7.4. PREPARING THE VICTIM (AND OTHER LAY WITNESSES) FOR TRIAL
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Familiarize the victim with the courthouse, its occupants and their roles, and with courtroom procedures and rules.
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Show her the location of the courtroom, waiting room, rest rooms, telephones and vending machines.
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Walk through the courtroom together and show her where she will enter and sit, where you will be located when she testifies, where the advocate will be, who will swear her in and who will question her.
N.B.: in cases where identity is at issue, take great care not to influence the victim-witness’s identification testimony by telling her where the defendant will be located.
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Make her aware of the presence and location of court officers, and with other safety features and protocols which will help protect her from the defendant and/or the defendant’s friends and family.
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Explain the roles of the Judge, lawyers, court officers, probation officers, jury, witnesses, and the clerk.
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Go over courtroom procedures and rules such as:
(1) what sequestration means
(2) how evidence is entered
e.g. “I’m handing you Commonwealth’s Exhibit A for identification purposes; can you tell me what it is?”
(3) how you might refresh her recollection
e.g. “Did you keep a diary in which you recorded the dates of those phone calls? Would it refresh your recollection to look at that diary right now?”
(4) how to respond to multi-part questions
answer one question at a time
(5) her response to objections
Advise her to be silent until the judge rules
To only answer the question if the objection is overruled and you are told to answer;
That “sustained” means there is a legal problem with the way the question was asked and that it will be rephrased or withdrawn
(6) explain hearsay rules in general, layman’s terms
This will prepare her for the frustration she feels because she isn’t able to tell everything she knows in response to a question
(7) sidebars
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Review prior recorded testimony, police reports, witness statements involving her testimony as well as physical evidence and exhibits she will be asked about.
2. Discuss her testimony, stressing to her that above all, the emphasis is on truth.
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Tell her the importance of answering only the question before her, without exaggerating or withholding anything. Let her know that it is okay to answer, “I’m not sure”, “I can’t remember right now” or “My best memory is,” if that is the truth.
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Explain that it is critical that she listen carefully to the question. Encourage her to pause before answering the question to be sure she has a complete understanding. Encourage her that it is okay to ask for clarification of a question or for the meaning of a word or phrase.
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Let her know that she will not be allowed to give conclusions or opinions, and that offering additional information may anger the judge. Advise her to relate only what she herself observed or personally knew about. She should tell what someone else said only if specifically asked.
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Inform her that the defense counsel may attempt to unsettle her or set her up for impeachment with certain lines of questioning such as, “Is that all that happened?”, “Was your memory better then or now?”, “You discussed this with the ADA, didn’t you?” Again, let her know that it is okay to answer, “I’m not sure” or “There may have been other things, but that’s all I recall right now.” Tell her that her discussions with police, prosecutors and advocates regarding court proceedings are perfectly acceptable.
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Explain the necessity of asking certain questions which may seem particularly intrusive; e.g.: establishing penetration, specifying vulgarities used by the defendant, revealing personal information or sentiments toward the defendant.
3. Remind her that court is a formal place and that her appearance and demeanor should reflect the same.
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Recommend that she avoid becoming angry, rude or sarcastic, even if the defense attorney’s questions are repetitive, intrusive, or insulting. Explain that the defense attorney may purposefully try to get her angry in front of the jury.
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Suggest she use the same tone of voice with both lawyers.
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Remind her that the jury is hearing her story for the first time and that they need to hear all the details, even though she has already told many people.
4. Discuss how she is feeling now, and how she may feel after testifying and after the verdict is returned.
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Prepare her for the possibility of a not guilty verdict and how it could affect her. Suggest that she may feel the outcome is unfair and irrational.
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Tell her that no matter the outcome of the trial, she is to be commended for her service in testifying, for her strength and her selflessness.
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Assure her that although the court experience may be difficult and stressful, you and the advocate will be there to explain, support, and help. Let her know that she is not alone.
5. Where applicable, review and update her safety plan and referrals
6. Give her a copy of “Suggestions for Witnesses”
The Northwestern District Attorney’s Office has written up “Suggestions for Witnesses,” a copy of which is found in the appendices, section 9.6. Given the amount of information the victim/witness will be digesting from your trial preparation meeting, it is advisable to send her home with a written reminder of some of the most important points.
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