Michelle, the trial's been going on for a while, Muglia was the last witness. The judge may well be predisposed at this point, so what? I mean, Microsoft has only been trying to piss him off for a year and a half, I'd say this one slip is understandable. I'd refer you to the transcript Gerald posted here in Message 8067545 for the full context. I'd also refer you to Gerald's response to you on this previously, www2.techstocks.com , who covered it all very well.
Not that it's a huge issue or reversible error or anything, but telling the witness to shut up, that he can't explain his answer, to lose his temper, is not exactly the happening thing for the judge to do.
That said, Muglia really should not have carried on. It's bad form. Plus, who knows what he might inadvertently say that might be turned against him. If I were his lawyer, I'd be reading him (and a few others) the riot act right now for this whole God-awful defense -- unless of course they deliberately did it on purpose, in which case I don't know whether to call them geniuses or stark, raving mad.
Gerald's not a big fan of Microsoft, but by all appearances, he's not a big fan of antitrust enforcement at this point either. And unlike your other respondent, he's a lawyer and has posted knowlegdeably about legal matters here before.
Cheers, Dan. |
