Musings about hostile witness from October 2008:
http://www.websleuths.com/forums/showpost.php?p=2792780&postcount=102
"Quote:
Originally Posted by Betty Boop
Two words come to mind:
hostile witness"
Theonly1:
HEH. You took the words right off of my keyboard.
A hostile witness can be someone who is called as a witness for your case but does not answer your questions. After they are declared "hostile" you can ask them leading questions and cross-examine them.
Let's speculate and role play CA as a hostile witness [Forewarning: this is pure unmitigated speculation and not fact. It's **Fiction.**] Keep in mind this may not happen. CA could answer truthfully, fully and honestly!
SA=State's Attorney
SA: "Your Honor, the State calls CA to the stand."
CA is retrieved from the corridor and led into the courtroom. CA is asked to raise her hand and solemnly swear that the testimony she is about to give is the truth, the whole truth and nothing but the truth, so help her god, yadda yadda.
CA: "Yes, I do."
Judge: "Please take a seat. SA, you may go ahead."
SA: [takes CA through **all** the questions that he knows she'll answer truthfully without leading her...and THEN pops a question they know she will bristle answering.
Example: "Isn't it true that Casey has stolen upwards of $20,000.00 (insert any know amount) from you over the past X years?"
CA: Gives waivering roundabout answer...
SA: "Mrs. A, did you tell the 911 operator in the call on July 15, 2008 that you wanted Casey arrested for stealing and that you had an Affidavit from the bank swearing to this fact?"
CA: [Hopefully tells the truth. Yes/buts won't work here.]
SA: Do you have an Affidavit? Where is this Affidavit?
If not the SA will point out her previous statement on 911 call. If CA vacillates, tries to say she was not telling the truth at that time but just to get LE out to the house, etc. They SA will say, "Are you saying you were not telling the truth on the 911 call?" "When are you telling the truth, then or now? Etc." The SA will dig in like a physician with a scalpel. The minute she gets squirrelly, answers in circles, or does not answer the question "yes" or "no" then...
SA: Your honor, I request permission to take this witness as a hostile witness.
Judge: Request granted. Let the record reflect that State is taking CA as a hostile witness.
CA: Looks confused [Most of these usually do...]
After this point the SA can lead the witness and all the gloves are off.
------------That was from October. Imagine how it could go now:
SA: "Mrs. Anthony, did you wash any items retrieved from the Sunfire?"
CA: "Yes, I did."
SA: Did you wash a pair of gray pinstripe trousers belonging to your daughter, Casey?"
CA: "Yes, I did."
SA: WHY did you wash the trousers?
CA: "They smelled like the car."
SA: The car that you said, "smelled like there was a dead body in"?
Defense: Objection, your Honor, leading...
SA: Question withdrawn. Mrs. Anthony, did you tell the 911 operator that it smelled like there was a dead body in the damn car?
CA: I just meant it smelled bad...
SA: Answer just yes or no, please.
CA: Yes, but I did not mean an actual dead body...
SA: Did you in fact tell your husband GA "what died in there?"
CA: That's a figure of speech.
SA: Your honor, request to take this witness as a hostile witness.