[align=center]
[size=x-large]Key-Witness Kal: Part 1[/size]
[size=large]Roger Knights[/size][/align]
Part 1A:
The word “player” can mean either of two things:
1. A person on a team’s roster;
2. A participant in a game.
Which of those meanings is intended is determined from context:
1. If a person says, “I was a player for the Chicago Bears,” we understand that he was on the team’s roster, even if he never played in a game (e.g., if he functioned as a backup quarterback or place-kicker).
2. If a person says, “I was a key player in the Super Bowl,” and “my plays sank the opposition,” we understand him to be saying that he was not just on the roster and physically present in the stadium, but that he played in the game.
It would be an equivocation for a man to say, “I was a key player in the Super Bowl,” when the facts were that he was only a benchwarmer. I.e., he’d have misled his listeners if he used such phraseology. There’d be no excuse for it—he couldn’t claim not to know how they’d interpret his words.
=============
Part 1B:
What does all this have to do with the price of peas in Peru? Well, on his website Kal Korff claimed, as pointed out in December 2006 by Paul Kimball, to have been “a key, expert witness
in the O.J. Simpson murder trial civil lawsuit.” This is analogous to claiming to have been a player
in a Super Bowl. (A thread with links to PK’s posts on this matter can be found here:
http://kkkorff.blogspot.com/.)
Furthermore, on Rob McConnell’s XZone talk-show (of the night of Dec. 28, 2006, at about the 3:20 mark), Korff stated.
I was one of the star witnesses in the O.J. Simpson civil lawsuit effort, which was successful. It resulted in a multi-million dollar award judgment. My specific involvement in that case was that I was the expert witness who sank the testimony of Robert Groden over the issue of whether the photos that showed Simpson wearing the Bruno Magli shoes were forgeries or not. They were arguing that they were, that he didn’t own the shoes. We were able to show that that’s not true and that Mr. Groden’s testimony was not credible. And I was the guy that sank it, and it* was accepted was accepted by the court and was one of many key factors in the ruling.
* The listener would tend to infer that the “it” that “was accepted by the court” was Korff’s testimony, since the words preceding the “it” are “I was the guy that sank it and.” That is the closest referent, and that is the one that listeners take to be the one being referred to. Listeners wouldn’t interpret the “it” as meaning
the argument that the plaintiffs lawyers put forth that Groden’s testimony was not credible. That was the implication of the previous sentence.
(Note: For a fee, a CD or podcast of this broadcast, and other Xzone broadcasts in which Kal appeared, can be obtained from
http://www.iradionow.com/Show.aspx?showcode=xzon)
But when Paul Kimball looked up the list of witnesses
in that trial in Court TV’s online site, he discovered that Kal wasn’t on it. He thereupon charged that Korff—a “hard-hitting,” “holding-accountable,” “taking-no-prisoners,” “tru-sading” (his terms) stone-thrower—was secretly a sinner too.
(Gee, who’d-a-thunk it?

)
===============
Part 2A:
Let’s switch back to our football player. Suppose someone charged him with a similar deception, by pointing out that he wasn’t listed as a player in the Super Bowl. And let’s suppose he responded as follows:
I was a player in the game because I was on the team’s roster for that game. Not all players get called upon to go out on the field. That’s reality. So it’s outrageous to suggest that I wasn’t a player in the Super Bowl. First, I WAS on the roster of my team as a player and, second, I WAS in the Super Bowl. Here’s a photo of me in the stadium alongside the coach to prove it.
Furthermore, “my plays” were ones I suggested to the coach at crucial moments of the game, and that he sent in to the QB; they decided the game. So it’s outrageous to deny that my plays won the game—there must be a thousand newspaper stories where a “coach’s plays” are credited as being the factor that won the game.
The above is a staggering combination of quibbling and
chutzpah. It shamelessly pretends that context (see below) plays no role in defining the intended meaning of a word. In this case, the context was his claiming to have been a player
“in” a Super Bowl, especially claiming to have been a
“key” player, which implies that he actually took the field, not that he was merely on the roster. That implication in turn supplied the context within which “my plays” implied that they were ones he personally executed, not that he merely suggested from the sidelines.
Context: 1 : the parts of a discourse that surround a word or passage and can throw light on its meaning.
--The Merriam-Webster Dictionary
Context: the language that precedes and follows a series of words, such as a particular sentence or clause. The context of a legal document is often scrutinized to shed light upon the intent of an ambiguous or obscure sentence or clause so that it may be interpreted as its drafter intended.
--The Oxford Law Encyclopedia
Ludwig Wittgenstein and a number of philosophers after him argued that “meanings” are not entities tacked onto language …. The meaning of a word—or a sentence—is its use; words mean what words do, and how they cooperate with all of the other words and sentences in a language to do their job.
