I know I earned myself no favors from this lawyer - "you don't call chambers and tell them you're going to be late, you call, explain you have a conflict and ask if you can come late or would the court like to reschedule.' Of course the lawyer was truly pissed, but he got the message well enough that when he asked about the date, he asked for a new one, because he already had something in Philly.

 

Yeah long story - but that was the idea behind Rankin, no respect for the county judge because these cases weren't nothing compared to what he'd done in the 'big' city.

 

On a side note, there is a LOT of me in Martin, not all - I'm mean he's pretty brilliant, I'm fair to middling - but the gamesmenship and theatrics that push things just so far but never beyond the realm of decorum, yeah I do that a lot - maybe more than I should but still.

 

Thanks for the post, appreciate hearing from you.

[MikeL]

On a side note, there is a LOT of me in Martin, not all - I'm mean he's pretty brilliant, I'm fair to middling - but the gamesmenship and theatrics that push things just so far but never beyond the realm of decorum, yeah I do that a lot - maybe more than I should but still.

 

Great little tidbit of a story. I can't see you as fair to middling.

[Andrew Q Gordon]

Great little tidbit of a story. I can't see you as fair to middling.

 

 

Thanks Mike, but I'm not going to agree I am any better that than.

[Andrew Q Gordon]

Chapter 3: Ex-Friends is posted.

 

Two of Jordan's former friends testify against him. These are the last two government witnesses we will see. Next chapter begins the defense case.

 

Enjoy.

 

Andy

[Dark]

So... how do you glare slowly?

 

This chapter was harder to follow than the first two and I had to read the beginning a couple of times to straighten it out in my head. I guess I didn't realize that Rankin could object to answers to questions he asked. I must admit I'm still confused by the whole motivation argument, even after Dan and Martin talked about it. Layman's terms?

[Andrew Q Gordon]

I've thought about layman's terms but then it would lose it's real feel. Sort of damned if you do, damned if you don't situation. The idea is that Martin and Dan wouldn't discuss that in layman's terms so to do so in the story would be totally out of character so that is why I went with it that way.

 

Rankin would be hard pressed to object to his own witness but if the government witness goes astray the proper course is to ask the court to direct the witness to answer, ask to strike etc. So yeah they can object in those situations.

 

The motive issue is that Jason has a reason to lie that is what Rankin wanted to establish. The use of Fag Bash without some other evidence would be too prejudicial without being relevant to an element of a the case. What the government would want to avoid is the argument that Jason had no good reason to raise his fist toward Jordan. Because then it would play to the defense argument that Jason was just an angry ex-friend who was still mad at Jordan. The answer, he thought he was going to be fag bashed would help explain his motive for what he did, but it is again, prejudicial in that it suggests Jordan is a fag basher. So the Judge had to balance the two. Were I judge, my ruling would be to allow the government to ask why he did it, i.e. he and Jordan weren't friends and when grabbed from behind, Jason was just taking steps to defend himself, but not allow him to offer an opinion on whether or not Jordan was a 'fag basher'.

 

Not sure that helps, but there it is.

[Dark]

No, I understand why you wrote the counselors' discussion as you did, merely begging for layman's terms here.

 

Thank you, that does make more sense now.

[Benji]

...................Rankin will slip up, and Martin or Dan will catch it. I think it would be a huge mistake to put Jordan on the stand, the prosecution will slice him up, but given the years he might be facing (25 to 60?) Rankin, may feel he has no other choice. Then again, Edward may be the one to slip in the gay bash term if Rankin doesn't watch out how he handles him. Very interesting, and another great chapter!!

[MikeL]

Excellent chapter three, Andy. You are giving us a good lesson on courtroom procedure along with a riveting story of brutality arising from personal hatred. I'm hoping Jordan Colmar does testify; with a little help from his attorney, his goose is cooked.

 

Speaking of being cooked, please keep this excellent story on the front burner.

[TrevorTime]

I'm hoping Jordan Colmar does testify; with a little help from his attorney, his goose is cooked.

I'm hoping so too, if only that it will give me a chance to swear at my computer screen.

[MJ85]

I feel like Jordan is definitely going to testify, if for no other reason than his own pride won't let him get away with not saying his piece up there. Anything else that comes out of that will just be gravy.

[Andrew Q Gordon]

No, I understand why you wrote the counselors' discussion as you did, merely begging for layman's terms here.

 

Thank you, that does make more sense now.

 

 

See my answer to Trevor's review for what might be a better worded explanation. But if it makes sense to you now, maybe I better quit while I'm ahead

 

...................Rankin will slip up, and Martin or Dan will catch it. I think it would be a huge mistake to put Jordan on the stand, the prosecution will slice him up, but given the years he might be facing (25 to 60?) Rankin, may feel he has no other choice. Then again, Edward may be the one to slip in the gay bash term if Rankin doesn't watch out how he handles him. Very interesting, and another great chapter!!

