Welcome to Bench Notes. This is a blog that will hopefully highlight some funny court anecdotes, and give readers an inside look at forensic science.
The other day I was testifying in a firearms related case. I had been retained by the defense, but neither side was arguing the firearms related evidence. As a matter of fact, both sides agreed to let me read in and explain the report authored by the state’s Firearm Examiner. All in all it was a very pleasant experience.
During cross-examination the prosecutor asked quite a few firearms “trivia” questions to show off his knowledge of firearms and firearms related history. He actually knew a lot about firearms, especially for a lawyer — kudos for him. But then he ventured into an area that is never recommended. He asked a personal question of me, without knowing the answer in advance. This is why lawyers should always interview witnesses before trial. His question was basically how far could I shoot a .22 Long Rifle open-sight rifle with any accuracy. I got to look at the jury and smile and explain that I got to shoot in the 1990 National Shooting Championships at Camp Perry Ohio, and that I have put a 10 shot group at 100 yards under the size of a dime in the rain.
Remember, that was under oath! Needless to say, my reply didn’t damage his point any, it just diminished the impact he was trying to make.
