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Main Page LEO Witness Testimony
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Posted by: 227

Hey All -

As I am still fairly new to law enforcement, there are always new things to learn. Of course we learn court testimony tips and techniques during the academy, but I recently received my first summons to appear as a witness for the commonwealth.

Any tips or suggestions from the vets would be appreciated. The obvious stuff like suit and tie, review/memorize my report...

Questions are things like: Do you wear your badge on your belt for identification even though you aren't in uniform and don't have your cuffs or gun? Am I allowed to have a copy of my report with me at the stand for reference? Obviously be honest, but I know you don't learn everything from books and the academy. Please help.

Feel free to PM me as well. I go in 2 weeks.

Thanks!

Posted by: Wolfman

Remain calm, speak to the jury, and whatever you do NEVER say anything that you are unsure about. If you cannot recall something say so. If you did not do something, admit it and move on. If you do not understand a question ask for it to be rephrased or repeated, over and over if necessary. Don't make excuses or get flustered. Credibility, once lost, is very hard if not impossible to regain.

Posted by: mikemac64

Just answer the question. Don't try to out think the defense attorney. If you don't know the answer, just say so.

Posted by: Kem25

"Questions are things like: Do you wear your badge on your belt for identification even though you aren't in uniform and don't have your cuffs or gun?"

I always have gun/cuffs/spare mag when going to court. I usually display my badge on my belt right in front of my duty weapon. Thats just me but I would suggest carrying a gun to court unless your department does not allow it (Which I can not imagine happening). As for testifying...Go over your report with the DA as they will tell you what they are going to ask. When being cross examined do not lose your cool and just answer the questions the best you can. Depending on the attorney and the case you may feel like you are on trial by the time you are finished.

Posted by: 227

First off, thanks to those who have taken the time so far to respond. Its much appreciated. We have to look out for our own because we know no one else will. So thank you!

Quote:

Originally Posted by Kem25

As for testifying...Go over your report with the DA as they will tell you what they are going to ask.

I called the DAs office to reference the case and make sure I had all my ducks in a row.. they didn't say anything about coming in early or meeting prior to go over the case. Should I call back and request a brief meeting prior to the date since its my first time?

Posted by: New Hire

Quote:

Originally Posted by 227

Be there on time for the first call of the list. The DA will let the judge know there are witnesses ready to testify. After 1st call, you'll get a feel as to whether or not they're ready to go to trial.

You should have enough time to talk to the DA before the jury is selected...if if even gets that far...more often than not, witnesses and jurors tend to make defendants tender a plea they otherwise wouldn't.

If you do testify, answer the questions to the best of your ability and if you don't remember something, DO NOT try to wing it.

Good luck!

Posted by: 227

Quote:

Originally Posted by New Hire

So I may not even have to testify? Its negligent op.. from an mva with PI. How often does it really get pled out?

Posted by: New Hire

It depends what the DA is offering at that point in time...

Posted by: HousingCop

Just make sure your OT slip is signed. Even if you lose the case, you win........

Posted by: 227

Haha.. thats the first thing I learned! Thanks

Posted by: Delta784

If at all possible, answer every question with "yes" or "no. Do not elaborate or offer any more information than you absolutely have to. If a point needs to be clarified, the ADA will address it later.

A favorite trick of lawyers is to ask you a question, then after you answer they'll stare at you, nod, or raise their eyebrows. They're trying to get you to offer more information; DO NOT fall for it. Just stare back at them, and if they keep doing it turn to the judge and say "You honor, I answered the question".

If you're being peppered with rapid fire questions from a defense lawyer, ask them to repeat a few of the questions. Ask the judge for a cup of water. Anything to throw off their timing.

Posted by: cmagryan

Don't take it personally if the defense tries to weigh your intelligence, attack your lack of experience, pick apart your report or question your motives for the arrest. Remain calm, don't take the bait and become flustered and defensive.

Not to minimize your case, but it is all really just a 'game' of sorts, down at court. You can't control any of that, so just stand up, be openly honest even if it lessens the chance for a conviction.

Good tips from everyone, (especially HCop!).

Posted by: Q5-TPR

Quote:

Originally Posted by Kem25

"Questions are things like: Do you wear your badge on your belt for identification even though you aren't in uniform and don't have your cuffs or gun?"

I always have gun/cuffs/spare mag when going to court. I usually display my badge on my belt right in front of my duty weapon. Thats just me but I would suggest carrying a gun to court unless your department does not allow it (Which I can not imagine happening). As for testifying...Go over your report with the DA as they will tell you what they are going to ask. When being cross examined do not lose your cool and just answer the questions the best you can. Depending on the attorney and the case you may feel like you are on trial by the time you are finished.

