The show Law & Order–may it live forever in syndication—has a formula: During the first thirty minutes someone will find a dead body, detectives will investigate, and a suspect will be arrested.
The next thirty minutes usually involves the district attorney: after arraignment (usually by a fetching assistant) he’ll prepare his case and go to trial.
Suspense and surprises abound: a witness is caught off guard, someone loses their temper, and an attorney gets an answer he wasn’t expecting. At the end of the show, the accused is convicted, or not.
Cross-examination is the lynchpin of the drama.
In real life, there are few surprises for defense attorneys. My philosophy is preparation, preparation and more preparation.
More than 90 percent of my successful cases hinge on effective cross-examination. Did I mention preparation? My team and I are ready to fight for our clients from the start: we consider a preliminary hearing a prime opportunity to get a case dismissed.
The Callahan method
We begin with the police reports. My team and I scrutinize them. We often subpoena 911 recordings to hear what witnesses and police said when they called in the incident.
If there’s grand jury testimony, we add that to the mix. We interview the witnesses ourselves. We visit the scene to determine whether the story the witnesses and police described actually fits reports and testimony.
Next, we chart the words of the witnesses: from the initial report, to the police station questioning, to the grand jury and own our interviews.
Needless to say, stories change.
When a new witness comes forward to contradict testimony offered to police, we’re aware and ready.
In short, we leave no stone unturned.
Psychology 101
Unlike television and movies, where fictional supermodels, mob bosses, dirty politicians, and angry mistresses make for great cross-examination, most of the witnesses I cross-examine are police officers.
I strive to put myself in their shoes. Because I’ve studied the prosecution’s evidence and the police reports, there will be very few surprises. As every good lawyer knows: Never ask a question you don’t know the answer to.
After more than twenty years as a defense attorney, I know a police officer will testify in a way that puts my client in the worst possible light.
When it comes to cross-examining eyewitnesses and the rare expert witness, the methods are similar: I put myself in their shoes. I compare their words and findings with what my team’s research has gleaned.
Hiring Robert J. Callahan & Associates assures the accused of several things you won’t get with a public defender or even another private attorney:
- We will do our own homework
- We will go the extra mile with our own research and investigations
- We will fight from day one, including the preliminary hearing
Armed with two decades of experience, research, investigation, interviews and other tools, I can find discrepancies and inconsistencies that point to reasonable doubt.