I'm sure we all have talked to many witnesses while preparing for trial. I also try to sit in occasionally when other lawyers in the office woodshed witnesses. However, it seems that I quite often forget to mention an important issue while talking to a witness in preparation for trial. I recall many years ago that there was a video which could be shown to civil clients/witnesses prior to a depo. I'm interested in preparing a woodshedding checklist or maybe even a homemade video which could be shown pretrial to witnesses. The video wouldn't necessarily take the place of the personal touch of sitting down and talking with witnesses but it could help in covering "the basics." I realize that the exact contents may vary from office to office but just curious if anyone has such a checklist or video, or if anyone might be interested in working together on such a project.

I'd be interested in that, Mike. Do you think any of the larger jurisdictions have such a thing already? A great idea!

About two years ago I suggested that TDCAA prepare such a video for statewide use but the idea never got any traction. I think it is a wonderful idea. Before I returned to prosecuting, I used a video for clients and witnesses prior to their deposition and it saved a lot of time. Let me know how I can help.

Syd Beckham (sp?) from Ft. Worth did a pretty good video for the State Bar/Ten Minute Mentor on Preparing Your Witness. Its short and sweet and covers the high spots. I have a book put out by the AG's Office that I use to prep my kid witnesses thats good too.

just be ready to have it attached to that federal writ on your capital murder cases.

Greg, hopefully the big county folks will let us know if they have something already in existence. That would sure be helpful. David, I appreciate the good thinking by reminding us that a checklist or video might be available to the public one way or the other. However, I don't think that it would be anything that is super-secret or that any of us would be ashamed of. Stacey, if I could get a copy of what you have without violating any copyright laws or, in the alternative, please let me know where I might secure a copy, we might have a good starting point. Meanwhile, I'll be happy to be the "clearing house" for any ideas which should be incorporated into the finished product. Please send any suggested ideas to me (distattorney@co.liberty.tx.us) and I'll begin to compile them. Thanks for your interest!!!!

i think it's a great idea and i think including those training tools in Miller-El was total crap considering no one said they were actually trained using them. my comment was meant as more of a lament about writ practice than an attempt to squash enthusiasm. if you need any help from a paranoid appellate lawyer, let me know. having all the different audieces that may see the video in the back of your mind is a good thing as long as it doesn't get in the way of creativity. i'd love to help, though i'm pretty sure i'd be about as helpful as adam schiff on law and order.

Oh c'mon David, you'd be much more helpful than Adam Schiff. Much more knowledgeable and decisive as well. Not to mention, I'd bet you have a better cd collection than Schiff.

Mike,

You can find Beckham's video on the State Bar of Texas website. Just click on the 10 minute mentor ad and then use "witness" in the search window. Personally, I think the 10 minute mentor program is one of the bar's best.

For the kid books, there are two:
My favorite: Lois Goes to Court put out by the Law Focused Education Committee of the Texas Young Lawyers Association, Public Information Department, State Bar of Texas, PO Box 12487, Austin, Texas 78711-2487 (800)204-2222 ext.2610

The other is called Going to Court by Scriptographic (800)628-7733 booklet #56234

These are coloring/comic books for little ones, I'd say 3 to 9, and the older ones I use it with usually roll their eyes, but they always take it with them when they leave.

Having seen 'training aids' used as David described, I say title it 'informational video.'

The SBOT video is very good. I've also ordered the child books recommended by Stacey. Good point, John... and we truly are giving information about what happens at a trial rather than training witnesses. However, it's at this point that all of us are thinking of those witnesses who really do need training... and their mouth washed out with soap, a bath or shower or two or three, a few less body piercings (and impeachment convictions), etc. Seriously now, please go ahead and drop me an email and give me some woodshedding ideas. Send me a few even if you think that they are the obvious ones or that someone else will send them. I know that there's a ton of experience out there and I sure would like to tap into it. distattorney@co.liberty.tx.us I hope that it goes without saying but the results will be available to any prosecutor.

Mike, I am mailing you the deposition video for whatever it is worth. Good luck and thanks for taking this on.

Not to rain on anyone's parade, but ... haven't our resident appellate gurus (John and David) raised a point that needs to be addressed? Doesn't an "instructional video" for state's witnesses have the potential to become an issue in any case in which it is used? If so, at what point does the nuisance cost outweigh the value?

Just curious to see what others think ...

I'll let David speak for himself. I didn't say don't do it. My comment was mainly "be careful what you call it." Any such materials should be produced with the mindset that your opponents will obtain them and use them against you. Even if the video was unchallengable as to its contents, calling it "Witness Training" gives my evil twin the defense lawyer everything he would want.

As long as it fairly explains the process of being a witness and courtroom procedures, with an empahasis on telling the truth, it would never be a weapon for the defense.

It would eliminate the mind-numbing instructions given to every witness. The title could be "Testifying in Criminal Court". The instructions would apply equally to a state or defense witness.

yeah, what john said.

seriously, i can't wait for the court opinion referring to this tool and providing the origin of the phrase "woodshedding" in a snarky footnote.

[This message was edited by David Newell on 06-28-06 at .]

Once I get all of everyone's ideas together, I'll put together an outline of sorts for the possible finished product. Then I'll send it to all who have expressed any interest in the project and solicit comments/suggestions/criticisms, etc. Even if we don't proceed with something as formal as a video, I still believe that it will be a useful endeavor to compile all ideas re explaining the trial process to witnesses. Don't worry... I won't use the "ws" word at all... Now that I think about it, we probably don't want to know the origin of that particular phrase...

keep on plugging. thank you so much for undertaking this idea (it's clearly a good one in light of all the different resources that you've already been able to tap) and it is obviously daunting to try to incorporate thoughts from people across the state. and it will be exceedingly difficult to get everyone to agree on everything. but, as my father just recently told me, an 80% plan executed is better than a 100% plan not. (I think that's a quote of either Patton or MacArthur.)