Posted by: Sgt K

A very informative thread with great responses, accurate information, and a semblance of decency to other officers. Am I on masscops.com?

Posted by: kttref

Quote:

Originally Posted by Delta784

That was the first thing I learned at the academy in regards to this topic. Just answer exactly what the question asks, do not go into further detail unless they specifically ask...but if they say "did you see this person driving the vehicle"...your answer should be "yes" or "no"...if they want to know what the circumstances were they will ask.

Good luck. I don't know how MA courts are (we barely go to court in CT), but you'll be fine...just remember to be confident. You are right, you wouldn't have issued the summons/infraction if you weren't.

By the way - we are required to wear plain clothes with our weapons concealed...which, according to my court, now they are making us secure our weapons, so it is best for all involved not to bring one...which I am not comfortable with, but whatever.

Regardless, good luck!

Posted by: phuzz01

As far as the firearm issue, I would never openly wear a badge if I did not have a gun to back it up. You could carry it in a wallet to show court security, but I wouldn't put it on a belt. It's an officer safety issue.

I personally wear a concealed firearm and cuffs under my suit, and keep a badge easily accessible in a pocket or wallet. But the courts up here do not require law enforcement officers to secure their firearm, so your mileage may vary.

Posted by: Deuce

Quote:

Originally Posted by Sgt K

A very informative thread with great responses, accurate information, and a semblance of decency to other officers. Am I on masscops.com?

too funny..

Posted by: WaterPistola

from my brief stint interning at District Court, watching a trial had to be the most interesting part. from the 2 i watched the defendant won because the officer on the stand said something that wasn't in their police report. I don't know where I'm going with this but stand by your report!

Posted by: chief801

One common thread that I see in "winning" police reports is that they are not afraid to add exculpatory evidence in the report. New officers are often afraid to put something in the report that they feel will weaken there case. In my experience, it works in your favor and adds to your credibility. By ignoring the existence of this evidence, attorneys will try to create the illusion that the cop is trying to hide something.

Something to the effect of "Although witness X admittedly had an obstructed view of the scene and a positive identification of the suspect by him is questionable, his proximity to the scene and the corroboration of his statements by independent witnesses led me to conclude that the information he provided was valid. While his identification was not the sole determinate in my conclusion that probable cause for arrest existed, it was considered as part of the decision making process."

In short, identify the weaknesses in your case in the report along with your reasoning behind why the weakness has no bearing on your determination of probable cause. In the example cited, it saves you from trying to explain why you included an eyewitness account that wasn't that strong and it shows the jury that you weren't trying to "stick it" to the defendant, but you made a solid decision based on all of the facts, not just the ones that would make your case.

I have encountered older officers who were trained to keep the reports short and sweet, and are uncomfortable with doing this. I had a Sgt. who used to criticize me for the length of my reports, but you'll know you are doing a good job when your defendants take guilty pleas short of going to trial. Take a look around your department, the guys who right good reports almost never go to trial. If you find yourself getting your head bashed in on the stand case after case, revisit the quality of your reports. My 2 cents...

Posted by: LA Copper

Quote:

Originally Posted by Sgt K

A very informative thread with great responses, accurate information, and a semblance of decency to other officers. Am I on masscops.com?

If you have the time, go to court before your court date and watch how others testify. You should be able to tell who does a good job and who doesn't. You can also see first hand some of the lawyer tricks others have mentioned here. As with anything, preparation is one of the biggest keys.

Sgt K, I recognize your avatar. How did you get that picture? Were you out here to take it yourself?

Posted by: mpr4601

Is this for a motion hearing or a trial? I've never had a neg. op. go to trial, out of many I've written. It's really not worth it on the defendant's part (unless you have a ton of stuff with it). It's cheaper to work it out than for defendants to fight it. Anyway, as all have said, be honest, and if you don't know, just say so, you won't be the first one. I've seen guys lose careers from a few "white lies" on the stand.

