On July 5 (pg. 64 of 70):
Justice Gableman said at this time his mind also went back to September 18, 2008, a date that he recalled because it was his birthday. Justice Gableman said he had been on the court for approximately one month at the time ...Now on September 1:
I was uncertain as to whether Justice Bradley struck me on September 18, 2008, or September 18, 2009. I knew it was September 18 because that happens to be my birthday. Court records indicate that the seven Justices did, in fact, meet in closed conference on September 18, 2009.Uncertain how long he'd been on the court.
Gableman also told the police:
Justice Gableman said he has not told anyone about that incident and has not talked about that incident with anyone, including Justice Bradley, after it happened.Then Justice Ziegler tells the police (page 69 of 70):
She then said, recently Justice Gableman told her about Justice Bradley hitting him on the back of the head, but she said she did not have any details of that and did not know when it happened. Justice Ziegler said she could not be specific on when Justice Gableman told her that happened.Gableman's interview was on July 5, and Ziegler's was on July 18, so presumably Gableman told her about the September 18, 2009 (née 2008) incident after July 5. But Ziegler hadn't known anything about it.
Even though Justice Zeigler would have been present.*
* And as the ever-vigilant gnarlytrombone points out:
"Not only present, but a witness: 'Justice Gableman said that he believed Justice Bradley was not joking because nobody was laughing at the time.' [page 64 of 70] i.e., they had to have seen it happen to choose not to laugh. Because it was serious. But not memorable."