Indictment of Poe Cameron – Count 1
THE JURORS OF THE GRAND JURY OF THE STATE OF MIDLANDS, within and for the body for the County aforesaid, on their oaths, in the name and by the authority of the State of Midlands, do find and present that:
COUNT ONE CONSPIRACY—GRAND THEFT On or about August 1, 2022 to October 31, 2022, in Charlotte County, Midlands, Poe Cameron (1) purposefully entered into an agreement with another person or persons to commit Grand Theft
AND (2) a party to the agreement committed an overt act in furtherance of this agreement, which constitutes the offense of Conspiracy to Grand Theft, a Class 1 Felony, in violation of MPC §18- 371~§18-668(B)(1), and against the peace and dignity of the State of Midlands.
Count 2 – Aggravated Burglary
AGGRAVATED BURGLARY On or about October 31, 2022, in Charlotte County, Midlands, Poe Cameron entered a building or occupied structure or separately secured or occupied portion thereof with the purpose of committing a crime therein, and in doing so, knowingly caused or attempted to cause serious bodily harm to another person, or knowingly caused or attempted to cause bodily injury to another with a deadly weapon, which constitutes the offense of AGGRAVATED BURGLARY
Count 3 – Aggravated Robbery
Poe Cameron took or attempted to take, with the intent to steal, the property of another person or persons against their will by violence or imminent threat of force against such other person or persons, and in doing so, knowingly caused or attempted to cause serious bodily harm to another person, or knowingly caused or attempted to cause bodily injury to another with a deadly weapon, which constitutes the offense of AGGRAVATED ROBBERY
Count 4 – Aggravated Assault
Poe Cameron knowingly caused or attempted to cause serious bodily harm to another person, or knowingly caused or attempted to cause bodily injury to another with a deadly weapon, which constitutes the offense of AGGRAVATED ASSAULT
Count 5 – Kidnapping
Poe Cameron (1) took or attempted to take another person or persons from one place to another against their will,
OR (2) purposefully confined another person or persons to a controlled space, which constitutes the offense of KIDNAPPING
Direct Examination – What to Include
After identifying all the favorable facts that set forth your theory of the case:
Identify what facts are necessary to prove your case
What are the most important facts this witness MUST testify to prove your case
Ask questions that bolster your witnesses’ credibility
Ask questions that offer explanations and reasons for actions
Direct Examination – What to Exclude
Remember: Direct testimony allows for cross examination so don’t open doors you don’t want opponent to explore. So keep it concise.
Avoid clutter i.e. unnecessary details or descriptions of irrelevant events, places or people
Exclude facts that can be disputed at trial
Exclude implausible facts
REMEMBER THE LISTENER: THEY ARE AS INTERESTED AS YOU ARE!
How to Organize
Ask the questions in an order that tells a coherent, compelling story. GET TO THE POINT
Beginning: Introduce your witness and use it to bolster credibility, reduce potential bias
Start and end with strong testimony
Make sure your evidence is admissible – especially beginning and end
Include evidence that proves your case AND strengthens the moral weight of your case
Include testimony that is dramatic and keeps fact finders interested
Rules of Direct Examination
Ask only Non-Leading Questions i.e. the question can’t suggest the answer: You crossed the street right? Did you cross the street? or what did you do next?
Avoid questions that require narrative responses i.e. make sure the answer to the questions is short
Avoid questions that call for an opinion – witnesses may report what they saw, felt, heard or smelled but can’t give opinion (unless an expert)
Lay witnesses can characterize behavior i.e. he was angry, drunk, affectionate etc. but best to ask why they thought that.
Today’s Exercise
Prepare the witness – review their testimony
Practice asking direct testimony questions
Assignment for next week
Prepare direct examination of witness to be presented at next class
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