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MJ Summer Camp IV

Introducing evidence or refreshing recollection?

TC:  May I approach the witness?

MJ:  Yes.

TC:  I’m handing prosecution exhibit 3 to the witness, please look at that.

DC:  Can we see that first please?

TC:  Your honor we gave a copy of this to the defense in discovery.

DC:  Your honor such a comment is improper and unprofessional in front of the members and my client.  The trial counsel is seeking to show the defense in a bad light to the members.  We’ve been given a lot in discovery, but not the specific exhibit as now being offered.  I want to make sure it’s the same exhibit we have and that the trial counsel has not, as some have done, either added or taken out a page from the exhibit, or that there is extra writing on it, or some other alteration since we were given the documents in discovery.  And we object as to foundation.

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DC:  Your honor I’d like to show the witness defense exhibit “C” for identification.  I’m handing the trial counsel a copy, I have a working copy for you, and the original is with the court-reporter.

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If the counsel was not seeking to make the defense look stupid under the scenario above then they need to review their court-room etiquette.

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