The Bar Trial of Jack Thompson (Part 3): Thompson Cross-Examines Judge Who Kicked Him Off GTA Cop Killer Case

March 20, 2008 -

GP: This article contains lengthy excerpts from controversial attorney Jack Thompson's cross-examination of Alabama Circuit Court Judge James Moore. That being the case, I'm going to dispense with an intro and assume you've got the back story already. If not, you'll want to check out part 1 and part 2 before you tackle this section...

(We pick up as Florida Bar prosecutor Sheila Tuma has completed her direct questioning of Judge James Moore. Thompson begins his cross-examination. 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...)

JT: Judge Moore, did you bring a libel action against me?

MOORE: No.

JT: Why not?

MOORE: Well -

TUMA: Objection to relevancy.

DT: Overruled.

MOORE: Why not?

JT: Yes.

MOORE: Mr. Thompson, I want to have the least amount of contact with you I can have. I don't know how to put it any other way than that. I don't want to see you...

(Thompson turns to the issue of whether he violated Judge Moore's order by sending out press releases about the Alabama "GTA killer" case...)

JT: You say that you entered an order that prevented me from communicating about this particular case. Did you say that?



MOORE: Yes....

JT: Well, we had a hearing in June of 2005 at which we discussed what we'd be able to do going up to the criminal trial and then after. Right?

MOORE: That's correct...

JT: Do you recall saying, "After the criminal case is over, have at it"?

MOORE: I said that... I meant to get in and litigate that case and represent your clients within the rules of the Bar.

JT: Judge, we were talking about communications with the media and you said after the criminal trial, I could have it or we could have at it. Isn't that right?

MOORE: If you're saying that I said you could violate the rules and contact the media, that is not what I said...

JT: Okay, what order did you enter that said I couldn't talk to the media after the criminal case?...

MOORE: I didn't enter an order... It wasn't necessary. If you follow the Bar rules, you don't have to have an order...

(this discussion continues at length, with numerous objections from the Bar prosecutor)

JT: What did I do then, Judge, that violated that rule? You come to Miami. You put your name on a complaint [against me] -

TUMA: Objection, Your Honor... asked and answered.

DT: Overruled.

JT: You file a Bar complaint with Alabama and with the Florida Bar and you said I violated an Alabama Bar rule as to my extra-judicial comments. What did I do?

MOORE: (After examining document) On July 25th, 2005 and August 3rd, 2005, public written statement referred to in a "60 Minutes" appearance in the story on the triple homicide saying, "It has a huge significance for our case in Alabama." Also, when you took my deposition, you discussed a situation where you had been on Court TV during that time... You shouldn't have done it.

(Thompson turns to Judge Moore's relationship with Alabama attorney Clatus Junkin)

JT: Let's talk about Clatus Junkin... Have you ever heard from anybody that Clatus Junkin suggested that he had a special relationship with you...?

MOORE: Other than a conversation I had with Chris McCool, the District Attorney? No.

JT: And what did Mr. McCool tell you? Why don't you tell the Court who Mr. McCool is?

MOORE: Mr. McCool is the District Attorney for our circuit and he called me... He said he had had a conversation with you and that there had been some statement to you to him about that Mr. Junkin could influence me in cases before me - and I guess specifically for this case...

JT: Okay. Did you ever talk to (Thompson's former co-counsel) Ray Reiser, who was on this conversation with me, as to whether or not he heard Clatus Junkin say this?

MOORE: Twice.

JT: Really... And what did Mr. Reiser say?

MOORE: Mr. Reiser said that Mr. Junkin did not make those statements. He told me that on two occasions...

(there then ensued a lengthy round of objections and argument, followed by:)

JT: I want to ask [Judge Moore] about why he didn't talk to me about Clatus Junkin...

MOORE: I did not because with the allegations being made, what I did was contact the Bar Association and the Judicial Inquiry Commission and referred the matter to them.

JT: You also filed a Bar complaint against me about this. Right? ...

MOORE: That's all part of it, yes...

(eventually, Thompson moves from the Clatus Junkin line of questioning, but gets into a bit of a dust-up with Judge Tunis over an exhibit...)

