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The Government's Witness is Hearing Voices!
Presented by Keith Williams of the Law Offices of Keith A. Williams, P.A.
Email: [email protected] Phone: 252.931.9362
Acknowledgments
Sean Devereaux: 1999 Wake Forest Criminal CLE Seminar Manuscript
Dr. John Warren, Ph.D: 2000 Federal CJA Seminar Manuscript
Email: [email protected] Phone: 252.931.9362
Introduction Government’s Witness has Mental
Health “Issues” Obtain Treatment Records Use Records to Challenge Witness
Competency Use Records to Cross-Examine
Witness Use Records as Basis for
Obtaining Expert Witness Assistance
Email: [email protected] Phone: 252.931.9362
Government’s Witness has Mental Health “Issues” Client may know Witness and may
have heard of potential mental health issues
You may spot it in discovery You may spot it through observing
the witness Key: finding out that Witness
receives treatment at XYZ Mental Health Center
Email: [email protected] Phone: 252.931.9362
Obtain Treatment Records Ex Parte Motion for Subpoena;
consider privilege issues Fed. R. Crim. Pro. 17(b) Subpoena to Records Custodian of
XYZ Mental Health Center Custodian produces records in
camera to judge Judge decides whether to release
Email: [email protected] Phone: 252.931.9362
Use Records to Challenge Witness Competency Witness not competent to testify
because mental health problems make Witness unable to recall facts or unable to understand the duty to tell the truth
Object before AND after the witness testifies
United States v. Odom, 736 F.2d 104 (1984)
Email: [email protected] Phone: 252.931.9362
Use Records to Cross-Examine Witness Walk Witness through what
Witness told mental health counselor
Hearing voices Seeing imaginary people Attempting suicide But be careful – jury will hold it
against you if you beat up on Witness
Email: [email protected] Phone: 252.931.9362
Use Records to Get Expert Witness Assistance Ex Parte Motion for Psychologist to
testify as defense witness Psychologist can review Witness’
mental health records and testify that Witness cannot be believed
18 U.S.C. 3006A(e)(1)
Email: [email protected] Phone: 252.931.9362
So What Happened in My Case? Witness found competent to testify;
a low standard! Defense attorney conducted
brilliant cross-examination Psychologist testified that Witness
was unreliable But . . . Client’s confession hurt us! Client convicted
