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In 1995, when I was the new Key West city attorney, Duck Tours sued the city for allegedly allowing Historic Tours of America a sightseeing monopoly, so I asked the City Commission in an executive session for instruction. Only one misreported phrase, rather than the entire transcript of that 1995 session, was shown to the jury in the 2005 Ducks trial, and I've been maligned by the constant repetition of the phrase ever since.
At the 1995 executive session, I reminded the commissioners that Historic Tours of America didn't need the licenses it had because it had a franchise. I asked if they wanted to give licenses to the Ducks by creating more, or by taking some away from Historic Tours. I also asked if, instead, I should just continue to let the case wind its way through the courts. This last question was somehow mis-transcribed as "charge on ahead and grind them into the dirt."
At the 2005 Ducks trial, the misquoted phrase was presented to the jury by a Ducks attorney asking city employee Carolyn Walker, "So you didn't hear Ms. Covan, the city attorney, ask for and receive instructions to grind the Ducks into the dirt; is that right?" She agreed that she did not. (And we assume she never saw me murder the grocery clerk and she doesn't know if I still beat my dog.) The question was not asked of anyone who was at the session.
When I received the transcript of the 1995 session after the 2005 trial, the court reporter said she was embarrassed because she was a "baby" court reporter back then and made so many mistakes in it. But even if that macho phrase had been mine, it would not have caused the jury verdict.
The problem was that only that phrase was read. Had the jury been allowed to hear the whole transcript, it would have known that there was no prejudice or animosity expressed against the Ducks by anyone at that 1995 executive session.
Diane Covan
Key West