JT: Let the record reflect the Judge is angry now, as she often is, and I'm simply trying to get to a particular letter, the number of which I didn't have in the Bar's exhibit list...

(after some discussion around Thompson's pro hac vice (visiting) admission to the Alabama Bar and Judge Moore revocation thereof, we get to...)

JT: ...You entered an order, though, saying that I couldn't communicate with you any further.

MOORE: Directly to me or through my fax machine...

JT: Okay, and what was the annoyance that you had with that?

MOORE: Just fax after fax after fax after fax after fax after fax.

JT: Do you ever get communications by fax from other lawyers?

MOORE: Occasionally...

JT: What's the cut-off on how many faxes?

MOORE: Oh, I don't know. You reached it, whatever it is.

JT: Anybody else ever reach it?

MOORE: No... Not close... You ruined my fax machine.

JT: I ruined your fax machine?

MOORE: It quit.

JT: Did it.

MOORE: Yes.

JT: What kind was it?

MOORE: I don't know. A cheap one.

TUMA: Objection.

MOORE: I'm sorry, Judge.

JT: Did you get a new one?

MOORE: Yes.

TUMA: Objection, Your Honor.

JT: He said it ruined his fax machine. Did you get a new one?

TUMA: Objection, Your Honor.

MOORE: I'm sorry. I'm sorry.

DT: Next question.

JT: Why can't I ask that?

DT: Because it's irrelevant to the complaint whether or not the Judge in Alabama bought a new fax machine.

JT: Just so the record is clear, it's highly relevant because this Judge is annoyed with someone who sent him too many faxes and is claiming that I ruined his fax machine.

DT: Do you have another question...?

JT: I've got lots of questions.

(what followed was discussion of Thompson's pro hac vice status and some other aspects of the case... Following a November, 2005 motion by video game industry lawyers to revoke Thompson's pro hac vice, Thompson tried to withdraw on Nov. 7th. But Judge Moore refused to let him, and revoked his pro hac vice on Nov. 18th)

JT: So you wanted to make sure it was a revocation and not a withdrawal.

MOORE: Yes. Based on the evidence before the Court, the Court had determined that you could not comport yourself to the rules and I revoked your pro hac vice.

(After a time, the discussion wanders back to... the fax machine)

MOORE: ...The problem is you were sending just bundles of [documents]... these long speeches and letters to other people that I had no idea what the letters were about... about Katrina money and these lawyers down here in Miami and all this...

JT: And I broke your fax.

MOORE: Yes.

TUMA: Objection.

MOORE: My secretary said be sure and tell you that.

JT: I'll buy you one.

MOORE: I don't want you to buy me one. I bought one...

DT: Sustained. Next question...

JT: Why didn't you hold me in contempt?

MOORE: ...Because I knew if I communicated with you based on my past experience with you, it would just get worse...

JT: This Judge thinks that he can revoke the Petition Clause of the Constitution and tell a citizen he can't communicate with a Judge... Is it constitutional to enter an order to prevent a citizen from communicating with a judge?

MOORE: ...Under some circumstances, of course... I have never done this with any other litigant or person even from prison that I get letter after letter after letter about because they weren't as disruptive and as numerous as the ones you sent... I think a Judge can take proper steps under the circumstance to limit contact...

(next came some additional discussion of Clatus Junkin as well as Thompson's probing as to why Judge Moore filed the Bar complaint and what Moore's expectations were about the complaint...)

JT: You're annoyed with me, aren't you?

MOORE: I'm not really annoyed. I mean, I don't know if that's the word.

JT: What's the word?

MOORE: The word is, you can't comport yourself - I base what everybody else does on what the rules say this is what lawyers are supposed to do: civility, professionalism. That's what I go on. In my opinion based on the evidence, you violated those rules. It's just as simple as that.

JT: I'm not cordial. Is that it?

MOORE: When you tell a female lawyer that her mother would be ashamed of what she was doing and when you call them liars in Court and when you call me corrupt and put that out there to everybody in the world without any factual basis to it at all?

JT: Let me correct you, Judge. I said to [Take Two attorney] Jim Smith that his mother should be embarrassed by his representing these people who are selling pornography to children... do you think their parents would be proud of what they do?

TUMA: Objection to the relevancy.

DT: Sustained.

