case prep and testimony l.e.s.b. 10.7 the police officer’s role to assist the prosecutor in...
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Case Prep and Testimony
L.E.S.B. 10.7
The Police Officer’s RoleThe Police Officer’s Role
To assist the prosecutor in presenting the facts of
a case to a jury or trial court judge
Successful ProsecutionSuccessful Prosecution
Is largely dependent on an open relationship between
during trial preparation&
Keys to Proper TestimonyKeys to Proper Testimony
1. TruthfulTruthful– objective– fact based– never guessing– foregoing intentional lies
Key Elements of TestimonyKey Elements of Testimony
2. UnbiasedUnbiased– without assumptions– personal opinions aside
The Result of The Result of Intentional LiesIntentional Lies
Lose case(s)Lose case(s)
Officer disciplineOfficer discipline
Perjury or other chargesPerjury or other charges
Failure of due processFailure of due process
Statements become part Statements become part of the record of the record
Preparation StepsPreparation Steps
Prepare complete reports.
Re read all reports, notes…
Review diagrams, evidence photos…
Mug shots GO BACK TO THE SCENE!
Preparation Steps… Courthouse
Confer with your prosecutor
Meet and discuss case with all witnesses
Preparing to Testify
Thorough ReportsThorough Reports
addressaddress– who– what– when– where
make it “make it “happenhappen” ”
Thorough Reports, Thorough Reports, cont.cont.
a poor report = a poor case a poor report = a poor case
the defense will key in on errors the defense will key in on errors – can be used to discredit officercan be used to discredit officer– may be used to impeach witnessesmay be used to impeach witnesses
Thorough Reports, Thorough Reports, cont.cont.
list appropriate charge and list appropriate charge and statute statute
know laws well or have know laws well or have reference readily availablereference readily available
Other Report Reminders… Other Report Reminders… know and use resources check and re-check grammar retain or destroy notes???
Retention of NotesRetention of Notes
may be asked to “interpret” notesmay be asked to “interpret” notes– can’t read – can’t remember cryptic writings
may cause officer to lose focus may cause officer to lose focus while flipping back and forthwhile flipping back and forth
defense can request under disclosuredefense can request under disclosure
Re-read All Police ReportsRe-read All Police Reports
length of time vs. memorylength of time vs. memory• memory fades
• details blend from cases
• review is like cramming for an exam
Re-read All Police ReportsRe-read All Police Reports
thoroughness affects valuethoroughness affects value• accuracy issues
• perception
Re-read All Police ReportsRe-read All Police Reports
re-visit the scene
Re-read All Police ReportsRe-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.)
Preparation StepsPreparation Steps
A. Prepare complete reportsPrepare complete reports..
B. Re-read all reports.Re-read all reports.
C. Confer with your prosecutor.
Confer With ProsecutorConfer With Prosecutor
get prosecutor involved early
review strong and weak points
re-live the call
keep details confidential
A good way to lose a case in court is by:
giving more information giving more information than you are askedthan you are asked
not telling the prosecutor if not telling the prosecutor if your case has a weak spotyour case has a weak spot
Key Factors in Testimony
professional appearanceprofessional appearance
Reminders:
dress conservativelyress conservatively avoid excessive jewelryavoid excessive jewelry no gumno gum speak clearly speak clearly stand tallstand tall
Key Factors in Testimony
AttitudeAttitude– general
• towards prosecutortowards prosecutor• towards defense attorneytowards defense attorney• towards the jury and judgetowards the jury and judge
Key Factors in Testimony
AppearanceAppearance– groominggrooming– attireattire– demeanordemeanor
Physical or personal appearance is important, because it will affect the
weight given to your testimony by the jury.
General DemeanorGeneral Demeanor
pre-trial jitterspre-trial jitters• timeliness• pre-trial preparation
General Demeanor, General Demeanor, cont.cont.
behaviorbehavior• humor is out• sterile and unbiased• maintain composure
Towards the ProsecutorTowards the Prosecutor
Your “Allie and Coach”
Towards the ProsecutorTowards the Prosecutor
Answer only what you are asked• complete• brief• truthfully• not overly aggressive
Successful prosecution also depends on…
touching base with the Prosecutor BEFOREBEFORE you
have completed your investigation
The Primary Goal The Primary Goal of the Defenseof the Defense
is to create
REASONABLE DOUBTREASONABLE DOUBT
in the minds of jurors
The Defense, The Defense, cont.cont.
is sworn to protect the accused
will key on prosecution’s lack of preparation
Defense TacticsDefense Tactics intentional mispronunciation of officer’s
name
playing down training/qualifications
asking multiple questions rapidly
asking questions which are really statements
Aggressive DefensesAggressive 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
Dealing WithDealing With The DefenseThe Defense
listen carefully
think before answering pause briefly prior to answering questions to
– Controls pace of cross-examination– Allows opportunity for objection
ask for clarification
respond carefully and clearly
NEVER, EVER Argue with the defense.NEVER, EVER Argue with the defense.
