A Proposal to Name D.C.’s New Crime Laboratory After Donald E. Gates

I have been fretting about the Donald E. Gates case since I first learned about it last December.  Yesterday I got a call from Sam Harahan, another person who has obviously been thinking about it quite a bit… Read More

More Mistakes in the Donald E. Gates Case

Last week I posted an entry about Donald E. Gates and how he served 28 years in prison for a crime he didn’t commit.  Gates was convicted on the basis of false testimony by FBI agent Michael P…. Read More

On Forensic Science and Donald E. Gates

Donald E. Gates served 28 years in prison for a crime he did not commit.  In 1981, Gates was convicted of raping and murdering a Georgetown University student, whose body was found in Rock Creek park with five… Read More

Listening to the Witness on Cross-Examination

This guy has his eye put out in an accident.  He can’t afford a glass eye, so the eye doctor puts in a fake eye made of wood instead. The guy is very self-conscious about his wood eye,… Read More

The “Too Clever By Half” Prosecution Witness

One of my favorites targets for cross-examination is the prosecution witness with an axe to grind.  While you need to be vigilant as a criminal defense attorney facing this type of witness, particularly if you are in front… Read More

The “No-Lose” Question on Cross-Examination

Criminal defense attorneys spend a lot of time before trial trying to anticipate the testimony of witnesses who will be called by the prosecution to testify. A familiar piece of advice, one that has worked its way into… Read More

Tiger Woods, DUI, and the Husband-Wife Privilege

Tiger Woods’ car accident the day after Thanksgiving illustrates a number of the DWI, DUI and OWI issues I have discussed on this blog.  The fact that Woods was charged with careless driving but not drinking-and-driving does not… Read More

Drugs: Admissibility of Statements

Many people assume that if the police did not read the defendant his or her Miranda rights (“You have the right to remain silent,” etc.) during any phase of police investigation, the whole case will be thrown out…. Read More