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To: blau993

If the lawyer was giving the witnesses trial testimony, that's obviously wrong. This is especially true if it was testimony from the punishment phase, which is what this is all about.

Still, the judge should inquire to determine whether the testimony has been tainted, not just exclude them.


39 posted on 03/15/2006 3:53:05 PM PST by Dog Gone
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To: Dog Gone

As I understand the facts, the TSA lawyer was sending them transcripts and was also talking about lines of cross-examination they would likely face. The former is a serious no-no. The latter, if handled right (preferably by part of the prosecution team and not some TSA dunderhead) would probably be OK. I have prepped hundreds of witnesses, and it isn't that hard (and doesn't violate court restrictions) to make them indirectly aware of what you can't say to them directly. It does, however, take some skill and sensitivity, which obviously were lacking in the TSA Allstar.


41 posted on 03/15/2006 6:30:57 PM PST by blau993 (Labs for love; .357 for Security.)
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