The criminal trial of Mark Lawson is about to begin. The lawyers on our side have asked our firm to provide expert testimony in court. Since it’s the case you’ve been working on, they are asking you to lend your expertise and appear on the witness stand at the Lawson trial. You’ll serve as an expert witness, which is different from an eyewitness to events at the crime scene. Essentially, you are now an expert because you have figured out what happened by closely examining the facts of the case after the crime occurred.
(Keep in mind, we’re past the point in the case where you can change your mind - - the position you took in your Progress Report is the position you’ll represent in court.)
To be well-prepared for your day in court, you need to review your work on the case and think about how to effectively communicate your findings to the jury. The key to success is to present a logical explanation of the facts of the case and to support your position with visual aids (called “demonstrative evidence”) about what happened at the crime scene.
I have noted my suggestions about how to go about this below, but here’s a quick overview of what you need to prepare:
- Your testimony
- Demonstrative evidence, including the Crime Scene Diagram
- Q &A for cross examination
- Questions for the opposition
Prepare your testimony
You’ve already drawn your conclusion about the case. The challenge now is it to present what you know in a way that is clear, well-supported, and factually correct so that your testimony can convince even the most skeptical jury to see things from your perspective.
Using the evidence from your final Progress Report, outline the story you plan to tell the jury about what you think happened to Linda Lawson. Present your findings in a way that is logical and easy to follow. Remember to consider anything that might cause them to doubt your position and address those concerns in your outline.
Prepare demonstrative evidence
Visual materials can effectively demonstrate key points from your testimony and help you build a convincing argument for the jury. I’d like you to revisit your Crime Scene Diagram as you prepare for court. Make sure it has all the important details you need to articulate your position, and give it a professional polish. You may also consider using other visuals (e.g., photos) or demonstrations (e.g., reenactments) to educate the jury.
The legal process requires that each side gets a chance to preview witness testimony ahead of time. So after reviewing your testimony and demonstrative evidence, I’ll pass it on to the attorneys on our side who have to share it with the opposing counsel.
Prepare for cross examination
After you testify in court, the opposing counsel will question you in an effort to persuade the jury that your theory is wrong, or at least questionable. So, I want you to come up with a list of questions you think they might ask as part of their cross examination and then prepare answers that defend your position. I have attached some example questions to help get you started.
Review opposition’s case
Similarly, the attorneys for our side will be looking for ways to discredit the opposition’s testimony. The opposing counsel is going to have their own expert witnesses, just like you, but presenting their own interpretation of what happened. They’d like our help to review the other side’s position and to find good questions to ask that will expose weaknesses in their story. Given your familiarity with the case, I’d like you to help them do that. Just as we are providing our prepared testimony to opposing counsel, they will provide us with witness testimony for the other side. When I receive this from the attorneys on our side, I’ll pass it on to you. Use it to analyze the opposition’s theories and create a list of questions that reveal the weaknesses in their arguments and that discredit their theories about what happened to Linda Lawson.
Finally, a word of advice… Remember that the overall goal of your court testimony is to provide your professional opinion about what you believe happened. Organize your thoughts logically and convincingly - - but prepare to be challenged by the other side. I look forward to seeing how you will rise to the occasion.
Thanks,
K.C. Hammond, P.I.
Hammond Investigations