He simply closed shop and went into hiding. Or it may be the first one on the pathway to the “right positive” one. After finding that “right positive” personality you should have a few topics. Ferguson witnesses admit they lied to grand jury. Isn’t that crazy?”. The witness confirmed telling how in this second statement that she had lied in her first statement. TROY -- The testimony of Democratic operative Anthony Renna was stricken from the record and he was excused by the judge Thursday morning for inherent inconsistencies. There is a latin phrase that is used in law here in NY for this legal instruction and it's called 'Falsus in Uno'. The attorney then hands it to the witness. This fellow looks like him. Witness tells murder trial he lied to gardaí initially, claiming he was 'afraid' for his safety The trial continues before a jury of seven men and five women. Is the camera on?” I say, “Yep.” Then comes the 10 minutes of role playing. Self recognition comes in many forms. Some downloadable documents can only be viewed with Adobe® Acrobat® Reader. Note: This is an excerpt from an as yet untitled work by Katherine James, “The Witness the Jury is Going to Hate,” by Katherine James. get the witness to use the “right positive” personality and not revert to “impossible” behavior in the deposition, trial, hearing, or ADR setting. True, I am an actor. “God, no!” he snarls. How they did it I’ll never know. "Uh, yes, I'm sure," the witness answers. When I am occasionally accidently captured on camera during a witness preparation session and that moving image is played back I am simply appalled at the number of chins I have and how bad my hair and breasts look. Usually when I play back a recording for the lawyer and witness and me to watch it is kind of a stop start. I would recommend him and his entire firm to anyone who is in need of a personal injury lawyer. I mean – well – you tell me what you see.” Some are shocked. Haven't we come to expect that on cross-examination the opposing attorney is supposed to extract testimony that shows the witness is a liar? Is that his voice? The first comment I usually get is from either witness or attorney, and it is about the “talk” portion. Because now the person is only testifying as the “right positive” personality. Do not automatically reject testimony just because of inconsistencies or Then it is your job to get the “1” or “3” to serve as the personality of mine that I use for the deposition, hearing or trial. There, in the reception area, glaring at me, is the hideous lunatic from the elevator. get the witness to recognize and acknowledge that the current personality that is being manifested is “impossible”. It had been hours. If a witness never looks at the jury, it will negatively impact his believability and, consequently, his credibility. I get back to the port. Then we play it all back and talk about it – “talk” as well as “role playing”. It may very well be the “right positive” personality that you want on the witness stand. I point this out with all kinds of praise for the attorney in front of the witness – after all, part of my job is to build trust between witness and lawyer. Nov. 22, 1986. I don’t take my eyes off of him. Anyway, how do we really know if someone is telling the truth as they sit there on the witness stand and asked questions by the plaintiff's attorney and the defense attorney? His narrow. You did nothing wrong here!” You get a soft dissolve into a person who is sad and open and is willing to say, “I can’t help feeling I should have stopped it – even though I know I couldn’t! The doors swish open and I glide inside and press “25”. Brian Patterson – Assistant Editor and Webmaster. Keeping Up Appearances: Expert Tips for Making a Great Impression on the Jury, Harming Children: Uncovering and Overcoming Bias When Defending Sex Crimes Against Children, Courtroom Attire: Ensuring Witness Attire Makes the Right Statement, Members selection — Court-Martial Trial Practice Blog — February 22, 2014. "Mr. Jones, please read the highlighted portion of that document. Click here to download the latest software. ), control freak direct exam questions (“When I ask you that question I want you to say, __________”). “I’m screwing up,” he says to me looking just about as vulnerable as I think he may be capable of looking. I say things like, “Wasn’t that great how your lawyer turned into what he thinks opposing counsel is going act like? It is up to you to find “1” or “3” in me. That the price was all worth it for that kid’s life. Some are really trying to honestly answer the question, but are confused. As far as I’m concerned it’s all classified information. Is this the one?”. Read more about her company ACT of Communication at the website. “When an Old Salt retires, he ties an anchor around his ankle and throws it as far inland as he can – and wherever that anchor lands is home. She specializes in making witnesses "not do that anymore and do this instead" in cases and attorneys to be the best they can be in live and virtual workshops. Early days in The Navy – please! …friendly and open with a potential client who will or will not hire me after this meeting. I can see the headlines, “Mother Killed – Stabbed By Lunatic With Hideous Umbrella Point 17 Times!” When the doors swish open I begin to move. “ ‘Don’t worry, Sir!’ ” say my men. In my experience, this is done best in this fashion: You might have noticed that there is a new step that has been added here: What do I mean, “talk”? NY Medical Malpractice & Personal Injury Trial Lawyer. The Admiral’s voice fills with wonder. That is because the first time he faces his image on a theater sized movie screen he mutters over and over again, “That’s not a nose. He is determined. You are an actor, and so you think that everyone plays different characters. The most important thing we will be discussing – sometimes the only thing we will be discussing in this playback session is the “right positive” personality. St. Louis County prosecutor Bob McCulloch told a St. Louis radio station on Friday that he knew some of the witnesses who testified before the Ferguson grand jury were lying. It’s a little tricky – you have to keep totally committed and hooked into the witness. 5.0 stars 57 reviews. If I am your witness, and when you meet me I act like “2” or “4” in the above chart, your instinct as an attorney is going to say to you, “The jury is going to hate this witness.” You are not even aware of the “1” or the “3” in the chart who might be exactly who I need to be on the witness … But some attorneys just don’t get it during the immediate role-playing and feedback segment of the session. Isn't cross-examination reallly a search for the truth? Enjoy! It seems that The Admiral is in The Nuclear Navy and his command is a Nuclear Submarine. Ok, so now we've established that the witness has lied. Avvo Rating: 10. I cannot fully recall. In the grand jury, when the prosecutor asked witness number 10 to describe what he called a “body gesture,” he said, “I can’t say for sure what sort of body gesture. He sighs. Reveal number tel: 484-772-2240 . From the individuals who are on the “receiving” end of them. The Admiral watches himself. The criticism of that witness fits the questions surrounding Sandra McElroy, also known as Witness … The Importance of Witness and Jury Eye Contact. “Stay yourself. He likely will not be referred to the district attorney's office for criminal charges. A young inventor whose patent and future have been stolen away can be just as close to tears as a young man whose baby was brain damaged by a doctor. Yeah, but – how long is that? Grasping at anything he said from his last tirade, I ask, “Where do you live now that you are retired?” I immediately think, “That was so lame.” He pauses and looks at me as if he is about to answer the lamest question anyone has ever asked. I often say before we first play back a recording “Now…I don’t want you to be shocked by what you are about to see. His face is softening. Look for those “prairie” moments of “right positive” personality in what you’ve captured on tape here: In this first session we may or may not deal with the content of the case at all. I try to push the “open door” button but the umbrella stands as a barrier between me and the side of the elevator with the buttons. This time I just play it through in complete silence. Being a commissioned Admiral was the second best time of my life. Katherine James, MFA is a trial consultant based in Culver City, CA. Michelle A. Fioravanti. That’s okay. The attorney has just set the witness up. On purpose. when the witness has to think for a moment about the answer to a question, and actually goes back in time and remembers and is “good” for a split second, when the witness screws up the answer, laughs, and goes “off record” for a moment and makes a comment like “whooooops!”, when I say, “Let’s stop there and play it back and talk about it” but I keep the camera rolling as the witness breathes and relaxes and smiles and says, “How bad was that?”. It’s not like it’s life and death,” I joke. I have had witnesses “talk” for a few unaware moments about literally hundreds of topics. To help you. As this is a professional journal, editors will publish comments that are courteous and respectful (even when in disagreement). “My,” I say. Of course, we can’t surface in jig time at that point – I mean, we can – but if we do, all this seawater is going to come rushing in and ruin all the surfaces of everything with salt – I mean this submarine cost millions of dollars and getting that kid to the top was going to ruin it. But if they are reading these words – maybe they do now. “I look and sound like a gargoyle,” he snarls. Next to him is the wonderful lawyer smiling much too broadly and saying through clenched teeth, “Two minutes late! Those people had what is called “Multiple Personality Disorder”. Some witnesses lied to Michael Brown grand jury, McCulloch says. The elevator alarm starts to ring. I can work with that. Each of us has multiple personalities. However, during a break if such an attorney asks me, “Hey, Katherine – I know you train lawyers as well as witnesses. Thanks for participating in the TJE community! You know?” I clearly don’t have a clue of what he is talking about – I want to ask, “But if water comes into a submarine won’t everyone drown?” but I don’t since I think it might be a stupid question at that moment. The material on this website is for informational purposes only. I sit with him. We don’t “throw out” or stop them from testifying, but we just let the exposed lie hang there and destroy the witness’s credibility. Shortly after the phone call I’ve had hundreds of times I find myself shaking off the raindrops from my hair and casually walking to the elevator of a high-rise office building in a major American city. They lied to the grand jury to get him indicted. Some are horrified. Hated adolescence. You are not necessarily going to be having a discussion about the case. The attorneys change, too. You can literally see it. “After you,” I squeak. A nightmare. That’s the guy/gal we want! That is okay! Everything. Credibility, straight and simple. Speeding / Traffic Ticket Lawyer in Norristown, PA. You may say at this point, “No way. The elevator starts to move. Crown witness lied, defence lawyer tells jury in Lac-Mégantic trial. All that salt from the water is on