- D.A. Jim Aoli: And the bar was closed at this time?
- Randolph Simpson: Well, I didn't think anybody was there, till I come out the kitchen and see the cash register busted open. And that guy running away with the money.
- D.A. Jim Aoli: Let the record reflect that the witnesses again indicated the defendant Francisco Ortega. Your witness.
- Judge John Englander: Mr. Sifuentes, Mr. Aoli? Having considered your closing arguments and having heard the testimony you used at 3 days of trial, including that of an eye witness I found to be substantially credible, I now find the defendant, Francisco Ortega, guilty of robbery in the first degree. Sentencing set February 9, 10 a.m.
- Victor Sifuentes: Your Honor, at this time, I move for a new trial and the disqualification of Your Honor from this case.
- Judge John Englander: On what grounds?
- Victor Sifuentes: Bigotry, Your Honor.
- [Spectators murmuring. Mr. Aoli takes off his glasses]
- Victor Sifuentes: This statistical analysis demonstrates a clear-cut racist predisposition based on Your Honor's conviction and sentencing record over the years.
- Judge John Englander: That's outrageous!
- Victor Sifuentes: Your Honor, conviction rate in non-jury trials for non-white defendants when the prosecution has an white eye witness is nearly 6 times as great as when the defendant is white or the eye witness is non-white.
- [Mr. Sifuentes handover the records to Judge Englander]
- Victor Sifuentes: This includes Your Honor's time on the Municipal as well as the Superior Court's. And it clearly demonstrates that Your Honor's racism has served to deny my client a fair trial.
- Judge John Englander: I don't know what all this is, counselor, but I'll tell you, you're way out of line.
- Victor Sifuentes: Your Honor, I'm not trying to provoke or offend you. But the fact remains that these statistics...
- Judge John Englander: Don't stand there calling me a racist and pretend you're not trying to provoke or offend me! I sit here very much offended, Mr. Sifuentes!
- Victor Sifuentes: Shall I take this to be a denial of my motion, sir?
- Judge John Englander: Take it as a personal response to your accusation! I'll respond in my official capacity at a later date! In the meantime, this motion is taken under advisement.
- [Judge Englander heads back to his chambers]
- Michael McLeish: Your Honor, this is outrageous. Counsel is asking for summary judgment when there are substantial questions of material fact.
- Ann Kelsey: I'm asking for judgment only on the second and third causes of action, Your Honor. Which go to design defect only.
- Michael McLeish: Which is a big part of our case.
- Judge Hillary Miller Johnson: Counselors?
- Ann Kelsey: So big, he didn't come up with a single fact in support of it.
- Judge Hillary Miller Johnson: Miss Kelsey...
- Ann Kelsey: So big, they didn't file any affidavit or exhibits which would indicate anything defective in that plane.
- Judge Hillary Miller Johnson: I must agree, Mr. McLeish, that the evidence in support of the allegations contained in the second and third causes of action is rather thin. Have you got anything else?
- Michael McLeish: Your Honor, I have submitted numerous affidavits which go to the sophisticated nature of the craft. Such sophistication rendering virtually inoperable by the deceased.
- Ann Kelsey: Which goes only to the negligence theory in the first cause of action, Your Honor. And has nothing whatever to do with the question of design defect.
- Judge Hillary Miller Johnson: [Agrees] She's got you, sir. I'm going to sustain you on the first cause of action. But as to the second and third, there is simply no genuine issue of material fact.
- Judge Hillary Miller Johnson: Judgment in favor of defendant as to the second and third causes of action. Counsel for both sides should prepare to proceed to trial on the first cause of action only. Thank you both.
- [George Cromwell is relieved]
- George Cromwell: Brilliant.
- Ann Kelsey: Thank you.