Bad cross examination wastes time and typically sinks the client further into the abyss. Good cross examination however is revealing… It reveals facts, motives, biases and errors that would otherwise be covered up or overlooked. Today, a good cross examination exposed the blurred lines between the judiciary and the police, a frequently occurring phenomenon as judges act more and more like members of law enforcement and not independent referees or ministers of justice.
Today, I cross examined a police officer on his conduct. It was extremely productive but one subject it was eye opening:
He admitted that prior to being sworn in or submitting an affidavit to the judge, he had a telephone call with the judge where he gave her details and she even asked questions. The off-record conversation was not recorded, was not on the record and it was usworn.
My jaw hit the table. The office reluctantly admitted as much and only after he realized what he admitted did he try and back away from it but … there it was.