I feel sorry for the jury today.   They sat through hours and hours of testimony from only one witness and they didn’t even hear any cross yet!  The witness on the stand today was the accident reconstruction expert.   I understand that there is some foundation evidence that the prosecutor has to get into, but seriously, today was painful.  It was also cut short by a family issue with one of the jurors. 

This was a big break for the defense.  The jury will likely forget most of what they heard today and the defense can prep for cross tomorrow.  While this jury can take notes, TruTv has reported that they have not used their notepads that often.  One of my biggest issues with the defense in this case is that Higbee’s attorney matches the prosecutor’s tone.  While you don’t want to come across like a jerk, you need some passion in your voice. 

Of course, some attorneys are just a certain way and you don’t want to be something you are not.  It would be nice if another attorney would do some cross from time to time.  That attorney can use a different style which will really have the jury pay attention.  After hours of boring testimony, a half hour or so of quick, surgical-style cross with a lot of passion would go a long way with the jury.