Is it legal to coach a witness using hand gestures? 9 Answers as of December 13, 2011
We were in court for a preliminary hearing where the arresting officer was giving his testimony. The lead detective in the case was seated next to the DA directly in front of the witness on the stand. At this time the det. began making hand gestures like a baseball umpire would do if a play was safe, as the testimony by the arresting officer continued the det. then began shaking his head then raising his hands as if to wave them in an attempt to get someone's attention. This occurred in a court room in front of a presiding judge who did nor said nothing pertaining to the a fore mentioned incident. Is this a violation of a defendant's rights?Free Case Evaluation by a Local Lawyer!
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Law Office of Peter F. Goldscheider | Peter Goldscheider
Of course. The problem is now establishing it occurred if no one said anything at the time. At trial you could have someone who saw this testify but it would be his word versus their word.
Answer Applies to: California
Replied: 12/13/2011
Law Office of John R. McCardle | John R. McCardle
Yes, if the defense attorney brings it to the Court's attention.
Answer Applies to: California
Replied: 12/12/2011
Law Offices of James A Bates | James A Bates
It is a violation and the defense attorney should have noticed it and commented about it on the court record. This might be a reason for a motion to dismiss the case.
Answer Applies to: California
Replied: 12/12/2011
The Law Offices of Robert L. Driessen | Robert L. Driessen
This is not proper and if the judge saw it action should have been taken. I am not certain why all potential witnesses that may testify in the case were not ordered to leave the courtroom and why the detective was able to sit at council desk for a preliminary hearing. The defense attorney needs to speak with the judge and the DA on this.
Answer Applies to: California
Replied: 12/12/2011
Hammerschmidt Broughton Law | Mark A. Broughton
The answer is yes. There cannot be any coaching of witnesses who are testifying from the witness stand. However, it is up to the attorney to bring this to the attention of the judge, and "make a record," as we lawyers say. That means that what the officer is doing (or anyone else for that matter), must be stated in words so the court reporter makes a record of you referring to it. Once that is done, the judge should be instructing the "coach" to stop it and can follow up later if it doesn't stop. If the coach is doing this and it doesn't make it "on the record" a reviewing court will not be able to rule on it. So, it's up to the lawyer to bring this to the attention of the court.
Answer Applies to: California
Replied: 12/12/2011
Dennis Roberts, a P.C. | Dennis Roberts
Of course it is but if the judge saw it and did nothing there is not much that can be done
Answer Applies to: California
Replied: 12/12/2011
Law Office of Joe Dane | Joe Dane
Yes, it's a HUGE problem. The defense attorney involved in the case should be made aware of this issue immediately.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If the investigating officer is coaching a witness during that witnesss testimony then he is at the very least leading the witness. This is not allowed for witnesses testifying for the side that called that witness. A witness on the stand should be testifying only as to what they personally know to be true. However, in a preliminary hearing an officer may with the right background testify as to what the victim told him at the time. However, if your attorney did not object at the time there is nothing you can do now.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Jeff Yeh | Jeff Yeh
No it is not legal, but you need to make it known on the record ASAP.
Answer Applies to: California
Replied: 12/12/2011
