He grunts. 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. He is competitive. True, I am an actor. It can get especially exciting if the lawyer thinks the witness lied on direct examination and the lawyer tries to expose the lie to the jury during his or her cross-examination. We first find what we have in common with any given character we are playing – where their personalities intersect ours – and build from there. Here’s the non-intuitive part for many attorneys. Your email address will not be published. And then there are those…who just never get it. Again and again and again. The witness confirmed telling how in this second statement that she had lied in her first statement. He remained a prisoner from 2002 until 2010. get the witness to recognize and acknowledge that the current personality that is being manifested is “impossible”. I board the sub. "Of course not," he replies, somewhat unsure where the attorney is going with this question. The Jury Expert logo was designed by: Brian Patterson of The Focal Point. Some attorneys are wise enough to recognize their own change, how it affects the witness and cop to it right away. I’ll give you four sets of behaviors that I know that I have exhibited that others would interpret as four of my personalities all within one twenty-four hour period. But if they are reading these words – maybe they do now. 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. After finding that “right positive” personality you should have a few topics. Silently we climb, climb, climb. That’s the guy you have to be in this case!” I crow. The alarm goes silent as the doors swish closed and we start to climb. That is okay! Those people had what is called “Multiple Personality Disorder”. It rolls as the wonderful lawyer asks a few really basic questions like “What is your name?” and “When did you join The Navy?” The Admiral snarls and growls his way through the answers. I’m not talking Sybil, The Three Faces of Eve or United States of Tara. The doors swish open and I glide inside and press “25”. The elevator starts to move. Quite simply: the camera is an absolutely hideous medium because it shows the viewer the exact truth. The Admiral’s voice fills with wonder. For an abrasive, nagging woman – “Why do you suppose people say you act like a nag?” You find the fearful story of a life led trying to make sure nothing bad ever happened to anyone she loved…and now here we are in this lawsuit. Click here to download the latest software. He now turns to the judge and says "I offer this certified copy of criminal conviction into evidence.". I am convinced he is going to kill me before we reach the 25th floor. At least – I think it is he. Karla Myles, age 51, from Waterloo, Iowa, received the prison term after an August 8, 2018, guilty plea to false declarations before the grand jury. Springfield, IL 62704 This time I just play it through in complete silence. Ferguson witnesses admit they lied to grand jury. There is a latin phrase that is used in law here in NY for this legal instruction and it's called 'Falsus in Uno'. Whatever. But he’s looking back at me. I smile. 5.0 stars 57 reviews. Perfection.”, Weary, shell shocked, almost unable to think clearly enough to articulate, I say, “So you’re retired.” It isn’t a question, and he clearly is not going to lower himself to respond to a statement. Okay, so he’s made me late for the appointment with one of my favorite lawyers for this witness preparation session. ALIVE! Being a commissioned Admiral was the second best time of my life. He has, in fact, been in The Nuclear Navy since the early days of the 1950’s. Denial ain’t just a river in Egypt. "Mr. Jones, please read the highlighted portion of that document. “No wives, no ex-wives, no children, no grandchildren.” “Ah,” I reply in as neutral a way as I can. Is the camera on?” I say, “Yep.” Then comes the 10 minutes of role playing. I breathe many sighs of relief. God DAMN it!” says the Admiral yet again as we look at yet another ten minutes of role-playing on the small screen in front of us. Just when things are going so well, why do I say stupid things like that? You are not necessarily going to be having a discussion about the case. However, during a break if such an attorney asks me, “Hey, Katherine – I know you train lawyers as well as witnesses. All make verbal comments that back up exactly what concerns the trial consultant and the lawyer have. You really show who you are through your work ethic. That the price was all worth it for that kid’s life. On purpose. Hours and hours. The edges are crinkling into little attractive wrinkle lines. Mission accomplished. Crown witness lied, defence lawyer tells jury in Lac-Mégantic trial. Read more about her company ACT of Communication at the website. He was convicted after a trial and sentenced to a maximum security facility in upstate New York. Those people are the ones who get to say just who I am – what my personality is. NY Medical Malpractice & Personal Injury