Witness intimidation at a remote court hearing
March 9, 2021 10:01 AM   Subscribe

Drama unfolds during a preliminary domestic violence hearing conducted over Zoom, when a perceptive lawyer notices her client may be in the same room as the perpetrator. It seems the judge had anticipated this and had police ready to intervene.
posted by adept256 (38 comments total) 42 users marked this as a favorite
 
You can see the lawyer realize that something's not right starting around the 7:00 minute mark. And the result begins around 13:15ish.

I saw this yesterday and it chilled me. This is one downside to being remote...the person on the other end of the call might be compromised or in any kind of danger. It's a good thing the judge had police waiting nearby...and YAY for the sharp lawyer.
posted by Gray Duck at 10:11 AM on March 9, 2021 [11 favorites]


This is incredible. OP, can you please post some supplementary information about the case and aftermath?
posted by splitpeasoup at 10:19 AM on March 9, 2021 [1 favorite]


Local news story from Sturgis, MI on the case provides a little more context and a very brief update.
posted by inflatablekiwi at 10:29 AM on March 9, 2021 [8 favorites]


This kind of thing (remote meeting participants becoming involuntary witnesses/participants in traumatic incidents) has been a massive and unexpected issue for the people I know who are teaching remotely right now. My father is a lecturer and has had to have extended discussions with staff on how to handle, for instance, one of his students being abused on camera, or other students accidentally witnessing something inappropriate. It's part of the reason why they can't force students to use a camera or a mic.

A friend of mine was recently in a Zoom workshop as a facilitator and one of her students was the victim of a domestic violence incident right there on camera in front of everyone. She and the co-facilitator called the police, who showed up and arrested the student's partner (again, still on camera). They asked the other students if they wanted to continue and they voted to do so, but my friend was traumatised by it for weeks and had trouble sleeping.

The sudden pipeline we've been given directly into people's homes has a steep cost. In some ways, I suppose it's good that these incidents are being witnessed when they might have gone unnoticed, but I wonder how many cases of witness-related PTSD will crop up when this is all over.
posted by fight or flight at 10:35 AM on March 9, 2021 [53 favorites]


Is it on YouTube because hearings are public? Is the idea that facing each other in a court is not intimidating but being together at a location is intimidating? Pretty messy.
posted by amanda at 10:37 AM on March 9, 2021 [1 favorite]


amanda, that seems like a not-very-messy distinction to me. In court, the odds that an abusive boyfriend is just going to straight up shoot you for your testimony are pretty low.
posted by sagc at 10:41 AM on March 9, 2021 [15 favorites]


Its unfortunate, but fairly common in these types of situations for the victim to still be involved with the accused. While yes, testifying in court in front of someone is intimidating, that is a massive difference than doing it via Zoom when they have you alone the second you all get off the call.

We cannot force victims to stop dating their abusers, but we can try to protect them as much as we can... thank god the police were ready to go here. I suspect that prosecutor has seen a lot of this kind of thing in the past year, which is why she was so on the ball.
posted by dazedandconfused at 10:45 AM on March 9, 2021 [14 favorites]


I did an internship at a women's shelter in college, and this is utterly unsurprising. One of the things I helped with was advocating for women in court cases against their abusers, and more often than not, the abuser and victim arrived at the courthouse together and left together afterwards. We also did counseling sessions with women who had not yet left their situations and one client had her boyfriend drive her to the session, which took place at the same undisclosed location as the shelter, so had she decided to leave, we were unable to house her at that shelter because her abuser now knew where it was.

I spent 5 months in this internship and it was extremely difficult mentally to see the women we'd advocated for later around the small town with their abusers, having never left despite all the resources we'd provided both legally and otherwise.
posted by Fuego at 10:48 AM on March 9, 2021 [19 favorites]


I find it interesting that that woman had to give her address and that was not beeped out or whatever. This is up on YouTube for the whole world (or at least the US) to see. I would not want a video of me doing that up. But maybe there is some legal point that necessitates the video be unedited.
posted by kathrynm at 10:51 AM on March 9, 2021 [18 favorites]


I wouldn't say women who were afraid to leave their abusers are still "dating" them. They are more like walking kidnap victims.

The most likely time for your abuser to kill you is when you try to leave.

