Attorney Beats Pillow With Baseball Bat...
Sometime in the early 2000s, Adam Miller represented a client who broke his ribs in an auto accident. Since there was no treatment for broken ribs, the medical cost were minimal. Miller wanted to excite the jury and get them to award something for the pain and mental anguish. So he came up with his plan.
He would get his client to beat a pillow with a baseball bat to demonstrate to the jury the degree of impact on his ribs. So he calls his client down from the stand and over to his counsel table and hands him a baseball bat and positions a pillow on the table. Then he tells his client to show the jury what the impact felt like by striking the pillow with the bat.
The client complies and hits the pillow with a casual one handed swing. Nothing violent, nothing alarming. Miller, however, not pleased with the weakness of the attempt encourages his client to hit it harder saying, "Go ahead show them what it really felt like!". So the client does hit the pillow a little harder but still nothing to shocking. The move on to something else and that seemed to be the end of it.
However, during closing arguments Adam Miller had something else in mind. In the middle of closing, he positioned the pillow on the table. And he started working himself up getting more and more intense. Then he grabbed the bat and started wailing on that pillow. The pillow barely stopped any of the force. Miller struck four or five times before the judge, who was deaf, but clearly agitated from this scene began shouting in that muted tone deaf people have "Stop it! Stop it!"
Miller looked like he was ready to hit me or the defendant driver but he calmed down and finished his closing argument. The jury came back in 30 minutes and poured his client out. They got nothing.
But it was entertaining once again.