Direct+Exam+3

Name/ Attorney:_ __Period:__ _ Case Title: _ __V__ __ The Witness You Will Question:  ____ ** This work sheet will be completed by the attorney and the witness. ** **  TIP: With the jury watching and listening, don't put words into your witness' mouth. The evidence on direct needs to come from your witness, not you! **   ||  Pg 22 line 1  ||  Please (introduce yourself to the jury)state your name and age  || || Pg 22 line 17  ||  What is your formal medical schooling? ||  ||  Pg 22 line 17  ||  Have you published any documents on BWS? ||  ||   ||   (Do you wish to have Peyton established as an expert witness?) || Possible objections/ responses: || Pg 22 line 23  ||  Do you recognize anyone in the courtroom? ||  ||  Pg 22Line 23  ||  Who do you recognize? ||  ||  Pg 22 line 23  ||  How do you know Miss Thrombold? (Did you examine her?) || || Pg 23 line24-25  ||  Did Paula have any medical conditions while you saw her? ||  ||  Pg 22 line 28-29  ||  Did Paula ever mention anything reguarding Gavin? ||  ||  Pg 22 line 30-31  ||  What do you believed cause Mrs. Thrombolds depression? ||  ||  Pg 22 line 32-33  ||  How did you observe Gavin and Paulas relationship? Obj! Opinion || Possible objections/ responses: || Pg 23 line 40-52  ||  Can you please explain BWS? ||  ||  Pg 23 line 58-49  ||  Has this ever been scientifically proven? ||  ||  Pg 23 lines 102-103  ||  Can doctors reliably diagnose BWS? Why not? || Yes ||  || Did Gavin ever approch you to talk about Paula's condition? || because she had been reviewing insurance policies and a gun that he owned had been moved around their home without his knolege. ||  ||   Why do you think he was concerned?
 * Direct Examination **
 * 1)  What are the major points that you will make with this witness?
 * 1)  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   ||
 * Peyton Green, 53
 * Yes, BS in Forensic Sciences from the Univ. of OK. I did a residency at Oklahoma Country Medical Center.
 * Yes, I wrote a book
 * 1)  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
 * Paula Thrombold
 * I was her physician, I first saw her in 1997 after her and Gavin got married
 * She had frequent headaches, depression, sleeplessness, and unexplained bruising.
 * No, she flatly denied any abuse in their relationship, and frankly if she said there was, I would have been stunned
 * Regretting having sold her interest in the design company
 * I often thought how fortunate she was to have such a caring husband
 * 1)  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   ||
 * BWS is a popular way to justify criminal conduct by woman who have committed murder.
 * BWS has never been validated through scientific research as a bonified condition
 * No, the symptoms are to varied.

if Objection: not proof in the case just leading to a point. ||  ||   ||   ||   ||   ||   ||  Possible objections/ responses: Check above! || Pg 23 line 62-63  ||  Is it possible to fake BWS? ||  ||  Pg 23 line 58  ||  Is it possible to tell a real case from a fake case of BWS? ||  ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||  Possible objections/ responses: The simple answer is no, we can not ||  Pg 24 lines 102-103   ||   Once again Dr. Green, is it possible to accurately or reliably diagnose BWS? ||  ||  Pg 23 lines 51-52  ||  What other possibilities could being battered bring about? ||  ||  Pg 23 lines 60-62  ||  Because Paula has headaches does that mean she has BWS? ||  ||   ||   ||   ||   ||   ||   ||   ||   ||
 * 1)  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   ||
 * Yes
 * No, signs and symptoms associated with BWS are no specific
 * 1)  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   ||
 * 1)  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   ||
 * Post traumatic stress disorder
 * No, a variety of conditions could cause them ranging from brain tumors to allergies.
 * 1)  What exhibits will be introduced through this witness?