Posted on 09/10/2004 4:16:07 PM PDT by Dog
The expert ambush need not be a handwriting expert; it could be any kind of expert. Since I know about handwriting, I will use it to illustrate how to hold out until you can call in your own expert trooper, of whatever brand expert. Not being an attorney, I cannot tell you about laws and rules, only about techniques for taking the upper hand over the expert who knows it all, while you know nothing at all about that expertise.
The usual guidelines for cross-examining an expert are either inapplicable when facing the expert ambush or require modification. You are in a desperate situation, and desperation calls for desperate measures.
Your strategy is to make as legitimately lengthy an examination as possible. Extend voir dire till you can call in a consultant to help with cross-examination of the experts testimony in chief. In the illustrative example, that means using up to one and a half hours for a thorough voir dire after the fifteen-minute, or less, presentation of qualifications. The 60 to 90 minutes for lunch might permit finding someone who can come in today.
Then your strategy is to make a technically and properly complete cross-examination till the 5 p.m. adjournment. At which time the judge should be informed either that your examination is complete or precisely how much more you have to go. Resist the ploy of telling the judge you only have two or three more questions. As we all know, when an attorney says, "I only have two or three more questions to go," the word "question" is a synonym for "hour."
(Excerpt) Read more at expertpages.com ...
CBS fabricated the documents on a word processor, that's clear.
What's not clear is the source of the information in the documents. Rather apparantly believes the information once existed, or describes real events.
If the forgery can ever be proven, they will use a Tawana Brawley variant defense, that they had to forge the documents to show on air for visual purposes, but that the events really happened, or might have happened, or if they didn't that 1LT Bush did other bad things.
Excellent point.
Good thing CBS brought in an unbiased (lol) handwriting expert to review the documents.
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