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A S YSTEMATIC A PPROACH TO THE C ROSS E XAMINATION OF AN E XPERT W ITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

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Page 1: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

A SYSTEMATIC APPROACH TO THECROSS EXAMINATION OF AN

EXPERT WITNESS

Robert M. Casale, Esq.Law Offices of Robert M. Casale

Page 2: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

“Cross Examination is the Greatest Legal Engine Ever Invented for the

Discovery of Truth.”

John Henry Wigmore

Page 3: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

Never Ask A Question That You Don’t Know The Answer To

Page 4: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

Do Not Ask QuestionsThe Answers To Which You

Cannot Handle

Page 5: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 6: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 7: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

Motions To Limit Or Exclude

Page 8: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 9: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 10: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

Witness Control

Page 11: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

93% Of All Communication Occurs Non-Verbally

Page 12: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

The Words We Use Account For Only 7% Of Our Total Communication Effort

Page 13: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 14: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 15: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale
Page 16: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

A positive GSR does not mean that an individual discharged a firearm, does it?

Well, as stated in my direct, the presence of barium and antimony is consistent with a ain proximity to a discharged firearm...

(Politely interrupting) a GSR test is a presumptive test, isn't it?

The test is very specific for the presence of the key ingredients...

Excuse me, a GSR test is a presumptive test, correct?

That depends upon what you mean when you use the term presumptive test

Have you not heard the term presumptive test in science?

Of course I have...

Then given your understanding of the term, is a GSR test a presumptive test?

Yes.

And this is because a positive GSR does not mean that a person fired a gun.

Page 17: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

. Thank you. In fact, merely handling a gun that had been fired wouldlikely result in a positive GSR?

. Yes, depending on a number of variables.

. And that would be so even if that gun had been fired days earlier?

. Again, There are a number of factors that should be considered...

. In fact, if I take this weapon out of this plastic bag with my hands there isa good chance that I would flunk a GSR test.

. Probably.

. And then if we were to shake hands, you'd flunk the test too?

bjection to the word flunk

Page 18: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

“Don’t Get In The Cage.”

Gerry Spence

Page 19: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

Doctor, is the Oxford Textbook of Pathology an authoritative text in thefield of forensic pathology?

What edition?

I have the 3rd.

I believe we are now on the 5th or 6th.

Any edition?

Well no, that text is a pathology text. It’s a medical school text, not aforensic text. In the field of forensic pathology I much prefer WernerSpitz’s MedicoLegal Investigation of Death.

Page 20: A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION …A SYSTEMATIC APPROACH TO THE CROSS EXAMINATION OF AN EXPERT WITNESS Robert M. Casale, Esq. Law Offices of Robert M. Casale

Questions?

Robert M. CasaleLaw Offices of Robert M. Casale

1944 Route 77Guilford, CT 06437

[email protected]

(203) 488-6363