Posted by: spdawg0734

The most important of all the information given, is that you should tell the truth even if it hurts your case. Your credibility is the most important asset that you have or will ever have if you value law enforcement as a career. As stated earlier, once you loose it, you never get it back... Always remember that your job is not to find some one guilty, that is the jury and judges job, (and at times they will be wrong, since like me I am sure you would never bring forth a false charge) yours is to find probable cause for the charge and to relate to the court the events that lead to your finding of PC to cite, arrest, ect. Know the elements of the crime charged, most are basic such as in MV stops, establishing public way, operation... In every encounter that you have, all of the facts are there, that is why after you issue a cite (for serious offense) or make an arrest, you need to take a moment and go over in your mind the events and be detailed in your report, and go over it when you are bright and awake, prior to submitting same as a final copy. Unfortunaly too many of us are either to tired or in a hurry to move on to take the time to quality control the most important part of your job, your report writting. Always remember that your actions deprive the liberty of others and it could be years before you are called render testimony on an incident. And your report will stand and will be held as the guide by which testimony and memories will be judged. My opinon, be detailed, It will never hurt you, for if you dont rememer, you can refer to the report. One other thing, I know its anal but always, always maintain your own files, I can not tell you how many times, things get lost or destroyed, both at the court and within your own department files. Remember the court will hold YOU responsible to be prepared, YOU brought the charge, it is an awsome power to have, but it comes with a big responsibility. As far as testimony, try to relate the facts the same way you would tell a story to someone like your mom, in simple plain english, for example try not to use police yargan specialy in front of a jury.. there is so much to this, but you will learn as you go along and observe others. I wish you the best in your career, the fact that you are focused on the importance of your testimony speaks highly for you.

Stay Safe

Posted by: jettsixx

Good luck, and remember you already win no matter what the outcome. You get the overtime and he has to pay the lawyer. Another good one I was told in the academy was if a lawyer asks you if you have ever told a lie. The correct response is "never under oath". I actually had to use this the first time I went to court.

Posted by: Motorcop

When under direct from the ADA and there is something you cant recall, that you know is in your report, the ADA may ask "Is your memory exhausted". When you say yes he will then ask you "If you were to read your report would that refresh your memory". At this point you will be able to check your report. The ADA then will ask if your memory is refreshed and you will be able to testify to the information.

Posted by: chief801

One of the best threads I've seen since checking in here, good advice from all!

Posted by: 94c

If it's a jury trial, always turn your chair slightly so that you face the jury.

The prosecutor always questions you while he stands next to the jury box. The defense attorney always stands on the opposite side of the room so you have to look away from the jury when you answer him.

Just remember to direct your answers towards and not away from the jury. After all, they are the only ones in the room you have to convince.

Posted by: LA Copper

Quote:

Originally Posted by 94c

If it's a jury trial, always turn your chair slightly so that you face the jury.

The prosecutor always questions you while he stands next to the jury box. The defense attorney always stands on the opposite side of the room so you have to look away from the jury when you answer him.

Just remember to direct your answers towards and not away from the jury. After all, they are the only ones in the room you have to convince.

Excellent advice.. Also, don't be afraid to show a little emotion when you're looking toward the jury, just so you don't appear to be a "robot."

A number of surveys have showed that when officers on the stand don't look towards the jury, they tend to think the officer may be lying in his answer.

Posted by: kttref

Hell, I'm learning more now than I did at the academy!

Posted by: New Hire

If you think about all the "tips" that have appeared in this thread, it's pretty much common sense.

The problem is, when people get on the witness stand, they become overwhelmed, nervous, anxious, etc. and they forget why they are there. A lot of testimony ends up crap because the witness loses focus and either the ADA or the defense attorney recognizes it and moves in like a shark who smells blood.

I see it happen all too frequently.

I was a (defense) witness in an OUI case back in 1999 and I tripped over my tongue during cross...and I remember the ADA made me look like a fool...bad...

Posted by: 94c

Quote:

Originally Posted by New Hire

I was a (defense) witness in an OUI case back in 1999 and I tripped over my tongue during cross...and I remember the ADA made me look like a fool...bad...

Nooooooo....that's good!!!!!!!

Posted by: jettsixx

I was talking with one of the ADAs the other day and he was telling me about a case he had where the defendant took the stand. Went something like this

Defense Attn: Now Mr. Smith, do you feel those drinks affected your ability to drive
Defendant: Only mentally
ADA: Just one question of this witness- What did you mean "only mentally"

Said it was the quickest guilty verdict he had ever gotten

Posted by: Irish Wampanoag

One of my first felony arrest was an A with DW (knife). The court date was set so I went to the ADA who was handling it early that morning. I introduced myself and she like wise, but before I said anything about the case she stated your case will be reduced to 10hours anger management. I showed her the knife used which was a 18 inch steak carving knife and she almost dropped to the floor. The ADA said she thought it was a small pocket knife involved and was going to refer the case as CWOF with anger management classes. The ADA probably never read my report or some intern briefly gave her the facts. However, the ADA changed her mind immediately asking for jail time.

The Moral to the story is go and talk to the ADA or whoever is handling your case and make sure they themselves have the complete facts. Eventhough you may feel you maybe asked something you dont know or even cant recall 90% of the time the ADA and the Defense cant even recall what the facts of the case are!!! GOOD LUCK!!!!

