Killer Cross Examination

We recently won a criminal case in which a judge suppressed evidence that was illegally seized.  We knew that the traffic stop and arrest of our client was a pretext.  It was all done so that the officer could get into our client’s car. But how would and how could we prove it.  We setup a cross examination that would reveal the officers true motivations and show that he had no evide...

We're told that Congress is full of lawyers but why then are Congress(wo)man and Senators generally so bad at questioning witnesses?  Save a couple, e.g., Rep Katie Porter, they are.  I'm not arguing.  I'm stating a fact.  In Episode 22, I get back to some basics of cross examination and offer some tips on how to control witnesses, how cross examination is like a sales call (re...

The Breath Alcohol Testing Program has been under attack.  For weeks, I’ve been exposing the breath test program for the sham that it is.  In Episode 21, I really take apart the program for its lack of transparency and how the program has been set up to insulate the program, the units, the operators the technicians from full confrontation and cross examination.  Our cross examinatio...

In Episode 19, we discussed a portion of our cross examination of the Michigan State Police Technical Leader/Toxicologist and what we uncovered and revealed during that hearing.  In Episode 20, we explore even more of our killer cross examination of this expert witness.  While the state and the MSP was sending these technicians out to testify and consult with the various police departmen...

In January, 2020, the Michigan State Police Breath Alcohol Program, responsible for overseeing the "breathalyzer" program in Michigan was rocked by scandal.  At first, MSP fired the company servicing the machines. But that was only the tip of the iceberg. Soon allegations of fraud and misrepresentation were levied against technicians who worked side by side with the MSP in servicing and maint...

RIP RBG (March 15, 1933 – September 18, 2020) A tribute to Ruth Bader Ginsburg

The phrase, gilding the lily, comes from a Shakespeare play, King John.  The line in the play is actually, "to paint the lily." The quotation reads, in part, "To gild refined gold, to paint the lily / To throw a perfume on the violet. . .. / Is wasteful and ridiculous excess." What it means is simple:  when you already have something beautiful, e.g., a lily, gold, a violet, don...

Science. Complex, costly, imperfect and time consuming. That’s the way science has been, is and always will be. Unless of course, it is the “science” of the law enforcement and the criminal justice system. The complex and imperfect sciences that we are familiar with become, in the legal system, perfect, beyond question, fast and I expensive. Why? Because the legal system needs certainty and expedi...

Of all the questions I get regarding cross examination and trial work, “how do you deal with difficult judges?” is asked the most often. During Episode 15, I explore  the qualifications of becoming a judge and share stories of how I've dealt with difficult judges in the past. Most jurors and members of the public think that a judge must’ve been an amazing all-knowing lawyer and must know all...

Whether intended or not, prosecutors are the most powerful entity in the criminal justice system.  That's right.  You probably thought judges were.  While judges have tremendous power, in the end prosecutors have more.  They have the power to charge people with crimes, decide what crimes to charge, seek enhancements, make plea bargains, propose sentence agreements, etc.  T...

We can learn a lot by watching someone do it right. We can also learn much, maybe even more, by watching someone do it wrong or poorly.  And this episode I break down and tear apart a cross examination done by another lawyer of a very important state expert witness.  I hold nothing back.  I. Hold. Nothing. Back. From asking open-ended questions, to having no plan, to not having ammu...

From a young age, we’ve been told that ignorance of the law is not defense a criminal offense or charge.  But shouldn’t it be?  The concept that ignorance of the law is no defense is rooted in the notion that we should know what the laws are and govern ourselves accordingly.  But how can we? Every year, the legislature passes more and more laws making more and more acts criminal vio...

In this episode, Neil Rockind discusses the concept known as the “Presumption of Innocence” and describes why it is such a cornerstone of our justice system. He analyzes the impact and effect of this presumption and explains the grave danger inherent in disregarding this essential aspect of the law. By incorporating examples of how this would fare if it was applied in our daily lives, Neil makes i...

Did you know that the police and prosecution must turn over evidence favorable to the defense to the accused?  Did you know that the U.S. Supreme Court has stated that it is a denial of due process for a prosecutor not to turn over favorable evidence? Likewise, did you know that even if a prosecutor is unaware of the evidence, if any member of the police department or someone within the spher...

There’s a court reporter either sitting somewhere in the courtroom or someone ready to turn the recording into a verbatim record. So, stop looking down at your notepad trying to take down word for word what the witness says in direct examination. Instead, just as you’d tell your child or teen to pick their head up from their phone, pick your head up and look at what’s happening in front of you. Mu...

The system has to work in all cases including cases in which people are accused of drunk driving or DUI. But is it? Over the years, these investigations have become one-sided, slanted and skewed. Exculpatory and favorable evidence is ignored. Any misstep by the driver is interpreted, without question or query, as evidence of intoxication or impairment. Even the slightest physical “sign”, e.g., blo...

Anyone who has watched any television show involving cops or the legal system, knows the Miranda Warnings.  We know the words but what do they really mean.  Not using legalese or fancy lingo, what do each of the rights really mean to the average person.  How should you understand them? And why do so many people despite the warnings, waive them and make statements to the police that...

While some trials involve forensic or scientific evidence, all trials involve an element of witness credibility. Historically and as a matter of common sense, we know that some witnesses will lie, get together and get their story straight or at least try to. We separate our children and students in class when we’re trying to figure out who broke the vase. Where the stories diverge or contradict, w...

Our country is witnessing an awakening of sorts. Our eyes are more open to the power that we have given to those whose job it is to protect and serve, the police. Before  squad car video recordings, body cams and citizen made cellphone recordings, what happened during a police encounter or investigation came down to the citizen’s word vs the officer’s.  Anyone familiar with trying to fig...

This is Part 2 of Death by a Thousands Cuts and follows closely with Episode 3. Its been said that in the prior episode, the witness’ testimony was “dead” after only 2 cuts rather than 1,000. In Part 2, the witness was cut repeatedly … over and over and over again. A variation of Proverbs 18:17 reveals that he who speaks first seems right until another gets up to question him. This is so true of c...

Death By A Thousand Cuts is a form of torture. Literally. The subject is repeatedly and slowly cut, with each cut inflicting a small amount of pain and bloodshed. One individually is not enough to kill the subject. But together, by the end, after many cuts, the subject is done. Psychologically speaking, Death By A Thousand Cuts occurs when something negative is happening to another but it is happe...

As I recall, I was 25-26, probably somewhere in between and making my way in the tense environment of the Oakland County Prosecutor’s Office where I was a young assistant prosecutor. The office was not without controversy. Our supervisors directed us to plea bargain few cases meaning that most proceeded to straight pleas or were set for trial. For young lawyers looking for trial experience, we wer...

Killer Cross Examination is brought to you by Neil Rockind, a veteran and award-winning criminal defense lawyer. Rockind shares his insight into what he terms “killer cross examination” through his weekly podcast and blog entries. As a former assistant prosecuting attorney and radio talk show host, Rockind believes that killer cross examination is the key to winning any case:  using cross exa...