cross+exam

Name/ Attorney:_cessandra smith __Period:__ _8/9 Case Title: _state of oklahoma V paula thrombold__ The Witness You Will Question: kerru kelsor Irving Younger's "Ten Commandments of Cross" 1. Be brief 2. Short Questions, Plain Words 3. Ask Only Leading Questions 4. Never Ask a Question to Which You Do Not Already Know the Answer 5. Listen to the Answer 6. Do Not Quarrel with the Witness 7. Do Not Permit the Witness to Explain 8. Do Not Ask the Witness to Repeat the Testimony He Gave On Direct Examination 9. Avoid One Question Too Many 10. Save the Explanation for Summation * **BIAS!!** *she said that she knew she was in danger and .... (pg 38 lines 108-112) ** A. **BIAS!!!!** B.    || ||  ||   ||   || killed by her batterer? >yes || Include the page and line number for each question. || autorney? >yes ||  || >no ||  || >no ||  || you were asked to work with her case? >yes ||  ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || and after reviewing other witness' statements that you determined that mr wright had in fact abused paula, correct? >yes ||  || physical abuse that led to her reporting wright to the police, correct? >yes ||  ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||  What is the information you want the jury to hear last, in order to make a lasting impression? Write a leading question designed to drive home the main thing you want the jury to learn from this witness?
 * Cross Examination **
 * 1)  . What are the main points you want the jury to understand after hearing this witness testify?
 * *Did not know mr wright and was basing her "knoledge" of him offf what paula had told him.
 * 1)  Read any other witness statements that discuss interactions with or observations of your witness, to check for any inconsistencies in stories. _**there are none_**done
 * 2)  List all inconsistencies and potential weaknesses in your witness’ story/testimony:
 * 3)  **bias**
 * 4)  **says he wishes his sister would've killed her batterer, as if he admired paula for killing gavin.**
 * 5)  **it is al opinion!!**
 * 6)  **did not know mr wright**
 * 7)  **did not know paula until called into the case**
 * 8)  List the two best ways you think you can attack this witness (perception, credibility, memory, bias, prejudice, interest, inconsistencies). Be specific about what aspect of perception, etc.
 * 1)  Does this witness make any statements that are helpful to your side of the case? List them.
 * 2)  **PAGE 38 LINES 108-112 (naturally, during the time she waited for him to arrive home, her anxiety level, already high due to the threatening remark he made on the telephone, steadily increased. this type of situation was one thriugh which she had lived dozens of times in the preceeding eight years. it is my opinion, that mrs thrombold's prior experiences as wright's victim lead her to believe that her life was in danger.)**
 * 3)  **page 38 lines 117-119 (i think any woman under the same circumstances would have shot the man, and as a matter of fact, i wish m,y sister had done the same thing to her batterer. if she had, he's the one who would be dead instead of her. )**
 * 1)  Write a list of LEADING questions (seeking only yes or no answers) focused on the first way you intend to attack the witness. In the right-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.
 * Q&A Statement  ||  Page & Line #  ||
 * is it true that you began focusing on abuse since your sister was
 * is it true that you were retained into this matter by paula's defense
 * had you known ms thrombold at all before the case?
 * had you known mr wright at all before the case?
 * so you had no knowledge of mr wright or mrs thrombold before
 * 1)  Write a list of LEADING questions (seeking only yes or no answers) focused on the second way you intend to attack the witness. In the right-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.
 * Q&A Statement  ||  Page & Line #  ||
 * you stated in your sworn statement that based upon your interview with mrs thrombold
 * but you also said in your statement that none of the witnesses verified the
 * Q&A Statement  ||  Page & Line #  ||
 * can you read this statement for me please?

so ms thrombold was already nervous due to the remarks he made to her on the phone, correct? >yes
 * naturally, during the time she waited for him to arrive home, her anxiety level, already high due to the threatening remark he made on the telephone, steadily increased. this type of situation was one thriugh which she had lived dozens of times in the preceeding eight years. it is my opinion, that mrs thrombold's prior experiences as wright's victim lead her to believe that her life was in danger.**

and she knew that this was going to be the type of situation thru which she had lived dozens of times in the preceeding eight years, correct? >yes

is it also true that you atated her prior experiences as wright's victim lead her to believe her life was in danger? >yes

given this knowledge she still chose to atay and await his return, correct? >yes ||  ||