Attorney Gary Wenkle Smith on Preparing a Witness for Trial

As an attorney, Gary Wenkle Smith understands that his role is not only knowing the law but also understanding the client, the case, and the jury. He spends time in advance of a trial filing motions to benefit the defense’s case, reviewing evidence, and questioning witnesses. One of the most important tasks he has is preparing potential witnesses to give testimony. Because of his years of experience as a criminal defense attorney, Gary Wenkle Smith knows that juries approach cases with bias in one form or another. He focuses jurors on the idea of “innocent until proven guilty” and works to dismiss jurors who are unable to perform their duty this way. Even with the right mindset, though, a lot of the jury’s interpretation of a case comes from the way in which witnesses represent themselves. When Mr. Smith prepares witnesses for the case, he focuses on several key areas…

Clarity

Preparing a witness never means lying about what happened. Instead, it means practicing the story. With serious crimes, witnesses are often put in the middle of chaotic situations. It is only afterward that they can process what happened. Practicing the story that a witness will tell gives him or her a chance to clarify what really happened. When a story is easy to follow and when the witness’ motivation is clear, it is simpler for a jury to understand.

Perspective

Witnesses may have different views of the same events during a crime. For example, the prosecuting attorney might present a witness who claims that the defendant attacked the victim. The defending attorney may counter with a witness who says that the defendant acted in self-defense. When he is coaching clients as their attorney, Gary Wenkle Smith points out the ways in which the same events can be interpreted differently. Also, he advises witnesses about facts that they should be sure to mention to counter the prosecution.

Emotions

During the events that have led to a serious criminal case, the defendant may have felt scared, angry, confused, or regretful. Gary Wenkle Smith knows that his role as an attorney is to let witnesses show these emotions in a way that helps the case. Consider the difference between these two statements: “I felt like I was about to get killed, and so I shot the man to protect myself.” “He was running at me, so I killed the guy.” The first sentence explains the witness’ state of mind and motivation. The second phrase does not, and it also suggests a level of uncaring that will turn off a jury. The way in which a witness speaks about the other people involved in the crime, the way he talks about his own actions, and the words that he chooses to describe his state of mind all affect the way a jury will view the witness. Get in touch with Gary Wenkle Smith, an experienced defense attorney, by calling (909) 496-3448 or emailing his offices today.