Taking the Witness Stand: Effectively Speaking On Behalf of Children In The Courtroom Amy Fite...
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Transcript of Taking the Witness Stand: Effectively Speaking On Behalf of Children In The Courtroom Amy Fite...
Taking the Witness Stand:Effectively Speaking On Behalf of Children In The Courtroom
Amy Fite Prosecuting Attorney, Christian [email protected]
Rebeca Navarro-McKelveyAssistant Prosecuting Attorney, St. Charles [email protected]
General Guidelines for Witnesses
• Listen to the question asked and answer ONLY that question
• It is okay if you don’t know the answer-don’t speculate/guess
• Correct the prosecutor, the defense attorney, the judge if they misunderstand your answer
• If you don’t understand a question, or part of the information in question is incorrect, let the examiner know
• Portray confidence at all times
Goals During Testimony
• Want to make an impact on judge or jury
• Want to communicate your part of the story clearly and persuasively
• Want the judge/jury to trust you and have confidence that what you are saying/ explaining is accurate
•MIND CONTROL
• VOICE CONTROL
• BODY CONTROL
• IMAGE CONTROL
Stop, Prepare, then Testify
• Preparation begins when you are subpoenaed• Review your report, if you wrote multiple reports
review them all• Review property receipts for any evidence that
you may have seized or records you prepared• If you find evidence that needed to be
forensically tested, but was not, alert the PA and discuss this issue.
• Be aware that your investigation may have uncovered new or different information, and a supplemental report may be needed.
• If you are a 491 witness be sure you have turned over any and all statements of the child pertaining to abuse
• When documenting events use the same process every time
Meet in person, if possible
If you are subpoenaed by defense, State should still prepare you
Be familiar with pre-trial rulings that limit your testimony
Ask PA what your role is in the case
Ask the PA the purpose of the hearing
Discuss handling of objections as clues for answersDiscuss any errors in your reports that need to be corrected
Prepare for questions that maybe asked by defense
ANYTHING YOU TAKE WITH YOU ON THE STAND IS SUBJECT TO REVIEW BY THE DEFENSE
Pre-Testimony Prep Meeting: Clearing the Road for Effective Testimony
Exhibits
You should look at the evidence you seizedReview how you labeled it
Has there been additional writing added at the lab?
Location where you sealed the evidence should be untouched – the lab should have opened at a different location so your markings are identifiable
Likely will be asked to open an evidence bag if it is unique – such as drugs
If exhibits will be admitted go over the foundation for admission
Practice using demonstratives in an effective, not distracting manner
Be sure that audio or video evidence is clearly audible, if not send it for enhancement
VS.
If you made a mistake identify it, own it. and move on
REPORTS ARE NOT TRANSCRIPTS
Types of Pre-trial and Post-trial hearings
• Preliminary Hearings• Grand Jury Testimony• Motions to Suppress Evidence/Statements• 491 Hearing for Admission of a Child’s Hearsay
Statement• Protective Custody Hearing• Depositions• Sentencing Hearing
DEPOSITIONS Purpose
Legal purpose – defendant has right to discovery– Uses of deposition– discovery and
inconsistent statements (IMPEACHMENT) What are they?
– Defense counsel’s efforts to gather more information
– Defense counsel asks questions of you regarding the work you’ve done and your background
– Prosecutor will be there (but is NOT your lawyer)
– Court reporter will be there• What if they ask questions you are
uncomfortable with- personal questions, etc.?
DepositionsPrepare
– Review on your own whatever records you prepared or have as part of your case file– Medical Records, CAC report, police report, DSS reports, etc. Talk with prosecutor prior to deposition
– Ask if the deposition will be video-recorded
• Rules– Answer aloud (no shaking of the head)– Answer with words (no “uh huhs”)– Answer the question that is asked– Make sure you understand the
question before your answer• At the end you will be asked if you
want to review
The “Un” Deposition You may be contacted by the
defense attorney who wants to talk to you“Off the record”
Should you do it? What are your options?As an endorsed witness, defense has a right to talk with youHaving such conversations off the record leaves everything you say open to interpretation and risks your statements being taken out of context
Feel free to say to them “I’m happy to talk with you, but if you want to talk off the record, I’d like the State to be there. Please contact the prosecutor to arrange the meeting.”
Lil’ Wayne Deposition Testimony
ANGRY DEPONENT
Cross Examination: The Defense Attorney’s Chance to Testify
Expect leading questions-Statement that is turned into a question by inflection or tag lines
May be easy and simple or confrontational
No matter how vicious the attorney, maintain same posture, tone, and demeanor as you did on direct (staying calm and professional is crucial)
Assuming that you are being asked “yes or no” questions, if it is not possible to answer that way, ask “May I explain”-if the attorney says no he/she appears unfair
Avenues of Attack During Cross Examination
Don’t get on the “Yes” train, but do talk to the hand.
• Technique of using a rapid series of questions designed to getting you to answer “yes”
• So important to really listen to each question and think before answering
• Example in DUI case
• Technique used to control a witness that is non-responsive or that is responding in a way that the examiner doesn’t like
• Always talk to the hand, even if the face doesn’t care
CROSS EXAMINATION OF FACT WITNESS KENNEDY
RAPE TRIAL
CROSS OF DOMESTIC VIOLENCE EXPERT IN JODIE ARIAS TRIAL
CROSS EXAMINATION OF POLICE COMPUTER FORENSIC EXAMINER IN
ARIAS TRIAL
Re-Direct/Re-Cross • Prosecutor will be able to question
you again on re-driect– Should be limited to what brought
out in Cross Examination• Sometimes it’s not necessary (if cross
goes REALLY well)
– This is when the witness and the prosecutor can clear up any issues brought up by defense during cross
– This is when you might expect questions that may seem obvious to you
• Defense will be able to question you again (Re-Cross)– Should be limited to what brought
out in Re-Direct
Direct Examination • Expect open ended questions in
Direct• Questions designed to lead to a
narrative answer• The witness must tell an interesting
story (especially the fact and blended witness)
• Initial questions will be about background – Name– Occupation and how long– Education/Training– Experience– Current Assignment– Supervise others– Called to scene
Direct Examination of Blended Witnesses
• EASY QUESTIONS – Number of cases have you
seen/treated dealing with …– Procedure a victim, patient, child, etc.
goes through when arriving at your facility
– Records• You may be asked to lay the foundation
for their admission– Do you make a record of your
examination– At or near the time of your examination– Kept in the ordinary course of business– Have you had a chance to review the
records pertaining to …– Fair and accurate copy – Custodian of Records
After testifyingFollow-up with the prosecutor and ask any questions you have about what happened.
Think about whether there were answers you wish you could have answered differently and why.
If the prosecutor confused you or you felt unprepared for something let the prosecutor know.
You should be notified of the outcome of the case if you are not call and ask about the case.
You Rocked!
THANK YOU FOR PROTECTING OUR
CHILDREN