Bringing a Missing Witness to Life
Have you ever had to present a deposition or interview transcript to the jury? How did you do it? Some time ago, I was asked to help a friend present the transcript of an interview in a murder case he was prosecuting. There were just a few problems with presenting the interview to the jury: The interview was conducted in Spanish, not English, so he couldn’t play the original audio recording. Not everything in the interview was relevant to the case, so the jury would only be...
Read MoreAvoiding Gunfights During Cross-Examination
If you were in the police academy, one of the most important things you would learn is how to keep safe when you’re out on the street. To stay safe, you’d want to learn how to prevent verbal confrontations from escalating into physical fights, and how to prevent physical fights from escalating into knifefights or gunfights. As it turns out, one of the easiest ways to prevent situations from escalating to the next level is by keeping your emotional level lower than the perp’s emotional...
Read MoreIs your deposition record worthless?
The depositions were taking longer than expected, and they were some of the most boring depos I’ve ever attended. As we approached 3 o’clock, I could barely keep my eyes open. Luckily, closing my eyes for a brief moment helped me “see” what the deposition transcript would “look” like, and helped me understand the differences between talking to a witness, versus talking to “the record.” Take a look at two sample questions that were asked: “This blood here, is that from this general...
Read MoreHang ‘em with their own words!
We were halfway through the direct examination of my star witness when I asked, “What did you hear Mr. Thomas say?” Even if you got a “D-” in your evidence class, when you saw that question you instinctively thought to yourself, “Objection! Hearsay!” My question called for the most obvious objection in the world, right? That’s why it’ll probably surprise you that my opponent didn’t jump up from his seat to yell “Objection!” In fact, he didn’t say a word. He just...
Read MoreImpeach Witnesses by Creating an Effective Record at Depositions
The depositions were taking longer than expected, and they were some of the most boring depos I’ve ever attended. As we approached 3 o’clock, I could barely keep my eyes open. Luckily, closing my eyes for a brief moment helped me see what the deposition transcript would look like, and pointed out the difference between talking to the witness and talking to the record. Take a look at two sample questions that were asked: “This blood here, is that from this general...
Read MoreResources for Trial Lawyers