And it's worth pointing out that women couldn't "go back to" abusers if we took abuse seriously enough to jail them.

I'm glad this abuser was caught. I'm cynical that he'll be jailed long enough for this woman to be safe.
posted by emjaybee at 10:57 AM on March 9, 2021 [38 favorites]


DAVIS - Who called the police?
LINDSEY - Um, I mean, technically me


We knew the nature of this video and were primed to be suspicious, we knew what to look for. This moment here, Davis began to realize what was happening, you see her eyes narrow as she's figuring it out. I wonder how long it would take me. I imagine if your career is prosecuting domestic violence, you would become attuned to this, but I also wonder if a male prosecutor would be as alert.

I might add, thank you Deborah Davis. This could have been so bad if you hadn't followed your intuition as timely as you did.
posted by adept256 at 11:00 AM on March 9, 2021 [42 favorites]


Sadly, I suspect the obstruction of justice charges will carry more weight than the domestic violence.....
posted by GenjiandProust at 11:27 AM on March 9, 2021 [3 favorites]


This was so gripping. You can see the officer on the phone far earlier than the victim starts to really hedge her answers and look away - I’m wondering if they knew even sooner based on her not having her camera on earlier, or some other clue.
posted by Mchelly at 11:31 AM on March 9, 2021




My stepsister's husband had been in and out of Prison, the last time for Manslaughter. He threatened to kill her if she tried to leave. I took emergency leave from the Military to come home and help move her out. He came home in the middle of it. :(

After that was settled and the Cops hauled him away she moved to Las Vegas 30 days later to get back with him. :(

I gave up at that point.
posted by aleph at 12:01 PM on March 9, 2021 [8 favorites]


Suffice it to say that someone I know well with substantial experience in similar cases has had similar experiences in "Zoom Court", including hearings among multiple parties , some with protective orders against one another, during which it is revealed that both parties are in the same room. When I described the victim's first answer under questioning, she stopped me and said, "He was in the same room as the victim, wasn't he?"
posted by grimjeer at 12:06 PM on March 9, 2021 [5 favorites]


I gave up at that point.

I'm not going to tell you how to deal with your family, but consider how often this kind of thing happens and whether that might not reflect cultural pathology rather than individual moral failure. You might find it useful to read Memorial Drive, a true story of a woman who did her best to leave, and didn't make it.
posted by praemunire at 1:23 PM on March 9, 2021 [8 favorites]


What is the defence talking about when he says it's hearsay? Isn't hearsay relaying information second-hand? How is revealing what you yourself said hearsay?
posted by dobbs at 1:29 PM on March 9, 2021


watched this with my partner last night and we both cheered for Deborah Davis, as well as the quick thinking police officer who made the phone call.

The scene at the end where he comes back on the line is both priceless (he got caught) and terrifying (what if he hadn't been caught).
posted by greenhornet at 1:39 PM on March 9, 2021 [2 favorites]


Federal Rule of Evidence 801(d)(1)

(c) Hearsay. “Hearsay” means a statement that:

(1) the declarant does not make while testifying at the current trial or hearing; and

(2) a party offers in evidence to prove the truth of the matter asserted in the statement.

(d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:

(1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:

(A) is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;

(B) is consistent with the declarant’s testimony and is offered:

(i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or

(ii) to rehabilitate the declarant's credibility as a witness when attacked on another ground; or

(C) identifies a person as someone the declarant perceived earlier.


So, IANAL, but prior statements are hearsay, with some exceptions. It's arguable.

I made an assumption in this post that I'm less convinced of upon review. I now believe the police were present to enforce any ruling (like taking him into custody) and they were awaiting the outcome to act (or not), as they would in regular court. The judge seemed surprised that the plaintiff was also there.

And finally, I want to share this screencap of Deborah's facepalm when Coby reappears on Mary's phone. The look on her face, just priceless.
posted by adept256 at 1:48 PM on March 9, 2021 [3 favorites]


Coby reappears on Mary's phone

He did say his phone was out of power. I don't believe him at all, and in no way am I trying to be on his side, and I do think this is intimidation and worse, but maybe there is that one small coincidence? Also, her phone remained on and his was probably dropped or in his pocket, maybe turned off.

