by Tom Liebmann, CLVS
I have to admit that the first time I encountered this phenomenon, I didn't bring it to the attention of my client. We were at a doctor's office in a center city high-rise, and I was set up and ready to go after running a successful test of my video equipment. When all the parties entered the room and were ready to start, I began to read the introduction. Everything was smooth until I placed the headphones on.
That's when I heard the music. It was not drowning out the questions and answers, but I could definitely hear a radio station in the background. According to my VU meters on the camera, it was getting recorded onto the tape.
I was pretty inexperienced at the time and I began to panic. I didn't hear the sound on my test so I figured the witness must have turned on the radio right before the start of the deposition. That was the only explanation I could think of, so I sat tight.
Fortunately, there was a break shortly after we started, and the attorneys left the room. I asked the witness to turn off the radio because it was being recorded in the background. He looked at me strangely when he informed me the radio was already turned off.
I took off the headphones . . . no music. I put them on . . . music. Somehow the radio was broadcasting through the electrical system. Since I was just a beginner at the time and couldn't explain the problem, I chose not to say anything to my client.
I still can't really explain it, but I have encountered the problem several times since. Someone did tell me to wrap the main power cord in aluminum foil which I carried with me until the next time it happened and found out that didn't work either. On a later occasion I simply changed outlets and that worked for the time being, only to have the broadcast appear halfway through the deposition.
Now when it occurs, I tell my client about the problem up-front. Since you can't hear it without wearing the headphones, I ask the client to put them on. Then I let him make the call: Do we look for another room or do we just let it play in the background. It's his or her call, and that takes a lot of pressure off the operator.
By the way, that first tape made it to trial and was played in front of a jury. I felt terrible that the music had never been mentioned to my client beforehand, and at the conclusion of the playback I apologized for not making him aware of it. His comment: "At least I didn't see anyone tapping their feet." I was lucky the radio station was not playing anything offensive for a jury. Could you imagine listening to . . .
- Topal's "If I Were a Rich Man" (when a witness thinks they deserve a big award.)
- The Eagles' "Lyin' Eyes" (when a witness' story isn't adding up.)
- Mary J. Blige's "No More Drama" (when a witness is exaggerating.)
- The Dixie Chicks' "Some Days You Gotta Dance" (when a witness has severe injuries to the legs.)
- Chicago's "Does Anybody Really Know What Time It is?" (when the witness is going into his seventh hour of testimony.)