While some trials involve forensic or scientific evidence, all trials involve an element of witness credibility. Historically and as a matter of common sense, we know that some witnesses will lie, get together and get their story straight or at least try to. We separate our children and students in class when we’re trying to figure out who broke the vase. Where the stories diverge or contradict, we can start to get at the truth. There is an old biblical story about 2 elders who accused a woman, Susanna, but were caught lying during a trial. How? They were separated. Sequestered. And when their stories differed, it was evident that she was innocent and they were lying.

In the law, there are rules to create the same environment. Sequester witnesses so that they cannot hear what the other has to say. This allows us to show contradictions, inconsistencies and even outright lies. This is what cross is about but there is a rule, a procedural rule, that is used by the prosecution and state to get around this rule in an important way: they are permitted to have a police officer sit in the courtroom the entire time and listen to what every witness says. Even when that officer testifies, they can designate another officer to sit there and do the same thing. While every other witness is sequestered, the detective is not. It’s unfair but there is a way to deal with it. Listen and find out ...