Effective Courtroom Testimony, Part 3

The Pre-Trial Conference

Over the years, I've conducted a number of informal surveys of prosecutors and officers regarding testifying in court. The number one item on each group's "wish list" is for a bona-fide pre-trial conference. By "bona-fide," I mean an actual face-to-face sit-down in advance of the anticipated testimony date, and NOT the all-too-common two-minute discussion in the courtroom itself.

At the pre-trial conference, the parties should thoroughly discuss all aspects of the case. The officer should point out  possible weaknesses in the case, including omissions, errors, and inconsistencies in the report. The prosecutor may identify some potential defense challenges,including challenges to the officer's credibility.  The pre-trial conference is also an opportunity for the parties to build rapport and trust.

The prosecutor prepares the witness-officer for the trial by providing an overview of the direct examination process. Usually, the prosecutor will remind the officer to avoid jargon and slang while testifying, to maintain a calm demeanor (particularly when challenged by the defense), not to volunteer information when on the stand, to create charts or other visuals, and pick-up evidence as needed.

The pre-trial conference is a perfect opportunity for the officer to provide the prosecutor with an up-to-date copy of his/her curriculum vitae (resume), including a one-page summary.

Finally, it's a common tactic for a defense attorney to ask the officer if he/she had a pre-trial conference with the prosecutor. Do not hesitate to honestly answer this question. There is nothing wrong, and everything right, with having a pre-trial conference with the prosecutor. In fact, jurors expect it.