Judge-attorney spats hinder trial
A highlight – or lowlight – of the recently completed trial
of two Sterling Heights men convicted of terrorizing teens who
broke into one of their homes was the constant friction between circuit Judge
David Viviano and defense attorney Robert Elsey.
Elsey is a very good defense attorney, but he can be very
long winded and often meandered off the main issue during arguments.
Viviano at times tried to show the err of Elsey’s ways and
simply didn’t seem to appreciate Elsey’s methods. But Elsey wasn’t a receptive
student.
The verbal spats contributed to the trial lasting much longer
than expected.
Viviano more than once asked Elsey a yes or no question, and Elsey replied with a diatribe.
At one point, Viviano mentioned complaining to the Attorney
Grievance Commission when Elsey tried to question a witness referring to personal letters
by a witness. Elsey had failed to show them to the prosecution and was slow to
admit using them.
For his part, Elsey wasn’t happy with many of Viviano’s
legal rulings.
But in the end, their debate didn’t get
personal. At the end of one contentious day, Elsey told Viviano (not
sarcastically), “Have a good day.”
“You, too,” Viviano replied.
Maybe you can add “the courtroom” to the adage, “All is
fair in love and war.”
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