A short while ago I was asked by an experienced prosecutor if I could share a few tips for prosecutors from an expert witnesses point of view. It took only a few minutes to come up with the following suggestions. I plan to add to these in the future.
1) Listen to the expert, and don't just follow a script! If I wasn't clear, ask me to explain.
2) Remember that we're nervous too! Make sure we have a full glass of water. Say good morning (or afternoon) to us after we've been sworn in. This gives us a chance to clear our throat and relax a little.
3) Review our curriculum vitae. There's a good chance we've had other jobs, careers, military service, have volunteered in our communities, that show we are rounded individuals who don't rush to judgement!
4) If you ask questions like an attorney, we'll respond like a cop!! So talk like a human being! Example: If you ask "After exiting your vehicle, what did you then proceed to do?" we'll probably say something like: "Subsequent to exiting my vehicle, and having deactivated the emergency overhead lights, I approached ......"
5) Listen to us on cross-examination! If we respond to the defense attorney that "I can't answer yes or not. I need to explain." And if the defense attorney doesn't ask us to explain, you should!!
6) Do a thorough direct. Without a cross, there's no re-direct. In November of 2012, I testified in a Frye hearing on DRE in an east coast state. After the direct, the FOUR defense attorneys got up one after the other and said: "I have no questions for Mr. Page." The defense attorneys told me later that they had read all of my prior testimony, and were not about to allow me to explain! This is the second time that's happened.