Dealing WithDealing With The Defense, The Defense, cont.cont.
repeating back “stupid” questions repeating back “stupid” questions buys time, allows the prosecutor to buys time, allows the prosecutor to object, and covertly emphasizes a object, and covertly emphasizes a question that was inappropriate.question that was inappropriate.
Although it is important to avoid sarcasm,
Dealing WithDealing With The Defense, The Defense, cont.cont.
follow rules & procedures don’t take it personally
Most importantly:Most importantly:
Dealing WithDealing With
ObjectionsObjections
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)
Towards the JuryTowards the Jury
recognize varying personalities
impress with honesty eye contact enhances credibility
Towards the Jury, Towards the Jury, cont.cont.
If you are uncomfortable, focus on a
“friendly looking”“friendly looking” juror, or at the wall area
above their heads.
The JudgeThe Judge
arbitrates all legal matters protects the rights of the accused adheres to proper procedural rules
The Judge, The Judge, cont.cont.
often has the final say
Speaking to the JudgeSpeaking to the Judge
eye contact is important
address respectfully
Non-juried TrialsNon-juried Trials
Officers should address all testimony towards the judge
Exercising RespectExercising Respect
Address all others present as:
RecallRecall and Refreshing MemoryRefreshing Memory
the importance of accuracy/thoroughness
RecallRecall and Refreshing MemoryRefreshing Memory
defense tactics• leading questions
• open ended questions
Courtroom LayoutCourtroom Layout
Demeanor on the StandDemeanor on the Stand
preliminary hearing role
Testimony to establish probable cause that a crime has been committed .Testimony to establish probable cause that a crime has been committed .
Demeanor on the StandDemeanor on the Stand order of events
• namename
• employeremployer
• “ “lead in”lead in”
• identify defendantidentify defendant
• intro. of evidenceintro. of evidence
• possible demonstrationpossible demonstration
Civil Court ActionsCivil Court Actions
no prosecutor
lesser “burden of proof “ for judgment
does not require unanimous verdict (5:6)
Lessons of Fuhrman…Lessons of Fuhrman…
The defendant was one of two detectives originally assigned to
investigate the murder of Nicole Brown SimpsonNicole Brown Simpson
cont.
In July, 1994, Fuhrman appeared a witness in the
preliminary hearing of the
homicide case against O.J. SimpsonO.J. Simpson
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 Is it possible you have forgotten that act on your part?that act on your part?
cont.
Defendant’s response:Defendant’s response:
No, it is not possible.
cont.
Prosecutor:Prosecutor: Are you therefore saying you have not used that word in the
past ten years, Detective?
cont.
Defendant’s response:Defendant’s response:
Yes, that is what I’m saying.
cont.
Prosecutor:Prosecutor: And you say under oath, that
you have not addressed any black person as a “nigger”
during that time?
cont.
Defendant’s Response:Defendant’s Response:
That’s what I’m saying, sir..
cont.
Prosecutor:Prosecutor: So anyone who comes to this court and quotes you as using
that word in dealing with African Americans would be a
liar…?
cont.
Defendant’s response:Defendant’s response:
Yes, they would.
cont.
Prosecutor: All of them, correct?All of them, correct?
Defendant’s response:
All of them.All of them.
On September 05, 1995, On September 05, 1995, Laura Hart McKinney testified Laura Hart McKinney testified
that in 1985, she had taped that in 1985, she had taped several interviews with several interviews with
Fuhrman in which he had Fuhrman in which he had referred to Black Americans as referred to Black Americans as
“niggers”.“niggers”.
Three other witnessesThree other witnesses collaborated this same collaborated this same
information, impeaching information, impeaching Fuhrman’s earlier testimony.Fuhrman’s earlier testimony.
Through his attorney, Mark Fuhrman issued a statement
“regretting the effect” his testimony had on the people of Los Angeles.
As part of his perjury conviction, he was
precluded from ever serving as a peace officer in the State of California.
HonestyHonesty is the key that opens the door to
RespectRespect
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
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
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
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!!!”
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!!!”
The EndThe End