Trying a case — in this case, a CPO hearing — against an unrepresented party is always an experience.
I suspect that my remote-hearing persona may be more adversarial than my in-person one. And this concerns me: What does this say about me?
Q: Well, let me spell it out for you. At the airport, you showed up out of the blue, uninvited. Just like in the song. A: I had no idea she and her boyfriend would be there.
You have to love the “no-lose” questions on cross-examination. Yes or no. You win no matter how the witness responds.
Police officers have all the answers on direct examination. The clarity and animation disappear when it comes time to answer questions from the defense.
Complaining witnesses lie on the stand. This never ceases to amaze me. They could be telling the absolute truth about events that led to the criminal prosecution. But when they get on the stand and they are challenged on details during cross-examination, they abandon the truth.
I have taken 63 cases to trial since 2015. I have secured outright acquittals in 23 of these cases – roughly 37 % – and partial acquittals in an additional 8.
There are tons of criminal defense lawyers eager to tell their war stories. But how many people have been acquitted of a felony criminal offense?
Police officers have an instinctual unwillingness to agree with a defense attorney. Call me old-fashioned but I think it should be “just the facts, ma’m.”
Imagine my delight upon seeing the term “stuporous” used in the police report. Sometimes officers try to do too much. They should stay in their lane.