Tuesday, February 7, 2006
Defense counsel started ripping at the first prosecution witness Mark Koenig (see Hoston Chronicle here). Some of the reported questions were excellent closed questions, questions that only elicit a "yes" or "no" response. But other reported questions might have been a bit too open-ended - questions that permit the witness to wander and cause the questioner to lose control of the witness. Many criminal defense lawyers use the Terry McCarthy approach to Cross-Examination - short, specific questions, even sometimes a one word question. But the defense attorneys have a lot to cover here and this takes time. With a judge that wants to move the trial quickly, it may be difficult to break down every point into too many questions.
Washington Post Audio here