Killer Cross Examination

Dick Deguerin is a legendary Texas criminal defense lawyer yet I’ve watched some of the Robert Durst Trial in which Deguerin represents the millionaire heir with some puzzlement and bewilderment. In this segment, I focus on a particularly difficult witness and the beginning of Deguerin’s cross examination as examples of, in my opinion, “what not to do.” Too many notes, disorganized materials at th...

Robert Durst is on trial for the murder of his friend, Susan Berman.  Durst was also accused of murdering and dismembering Morris Black in Texas.  And Robert Durst is suspected to be the cause of his wife, Kathy Durst’s disappearance, in the 70’s.  Three people close to him - wife, best friend and roommate — dead or missing.  If the case sounds familiar to you that is because i...

In 2017, I obtained acquittals for Charles Warren in the a motor vehicle homicide case in which he was accused of causing the death of a Michigan State Trooper.  From the incident, through the investigation and from gavel to gavel, the case was intensely covered by the media.  The trial was live-streamed, covered by social media sites, televised and discussed in the news.  The decea...

Roger Dodd is here.  Roger Dodd is here.  Roger Dodd is here!!! Roger Dodd literally wrote the book on cross examination.  There are three (3) textbooks/books on Cross Examination that every serious trial lawyer has read or has in their library: 1) Francis Wellman’s “The Art of Cross Examination”, 2) The 10 Commandments of Cross Examination by Irving Younger and 3) Cross Examination: Science and T...

In July, 2013, one of the most followed and publicized criminal trials finished with a two word verdict that reverberated throughout the country.  George Zimmerman, who was charged and tried in the killing of Trayvon Martin, was acquitted.  His lead counsel, Mark O'Mara, became a household name.  I go on one on one with Mark O'Mara during this episode of Killer Cross Examination. This is an incred...

Connecticut Magazine called Norm Pattis, the Connecticut civil rights and criminal defense lawyer, the Defender of the Despised. It is a mantle he wears proudly.  If you read about a criminal case in Connecticut, there is a good chance that Pattis represents the client, passed on the case or is in talks to take it over.  His clients include Alex Jones, the controversial conservative fire...

If you want to hear how one of America’s best and most visible trial lawyers does her business, you want to listen to this episode. Do not miss this episode. This week, I go one on one with a former Court TV host and high profile civil rights lawyer, Lisa Bloom.  While Lisa is the daughter of one of America’s most successful and committed civil rights lawyers, Gloria Allred, Lisa has made her...

On this episode of Killer Cross Examination, I go one on one with Michigan’s Attorney General Dana Nessel.  Many don’t know that Dana began her career in the Wayne County Prosecutor’s Office and quickly developed a reputation as a firebrand courtroom prosecutor.  In this episode, she shares her style in the courtroom, how she used her humor and sarcasm, how she prepared for court and how...

What do Michael Jackson, Winona Ryder, Chris Brown, Colin Kaepernick, Susan McDougal and Scott Peterson all have in common? All were at one time or another defended by Mark Geragos, the legendary lawyer from Los Angeles, California. I go one-on-one with Geragos during this episode of the Killer Cross Examination Podcast and Geragos delivers. He discusses his courtroom style, his use of humor and t...

In the history of criminal defense and trial lawyers, there are only a few, who become household names. F. Lee Bailey is one of those lawyers. At various times in his life, he was considered America's go-to lawyer. He has been involved in several so-called "Trial's of the Century". His clients include: Sam Shepherd, the wrongly convicted doctor that was the basis for the movie and tv show, The Fug...

Join us for Part 2 of our Killer Cross Examination Podcast as I go one on one with Jeffrey Lichtman, Esq, the El Chapo's and John Gotti's criminal defense lawyer.  You don't want to miss this.  The interview has been described as "two sharks on a zoom".  A little about our guest - If you've been in trouble in New York, know someone who has been in trouble in New York or followed the trials of El C...

Join us for Part 1 of our Killer Cross Examination Podcast as I go one on one with Jeffrey Lichtman, Esq, the El Chapo's and John Gotti's criminal defense lawyer.  You don't want to miss this.  The interview has been described as "two sharks on a zoom".  A little about our guest - If you've been in trouble in New York, know someone who has been in trouble in New York or followed the trials of El C...

