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Case Prep and Testimony L.E.S.B. 10.7
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The Police Officer’s Role To assist the prosecutor in presenting the facts of a case to a jury or trial court judge
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Successful Prosecution Is largely dependent on an open relationship between during trial preparation &
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Keys to Proper Testimony Truthful 1. Truthful – objective – fact based – never guessing – foregoing intentional lies
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Key Elements of Testimony Unbiased 2. Unbiased – without assumptions – personal opinions aside
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The Result of Intentional Lies Lose case(s) Lose case(s) Officer discipline Officer discipline Perjury or other charges Perjury or other charges Failure of due process Failure of due process Statements become part of the record Statements become part of the record
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Preparation Steps Preparation Steps Prepare complete reports. Re read all reports, notes… Review diagrams, evidence photos… Mug shots GO BACK TO THE SCENE!
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Preparation Steps… Courthouse Confer with your prosecutor Meet and discuss case with all witnesses
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Preparing to Testify
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Thorough Reports address address – who – what – when – where make it “happen” make it “happen”
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Thorough Reports, cont. a poor report = a poor case the defense will key in on errors – can be used to discredit officer – may be used to impeach witnesses
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Thorough Reports, cont. list appropriate charge and statute know laws well or have reference readily available
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Other Report Reminders… Other Report Reminders… know and use resources check and re-check grammar retain or destroy notes???
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Retention of Notes may be asked to “interpret” notes – – can’t read – can’t remember cryptic writings may cause officer to lose focus while flipping back and forth defense can request under disclosure
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Preparation Steps Preparation Steps
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Re-read All Police Reports length of time vs. memory memory fades details blend from cases review is like cramming for an exam
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Re-read All Police Reports thoroughness affects value thoroughness affects value accuracy issues perception
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Re-read All Police Reports re-visit the scene
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Re-read All Police Reports ONLY READ THE CRIMINAL COMPLAINT –The prelim is NOT a trial –Only P.C. is required –Defense is entitled to all that you used, so use only the Criminal Complaint (it contains P.C.)
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Preparation Steps Preparation Steps
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Confer With Prosecutor get prosecutor involved early review strong and weak points re-live the call keep details confidential
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A good way to lose a case in court is by: giving more information than you are asked giving more information than you are asked not telling the prosecutor if your case has a weak spot
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Key Factors in Testimony professional appearance professional appearance
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Reminders: ress conservatively dress conservatively avoid excessive jewelry no gum speak clearly speak clearly stand tall
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Key Factors in Testimony Attitude Attitude – general towards prosecutor towards defense attorney towards defense attorney towards the jury and judge towards the jury and judge
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Key Factors in Testimony Appearance Appearance – grooming – attire – demeanor
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Physical or personal appearance is important, because it will affect the weight given to your testimony by the jury.
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General Demeanor pre-trial jitters timeliness pre-trial preparation
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General Demeanor, cont. behavior humor is out sterile and unbiased maintain composure
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Towards the Prosecutor Your “Allie and Coach”
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Towards the Prosecutor Answer only what you are asked complete brief truthfully not overly aggressive
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Successful prosecution also depends on… BEFORE touching base with the Prosecutor BEFORE you have completed your investigation
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The Primary Goal of the Defense is to create REASONABLE DOUBT in the minds of jurors
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The Defense, cont. is sworn to protect the accused will key on prosecution’s lack of preparation
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Defense Tactics Defense Tactics intentional mispronunciation of officer’s name playing down training/qualifications asking multiple questions rapidly asking questions which are really statements
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Aggressive Defenses Aggressive Defenses avoid rushing from the witness stand when testimony is done be prepared to be recalled to the stand closing argument usually presents the worst attack on officer credibility
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Dealing With The Defense
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Dealing With The Defense, cont. repeating back “stupid” questions buys time, allows the prosecutor to object, and covertly emphasizes a question that was inappropriate. repeating back “stupid” questions buys time, allows the prosecutor to object, and covertly emphasizes a question that was inappropriate. Although it is important to avoid sarcasm,
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Dealing With The Defense, cont. follow rules & procedures don’t take it personally Most importantly:
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Dealing With Objections Dealing With Objections Stop speaking immediately. Don’t finish your sentence. Wait for judge to rule: overruled- disagrees with objection (answer) sustained- agrees something is improper (don’t answer)
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Towards the Jury recognize varying personalities impress with honesty eye contact enhances credibility
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Towards the Jury, cont. “friendly looking” If you are uncomfortable, focus on a “friendly looking” juror, or at the wall area above their heads.
