1. Taking the Witness Stand: Effectively Speaking On Behalf of Children In The Courtroom Amy Fite Prosecuting Attorney, Christian County afite@christiancountymo.gov Rebeca Navarro-McKelvey Assistant Prosecuting Attorney, St. Charles County rmckelvey@sccmo.org

2. General Guidelines for Witnesses Listen to the question asked and answer ONLY that question It is okay if you don’t know the answer-don’t speculate/guess Correct the prosecutor, the defense attorney, the judge if they misunderstand your answer If you don’t understand a question, or part of the information in question is incorrect, let the examiner know Portray confidence at all times

3. Goals During Testimony Want to make an impact on judge or jury Want to communicate your part of the story clearly and persuasively Want the judge/jury to trust you and have confidence that what you are saying/ explaining is accurate

4. MIND CONTROL VOICE CONTROL BODY CONTROL IMAGE CONTROL

5. Stop, Prepare, then Testify Preparation begins when you are subpoenaed Review your report, if you wrote multiple reports review them all Review property receipts for any evidence that you may have seized or records you prepared If you find evidence that needed to be forensically tested, but was not, alert the PA and discuss this issue. Be aware that your investigation may have uncovered new or different information, and a supplemental report may be needed. If you are a 491 witness be sure you have turned over any and all statements of the child pertaining to abuse When documenting events use the same process every time

6. Meet in person, if possible If you are subpoenaed by defense, State should still prepare you Be familiar with pre-trial rulings that limit your testimony Ask PA what your role is in the case Ask the PA the purpose of the hearing Discuss handling of objections as clues for answers Discuss any errors in your reports that need to be corrected Prepare for questions that maybe asked by defense ANYTHING YOU TAKE WITH YOU ON THE STAND IS SUBJECT TO REVIEW BY THE DEFENSE Pre-Testimony Prep Meeting: Clearing the Road for Effective Testimony

7. Exhibits You should look at the evidence you seized Review how you labeled it Has there been additional writing added at the lab? Location where you sealed the evidence should be untouched – the lab should have opened at a different location so your markings are identifiable Likely will be asked to open an evidence bag if it is unique – such as drugs If exhibits will be admitted go over the foundation for admission Practice using demonstratives in an effective, not distracting manner Be sure that audio or video evidence is clearly audible, if not send it for enhancement

8. VS. If you made a mistake identify it, own it. and move on REPORTS ARE NOT TRANSCRIPTS

9. Types of Pre-trial and Post-trial hearings Preliminary Hearings Grand Jury Testimony Motions to Suppress Evidence/Statements 491 Hearing for Admission of a Child’s Hearsay Statement Protective Custody Hearing Depositions Sentencing Hearing

10. DEPOSITIONS Purpose Legal purpose – defendant has right to discovery – Uses of deposition– discovery and inconsistent statements (IMPEACHMENT) What are they? – Defense counsel’s efforts to gather more information – Defense counsel asks questions of you regarding the work you’ve done and your background – Prosecutor will be there (but is NOT your lawyer) – Court reporter will be there What if they ask questions you are uncomfortable with- personal questions, etc.?

11. Depositions Prepare – Review on your own whatever records you prepared or have as part of your case file– Medical Records, CAC report, police report, DSS reports, etc. Talk with prosecutor prior to deposition – Ask if the deposition will be video- recorded Rules – Answer aloud (no shaking of the head) – Answer with words (no “uh huhs”) – Answer the question that is asked – Make sure you understand the question before your answer At the end you will be asked if you want to review

12. The “Un” Deposition You may be contacted by the defense attorney who wants to talk to you “Off the record” Should you do it? What are your options? As an endorsed witness, defense has a right to talk with you Having such conversations off the record leaves everything you say open to interpretation and risks your statements being taken out of context Feel free to say to them “I’m happy to talk with you, but if you want to talk off the record, I’d like the State to be there. Please contact the prosecutor to arrange the meeting.”

13. Lil’ Wayne Deposition Testimony

14. ANGRY DEPONENT

15. Cross Examination: The Defense Attorney’s Chance to Testify Expect leading questions-Statement that is turned into a question by inflection or tag lines May be easy and simple or confrontational No matter how vicious the attorney, maintain same posture, tone, and demeanor as you did on direct (staying calm and professional is crucial) Assuming that you are being asked “yes or no” questions, if it is not possible to answer that way, ask “May I explain”-if the attorney says no he/she appears unfair

16. Avenues of Attack During Cross Examination

17. Don’t get on the “Yes” train, but do talk to the hand. Technique of using a rapid series of questions designed to getting you to answer “yes” So important to really listen to each question and think before answering Example in DUI case Technique used to control a witness that is non-responsive or that is responding in a way that the examiner doesn’t like Always talk to the hand, even if the face doesn’t care

18. CROSS EXAMINATION OF FACT WITNESS KENNEDY RAPE TRIAL

19. CROSS OF DOMESTIC VIOLENCE EXPERT IN JODIE ARIAS TRIAL

20. CROSS EXAMINATION OF POLICE COMPUTER FORENSIC EXAMINER IN ARIAS TRIAL

21. Re-Direct/Re-Cross Prosecutor will be able to question you again on re-driect – Should be limited to what brought out in Cross Examination Sometimes it’s not necessary (if cross goes REALLY well) – This is when the witness and the prosecutor can clear up any issues brought up by defense during cross – This is when you might expect questions that may seem obvious to you Defense will be able to question you again (Re-Cross) – Should be limited to what brought out in Re-Direct

22. Direct Examination Expect open ended questions in Direct Questions designed to lead to a narrative answer The witness must tell an interesting story (especially the fact and blended witness) Initial questions will be about background – Name – Occupation and how long – Education/Training – Experience – Current Assignment – Supervise others – Called to scene

23. Direct Examination of Blended Witnesses EASY QUESTIONS – Number of cases have you seen/treated dealing with … – Procedure a victim, patient, child, etc. goes through when arriving at your facility – Records You may be asked to lay the foundation for their admission – Do you make a record of your examination – At or near the time of your examination – Kept in the ordinary course of business – Have you had a chance to review the records pertaining to … – Fair and accurate copy – Custodian of Records

24. After testifying Follow-up with the prosecutor and ask any questions you have about what happened. Think about whether there were answers you wish you could have answered differently and why. If the prosecutor confused you or you felt unprepared for something let the prosecutor know. You should be notified of the outcome of the case if you are not call and ask about the case.