Tag Archive for: federal crimes

Criminal Defense Attorney Rockind’s Cross Examination “Shakes Up” A Cop

IMG_1944

Shaken Up.  A cop reported to the officer in charge of a case that my cross examination of him “shook him up.” His description sounded like he had been “hypnotized” in a way. I kid you not!

The cross examination really shook me up.

This is one of the greatest testaments to my style of cross examination and it all happened in open court.

What happened? Here is the story:

I mentioned an exchange between a detective and me on Friday during a hearing in court. The detective was caught violating a sequestration order and was under cross examination. The following exchange (being paraphrased here until we get the transcript) occurred:

Q: you spoke with officer [name withheld]?

A: about his testimony, yes. He felt he hadn’t testified well. He felt he was misrepresented.

Q: “misrepresented”?

A: yes

Q: so he was blaming me and the questions that I asked?

A: not at all. He was blaming himself. He felt like the questions made areas that were black and white grey.

Q: he testified falsely?

A: HE WAS SHAKEN. He said that that the cross animation SHOOK HIM UP.

Q: shaken?

A: yes. I could tell that he was shaken. He said that the cross examination really shook him up. I said, “you’re normally a very competent witness. What happened?” He said, “I don’t know…”

Q: I want to follow up on this? Like I hypnotized him?

A: Mr. Rockind, you’re a very good lawyer. Your cross examination is really good. If I could, I’d have you teach a class at the police department on cross examination.
While I won’t be teaching the academy or police departments hoe to handle my questioning, I have to admit that it felt good to hear that my years of practice and focus on cross examination paid off.

While some people can learn how to cross examination, there is an art to it as well. To learn more about our firm, Rockind Law, visit Rockind Law.

Neil Rockind

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 very derogatory fashion.  I had a tape recording of a conversation in which she had made this reference — it was a reference that was unlikely to be uttered or heard in the middle of a drunk driving case, but it turns out that it was one of the elements of a killer cross examination that helped obtain an acquittal for our client.  The case, one of the hardest that I have tried, involved the “switching seats” defense:  the claim that our client (the passenger) switched seats with the driver during the traffic stop in an effort to throw off the police.  The two were cousins.  Our client claimed to have switched seats.  When she was charged and prosecuted, she expected her cousin to come forward and tell the truth and free our client.  It did not go down that way.  Unfortunately, her cousin abandoned her.  Worse, her cousin turned on her and actually attempted to testify that she was only the passenger and that our client was indeed the driver.  The cousin was “cooperating with the prosecution.”  A killer cross examination was needed.  I delivered one.

This excerpt is a small part of the cross examination of the informant/cooperating witness in this case.  I will reveal more excerpts over the succeeding days and weeks.  Of course, you’re wondering how the derogatory reference became a part of a drunk driving trial?  Well … The witness and our client had talked on the phone about the case.  The phone call was tape recorded.  At one point, the pair discussed their judges (the cousin had an MIP).  The cousin stated that “they both sound like whores.”   A killer cross examination involves the use of wit and positioning of witnesses and so we positioned the witness to use this offensive quote.  I questioned her about respecting others and the Court.  She stated that she respected everyone, especially the Court.

Do you think that  referring to a judge as a “whore” is a sign of respect?

Read on for this and more of my cross examination of a cooperating witness in this case.

Page 69

 

Page 70

Page 71

Page 72

Page 73

Page 74

Page 75

Jarbo Page 76