On what basis do you draw the conclusion that the Judge wouldn't have said this??
Perhaps I was being a little strong, but (1) the original context in which it was quoted suggested it was more likely a paraphrase than an exact quotation; (2) the use of #1 and #2 obscures whatever real words would have been used there, and is more typically a written construct than a spoken one [unless they represent "first" and "second"]; (3) the sentence was long enough, and not--to my knowledge--repeated, indicating that unless someone had immediate access to the stenotype or a recording (bearing in mind that many courts forbid people from bringing in recorders) it's likely the wording would be inexact.