Frank McCourt is back on the stand for his third day of testimony, which I'm sure he hopes will also be his last.
He held up pretty well on Wednesday, but this morning David Boies came out blazing and put him on the run. You have to see Boies in action to appreciate his unique talents. Best way to describe it is that he's an artist whose medium is yes-or-no questions.
Boies tripped him right away on the issue of whether he remembers signing the MPA — the document at the heart of the case. Frank claims to have a crystal clear memory of it now, but Jamie's side says that memory has either been magically recovered, perhaps through self-hypnosis, or has been invented completely.
Boies's second question of the day was whether McCourt told his estate planner in 2009 that he couldn't remember signing the MPA. McCourt said no.
A few questions later, after Boies battered him with varying versions of his account, McCourt was saying exactly the opposite.
“I told her I was not focused on it, I had no present memory of it, I didn't want to have a present memory of it,” he said, his words rushing out in a great confessional torrent.
McCourt is a man of many assets, but his greatest asset as a witness is his credibility. Jamie's side is hoping that the slow accretion of I-don't-know's and I-don't-remember's will ultimately erode that credibility with the judge.
Boies' lucky tie, which he's wearing for the fourth consecutive day, seems to be having some effect.
Meanwhile, Jamie is wearing white again, and it makes you wonder how many white or off-white power suits she owns.
It still feels like her testimony will be most important, and Steve Susman's cross-examination of her will be the highlight of the trial. But for now she seems to be enjoying the show.
Full McCourt coverage:
Week 1 Wrap-Up:
Even more McCourt:
L.A. Weekly cover story, Dodger Dog, from August