Friday, November 17, 2017

HOW NOT TO MAKE A RECORD AT TRIAL


WITNESS: He cut me right across here, right here, right up under here, over under here.
PROSECUTOR: May it please the Court, may we have permission to have him remove his shirt so we can show the jury that?
THE COURT: Yes, sir.
PROSECUTOR: Come over here, Mr. Williams, take your coat off. Step right over here, Mr. Williams. I believe you said you got cut on the neck from here, is that right? Down like that?
A.         Yes sir.
Q.        Where else did you get cut?
A.         Right there and there, there.
Q.        Any other places?
A.         Here.
Q.        Is this a cut here?
A.         Yes, sir.
Q.        Did he do that?
A.         Yes, sir.
Q.        Are these cuts here?
A.         Yes, sir, small ones.
Q.        This one and this one.
A.         Yes, sir.
Q.        Any up here that he did?
A.         Right here and here.
Q.        Right over here and here?
A.         Yes, sir.
Q.        Any down around here that he did?
A.         No, sir, not in here.
Q.        But that one right there?
A.         Yes, sir.
Q.        Did you have your brace on when this happened?
A.         No.
PROSECUTOR:  Your Honor, could the witness step in the jury room and put his brace back on and his shirt?
THE COURT: Very well, be at ease. Where is his brace?
PROSECUTOR:  Right here.
Q.        Mr. Williams, is there any doubt in your mind as to who it was that cut you with the knife?
A.         No, sir.
Q.        It was the man right there?
A.         That’s right.

For guidance on how to properly make a record, consider Trial Advocacy: Planning, Analysis andStrategy 4th Edition, which provides instruction on that and much more.



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