Trial Transcript: New Prosecutor Struggles With Basics of Direct Examination

by Jamison Koehler on June 22, 2015

A: It is a photograph of the bottle that was thrown through the window.

Q: How did you find that bottle?

A: I didn’t find the bottle. The policeman found the bottle.

THE COURT: So she didn’t find the bottle. It seems that you put facts in your question that aren’t in evidence. Did you want to rephrase the question?

PROSECUTOR: Permission to rephrase.

THE COURT: That would be a good thing.

Q: Do you know how the bottle entered that room?

A: Through the window.


THE COURT: Just a second. Knowledge is something that one gets from hearsay. In other words, if you want to ask her whether she saw it with her own eyes that would be a different matter, but it’s not something she can testify about if somebody else told her.


Q: Did you see that bottle come through the window?

A: No.

Q: Is that the bottle that entered through the window?


THE COURT: So you’re asking her a question that she’s not competent to answer, because she doesn’t have a basis of knowledge, so I sustain the objection.


Q: Was that bottle in your room, was that your bottle?

A: No.

Q: Was that bottle in your room at 9:00 in the morning?

A: No.

Q: Was the window pane unbroken that morning?

A: Are you asking me was it broken? No, it was not broken that morning.

Q: And it was broken is what startled and awoke you, is that correct?

DEFENSE ATTORNEY: Objection. Leading.

THE COURT: Sustained.

. . . Q: Ms. Jones, how sure are you that you saw the defendant after the bottle came through the window?

DEFENSE ATTORNEY: Objection, Your Honor.


DEFENSE ATTORNEY: It hasn’t been established that that was what through the window.

THE COURT: Oh, all right. And so are you understanding the basis for his objection?

PROSECUTOR: Not entirely, Your Honor.

THE COURT: Well, she didn’t see a bottle come through the window, so stop putting that in your question. There’s a bottle some place in her place that she’s just identified. There’s a broken window that startled her. But don’t put into questions things that she did not see and hasn’t testified to.

PROSECUTOR: Well, I believe –

THE COURT: So I’m sustaining that objection.

3 Comments on “Trial Transcript: New Prosecutor Struggles With Basics of Direct Examination

  1. I think everyone will be hitting the bottle after that exchange.

  2. George!

    My favorite part was when the prosecutor asked for permission to rephrase the question. That elicited the court’s rather dry response: “That would be a good thing.”

  3. Wow – and these are educated people?????

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