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Can You Identify Him? Hint...He's Sitting Next to the Defense Lawyer.

As a criminal defense lawyer, I get extremely frustrated when the prosecutor asks the witness on the stand, "Are you able to identify the person who did this? Please do so." Miraculously, the witness points to who....the person sitting in the only place the defendant is supposed, at the table next to his lawyer. Talk about having the deck of cards stacked against you.

Recently, a Kansas City criminal defense attorney tried to trick the court. This didn't turn out very well. Read the article here.

Interestingly, about a year ago, I was able to get by with some courtroom drama which led to the witness not being able to correctly identify one of the defendants! However, I was able to do it in a way that did not violate any duty of candor to the court.

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