Tuesday, August 21, 2012

Testifying for domestic violence in jury court, day 1

When you are in jury court to testify for domestic violence, prepare to wait, a lot. It takes half day to select the jury, then everyone goes on break - lunch time. Then everyone comes back at about 1:30 pm and the show begins.

First there will be opening statements from prosecutor and defendant's attorney. Then they call for the first witness, who is the victim. Remember, the prosecutor is on your side, in my case it was a nice lady, she asked me questions step by step what happened during the assault. Then goes the defendant's attorney, and that is where you have to watch out. Try to answer as short as possible, if you can just say "yes" or "no". Remember, his job is to prove that you are lying. He will ask all kinds of unrelated questions or contradicting questions just to make you misspeak. He asked me a few times "what time did you call 911?" I did not call 911, neighbors did, but when he jumps from question to question like this it is very easy to answer "at 6:30" meaning that the neighbors called at that time, though for him it is enough to to prove that you are "inconsistent" with your answers.

In my case the attorney asked me what kind of table was behind me. I said "It was a bar"
-"What kind of bar? With alcohol drinks?"
- "More like a counter, or a raised bar with stools"
The thing is that at that time the stools were not there, I meant where the stools usually be, but for the attorney it was a proof that I lied.

He grilled me for over 2 hours, at one point the judge gave him a warning to stop asking me unrelated questions like "Don't you have a friend who works at an immigration office?" Prosecutor objected and judge gave the warning. In my case objections were flying every 30 seconds, prosecutor was watching it like a hawk. At some point I became very confused with questions that didn't make much sense to me and I was afraid that I'd misspeak again. Somehow I made it to the end.

The judge called for recess and prosecutor told me that I can not stay for my husband's testimony. She'd call me later to let me know when to come for testifying again, if needed.

So, I have no idea what is going on in the court. Doesn't it seem unfair that anything that happens in that court will have direct impact on my life but I am not allowed to be there?

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