This is the second part of an investigative series that Miami attorney Jack Thompson apparently doesn't want you to read.
The game industry nemesis today threatened GamePolitics and its parent company, the Entertainment Consumers Association (ECA) with legal action over GP's detailed coverage of Thompson's recent trial on professional misconduct charges by the Florida Bar.
Thompson's view seems to be that we can't print selected excerpts from the trial testimony, but rather that we have a legal responsibility to report on the testimony of all witnesses, including Thompson, who himself testified for five days.
That's nonsense. That would mean that GP's First Amendment rights are null and void, that we don't get to determine what we print, but rather that Jack Thompson does.
To put it mildly, that's not happening.
Besides, there are good reasons to print selected excerpts. Space is obviously a consideration. In addition, some of the witnesses against Thompson don't have any connection to video game issues. We're skipping them. The transcripts we've obtained from five game-related witnesses run to hundreds of pages. Excerpts are a necessity. What's more, the excerpts don't just include allegations against Thompson. They also include some of Thompson's objections as well as his cross-examination of the witnesses. In addition, we've made arrangements to acquire Thompson's closing argument (although not from him; he has declined to provide it) and will feature that as a stand-alone.
By way of introduction, part one ran yesterday and provides much of the back story of the series. In today's update, GamePolitics presents excerpts from the testimony of Alabama Circuit Court Judge James Moore. As longtime GamePolitics readers will recall, on November 18th, 2005 Judge Moore revoked Thompson’s pro hac vice (visiting) right to practice law in Alabama. The drastic action by Judge Moore essentially removed Thompson from Strickland vs. Sony, a wrongful death lawsuit seeking $600 million from a variety of video game industry defendants, including Grand Theft Auto publisher Rockstar Games.
Judge Moore began his lengthy testimony on November 26, 2007 and completed it the following day. Indeed, the transcripts of his direct testimony and Thompson's cross examination exceed 300 pages. The following excerpts represent only a small portion of Moore's testimony:
(GP: Under questioning by Florida Bar prosecutor Sheila Tuma, Judge Moore detailed his reasons for revoking Thompson's pro hac vice status. As alleged by Judge Moore, these included: failure to disclose material facts in Thompson's application; extra-judicial comments made by Thompson; and violating rules of conduct. We note that Thompson disputes these allegations. In the excerpted transcripts, MOORE is Judge James Moore. JT is Thompson, TUMA is prosecutor Sheila Tuma and DT is Judge Dava Tunis, who is presiding over the case)
TUMA: ...You indicated to that Mr. Thompson violated various rules in Alabama. Can you explain to the Court what conduct Mr. Thompson engaged in when he violated those rules?
MOORE: (following a lengthy objection from Thompson which was overruled): One was an ex-parte written communication to me in an attempt to interject himself in the Court's management of [cop killer Devin Moore's] criminal trial; also his conduct towards opposing counsel... [saying] repeatedly that the [video game industry] corporate defendants and the [video game industry] counsel are lying...
(later Thompson objects that he is being subject to an ex post facto Florida Bar regulation that didn't exist at the time of his alleged offense; Judge Tuma overrules his objection, however...)
JT: Judge, Judge, for heaven's sake. They're citing a rule that didn't exist and they're citing that rule as authoritative against me for something I did prior to the rule's coming into existence... and this Judge [Moore] is not competent to testify as to whether or not I violated any Florida Bar rules. He's not licensed in Florida...
(After revoking Thompson's pro hac vice status in 2005, Judge Moore directed Thompson not to contact his Court any further. Thompson allegedly did not comply with the order.)
TUMA: Judge Moore, after you [revoked his pro hac vice], did you indicate to Mr. Thompson not to contact you any further since he was out of the case?
MOORE: Yes... Because he was continuously sending documents to my office; three, four, five times a day, easy... plus, when he would send his media alerts out... when he sends them to these media people, then they call my office. We got calls from all over the world about this, and it was extremely disruptive... my staff is one lady. That's it. She's it. We preside over three courts in three counties... it was very disruptive.
TUMA: How would you receive the correspondence?
MOORE: Fax...
TUMA: Can you just maybe try to explain briefly why you determined to file the [Bar] complaint...?
MOORE: Because his actions were outrageous...
