Last time, we went over the steps of an impeachment by omission. Below is an example of how such an impeachment would go.
Attorney: “You didn’t see the murder, did you?”
Witness: “No, I did see the murder.”
Attorney: “Is it your testimony today that you saw the murder?”
Witness: “Yes, it is, I saw the whole thing.”
Attorney: “You gave a statement prior to today’s case, didn’t you?”
Witness: “Yes, I did.”
Attorney: “You knew it was important to tell the truth in that statement, didn’t you?”
Witness: “Yes, I did.”
Attorney: “In fact, you were under oath when you made it, weren’t you?”
Witness: “I was.”
Attorney: “You had every opportunity to revise that statement up until trial today, didn’t you?”
Witness: “I did.”
Attorney: “And you knew to include everything relevant in your statement, didn’t you?”
Witness: “Yes, I did.”
Attorney: “And you did include everything relevant, didn’t you?”
Witness: “Yes, I did.”
Attorney: “Your Honor, may I approach opposing counsel?” [judge nods] “I’m now showing opposing counsel the witness’s affidavit; I will be referring to the document in its entirety. [approaches opposing counsel] May I approach the witness?” [judge nods] “I am now handing the witness that same document.” [approaches the witness and hands them the document; returns to original location in the well].
Attorney: “This is that statement we were just discussing, isn’t it?”
Witness: “Yes, it is.”
Attorney: “It’s a true and accurate copy of that statement, isn’t it?”
Witness: “Yes, it is.”
Attorney: “It’s your signature on the last page, isn’t it?”
Witness: “Yes, it is.”
Attorney: “Please tell us where in your statement you say you saw the murder.” [witness looks for awhile; attorney waits patiently].
Witness: “It wasn’t really important enough to include.”
Attorney: “So it’s not in there, is it?”
Witness: “It’s not.”
Attorney: “Your Honor, may I approach the witness to retrieve the document?” [Judge nods; attorney approaches and retrieves the affidavit. The attorney then returns to their original position and resumes the questioning, on the question after the one they impeached over].