everything. http://t.co/SvsUPyPN, RT @actlaw: “The Witness the Jury is Going to Hate,” by Katherine James. There you are! But let's get back to my original question I asked in the headline... Is he going to jail because he lied in this civil lawsuit? Very impressive. It's an instruction that tells the jury that if they find a witness has testified falsely about one thing, they can, if they choose, disregard all of that witness' testimony as … "Clearly some were not telling the truth,” Prosecuting Attorney Bob McCulloch said in an interview with KTRS radio on Friday. Call. ", "Did you go to trial in that burglary charge? Communication research regarding non-verbal behavior over the years has been consistent on at least one finding – the power of eye contact. When a witness comes into court and takes the 'witness stand', the first thing that happens is they are told to put their left hand on the bible and to raise their right hand. All make verbal comments that back up exactly what concerns the trial consultant and the lawyer have. Right. St. Louis prosecutor McCulloch says he knew 'Witness 40' lied to Ferguson grand jury. The Jury Expert [ISSN: 1943-2208] is a publication of the The American Society of Trial Consultants In case you thought you’d ask,” he said coldly. “Why do you remind me of things I’d rather forget?” he says. By the time cross-examination is finished, everyone in the courtroom knows that this guy is a liar. But that kid – he’s fading fast and they keep saying, ‘Don’t worry, Sir!’ and I give the command and we surface in jig time. You might recognize yourself in at least one if not all of these sets of behaviors: Here are names for those four different personalities exhibited by those four sets of behaviors: Where did I get these names? Video: Pryor Greed and Lawyers | Parents Rights Blog, On the relationship between ideological and demographic diversity, Inaccuracy in Political Self-Perception: Young Adults Are Not as Conservative as They Believe, Book Review- Social Media as Evidence: Cases, Practice Pointers, and Techniques, Book Review: The Juror Factor: Race and Gender in America’s Civil Courts, The American Society of Trial Consultants. About the sixth question, the wonderful lawyer playing The Deponator is following up with the information that he has just gotten from The Admiral. Why? It is not just the witness who has changed personalities from the “talk” to the “role-play”. This is a form of mental illness where people can’t control and aren’t necessarily aware that they turn into different people. It's an instruction that tells the jury that if they find a witness has testified falsely about one thing, they can, if they choose, disregard all of that witness' testimony as being unreliable and not credibile. • [Was the witness promised immunity or leniency in exchange for his or her testimony?] As were hobbies (“Do I look like someone who spends time gluing things together?”) pets (“I first became intrigued with the sea as a boy when I discovered kittens don’t float.”), places (“You’ve seen one seventh wonder of the world, you’ve seen them all.”), times of life (“My childhood? That is, time for the witness to talk and you to listen. Jack de Belin rape trial hears key witness lied to police By Kelly Fuller. You’d never have known.” He gets misty eyed. Kind of like how in the Midwest where I grew up there is no Prairie – it is all highly cultivated farm land mile after mile after mile. Listen, listen, listen. Or maybe he has a gun! So people were out. get the witness to accept the “right positive” personality as the one to be used for the upcoming legal event. Or if you are aware to some extent, you might not be aware of how many different personalities you actually have and draw on during any given twenty-four hour period. “We were fathoms and fathoms below. Here are some of my favorites in addition to The Admiral’s line “I look and sound like a gargoyle.”. So glad I kept my mouth shut. But he’s looking back at me. I am convinced he is going to kill me before we reach the 25th floor. It often comes “in between” words. Sometimes it happens immediately. “What’s it,” he says…starting to look and sound like The Admiral again. In the American legal system, a witness testifying under oath, even falsely, is immune from civil liability for anything the witness says during that testimony. The jury also heard from the manager of a restaurant in Wollongong where the complainant worked. 6 Lawrence Sq. Since all cases are different and legal authority can and does change, it is important to remember that prior results cannot and do not guarantee similar outcomes with respect to any future matter in which any lawyer or law firm may be retained. “Look at me – I’m acting like a robot. ALIVE! “Omaha,” he says hollowly. At least – I think it is he. I don’t want my witness ACTING – I want my witness to be REAL.”