sleutherontheside
Retired WS Staff
- Joined
- Jan 16, 2009
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That's when you place a transcript of what the witness had previously said in front of him and ask him to read what he had previously said to the court. After he has done so, you then ask him: did that refresh your memory?
After about the third time that this takes place, my experience is that anytime you reach for a transcript, that forgetful witness might well suddenly blurt out something akin to: oh yes, I suddenly remember now.
(great things, those transcripts ... snicker)
I feel I can contribute something that may provoke consideration. I wouldn't automatically discount a statement because of variation (note I did not say discrepancy). When I was in college, a very good friend of mine was accused of date rape. I received a call from campus police the day after the "alleged incident" requesting that I come in for an interview. My name had been given as an alibi. So......the Cliffs notes version is this. I was at a frat party and I saw this friend. He was with a girl and they were very affectionate with one another. I remember commenting to HER that my friend was drunk and she'd have to give him a ride home because I didn't want "barf" in my car. I never saw them leave that night. While being questioned by campus police, I was asked when the last time was that I spoke to my friend. I answered honestly and said "last night". The officer then asked me if I was sure. I was so frazzled, nervous, confused, that I TOTALLY forgot that after the party he had called me briefly to ask me if I had seen his wallet and "how did he get home?". When the officer pressed the issue further, it clicked and I remembered. Was I truthful? YES! Did my story change? YES! Did I lie? NO! Sometimes things click. The brain is a mysterious thing.