3 ms·

I am sure Gawker didn't help their case with jurors when they said they would only draw a line at posting a sex tape of a four year old [1]. If they did have a

by tdurden 11y ago

I am sure Gawker didn't help their case with jurors when they said they would only draw a line at posting a sex tape of a four year old [1]. If they did have a chance of winning this case, they totally shot themselves in the foot with their testimony. [1] http://nypost.com/2016/03/09/gawker-editors-line-a-sex-tape-of-a-4-year-old/ http://nypost.com/2016/03/09/gawker-editors-line-a-sex-tape-...

themartorana 11y ago
I'm pretty sure we can all agree he was being sarcastic and flippant after hours of being on the stand. I'm not making excuses, but the NY Post loves them a way-skewed sensational headline that isn't so grounded in reality.
- tdurden 11y ago
  Totally agree on both points - but those kind of comments aren't going to score points with the jurors and influence the case.
- Crito 11y ago
  Of course it was a joke. But what sort of person, in that sort of situation, makes a joke like that? Forget the NYP completely and watch the video of how it played out on court. He comes off as a complete piece of shit.
  - skuhn 11y ago
    That one quip really embodies the entire case against Gawker I think. Daulerio was found personally liable as part of this verdict, and he had to know what the stakes were when he testified. By making himself look callous, unsympathic and irresponsible just to satisfy a fleeting desire to be sardonic he did himself zero favors with the jury. It's not about scoring a zinger against the opposing counsel. It's about putting across your narrative with the jury. I highly doubt Daulerio's legal counsel thought that narrative should be that he's just a grade-A asshole. No surprise that someone who couldn't keep it together when it really mattered to him in a deeply personal way can't be trusted to maintain journalistic integrity during the day-to-day operations of a site.
andrewbinstock 11y ago
A lawyer prepping someone for testimony will say: "Remember, your job here is not to score points. All you want to do is to prevent points from being scored." Meaning don't lose your cool, never be glib, never make jokes, don't try to pretend you're smarter than the attorney, don't lie, but most of all, don't state anything more than the minimum necessary to answer the question. Good advice that's too easily forgotten in the moment.
- FireBeyond 11y ago
  Very true. Last time I testified as a witness, as is occasionally required by my job, the lawyer reminded me "I know you've been here before. Simple answers. Never use a sentence when a word will do. Always 'yes' or 'no'. Never "yes, and blah blah" or "no, but blah blah".

by tdurden 11y ago

themartorana 11y ago

I'm pretty sure we can all agree he was being sarcastic and flippant after hours of being on the stand. I'm not making excuses, but the NY Post loves them a way-skewed sensational headline that isn't so grounded in reality.

tdurden 11y ago
Totally agree on both points - but those kind of comments aren't going to score points with the jurors and influence the case.
Crito 11y ago
Of course it was a joke. But what sort of person, in that sort of situation, makes a joke like that? Forget the NYP completely and watch the video of how it played out on court. He comes off as a complete piece of shit.
- skuhn 11y ago
  That one quip really embodies the entire case against Gawker I think. Daulerio was found personally liable as part of this verdict, and he had to know what the stakes were when he testified. By making himself look callous, unsympathic and irresponsible just to satisfy a fleeting desire to be sardonic he did himself zero favors with the jury. It's not about scoring a zinger against the opposing counsel. It's about putting across your narrative with the jury. I highly doubt Daulerio's legal counsel thought that narrative should be that he's just a grade-A asshole. No surprise that someone who couldn't keep it together when it really mattered to him in a deeply personal way can't be trusted to maintain journalistic integrity during the day-to-day operations of a site.

andrewbinstock 11y ago

A lawyer prepping someone for testimony will say: "Remember, your job here is not to score points. All you want to do is to prevent points from being scored." Meaning don't lose your cool, never be glib, never make jokes, don't try to pretend you're smarter than the attorney, don't lie, but most of all, don't state anything more than the minimum necessary to answer the question. Good advice that's too easily forgotten in the moment.

FireBeyond 11y ago
Very true. Last time I testified as a witness, as is occasionally required by my job, the lawyer reminded me "I know you've been here before. Simple answers. Never use a sentence when a word will do. Always 'yes' or 'no'. Never "yes, and blah blah" or "no, but blah blah".