JT: Now, hold on. Hold on.

DT: Don't tell me to hold on. I'm making a legal ruling. Go to the next question.

(Thompson and Judge Tunis spar over the objection, leading to...)

JT: Judge... What am I missing here, guys?

DT: Don't do that. That is so inappropriate.

JT: What is inappropriate?

DT: For you to turn to the gallery and speak to two lawyers that are 50 feet away and ask them and turn your back to me... I don't treat you that way. I don't turn around in my chair and talk to other people. I'm speaking to you, sir...

(back onto questioning Judge Moore...)

JT: Do you think that what this company does - Take Two - is something the people who work there should be proud of?

TUMA: Objection to the relevancy.

DT: Sustained. It's irrelevant. That is not the issue in this case.

JT: Have you made a decision, Judge, on whether or not these video games had anything to do with the death of these three cops?

TUMA: Objection to the relevancy.

DT: Sustained. You don't need to answer that question, sir...

(ensuing next was a discussion of Devin Moore's criminal trial and how a Thompson appearance on the Nancy Grace program might have impacted the trial... Due to time constraints, Judge Moore's cross-examination was continued until the following day, Nov. 27th, 2007. We pick up at the following point:)

JT: There is one reference to my appearance on "60 Minutes." I'll read it to you: "...a mole within Rockstar called me... and told me about this game (Bully) which he said would be the equivalent of Grand Theft Auto: Vice City in a school setting in which kids can rehearse bludgeoning their fellow students and teachers." So you object to my reference to that? ...That could have adversely affected the jury in the [Devin Moore criminal trial]?

MOORE: The Court had to consider everything in context.

JT: I'm asking you to consider it in context.

MOORE: Then the answer is yes...

JT: Okay, Judge. How about this context; that we're living in a country where kids are buying extremely violent video games and they pose a public safety hazard and that I feel I've got an obligation as a citizen to warn people about that? ...What is there in this news release that refers to the [Devin Moore murder] case that you were understanably protective about?

MOORE: You did not specifically refer to it, but the lawyer that is involved in the case in Fayette, Alabama... where there's also a capital murder case is sending this out, video games - it's all to be considered by the public as one thing. They see your face and there's the association.

(next there is a discussion of a video game alert sent out by Thompson in July, 2005...)

JT: I sent that to the ESRB, Judge... this wasn't to the media, was it? ...the embedding of sex in this game isn't relevant to what was going on in Fayette, Alabama regarding the death of three police officers... this somehow could have compromised the case - the trial - in Fayette?...

MOORE: Could have. Why take the chance? That was -

JT: Well, you know, Judge, why take the chance with kids buying - since you asked the question - video games with embedded sexual content?

TUMA: Objection to relevancy.

DT: Sustained.

JT: He's the one who raised it.

DT: He raised it under the guise of why take the chance of polluting a town of 5,000 people that had to produce a fair and impartial jury in a capital case... Let's stay on point.

JT: I'm on point, Judge. How about polluting millions of kids who buy this game?

TUMA: Objection, Your Honor.

DT: But that's not the issue before this Court...

JT: Can you comprehend, Judge... a concern I might have beyond supposedly making money in Fayette, Alabama regarding the deaths of three police officers, that I might have a concern about this that has extended back to Paducah, Kentucky when three girls were killed there in 1997...

TUMA: Objection...

JT: Can you comprehend that I have a right to write to the head of the ESRB... that I might have a concern about this as a father of a 15-year-old who lives in this culture, swims in it, with other kids? Can you comprehend I have something beyond the concerns of your case?

TUMA: Objection, Your Honor...

DT: Sustained.

(after some discussing of jury sequestration and sentencing in the Devin Moore case, Thompson, making a joke about the volume of documents in the case, says...)

JT: I went to law school with Al Gore and I'm sure he's upset I killed a couple of forests in this case.

(Thompson also complained about a parody website created by Take Two, part of which lampooned him... and got into a discussion about a female attorney who represented Take Two in the Alabama case)

MOORE: I remeber testifying about the issue of civility between lawyers and that you had made statements... I can't remember her name...

JT: Rebecca Ward.

MOORE: Miss Ward... that she should be ashamed as a woman for doing what she was doing... and I believe that... violates the rules of civility that lawyers should have in my court. 

