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Deals and Agendas

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Deals and Agendas

I have been asked privately to try to cobble together my unofficial segmented post court review into one piece so it’s all together and post it. Sparbuilder

Nov 6th, 2009

Well it’s Friday. And as tens of thousands of Yankee fans prepared for their celebration just outside the courtroom steps, strange deals were brewing inside 60 Centre St, NYC. Overall, it seemed to me that Judge Shirley came into her courtroom with an solid agenda. She stated flat out that today was about venue only and would simply "give the Heisman" to anyone who would try to derail her mission with other issues. And the Heisman came out on a few occasions and it worked well. In all, Shirley appeared to focus her attention on DB. She read about the Australia bit, and wanted to get a good feel for what GGYC’s stand is on the issue. She asked some well thought out probing questions, sometimes argumentative toward DB when he tried to stretch the meaning of a few things. She caught on pretty quickly when he tried to slip a few minor Jedi mind tricks of his own regarding Cahn’s orders/etc. Note to self. Jedi mind tricks are most effective when your victim doesn’t have a very good grasp of the actual subject matter(like BO with boat related stuff). Shirley came into today with her game face on, and apparently well prepared with her questions. She had strong feelings on her point of view regarding the general law/deed of dift/Cahn’s order side of things and seemed perfectly comfortable with her position in keeping everyone honest in her courtroom. Today was not the "let’s see how much smoke we can blow up her …. this time" we saw last week.

Looking back on what took place overall, I’m guessing that Shirley had planned ahead of time to have her bench discussion with BO and DB, and probably with RC and LM in chambers. Before the attempted deal making would happen, she seemed to want to know how likely GGYC would even entertain the notion of Australia and what the complications related to it are. I’ll bet she knew full well that the ‘Australia offer’ was without substance, and the presentation left much to be desired. I think that she was genuinely looking to DB to see if there was any reason for her to consider giving SNG the possibility of even exploring Australia. Personally, I don’t think she got one-from either side.

When DB was up and giving his likely well rehearsed sound bites, JK was paying close attention. When he was answering her probing question, she was leaning in and taking notes, a bunch of notes. Quisitive expressions, and a few admonishing looks(and words) when she caught him in a little mind trick or two. When BO was up, JK appeared to generally look …well …skeptical. It seemed to me that she had her anti Jedi mind trick helmet on and wore a disapproving smirk to compliment it. Oddly enough, it wasn’t needed as BO either ran out of tricks or chose to give up the act. He was clear, non combative, non insulting, and had many things to say …that JK simply could care less about. She spent more than 10 minutes with her head propped up in her hand, looking as though she was forced to let a retarded 5yr old ramble on for a few minutes at a time. For a bit she even held her entire hand over her face, covering her mouth right up to her nose, like she was trying to hold in that college party hurl for a few more seconds! Very few notes were taken when BO was talking. Interesting body language overall.

She clearly didn’t want to get bogged down with specific details regarding venue infrastructure, and the logistics involved with it. The subject was probably straying too close toward the dreaded ‘rocket booster’ type issues, and she wanted none of it. Didn’t want to ruin the progress that was being made regarding subjects that she was more comfortable dealing with. So no witnesses for GGYC, Barry nearly had a cow over the idea anyway!

After Shirley was satisfied, she proclaimed that there will be no bench ruling on the venue issue today. She then requested BO and DB to the bench for a little chat. A little …10 minute long chat. Cory, being seated in the media section closest to the bench(a mere 15ft away), might have caught a bit of what had transpired between those three(we’ll probably find out after reading his next installment, can hardly wait). I could nearly smell the gears burning in his head, straining to hear what was happening and probably wishing he took that lip reading class in college. Meanwhile, the two camps went into huddle mode, like football teams planning their next play. Once the JK/BO/DB discussion was over, they hurried over to their respective parties. Now the chatter ramped up considerably.

