Maybe I don't spend enough time around courtrooms, but I've never seen an attorney take a whack at a judge during closing arguments -- or any other arguments -- as Rochester attorney Ken Schueler did today in the Kahler eviction hearing.
The exchange, which Olmsted County District Court Judge Joseph Chase eventually closed off by calling it a "circular" argument that was leading nowhere, involved who at the Kahler was responsible for giving final approval to leasing commitments; what was said during testimony Tuesday; whether a Jan. 21 letter offered or confirmed a lease extension; and other angles.
Schueler seemed incredulous at times that Chase disagreed with his interpretation of what that Jan. 21 letter said, and he accused the judge of "leading" a witness during the judge's questioning Tuesday. Schueler said if the defendant's attorney had pursued that line of questioning, he would have objected and asked the judge to stop it.
"I'm poking at you a little bit for this," Schueler said, returning more than once to "leading questions from the court (Chase)" during witness Sandra Woodford's testimony, which led to "sweeping statements" from Woodford.
"If Mr. Jones (the defendant's attorney) had done that, I would have objected," Schueler said. After a few moments of dead air, he said to the judge, "I don't want to get crossways with you," but he raised the concerns more than once. Chase said he didn't find them to be "crossways."
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At another point in his closing arguments, Schueler said the "court would have to create what the intent" of the Jan. 21 letter was, in terms of extending the lease. At another point, he spun out a hypothetical (and fairly theatrical) case where other tenants at the Kahler would use these proceedings as a "template" for pursuing similar claims -- with strong implications that those claims would be false.
In this case, the Kahler brought suit, not a tenant. Kahler Hotels LLC wants to evict the defendant, Renee Carlson, who owns the Revelation, Les Wigs Renee and Merle Norman cosmetics store in the Kahler Grand lobby.
When Schueler was done sketching out this hypothetical case, Chase asked him if he was saying the judge was creating a template for committing fraud. "You're saying I'm showing them the template for producing false testimony." Schueler responded that that wasn't his point.
The exchange was civil, and while Chase didn't seem to take umbrage, it was definitely unusual -- especially in a bench trial.
One last note from today's court action. Schueler said near the end, "People try to make the Kahler out to be the bad 'person' in this, or at least I've heard that." The hotel is simply trying to proceed with its plans and protecting its rights. "It would be anathema to the business purposes of the hotel if the court inserts itself" into the Kahler's business practices.
