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Little bits
Apr. 1st, 2016 12:50 pmI feel no guilt from my unintentional eljay vacation. I did a hearing this past week, and my entire world stops for a hearing.
Monday I traveled to San Antonio, TX, which took most of the day as the government robots made me fly out of Dulles (costing more in parking, miles, and my salary time than the price difference from a local flight). On the flights, I did my cruel trick of bringing no reading material so that I'd be forced to either read my case for hours, or be forced to read skymall. It's like tricking myself into discipline.
It's bizarre how many states are making laws to skirt the SCOTUS decision about gay marriage, and likely rights. Hate is making a loud last stand like the confederate flag. I didn't see confederate flags in TX, but man do they love those boots.
Tuesday I prepped my witnesses, and the person I worried about the most was pretty much exactly the asshat I expected. Making things worse, I slept 8 hours which resulted in my painkillers wearing off (I have to take them every 6). Even though I dosed early that morning, throughout the day I was distractedly in pain and could not let it show or bother me. I downed a handful of ibuprofen and realized the vets in the room probably knew how many I took. I worked into the evening with my worst witness, who would not answer questions simply. Every time the answer was no, he would say "I do not remember that, Sir." Others laugh at him - he had a long but utterly embarrassing military career, leaving when he couldn't get rank. There are vets all around him (veterans and veterinarians, that's funny - hadn't thought about that) and he does all these tricks to show he is ex-military...but they all are or know enough to realize his service was kind of a failure. Nice guy and all, but his bluster only shows his failings. He's another person who is very likely just his ego away from having a happy life. His insecurity seems the root of all his bad behavior, and while he's not hurting anyone, he's keeping himself mired in dissatisfaction and it alienates people who might otherwise like him more. So...I drilled with him all day and the other 2 managers tried hard to help too. They didn't mind being made examples of.
Wed was the hearing, and it was the easiest hearing I've ever done. However, it wasn't actually easy for me. I was prepared, the arguments were simple, and there weren't many exhibits. I had a huge procedural and strategic win at the beginning of the hearing, with opposing counsel essentially reading the fact I hoped to enter into the record. This was nice, especially as...while my pain was not a problem during the hearing, my hand went numb (still is) which was mildly distracting. Far better than searing throbbing pain though.
I felt good, and everything went as planned. All the questions they asked were things I prepped for the day before, and my witnesses handled it well. Well lemme be more honest, 2 of my best witnesses did the plumb opposite of what I asked - they rambled on for ages, volunteering information that wasn't asked. However, each was honest and straightforward, and had no negative information. The attorney took risks and was burned each and every time, getting answers that hurt his case. Me, for once, did not ask any risky questions. Good me. The only place the other attorney outgunned me a tad was in tying dates of performance ratings to when selection references were issued, and fussing about the short months between the two. Good idea, but it didn't create substance where there was none. I hadn't done any date figuring with my witnesses, but the performance information they knew inside and out.
HOWEVER, then asshat...he made me so sad. If he had not done well, I would not be sad. No, I'm sad because...he did great. He started fantastic - answering my open questions a little on the short side, and saying Sir a lot, but well within the techniques I taught him. He told simple truths without elaborating, and readily admitted things he did not recall. He did great on direct, and then was doing just as well on cross. He was doing so well I started mentally composing a congratulatory speech and email to reward him for nailing it. I think I smiled.
Until he didn't. The attorney succeeded in getting him mad, or he just couldn't hold it in anymore. Then he did it all wrong - answering simple y/n questions with long answers, off topic statements, and even arguments.
"So that's your signature ]on the performance appraisal date block]...so is it fair to say that on date you were the Complainant's supervisor?" 'I do not remember.'
"I realize you do not remember, but is that a fair statement?" ' If you say so.' ...
"So, when he went over your head, did it make you angry" ' I followed my instructions.'
"I understand you followed instructions, but that's not what I asked you. Were you angry?" 'I. Followed. Instructions."
I tried. I broke up the activity when I could, but objections to interrupt a collapsing witness are highly suspect here. I did object when I could, and I took advantage of opposing counsel's 'objection' pointing out my witness was non-responsive - I took the risk flat-out telling my witness "Just answer the question he asked - you don't need to add anything. Also, if he asks a yes or no question, please just give him a yes or no answer." He did not heed my advice. Worse - next time the Judge interrupted and scolded him - and he STILL didn't fix his behavior.
What? He thought he was smarter than the Judge? He thought his pride and need to show his distaste was more important than the Agency proving the discrimination claims false? If we lose, he will be blamed - rightfully so, but he'll be found guilty of discrimination, which he is not guilty of. He literally committed the sin of pride. Fucknut.
I've literally never had a witness bomb so bad. It's sad, not because he fucked up, but because he demonstrated he knew how and could do the right thing. WE WERE WINNING, HARD, until he threw his little tantrum of pride.
On the plus side, if we lose, I identified the reason why as soon as I got the case, the top official knows about it and did in advance, and I put everyone on notice of the issue when we decided to go to hearing. I don't lose anything, but frankly we really should win. There was no discrimination. It's just...his credibility was poor, so they can call him a liar or not credible and they automatically win (the AJ just calls it evidence of pretext and we auto-lose...this is the most common way "discrimination" is found, and why I call discrimination statistics a pile of dung).
The trip back was uneventful, following a sleepless night (again the numb and pain issue, plus a lot of leftover adrenaline from the hearing perhaps). I just moved my doc appt from Tues to Mon - earliest I could get.
Returned to DC to find I was issued a ticket for having piles of construction debris on my property. I don't have the list of dates and completion stages from the contractor yet. It looks like they've done more coats of varnish on the living room floor but that's about it - if that. Not doing much while the floor dries makes sense, but I'd really like to see that schedule now that I'm back.
