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CHAPTER 17 WHAT IS REALLY PROPER?
This is from the cross examination of Vickie Brown at the criminal trial. The attorney asking questions is Mr. Mitchell.
Q. "After arriving at Mr. Brooks' home, you stated he got out of the driver's side. Is that correct?" A. "Yes, he did."...Q.
"What is the next thing that happened?" A. "He had got out of the driver, of the vehicle and went around and he was yelling
for his wife, "Deb, get out here. Deb, get out here"." Q. "Did you ever see Deb?" A. "No, sir." Q. "What's the next thing
that happened?" A. "I heard his son, Jeremiah, come out." Q. "Did you see Jeremiah?" A. "No, I did not see Jeremiah."...Q.
"Do you know where Jeremiah was?"...A. "No, I do not recall exactly where he was, no, not exactly." Q. "But you didn't see
him. Is that right?" A. "No, sir. I didn't see him." Q. "Ma'am, your deposition in this case was taken on February 4th
2005. Do you recall that?" A. "Yes, I do." Q. "And on that date, do you recall me asking you the question, "And did he walk
towards the house?" A. "And did Mr. Brooks walk towards the house?" Q. "Yes." A. "He walked in front of the truck, yes, sir."...That's
when Jeremiah met him, and I'm basing that on the fact--" Q. "Ma'am, what was your response on that day?" A. "Oh, that's when
Jeremiah met him and was wanting to know what was going on because that's what I heard." The State Prosecutor interrupts.
MR. AHSENS: Again I'm going to object, Your Honor. It's not impeaching. It's improper cross examination." VICKIE: "I mean,
that's what I heard, sir. I never saw him." MR. MITCHELL: "May we approach?" THE COURT: "Just a minute, ma'am." The lawyers
go up in front of the judge where the jury can't hear. MR. AHSENS: "My objection is this is improper cross examination and
is not impeaching. It's harassing." MR. MITCHELL: "Hang on a minute. She states in her deposition not a month ago that she
saw him out the passenger side of the window. She testified here she never saw the kid. That's where I'm going." THE COURT:
"Okay." MR. MITCHELL: "Did Jeremiah come out of the house?" "Yes, he was out of the house." "And was he away from the front
door towards his father?" "I'm not sure." "If you looked out the passenger window, could you see him, or did you have to look
out the front windshield?" "I would have looked out the passenger's window." THE COURT: "So what's the point, even if that's
correct?" MR. MITCHELL: "Because her credibility in this case, this whole case is on this woman's testimony, and this woman
has changed her testimony not once, not twice." THE COURT: "But minor inconsistencies aren't really helping you a whole lot."
MR. MITCHELL: "It just goes to the fact that she can't keep her stories straight. They're basing their case on that." THE
COURT: "Well, I'll allow it, but I'm not sure that it's really proper."
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