District Attorney Fani Willis has opened up a website to sell merch, particularly on "Fani Friday." You too can have your very own Fani T. Willis fan club t-shirt.
The one thing movies never get right about trials is the rules of evidence.
And I don't just mean whether the objections are accurate or the evidence is admissible.
Planning how you are going to get your evidence in, and keep their evidence out, is a big part of trial prep.
So, for instance, this past week I had a DUI trial where the police officer who initially detained by client had pleaded guilty to DUI. IN FRONT OF ME.
Two weeks before the trial.
But under Rule 404, that sort of evidence is not normally admissible.
But obviously, this fact is going to be devastating to the officer's credibility and piss the jury off. So how do you get it in?
Well, now you have to start thinking of reasons to get it in, and how you are going to ask questions consistent with those reasons.
One fun little tidbit you may have forgotten from this saga: James O'Keefe tried to troll the Washington Post with a fake account of Roy Moore having done this to an additional victim, only to be foiled by their excellent investigative reporting.
The alleged victim in this case, Kenneth Herring, blew through a red light and slammed into a semi-trailer, hard enough to make it tilt. An off-duty officer who approached him noticed that he seemed impaired.
Hannah Payne witnessed the accident. And she waited around for 20 minutes, just in case the officer needed her to be a witness. But eventually, Herring's behavior grew more erratic.
He started mumbling to himself. Pacing. The officer told him not to go back into his car. /2
But Herring ignored the officer. Instead he got back into his car, which was visibly disabled, leaking oil and hissing, and "floored it" into traffic.
The officer asked Hannah Payne to get his tag number. She jumped into her Jeep and followed Herring. /3
1. Be nice, and polite, even if the cop is a jerk. Especially if the cop is a jerk, because if the cop comes off as a jerk on body cam, the jury may acquit you for this and no other reason.
2. Hand over your license and registration is asked. You may have some sort of technical argument for why you don't have to. That argument is going to land you in jail for no personal benefit. Just hand them over.
3. You do have to stop out of the car if the officer asks you. But you should always politely decline searches. "I'm sorry, I don't feel comfortable with you searching my car."
This is the EASIEST kind of lawyer to allege ineffectiveness against. If you point out something he didn't think of, he's going to say "gosh I didn't think of that and it was not strategic."
Because the fact is, we all miss stuff all the time.
Your biggest concern, truly, is that you want to ensure that the admission is credible to the judge.
And that means going through all the work the lawyer did a great job on, and pointing out how this is like the one little misstep in their strategy. /3
I read the lawsuit looking for a provably false statement of fact, and as far as I can tell, it's that Taibbi made more money during the Twitter files saga.