JT: Excuse me, Your Honor, I move to strike his answer that I was outrageous. That's not really responsive.
DT: Overruled.
JT: That's a characterization.
DT: Overruled...
(later, Judge Moore is asked to discuss a 2005 communication from Thompson...)
TUMA: Can you tell the Court what that is?
MOORE: That is a copy of an e-mail from Mr. Thompson dated November the 7th, 2005... It's addressed to me....
TUMA: Please slowly read that paragraph.
MOORE: "I was in your courtroom, Judge, and I felt like Alice in Wonderland must have felt. It's okay for [video game industry attorney] Mr. Smith to act like a Mafia thug, but it's unethical for me to point out the thuggery. What in hell - literally - is going on here? This is utter, utter nonsense and you're watching it, Judge... it is open season in your Courthouse and courtroom on Christians who think that there are such things as decency and sexual material harmful to minors and murder simulators and so forth. This has got to stop."
(Judge Moore is subsequently asked by prosecutor Tuma about Thompson's case-fixing allegations concerning Alabama lawyer Clatus Junkin...)
TUMA: Can you tell the Court what you understand about Mr. Thompson's statements about a fixer being involved in this case?
MOORE: Yes... he set out these allegations in there about Clatus Junkin saying that he could fix the case with me, that he had control of me... or something to that effect.
TUMA: And at any time, did you have any discussions with Clatus Junkin that you would allow him to appear in this case and that the case would be fixed because he was appearing?
MOORE: No.
(GP: Judge Moore is then asked to read letters sent by Thompson to high-level officials of the state of Alabama. One letter asks for a criminal investigation of Clatus Junkin regarding the alleged case-fixing before Judge Moore.)
TUMA: Judge Moore... Can you tell the court how the receipt of all the documents you received from Mr. Thompson affected you?
JT: Objection; irrelevant.
DT: Overruled.
MOORE: For one, as I testified, it was really disturbing to the operation of my office. That, I think, is the main thing... You know, the other thing, it's just terribly frustrating to me as a Judge in this situation that he can publish these things to the press, unfounded, completely untrue, and I believe they are - they are very hurtful and harmful to the Court and the way this Court operates.
I can't operate or any judge can't operate until the public has confidence in us and he attacks that confidence and its just absolutely baseless.
NEXT: Jack Thompson cross-examines Judge Moore.
Comments
Incidentally, I find it interesting and amusing that Jack refused to volunteer his own closing argument. We know the man never misses an opportunity to grandstand and that would have been the perfect moment for him to do so. Makes you wonder what he’s so afraid of.
Perhaps I’m being a bit premature; I’ve only read a bit of this and I’ll read the rest later, but it looks to me like Jack’s goose is going to be thoroughly cooked by the time all is said and done.
I'll put $20 it happens in May.
Because they're more like as-the-coffin-lid's-closing arguments than anything else.
quit reading ahead of the script =p
Just caught your post (tears of laughter clouded my vision). Well-said. And seconded.
*grin* I try my best.
"'The true soldier fights not because he hates what is in front of him, but because he loves what is behind him.' G.K. Chesterton"
I find that quote kinda scary. It an aphorism that sums up a crap-ton of things that I find wrong in the world.
I think he is talking about his own ass... where he pulls out all the garbage he says about games and everyone who isn´t agree with him.
Only serious drinkers could handle that drinking game.
That's why Thompson is whining about the coverage of his trial. He wanted no one to know what he's really like.
Thompson, practice what you preach: Grow up and get a life.
i couldnt resist
lol
You're talking about most of his legal career. This trial is just a humorous footnote.
Actually this trial could make an interesting legal class:"How to act when you've totally screwed your entire legal career 601".
"You and your parent organization are now on notice that I shall prosecute this latest assault upon me to the fullest extent of the law, and I shall look not only to you but to ECA for recompense."
Got some bad news for you, Jack-O. The extent to which the law says you can prosecute is about equal to the extent my nose protudes from my face. As to recompense, I fear that, while you can look all you want, you just ain't gon' find.
@GP:
His letter was even more entertaining -- certainly more rubbish-filled -- than his very entertaining courtroom antics. It's all more entertaining than a comp'd weekend in Vegas at the Palms.
When will this man ever learn that his "scorched earth" stratergy ain't always a winning stratergy? And that it never wins obviously isn't helping to drive the lesson home.
