In this episode of The Sniper Defense, Podcast Playbook for Defense Attorneys, Thomas O’Toole, Ph.D. discusses a process that defense attorneys can use to develop effective defense strategies and themes.
For courtroom-drama lovers, Netflix’s Making of a Murderer is a must-see. I say this knowing that the number of “must-see” shows these days goes far beyond the available free time of just about any trial attorney. Whether it’s Breaking Bad, Homeland, Last Man on Earth or countless others, everyone seems to have a show at the top of their list that I haven’t had the chance to see. I’m just not a binge watcher, so I’m always left behind.
Making of a Murderer is the exception. I can’t recall another show in recent memory that led me to question just how much sleep I really needed as I stayed up late watching it. It is a totally riveting documentary series about Steve Avery, a Wisconsin man who spent 18 years in prison for a crime he didn’t commit, sued the County police that put him there for $36M, but found himself accused of being at the center of a heinous crime before the lawsuit could develop past the stages of the shocking depositions given by the key police officers. Was he framed? Did he commit the crime? Trying to answer these questions is like riding that roller coaster that’s just a little bit scarier than what you’re used to riding. Continue reading
By Thomas M. O’Toole, Ph.D.
After receiving several requests from clients, we recently put together this 7-minute video for attorneys to share with key witnesses in their case before their depositions. It is always preferable for attorneys to meet with their key witnesses in advance of the depositions to spend time practicing the testimony. This helps familiarize witnesses with the common pitfalls of a deposition, can increase their comfort level, and give them an opportunity to fail in a mock setting so that they can succeed in the actual deposition. However, these practice sessions are not always possible. Consequently, we put this video together as a free tool for attorneys to send to their witnesses.
The goal of the video is to provide witnesses with the essentials for performing well in a deposition. While the video is certainly not comprehensive, the core principles and rules that are discussed will help witnesses navigate most of the hurdles they will face.
We have also posted the video on YouTube at: https://www.youtube.com/watch?v=ZhsVBRQezz0
For more information on effectively preparing witnesses for depositions, check out the publications section of our website.
By Thomas M. O’Toole, Ph.D.
The United States Justice Department and six states recently filed an antitrust lawsuit in federal court seeking to block a merger between American Airlines and US Airways. The Justice Department argues the merger would reduce competition and drive up costs for consumers, noting the deal would result in 80% of the air travel in America being controlled by only four carriers.
While several analysts suggest a trial is unlikely, this case raises some interesting questions about how to effectively defend against antitrust claims in front of a jury. Let’s look at the story structure put forth by the government and explore the ways in which the airlines can make inroads and motivate jurors to advocate for them in deliberations. Continue reading