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Gonzalez & Waddington – Attorneys at Law

    1. Attacks focused on: Defects in capacity to observe, remember or relate;
      untruthful character; bias, partiality, interest in the outcome; prior convictions;
      prior inconsistent statements; or delay in reporting abuse or subsequent recantation.
    2. Defects in Capacity. Here the focus is on the witness’s ability to observe, remember, and relate the information.
      1. Observation. The common mode of attack is that the witness could not adequately see/hear the incident in question because of poor lighting, cross-racial identification problems, distance from the scene, etc.
      2. Recall. Because of the witness’s age, mental condition at the time of the
        incident or at the time of trial, time lapse between the incident and their
        in-court testimony, etc., the witness cannot accurately remember the
        incident.
      3. Relate. Because of the witness’s age, mental condition, lack of skill,
        etc., the witness cannot accurately relate the information.
    3. Rule 608. Untruthful Character.

Rule 608(a) and (b):

Our Lawyers Defend False Sexual Assault Allegations

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