Tobacco Trial Closing Arguments Delayed
Closing arguments in a cigarette-death trial were delayed Friday at the request of the plaintiff’s lawyer, who told the judge he was “prepared to be sent to jail” rather than go ahead with his summation.
Over strenuous objections by lawyers for Philip Morris Inc., Liggett & Myers and Lorillard Inc., the defendants, U.S. District Judge H. Lee Sarokin agreed to give Marc Z. Edell, lead attorney for Antonio Cipollone, the weekend to prepare his closing statement in the case, which stems from the lung cancer death of Cipollone’s wife, Rose, at the age of 58.
Sarokin set Monday morning for Edell’s summation, agreed to provide rebuttal time for defense lawyers who had already completed their summation, and said the jury will begin deliberation Tuesday. The case is now in its fifth month.
‘Logic Over Ego’
In Sarokin’s chambers, Edell said he was simply not yet prepared to make his summation. “At a quarter after 10 last night, logic took over from ego, and I came to the conclusion that . . . I would not be adequately representing my client if I were trying to wing it this morning,” he said.
Defense lawyers argued that the delay would prejudice their case by creating a gap of four to five days between their closing and the start of jury deliberations.
“I have never been involved in a case when a party got a weekend to prepare their summation,” said Peter Bleakley, a lawyer for Philip Morris. Edell responded by comparing the large team of tobacco company lawyers to “a pack of wolves that are smelling blood.”
Grants Rebuttal Time
The judge said he would grant the “extraordinary relief” sought by Edell because of the length and complexity of the case, but would also give defense lawyers an hour and a half of rebuttal time after Edell’s summation. Edell will then have a half hour for surrebuttal, since the plaintiff, having the burden of proof, is to be heard from last.
Cipollone has charged the three cigarette companies with responsibility for the death of his wife, who smoked their products for 40 years before her death in 1984.
