Jimmy Singer began his vociferous attack on me prior to trial.
During my deposition, Singer asked me to relate every time I had been convicted of a crime. Now, understand that I am not an angel, so I told him about every conviction I remembered, some dating as far back as 1976. All of them were misdemeanor convictions. I have no FELONIES on my record whatsoever. Just prior to Trial, Singer sent a letter to Mr. Caswell saying that he had found “additional” crimes that he intended on bringing evidence in Court with the purpose of impeaching my testimony.
Every “crime” Singer threatened to use against me had either been dismissed or plea-bargained to a lesser crime including a conviction in 1980 for possession of a substance not allowed in inter-state transportation (a marijuana “roach” found in my car ash tray in Humboldt County, NV)
The reason I did not mention these
other “crimes” is because (with the exception of the possession charge in
At Trial, before the Jury was
brought in, my Lawyers successfully argued to keep that testimony from evidence
because that evidence might tend to unfairly prejudice the Jury against me.
The Judge agreed, saying that he would NOT allow that as evidence.
Successfully dismissed as hear-say testimony was the claim from Goolsby that he heard from as many as two truck drivers later that I “had a gun in my truck”. Also Cody’s claim that I called him a “nigger”, which the Judge said would tend to unfairly prejudice the Jury against me.
Cody claimed I told him “I’m gonna kill your nigger ass”…….
(Interestingly enough, it was not Cody, but rather Sonny Culick who originally made this accusation.) Culick claimed in his interview with Detective Morrison that I said this to him while I was inside the Truck Stop. Culick also said that he and Cody followed me outside, followed by Goolsby and Szukiewicz.
But, remember that Tammy Smith testified that I “approached no one, nor was I approached” by anyone while inside.
What a laugh, someone who speaks like that is uneducated, vulgar and of little consequence. Much like the white trash portrayed in the movie “Deliverence”.
Personally, I find the term extremely offensive and never use it in reference to any person or group, either black or not.
Not to mention that I come from a Liberal Democratic family, have black cousins, have many good black friends and would be in big trouble from my step-mother if I used such language. (HI JENNIFER!)
Jimmy Singer brought as first evidence against me, a direct representation of this web site as it appeared just prior to the trial.
The picture of Calvin “pissin” on the J brought an immediate giggle from the jury. Singer characterized the man in the ani-gif as a “red-neck”. He did this to prejudice the black members of the jury against me. (that didn’t work) In my deposition, he characterized Calvin as a “little boy”.
Singer made reference to my web site where I claimed that several of the employees used vulgarity toward me, specifically where I claim Tammy Smith told me to move my truck or “the mother fucker” would be towed, and where I claim that one or more of the four thugs repeatedly told me to “get the fuck” out of there.
He made some comment that he “wouldn’t wish his 10 year old daughter” to read such vulgar words on a web site accessible to the general public.
I told him then, and will tell anyone else now, THAT is the NATURE OF THE INTERNET, and that it is EACH PARENTS responsibility to oversee and censor if necessary what their minor children see or read on the internet as well as television. I also told him and tell everyone else, that failure to do so is nothing but BAD PARENTING.
Don’t you agree?
My testimony at trial was exactly the same as my deposition, with one exception. At deposition, I stated that I did not know who grabbed and broke my right arm, but at Trial, I identified Goolsby as the person who did.
Naturally, I got hammered by Flying J on this inconsistency. It is real easy to explain; after sitting across from Cody (who I immediately identified as the THUG who struck me in the face) and Goolsby, listening to their voices and their testimony at deposition, particularly Cody’s testimony that I could come to only one conclusion.
That Goolsby was the person who grabbed and broke my right arm. Why else would Goolsby and Cody concoct the lie that I struck him and knocked him down?
Singer also hammered me because originally on this web
site, I stated that the Flying J employees were arrested.
Singer hammered me on several questionable references in the medical reports from Gordon County Hospital. Singer claimed that the records stated that I was injured in a “fight”, I could not testify as to this characterization made by someone else, if such characterization was indeed made. I never saw it.
I was also hammered on some alleged reference in this medical report that Singer claimed I told the medical personal at the Hospital that I had broken my right wrist previously (trying to prove that the problems I now suffer from are associated with some previous injury, and not as a result of the assault at the hands of the four thugs.) I have never fractured my right wrist, although I did fracture the ulna in my left arm in 1981 and DID tell the treating physician at GCH.
I asked Singer on several occasions to show me exactly where on the medical records it stated that I had fractured my right wrist previously and the best he could do was angrily slap the papers and yell “it’s right there”.
At some point, Singer asked me “tell me about this fight you had with your sister….” Both my lawyers stood up, objected (remember this testimony, or reference about any crime was disallowed by the Judge) and called for a conference with the Judge. At the Side-Bar, Singer stated loud enough for the Jury to hear, that they deserved to hear it. Again, the Judge said he would NOT allow such evidence.
The final attack was when Singer
asked me about a (vehicle) collision in
Singer attempted to prove that the nerve damage associated with the injury to my right arm was because of this collision and not as a result of the assault by the four thugs.
Singer successfully argued to keep testimony from my orthopedist regarding the “cost” of surgery to my elbow out of evidence because even though he is an expert in this field and teaches this medical procedure, he would not be the person performing the surgery and could only estimate the actual cost. (I don’t think that any surgeon could give anything but an estimate of the cost until the surgery was actually performed.)
So the Jury was not allowed to even consider that cost in the damages phase of the trial.
Singer also found reference in my medical records where I had some disagreement with my Primary Care Physician in 2000 regarding refilling a prescription for vicodin (narcotic pain reliever).
The truth is that I was originally prescribed 50 tablets in 1998 and they lasted me for over 12 months before I attempted to get them refilled.
Does that sound like a “substance abuse” problem to you?