The Bar Trial of Jack Thompson (Part 6): Bully Case Judge Testifies

March 25, 2008 -

Whatever you think about Jack Thompson, there are times when he can play the media like a Stradivarius. And so it was that he managed to hold the attention of both the mainstream and gaming press for several weeks in 2006 while he sought to block the release of Rockstar’s Bully in Florida.

Thompson’s unusual suit, which charged that the T-rated Bully was a public nuisance, came before Judge Ronald Friedman on the Miami-Dade County Circuit Court. In an early-round win for Thompson, Friedman ordered Take Two to produce the game for an in-chambers viewing prior to its retail launch.

That would be Thompson’s only victory in the case, which quickly turned contentious (anyone surprised?). Thompson blasted Friedman endlessly following the judge’s ruling that he would not grant Thompson's petition to block Bully’s release. Thompson upped the ante by announcing that he would run for Friedman’s seat in 2008. We note that Thompson does not appear to be following through on that claim.

For his part, Judge Friedman wasted little time in filing a complaint against Thompson with the Florida Bar. The Friedman complaint was one of several on which the Bar opted to take Thompson to trial last November. In this multi-part series GamePolitics has been publishing excerpted transcripts from the video game-related portions of the Thompson Bar trial. Today's edition covers the direct testimony of Judge Friedman. Due to the length of Friedman's testimony, Thompson's cross examination of the judge will appear in the next installment.

( In the excerpted transcripts that follow, RF is Judge Ronald Friedman. JT is Thompson, TUMA is prosecutor Sheila Tuma and DT is Judge Dava Tunis, who is presiding over the case…)

TUMA: Can you tell us what Mr. Thompson asked you to do to make the determination of entering an injunction [to bock the release of Bully]?

RF: He wanted me to review the game and prohibit its distribution, which was scheduled a few days later, maybe a week later.

TUMA: Did you entertain his request?

RF: I did... I heard arguments from both sides. The counsel for the defendants [Take Two] did not think it was necessary to do any of this because under the First Amendment, they had a right to make the distribution.

The Bar Trial of Jack Thompson (Part 5): 2nd Take Two Attorney Testifies

March 23, 2008 -

Background for today’s testimony: Rebecca Ward was one of two Blank Rome attorneys who testified against Jack Thompson in his November, 2007 Bar trial. Ward, along with James Smith, represented Take Two Interactive and other video game industry defendants in the $600 million Strickland vs Sony lawsuit which Thompson filed in Alabama.

It was upon a motion filed by Smith and Ward that Judge James Moore, in November, 2005, revoked Thompson’s pro hac vice (visiting) right to practice law in Alabama, essentially throwing him off the Strickland case, which alleged that a 2004 triple cop killing was prompted by the 18-year-old murderer’s play of Grand Theft Auto.

(Smith and Ward filed a Bar complaint against Thompson and were called to testify at his trial.  In the excerpted transcripts, WARD is Ward. JT is Thompson, TUMA is prosecutor Sheila Tuma and DT is Judge Dava Tunis, who is presiding over the case…)

TUMA: Can you please identify that exhibit for the Court?

WARD: This is an e-mail... from Mr. Thompson, addressed to me, three other partners at my law firm, and our local counsel in Alabama, dated September 21, 2005.

TUMA: ...can you read the first sentence, please?

WARD: ..."Two of the partners in your firm, James T. Smith and Rebecca D. Ward, have decided to do a very foolish and very unethical thing... Your two partners have also presided over the decision of Rockstar to launch a website and suggest that I am a bisexual pedophile..."

TUMA: Can you tell me at any time if you have presided over the decision of Rockstar to launch a website?

WARD: No. In fact the particular website in question, I didn't even know existed until Mr. Thompson sent this e-mail.

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The Bar Trial of Jack Thompson (part 4): Take Two Attorney Testifies Against Thompson

March 21, 2008 -

Background for today's testimony: James Smith was one of two Blank Rome attorneys who testified against Jack Thompson in his November, 2007 Bar trial. Smith, along with Rebecca Ward, represented Take Two Interactive and other video game industry defendants in the $600 million Strickland vs Sony lawsuit which Thompson filed in Alabama.

It was upon a motion filed by Smith and Ward that Judge James Moore, in November, 2005 revoked Thompson's pro hac vice (visiting) right to practice law in Alabama, essentially throwing him off the Strickland case, which alleged that a 2004 triple cop killing was prompted by the 18-year-old murderer's play of Grand Theft Auto.

(Smith and Ward filed a Bar complaint against Thompson and were called to testify at his trial.  In the excerpted transcripts, SMITH is Smith. JT is Thompson, TUMA is prosecutor Sheila Tuma and DT is Judge Dava Tunis, who is presiding over the case…)

TUMA: Explain to the Court why you filed your Bar complaint in this matter against Mr. Thompson.

SMITH: [Our complaint deals] with a history of the most offensive, abusive conduct that I have ever encountered in the 25 years or so that I have been a lawyer... I continue to get e-mails. I think I got one last week from Mr. Thompson. They have the same menacing tone, the same offensive quality to them. Nothing, in my view, has stopped him and I expect that when I leave here today that he will bombard me -

JT: Your Honor -

SMITH: -and my law firm with more e-mails -

JT: Your Honor, motion to -

SMITH: -because that's what he does.

JT: Your Honor, motion to strike. That's conjecture.

DT: Overruled.

JT: Overruled?

DT: Yes, overruled. Continue.

TUMA: Can you explain to the Court what effect Mr. Thompson's conduct has had on you?

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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?

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The Bar Trial of Jack Thompson (Part 2): Judge Who Removed Thompson From Alabama GTA Case Testifies

March 19, 2008 -

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.

