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?


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.


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?


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.


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...)





I count six objections to relevancy in that. Wow. Makes me wonder how many weren't excerpted.

Man, what a hoot! I would like to know, Dennis, about one thing in the parts that were cut out.

I noticed that Tuma usually addressed the Judge as "your Honor" while Jack addressed the Judge as "Judge".

I'm curious about the difference in how the lawyers are acting in court.

When Sheila Tuma objected, and it was overruled, did she argue with the Judge about it? Or when Jack's objections were sustained?


I'm still laughing. Jack Thompson killed a fax machine!!!

Just fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax after fax.


Exploding Fax Machine!

Seriously though, I am right in thinking that Jack was trying to angle the examination to make it sound like the complaint was only filed because he broke Judge Moores'' fax machine?


GP, please keep these JT posts coming.


GTA Made him do it ;)

"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."

Beautiful. Simple as.

Oh, and i love how in all these transcripts you can sense everybody getting increasingly annoyed with Jacky boy.

"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?"

Can YOU comprehend, Mr. Thompson, that you just blatently admitted in a court of law that you're a crappy parent that helped put him INTO that 'culture'? CAN YOU?

Sounds like Judge Moore's assistant's still a little salty that Jack killed her fax machince.

The fax machine was definitely the most entertaining. Trying to turn this into a case of "well you should have bought a better machine", as opposed to "he flooded us with documents, as evidenced by the fact that he broke our fax machine from all the faxes he sent..."
-- If your wiimote goes snicker-snack, check your wrist-strap...


I lol'd when jack said he would buy Judge Moore another fax machine

silly man...he had to get on his soapbox about the horrors of video games mid-examination...i wonder if he realized fox news wasn't there filming him at the moment...

The whole trying to turn this into a case about the industry, well, that was just sad.

As is his current request to find out what "valuable" time he's been wasting, so he can be the judge as to whether it was valuable or not...
-- If your wiimote goes snicker-snack, check your wrist-strap...

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


Oh my God, did Jack actually argue with a judge over sustaining an objection? Who on earth could be so deluded as to think that was a good idea? How could *anyoune* be so stuid as to say 'Now hold on there" after an objection's been sustained? >.


"Seriously though, I am right in thinking that Jack was trying to angle the examination to make it sound like the complaint was only filed because he broke Judge Moores'’ fax machine?"

Sounds like it. JT sounded pretty obsessed with trying to show that Moore was only pissy at him over the fax machine, not over all the huge volumes of nasty submissions, and the huge volume of nasty things he said about Moore...

Nope, Moore was just pissy that his cheap fax machine broke...
-- If your wiimote goes snicker-snack, check your wrist-strap...

I believe we should have a moment for Judge Moore's fax machine.

The poor thing never had a chance against the inane filings of JT.

I swear, this is just ripe for spoofing, hell you wouldn't even need to change any of the dialog.

But still, he clearly has all of them where he wants them, I'm sure part four will include him going for the kill and emerging victorious!

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 . . . .

There's a pattern emerging. First Judge Junkin, now Judge Moore. Gee, I wonder what Judge Friedman's views on the matter are?

I reiterate my opinion that John should get mental help. His actions are not those of a mentally healthy person.

I should have said, going in for the kill, fax machine style.

Today just isn't my day...

"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…"

What an ass.

"There’s a pattern emerging. First Judge Junkin, now Judge Moore. Gee, I wonder what Judge Friedman’s views on the matter are?"

Considering the crap Judge Friedman had to go through during that contempt hearing. Yeah, I'm pretty sure he decided to go the complaint route too, just to cut down on the amount of time he'd have to spend in Thompson's presence... Let JT yell at someone else...
-- If your wiimote goes snicker-snack, check your wrist-strap...

*rolls eyes* Geez, JT, here's a shovel. Start digging now. We'll let you know when to stop. Seriously, if you plead insanity now, maybe you'll come out still in one piece in this trial.

I'm gonna UPS eleven-foot poles to Junkin, Moore, Friedman, Tuma, Davis, et al., in case they ever have to touch Jack Thompson.

I'm concerned about my 15 year old son! Then don't let your kid play the games asshole! Leave everyone else out of it! Also, 15? He's 15 and he's still all fragile and shit? Damn dude, maybe you should cut the cord.

He's CRAZY! He yells at mice with his shirt off and craps down his chimney!

Keep up the good work, boss man. This is likely the best series of stories I've read on this page, if for no other reason than comedy value.

No, Seriously. This is good stuff. Good work.

Man I m surprised that Jack Thompson is still a lawyer. If he had any real cases or done any real trials he would have failed miserably.

From my experience, trials are theater kind of like a cross between impromptu and rehearsed, each lawyer comes in with "script" or try to direct to follow their plan while carefully planning for what the opposing lawyer. The judge usually has the final say and tries to keep the court moving, kind of like a director. But Jack Thompson just seems to fail. The whole issue about the fax machine and his rant on video games doesnt help his cause. If he wanted to bring it up he should have already planned a strategy out that would give context rather than rant. But as we all know he is a failure as a lawyer.

