11/1/2016 - - PDF document

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11 1 2016
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11/1/2016 - - PDF document

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11/1/2016

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  • Prior Inconsistent Statement – the LEO said

something, either verbally or in writing, different before than they are now saying in court.

  • Prior Inconsistent Actions – something the

LEO did before doesn’t match up with the testimony they are giving now in court.

  • Omissions – the LEO is now saying something

in court that LEO has never previously mentioned or is missing from report or recording.

  • Bias- the LEO has biases and/or prejudice's

that prevent jurors from believing LEO

  • Most impeachment can be anticipated and

planned ahead of time.

  • Thoroughly review the Discovery and listen

to recordings and watch videos to look for

  • missions and inconsistent actions.
  • If you know the Discovery well, you will

know when something inconsistent is said in court.

  • It is important to have pre-trial hearings. You

will get a preview of the testifying witness. You will learn your impeachable moments and/or create some.

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  • Recommit – repeat the inaccuracy that the witness

just said

  • Accredit – make what they said (or didn't say/note)

last time seem really important and reliable (without actually saying what they said last time)

  • Confront – say what they said last time because it’s

the truth

  • The Recommit and Confront are simple and

quick!!!!!!!!

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  • You just told this jury . . .
  • Through Accreditation you build the

importance and reliability of the previous statement.

  • Attorneys need to show jurors why the

previous statement is more reliable and believable than the testimony the witness just gave in court on direct examination.

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  • Should attorneys use abstract

nouns like Truth, Accuracy and Completeness?

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  • When you Confront the witness, keep it

simple.

  • All of the work was done in Accreditation.
  • NEVER EVER Confront with an open-ended

question!

  • This is one of the rare times that you may ask

a leading question consisting of more than

  • ne new fact.
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  • Reveal the omission to the jury to

persuade the jurors that what the LEO testified about wasnt previously documented because it did not occur “Mr. Fife, you did not write in you report that you observed _________” “Mr. Fife, you did not write in you report that ________ said _________”

  • Anticipate the inconsistencies and

prepare for them Know the facts:

What witnesses said and wrote

Chapters Begin with best/strongest Where does new impeachment fit

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Supports Theory of Case Supports Theory of Witness Reveals Story of Innocence Establishes Reasonable Doubt

*

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  • There is theatre in having a great

Impeachment.

  • You must have distinct transitions between

Recommit, Accreditation, and Confrontation.

  • If you don’t emphasize and transition well

enough, the impeachment will be lost on the jury.

*

  • Is the witness wrong, mistaken or lying?

Knowing the difference will impact your demeanor and tone which will impact your effectiveness.

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IMPEACHMENT OF LIAR:

  • What should the jurors be feeling?
  • “It is hard to believe that a man is telling the

truth when you know that you would lie if you were in his place.”

  • H. L. Mencken

DEMEANOR AND TONE IMPEACHMENT OF LEO:

  • What should the jurors be feeling?
  • “What the Officer is now adding to his testimony

doesn't ring true. If it really happened that way, the Officer would have made note of it before. The Officer must be mistakenly remembering it more favorably for the government than how it really happened. ”

  • A. A. Nelson
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DEMEANOR AND TONE DEMEANOR AND TONE DEMEANOR AND TONE

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If that had really happened the LEO would’ve written it in his report. But it’s not in his report. I dont believe that really happened.

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