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The Judge arbitrates all legal matters protects the rights of the accused adheres to proper procedural rules
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The Judge, cont. The Judge, cont. often has the final say
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Speaking to the Judge eye contact is important address respectfully
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Non-juried Trials Officers should address all testimony towards the judge
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Exercising Respect Address all others present as:
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Recall Refreshing Memory Recall and Refreshing Memory the importance of accuracy/thoroughness
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Recall Refreshing Memory Recall and Refreshing Memory defense tactics leading questions open ended questions
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Courtroom Layout Courtroom Layout
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Demeanor on the Stand preliminary hearing role Testimony to establish probable cause that a crime has been committed.
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Demeanor on the Stand order of events name employer employer “lead in” “lead in” identify defendant identify defendant intro. of evidence intro. of evidence possible demonstration possible demonstration
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Civil Court Actions no prosecutor lesser “burden of proof “ for judgment does not require unanimous verdict (5:6)
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Lessons of Fuhrman… Lessons of Fuhrman… Nicole Brown Simpson The defendant was one of two detectives originally assigned to investigate the murder of Nicole Brown Simpson
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cont. O.J. Simpson In July, 1994, Fuhrman appeared a witness in the preliminary hearing of the homicide case against O.J. Simpson
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cont. Prosecutor’s question: Prosecutor’s question: …I want you to assume that perhaps, at some time since 1985 or 86, you addressed a member of the African American race as a “nigger”. Is it possible you have forgotten that act on your part? Is it possible you have forgotten that act on your part?
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cont. Defendant’s response: Defendant’s response: No, it is not possible.
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cont. Prosecutor: Are you therefore saying you have not used that word in the past ten years, Detective?
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cont. Defendant’s response: Defendant’s response: Yes, that is what I’m saying.
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cont. Prosecutor: Prosecutor: And you say under oath, that you have not addressed any black person as a “nigger” during that time?
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cont. Defendant’s Response: Defendant’s Response: That’s what I’m saying, sir..
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cont. Prosecutor: So anyone who comes to this court and quotes you as using that word in dealing with African Americans would be a liar…?
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cont. Defendant’s response: Defendant’s response: Yes, they would.
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cont. Prosecutor: All of them, correct? All of them, correct? Defendant’s response: All of them. All of them.
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On September 05, 1995, Laura Hart McKinney testified that in 1985, she had taped several interviews with Fuhrman in which he had referred to Black Americans as “niggers”.
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Three other witnesses collaborated this same information, impeaching Fuhrman’s earlier testimony.
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Through his attorney, Mark Fuhrman issued a statement “regretting the effect” his testimony had on the people of Los Angeles.
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As part of his perjury conviction, he was precluded from ever serving as a peace officer in the State of California.
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Honesty Honesty is the key that opens the door to Respect
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Final Do’s and Don’ts… Don’t –Be late –Discuss your testimony with anyone once the trial starts…. No one but L.E. prior to the trial –Carry your reports up to the stand –Wear your gun unless you ask the D.A. –Testify for the defense without notifying the D.A. –Guess… Say you don’t know… with proper foundation, your reports may be used to refresh your memory –Get cute on the stand
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Final Do’s and Don’ts… Don’t –Try to outsmart the defense attorney –Be afraid to say, “I don’t know.” –Guess –Drink water while testifying –Talk to others when sequestered
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Final Do’s and Don’ts…. Do –Listen to the question –Pause slightly before you answer –State that you don’t understand a question –Speak clearly and confidently –Talk, don’t gesture –Identify the defendant by what he is wearing and where he is seated. –Be prepared to demonstrate –Keep your answers short and simple
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Questions and Problems… Question: Officer Jones, what did you see? Answer: I saw that the defendant was drunk. –What will the objection be??? “Objection your Honor, conclusion!” “ Sustained!!!”
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Questions and Problems… Question: Officer Jones, did you administer the field sobriety tests? –Answer: Did I administer the field sobriety test? Well, that was Officer Smith’s first OWI stop. What will the objection be??? “Objection your Honor. The witness is being non-responsive!” “ Sustained!!!”
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The End
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