As a child, I was labeled a “bad kid.” I had ADHD before anyone had really considered it an ailment. But people want to know more about how I got here … to this point and a part of that story is how I came to relate and empathize with the little guy, the outcast and you can’t understand that part of me without knowing about my youth. I’ve said that defending the little guy is in my genes, my blood...

We’ve all heard the stories about the tough judges, the judges who view themselves as hard-asses. Lawyers traveling to other towns always ask, “tell me about the judge” because we want to know if the judge is tough or has developed a reputation for being a “hanging judge”. They have no place in today’s legal system but they exist and because of their impact in the lives of the accused before them,...

The first to state his case seems right, until another comes and examines him. They biblical phrase describes trials, direct examination and cross examination in some ways better than any book or pamphlet.  Witnesses take the stand and on direct examination and “seem right”. They seem right, believable and convincing.  Then the challenge to their story comes in … we challenge their story...

Robinhood. Vlad.  Citadel.  Steve Cohen. David Portnoy.  Game Stop.  Nokia.  AMC Theaters Holdings.  Dogecoin.  Bitcoin.  Shorts.  Options.  Wall Street bets.  Reddit.  We’ve seen a convergence of these names, financial terms, stocks, companies and entities over last few weeks as...

I get asked a lot of questions about criminal defense. I think all criminal lawyers do. The questions, you can guess them: how can you defend those people have you ever defended someone who is guilty have you ever defended someone that admitted they were guilty have you ever defended someone who you knew was guilty have you ever gotten anyone off that was guilty Here my take on why these questions...

As a child, I watched the Wide World of Sports on ABC.  Like others, I loved the introduction - “the thrill of victory and the agony of defeat.”  Who can forget the iconic ski jumper falling sideways off the ski jump, crashing and tumbling.  Pain. Hurt.  Disappointment.   In the criminal justice system, prosecutors can appeal rulings that they don’t like - when eviden...

You’ve seen the interviews. Client sitting there. Lawyer next to her. And a reporter conducting an interview of them while the case is under investigation or while pending. Mia Ponsetto just did it, with her lawyer. Casey Anthony did it, with her lawyer. Others have done it with their lawyers too. DON’T BE LIKE MIA. OR HER LAWYER. In this episode, I explore these disastrous interviews and why you...

The Eighth Amendment of the US Constitution commands that no person shall be held on excessive bail.  Michigan’s statute and court rules repeat that refrain.  No excessive bail.  Yet how do you define excessive? How is the process to bail people out? How is it abused? Is it fair? In this episode, I describe this process including a recent horrible experience that I had on a holiday....

Your lawyer is your advocate, your friend, you counselor, your voice, your support system and your advisor so it seems obvious that you ought to tell your lawyer the truth. It seems obvious that you shouldn’t mislead your lawyer or withhold critical or important information.  Yet, this happens too frequently.  When you lie to your lawyer, you’re lying to yourself. In this episode, I expl...

Criminal defense is not for the weak or weary. Nor is it for learning or experimenting or to get experience. And it is not for older lawyers, past their prime, to “stay active” or to dabble here or there. We’re dealing with lives, liberty and reputations. We dealing with life changing consequences. Like surgeons. Baby doctors looking for experience or octogenarian internists looking to stay in the...

Prosecutors have a tremendous amount of power. I should know, I oppose them daily. Not to mention that for a very short period of time, I was one. In fact, upon hearing that I was a prosecutor once, the famed cowboy lawyer from Wyoming, Gerry Spence, said to me, “I forgive you, my son.” But I digress. Prosecutors have tremendous power. Among the most significant of their powers is the obligation n...

Queen’s Gambit is a television show about chess. Bobby Fisher, perhaps the most famous/infamous chess player in history, once proclaimed that “chess is life.” In many ways, this is true. It is certainly true of litigation, criminal defense cases and the cross examination. When I cross examine, we are trying to think many moves ahead so that nothing our opponent does comes as a surprise. Rather, we...

“If I find anything that you haven’t told me about, I’ll shred your house apart.” There is not much ambiguity in this statement. A seasoned police detective in the presence of another uniform officer said this to a scared 18 year old who had just been arrested. The kid became physically and noticeably ill. When he summoned up the courage to inquire about a lawyer, he was put off. When he asked to...