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The Bar Trial of Jack Thompson (Part 1): Accused of Case-Fixing, Alabama Lawyer Fires Back at Thompson

March 18, 2008 -

As previously reported by GamePolitics, Miami attorney and video game industry nemesis Jack Thompson underwent a career-threatening, nine-day trial on Florida Bar misconduct charges late last year.

As might be expected, the proceedings before Judge Dava Tunis produced no small amount of sparks. A ruling on the Bar's case against Thompson has not yet been issued by the Judge. Her decision is expected next month.

In the meantime, Thompson has filed a suit under Florida's False Claims Act against Judge Tunis as well as six justices of the Florida Supreme Court, alleging that written loyalty oaths required under state law were not properly completed, thus invalidating any rulings they might make - including, presumably, any ruling in the Thompson Bar trial. The false claims case is pending.

Although GamePolitics was unable to cover the Thompson Bar trial in person, we have obtained transcripts of the testimony provided by five prosecution witnesses, each of whom relates in some way to Thompson's ongoing crusade against violent video games. Included within the transcripts is Thompson's cross-examination of the witnesses. Some other prosecution witnesses whose testimony did not relate to video game issues were judged to be outside the scope of this GamePolitics investigative report and their testimony will not be included in these articles.

Aside from his own multiple days of testimony, Thompson presented no additional witnesses. GamePolitics does not have transcripts of Thompson's testimony, although we are working to acquire his closing argument. Thompson was offered the opportunity to comment on the Bar trial for this series, but declined to do so. He also declined GP's request to provide the text of his closing argument.

In the first installment of this multi-part series, today's edition of GamePolitics will examine the dramatic testimony of Clatus Junkin, an attorney and former judge from Fayette, Alabama. Junkin was called as the first witness against Thompson by Florida Bar prosecutor Sheila Tuma on November 26th, 2007.

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Wonderkarpsaying otherwise01/31/2015 - 6:43pm
Wonderkarpits still important information brought up on the original video. and by not saying anything, the casual observer thinks its her footage. there's no "section 107 Fair use" disclaimer. Its as if she's showing star wars and saying "look what I made" without01/31/2015 - 6:43pm
Andrew EisenIf that's true, maybe she's willing to lose her tax exempt status by merchandising. So? Also not a problem with her Kickstarter. And no, I don't have to be a rep of FemFreq to point out how nonsensical, irrelevant and untrue all this nonsense is.01/31/2015 - 6:43pm
Andrew EisenShe doesn't say it's not her footage and she never said she'd record all her own footage. So this isn't a problem. I doubt she's said anything like "no women or non white people are critics of mine." Regardless, nothing to do with her Kickstarter.01/31/2015 - 6:41pm
Wonderkarpvalet about parking info01/31/2015 - 6:41pm
Wonderkarpyour glenn beck to her republican party. you can refut all you want, but its not going to matter until femfreq comes out and disputes these claims because you are not a member of fem freq. you are a second party. I dont ask the man standing next to the01/31/2015 - 6:39pm
Wonderkarpis free gifts01/31/2015 - 6:39pm
WonderkarpListen and Believe is one of the slogans Femfreq touts on twitter. and Non profits are in danger of losing their tax exempt status by merchandising. Its a big nono. I worked at the MDA for a while and they do NOT sell merchandise. anything they do have01/31/2015 - 6:38pm
WonderkarpShe doesnt say its not her own footage. Fact. She's never acknowledged any critics who arent whitemale. Fact. they are running a business and business's update time tables. Fact. You do need to be an official rep or its just talking head.01/31/2015 - 6:36pm
Andrew EisenWho are you quoting? Who said "listening and believing"? So what if she is or eventually will make money off of this? There's evidence showing she isn't what?01/31/2015 - 6:35pm
Andrew EisenShe never said she'd capture her own footage. Fact.01/31/2015 - 6:33pm
Andrew EisenI don't need to be an official rep. Fact. No one's said there aren't critics of all genders and colors. Fact. The project is over it's original estimate. Fact. The scope greatly expanded. Fact. She never said she'd do nothing but TvW. Fact.01/31/2015 - 6:33pm
WonderkarpMy problem with that "Listening and believing" with this, Andrew, is A) She's making money off of it(Dont say she isnt. they are talking about Merchandising), and B) There's substantial evidence showing she isnt. Plenty of people are seeing through that01/31/2015 - 6:33pm
Andrew EisenTake her word for it as there's nothing to suggest she isn't playing as much of the games she needs to play in order to make the observations she makes.01/31/2015 - 6:31pm
WonderkarpYou havent disproved anything, Andrew. All youve done is given your opinion with no fact. You're just presenting a talking head.01/31/2015 - 6:30pm
Wonderkarpbut if she isnt capturing her own footage, how are we certain she's actually playing the games? The one live video, where I saw her activly participating in a game live on twitch, she was sitting there letting somebody else play.01/31/2015 - 6:28pm
Andrew EisenI just refuted them.01/31/2015 - 6:28pm
Wonderkarpmade the video if he wasnt sincere01/31/2015 - 6:26pm
Wonderkarpso how is his video disingenuous when he's presented facts that havent been refuted. Poorly constructed or not, he's still pointing out his greviences and backing them up with cites and is asking for a refund. A little tongue in cheek, but he wouldnt have01/31/2015 - 6:26pm
Andrew EisenThe scope of project greatly expanded and she continues to release new videos. She never said she was going to do nothing but work on the TvW series; she's allowed to do other things too. She never said she'd capture her own footage.01/31/2015 - 6:26pm
 

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