2. Case Prep and Testimony L.E.S.B. 10.7

3. The Police Officer’s Role  To assist the prosecutor in presenting the facts of a case to a jury or trial court judge

4. Successful Prosecution  Is largely dependent on an open relationship between during trial preparation &

5. Keys to Proper Testimony Truthful 1. Truthful – objective – fact based – never guessing – foregoing intentional lies

6. Key Elements of Testimony Unbiased 2. Unbiased – without assumptions – personal opinions aside

7. 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

8. Preparation Steps Preparation Steps  Prepare complete reports.  Re read all reports, notes…  Review diagrams, evidence photos…  Mug shots  GO BACK TO THE SCENE!

9. Preparation Steps… Courthouse  Confer with your prosecutor  Meet and discuss case with all witnesses

10. Preparing to Testify

11. Thorough Reports address  address – who – what – when – where make it “happen”  make it “happen”

12. 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

13. Thorough Reports, cont.  list appropriate charge and statute  know laws well or have reference readily available

14. Other Report Reminders… Other Report Reminders…  know and use resources  check and re-check grammar  retain or destroy notes???

15. 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

16. Preparation Steps Preparation Steps

17. Re-read All Police Reports  length of time vs. memory memory fades details blend from cases review is like cramming for an exam

18. Re-read All Police Reports thoroughness affects value  thoroughness affects value accuracy issues perception

19. Re-read All Police Reports  re-visit the scene

20. 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.)

21. Preparation Steps Preparation Steps

22. Confer With Prosecutor  get prosecutor involved early  review strong and weak points  re-live the call  keep details confidential

23. 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

24. Key Factors in Testimony professional appearance  professional appearance

25. Reminders: ress conservatively  dress conservatively  avoid excessive jewelry  no gum speak clearly  speak clearly  stand tall

26. 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

27. Key Factors in Testimony Appearance  Appearance – grooming – attire – demeanor

28.  Physical or personal appearance is important, because it will affect the weight given to your testimony by the jury.

29. General Demeanor  pre-trial jitters timeliness pre-trial preparation

30. General Demeanor, cont.  behavior humor is out sterile and unbiased maintain composure

31. Towards the Prosecutor Your “Allie and Coach”

32. Towards the Prosecutor  Answer only what you are asked complete brief truthfully not overly aggressive

33. Successful prosecution also depends on… BEFORE  touching base with the Prosecutor BEFORE you have completed your investigation

34. The Primary Goal of the Defense  is to create REASONABLE DOUBT in the minds of jurors

35. The Defense, cont.  is sworn to protect the accused  will key on prosecution’s lack of preparation

36. Defense Tactics Defense Tactics  intentional mispronunciation of officer’s name  playing down training/qualifications  asking multiple questions rapidly  asking questions which are really statements

37. 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

38. Dealing With The Defense

39. 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,

40. Dealing With The Defense, cont.  follow rules & procedures  don’t take it personally Most importantly:

41. 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)

42. Towards the Jury  recognize varying personalities  impress with honesty  eye contact enhances credibility

43. Towards the Jury, cont. “friendly looking”  If you are uncomfortable, focus on a “friendly looking” juror, or at the wall area above their heads.

44. The Judge  arbitrates all legal matters  protects the rights of the accused  adheres to proper procedural rules

45. The Judge, cont. The Judge, cont.  often has the final say

46. Speaking to the Judge  eye contact is important  address respectfully

47. Non-juried Trials  Officers should address all testimony towards the judge

48. Exercising Respect  Address all others present as:

49. Recall Refreshing Memory Recall and Refreshing Memory  the importance of accuracy/thoroughness

50. Recall Refreshing Memory Recall and Refreshing Memory  defense tactics leading questions open ended questions

51. Courtroom Layout Courtroom Layout

52. Demeanor on the Stand  preliminary hearing role Testimony to establish probable cause that a crime has been committed.

53. 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

54. Civil Court Actions  no prosecutor  lesser “burden of proof “ for judgment  does not require unanimous verdict (5:6)

55. 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

56. cont. O.J. Simpson  In July, 1994, Fuhrman appeared a witness in the preliminary hearing of the homicide case against O.J. Simpson

57. 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?

58. cont. Defendant’s response:  Defendant’s response: No, it is not possible.

59. cont.  Prosecutor: Are you therefore saying you have not used that word in the past ten years, Detective?

60. cont. Defendant’s response:  Defendant’s response: Yes, that is what I’m saying.

61. cont. Prosecutor:  Prosecutor: And you say under oath, that you have not addressed any black person as a “nigger” during that time?

62. cont. Defendant’s Response:  Defendant’s Response: That’s what I’m saying, sir..

63. 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…?

64. cont. Defendant’s response:  Defendant’s response: Yes, they would.

65. cont.  Prosecutor: All of them, correct? All of them, correct?  Defendant’s response: All of them. All of them.

66. 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”.

67. Three other witnesses collaborated this same information, impeaching Fuhrman’s earlier testimony.

68. Through his attorney, Mark Fuhrman issued a statement “regretting the effect” his testimony had on the people of Los Angeles.

69. As part of his perjury conviction, he was precluded from ever serving as a peace officer in the State of California.

70. Honesty  Honesty is the key that opens the door to Respect

71. 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

72. 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

73. 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

74. 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!!!”

75. 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!!!”

76. The End