Still, I wish I could read the stuff pertaining to the non gaming-related witnesses, especially those regarding Howard Stern since I'm a fan of his as well and I'd like to know what they had to say.
@ Beardogg-X
Exactly what I was thinking! :D Good night, and good luck my friend. ;)
Put me down for 6
Well, if these are transcripts from the trial itself, wouldn't the full text be available through the Courts. Transcripts from all trials are held as public record, no?
GP: Honestly, I have no idea if these transcripts are available from a public source. It is a matter of public record, but that doesn't necessarily mean that they are easy to get hold of...
Not even close.
To imply that Jack Thompson is even given a thought by those people spending money to make games is laughable, and your continued coverage of this miscreant, your demonising of someone who is clearly insane for your own profit and enjoyment, is not only giving him further popularity and cause, but shows just how unprofessional you really are.
The reason:
You fail to realise that games ARE regulated by most governments around the world, and yet the industry is doing booming business the world over.
Piracy and Monopolistic tactics by publishers and console manufacturers are by far more dangerous to Game development than both government regulation and the pathetic posturing by small minded massacre chasers.
I work in the industry in Australia. We don't have an R Rating for games. Yet am I sitting here, raging in frustration about being creatively stifled by that arbitrary rule? Have I been told that due to government regulation I can't make video games? Furthermore how many developers in Germany are closed because they're not allowed to use red blood or the swastika.
Creativity is only being stifled by publishers looking to maximise profit by churning out sequels and clones, and by a public that spends millions on movie tie ins and responds positively to the ridiculous advertising campaigns of publishers.
The goal Jack is working toward - government control of video games - has nothing to do with stifling creativity.
I really do hope he does sue you - at least it will stop you talking about him for a while.
GP: Wow, what can I say to that? First, if you don't like what I cover here, go read something else. You won't hurt my feelings. But please remember, the main focus here is games + politics. Thompson most definitely is a game industry nemesis in that regard. What's more, he has become something larger than himself. He's basically a symbol of the other side in the modern cultural struggle for games and gamers to gain legitimacy.
As to the game industry, there's really no love lost between GP and the industry. You won't hear me argue your points about sequels and such, although I'm not sure why you're angry at me about that.
And if you think the industry here in the US pays him no mind, you're just wrong. They are most certainly aware. Take Two sued him last year, Zelnick had a secret meeting with him ... EA took time to respond to his recent (ridiculous & cynical) offer to help with the T2 acquisition... the industry spent time and money battling him in the Alabama GTA case, in the Louisiana game legislation, in the New Mexico wrongful death suit, in Delaware legislature in 2006, in the Bully case in 2006, in Utah in 2007, in the Massachusetts legislation he drafted just yesterday...
Your comments about my covering him for profit are simply insulting. I'm under contract to edit this site and it's not based on hits or traffic, etc. Nor do I particularly enjoy the JT aspect of the job. I went into this series with 100% certainty that I'd be threatened (yet again) with a lawsuit. But there is a real story here, a real chance to learn something, and I intend to bring that story to the public.
That's sure entertaining.
*spoiler alert*
His first case is to defend a down on his luck, DISBARRED Phoenix Wright.
*End spoilers*
I haven't played the game personally, but that is what Nintendo Power said.
Also this section is just sad:
TUMA: Judge Moore… Can you tell the court how the receipt of all the documents you received from Mr. Thompson affected you?
JT: Objection; irrelevant.
DT: Overruled.
I'm pretty sure the emotional impact of your HARASSMENT is important Jack. Doing this makes you look like an insensitive jerk... Oh, wait...
While I could poke a dozen holes in your last post, I'm really only interested in one.
...your continued coverage of this miscreant, your demonising of someone who is clearly insane for your own profit and enjoyment...
What profit?
Andrew Eisen
Not neccessarily. In Florida, there's a tendency in some Circuits to deny non-party requests for court records under the so-called Sunshine law because court records aren't considered public records subject to the Sunshine law. Or, if you do luck out and they say, "O.K.," they'll ask you for a $1000 deposit to cover staff and material costs. And, if they claim to have consumed your $1000 before the request is satisfied, you'll have to ante some more chips to keep the ball rolling.
Easier said than done.
