For a model use of a witness' own words during cross-examination of an expert, read this opinion.

Big cheers to Travis County prosecutor Allison Wetzel for imaginative and sarcastic use of a profane verb during trial.

[This message was edited by JB on 09-07-07 at .]

Wetzel is the bomb! What an excellent opinion, and great prosecution.

[This message was edited by Greg Gilleland on 09-07-07 at .]

I have a refrigerator magnet that says, "Tact is for people who aren't witty enough to be sarcastic." Allison is definitely witty in this cross-exam! I'll bet it was fun to watch. And this opinion does a great job of laying our just why a prosecutor would be moved to sarcasm. The facts of the case are horrible.

And more than that, Jane, Allison had to take alot more from the other side than she gave back. After reading that entire opinion, the defense tried an agressive case, replete with obscene personal attacks on two fine prosecutors by the defense "expert".

"Invited argument" and "opening the door" on direct are two lessons that "team" for the defendant should learn a lesson from.

My favorite line, which anyone who knows Allison can hear her saying, with deadpan but effective delivery, was:

The prosecutor argued that she personally attempted to stuff five paper towels into her own mouth and that "it was not a pretty sight."

I bet that dead baby was not a pretty sight either, something the jury and appellate court obviously did not lose sight of.

Thanks for protecting our children, Allison!

It always bothers me that prosecutors and officers get personally attacked at all junctures, but "personally attacking" the criminal is grounds for 32 (or however many they listed) arguments on appeal--even if everything she said was true!!

After reading that opinion, it sounds like the prosecutor used quite a bit of restraint in the questioning of the expert--asking the stunners and then moving on and not belaboring it and then coming back to it again later when the expert waffled again.

Congrats to them!