Veronica sent me a picture of the cat sleeping on my pillow.
Monday I traveled to San Antonio, TX, which took most of the day as the government robots made me fly out of Dulles (costing more in parking, miles, and my salary time than the price difference from a local flight). On the flights, I did my cruel trick of bringing no reading material so that I'd be forced to either read my case for hours, or be forced to read skymall. It's like tricking myself into discipline.
It's bizarre how many states are making laws to skirt the SCOTUS decision about gay marriage, and likely rights. Hate is making a loud last stand like the confederate flag. I didn't see confederate flags in TX, but man do they love those boots.
Tuesday I prepped my witnesses, and the person I worried about the most was pretty much exactly the asshat I expected. Making things worse, I slept 8 hours which resulted in my painkillers wearing off (I have to take them every 6). Even though I dosed early that morning, throughout the day I was distractedly in pain and could not let it show or bother me. I downed a handful of ibuprofen and realized the vets in the room probably knew how many I took. I worked into the evening with my worst witness, who would not answer questions simply. Every time the answer was no, he would say "I do not remember that, Sir." Others laugh at him - he had a long but utterly embarrassing military career, leaving when he couldn't get rank. There are vets all around him (veterans and veterinarians, that's funny - hadn't thought about that) and he does all these tricks to show he is ex-military...but they all are or know enough to realize his service was kind of a failure. Nice guy and all, but his bluster only shows his failings. He's another person who is very likely just his ego away from having a happy life. His insecurity seems the root of all his bad behavior, and while he's not hurting anyone, he's keeping himself mired in dissatisfaction and it alienates people who might otherwise like him more. So...I drilled with him all day and the other 2 managers tried hard to help too. They didn't mind being made examples of.
Wed was the hearing, and it was the easiest hearing I've ever done. However, it wasn't actually easy for me. I was prepared, the arguments were simple, and there weren't many exhibits. I had a huge procedural and strategic win at the beginning of the hearing, with opposing counsel essentially reading the fact I hoped to enter into the record. This was nice, especially as...while my pain was not a problem during the hearing, my hand went numb (still is) which was mildly distracting. Far better than searing throbbing pain though.
I felt good, and everything went as planned. All the questions they asked were things I prepped for the day before, and my witnesses handled it well. Well lemme be more honest, 2 of my best witnesses did the plumb opposite of what I asked - they rambled on for ages, volunteering information that wasn't asked. However, each was honest and straightforward, and had no negative information. The attorney took risks and was burned each and every time, getting answers that hurt his case. Me, for once, did not ask any risky questions. Good me. The only place the other attorney outgunned me a tad was in tying dates of performance ratings to when selection references were issued, and fussing about the short months between the two. Good idea, but it didn't create substance where there was none. I hadn't done any date figuring with my witnesses, but the performance information they knew inside and out.
HOWEVER, then asshat...he made me so sad. If he had not done well, I would not be sad. No, I'm sad because...he did great. He started fantastic - answering my open questions a little on the short side, and saying Sir a lot, but well within the techniques I taught him. He told simple truths without elaborating, and readily admitted things he did not recall. He did great on direct, and then was doing just as well on cross. He was doing so well I started mentally composing a congratulatory speech and email to reward him for nailing it. I think I smiled.
Until he didn't. The attorney succeeded in getting him mad, or he just couldn't hold it in anymore. Then he did it all wrong - answering simple y/n questions with long answers, off topic statements, and even arguments.
"So that's your signature ]on the performance appraisal date block]...so is it fair to say that on date you were the Complainant's supervisor?" 'I do not remember.'
"I realize you do not remember, but is that a fair statement?" ' If you say so.' ...
"So, when he went over your head, did it make you angry" ' I followed my instructions.'
"I understand you followed instructions, but that's not what I asked you. Were you angry?" 'I. Followed. Instructions."
I tried. I broke up the activity when I could, but objections to interrupt a collapsing witness are highly suspect here. I did object when I could, and I took advantage of opposing counsel's 'objection' pointing out my witness was non-responsive - I took the risk flat-out telling my witness "Just answer the question he asked - you don't need to add anything. Also, if he asks a yes or no question, please just give him a yes or no answer." He did not heed my advice. Worse - next time the Judge interrupted and scolded him - and he STILL didn't fix his behavior.
What? He thought he was smarter than the Judge? He thought his pride and need to show his distaste was more important than the Agency proving the discrimination claims false? If we lose, he will be blamed - rightfully so, but he'll be found guilty of discrimination, which he is not guilty of. He literally committed the sin of pride. Fucknut.
I've literally never had a witness bomb so bad. It's sad, not because he fucked up, but because he demonstrated he knew how and could do the right thing. WE WERE WINNING, HARD, until he threw his little tantrum of pride.
On the plus side, if we lose, I identified the reason why as soon as I got the case, the top official knows about it and did in advance, and I put everyone on notice of the issue when we decided to go to hearing. I don't lose anything, but frankly we really should win. There was no discrimination. It's just...his credibility was poor, so they can call him a liar or not credible and they automatically win (the AJ just calls it evidence of pretext and we auto-lose...this is the most common way "discrimination" is found, and why I call discrimination statistics a pile of dung).
The trip back was uneventful, following a sleepless night (again the numb and pain issue, plus a lot of leftover adrenaline from the hearing perhaps). I just moved my doc appt from Tues to Mon - earliest I could get.
Returned to DC to find I was issued a ticket for having piles of construction debris on my property. I don't have the list of dates and completion stages from the contractor yet. It looks like they've done more coats of varnish on the living room floor but that's about it - if that. Not doing much while the floor dries makes sense, but I'd really like to see that schedule now that I'm back.
Veronica sent me a picture of the cat sleeping on my pillow.
