Rick Pepperman, Microsoft’s attorney questioning Garry Norris the IBM manager and key government rebuttal witness at the antitrust trial in Washington, did little to win Judge Thomas Penfield Jackson’s favor during his questioning. On Tuesday, more than 90 minutes into Pepperman’s questioning, the judge warned Pepperman that he should perhaps try a different line of questioning. “I’m not sure how much progress you have made so far,” he cautioned Pepperman in a private meeting with lawyers. Transcripts of the meeting were made available Wednesday.
Yesterday, in open court there was several more exchanges that suggested Judge Jackson was less than impressed with Pepperman’s line of questioning. Pepperman asked Norris to testify about an IBM white paper disparaging Microsoft planned Windows 95 software. Are you familiar with the document? asked Pepperman about the white paper. I haven’t seen it so I don’t know,” replied Norris. But Pepperman pressed for an answer without showing Norris the document until a clearly irritated Judge Jackson cut off the questioning. Mr Pepperman, if you have the document show him it!” he said.
Pepperman and the judge crossed swords again latter in the day. At noon, Judge Jackson asked Pepperman to end his questioning at a convenient time so they could take an early lunch. Throughout the trial this has been understood to be a signal for lawyers to stop questioning immediately. Pepperman, however persisted for more than 10 minutes. Pepperman then chastised Norris for asking a question saying I ask the questions, you answer them, that’s the deal. Before Pepperman had finished his rebuke, the Judge announced: I think we’ll take the afternoon recess now.” Judge Jackson alone will decide the case.
