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Cody, but rather Sonny Culick who originally made this accusation.)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.
Because
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?