MR. RANCK (Assistant State Attorney): -- don’t
MR. SMITH: I would ask you not to interrupt
MR. RANCK: I will ask you one more time –
MR. SMITH: --I’m not going --
MR. RANCK: --if you ever interrupt me --
MR. SMITH: --don’t interrupt me again--
MR. RANCK: --you asshole--
MR. SMITH: --I will not tolerate this man--
MR. RANCK: --I will not tolerate--
MR. SMITH: --act like a lawyer. Act like a
MR. RANCK: you act like a lawyer.
MR. SMITH: I won’t take that from you.
MR. RANCK: I won’t take it from you.
MR. SMITH: I will not take that from you.
(whereupon the Bailiff entered the room and ended
the confrontation while the Judge left the
During this exchange the prosecutor had again left
his podium, advanced to the defense podium where
defense counsel was standing, and placed his nose in
contact with trial counsel. He remained in direct face to
face contact until ordered to his seat by the bailiff.
Defense counsel apparently made no attempt to leave the
Rumpole says: "Go ahead punk. Feeling lucky? Go ahead and make my day."
It is even more obvious that the trial court fatally failed in its required duty
carefully to consider all reasonable alternatives -- including gaining control of the
courtroom -- to doing so.
Be warned those who battle for their clients and those who fight for the state- the 3rd DCA is very clear on this- act up, and the remedy is a contempt hearing, not a mistrial. Those of you with prominent noses, be careful where you put them, because the opposite end of you may well end up in a sling.