Mate, they have to cover him. Political & legal issues that affect gaming is the very core of the site.
The man is a total tool but the problem is that a LOT of people who are uninformed hear "Lawyer" and think that he must know what he's on about. These are the same people who believe what they see on TV without thinking about it and who are deeply affected by the paranoid rants that JT specialises in.
Since you're an aussie as well, you must have seen today tonight & a current affair, it's the same kind of wilfully ignorant audience. In fact it'd be "A story no parent can afford to miss" whilst they show a picture of a baby photoshopped to be carrying an AK74.
If you don't report on this stuff, the bastards get away with it and that's too dangerous to permit.
Yeah, it's over. We're just waiting on Judge Tunis's ruling which is expected next month.
Andrew Eisen
"To imply that Jack Thompson is even given a thought by those people spending money to make games is laughable."
So what would you call T2's hiring the law firm of Blank Rome at, I'd imagine, an average cost of $500US per attorney for at least 150 hours of work, to premptively sue Mr. Thompson?
MOORE: Because his actions were outrageous…
JT: Excuse me, Your Honor, I move to strike his answer that I was outrageous. That’s not really responsive.
DT: Overruled.
JT: That’s a characterization.
DT: Overruled…
I lol'd at this.
So what would you call T2’s hiring the law firm of Blank Rome at, I’d imagine, an average cost of $500US per attorney for at least 150 hours of work, to premptively sue Mr. Thompson?
Overkill? Especially since it seems that a gorilla with dysentery could out-argue jack.
That's a good one. A really good one. I'm impressed.
Wow, Jack is a pathetic miserable man. I'll bet he knows that better than any of us.
@ JackDon'tKnowJack
Correct me if I'm wrong, but your name is supposed to be referencing Jack Thompson, right? So just what are you going to do when Jack is disbarred (notice I said when as these stories seem to make that fairly certain)? Will you continue posting on GP? If so, will you still post as JDKJ, or will you change your name to new more relevant one?
I'm mainly asking to rub salt in JT's wounds.
@ cullarn
OK, so about this drinking game? How many pages at a time? Its a pretty long transcript, so no matter what it can't be the whole thing. And as incompetent as JT is you might have to limit a game to 5 pages or so.
And even if they do agree, you might be collecting Social Security by the time you get them.
Like Judge Moore said, ". . . my staff is one lady. That’s it. She’s it. We preside over three courts in three counties . . ."
There're a lot of Circuits like that in Florida. Obviously, they aren't going to make record requests their priority.
I'm not quite sure there's any legal grounds for JT to sue GP. This was all information that was given to him through legal means that he is posting through public domain. There's no basis for anything there.
---
This whole thing... This whole mess... Is about one man who has decided that not only games, but the people who play them are evil, murdering psychopaths. That by playing games like Halo and Counter-Strike, we are taught how to kill people.
The worst part about it, is that this man is most likely *NOT* insane, as much as we all like to claim he is. He knows what he is doing, and he goes out of his way to drag these types of cases on and on and on. Just so he can file more frivolous lawsuits. These posts that GP has put up for us, is in a way, sweet, sweet retribution for all the flak that we have taken from Jack Thompson. Will he continue to harrass the gaming community when he probably gets disbarred? Most likely, so for now, all we can do is sit back, grab our beer and popcorn, and watch the show.
We've waited years for this, let us enjoy it.
I was thinking "JackDon'tKnowWhatHitHim." You like? Or too long?
It has no "blame video games" option so it wouldn't help him at all.
As for this, I won't be surprised if we see this.
Jt: Object, irrelevant.
Tuma: Overruled.
JT: I SAID objection. Clean your ears.
You can also sue someone. Question is: are there any grounds upon which you'll win? And I'm quiet sure that in the case under discussion there are none.
Correct me if I'm wrong, but isn't Moore testifying on what ways that Thompson broke Alabama Bar rules?
Also did the rule that Jack's complaining about exist in Alabama at the time, even though it didn't exist in Florida? Because that'd be the one Moore's saying he broke, not Florida's.
As a technical matter, that gets a little complicated because pro hac vice attorneys are bound by the ethic rules of both their home state and the state of pro hac vice admission.
But, more importantly, I think you may be falling in the trap that Jack's trying to set with all that mumbo-jumbo: getting lost in hyper-technicalities.