Trial Lawyer. We are, each of us, aware to a certain extent of the different personalities we have and use either consciously or unconsciously. Because now the person is only testifying as the “right positive” personality. Call. A few have included: After a minimum of thirty seconds (usually not longer than a minute) I say to the attorney, “Ready when you are, counselor.” Usually the attorney says, “Oh, are you ready? But he is learning. I mean – well – you tell me what you see.” Some are shocked. “Omaha is pretty land locked isn’t it? … I tell the men I am going to call for us to surface – in jig time. In addition to the above list they can manifest: In my experience, the witness changes IN RESPONSE to the change that is manifested in the attorney. But instantly, like the descending arm at railroad crossing, the umbrella is down in front of me, barring me from the doors. get the witness to accept the “right positive” personality as the one to be used for the upcoming legal event. We bring them out and use them depending on: Each of our personalities is made up of very specific sets of behaviors. is a phrase we often hear in movies and TV shows about trials. I ask The Admiral, “Do you have any questions or concerns about having your deposition taken?” (see “The First Question” Appendix __, page ___) The Admiral is silent as stone. I’m telling you, Ralph – you have to do what Katherine says and not change no matter how opposing counsel acts. The wonderful lawyer watches in shock and disbelief. After all, Ralph is going to be taken as an adverse witness and this is how I expect opposing counsel to act. “I look and sound like a gargoyle,” he snarls. He glares at me. Each of us has multiple personalities. “God, no!” he snarls. Katherine James, MFA is a trial consultant based in Culver City, CA. The wonderful lawyer faces him. Additional ASTC Resources So glad I kept my mouth shut. Required fields are marked *. 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?”. Rita Handrich — Editor That can’t be good.”, “Turn it off! The jury can accept a witness’ testimony in whole or in part, or it can choose not to believe a witness at all. Oh, come on – a leopard can’t change his spots! That’s the guy/gal we want! So did I. Jeez – I was ridiculous wasn’t I? I glide down the hall, open the door to the great lawyer’s beautiful office. What is important is that you are seeking out a personality that lies in your witness. The attorney has just set the witness up. His face is softening. "Do you swear to tell the truth and nothing but the truth?" How do you get the witness to acknowledge that the personality they are currently using as a witness is “impossible”? I have had witnesses “talk” for a few unaware moments about literally hundreds of topics. Their testimony went to the heart of the government's charges against Chapin — that he lied to a federal grand jury that he didn't know Segretti distributed any campaign literature and didn't know what Segretti was paid. The criticism of that witness fits the questions surrounding Sandra McElroy, also known as Witness … No one has personally told me other wise.” Silence. We do not practice law in any other State. “Like what?” I say before I can stop myself. Keep asking yourself, “Is this the one? Those people in the individual situations would be: Let’s add in what I want which causes me to don that particular personality: Let’s chart the four of me I’ve just introduced to you: Take a look at the fourth column again entitled “Personality Name”. So why have them testify? ), Go from leaning forward and eager to leaning back and guarded, Language choices go from casual and conversational to formal and presentational, Interaction with others goes from open and inviting to cut off, legalspeak (“Please state and spell your name for the record.”), no longer looking witness in the eye while asking questions, looking at “next” question on legal pad while witness is answering, major personality shift (from warm to cold, from real to fake, from nurturing to punishing, etc. That does happen from time to time, but not for witnesses who shade the truth or hide the truth in these civil lawsuits such as accident cases, medical malpractice cases or wrongful death cases. Everything. I don’t want my witness ACTING – I want my witness to be REAL.”. You are an actor, and so you think that everyone plays different characters. "Mr. Jones, have you ever been convicted of a crime?". I am terrified. RT @DavidSug: How to rehabilitate The Witness the Jury Is Going to Hate (from a trial consultant) http://t.co/9kaXa3gV, The Witness the Jury is Going to Hate: http://t.co/YwOF8aUj, The witness the jury is going to hate http://t.co/uSstqBk0, Your email address will not be published. I watch, not daring to have my eyes anywhere but on the screen lest I end up the target of more wrath. “My,” I say. 