Cornering The Witness In A Deposition | Vince Colella Delivers A Killer Cross

While we criminal defense lawyers seem to have reason to conduct the most cross examinations, once in a while one of our brothers and sisters in the personal injury/civil litigation field conduct a meaningful cross examination that warrants mention.  I’ve seen my longtime peer Geoffrey Fieger do it.  Gerry Spence too.  Both have cross examined […]

Cornering The Witness/Informant

We just finished two (2) long trials.  Both involved difficult facts and difficult circumstances.  And both involved informants or cooperating witnesses testifying for the prosecution.  Cross examining a cooperator or informant is not for the feint of heart … it requires listening, persistence, patience, wit and a plan or attack.  Some lawyers just want to […]

You’re Holding My Pen: Proving A Point During A Cross Examination

The Phone It was quite a sight.  The seasoned police detective had been on the witness stand for awhile.  He had testified on direct examination and been cross examined for a while by several lawyers.  The “the pen” happened.   “The pen” is one of those moments that makes the courtroom stand still and it […]

I’m Not Going To Be Cross Examined By “That” Lawyer

So the worst kept secret in Michigan is out:  it is not fun to be cross examined by me.  Not fun at all.  I wouldn’t compare it to getting one’s teeth pulled.  However, I would compare it to trying to out punch your shadow.  Trying to fend me off is tiring and usually pointless.  It […]

Fun Friday | Two Excerpts From A Masterpiece Cross Examination Of A Seasoned Cop

In a racketeering and criminal enterprise case involving four (4) top lawyers, it fell upon me to cross examine the cop that was the centerpiece of the state’s case.  I knew that was my purpose in being in the case and I made sure that I rose to the occasion.  The clients and lawyers were […]

Establishing Bias Of An Informant With Active Listening – In The Moment

I’ve always preached that you have to be “in the moment” when cross examining a witness.  While its okay to have notes and an outline, you must listen to the witness in real time and react to what he/she says.  In a recent case in which I cross examined an informant, the witness let slip […]

Patience, My Friend – How Being Patient, Actively Listening And Cornering A Witness Reveals A Lie

Be patient, son. How many times have I heard that phrase in my life?  How many times have I said that to others?  Many.  Likely too many to recall and too many to count.  Yes, patience is a virtue but I’m not a patient person.  However, a killer cross examination requires patience and more — […]

“Actions Speak Louder Than Words” – A Recent Killer Cross Examination – “The Cross of Gray”

A theme can make all the difference between a rayood cross examination and a killer cross examination.  Our them was “actions speak louder than words.”  This is the story of the cross examination of a seasoned officer based on a theme of “actions speak louder than words.” The hearing in the racketeering case began on […]

If A Cop Could Tap Out During Cross Examination – This Was That Time

Ronda Rousey is famous for her ability to quickly force a victory by submission in professional mixed martial arts fighting. Getting opponents to tap out, i.e., submit and quit, is quite an accomplishment and Rousey has it down to both a science and an art form.  The tap out, i.e., sign of submission, is just […]

“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 […]