 

Trials are a bit like a chess match, you make a move hoping you're three moves ahead or that you can anticipate the other's reaction, etc. I'd be surprised if Rankin slips up with Jordan - I mean he's prepped the kid for months. Rankin's problem is he isn't that up on the Judge as he should be. sometimes only appearing before them on a daily basis will prepare you for their idiosyncrasies. To me that is the big problem he's having. What works in one county might not work somewhere else. Attorney's who practice in DC rarely go to Virginia because they actually follow the rules of court in the Old Dominion and don't care a tinker's cuss for the 'poor right's of the defendant' when the defense 'pretends' to not remember something or didn't follow the rules. I see this fictional county as doing the same. Do it right or risk not getting it into evidence.

 

Thanks for the note B-man.

 

Excellent chapter three, Andy. You are giving us a good lesson on courtroom procedure along with a riveting story of brutality arising from personal hatred. I'm hoping Jordan Colmar does testify; with a little help from his attorney, his goose is cooked.

 

Speaking of being cooked, please keep this excellent story on the front burner.

 

I wouldn't expect too much bang out of Jordan's testimony. He'll lie - probably convincingly so - and be very well rehearsed in his testimony. The problem is that no matte how well you prepare, you can't anticipate everything the other side will ask. Whether or not he'll get caught in a lie remains to be seen.

 

I'm not forgetting this one - Mike, but I'm keeping to a schedule so I can finish Purpose too

 

 

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I'm hoping so too, if only that it will give me a chance to swear at my computer screen.

 

I have a strict no cussing rule in court Trevor, make sure you leave the building and not do it from the spectator's gallery

 

 

I feel like Jordan is definitely going to testify, if for no other reason than his own pride won't let him get away with not saying his piece up there. Anything else that comes out of that will just be gravy.

 

Normally I wouldn't do this but I'm in a good mood, we finished painting the baby's nursery so I'm quite happy. Here is a sneak peak at chapter 4 -

 

"Go home tonight and relax," Dan said. Holding the orange Nerf ball, he waited until Martin looked his way. "Everything went according to our plan. As you said upfront, we have a great case, all we need to do is execute. You, did that."

 

"We did," he corrected. Tossing the ball to Belle, he let out a sigh. "I don't understand why we went to trial. What do they think they have to overcome Bennett, Peter, the video and Portman?"

 

"Nothing."

 

Everyone turned toward Alan who froze with the bottle almost to his lips. Before Martin could ask what he meant, Dan spoke, "Care to expand on that?"

 

"Earlier today, when I went to get lunch, I overheard Rankin speaking to Hank Colmar." He finally took a drink. "Let's just say it was not a happy conversation."

 

"What do you mean?" Martin glanced at Dan, hoping the kid wasn't about to torpedo his promising legal career. "How did you 'happen' to hear this?"

 

No longer relaxed, Alan sat up straighter. "As I said, I was waiting for the delivery person by the front door. You know those black plastic seats by the entrance? I was sitting on one of them when I heard Hank Colmar's voice. Everyone heard it."

 

"And you saw no reason to leave did you?" Dan smiled at Martin, looking relieved this was a conversation that 'came' to Alan and not one he sought out.

 

He shrugged. "It's the same place I met the guy every day this week. Not my fault they were loud."

 

"Okay so you weren't eavesdropping." Unsure he should ask, Martin hoped Rankin didn't discuss his trial strategy in the hallway. "What did you hear?"

 

"If you're worried it was their super secret trial plan, don't." Alan drank again, allowing Martin to relax. "Basically, Colmar's mad. He said something about our side creaming them and how Rankin was incompetent. Oh yeah, he cussed Ray Henry out for hiring our firm out from under him."

 

Dan snorted. "I'd have turned him down if he asked. I have enough business without ruining my name with this case."

 

Martin kept his eyes on Mary who raised her eyebrows fractionally. He wasn't the only one surprised by the statement.

 

"Well, Rankin didn't take to being insulted in public. He reminded Colmar he told them their case was extremely weak. Said he warned them about the risks of a trial and that everything depending on Jordan being able to convince the Jury everyone else was lying, but him."

 

"Which is what we've been saying all along," Belle said, drawing a look from his sergeant.

 

"Colmar said something about for what he paid he expected results not excuses and he'd have Rankin's license if Jordan went to jail." Alan shrugged, rolling up his sleeves. "That's when the lunch guy came and I had to go."

 

 

I'd say plan is Colmar testifies, but then this is all just conjecture on the part of the government team, now isn't it?

 

Thanks everyone for their comments.

 

Andy