direct+exam+2

Direct Examination

Name/ Attorney:dan lynch_ __Period: _8/9__ Case Title: _state of oklahoma_ __V__ __paula thrombold___ __The Witness You Will Question:__ _taylor harris (cody burdwood)__

What are the major points that you will make with this witness? <knew both paula and gavin <gavin told taylor about paula looking at insurance policies and moving the gun around <gavin was a loving and caring husband

Write a list of questions you will use to introduce your witness to the jury and provide background on the witness. Ask for only one small piece of information in each question. In the left-hand column, write the answer you expect the witness to give, with a reference to the page of the trial packet where you found that information.
 * Answers || Page & Line # || Questions ||
 * taylor harris ||  || please state your name and spell your last name ||
 * he was my neighbor ||  || how did you know gavin? ||
 * i knew her well but not as well as i knew gavin. we would sometimes go out to dinner as a double date kinda thing. ||  || did you know paula very well? ||
 * yes, paula thrombold ||  || do you recognize anyone in this courtroom? ||

Possible objections/ responses:

Write questions designed to establish your witness’ relation to the case. (Do you remember the night of XX? Where were you that night? Do you recognize anyone sitting in the courtroom? How do you know her?) In the left-hand column, write the answer you expect the witness to give, with a reference to the page of the trial packet where you found that information.
 * Answers || Page & Line # || Questions ||
 * yes, i do ||  || do you remember the night of november 25, 2004? ||
 * i was at home, and then i was at gavin's. ||  || where were you that night? ||
 * yes i did. ||  || did you have any contact with gavin or paula that day? ||
 * i had called gavin at his restaraunt, the cowboy grille. ||  || please explain ||
 * to ask him about a charity golf event we were holding the next day. ||  || why did you call him? ||

Possible objections/ responses:

Write a list of questions that will elicit from your witness a description of the "scene." The questions should evoke only one small piece of information at a time. Write questions that evoke a vivid description of what the witness observed about the place, the people, the atmosphere of the day/night that is the focus of the testimony. The jury should be able to visualize the scene. In the left-hand column, write the answer you expect the witness to give, with a reference to the page of the trial packet where you found that information.
 * Answers || Page & Line # || Questions ||
 * he seemed to be disapointed and in a bad mood. it also sounded like he had been drinking some. ||  || how was gavin when you talked to him? ||
 * paula was supposed to be home to pick up a package for him but she was not there in time, so he was angry with her. ||  || why was that? ||
 * i decided to walk to his house to check up on him since he had sounded upset on the phone. ||  || what did you do after you finished talking to gavin? ||
 * when i was on the way there, gavin sped by me in his convertable with the roof down. i don't think he saw me. ||  || did anything unusual happen when you were on your way there? ||
 * i was walking into the garage to go inside but then i heard gun shots and became terified and called 911 on gavin's car phone. ||  || what happened when you got to his house? ||
 * i ran into the bushes to wait for the police to arrive. ||  || what did you do after you dialed 911? ||

Possible objections/ responses:

Write a list of questions about the actions your witness observed. Focus on open-ended questions, beginning with the words who, what, when, where, why, how. Start at the beginning. Avoid jumping around in time and instead design questions that get the witness to tell the story chronologically one step at a time. In the left-hand column, write the answer you expect the witness to give, with a reference to the page of the trial packet where you found that information.
 * Answers || Page & Line # || Questions ||
 * i had somewhat of a concern. ||  || before this day, did you have any reason to suspect that something like this would ever happen? ||
 * gavin had told me that paula had been looking over the insurance policies and that she had moved the gun they kept in the house for protection several times. ||  || why? ||
 * no. he was a loving a caring husband. i don't know why she would ever do something like this. ||  || did you know of any reason paula would want to kill gavin? ||

Possible objections/ responses:

What is the information you want the jury to hear last, in order to make a lasting impression? Write a question designed to drive home the main thing you want the jury to learn from this witness.
 * Answers || Page & Line # || Questions ||

List all inconsistencies and potential weaknesses in your witness’ story/testimony: Write a list of questions designed to address the weaknesses and inconsistencies in your witness’ testimony in a light most favorable to your case. Think of ways your witness can explain these weaknesses to the jurors in a truthful way that will generate empathy for the witness. In the left-hand column, write the answer you expect the witness to give, with a reference to the page of the trial packet where you found that information.


 * Answers || Page & Line # || Questions ||
 * none ||  ||   ||
 * none ||  ||   ||

What exhibits will be introduced through this witness?
 * Exhibit || Testimony || Page & Line # ||
 * none ||  ||   ||