Tuesday, January 3, 2017

Lawyers in Cosby Case Lose Control

Originally published by Thomas J. Crane.

In every court room, there is just a thin veneer of civility. That is why all the court personnel are so polite. They know one angry word, one snarky comment will provoke a reaction. In the case against Bill Cosby, there are plenty of legal issues to try the nerves of both parties. In one recent hearing, the prosecutor got very upset in court when Bill Cosby’s lawyer appeared to be trying to make public the names of 13 other women who have accused Mr. Cosby of sexual assault. Brian McMonagle, the defense lawyer who represents Bill Cosby, wants the names of the thirteen possible witnesses. The prosecutor, Kevin Steele, became enraged during the defense attorney’s argument. Mr. Steele was convinced the lawyer was trying to intimidate the thirteen women. He argued that Mr. McMonagle wanted to identify them so they could be intimidated. The defense lawyer responded, that the women are “adults, not children.” Mr. Steele also “blew up” when Mr. McMonagle positioned a projection screen in a way that appeared to allow reporters to see the name of the women accusers. The Judge eventually allowed that 11 of the women who have voluntarily gone public would be identified. He also warned both lawyers that if this conduct continues, he will call the sheriff’s deputies. See ABA Bar Journal report.

The defense lawyer was trying to use exhibits in court that contained the names of the 13 women. See NBC news report. And, of course, his retort that they are “adults” suggests he was not concerned about the consequences to the 13 women if there names were made public.

If the defense attorney was indeed using exhibits during the hearing that contained names which have up to now been confidential, then he was indeed apparently trying to make their names public. Yes, Virginia, lawyers do play games to try to intimidate the other side.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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