Question
You are walking down Forbes Avenue when you hear a bank alarm go off. You look toward the sound and see a man running out
You are walking down Forbes Avenue when you hear a bank alarm go off. You look toward the sound and see a man running out of the bank with a ski mask on, a Mellon Bank cash bag in one hand, and a revolver in the other. You notice that as he runs down the block a book (Creative Retirement Planning for the Daring, by Rob N. Steele) drops out of his pocket. The man runs into a car and drives off.
Assuming that you are subpoenaed to testify at the trial of the alleged robber, is it generally considered ethical for the defense attorney to cross examine you at trial about your ability to perceive the events about which you testified, if your testimony was factually accurate as far as the attorney can determine?
a. | Yes, but only if the defense attorney has been told by his client that he (the client) was not involved in the incident. |
b. | Yes, because even if your testimony may be factually accurate, it may not be "true" in terms of your actual perceptions. The defendant, through his attorney, has the right to question your actual perceptions. |
c. | No, because by so doing the defense attorney is misleading the jury by throwing doubt upon an area about which the defense attorney knows the truth. |
d. | No, if the client has admitted "guilt" to the defense attorney. |
e. | No, because if the party did the acts of which he is accused, he or she must plead guilty. |
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