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11.01.2002
B: Do you swear to tell
the truth, the whole truth, and nothing but the truth?
W: I do.
B: Take the stand.
DA: Could you state your
name for the record?
W: John Weismohr.
DA: What is your occupation,
Mr. Weismohr?
W: I'm a stockbroker.
DA: Were you at the Rangers-Tigers
game on the evening of September 28th, 2008?
W: I was.
DA: The night when Alex
Rodriguez hit the record-breaking home run.
W: That's correct.
DA: Could you describe
the moment? When he hit the ball?
W: Well, he had a full
count, and the Tigers pitcher -- it was Justin Mirer -- sent
in a low change. That's what it looked like to me, at least.
And A-Rod just crushed it. Sent it way into the right field bleachers.
DA: Which is where you
happened to be sitting at the time.
W: Right. That's how I
ended up with it.
DA: You didn't really
'end up with it' though, did you, Mr. Weismohr?
W: Uh...well, yeah, I
did. I mean, I have it. Until the sale goes through, I mean.
Ha ha.
DA: Mr. Weismohr, what
seat were you in at the time?
W: I don't remember. It's
been over a year.
DA: Submit as evidence
Exhibit A, Mr. Weismohr's ticket stub from the night in question.
It's Section 122, Row 24, Seat 3.
J: Duly noted.
W: Where did you get that?
DA: Do you have any idea
where the ball actually came down, Mr. Weismohr?
W: Somewhere near me.
I don't know where exactly. It was kind of a chaotic moment,
you know.
DA: Submit as evidence
Exhibit B, a videotape analysis of the home run ball's trajectory.
Note that it takes a bounce off the right field railing, then
is deposited around Row 4, Seat 17.
W: Well, there was a bit
of a struggle.
DA: Of Section 138.
W: It's all a blur.
DA: Please note that according
to our investigators, Mr. Weismohr was sitting approximately
124 feet from where the ball came down.
J: Duly noted.
W: I run really fast.
DA: You'd have to.
W: I ran track in high
school.
DA: And how old are you
now, Mr. Weismohr?
W: 42.
DA: Mr. Weismohr, in fact,
you were nowhere near the ball when it came down, were you?
D: Objection. Challenge.
J: Sustained.
DA: Mr. Weismohr, is it
your contention that you were able to run almost 150 feet, through
a crowd of thousands of people, in the less than two seconds
before the ball was caught?
W: Look, I...okay, submit
as evidence Exhibit C...
J: You're not allowed
to submit things as evidence, Mr. Weismohr.
W: Okay, but look. On
the ticket, it says "Fans are invited to keep any ball that
go into the stands".
DA: You're not allowed
to take them from other people, though.
D: Objection. Not established.
W: Yeah, objection.
D: Thank you, Mr. Weismohr,
I've got it.
J: Sustained.
DA: Mr. Weismohr, how
exactly did you come to have possession of the ball? Videotape
clearly shows a brief struggle for the ball, after which it comes
up quite cleanly in the hands of Mr. Kenny LaRosa, who is in
the courtroom today. He hands it to his young son Arturo, who
is also here. This is shown repeatedly, at various angles, in
various degrees of closeup, on the nationally broadcast videotape
of the game. You, on the other hand, are nowhere to be seen.
W: I was there. I was
ducking down.
DA: Why were you ducking
down?
W: To get the ball.
DA: Arturo LaRosa had
the ball.
W: It is my contention...
D: Your honor...
W: ...that he was never
fully in possession of the ball...
D: ...move that this testimony
be stricken from the record...
W: ...because, as you
can see, he bobbles it several times.
D: ...as possibly prejudicial
to my client.
J: Overruled. Testimony
may stand.
W: Because he never really
had the ball.
DA: Where does he bobble
it?
W: Look on the tape. See?
Right there. He bobbles it. He's never in control of the ball.
I feel it was still up for grabs.
DA: He's not bobbling
it. He's just tossing it in and out of his glove.
W: Objection. Conjecture.
J: You don't get to make
objections either, Mr. Weismohr.
W: Damn.
DA: Mr. Weismohr, do you
remember at exatly what time you gained possession of the ball?
W: It was...let me see...it's
hard to remember.
DA: Just a ballpark estimate.
No pun intended.
W: Maybe 11:30.
DA: 11:30 PM.
W: Yeah.
DA: After the game.
W: Yeah. After it was
over.
DA: And Mr. Rodriguez
hit the home run ball in the second inning.
W: Bottom of the
second.
DA: I see.
W: Possession is 9/10ths
of the law. Isn't that right? Didn't I hear that? Marty?
D: Don't call me Marty.
DA: So, after the game,
how did you get possession the ball?
W: Well, I had been keeping
an eye on the kid...
DA: Arturo LaRosa.
W: Right. Because, as
I say, he had been fumbling it, you know, and I hoped I'd have
a shot at it.
DA: So you stalked him
out to his car.
D: Objection, your honor.
Prejudicial.
J: Sustained.
W: I wouldn't say stalked.
I followed him to his car. I was very determined. And
sure enough, in the end, he couldn't keep control of the ball,
and it was mine.
DA: In the parking lot,
after the game.
W: I think that's still
considered part of the ballpark. Like what if someone hit a homer
into the parking lot? You wouldn't make a big deal out of that.
DA: So let me ask you
this. Did he, in the end, lose control of the ball before or
after you hit him with the tire iron?
D: Objection!
J: Overruled.
W: Before! I mean, well,
technically, at the same moment. But I didn't hit him with
the tire iron. It was a badly timed accident.
DA: You just happened
to be swinging a tire iron, and he walked right in front of it.
W: You know how kids are.
DA: And that's the exact
moment that he lost control of the ball.
W: I don't know if that's
the exact moment. I'm not a, you know, time-ologist, or
whatever. I'm just a fan of baseball who caught a lucky break.
DA: A lucky break.
W: Well, lucky for me.
I guess not so much for him.
DA: No further questions,
your honor.
W: Can I go now? I have
a meeting scheduled with Todd MacFarlane.
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