NO, I am not talking about my three most recent dates. This is how I opened my final arguments on a Federal Trial I had last week. My client was unjustly (I really mean it this time) accused of having unwanted physical contact with an employee who, she said, had touched her many times and who said she had nice legs and tried to kiss her twice: once, an alleged open-mouth kiss and then there was an alleged attempted closed-mouth kiss, but she turned her head away, so he kissed her on the cheek. I told the jury that the only attempted sex was the Plaintiff (or, as I affectionately called her, the lying scheming whack job) trying to screw my client. Her Story (which I called a fairy tale) was that because she never provided sexual favors, she was fired. However, SHE QUIT! Facts are stubborn things!
Let’s talk about lies. I could sugarcoat it and soft pedal it, and say maybe she was mistaken, or maybe she was disingenuous. But if it walks like a duck, swims like a duck and quacks like a duck, it is a duck and she is a liar! He never kissed her once. He never kissed her twice. He never kissed her at all. He never touched her inappropriately. If he did all of those things, where are the cab drivers she talked about that supposedly saw it? They never testified in court. She never called any witnesses except for two doctors that she saw after she became suicidal (which she lied about).
One didn’t even remember seeing her. None of her family even showed up in support.
I showed the jury a list of her lies.
Smiley, my client, did not sexually assault the lying, scheming whack job. She was never suicidal. She never said she was going to kill herself. She never tried to throw puppies off the balcony. She didn’t know that she was recording their encounter. She didn’t know that she had a camera that could record in her purse. (Right, and I was just trying to help that sheep over the fence!)
My client, Smiley, eliminated her position because he was losing money. He has an obligation to the almost 250 people that he employs to stay in business. He “disrespected” her and from the medical records that were admitted into evidence, being disrespected is a trigger.
She was in a ferocious rage because she was “disrespected.” She said, “You spit in my face. She got into his face. She went from happy to rabid in about 1/10 of a second. But as mad as she got, did she go right into Smiley’s office? No, she went out to her car, got her purse, turned on her camera to surreptitiously record the altercation that she was about to cause. She was cold, calculating and conniving. She planned it, she orchestrated it, she knew exactly what she was doing. She was planning to sue him! She said it herself. She knew she was going to sue and tell everyone what Smiley did to her.
Hell hath no Fury like a woman scorned
We are not talking about rebuffed advances; we are talking about “disrespect,” one of her self-described triggers. When she saw a doctor due to her nervous breakdown, she blamed it ENTIRELY on Smiley — not on the fact that she had been in an abusive marriage for 15 years, stating she had been physically abused, emotionally abused and repeatedly raped for almost the entirety of her 15-year marriage. She went to a psychiatrist about 4-1/2 months… and threatened to kill herself and blamed EVERYTHING on Smiley.
She was involuntarily committed by a legal 2000 because she was a danger to herself. She threatened to commit suicide (which she lied about). She threatened to throw her puppies off the balcony (which she lied about); but it was all due to Smiley because he eliminated the road supervisor position. But he didn’t fire her. In the surreptitious tape she made (the infamous final scene), he told her she was a valuable asset to the company. He did not want her to quit.
Barry Goldwater said “extremism in defense of Liberty is no Vice.” So, I told them if I seem a bit extreme, please excuse me, and If I do something to offend you, please do not hold that against my client. This is not a criminal trial; no matter how you rule, no one is going to lose their liberty. No one is going to prison. But for Smiley, if you rule against him, it will feel like he has gone to prison.
If you find for that greedy lying whack job on ANYTHING, Smiley won’t be able to be a boxing referee anymore, which — aside from his beautiful wife of almost 50 years — is the love of his life, his Raison D’etre. He has been a boxer. He has refereed world championships. He ran the boxing program for the army. In addition, he will lose that pristine squeaky clean persona that he has developed, cultivated, honed and proudly displayed for his entire life. How has this affected him? He cried on the stand!
He cried on the stand!
Let’s talk about Smiley…
You’ve heard all of the accomplishments: A devoted family man; a long time Nevadan; a former UNR College Football Hall of Famer; married his high school sweetheart; has had many successful businesses — a security company, cab company, armored car company, and casino owner. For almost 50 years He has been squeaky clean and now he has been falsely accused of something that could ruin his life.
His reputation has already been damaged. The taxicab authority heard about it. He has lost some cabbies and even his own family; and his devoted wife of almost 50 years, the love of his life, must have just a nagging bit of doubt.
—The lying scheming whack job told the jury innumerable times that she wanted justice. So I used a couple of quotes about justice:
—Injustice anywhere is a threat to justice everywhere. —Martin Luther King
—Justice is truth in action. —Benjamin Disraeli
—Justice is the handmaiden of truth and when truth dies, justice is buried with it. —Ravi Zacharias
—When justice is done, it brings joy to the righteous, but terror to the Evildoers.” —Proverbs 21:15
I told them that a wise old lawyer told me when I first started practicing the law that there was no justice. Just us. I told them since they were the finders of fact, they were the purveyors of justice. They should dispense justice. They should give her the justice she deserved — ZERO! And they did. My client prevailed.
Justice was done! Take that, you lying, scheming whack job!
For more information regarding Nevada laws, or if you feel your rights have been violated, please call Mace Yampolsky & Associates. Call or text us at (702) 385-9777. We are available 24/7 for emergencies. If you need help, CALL NOW before it is too late. We can help!