JT: Okay,and why do you feel that way?

MOORE: Because that's what the law and the rule is... That you're to be civil to one another.

(Thompson then talked about speaking about video games to the National Organization for Women and quoted from Colin Powell on morality. The cross-examination wrapped up with yet another discussion of Clatus Junkin...)

 

 

 


Comments

Thompson seemed relatively sane at first, it's almost surprising how fast that degenerated.

I'd also really like to see the missing portions, is there anywhere we can download the complete transcript?

@JT

You know, maybe you should start doing the opposite of what the voices in your head are telling you.

You know, back before GP started posting these transcripts I really thought the Florida Bar would simply suspend Mr. Thompson's license. I figured they would give him a 91 day suspension and maybe (if we were lucky) make him re-sit the Florida Bar Examination. However, thanks to these transcripts, I'm starting to be hopeful of an actual disbarment.

Way to prove that I've been giving you too much credit Mr. Thompson.

Judge:Don't you ask him 'bout that fax machine again!
Jack:..........faxmachine.
Judge:AAARRRGH!
Jack:I'll sue this whole court for that "aaarrrgh"!
Judge:(Looks at Moore)
Moore:Toldja.
Jack:HOOOAH!

This is awesome! Excellent work Dennis!

Nick Sparks Says:

"He could claim ink cartridges off Thompson for the fax machine lol"

That would have been most precious.

The faxes you sent ended up costing us hundreds of dollars in ink alone! Add paper and wear and tear on the fax machine as well....

Wow, just wow. As someone who has seen more than a fair share of British Civil Court actions, the mind just boggles at the US system.

Jack Thompson:

Asshole...

Videogame hater...

Attention Whore...

Lyer...

Massacre Chaser...

Fax Killer... xD

Moral of the Story:

If you're expecting Jack to correspond with you via facsimile, quickly trade in the old flimsy, light-weight model for a new super-heavy-weight-heavy-duty-fax-after-fax-after-fax model. And stock up on ink while you're there.

i concur, Dennis.

if we could please, could we know where to acquire the full document?

"And drive them into the grave that they've been so happily digging." (Lord Hood in Halo 3.)

Seems to fit. JT is only digging himself deeper and deeper into the charred remains of his career.

@jds

Now that you mention it, yes, I do.

"Can you comprehend, Judge… a concern I might have beyond supposedly making money in Fayette"
Nope, I can't comprehend that with all the evidence you have provided us over the years.

But I do comprehend his need to spin things and do damage control.... He already has the massacre chaser bit attached to his name, the last thing he needs is a second one along the lines of Jack "fax machine killer" Thompson(Feel free to improve it)!

@ Pixelantes Anonymous
"He’s on trial for his career, and he goes out of his way to piss of the judge that’s to decide on the case."
Ever since his first fight with the bar, he has learned that if he ticks people off it invalidates whatever they rule.

That explains his tactics, especially the Bully case.

I can see it now...

"Our new machine comes with a sleek new look, and is now Jack Thompson proof!"

@Lanodantheon

Hah, love it. Add "Harassment of the Gamer Population" to the charges!

@GP --

When you wrap all of this coverage up, do you think you could post the links to the full filings for all of the source documents? I'd really love to hear more about that fax machine! =)


JT: Did you get a new one?

MOORE: Yes.

TUMA: Objection, Your Honor.

JT: He said it ruined his fax machine. Did you get a new one?

TUMA: Objection, Your Honor.

MOORE: I’m sorry. I’m sorry.

DT: Next question.

JT: Why can’t I ask that?

DT: Because it’s irrelevant to the complaint whether or not the Judge in Alabama bought a new fax machine.

JT: Just so the record is clear, it’s highly relevant because this Judge is annoyed with someone who sent him too many faxes and is claiming that I ruined his fax machine.


HAHAHA, oh man!!! Jack's livelihood is on the line and he wants a serious cross examination over a fax machine?!

When will we see "Jack 'Fax Killah' Thompson" on letterheads?

Didn't we all know before now that Jack never lets the fax get in the way of his arguments?

Also, poor TUMA. Can't we get him/her an Objection buzzer?

