Tag Archive for: former prosecutor

“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”

Killer-Cross-Examination

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 cross examined him. Ask those in the attendance whether his caginess or attempt to “talk back to me” worked. I suggest that most in attendance realized that he was only digging himself a deeper a hole.  I kept the shovel in his hands.  

Here is a summary of just one portion of the killer cross examination of this informant-witness:

 Q:        You would lie to get yourself out of trouble?

 A:         No.

 Q:        You’ve admitted as much under oath in the past, right?

A:         No.

Q:        You testified in oath in {this other case}?

 A:         Yes.

Q:        Weren’t you asked this question, “You would like to get yourself out of trouble?” and your answer was, “Yes.”

A:         Yes.

Q:        So you lied earlier today?

A:         No.

Q:        You denied that you’d lie to help yourself get out of trouble and you denied that you said that under oath earlier.   Those were lies, right?

A:         Yes, I guess.

Q:        There’s not much to guesswork in that is there?

A:         I don’t know what you mean.

A killer cross examination can expose the witness’s willingness to lie but also by addressing each aspect of the lie, e.g., in the past, in the present, etc., reveals the witnesses willingness to continually lie even in court.  When a witness is digging himself a hole, make sure that you keep the shovel in his hands and get him to keep digging. 

(This is a summary of an excerpt of one portion of the cross examination of the informant.   It is not meant to state that this is an identical transcript or verbatim copy of the transcript.)

Stay tuned from more revelations from the cross examination of the informant in the Morrow case as well as cross examinations of the officer in charge – those too proved to be quite revealing.

 

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