Thursday, April 28, 2005
The WallStreet Journal describes here the opening day of Dennis Kozlowski's testimony, testimony that was not heard in the first trial. It is interesting that the defense has the defendant up in the early part of the defense case. Some thoughts here-
1. Normally you put the defendant on last so that he/she can refute prior witness testimony. Unlike other witnesses in a trial, the defendant is never subject to a sequestration order and can remain in the courtroom and listen to all the testimony.
2. Did the defense feel that they needed to present Kozlowski early so that the jury could humanize the prior testimony from the prosecution? Did they present him early to change the focus of the jury from the prior prosecution case?
3. Could this be an indication that the defense case may be extremely short and Kozlowski really is the last witness?
4. Or do they anticipate that Kozlowski will face a difficult cross-examination and they don't want to end the trial on that note? Trial attorneys often present their best at the beginning and at the end - the law of primacy and recency.