Holy hell, I never thought things like this can be so funny. I might actually miss Jack, for the pure fact that he supplies me with so much lulz.

I was just cracking up throughout the entire thing, especially the fax machine part. Man, I'd kill to read the entire thing on this case.

Way to go Jackie-Boy. You've managed to screw yourself over so bad. How much of a tard must you be to spread your "vidja gaems are teh evils!1" bullshit during a case WHERE YOU ARE TRYING TO DEFEND YOURSELF. Shit, the only thing he did was show the court the exact reasons why he should
be disbarred. Because, we all know disrespecting the Judge like that is a good way to go. Honesty, I'm merely an 18-year-old High School student, with no knowledge of law, and I believe I can make a better lawyer than you.

I was seriously ticked off that he has the gall to begin his game-industry ranting during this case.

Jack seriously fails at being a lawyer. I really feel sorry for his wife and kids. I really, really do.

Speaking of his son... Good job on that bullshitting there, Jack...

"Can you comprehend that I have a right to write to the head of the ESRB… that I might have a concern about this as a father of a 15-year-old who lives in this culture, swims in it, with other kids? Can you comprehend I have something beyond the concerns of your case?"

HAH!

1. If he is "swimming in this filth" then you obviously fail as a parent. Why should the government step in to do YOUR job? Asshat...

2. I do recall a certain white-haired, nutjob lawyer who has done some "sting" operations with said child, getting him to buy M-Rated games in an attempt to show the "evils of the game industry"

Honestly, Jack, keep the whole "Lawyer" thing to your wife, really.

He sounds like a kid whining to his parents about some point he wants to be right about even though that is not the conversation they are having.

@SithLibrarian

Tuma's a chick.

Jack should play a fuckin' Batman villain. "The Rambling Nutjob!"

I understand that Dennis can't type in the entire document but my concern is he may be editorising and giving an incomplete picture. Its possible that certain portions of text are being left out to further lampoon Jack (as if he requires further assistance in that regard.) Dennis has admitted to including a rambling discussion for the purpose of comic relief.

GP: I'm exploring ways to post the transcripts in toto... Until then, you'll have to bear with the selected excerpts. I think the comic relief in the fax exchange was certainly part of the value of that particular transcript. And, moreover, I think Thompson sensed it too...

@ JDKJ
ROTFL!

Darn it, glad I already finished eating before reading that pun!

Oh, look at that, being a crazy asshole made Thompson kill a fax machine, let's ban crazy assholes!

@Motive Alert

Appreciate your concerns, so I'm asking once. If you don't like how Dennis does things, then leave.

@Dennis

Got your back, brother. (In Gamer Society VS Thompson we gamers are all brothers and sisters)

I'd like to see a T-Shirt with "Jack Thompson Ruined My Fax" on it.

* I almost made a typo that would have read: "Jack Thompson Ruined My Pax" But the good folks at Penny Arcade would never let that happen.

Jack Thompson: Faxilante

@ GRIZZAM 512

You're forgetting that he basically thinks he's the bastard child of Batman and Jesus.

He HAS compared himself to both of them numerous times...

@motive alert

my guess is the more damaging parts have been left out actually
(the bar rarely lets other in on discplinary hearings)

@DavCube

OH YEAH! Didn't he pass out licenses with batman pasted over his face or somethinng like that?

@Davcube:

Well he's half right about that... (moreso the 'bastard' part than the Jesus/Batman part.)

Also:

DT: Don’t do that. That is so inappropriate.

JT: What is inappropriate?

DT: For you to turn to the gallery and speak to two lawyers that are 50 feet away and ask them and turn your back to me… I don’t treat you that way. I don’t turn around in my chair and talk to other people. I’m speaking to you, sir…

Florida: Where it's so easy to become a lawyer, even a caveman can do it.

@GP:

The whole journalism thing ain't my schtick (much of the little I know on the subject, I gained from reading Spiderman comics), so lemme ask you: Aren't editors supposed to editorialize? Or do they just run around the office shouting, "Stop the presses!!"

GP: are you asking me to offer my opinion of these transcripts? I think they speak for themselves.

@ Grizzam

Something like that, yeah. Though i believe they were something a bit more legal-oriented, not lisences, but whatever.