But the facepalm, yes. And keep that MF in jail.
posted by Snowishberlin at 2:16 PM on March 9, 2021


Oh, and in terms of hearsay, I think the issue might be that she gave testimony to police, which is evidence, but her recalling it rather than it being read out might be what is considered as such. And I am most certainly not a lawyer.
posted by Snowishberlin at 2:18 PM on March 9, 2021


It takes an average of seven attempts to leave an abusive relationship. I was kinda amazed during my divorce prep to count how many times I had come close to truly leaving and find it was seven. Domestic violence is not a single moment.
posted by dorothyisunderwood at 3:19 PM on March 9, 2021 [35 favorites]


Deborah Davis is a hero. I'm really impressed she picked up on what was happening that quickly and I'm glad how quickly everyone responded.

SVU is totally going to recreate this, aren't they?
posted by edencosmic at 3:28 PM on March 9, 2021 [8 favorites]


What is the defence talking about when he says it's hearsay? Isn't hearsay relaying information second-hand? How is revealing what you yourself said hearsay?

This is my favorite part of the video. You can tell from her expressions that she's piecing together what's happening AS SHE'S PRESENTING HER CASE (like, she's essentially making a high-stakes presentation to her superiors, while at the same time reading the facial cues and behaviors of several people sharing real estate on a Zoom screen while she forms a theory of what's happening), and the part that pushes her over the edge into realizing there's a problem is that her own primary witness is suddenly not cooperating with her very mundane questions, so she's got to switch tactics on the fly and start asking questions about past events rather than what she had originally planned, but then this good-ol'-boy-looking defense attorney interrupts her with the dumbest goddamn procedural point you can imagine, and you can tell from her quick reaction that she wants to absolutely flambé this idiot for even wasting the court's time, but instead she keeps her eyes on the defendant and sees his screen turn off for a moment while her witness gets wide-eyed and does something weird with her camera, and then she immediately pivots to trying to keep her witness alive.

Backwards and in heels, darling.
posted by Mayor West at 4:58 PM on March 9, 2021 [88 favorites]


I saw this making the rounds among lawyers yesterday or the day before, and it is so terrifying. and on the one hand I'm glad I saw it, and I'm glad that other people get to see it, because it illustrates a really important point about domestic violence. But I'm also really frightened for the victim, because offenders often massively escalate when they feel they've been shamed or embarrassed, and going viral on YouTube is about as bad as that can get.
posted by Eyebrows McGee at 5:17 PM on March 9, 2021 [14 favorites]


I’m deeply disturbed by the number of people assuming she consented to him being there and recounting grievances with other women. Yes, it can take a while for women to leave abusive relationships, and rightly so given so many factors including the increased risk of death and the mindfuck of love and violence being paired in so many peoples’ expectations, but there is no evidence she is happy he’s there and a decent amount of evidence that she’s terrified that he’s there.

Lets assume she had a realistic assessment of the danger she was in and acted accordingly.
posted by Deoridhe at 6:10 PM on March 9, 2021 [18 favorites]


Yeah, I do hope there's a "good" resolution to this but it's hard to know if there will be. I watched it with some apprehension because I expected to feel like I was gawking at some terrible mess but I didn't, but I do feel sad for the woman involved here because she's a real person who has to deal with this. I do like that Davis, in the way she can, is looking out for her. But I also worry that the follow-up and ultimate outcome to this isn't what we're going to want.

Still, it's vaguely reassuring to know that sometimes the justice system feels like it's working in the way it should.
posted by edencosmic at 6:11 PM on March 9, 2021 [1 favorite]


Ms Davis is very smart and perceptive! I'm also impressed that the police apparently arrived within about 45 seconds from being called. Also, the judge handled things very well IMO by telling the alleged abuser to stop talking, when he was just getting himself into more trouble. I mean, it was potentially a confession made in the presence of his own attorney. The judge didn't need to hear that, and thereby potentially have to recuse himself if it turned out to be inadmissible.
posted by Joe in Australia at 11:19 PM on March 9, 2021 [1 favorite]


I am glad she's safe for now but the behaviour of the men on camera annoys me. Deborah asked if her and Miss Lindsay could be put into a breakout room. She recognised that this would have been a very stressful situation for her so clearly wanted to be supportive. Not one of the men even considered this. Nobody asked her how she felt, was she okay, told her how long she was safe for or reassured her in any way. I know courts are formal but there should be some humanity in such a traumatic situation.