Before long, LM and RC meandered into Shirley’s closed chambers and another 10-15 minutes went by. The mood from both teams went from high alert mode …to tailgate mode in a flash. Soon, DB and BO were laughing it up like best buds over to the side by themselves. TE and company were over talking with Mackenzie and Willis with SNG suits milling around. Not a frown in sight. Throw in a bong, loosen the ties, and it would be a party! Weird! Ehman threw me a "shrug, we’ll see" look. And Cory looked intrigued, confused, and generally taken aback by what he was witnessing. I went over to see what was on his mind. One thing that Cory pointed out while I spoke with him during the little private chambers LM/RC/LSK stint was that it was unusual for a judge to have a private chambers meeting with a lawyer present on only one side. Though arguably RC and LM most closely represent Larry and Ernesto directly, LM (though not directly acting as council in these hearings) IS a lawyer. Coutts is not. Cory found it odd that RC would be in chambers without one of their lawyers present. Interesting thought. Cory politely declined my offer for him to say hello to this thread using my laptop.

The festivities quickly breaks up when JK/LM/RC re-appear. A shame, a few more minutes and it would have been karaoke night in room 418! Shirley announces (roughly) that there has been some sort of meaningful discussion in chambers and that the two children (or children’s representatives) have basically agreed to try to hash it out over the weekend. If an agreement happens, she wants to know about it ASAP. Not the slightest mention of what has transpired in the last 25 minutes or so, just that she expects a report by I believe Monday at the latest as to whatever they do or do not agree to.

My (very uneducated)guess it that she, as was mentioned in a few posts here already, she has a very good idea where she will be going with this if there is no mutual consent in the VERY NEAR FUTURE. She could well have telegraphed what that might be to spur things along.

I am wondering …if she floated the potential consequences on non MC and it really inspired BOTH sides to really push for a quick and dirty 11th hour agreement over the weekend, her dangled "punishment stick" could well be some sort of split the baby decision. If it was going to greatly favor one side, there is not the incentive for that "winning party" to attempt (the impossible) at all. So I think either she floated a split the baby order, or she kept her inclinations to herself to keep both sides worried enough to try to come to their own collective decision.

After court was out, LM was quickly on the phone. I would presume to EB, who else. It wasn’t a short conversation either! Ehman and RC also disappeared quickly into conference mode. Cory was, as CM mentioned, in JSK’s chambers chatting away, with Shirley? I would presume so. Youngwood and BO were fairly tightlipped. When I asked them if they had any thoughts on today, YW mentioned. "Well, the weather is nice!" He and BO then smiled and said "well have to wait and see". I asked BO if he expected to be busy this weekend dealing with the venue. He basically said that it is out of his hands, eluding to the idea that it is above his pay grade and it is between Ernesto and Larry basically to agree. All the parties in the courtroom seemed to be behaving themselves, BO included. The least combative I have ever seen him in action. JSK certainly seemed to be on the ball this time around. With no rules/LWL/ independent jury type issues to deal with, all the parties could concentrate on what they were comfortable with. JSK appeared to give Alinghi’s offer for Australia more credit than I would have guessed.

Personally, I seriously doubt that JSK really thinks that there will be any meaningful MC over these embattled issued over the next 2 1/2 days. I couldn’t image any stick that she could dangle that enticing or that scary that will inspire a total transformation from celebrity death match to a Sonny and Cher lovefest. If she did, she’s a genius! I want to bottle her up and sell it on the streets. It seems more likely to me that she is offering up the option one last time before the gavel drops on all the issues, shortly!

As a side note:
As CM and I were walking out from the courtroom, a very "proper" looking older Fellow asked the two of us (in a rather stuffy London upper crustish accent) if we were "wiitthhh the meeedia" Cm referred the question to me, so I told him that we were "unofficially representing the lunatic fringe on Sailing Anarchy" His response (after physically taking a step back, and a pause) was roughly "Really, well your description sounds accurate enough" Seems he didn’t feel that SA was his cup of tea. What a pity.

Sparbuilder