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Friday I had my interview with defense counsel for the case against the man charged in a multi-vehicle car crash that occurred almost three years ago. I was a passenger in one of the vehicles struck.
Long story, short: The interview went well. Defense counsel was impressed with the level of detail I was able to recall. But days beforehand I was worried it wouldn't turn out like that. Here's the longer story:
This accident occurred nearly three years ago. Just 6 days short of 3 years prior to the day of this interview, in fact. After so long my memory of specifics about the event was beginning to fade. Usually my observation of events and ability to recall them is vivid and detailed. This one was no different— at the time. Days after the accident a police detective interviewed me, and I gave a very detailed statement. Three years later... I couldn't recall as many details. What would happen to the prosecutor's case if, on the stand, I responded to every defense question with, "I don't know... I don't know... I don't recall anymore"?
Although Friday's interview wasn't testimony on the stand, just a pre-trial interview with defense counsel, I shared this concern with a paralegal for prosecutor a few months ago. She said she'd ask the prosecutor what was legit for me to do to refresh my memory. Sadly, she didn't follow through. As a side note, this office, Kings County in Washington, seems to rotate through paralegals who aren't the sharpest knives in the chandelier.
I turned to my brother-in-law, Don, for guidance. Don's a prosecuting attorney in a different jurisdiction. "What's legit for me to do to refresh my memory?" I asked. Don suggested three things:
#3 especially was helpful. I asked the paralegal, and she came through with an audio file recorded of our telephone interview. I listened through it twice and wrote out notes on it to prepare for this interview nearly three years later.
As an aside, Don explained that if a witness on the stand does start saying, "I don't remember, I don't remember" to questions, he'll place a transcript of their interview with police (already entered into evidence) in front of them and, without telling them what it is, ask them to read part of it aloud. Then he'll ask them if they recognize what it is and if they made true statements at the time.
The interview went well. Defense counsel was impressed with the level of detail I was able to recall.
I shared this result with Don after the call. "Good, maybe they'll be able to work out the case, then," he said.
"Do you think the defense has being creating delays in an effort to diminish the evidence against them?" I asked. "Stretch out the time so witnesses can't clearly recall what they saw or move away and can't be found anymore?"
"As a defense tactic that's not unusual."
Not here. Not with me.
Long story, short: The interview went well. Defense counsel was impressed with the level of detail I was able to recall. But days beforehand I was worried it wouldn't turn out like that. Here's the longer story:
This accident occurred nearly three years ago. Just 6 days short of 3 years prior to the day of this interview, in fact. After so long my memory of specifics about the event was beginning to fade. Usually my observation of events and ability to recall them is vivid and detailed. This one was no different— at the time. Days after the accident a police detective interviewed me, and I gave a very detailed statement. Three years later... I couldn't recall as many details. What would happen to the prosecutor's case if, on the stand, I responded to every defense question with, "I don't know... I don't know... I don't recall anymore"?
Although Friday's interview wasn't testimony on the stand, just a pre-trial interview with defense counsel, I shared this concern with a paralegal for prosecutor a few months ago. She said she'd ask the prosecutor what was legit for me to do to refresh my memory. Sadly, she didn't follow through. As a side note, this office, Kings County in Washington, seems to rotate through paralegals who aren't the sharpest knives in the chandelier.
I turned to my brother-in-law, Don, for guidance. Don's a prosecuting attorney in a different jurisdiction. "What's legit for me to do to refresh my memory?" I asked. Don suggested three things:
- Review any notes you wrote at the time
- Review pictures you took
- Ask the police for a transcript or recording of your interview with the investigator.
#3 especially was helpful. I asked the paralegal, and she came through with an audio file recorded of our telephone interview. I listened through it twice and wrote out notes on it to prepare for this interview nearly three years later.
As an aside, Don explained that if a witness on the stand does start saying, "I don't remember, I don't remember" to questions, he'll place a transcript of their interview with police (already entered into evidence) in front of them and, without telling them what it is, ask them to read part of it aloud. Then he'll ask them if they recognize what it is and if they made true statements at the time.
The interview went well. Defense counsel was impressed with the level of detail I was able to recall.
I shared this result with Don after the call. "Good, maybe they'll be able to work out the case, then," he said.
"Do you think the defense has being creating delays in an effort to diminish the evidence against them?" I asked. "Stretch out the time so witnesses can't clearly recall what they saw or move away and can't be found anymore?"
"As a defense tactic that's not unusual."
Not here. Not with me.
