Cindy's Coworkers @ Gentiva

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I just rewatched the 7/15/10 hearing. I think CM should not be used to question witnesses on the stand b/c his loss of hearing, the way he has to ask people to speak up or repeat themselves b/c he can't hear well, is off-putting and slightly irritating, not only to the spectator but also to the witness (that is my conjecture watching the reactions of the witness and their tone/expression/body language when asked to repeat themselves--both LA & DP).

This is the portion showing CM questioning DP.
http://www.wftv.com/video/24283718/index.html

:cow:
 
In Session is replaying the testimony today and I have been listening to CM questioning Debbie.
Has anyone else noticed that CM has a snippy attitude and almost barks at his witness at times? I think this poor woman who comes across as quite meek was scared of him. He really needs to loose some of his McGruff tendencies. The jury will not care for these tactics at all.

I noticed that too, but also wondered... It seemed when he made out that he couldn't hear or didn't understand, the witness then did not always, or even often, repeat back exactly what they had said, but instead, rephrased it. I guess I'm a bit suspicious, growing up in S. Florida, but it made me wonder if this was an accident, or an attempt to get the witness to rephrase something in a manor more favorable to his client.
 
I noticed that too, but also wondered... It seemed when he made out that he couldn't hear or didn't understand, the witness then did not always, or even often, repeat back exactly what they had said, but instead, rephrased it. I guess I'm a bit suspicious, growing up in S. Florida, but it made me wonder if this was an accident, or an attempt to get the witness to rephrase something in a manor more favorable to his client.

That's an interesting theory, 2 answers for a question.
If the witness's rephrased answer is very different from her first answer, does the Judge intervene and ask which answer is the correct one? This could be a nightmare for a jury when they reread the transcripts while deliberating.
 
That's an interesting theory, 2 answers for a question.
If the witness's rephrased answer is very different from her first answer, does the Judge intervene and ask which answer is the correct one? This could be a nightmare for a jury when they reread the transcripts while deliberating.

Yes, and I have a concern about all the "small" changes in testimony that take place when he "can't hear," small changes that are the witness is not called on. These could lead to interesting discussions in the jury room too... The witness said... *advertiser censored*, ah yes, but when repeating it, they also said... YYYY!
 
It was so refreshing to see Debbie's honest testimony yesterday. She will, at trial, be very helpful to the state (along with the other co-workers). With the endless amount of lies we have heard from the family and defendant, any truth, coming from someone connected to this case, is something to rejoice over.
 
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