Sam Braverman Talks Luis Toledo Trial on LawNewz Network

TL;DR

Criminal defense attorney explains the process of calling a witness during the defense case-in-chief after they have been cross-examined by the prosecution, as well as the challenges of dealing with inconsistencies in defendant statements.

Transcript

welcome back to law news network I'm Heather Hansen and I am so excited that we have Sam Braverman with us he has been a frequent guest and we haven't seen him for a while welcome Sam he's a criminal defense attorney here in the city welcome Sam great to be back Heather so good to have you and so good to get your insight I was picking your brain a ... Read More

Key Insights

• 🤙 Defense attorneys can adopt a witness called by the prosecution during the defense case-in-chief to present evidence beyond the scope of the direct examination.
• 😵 Leading questions are used in cross-examination to control the narrative and guide the witness's testimony.
• 💼 In a case without bodies, creating an alternative narrative becomes crucial for the defense to dispute the prosecution's claims.
• 🤝 Dealing with inconsistencies in defendant statements requires the defense to determine their significance and create a plausible narrative for the jury.

Questions & Answers

Q: Why would a defense attorney adopt a witness called by the prosecution during the defense case-in-chief?

A defense attorney may adopt a witness to introduce information helpful to their client's case that the witness has knowledge of but is not considered their own witness. This allows the defense to present evidence beyond the scope of the direct examination.

Q: How does leading help control the narrative in cross-examination?

Leading questions in cross-examination allow the attorney to guide the witness's testimony and elicit specific responses that support their argument. It gives the attorney control over the direction of the conversation and allows them to make their intended points.

Q: What challenges do defense attorneys face when dealing with inconsistencies in defendant statements?

Inconsistencies in defendant statements can be detrimental to the defense's case. Defense attorneys must determine whether the inconsistencies are normal or significant, such as confessing to a crime versus denying involvement. They must create a narrative that explains the inconsistencies and choose the most plausible one to present to the jury.

Q: Is it common for defendants to testify in their own trials?

Whether a defendant testifies or not depends on various factors, including the skillset of the defense lawyer, the defendant's personality, and the nature of the case. Testifying can be risky, as the defendant's credibility will be scrutinized, but in certain situations, it may be the only chance to save the defendant's life.

Summary & Key Takeaways

• Defense attorneys may call a witness during the defense case-in-chief if they have information that is helpful to their client's case, even if the witness was previously called by the prosecution.

• When a defense attorney adopts a witness as their own, the prosecution has the opportunity to cross-examine the witness again.

• Leading questions are often used in cross-examination to control the narrative, while open-ended questions are used in direct examination to allow the witness to provide a narrative.