Prosecution Admonishes Attorney Hardin's Tactics

Members of the Department of Justice's legal team as well as U.S. District Judge Melinda Harmon have vocalized several complaints about the courtroom tactics used by Andersen lead attorney, Rusty Hardin.

On Tuesday, May 14, government lawyers filed a motion asking Judge Harmon to restrain Mr. Hardin's conduct in the courtroom.

Complaints about Mr. Hardin include his references to prosecutor Sam Buell as a "boy scout," and his reference to the government lawyers as "whiners." He has also referred to the government lawyers as "jumping beans" when discussing their behavior of constantly jumping out of their seats to object to questions by Mr. Hardin.

The prosecution has also complained that Mr. Hardin has over-used his right to call sidebar discussion with the judge, and, although Mr. Hardin has voiced the same complaint about the prosecution, Judge Harmon stated that Mr. Hardin has "out side-barred [the government] by 200 to one."

Other complaints focus on Mr. Hardin's alleged attempts to ingratiate himself to the jury by presenting himself as a local, hometown boy and frequently referring to the prosecution team as lawyers from New York and Boston. The lawyers had made a pre-trial agreement that they would avoid accentuating the fact that Mr. Hardin has been a Texan for nearly 30 years and that the prosecutors are based on the East Coast.

Prosecution lawyers have also complained that Mr. Hardin words his questions in such a way as to inject comments about the Andersen defense, making remarks usually saved for opening and closing arguments.

Judge Harmon has also accused Mr. Hardin of "running a circus" and claims he has no respect for her authority.

Judge Harmon has yet to rule on the motion.

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