Sample Cross-Examination Transcripts

Following are sample direct examination transcripts.

Direct Examination of Crime Scene Expert

Case: United States v. Wilfred Montoya-Baires Summary: The Assistant United States Attorney conducts a direct examination of Forensic Scientist Gary Arntsen to establish that certain shell casings that were connected to a shooting scene. The scientist’s qualifications are substantial and uncontested. Of note during the qualification section is that the prosecutor admits into evidence, without objection, the scientist’s curriculum vitae. While technically relevant, some judges may not allow a CV into evidence over objection, particularly when the expert has discussed the vast majority of his or her qualifications already, and when such qualifications are not contested. The scientist discusses how cartridges are compared with known samples fired from a gun, and how a comparison between samples of known and unknown origin can yield the opinion that a particular cartridge was indeed fired from a particular gun. As to the case at hand, the scientist is able to identify some of the tested cartridges as matching, while others are “inconclusive.” Defense counsel Lana Manitta makes several points on cross examination, including, but not limited to, that the scientist cannot determine when any particular cartridges were fired, that any particular cartridges were fired on the same day as each other, and whether any of the cartridges actually passed through a person.

• Sample Direct Examination of Crime Scene Expert

Direct Examination of Firearm Tookmark Expert

• Sample Direct Examination of Firearm Toolmark Expert

Direct Examination of Homicide Detective

• Sample Direct Examination of Homicide Detective Part I
• Sample Direct Examination of Homicide Detective Part II

Direct Examination of Crime Scene Investigator

• Sample Direct Examination of Crime Scene Investivator

Direct Examination of Gang Expert

• Sample Direct Examinationn of Gang Expert

Direct Examination of Entomology Expert

• Sample Direct Examination of Entomology Expert

Direct Examination of Fingerprint Expert

• Sample Direct Examination of Fingerprint Expert

Direct Examination of Pathologist

Case: State of Maryland v. John Allen Muhammed

Summary: The State’s Attorney conducts a direct examination of Dr. Carolyn Revercomb, a medical examiner, to establish two points. First , that the cause of death of the murder victim was a shot to the head. Second, that the shot came from a “high velocity rifle” as opposed to some other kind of firearm, such as a pistol. The direct examination is effective, the expert’s qualifications to give the opinion are substantial and contested. Because a state medical examiner is called in almost every murder case to establish cause of death, or sometimes time of death or other relevant points, state medical examiners testify often and are almost universally considered qualified to give such opinions.

Here, the medical goes a step beyond the garden-variety medical examiner testimony by giving an opinion about what general kind of forearm was used in the murder. The Defendant, DC Beltway sniper John Muhammed, was representing himself. He did not contest the medical examiner’s qualifications to give opinion testimony concerning firearms, but did conduct cross examination on the point. He also pointed out that while the absence of gun powder stipling on the body indicated the victim was not killed at close range, it did not necessarily mean the victim was killed at long range.

John Allen Muhammed was executed in 2010 for the 2002 murder of a man in Prince William County, Virginia – an alleged part of the beltway sniper killing spree.

• Sample Direct Examination of Pathologist

Direct Examination of Medical Examiner

• Sample Direct Examination of Medical Examiner

Direct Examination of DNA Expert

• Sample Direct Examination of DNA Expert

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