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 […]

Punch Them In The Face | Right Back At ‘Em Cross Examination Of An Expert

  He had just finished testifying for the prosecutor, offering an opinion that a certain amount of marijuana was being possessed for sale and delivery purposes rather than for personal consumption.  His reasoning was circular: It was the quantity.  The amount.  Mostly the amount.  What about it? Well, the amount… He continued to repeat that […]

A Look At Attorney James “Jim” Amberg’s Cross Examination Of An Informant

There’s a popular saying about how there are different ways to do something.  For example, there’s more than 1 way to skin a cat. In essence this sayings means that there are different ways to express the same sentiment or thought: different people have different ways to doing the same thing and both ways may […]

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 — […]

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 […]

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 […]

Transferring The Witness’s Testimony To Your Client, Victor Balta, Esq Of Moss & Colella

As I promised, we would share more than just cross examination excerpts from my (Neil Rockind’s) cases.  Where another lawyer thought that he/she had some interesting cross examination, I would welcome their submission and comment on it.  Victor Balta, a personal injury associate attorney with Moss & Colella, PC, a personal injury and police brutality […]