--David L. Smith, Why We Lie, p. 124
=================
Part 2B:
Back to our Peruvian peas. In defending himself against Kimball’s charge, Korff (on the XZone show of the night of February 15, 2007) conceded that he didn’t actually testify as a witness in the trial, but went on to offer a quibbling defense like that of the bench-warmer’s above. Here’s what he said:
No, I never appeared before court. I never claimed that I did. So for him to expose me for never appearing before court—that’s a claim I never made.
OK, so then he [Kimball] says, “He never testified, ergo he could not, by any legal definition, be a witness.”
Well I’m sorry. The first definition of a witness, and you can look it up in any dictionary, is: Anybody who can provide a first-hand account of something. And I absolutely did. [Not really, because he was an expert, or second-hand, witness, not a material witness.]
As my information does show on the website, Kimball’s wrong, again. I coached the lawyers so that we could take down the testimony of Robert Groden …. So I did coach the lawyers.
(He stressed “did,” which amounted to a diversionary insinuation that someone had said he hadn’t done so.)
Kal’s defense ignores the role of context in determining which of the various meanings of “witness” was conveyed by his original statement. The
Random House Dictionary gives five definitions of the noun form of “witness.” (Though the last two are mostly irrelevant here, I’ve included them for completeness.) The “examples” below are ones I’ve provided:
1. A person who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness.
Example: “I was a witness
to the Simpson murder.”
2. A person or thing that affords evidence.
Example: “I am an expert witness
on photo-manipulation.” This is a second-hand “expert witness” who CAN testify about matters within his area of expertise.
3. A person who gives testimony, as in a court of law.
Example: “I was a witness
in the OJ Simpson case.” This is a “court-case witness”: one who testified under oath in a legal proceeding.
4. A person who signs a document attesting to the genuineness of its execution.
Example: “I was a witness
to her will.”
5. Testimony or evidence:
to bear witness to her suffering.
The audience is guided by the context to infer which of the meanings of “witness” is the one intended. For instance, in example #4, “I was a witness to her will,” the context of “her will” and the conjunction “to” after “witness” implies that he personally signed his name to her will. It would be a dissimulation to use those words if he were a “witness” only in the sense of definition #1. I.e., if he had merely
observed the signing of her will. But this is the sort of thing that Kal has done.
The conjunction chosen indicates the meaning intended. That is, you can be a witness
to something,
on something, or
in something. For instance, to indicate you were a witness
in a legal proceeding, you use the word
“in”, along with the name of the proceeding. There is no justification for using that conjunction in connection with the other two sorts of witnessing. It would be misleading to use the words “in a lawsuit” if you had been only a non-testifying witness
to or
on something.
A
witness in [a] lawsuit isn’t any old witness—i.e., one who merely has knowledge that he
can testify to or about (definition #1 or #2). A witness “
in a lawsuit” is one who has knowledge that he actually
did testify to (definition #3). That’s its meaning, to any native-English speaker. There’s no way for a person to have been
a witness in a lawsuit and not to have testified.
To sum up: You can be a witness INSIDE a trial, or one OUTSIDE a trial. If you use the word “IN” in conjunction with “witness” and the name of a trial, you are telling your audience you were a witness INSIDE a trial. “In” doesn’t mean merely
peripherally involved in a trial, although perhaps “in” has that meaning in Czech. “Peripherally involved in” means OUTSIDE the trial; and if you were OUTSIDE the trial, you can’t say you were “in” it.
Korff’s other words and statements also led his audience to believe that he actually testified at the O.J. Simpson trial, namely:
1. Being “a
star witness in [a] lawsuit effort” is the very opposite of being a non-testifying, behind-the-scenes, consultant-type “expert witness,” which is what he actually was. A “star” witness is one whose light has shone forth brightly for all to see, not one who has been hidden under a bushel. The Random House Dictionary gives, as its first definition for the adjectival form of “star,” the following: “celebrated, prominent, or distinguished; pre-eminent;
a star basketball player; a star reporter.” No one who sat out a game would say he starred in it. (Barring Kal Korff.)
2. He said, “
I was the guy that sank it” [Groden’s testimony], his “I” implying a direct involvement—i.e., a personal appearance in court.
3. Korff stated (in his comment on Paul Kimball’s December 29 blog-post), “I provided the expert
testimony to tear down and tear apart Groden's testimony.” The
Random House Dictionary gives two definitions of “testimony” that are relevant here:
1. Law. The statement or declaration of a witness under oath or affirmation, usually in court.
2. Evidence in support of a fact or opinion; proof.”
Korff provided testimony only in the second sense. I.e., he “testified” to the plaintiff’s lawyers his reasons for thinking that Groden’s interpretation was wrong (definition #2). But the word “testimony” is rarely used nowadays in that sense—for merely offering an opinion when not under oath.
In addition to that, definition #1 is what an audience will be led to infer when a courtroom context is provided—especially when there’s other context supporting that inference, such as a claim that “I was a key witness in [a] lawsuit,” and a mention of tearing down “Groden’s testimony,” which
was courtroom testimony. Korff’s equivocal use of words once again misled his readers.
Notice also his lawyerly phraseology, which gave him an escape hatch if he were accused of being misleading:
• He didn’t say “lawsuit,” but “lawsuit effort.”
