Advise for Rookie...Please!

[New Old Guy]

Long story short, I'm going to court tomorrow, against a guy who assaulted two of my fellow officers. One was my FTO. Tomorrow is Jury Trial.
I was put on the stand during the Prelim. (first time ever), and the Defense Atty got me doubting myself. Even though I knew everything I did was right. Anyway, looking back at how I answered some of his questions, I realized that he lead me a lot.

My question: If he asks me some or all of the same questions at Jury Trial tomorrow, and I answer the way I should have the first time. Is this going to look like I'm lying? What can I say or do to show the Jury that I am simply trying to answer the questions correctly this time?

I would appreciate the help.

[troysig]

If you stuck too the facts (what you wrote on your report) at the prelim just go over your narrative for the jury trial. Have you met at all with the prosecutor and go over your testimony?

[New Old Guy]

That's the wierd thing. The Prosecutor hasn't got w/ me at all. My FTO had to bump him under the table to object when the Atty was leading me.

[Joeyd6]

Take your time. Listen carefully to his question. Answer with the truth, but keep it short and simple!

[New Old Guy]

Thanks. I'm planning on telling the truth at all costs, however it sucks to know that he's going to have a field day with me.

[Drew27k9]

He is only going to have a field day if you let him. Like Joeyd6 said, Take your time in answering the questions, and tell the truth. Just answer the question that is asked. I'm sure you will have a better DA at the trial than you had at the preliminary. I know here most of the DA's at the preliminarily hearings are just starting out and don't have the trial experience.

[New Old Guy]

Your right. Thanks brotha. Thanks to all you guys for your advise. I'll post tomorrow night, and let you know how it goes. I got to get some sleep.
Be Safe

[Ironhead]

If I were in your shoes, and I realized that I had to answer a question slightly differently (It should be just slightly!) than I did in the original preliminary hearing, I would just give the most honest answer I could.

Now - there are at lease two schools of thought as to what to say next.

Some will say that you should give the 'new' more accurate answer and then stop talking. Do not say anything about ammending or changing you answer. They will tell you not to open the door to the fact that your answer was different than a previous answer to the same question. If the defense attorney sees the discrepancy, let him ask about it.

Another approach is to answer the question with the 'new' more accurate answer and then go on to say that after the preliminary hearing you had more time to reflect on the issue and realized that your previous answer was somewhat lacking, that this answer was more accurate. The theory here is to difuse the thing before it goes off. Make it a non-issue. The jury (or Judge in a bench trial) will see that you are human, and you are able to correct yourself. This tactic can take the 'wind out of the sail' of the defense attorney and give your testimony an increased amount of credibility.

In any event - I would approach the prosecutor and ask them which approach they recommend (should the issue arise)

Good luck - let us know how it turns out (if you can)

[patchcop]

Think about the lawyer. He will fight for the dirtbag who atacked your FTO. Be friendly and serious and don't answer to questions the lawyer don't asked. Listen exactly what he ask and give only answers to that questions. He will try to make you angry angainst him or the dirtbag. The reaction of your self (crying loud, give more sentences than neccessary) is what he expect to fight for his client. Be quiet and friendly to the judge. Don't drink too much coffee before the trial. Nothing will fight more against you than the "cry of the restroom" while been questioned.

I remember my first trial in court 24 yrs. ago, it was an simple traffic violation (running red light), oh man, I was so very nervous:D

Good luck and let us know what happened.