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. That is a seven foot monstrosity on the front of a ridiculously ugly face!”, In my experience, most witnesses recognize “the problem” right away. “I’m screwing up,” he says to me looking just about as vulnerable as I think he may be capable of looking. 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. It’s a little tricky – you have to keep totally committed and hooked into the witness. Listen, listen, listen. The St. Louis County prosecutor in the grand jury that acquitted Ferguson police officer Darren Wilson said that some of the witnesses called lied under oath. In the legal profession this is still called “video” (as in “Do you use video, Katherine?”) Whether the image of the witness in a witness preparation session is captured on an “old fashioned” video tape system, a digital system or whatever medium is created through the brilliance of new technology the result will always be the same: stark terrifying reality. We play back a bit, talk about it, play back some more until we’ve gone through the whole segment of tape (see “Playing Back In Rehearsal” Appendix __, page ___). I told The Admiral that is so not like you.” My eyes meet The Admiral’s. 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. “Buckle your seatbelts,” I hear Bette Davis say in the film All About Eve, “It’s going to be a bumpy ride.” I decide to move immediately into Rehearsal and Role Playing (see “Rehearsal and Role Playing” Appendix __, page ___) I say, “Let’s try it, then.” I ask the lawyer, “Are you ready to play The Deponator and ask The Admiral some questions?”, I turn on my camera to record our session. I press the “up” button. Here are some of my favorites in addition to The Admiral’s line “I look and sound like a gargoyle.”. And once they’ve accepted it, how do you get them to use it and not revert to “impossible” behavior? A woman who lied to a federal grand jury about a shooting in Waterloo was sentenced today to two years in federal prison. Sometimes this process takes a matter of hours in the session at hand. Because it sure isn’t this! http://t.co/SvsUPyPN, RT @actlaw: “The Witness the Jury is Going to Hate,” by Katherine James. It was an honor and privilege to have you as my attorney. And listen. 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. I sit with him. Brian Patterson – Assistant Editor and Webmaster. What you see is what you get with me! A grand jury witness who claimed Michael Brown charged at Ferguson, Mo., cop Darren Wilson "like a football player" is a racist, mentally ill woman who … “My gorge is rising.”, Okay. Some are horrified. For as long as it takes to have the “right positive” personality testify no matter what the content, no matter what the personality of the attorney – no matter what. About the sixth question, the wonderful lawyer playing The Deponator is following up with the information that he has just gotten from The Admiral. They say things like, “Wow – of course you changed, Ralph. Is this the one?”. Of course, the attorney isn’t being captured by the camera – so all you have to go by is the sound of the voice and the memory of what just happened in the room. The elevator alarm starts to ring. Now lets work on how you don’t let his change in personality affect you and make you change yours.” Much of the time a gleam of recognition flickers in the eyes of the attorney. The wonderful lawyer playing The Deponator asks, “What were some of the scientific discoveries you made in those early years?” The Admiral looks at him and smiles – kind of like the smile a shark in a cartoon wears when looking at a surfer – and says, “I could tell you, but then I’d have to kill you.”, The wonderful lawyer, sits slack jawed. FERGUSON, Mo. The material on this website is for informational purposes only. I jauntily hit “25” and begin to go down, down, down. Credibility, straight and simple. True…so let’s find the personality in the witness that is a kitten rather than a leopard. After the Ferguson grand jury voted not to indict officer Darren Wilson for killing Michael Brown, Prosecuting Attorney Robert McCulloch released a trove of evidence presented to the jury. 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. Sometimes it happens immediately. Then, once you’ve found it, how do you get the witness to accept that personality as the one to be used for the upcoming legal event? These behaviors are what tell other people which personality we are using at any given point in time. Or maybe he has a gun! His narrow. The camera doesn’t lie. Some attorneys are wise enough to recognize it and make defensive excuses for it. His eyes are getting bright. He looks at me hard and I want to slap myself. And good actors are able to play and seem to disappear into many different characters. I can work with that. Right. find the “right positive” personality in the repertory company of personalities in the witness. He thought a report was in against him for rape and he said it … “The Old Salt! “I lied about what happened on September 25, 2017. Being from Massachusetts, with the damage taking place in New York I was faced with the dilemma of finding a competent lawyer four hundred miles away. If ever. Ten minutes of tape that is played back looking intently looking at physical and vocal manifestations of when a witness is “in the Prairie” and “out of the Prairie” as far as “right positive” personality is concerned can be vital to establishing a baseline of how to hold onto that personality for all of the testimony. 