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 […]

Listening And Watching – Use All Your Senses

I’ve often watched lawyers in trial frantically writing down whatever the witness is testifying to on direct examination.  The lawyer writes the witnesses answers on one side of a piece of paper and then writes comments on the other side.  Head down, face buried in his/her pad, pen frantically writing, the lawyer thinks that he’s […]

“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 […]

Twisting Them Up

Once in a while, if the cross examine is persistent enough, a witness just loses his cool.  The witness, pressed for information by a dogged cross examiner, becomes impatient and reveals that he is just not believable by answering a question defiantly and nonsensically.   A killer cross examination can reveal a witness to be […]

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 […]

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 […]