Comments on: Quick and Easy Trial Graphics

By: Tony

Tony — Wed, 07 Oct 2009 17:42:47 +0000

Aw come on…as soon as the Judge heard “wide turn” from the cop, the motion was in the bag. I like the idea of the article and have used similar tactics, just don’t BS us, OK?

By: Colin Kaufman

Colin Kaufman — Fri, 11 Sep 2009 19:18:20 +0000

Elliott – I’m also a big believer in demonstrative exhibits. I have three comments. First, if you are going to do an unplanned or impromptu drawing such as the example you used to introduce this piece, I always try to be the drawer “so,the defendant was standing on the southwest corner? Right here? Okay, I’ll just draw a big “D” there” – helps avoid the teeny-weeny illegible diagram and allows for a recovery if the witness misspeaks. Second, I strenuously try to avoid unplanned diagramming through witness prep – if he is going to draw, I want to see it in my office first. Third, a nearly standard response to this type of diagram in my jurisdiction (New York)on cross is to try to use my witness’s diagram for cross and mark it up to the point of illegibility. I always jump in and object to opposing counsel tampering with the evidence introduced on my case and am usually supported by the trial judge.

Also, don’t forget to photograph the diagram with all your action figures on it in their final position – the appellate court is going to want to see the exhibit as it was shown to the jury.

As always, great article.

By: Bill

Bill — Fri, 11 Sep 2009 13:17:49 +0000

Elliott, this article is terrific! It’s a succinct, pragmatic tutorial, complete with specifics — size of exhibit, magnetic backing, 2D or 3D figures, proper scale, etc. — on how to make witness testimony credible and memorable. One thing you might want to add is where to go for sources of the image that is the foundation of the exhibit — e.g., the intersection, the highway, etc. I have seen Google Earth images (intersections, highways, and neighborhoods) used by local prosecutors and defense counsel.

Thanks for a great piece.