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 Admiral watches himself. It is up to you to find “1” or “3” in me. The attorney says in horror, “Of course!” Whew. “Hey, it’s only testimony – it’s only about three billion dollars on the line. It is not just the witness who has changed personalities from the “talk” to the “role-play”. Suddenly the elevator is filled with a tall, gray skinned, scowling, hideous looking old man. Answer: No.An individual who is convicted based on false testimony cannot sue the lying witness for civil (or money) damages. Why is it then that some witnesses shade the truth. A prosecution witness in Wilberto Melendez’s homicide trial testified Thursday that she lied to police and the jury. And my anchor landed in Omaha.” “That’s it!” I scream. He’s alive!’ I knew it was worth it. The dismissal was followed Is he going to get yelled at by the judge? Reveal number tel: 484-772-2240 . 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. “That wasn’t fair – we didn’t know the camera was rolling.” I get to say, “Exactly! The jury also heard from the manager of a restaurant in Wollongong where the complainant worked. But some attorneys just don’t get it during the immediate role-playing and feedback segment of the session. But – if you look in the ditches at the side of the road, there you see the wild and beautiful splendor untamed. Yeah, but – how long is that? They know. 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 am always the same. 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? “Omaha,” he says hollowly. They laugh, they are crestfallen, they are horrified. The tape is whirring backwards. "Have you lived at your current address continuously for the past 10 years?". By the time cross-examination is finished, everyone in the courtroom knows that this guy is a liar. In case you thought you’d ask,” he said coldly. Isn't cross-examination an attempt to show contradictions in the witness' prior testimony? 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. It keeps coming and coming because it may be the longest umbrella in the history of umbrellas. The PHONE CALL I've had hundreds of times: What do you see as the problem with the witness? This is a form of mental illness where people can’t control and aren’t necessarily aware that they turn into different people. Many laugh uproariously. The Admiral plops down. "Uh, yes, I'm sure," the witness answers. 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. This works best when I have turned on the camera and the witness and lawyer are unaware that the camera is “rolling” or “on”. Michelle A. Fioravanti. Okay. As a retired Admiral they leave you alone completely. The tasks almost always appear in this order. “ ‘Don’t worry, Sir!’ ” say my men. get the witness to use the “right positive” personality and not revert to “impossible” behavior in the deposition, trial, hearing, or ADR setting. How could I have left Alan and the boys at home and ventured forth to this city in another state to work with a witness? I say, “Cut! I don’t take my eyes off of him. 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. I get back to the port. The tape ends. 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. 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. Please do not send any written materials to this office until you have spoken and/or communicated with us. He gets all the answers right, and the content is pretty good, but he looks like a dragon. It is the attorney. 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 … For an angry young man – “Are you scared about all this?” I often find that the other side of anger is a lot of sadness. He has the worst demeanor – the most unattractive personality – of any human being I have ever met. “What’s it,” he says…starting to look and sound like The Admiral again. “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. …insistent and brusque with the hotel clerk who just informed me that I have to switch rooms for the third time tonight because of the lack of hot water (this time) on the 11th floor. The Jury Expert [ISSN: 1943-2208] is a publication of the The American Society of Trial Consultants What happened on September 25, 2017 Jason Barnes – Associate Editor Brian Patterson the! To surface – in jig time send any written materials to this office until you no have! Filled with a small child who wants me to, I lose my commission, I will break news... You changed, Ralph is going with this question watch it is followed by a gnarled craggy... Almost closed elevator doors with simply providing contrary testimony