Mastering Cross-Examination: How to Control Difficult Witnesses with Precision
In the courtroom, cross-examination is where a defense lawyer’s skill truly shines. One of the biggest challenges attorneys face is managing difficult witnesses who attempt to evade questions or ramble off-topic. Military defense lawyer Michael Waddington shares invaluable insights on an effective technique to regain control and keep witnesses focused, ensuring the truth comes to light.
Why Controlling Difficult Witnesses Matters
Witnesses who avoid answering questions can derail the flow of a trial, confuse jurors, and weaken a lawyer’s case. When a witness goes off on tangents or refuses to give direct answers, it can frustrate the court and shift attention away from key facts. The ability to calmly and strategically rein in a witness not only enhances the credibility of the defense but also improves the efficiency and effectiveness of cross-examination.
Technique #6: Bringing the Spotlight Back to the Witness
Michael Waddington’s Kick-Ass Cross Exam Technique #6 involves a simple but powerful tactic: explicitly asking the witness to focus on and answer the original question. This method is especially useful when a witness is “not even in the ballpark” of responding appropriately and instead starts blabbing or evading.
For example, if an investigator asks a witness about permission to search their phone for messages relevant to the case, the witness might respond with a long explanation about privacy rights or work necessities rather than a straightforward answer. At this moment, the attorney intervenes:
“Did you hear the question that I asked you?”
“Yes.”
“What was the question?”
“I don’t remember.”
“My question was, you refused to let the investigator see the messages between you and the defendant. What is your answer to that question?”
This technique forces the witness to confront the exact question posed and respond succinctly, cutting through evasive or irrelevant chatter. It puts the witness under gentle but firm pressure to give a clear answer, which benefits the defense by clarifying facts and diminishing the witness’s ability to obfuscate.
Analyzing the Technique
What makes this approach effective? First, it re-establishes control over the cross-examination by redirecting the witness’s attention back to the question. Second, it highlights to the judge and jury that the witness may be intentionally avoiding a direct answer. Third, it conveys confidence and command from the attorney, reinforcing their role as the questioner and fact-finder.
Additionally, when the witness responds with phrases like “I don’t remember” or “I don’t know,” the attorney’s follow-up reiterates the question and insists on an answer. This can expose inconsistencies or admissions that might otherwise be missed if the witness simply rambles without challenge.
Context: The Importance in Military and Civilian Cases
Michael Waddington and partner Alexandra Waddington are renowned for defending serious criminal cases in Florida State Court, Federal Court, and military courts worldwide, including complex military sexual assault and false accusation cases. In these high-stakes environments, controlling difficult witnesses is even more critical, as the outcomes profoundly affect the lives and careers of service members.
The principles outlined here are applicable beyond military law. In any courtroom, lawyers face witnesses who may try to evade or confuse through lengthy, irrelevant answers. Mastering this cross-examination technique can dramatically improve a lawyer’s ability to present a clear and persuasive case.
Additional Tips for Controlling Difficult Witnesses
- Stay calm and composed: Maintaining a professional demeanor prevents the witness from gaining psychological advantage.
- Use short, simple questions: Complex questions can be exploited by evasive witnesses.
- Repeat or rephrase questions: If a witness dodges, calmly restate the question to keep them on track.
- Leverage non-verbal cues: Body language such as maintaining eye contact and a firm tone can reinforce control.
- Document evasions for the record: Persistent refusal to answer can be highlighted during closing arguments.
Conclusion
Controlling difficult witnesses during cross-examination is a vital skill for any defense attorney. By employing Michael Waddington’s technique of explicitly refocusing the witness on the original question, lawyers can prevent evasions and secure clear, concise answers. This not only strengthens the defense but also contributes to a fairer and more transparent judicial process.
Whether defending military personnel or civilians, mastering this approach equips attorneys to handle challenging testimony with confidence and precision.
If you or a loved one face serious accusations, especially within military contexts, consider consulting experienced defense lawyers who understand the nuances of cross-examination and military law. Expert representation can make all the difference.
Watch Michael Waddington’s full video on controlling difficult witnesses here.