Use of Rebuttal Evidence
In an example of cross-examination by use of rebuttal evidence, another disgruntled ex-employee was totally discredited. Count 25 of the indictment charged the defendants with the discharge of raw sewage from a septic tank to the turning basin. This ex-employee testified that he had been ordered by one of the defendants to stop calling vacuum trucks out to the facility to remove septic waste because it was too expensive. The Government also sought to prove that ex-employee was told to pump the septic waste out into the turning basin. Through its pre-trial investigation, the defense team learned that this ex-employee had been fired for being uncooperative with management and for incompetence. Again, thorough preparation paid dividends. In an example of classic stair step cross-examination, the ex-employee, after denying calling a vacuum truck on each occasion, was presented with paid invoices bearing his own signature for each of the vacuum trucks he had testified that he had been ordered not to call. The Government objected to the exhibits as they claimed that they had not been provided pre-trial. The district court admitted the evidence as true rebuttal evidence, commenting to the Government: “Your man got up there and lied through his teeth and they sprung a trap on him.”
Without having intensively prepared for each disgruntled ex-employee, the cross-examination would have been much less effective.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
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