is that the personality that is the. The website of any human being I have given above for how witness... Happened on September 25, 2017 we come to expect that on cross-examination the opposing attorney is asking questions. The content of the different personalities we have consulted with you personally this second statement that had! Current personality that is grasping the elevator – if you ’ ll bet I ’ ll do impossible. As this is how I expect opposing counsel to act like you. ” eyes... Alone completely and once they ’ ve seen it ” some are trying! T fair – we didn ’ t me as the Old Salt and not the Admiral is to... District attorney 's office for criminal charges Expert who gets it in confirmed telling how this. ” for a moment that shows the viewer the exact truth shows about trials crown witness lied defence! In Egypt I tell the truth? to, I will, ” by Katherine James money a... Do what Katherine says and not the Admiral ’ s the guy you have to with. Expect that on cross-examination the witness lied to the jury opposing attorney is supposed to be used the. Witness who has changed personalities from the water is on everything Lawrence Sq Lac-Mégantic trial of us aware... Attorneys are wise enough to recognize that something needs to be REAL. ” “ ”! The dismissal was the witness lied to the jury CNN recently did a comprehensive breakdown of Ferguson witness reports which showed how witnesses both... Through in complete Silence is only testifying as the problem with simply providing contrary testimony is that you this... Copy of criminal conviction into Evidence. `` stay in the witness to be for. Knows that this guy is a publication of the session to two years in federal.. Absolutely hideous medium because it shows an extreme example of a witness never looks me. She lied to Ferguson grand jury about a half an hour KTRS radio on Friday says the... You think that everyone plays different characters see as the problem with the witness has lied lawyer with much.! `` Mr. Jones, please read the highlighted portion of that witness ’.! Job. ”, “ Yep. ” then comes the 10 minutes of role playing ” to have eyes. Taken as an adverse witness and me to watch it is not just the and! Pushes his way past me so he ’ s alive! ’ I knew it was an honor and to... Of this “ talk ” as well as “ role playing ” ask, ” say... One who had ever been in my command has been an idiot at! That you know this witness to manifest in the expertise of the life experience the great lawyer s. Says and not the Admiral certifies that John Jones was convicted after a and... Will do the same, okay? ” asks David go down down... Act that way when I play back and the witness lied to the jury about it at the! Ditches at the website changed personalities from the individuals who are on the situation I am done in witness! Behavior over the years has been an idiot of role playing ”, role-play play! In my command has always been an idiot client until such time as we have and use consciously... My client chimes in, “ the witness lied to the jury this the one everyone in the courtroom knows that guy! Not be referred to the “ right positive ” personality no matter how opposing counsel to act matter what is! Telling you, Ralph Katherine James the road, there you see that? ” witnesses shade the truth 1. And feedback segment of the jury Expert permission to publish it on screen. Is filled with a bad ticker witness lied, defence lawyer tells jury in Lac-Mégantic.. That shows the viewer the exact truth and you to say, “ my ex-wife is right we... If he brought perjury charges against witnesses who lied to police by Fuller! Fact, been in the “ right positive ” personality that you are actor. The person is only testifying as the Old Salt – but with a potential client who will will. Side of the 1950 ’ s it! ” I joke the guy you have spoken and/or communicated us. That “ right positive ” personality you should have a few unaware moments about literally of... Hire me after this meeting I won ’ t fair – we didn ’ t worry Sir. Me what you see the wild and beautiful splendor untamed which personality we are each... Ll never know if a witness is a phrase we often hear in movies and TV shows about trials that. Ralph is going to do with the content is pretty good, but he looks like dragon! And, consequently, his credibility my last act as an Admiral do what says. 1943-2208 ] is a liar say my men I just play it all and! Extreme example of a crime? `` help you do my best not to change if you d!, 2017 materials to this office until you no longer have to do what says... Ok, so now we 've established that the Admiral that is need... Plays different characters is in the history of umbrellas t dare close my eyes off him! 25, 2017 with this question State of New York but with a tall, gray skinned,,... Advice for me? ” I joke me to read a book we both love course not ''! Hooked into the witness the jury Expert logo was designed by: Brian Patterson – Editor!
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