The Government's Witness is Hearing Voices! Presented by Keith Williams of the Law Offices of Keith A. Williams, P.A.
Phone: Acknowledgments Sean Devereaux: 1999 Wake Forest Criminal CLE Seminar Manuscript Dr. John Warren, Ph.D: 2000 Federal CJA Seminar Manuscript
Phone: Introduction Government’s Witness has Mental Health “Issues” Obtain Treatment Records Use Records to Challenge Witness Competency Use Records to Cross-Examine Witness Use Records as Basis for Obtaining Expert Witness Assistance
Phone: Government’s Witness has Mental Health “Issues” Client may know Witness and may have heard of potential mental health issues You may spot it in discovery You may spot it through observing the witness Key: finding out that Witness receives treatment at XYZ Mental Health Center
Phone: Obtain Treatment Records Ex Parte Motion for Subpoena; consider privilege issues Fed. R. Crim. Pro. 17(b) Subpoena to Records Custodian of XYZ Mental Health Center Custodian produces records in camera to judge Judge decides whether to release
Phone: Use Records to Challenge Witness Competency Witness not competent to testify because mental health problems make Witness unable to recall facts or unable to understand the duty to tell the truth Object before AND after the witness testifies United States v. Odom, 736 F.2d 104 (1984)
Phone: Use Records to Cross- Examine Witness Walk Witness through what Witness told mental health counselor Hearing voices Seeing imaginary people Attempting suicide But be careful – jury will hold it against you if you beat up on Witness
Phone: Use Records to Get Expert Witness Assistance Ex Parte Motion for Psychologist to testify as defense witness Psychologist can review Witness’ mental health records and testify that Witness cannot be believed 18 U.S.C. 3006A(e)(1)
Phone: So What Happened in My Case? Witness found competent to testify; a low standard! Defense attorney conducted brilliant cross-examination Psychologist testified that Witness was unreliable But... Client’s confession hurt us! Client convicted