Hello WS
Parents To Testify For Prosecutors During Trial
That information and link provided to me by WS from "today's current news" thread.
I have a question. This is big, ya? Does this mean what I think it means, that George and Cindy must testify "against" Casey? How does that work?
Don't both sides ask questions of each witness, and what would make it that George and Cindy "were testifying FOR prosecutors"? How can prosecutors know that asking G&C questions will help their case? Or is that it...they know that just by asking them questions it will be good for their case?
I bet there are threads that talk about this so I will look but if anyone has a link handy: thanks.
...jmo...
The language that reporters (or the public) often use saying a witness is "for" the prosecution or the defense is actually misleading and inaccurate. A witness, unless they are an expert witness, can only testify as to what they saw with their eyes, heard with their ears, ... smelled, tasted or touched. They are called "percipient" witnesses in that they testify about what they observed with their five senses. They can testify as to their own thoughts, feelings and emotions. They can testify as to what they did or said. Someone who qualifies as an "expert witness" can also testify about their educational and experience background (to qualify them as an expert), their testing or expert observations, the conclusions they draw from facts and testify on what lawyers call "ultimate facts" and conclusions. Other witnesses cannot testify as to ultimate facts and conclusions because that is reserved for the jury. A juror can choose to disbelieve an expert. The difference is an expert gets to testify on those subjects where another lay witness (non-expert) may draw an objection if they try to testify on an ultimate fact or conclusion.
Now, this is misleading language to say a witness testifies "for" the prosecution or defense because the things a witness observes with their five senses and generally their other testimony should be neutral as to which side of the case they favor. They either did not did not see a red light. The fact is the light was red or it was not; completely neutral.
The error comes in because the witness is called to testify or subpoenaed by either the prosecution or the defense (or both). It is not uncommon for both sides to subpoena and/or call the same witness in the same case!
In this case, CA, GA and LA, even though they have made it abundantly clear to the public that they are supporting KC as a family regardless of what they think she did or didn't do, are being subpoenaed/called as witnesses by the prosecution because they have some neutral observations and testimony that they know that is helpful for the prosecution to prove a fact that is part of the elements of the charges in this case.
A witness is not voting on the verdict. A witness just needs to answer the questions based on what they observed. Therefore, no matter how biased the witness, they can still be called by either side. If they are contentious about it, they may be declared a hostile witness and the side calling they may be able to dispense with the non-leading questions and be permitted to ask leading questions (questions that are phrased so they suggest the answer in the form of the question.) An example of a non-leading question is: "What color was the light?" An example of a leading question is: "The light was red was it not? Answer 'yes' or 'no'." The second one has the fact they are trying to prove in the question; therefore they are "leading" the witness to that answer. Cross examination always allows leading questions. Direct exam does not unless the witness has been declared hostile.
So, the short answer is this is not big. It is a misleading headline and a misunderstanding of the role of a witness in litigation by the reporter. They are not testifying "against" KC. The prosecutors know what questions they will ask and because they have interviewed the witnesses and prepared for trial, they know what the answers will be at trial prior to asking the questions.
