Plaintiffs’ attorney Roxanne Conlin has decided not to call Bill Gates and Steve Ballmer in her case-in-chief, contrary to her earlier strategy. Conlin reconsidered her position after Judge Rosenberg ruled that Microsoft could question Gates and Ballmer directly after Conlin rather than waiting until Microsoft presented its side of the case. Instead, Conlin will now show the entire videotaped deposition of Gates taken during the federal antitrust trial in the late 1990s.
It could be a good move by Conlin but I think it is a bit unusual for her to be changing course after her initial announcement. Sounds like a little indecision on her part. It’s possible the move hurts Microsoft a little bit because I am sure the company’s lawyers would have liked to question Gates right after Conlin’s examination in order to rehabiliate him. The video does not show Microsoft’s CEO in the best light but it was taken several years ago. Will jurors think Conlin has something to hide by not calling him directly?
At this point, opening statements continue on. Conlin’s opening is expected to last at least a few more days.