• He didn’t say, “I testified,” but “I provided the testimony.”
• He didn’t say “key witness,” but “key, expert witness.”
Only a lawyer’s ears would prick up at that unnecessary verbiage, because only a lawyer is trained to examine phraseology with a microscope, looking for hidden qualifications and wiggle room. 99% of Kal’s listeners would pass it off as his normal verbosity and miss his sleight of hand. They’d think, for instance, that “lawsuit effort” meant “lawsuit,” and that “key, expert witness” meant “a key expert witness,” not “an expert-witness consultant who was a key in the plaintiff-lawyers’ effort to win a lawsuit.”
These weasel words to allowed him to “act innocent” later if it became necessary. (Answers.com defines
weasel word as: “An equivocal word used to deprive a statement of its force or to evade a direct commitment.”)
Kimball unfortunately failed to deconstruct Korff’s linguistic shell-game. I.e., he didn’t point out Korff’s misuse of context to convey a misleading impression. He merely insisted that “witness” meant a witness in a courtroom, period. Thus he had no counter to Korff’s sophistical insistence that “witness” did NOT necessarily mean a courtroom witness. This is the counter I’ve provided here: “I was a witness in a lawsuit” or “I was a star witness” can mean only a courtroom witness—i.e., one who testified.
=========
Part 3: Summing up for the Prosecution
Korff said:
No, I never appeared before court. I never claimed that I did. So for him to expose me for never appearing before court—that’s a claim I never made.
Not in so many words, not explicitly—but he made that claim implicitly, by saying “witness in a trial.” Misleading people in this fashion is just a slicker version of outright lying:
Lying in the grand manner, the red-blooded and wholly outrageous disregard of truth, is certainly on its deathbed if not in its grave. No longer do we propagate a whopper and then bolster it up by a whole series of more outlandish perjuries. Oscar Wilde’s diagnosis was correct. The decay of lying—of the healthy, hearty variety—was chronic and has, alas, proved fatal.
Yet the apprentice prevaricator with an eye to the future need not lose hope. Nothing is more certain than that falsehood crushed to earth will rise again. And today the lie, entrenched for centuries in the social field, has finally blossomed anew.
………………………….
Almost unnoticed the new school of false witness has sprung into being, remarkable even now for its subtlety, for its enormous ramifications and for its well-nigh limitless possibilities. It combines the ulterior motive of propaganda with the joyous self-aggrandizement of the classical school of misrepresentation, and has the clear advantage over other types in leaving the not-too-astute conscience immaculate. The meticulous creation of a sound false impression has already been elevated to the realm of Art.
…………………………
And the beauty of the art is that not one word is uttered which in itself isn’t straight and aboveboard gospel truth. The liar actually does no lying: the li-ee is merely led gradually to a wholly inaccurate conclusion, and the responsibility is his all the way through.
—Edward Acheson, “New Deal in Lying,” Coronet, February 1939
===============
Part 4: Potential “Judges”
You will get 1,700,000 hits if you type
“expert witness directories” into Goggle, or if you click on the link below:
expert witness directories - Google Search
There are scores of such directories. They each list the names of numerous experts who are prepared to testify as expert witness. Under each name is a description of the expert’s qualifications. These entries are cobbled together by the directories’ copy editors out of raw material provided by the experts themselves. (Presumably in response to a questionnaire.)
A listee’s qualifications sometimes include an indication of how often he has testified, and occasionally the notable cases in which he did so. Lawyers prefer to hire an expert who has actually taken the stand, especially in “big” cases, because that is a clue that he sounds credible and can “take the heat.” Listees who claim such experience gain an edge, because they are more impressive, IOW.
I’ll eat a bug if any of the directories’ editors and readers wouldn’t consider themselves misled if a listee stated that he had been a witness in a certain trial, when he had actually only been consulted by the lawyers. (It would matter not a whit if he had been an uncalled on-call witness.) Such a listee would, I am sure, be severely reprimanded, and perhaps delisted, with the unanimous backing of the other listees.
This can be put to the test by polling the top dozen directories in Google’s search-results list about their opinion on my claim above. Their e-mail addresses could be obtained from their sites.
Similar e-mails could be sent to
legal advice columnists, many of whom can be found online by plucking appropriate items from a Google search for “(legal advice OR law) (column OR columnist)”. Here’s a link with that search built in:
(legal advice OR law) (column OR columnist) - Google Search
And the faculty of law schools, or
law-journal editors could be polled. I suggest PK start with his alma mater.
+++++++++++++
Note (for the sake of completeness): You can also say you were a witness
for something, such as “I was a witness
for the prosecution.” This implies a legal proceeding too, when a trial-related term like “prosecution” is used.
Another PS (added August 25):
“at” can be a synonym for “in,” when used in a phrase like, “I was a witness
at the OJ Simpson civil lawsuit.”
Part 2 of this article, when I get around to it, will examine the non-central issues in this dispute.