Northampton, MA

Amherst, MA: 413-549-0022

Scully’s Day (Not Guilty Of OUI Second Offense)

Posted on : April 23, 2016, By:  Tom Kokonowski, Esq.

Just because the Commonwealth has a bunch of witnesses to call to testify against you at trial, does not mean their case is stronger.  In fact, it can make their case weaker, if the witnesses are cross examined properly.

Last week, we had a jury trial on a second offense OUI charge in which the Commonwealth called 2 civilian witnesses as well as the arresting officer.  The civilians testified about their supposed observations of an accident and their interactions with my client.  The officer called himself an “expert” in the field of OUI detection and “drug recognition” and also testified about his observations and interactions of/with my client.

The problems for the Commonwealth’s case began when, upon cross examination, by me, civilian #1’s story went one way….civilian #2’s story went completely in the opposite direction from civilian #1’s story and the police officer found a 3rd place to go that was not consistent with either civilian.  In my closing argument I ponted this out to the jury by describing each of the witnesses as “being on 3 completely different planets” when they supposedly witnessed this incident.  Kudos to the prosecutor who countered in his closing argument with, “Attorney Kokonowski wants you to think this is an episode of X Files or something…”

Touche, Mulder

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