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The Government's Witness is Hearing Voices!

The Government's Witness is Hearing Voices!. Presented by Keith Williams of the Law Offices of Keith A. Williams, P.A. Acknowledgments . Sean Devereaux: 1999 Wake Forest Criminal CLE Seminar Manuscript Dr. John Warren, Ph.D: 2000 Federal CJA Seminar Manuscript. Introduction.

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The Government's Witness is Hearing Voices!

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  1. The Government's Witness is Hearing Voices! Presented by Keith Williams of the Law Offices of Keith A. Williams, P.A.

  2. Acknowledgments • Sean Devereaux: 1999 Wake Forest Criminal CLE Seminar Manuscript • Dr. John Warren, Ph.D: 2000 Federal CJA Seminar Manuscript Email: kwlaw@earthlink.net Phone: 252.931.9362

  3. Introduction • Government’s Witness has Mental Health “Issues” • Obtain Treatment Records • Use Records to Challenge Witness Competency • Use Records to Cross-Examine Witness • Use Records as Basis for Obtaining Expert Witness Assistance Email: kwlaw@earthlink.net Phone: 252.931.9362

  4. Government’s Witness has Mental Health “Issues” • Client may know Witness and may have heard of potential mental health issues • You may spot it in discovery • You may spot it through observing the witness • Key: finding out that Witness receives treatment at XYZ Mental Health Center Email: kwlaw@earthlink.net Phone: 252.931.9362

  5. Obtain Treatment Records • Ex Parte Motion for Subpoena; consider privilege issues • Fed. R. Crim. Pro. 17(b) • Subpoena to Records Custodian of XYZ Mental Health Center • Custodian produces records in camera to judge • Judge decides whether to release Email: kwlaw@earthlink.net Phone: 252.931.9362

  6. Use Records to Challenge Witness Competency • Witness not competent to testify because mental health problems make Witness unable to recall facts or unable to understand the duty to tell the truth • Object before AND after the witness testifies • United States v. Odom, 736 F.2d 104 (1984) Email: kwlaw@earthlink.net Phone: 252.931.9362

  7. Use Records to Cross-Examine Witness • Walk Witness through what Witness told mental health counselor • Hearing voices • Seeing imaginary people • Attempting suicide • But be careful – jury will hold it against you if you beat up on Witness Email: kwlaw@earthlink.net Phone: 252.931.9362

  8. Use Records to Get Expert Witness Assistance • Ex Parte Motion for Psychologist to testify as defense witness • Psychologist can review Witness’ mental health records and testify that Witness cannot be believed • 18 U.S.C. 3006A(e)(1) Email: kwlaw@earthlink.net Phone: 252.931.9362

  9. So What Happened in My Case? • Witness found competent to testify; a low standard! • Defense attorney conducted brilliant cross-examination • Psychologist testified that Witness was unreliable • But . . . Client’s confession hurt us! • Client convicted Email: kwlaw@earthlink.net Phone: 252.931.9362

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