Dance for Me, Witness

“Some of the most fun you can have in a courtroom is taking an opposing witness who is haughty or arrogant and using him or her as yours.”

–Steven F. Molo

Keep Them Backstage

“The lawyer conducting the cross-examination never wants to give up center stage to the witness.”

–Thomas M. Crisham

More Important than Nunchuks

“As I learned time and again in Uncle Sam’s Army, surprise is probably the most important single tactical element of combat—on the field of battle or in the courtroom. Do not underestimate it.”

–Michael T. Hannafan

Chicken or the Egg

“And, finally, this was the point that could be hammered on in closing argument and in our experts’ rebuttal testimony: The only evidence in the record or in fact that supported any diagnosis of mental disease or defect in John Gacy was the 33 murders themselves.”

–William J. Kunkle

Concentrate, Bobby Fisher

“Cross-examination, if it can be compared to chess, is perhaps the most powerful piece in one’s trial arsenal. Squandering it is closely akin to uselessly sacrificing one’s queen.”

–Walter Jones, Jr.

Like a Duck

“I always wanted to cross in conversational fashion, forcing the witness to, in his or her own words, unwittingly and matter-of-factly horrify the jury with their quackery and the terrible harm that had been caused.”

–Don H. Reuben

That’s Beautiful

“To paraphrase the poet Joyce Kilmer: ‘I think I shall never see a voir dire as lovely as a tree.’”

–James R. Figliulo

Who’s On First?

“In most cases, unlike with occurrence witnesses, you almost certainly will have your own expert who will substantively rebut the testimony of your opponent’s expert. Because of that, home runs aren’t needed. Not even triples or doubles. You just need lots of singles to take the expert down a notch.”

–Thomas M. Durkin

Go To Your Room, Material Witness

“I treated the witness like a six-year-old. And it proved to be very, very effective. He basically began to stumble, sputter, and mutter and ultimately apologized on a few points.”

–Vincent J. Connelly