Attorney Cynthia Gifford was gleeful after court two weeks ago. She had rattled Tracy into giving long, involved answers that exasperated Judge DiSegna enough to scold her: "But I'm giving you accommodations!"
Not quite, for the judge does not allow Tracy's ADA assistant (under the Americans with Disabilities Act) to sit close enough to touch Tracy during cross-examination. How can the assistant overcome a nervous system that grows frantic under aggressive questioning?
The assistant's touch could break through the panic. She could slide a card into Tracy's view that reminds her: YES or NO. Touch is essential for someone with a neurological disorder.
Seating this assistant so far away is like saying to a sign-language interpreter for the deaf: "Just don't use your hands." What kind of accommodation is that?
Judge DiSegna asks repeatedly: "Do you need a break?"
The Mean Girls take charge on the breaks like troubled sixth graders--Gifford's partner, Cherrie Perkins, and her posse. They shadow Tracy if she leaves the room.
In the courtroom, Perkins clatters her bangles, smirks and stomps. Outside the courtroom, she points her finger at her head and turns it in circles.
