How not to respond to a question in court
February 27, 2015 Leave a comment
Kate Royals at The Clarion Ledger reports:
Grady Gibbons of Brandon, who appeared before Chancery Judge Dan Fairly in a divorce case, said Fairly wrongfully accused him of shaving to avoid a court ordered hair follicle test and threw him in solitary confinement in the Rankin County Detention Center, even though he had submitted to another drug test that showed no illegal drug use.
I wasn’t there to hear all the testimony so I won’t comment much other that to point out a statement made by Mr. Gibbons to Ms. Royals. Take a look at the Clarion Ledger video beginning at the :21 mark where Mr. Gibbons states:
Of course in court it got brought up and they asked me if I was living in Petal and I said it was none of their business.
In most every court where I have practiced, answering a question with “none of your business” is not the way to win any points with the court. Parties and witnesses are in court to provide testimony. They are not in court to rule on whether a question is relevant. That is for the judge to decide.
It is worth mentioning that despite Mr. Gibbons’ claims of not attempting to evade the hair follicle drug test by shaving, he later tested positive for trace amounts of marijuana in a urine test ordered by the chancellor. According to the Clarion Ledger article, Mr. Gibbons attributes the positive test to “second hand smoke while on a trip out west.”