A Moment in Court

As part of his 14 felonies and one misdemeanor, my client is charged with two counts of assault and battery on the same person - one a felony, one a misdemeanor. The prosecutor calls the complaining witness.

Prosecutor: "On 05 January, you were attacked by Mr. Smith twice?"

Witness (looking confused): "Ummm, no . . ."

Prosecutor: "Mr. Smith attacked you twice on the 5th, didn't he?"

Me: "Objection, your honor he's leading the witness . . ."

Witness: "Oh, yeah, he attacked me twice."

At this point we go through all the evidence of the felony A&B and then:

Prosecutor: "And Mr. Smith attacked you another time that night?"

Witness: "Ummm, no."

Prosecutor: "Didn't Mr. Smith throw urine on you earlier that night?"

Me: OBJECTION! He's leading the witness!

Judge: "How's that a leading question? He can ask him yes or no questions."

Me: "That's a highly suggestive question meant to get a particular answer."

Judge: "I don't think it's leading. Over ruled" [to the witness] "Try to remember better so the prosecutor doesn't have to lead you."