D.C. Superior Court judges do not typically allow re-cross examinations. Yes, you have a constitutional right to confront witnesses against you in a criminal proceeding. But, with judges enjoying widespread discretion to oversee the proceedings, this right is not without its limits. The defendant in Gabriel Sanchez v. United States, 287 A.3d 1241 (D.C. 2023), was charged with Assault with Intent to Kill …
Q: Officer, as I understand it, you were parked behind my client at the intersection of 19th and M Streets northwest? A: Yes. Q: And there were two reasons you decided to pull him over? A: Yes. Q: The first reason was that he didn’t pull forward immediately when the light turned green? A: Yes, I was concerned that – …
Q: Turning your attention now, Officer, to the one-leg stand. A: Okay. Q: Mr. Jones had you step into the well of the court and demonstrate how you delivered the instructions on the night in question. A: Yes, sir. Q: And, in fact, you were speaking so quickly that the stenographer had to interrupt you. She had to tell you …
BY DEFENSE ATTORNEY Q: Now, officer, turning to the HGN? A: Yes. Q: The horizontal gaze nystagmus? A: Yes. Q: It’s fair to say that you are not an opthamologist? A: That’s right. Q: Or an optometrist? A: No. Q: Or an optician? A: No. I am not. Q. But, according to the government, you are an expert in the …
Q: Officer, you testified on direct that when you first saw my client, he was driving southbound on 7th Street? A: Yes. Q: You were driving northbound? A: Actually I was parked. I was parked facing north. Q: When you first saw my client, he wasn’t speeding, right? A: Not that I’m aware, no. Q: He wasn’t swerving? A: No. …
Whenever you walk into a store, it doesn’t matter how busy the staff may be, the clerk should immediately acknowledge your presence. Good afternoon, sir, the clerk should say. I will be right with you. You forgive a lot once these words have been spoken. Please, you respond graciously. Take your time. And you mean it. The same principle should …
BY MR. KEY: Q: When was the last time this particular machine, the one in Government’s Exhibit Number 4, was actually calibrated? A: You mean auto-cal’d? Are you talking recertified or auto-cal’d? Q: All of them. You tell me when is the last time you calibrated this machine? A: That machine I haven’t calibrated. Q: So, when was the last …
In 2010, Thomas Key and Bryan Brown almost single-handedly dismantled the Metropolitan Police Department’s DUI program through a series of remarkable revelations about the inadequacies of the program. In 2011, the two defense attorneys set their sights on the program run by U.S. Capitol Police. Here is Thomas Key cross-examining U.S. Capitol Police Officer William St. Ledger on a sign that …
When my daughter was still a toddler, I was strapping her into the child safety seat of an overheated car when she began to blow small breaths. It took me a moment to figure out what she was doing: Having learned that she could cool down hot liquid by blowing on it, she was using the same principle to try …
He is a senior prosecutor. He doesn’t hide the ball or over try his cases. He is pleasant and reasonable, and he lets you know exactly where he is coming from – what he can do for you and what he can’t. I was surprised he went forward with this particular case. As Wayne my investigator says, sometimes there’s just …