Cross-Examining D

  • Use PICKS
    • Plausibility: how plausible is the story?
    • Inconsistencies: anything inconsistent with what the D said before?
    • Credibility: priors, admissions about lying
    • Knowledge: probe to see if D knows what he’s talking about
    • Supportive Facts: get D to corroborate helpful facts/general layout
  • Asking D if other witnesses are lying.
    • In General: It is misconduct to ask a D if other witnesses are lying where the question serves no evidentiary purpose and serves only to berate the D and inflame the passions of the jury. (People v. Zambrano (2004) 124 Cal.App.4th 228, 242.)
    • But where such questions can serve an evidentiary purpose, a “party who testifies to a set of facts contrary to the testimony of others may be asked to clarify what his position is and give, if he is able, a reason for the jury to accept his testimony as more reliable. (People v. Chatman (2006) 38 Cal.4th 344, 377-384.)
    • Permissible to question defendant “more specifically whether he had any reason to believe the other witnesses would make up lies against him…[where D] took the stand and claimed the witnesses against him were wrong in a way that could only result from deception or bias.” (People v. Lund (2021) 64 Cal.App.5th 1119, 1150.)