Posted by: Barbrady

Quote:

Originally Posted by kttref

By the way - we are required to wear plain clothes with our weapons concealed...which, according to my court, now they are making us secure our weapons, so it is best for all involved not to bring one...which I am not comfortable with, but whatever.

We are in duty uniform. We have assigned court days...so no OT.

Quote:

Originally Posted by cmagryan

Not to minimize your case, but it is all really just a 'game' of sorts, down at court. You can't control any of that

Sadly, I have the same view on court. Its an uncontrollable formality.

Quote:

Originally Posted by spdawg0734

The most important of all the information given, is that you should tell the truth even if it hurts your case. Your credibility is the most important asset that you have or will ever have if you value law enforcement as a career. As stated earlier, once you loose it, you never get it back

Yes, lose credibility and you might as well find a non sworn position. Round these parts the DA's office will never touch another one of your cases if your credibility is lost.

Posted by: 227

FYI - The ADA just called to let me know the case is going to trial. I'll post an update when its finished. Thank you all for your insight. This truly is a great forum and having the option to pick the brains of so many vets is a luxury many of you didn't have when you were getting on. Thanks again!

Posted by: kttref

Glad to hear someone was able to actually gain some knowledge around here!!! Good luck at trial.

Posted by: 227

The case was continued.. again..

Posted by: Delta784

Quote:

Originally Posted by 227

The case was continued.. again..

Get used to it.

Posted by: wgciv

Quote:

Originally Posted by Delta784

If at all possible, answer every question with "yes" or "no. Do not elaborate or offer any more information than you absolutely have to. If a point needs to be clarified, the ADA will address it later.

A favorite trick of lawyers is to ask you a question, then after you answer they'll stare at you, nod, or raise their eyebrows. They're trying to get you to offer more information; DO NOT fall for it. Just stare back at them, and if they keep doing it turn to the judge and say "You honor, I answered the question".

If you're being peppered with rapid fire questions from a defense lawyer, ask them to repeat a few of the questions. Ask the judge for a cup of water. Anything to throw off their timing.

Excellent advice.. Just remember, a trial is basically a chess match between the ADA and the defense attorney. Just as in chess where each side has the same exact pieces on the board, each side here has the same facts. The ADA is trying to use these facts in favor of the Commonwealth while the defense attorney is trying to use them in favor of his/her client. If you feel the defense attorney is being aggressive, putting some heat on you, or trying to discredit you.. remain cool, calm, collective and answer the questions to the best of you ability. If the defense attorney opens some holes, don't take it upon yourself to engage him/her in debate. It is the ADA's job to fill in these holes and to debate facts with the defense attorney.
Also, there are times where a defense attorney may look for a simple yes or no answer and does not wish for you to elaborate further on the question. In these instances you would want to squeeze in more than a simple yes or no answer. But I would recommend, until you have more experience, stick with Delta's advice for now and go with the yes or no. Again, if the yes or no doesn't completely answer the question, a good ADA will come back and clean it up.

Posted by: 94c

Quote:

Originally Posted by 227

The case was continued.. again..

That's more like it. For a while there I thought you were making the whole thing up.

Posted by: 227

Hey everyone! First of all, I want to thank you all for your great advice and even the little humor here and there. The posts and the many PMs were very helpful. Not only did they provide useful advice that future rookies can search from the forum archives, but it enhanced the comfort level of being an LEO witness for the commonwealth.

And the moment you've all been waiting for.. conviction..

18 mos to serve, 6 mos suspended, 2 yrs probabtion to follow..

1 point Blue Team!

Posted by: 94c

Quote:

Originally Posted by 227

18 mos to serve, 6 mos suspended, 2 yrs probabtion to follow.. 1 point Blue Team!

For a driving to endanger?

What'd he do? Run a busload of judge's wives off the road?

Posted by: Delta784

Quote:

Originally Posted by 227

18 mos to serve, 6 mos suspended, 2 yrs probabtion to follow..

Are you sure he didn't knock over a bank??

Posted by: wgciv

Quote:

Originally Posted by 227

And the moment you've all been waiting for.. conviction..
18 mos to serve, 6 mos suspended, 2 yrs probabtion to follow..
1 point Blue Team!

What kind of stats are these??? We want the important results: How many O.T. hours, how much money did that equate to, and have you been paid yet?

Posted by: 227

Quote:

Originally Posted by wgciv

What kind of stats are these??? We want the important results: How many O.T. hours, how much money did that equate to, and have you been paid yet?

At least we're all still on the same page here..

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