Also fuck the judge for only praising the policemen for getting there quickly and not Deborah for acting swiftly.
posted by ihaveyourfoot at 11:27 PM on March 9, 2021 [5 favorites]


Also fuck the judge for only praising the policemen for getting there quickly and not Deborah for acting swiftly.

This is very deliberate, a judge cannot show any bias - praising the prosecution or defense could lead to a mistrial. It's a good thing he didn't show any gratitude to the prosecutor, you wouldn't want this pos to get off because the judge isn't seen as impartial.
posted by adept256 at 11:56 PM on March 9, 2021 [33 favorites]


Shoutout to That One Guy in the comments (M Wall) who says we shouldn't assume the guy did anything wrong, that it's quite common for women to file false reports, that he once had a false report filed on him.....

He'd be an ass in the comments of any video but he really showed his dedication doing it on this one. (and I totally believe him that he had a domestic violence charge filed against him, and I don't believe it was false)
posted by Cozybee at 9:17 AM on March 10, 2021 [1 favorite]


I’m deeply disturbed by the number of people assuming she consented to him being there

Just the fact that her eye makeup was smeared, as if she was crying, should be evidence enough that she was under some sort of distress.

And the domestic violence victim/drug addict comparison is spot on. I've dealt with a relative who was in abusive relationships for a solid thirty years and it's kind of amazing she survived. She's been 'clean' for a few years now. All you can do is be supportive and wait.
posted by LindsayIrene at 9:23 AM on March 10, 2021 [2 favorites]


she's got to switch tactics on the fly and start asking questions about past events rather than what she had originally planned, but then this good-ol'-boy-looking defense attorney interrupts her with the dumbest goddamn procedural point you can imagine

Good point. I didn't notice how those two things were related. I imagine many attorneys have a knee-jerk response to object whenever opposing counsel does anything unexpected. It seems unlikely he was part of this scheme, but he really should have noticed his client was acting weird and stepped in to stop it instead of making objections on autopilot.
posted by straight at 9:42 AM on March 10, 2021 [1 favorite]


Mod note: A few comments removed. Talking about your own boundaries or priorities in your life is fine, but framing things in terms of what boundaries or choices other users should be making in their own lives isn't okay. Be sure to keep those two things separate when discussing difficult topics like this; everybody has their own story and their own life, and we do better when we're sharing our own stories than when we try and tell other people how theirs should go.
posted by cortex (staff) at 2:25 PM on March 10, 2021 [2 favorites]


If you can watch a defense attorney dispassionately point out possible mistakes by the prosecutor and possible ways the defense can salvage the case, here's a "reaction" video where a defense attorney does just that. I thought it was interesting — at one point she says the hearsay objection was correct — but it might be upsetting to people who've been on the other side of this situation.

She also at one point asks why the defense attorney was more or less just sitting there the whole time (except for that one objection), which I was wondering about too.
posted by Ampersand692 at 9:52 AM on March 12, 2021 [1 favorite]


The Washington Post spoke with Mary Lindsey and has some additional details, including that Harris did not know that Lindsey was the one who called the police. They also discuss the different approaches to streaming and archiving hearings. This video has been removed, and the judge said that going forward, videos of hearings won't be left up indefinitely.
posted by amarynth at 11:01 AM on March 12, 2021 [3 favorites]


The hearing was completed yesterday. The prosecutor played the 911 call as evidence and I found it very upsetting to listen to, so please be warned before you watch the video. It'll probably be taken down quickly as well.

To sum up what I remember: the initial 911 call was partly due to the defendant violating a previous no-contact order, and he apparently violated the no-contact order a few times after last week's hearing while he was in jail. He also — I'm not sure how to describe his behavior during the hearing, but I guess “histrionic” is as good a word as any.

He also tried to fire his lawyer during the hearing. Honestly, if I were this guy’s lawyer I might be relieved to not have to defend this guy anymore.
posted by Ampersand692 at 6:00 AM on March 17, 2021 [3 favorites]


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