Appendix C -4 Sample Direct Examination of Dr. Mayhew on Behalf of the Defense

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

APPENDIX C-4 Sample Direct Examination of Dr. Mayhew on Behalf of the Defense

This examination is based on the premise that the expertise of the witness has been established. Accordingly, the witness can offer opinion evidence. As an aside, as discussed in Chapter 11, Mental Defenses and Mental Health Issues, it is generally not a good tactic to allow a stipulation as to expertise. The jury should hear all of the expert's qualifications and honorariums.

Since the defense is raising the mental health issue, Dr. Bartlett, the government's witness, will not have testified yet.

Direct examination:

Q: Dr. Mayhew, did you interview and evaluate Mr. Sickles concerning the incident on February 27, 2008?
Q: How did you prepare for those interviews?
Q: Did you review the results of other testing, such as neurological and physical examinations?
Q: In addition, did you read the police reports, witness statements, and Mr. Sickle's school records?
Q: What about interviewing Mrs. Sickles, his wife? [Did you conduct any interview of other people? Who did you interview?—dates and lengths of interviews]
Q: Mrs. Duffy?
Q: Who is she?
Q: Did you interview a Mr. Wooldridge?
Q: Who is he?
Q: Why did you interview Mrs. Sickles, Mrs. Duffy, and Mr. Wooldridge?
Q: You are aware that the government's witness, Dr. Bartlett, also

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