Vinny and Lisa burst in.
VINNY
Your honor, the defense calls as it's first witness, Ms. Mona Lisa Vito.
LISA ••• is shocked. She tries to leave. He holds on to her.
TROTTER
Objection. This person is not on the witness list.
VINNY
(triumphantly brandishing the book on court procedure)
This witness is an expert in the area of automobiles and is being called as a witness to rebut the testimony of George Wilbur.
LISA shakes her head and turns and walks out.
VINNY
Your Honor, could you instruct the bailiff to lead Ms. Vito to the stand.
JUDGE
Bailiff?
The bailiff runs outside and comes back with a very pissed-off
Lisa. She glares at Vinny as she passes him. She's led to the
stand.
BAILIFF
Hold up your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God? '
LISA
Yeah •••
VINNY
Ms, Vito, you're some kind of an expert in automobiles, is that correct?
\
Lisa glares at Vinny. She sits there, the quintessential
unfriendly witness, arms folded, and staring at Vinny.
115,
113 CONTINUED:
JUDGE
Will you please answer the counsellor's question?
LISA
No. I hate him.
VINNY
Your Honor, may I have your permission to treat Ms. Vito as a hostile witness?
LISA
You think I'm hostile now, wait 'til you see me tonight.
JUDGE
Do you two know each other?
VINNY
She's my fiancee.
JUDGE
Well, that would certainly explain the hostility.
TROTTER
Your Honor, I object to this witness - improper foundation. I'm not aware of this person's qualifications. I'd like the opportunity to voir dire the witness to the extent of her expertise.
JUDGE
Granted.
(to jurors, explaining)
The prosecution is going to ask Ms. Vito a few questions to determine if she is qualified to testify as an expert on the subject of tire mark identification.
(to Trotter)
Mr. Trotter, you may proceed.
TROTTER
Ms, Vito, what is your current
( profession?
LISA
I'm an out-of-work hairdresser.
113 CONTINUED: (2)
TROTTER
And in what way does this qualify you to be an expert in automobiles?
LISA
It doesn't.
TROTTER
In what way are you qualified?
LISA
Well, my father was a mechanic, his father was a mechanic, my mother's father was a mechanic, my three brothers are mechanics, four uncles on my father's side are mechanics •.•
TROTTER
Your family is obviously qualified, but have you ever worked as a mechanic?
(
LISA
In my father's garage - yeah.
TROTTER
As a mechanic - what did you do in your father's garage?
LISA
Well ••• tune-ups, oil changes, brake re-lining, engine rebuilds, rebuilt some trannys, rear-ends •••
TROTTER
Does being an ex-mechanic necessarily quality you as an expert on tire marks?
LISA
No.
(gets up to leave stand)
Thank you ••• goodbye.
JUDGE
Sit down and stay until you're told to leave.
(
She sits, gives the judge a 'look' that was previously used for
Vinny.
113 CONTINUED: (3)
VINNY
Your Honor, Ms. Vito's expertise is in general automotive knowledge. It is in this area that her testimony will be applicable. If Mr. Trotter wishes to voir dire the witness to the extent of her expertise in this area, I'm sure he'll be satisfied.
JUDGE
Okay.
Trotter sees this has a healthy challenge - stump the witness.
,•
TROTTER
Alright, .•
(to Lisa)
Being an expert in general
automotive knowledge, can you tell
me .•. what would be the correct
ignition timing for a 1955
Chevrolet Bel Air, with a 327
( cubic inch engine, and a four
barrel carburetor?
The judge leans forward, ready to be impressed. The jury too is
listening intently.
LISA
(squirms impatiently)
That's a bullshit question.
TROTTER
Does that mean you can't answer it?
LISA
It's a bullshit question. It's impossible to answer.
TROTTER
Impossible because you don't know the answer to it?
LISA
Nobody can answer that question.
TROTTER
(to judge)
Your Honor, I move to disqualify Ms. Vito as an expert witness •••
2/7/91
113 CONTINUED: (4)
JUDGE
(to Lisa)
Can you answer the question?
LISA
No - it's a trick question.
JUDGE
Why is it a trick question?
LISA
Chevy didn't make a 327 engine in '55. The f.27 didn't come out , 'til '62 and it wasn't offered in the Bel Air with a four barrel carburetor.'til '64.
(adding)
However, in '64, the correct ignition timing would be 4 degrees before top dead center.
The judge and jury are impressed. Vinny•s·proud.
TROTTER
(reluctantly, but undeniably impressed)
She's acceptable.
Vinny gE1tS up.
VINNY
Your Honor, this is. a photograph
my fiancee took outside the
Sac-o-suc:111. can we agree on
this?
TROTTER
(glancing at it)
Yes.
VINNY
I'd like to submit this
photograph of the tire marks as
evidence.
The Judge looks at Trotter.
TROTTER
No objection. *
Vinny shows Lisa her photograph. *
VINNY
A. - , II.,.? . ~
2/7/91
118A.
113 CONTINUED: (6)
LISA
'lou know I did. *
VINNY *
And what is it of? *
LISA *
You know what it's of. *
VINNY
Ms. Vito, it has been argued by me, the defense, that two seta of guys met up at.,the same •sac-o-suds' at the same time in ' Wahzoo City, Beechum County, Alabama, driving identical metallic mint green 1964 Buick Special convertibles. Can you tell, by what you see in this photograph, if the defense's case holds water?
,.-
113 CONTINUED: (5)
Lisa looks at the photo again, but this time ... INSERT TIRE
PHOTO.•. something occurs to her - what she sees in the picture
in incontrovertible proof of the boys' innocence - it dawns on
her, Vinny will win the case - and she can help. She looks at
Vinny, smug as he can be. Vinny shrugs amiably.
VINNY
Ms. Vito, could you please answer the question? Does the defense case hold water?
LISA
No. The defense is wrong.
VINNY
(beat, toying)
'Are you sure'?
LISA
Positive.
VINNY
How can you be so sure?
(
LISA
Because there's no way these marks could've been made by a '64 Buick Skylark.
(looks at photo)
These marks were made by a ..'...§1 Pontiac Tempest.
TROTTER
(hisses)
Objection, Your Honor. could we clarify to the court whether the witness is stating opinion or fact?
JUDGE
(to Lisa)
This is your opinion?
LISA
It's a fact.
VINNY
I can't believe this kind of information can be ascertained
( simply by looking at a photograph!
LISA
Would you like me to explain?
llJ CONTINUED: (6)
VINNY
I would love to hear this.
JUDGE
So would I.
LISA
(referring to photo)
The car that made these two, equal length tire makes, had Positraction - You can't make those marks without Positraction, which was not available on a '64 Skylark.
VINNY
Why not? What is positraction?
LISA
It's a limited slip differential that distributes power equally to both the right and left tires.
(Trotter and Wilbur quietly exchange
(
words.)
The Skylark had a regular
differential which ••• anyone's
who's ever been stuck in the mud
in Alabama knows that when you
step on the gas, one tire spins
and the other does nothinq.
The jury knows that, and so does the judge, and the bailiff.
Trotter knows it too, and his lack of expression says so.
VINNY
Is that it?
LISA
No, there's more.
(points to picture)
When the right wheel went up on the curb, the left tire mark remains flat and even. The '64 Buick Skylark has a solid rear axle, so when the right wheel goes up •••
(demonstrating with her fingers)
••• the left wheel tilts out and rides on it's left edge. But this didn't happen here.
(more)