And on my past comment, i should have added this: "And that WOULD explain the gay porn..."

Wow. Just... wow. We knew how immature and disrespectful Jacko could be toward, y'know, *us*. But to see him act like that in a court of law... it just boggles the mind.

Good thing for him, though, that he's not trying that crap in a situation where his entire legal career (such as it is) hangs in the balance.

...oh, wait.

I don't know how people can stand to be in the room with the guy. Also I wonder if every judge that gets a case with JT listed in it goes "Oh no."

The way things are going for JT made me think of something. Seeing as how his life now is in a downward spiral.

I think that after his Disbarment and him being banned from the Florida Supreme Court is going to force him to get a grip on the reality of the situation. Once he finds out that no one wants to deal with him or his "Crusade", he is going to go apesh@t and possibly could physically harm so one, and would blame it on Rockstar/Take Two, Florida Bar, and Florida Supreme Court.

It just crossed my mind. Tell me what you all think.

Keep em coming GP! I'm loving it!

I should be taping this....

@GP:

No. I'm trying to better understand Motive Alert!'s concern that you may be editorising. I had always thought that was what y'all do -- but like I said, I dunno too much about what y'all do.

GP: No, I'm not editorializing with the transcripts - just trying to pick out the most interesting and relevant parts...

Wow....just wow

The prime example of career suicide. You piss off a judge that yanked your right to pratice law in Alabama, and now you piss off the judge that could very easily yank your right to pratice law ANYWHERE.

JT, you're sinking fast kid

You can say a lot about JT, but he sticks to his convictions, going on a games rant while defending his livelyhood must take some guts (or severe lack of self-preservation. Probably the latter actually)
But as many have already said, he is essentially digging the grave for his carreer. No judge would allow this man to continue to practice his craft, because that would essentially undermine confindence in the entire judicial system of the US.


@GP: Thank you for taking the time and effort to summarise and provide an excerpt of the hearings of JT, this is something that may affect all gamers afteral.

What a bloody fruit loop. Jack Thompson thinks he's king of the world or some nonsense.

Maybe he'll wake up to the reality the rest of us are living in once he finds out he's no longer allowed to practice this bullshit he calls 'law'.

Dennis,

This one probably should have been saved for last. It might be hard to top the entertainment value of "Jack Thompson: Destroyer of Fax Machines!"

I always thought of JT as THE pain in the ass of the videogames industry, but I never knew the depth of idiocy and obnoxiousness he's mastered.

OMG--I'm suprised the judge did just yell out "Does Wayne Brady hafta choke
a bitch!" and pimp slap his ass.

Talking down to the judge, trying to decide when an objection is or isn't sustained....

who does he think he is, Manfred Von Karma?

I don’t know why people think when he’s disbarred that he’ll try and go and injure someone else. While I don’t doubt that being disbarred will trigger a psychotic break, I think it’s more consistent with his personality that he will attempt to spectacularly martyr himself and commit a public suicide in the same way that R. Budd Dwyer did.

@Black Manta: Jack douses himself in gasoline, sets himself on fire, and runs screaming, "THE GAMES MADE ME DO IT!" while holding a copy of GTA outside of the courthouse. That's totally how it would happen.

@kurisu7885: YES. He is *totally* Von Karma. Let's pray that there is no Franziska to take his place.

This is a man who is committing career suicide. Thompson needs to smarten up fast.
 
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SleakerDo you think the female community would get extremely angry over a male doing a case study on the negative impact of sex-novels and their unrealistic depiction of males and how widespread they are in american culture?08/29/2014 - 12:25pm
SleakerThe other thing that people might find problematic is that they see no problem with sexual representations of females (or males) in games. And realistically, why is there anything wrong with sexual representations in fiction?08/29/2014 - 12:24pm
SleakerTo even discuss or bring up these issues at a cultural level to begin with. Going straight for games to many probably feels like a huge overstepping given that it's interactive story in many cases, and when you're telling a story why can't you use tropes.08/29/2014 - 12:21pm
SleakerI think a large part of the controversy stems from the idea that games aren't culture setters, but culture reactors, and simply depict what is already in culture. So people don't care that games use tropes or are blind to them because we've failed ...08/29/2014 - 12:20pm
 

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