Dr. Noelle Nelson - A Note from Dr. Noelle



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How to Help Jurors Discredit the Lay Witness in Cross - WINNING TIP #222

We all cooperate more willingly with decisions we’ve had a hand in making. Jurors in trial are no different. Ask your questions in cross-examination in a way that allows the jurors to arrive at the unmistakable, inescapable, conclusion you want them to, rather than force the conclusion down their throats or risking a sympathetic answer from defense’s witness.

For example: The lawyer is cross-examining a lay witness at the scene of a bus-pedestrian accident. The lawyer represents the pedestrian.

Question: Ms. Smith, did you see the bus as it came towards the intersection of First and Main shortly before the accident?
Answer: Yes, I did.
Question: Could you tell us what the color of the light was for the bus as it came down First?
Answer: It was green, a green light.
Question: Really? Isn’t it true that when you spoke to the police officer shortly after the accident you said the light was red?
Answer: Oh, well, I’m sorry, I’m a little nervous. I’m sure the police officer report is right.

Well, at this point, the jurors may very well believe the witness, since she’s being humble and apologetic and who isn’t nervous in court? The lawyer meanwhile has lost the opportunity to show the jurors that the case isn’t as cut and dried as defense would have them believe.

A more effective way to approach this might be:
Question: Could you tell us what the color the light was for the bus as it came down First?
Answer: It was green, a green light.
Question: Ms. Smith, did you talk with a police officer right there at the scene, just after the accident?
Answer: Yes, I did.
Question: And did that police officer ask you what color the light was for the bus as it came down First?
Answer: Yes, I think he did.

Rather than pounce on the witness at this point and give her the opportunity to sympathetically correct herself, the lawyer could produce the police report and show (visuals work!) the portion where Ms. Smith unequivocally said “The light was red,” and simply end his cross on that note.

The jurors can now come to their own conclusion that Ms. Smith is, for whatever reason, being less than truthful, and are now much more likely to accept the police report as stated, which was exactly what the lawyer wanted them to do.

Winning Words:

“Be sincere; be brief; be seated.”

Franklin Delano Roosevelt

Giving a deposition or testifying at a trial can be a painful and costly experience if the client is not well prepared. Use Dr. Noelle Nelson’s “101 Winning Tips: How to Give a Good Deposition and Testify Well in Court” to help your clients successfully prepare for their turn on the stand or in deposition. Click here for more information

A WINNING CASE Dr. Noelle Nelson recently consulted on:

Congratulations to Michael Haight and Jay Kenyon of Henness & Haight (Las Vegas, NV) for their unanimous Verdict of $3.51 million after 5 ½ hours of juror deliberation, in favor of 60 year-old Roger Johnson, and against JP Flexibles, a New Jersey corporation as a result of serious right hand injuries Mr. Johnson suffered when the defective high pressure paint hose he was using burst and injected paint into his right hand. Defense counsel argued at trial that Mr. Johnson saw the rupture and intentionally covered it with his bare right hand so as not to "make a mess."

Dr. Nelson selected as one of "100 Legal Consultants You Need to Know"
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