“When the witness is digging himself a hole, keep the shovel in his hands”

Killer Cross Examination Snippet from P v Morrow “When the witness is digging himself a hole, keep the shovel in his hands” The informant took the stand to attempt to finish his “work” for the Straits Area Narcotics Enforcement (SANE) drug team. He thought he’d be cagey and try to argue with me as I […]

DUI Cross: The ABC Test Is Ridiculous

For years, police officers have used the “ABC’s” or alphabet test as a means of drunk driving or intoxicated driving detection. Cops can be heard doing the following:  Say the alphabet from A to T or say but don’t sing the alphabet.  There is no science behind this test as a means of detecting drunk […]

“32” Questions To Get To A False Statement

After the hearing, the prosecutor attempted to pay me a compliment: “I leaned in to tell the OIC that if I were in trouble, I’d hire you.”  I accepted the compliment.  I had just finished cross examining an experienced police officer, on the force for over 15 years and an experienced witness. He was battled […]

Unsettling A Complainant With The First Question

In 2011, I undertook the defense of a son whose father accused him of embezzlement, thefts and other financial crimes.  We anticipated a dogfight with the complainant, my client’s father. Why? He was a too proud man who was upset at the financial devastation that visited his veterinary practice and personal life.  He was too […]

An Excerpt Of A Cross Examination Of A Witness Cooperating With The Prosecution

The cooperating witness has many names:  cooperator, informer, snitch, turncoat, benedict arnold, betrayer, etc.  Many lawyers are afraid to confront the cooperating witness.  A killer cross examination is necessary to undermine the reliability of the witness and at the same time, undermine the prosecution’s case. A young lady referred to two local judges in a […]

Anticipating A Witness’s Testimony And The Setup Of A Witness’ Testimony Where Physical Evidence Or Logic Contradict The Witness’ Testimony | Killer Cross Examination

A key component of a killer cross examination is to identify and isolate moments where a witness testifies to a fact that is contradicted by physical evidence, photographs and/or common sense and logic.  While some lawyers choose to cross examine a witness without regard to the witness’ testimony (yes, there are several lawyers who actually […]