Court-Martial Trial Practice Blog
Introducing evidence or refreshing recollection?
TC: May I approach the witness?
MJ: Yes.
TC: I’m handing prosecution exhibit 3 to the witness, please look at that.
DC: Can we see that first please?
TC: Your honor we gave a copy of this to the defense in discovery.
DC: Your honor such a comment is improper and unprofessional in front of the members and my client. The trial counsel is seeking to show the defense in a bad light to the members. We’ve been given a lot in discovery, but not the specific exhibit as now being offered. I want to make sure it’s the same exhibit we have and that the trial counsel has not, as some have done, either added or taken out a page from the exhibit, or that there is extra writing on it, or some other alteration since we were given the documents in discovery. And we object as to foundation.
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DC: Your honor I’d like to show the witness defense exhibit “C” for identification. I’m handing the trial counsel a copy, I have a working copy for you, and the original is with the court-reporter.
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If the counsel was not seeking to make the defense look stupid under the scenario above then they need to review their court-room etiquette.