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To: palmer
Cooper: "I lay on my bed, naked, wet, smelling like chlorine, talking to Libby." Miller: "I lay under the aspens, the sunshine filtered by their leaves, connected by their roots, talking to Libby".

Very interesting.

This is an old trick used by savvy trial attorneys to enhance witness credibility. The idea is to get the jury to thinking, "Gosh, if he can remember that level of detail about the little stuff, his mind must be a regular Hasselblad camera on the important stuff!"

It generally only works well against a less experienced trial attorney. An equally or more experienced attorney will object immediately on grounds of relevance and hammer the witness relentlessly every time he tries to pull the stunt.

Or (and I've done this myself, but only in the occasional and "right" case because it is riskier), on cross examination he compliments the witness on his extraordinary memory for detail and commences to press the witness hard on fast on other details that MUST have been just as apparent as the "aspen" or the "smell of chlorine." One of two things generally happens: the witness tries to keep up by manufacturing a consistent reality on the truly picayune stuff until it becomes apparent he's lying through his teeth, or he stutters and stammers just a few feet out of the chute and finally admits he doesn't have a clue. Either way his credibility has been undermined.

Here the reporters are under no direct threat of being subjected to cross-examination and so the "jury" is left to marvel at the amazing detail provided by these professionals, these super beings with laser sharp memories. "Surely these are truthful witnesses!" gushes the readership. Or so it is hoped.

67 posted on 10/30/2005 5:15:38 AM PST by JCEccles
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To: JCEccles

I agree with your point, but my "quotes" of Cooper and Miller were only satire. I was using Cooper's literary style combined with the wierd prose issued by Libby to Miller to convince her to testify.


77 posted on 10/30/2005 5:32:36 AM PST by palmer (Money problems do not come from a lack of money, but from living an excessive, unrealistic lifestyle)
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