I wonder if that broken fax machine is the same reason to why the Florida Court sanctioned Jack Thompson? I wonder if that can be used as evidence in ongoing trial? I would push the judge to use the evidence as part of the chain of evidence of Jack Thompson unprofessional behavior.

I wonder if the judge can order Jack Thompson to stop appearing on TV as a "school shooting expert" due to his unprofessional conduct and propensity for lying or making false statement.

I commend Judge Tunis for not throwing her gavel at him. I am pretty dumbfounded that he's conducting himself this way. We've seen him put on his "game face" on television, when he needs to at least appear civilized. I can't understand why he wouldn't do the same in court, fighting for his license.

I'm a lot less worried now, though.

Can Jack ever get through 50 words without 4 of them being "Ed Bradley" and "60 Minutes?"


You should win an award for this!

god why are you doing this to me! i want the whole thing! the suspense of this eyedropper technique is killing me!

anyways so we have Mr. McCool, who's next? deputy McLoving?

McLoving WHY!?!?!?!?!?!?!?!?!?

I was expecting him to tell the judge we're in the matrix at this point.

There is a direct connection between the Florida Bar and the poor fax machine and that is the abuse that Thompson puts on it from the pure volume of material sent. The best guess is that the Supreme court knew this and didn't want to lead the bar into the conclusion that Thompson isn't a good lawyer and wanted to wait til they came out with their ruling before issuing theirs. Thompson forced them to reconsider. Of course at this point in time it doesn't matter as the Bar has already made the decision in all likelihood and is just sealing the deal with the proper amount of due diligence.

@ Maratanos

Dude. He freaking used his son in 'stings' buying Bioshock and Halo 3 at Target and Best Buy, respectively, while admitting that he was right there at the time of purchase, and tried to put blame on those retailers. Even though they weren't really 'stings' because, in order to execute one, you have to be, you know, a police officer. Not a lawyer. He SHOULD have known that, since he IS a lawyer, and we're not. Hooah.

No, i'm NOT kidding. Look it up in the search function here.

Now do ya'll see why Judge Tunis ain't in no rush to send her Report to the Supremes? She had more than her fill of Jack and knows that as soon as she does, she'll have another hearty serving on Jack piled on her plate. She's savouring the lull between courses.

We need to buy this guy an Objection button with how many times he was shouting it. Maybe have Phoenix Wright's voice boom through the court room when it is pressed. OBJECTION!


Wanna bet that (if by some crazy miracle) should JT retain his license, the next complainant will be Judge Tunis? ;)

After all, there is a pattern here.
-- If your wiimote goes snicker-snack, check your wrist-strap...

Oh yeah, he has a kid. He used his kid a few times in "sting operations" where he'd send his kid into a Target or Best Buy and see if he was able to buy a game like GTA.

He probably has a bunch of copies of GTA at home from these "sting operations".

He probably LOVES GTA. Plays it nightly. That wouldn't shock me one bit. He's already proven some pretty significant hypocrisy in the past, I bet you he shuts himself into his den late at night, locks the door, puts on the headphones so the wife and kid can't hear, then tries to see how long he can live with a 5-star rating in GTA3 (which, by the way, was always a fun thing to do when you got bored in that game).

Bar Counsel needs to brush up on the ol' "calls for hearsay" objection.

Fax machine spews out the last of hundreds pages of recent submissions, each with their own cover letter. All from JT. Most having nothing to do with the case at hand, JT is just fax-spamming press releases...

*fax machine dies*

*Judge adopts Capt. Kirk pose*

-- If your wiimote goes snicker-snack, check your wrist-strap...

Of coarse he's crazy no sane man would feel that he will emerge victorious when he's dug his own grave.

What ever happened to his deposition of the president? JT swore up and down that he would get George W. on the stand.

This is classic! Has anyone else noticed that Thompson doesn't seem to be actually arguing his case? The majority of his examination is drawing out information that makes him look bad, it's like he's trying to help the prosecution. Anyone else starting to really like Moore and Tunis. Moore because he's classy and Tunis for not going off the deep end at JT. He's being a total douche, maybe his plan is to have Tunis attack him and then say "See, your biased against my perfect rationality"

The more he talks, the more he digs his own career grave.

I probably would have held him in contempt by about halfway through his, "But I'm right and you're wrong judge, stop questioning my baseless accusations!" spiel.

wow. this is amazing. Jacko's questioning is more random than I could have ever imagined.

When reading the exchanges between Jack and Judge Tunis, it should be understood that, by all reports, she's generally as patient as Job with litigants who appear before her. Jack lucked-out when Chief Judge Farina pulled her name. If Judge Friedman's name could have gone in the hat and Jack crapped-out and got him and pulled that kinda insolence in his courtroom, Jack would have gotten an insider view of Dade County Jail.
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