. "Mr. Jones, have you ever been convicted of a crime?". The wonderful lawyer faces him. Seriously, Katherine, how long does that take? Some witnesses "clearly " lied to the St. Louis grand jury investigating the police shooting death of Michael Brown in Ferguson, Mo., prosecutor Robert McCulloch said in an interview. When I talk about something I’m passionate about I look like I’m furious – even when I’m not mad…”, “Do I really sound that stupid all the time?”, “I thought at first this was a tape of my mother. “Hey, it’s only testimony – it’s only about three billion dollars on the line. find the “right positive” personality in the repertory company of personalities in the witness. Sometimes it is a matter of another half-day or day-long session with time between for the lessons to sink into the mind of the witness. Her specialization is live communication skills. The fist is accompanied by a mate that is grasping the elevator doors and prying them open. “Like what?” I say before I can stop myself. Keep asking yourself, “Is this the one? Why? Let’s look at this and talk about it, shall we?” As I rewind the tape, the wonderful lawyer, shaken, says to The Admiral, “Are you serious?” The Admiral shoots back, “Of course I’m serious. I breathe many sighs of relief. We bring them out and use them depending on: Each of our personalities is made up of very specific sets of behaviors. “I like The Old Salt – but how do we get him on the stand? A WITNESS has admitted lying in the Michael Stone murder trial and agreed last night to make a statement which could boost the convicted double-murderer's chances of appeal. The wonderful lawyer watches in shock and disbelief. Each of us has a number of personalities. Can you see that?” Of course they can see that. “Omaha is pretty land locked isn’t it? So did I. Jeez – I was ridiculous wasn’t I? Okay, so he’s made me late for the appointment with one of my favorite lawyers for this witness preparation session. The Admiral is supposed to be our expert who gets it in. And once they’ve accepted it, how do you get them to use it and not revert to “impossible” behavior? I board the sub. For how long? Oh, come on – a leopard can’t change his spots! “What are we going to do?”. The alarm goes silent as the doors swish closed and we start to climb. I watch, not daring to have my eyes anywhere but on the screen lest I end up the target of more wrath. Until you no longer have to say, “There! The camera doesn’t lie. The tape is whirring backwards. Quite simply: the camera is an absolutely hideous medium because it shows the viewer the exact truth. (CNN)Walter Forbes was a young college student in 1982 when he stepped between two groups fighting outside a bar in his small Michigan town. That’s the guy you have to be in this case!” I crow. Silently we climb, climb, climb. Hours and hours. Young seaman has a heart attack. He glares at me nonstop. We cannot consider you a client until such time as we have consulted with you, and met with you personally. He’s alive!’ I knew it was worth it. It is followed by a gnarled and craggy fist grasping the ugly handle. My husband, who makes a good living as a film and television actor has to see any movie he is in at least two times. So why have them testify? Some attorneys are wise enough to recognize their own change, how it affects the witness and cop to it right away. If I am your witness, and when you meet me I act like “2” or “4” in the above chart, your instinct as an attorney is going to say to you, “The jury is going to hate this witness.” You are not even aware of the “1” or the “3” in the chart who might be exactly who I need to be on the witness stand or in the video taped deposition. I glide down the hall, open the door to the great lawyer’s beautiful office. He thought a report was in against him for rape and he said it … … “If we need that story as part of your testimony when we get to trial, will you tell it?” I ask softly. Denial ain’t just a river in Egypt. And, of course, there are those who are quick to recognize the speck in the witness’ eye, but are oblivious to the log in their own. Otherwise, the witness is going to change personalities from the one we want to the one you saw when you changed.”. How am I going to pull this one off?”. He has laid the foundation to destroy this witness' credibility. But instantly, like the descending arm at railroad crossing, the umbrella is down in front of me, barring me from the doors. The Admiral plops down. The information on Gerry's website was the top reason I hired Gerry Oginski. He looks at me, and then at the attorney. I start to climb, climb, climb. The tape ends. This is the time to recognize it and to discuss what just happened. Guard down, speaking freely, the witness manifests quite a different personality from the toxic one reflected on the small screen of the depo preparation room. "Do you swear to tell the truth and nothing but the truth?" This works best when I have turned on the camera and the witness and lawyer are unaware that the camera is “rolling” or “on”. why living in this city is better than or worse than living in my city (I can never leave Los Angeles – way too many people I help prepare have way too many opinions about it), the worst or best parenting moment ever experienced, the most humiliating or rewarding moment during “the” game in a team sport, the funniest thing a grandmother ever said, why riding horses is less dangerous than riding motorcycles, why gun control is impossible or ridiculous or is good for Europe but not here or needs to happen now, why Paris or London is the better place to spend a free month, how living on the street can sometimes be better than living in a house, how the “unconditional” love of a dog is superior to or inferior to the “picky” love of a cat, why becoming a vegan is an impossible life choice (I am a vegan and remain amazed at how many people want to confess to me in a heartfelt way why they are not. I’m not talking Sybil, The Three Faces of Eve or United States of Tara. It was an honor and privilege to have you as my attorney. I’m scaring the hell out of me!”, “Hahahaha – I’ll be right back – I’m going to wet my pants – hahahahahahaha….”. I’m thinking, “So much for the articles from such well known publications as Time Magazine from ten years ago and all that Navy Research from way back when that backs up our case. He scowls. The tasks almost always appear in this order. You see, at the end of the trial, one or both attorneys will ask the judge to give the jury a legal instruction about credibility.