Families of SOs Community Group
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I may need to testify at my son's hearing next week. (The victims are my grandaughters). They are my daughter's kids. The information is factual, but still it is hard. I have tried to stay away form my side, the other side, but when it comes down to this it is really difficult. So, just not sure if anyone has had to do it and how did you remain un-biased any advice you can give me. What in the hell do I say when the other side finds out I am testifying. I realize that I may be facing the consequences of them not ever speaking to me, but the informatin should be out there in order for the fury to make a decision. Any advice would be appreciated.
Just tell the truth. You really weren't a witness to the crimes alleged. You can testify to your son's character, and your grandchildren's and DIL's character. Could he have done it, or is it more possible this was revenge?
Have the attorney go over what questions they will ask you, and possible questions the prosecution may ask.
I made sure went back on my anti-anxiety pills, otherwise, I wouldn't have been able to handle it.
Just be prepared for some intense and ridiculous cross-examination by the prosecutor.
In my "crime" my son was there that night and he KNEW I had no contact with the so-called victim, as he was with me most of the night; he also knew where the victim was and he knew we were never in close proximity to each other.
When he testified in my defense, the DA tried to get him confused, but it did not work. But at the end, the prosecutor asked him if his mom was receiving child support from me for him. He said, "yes" then the prosecutor went on this long tirade of how my son was lying so I would not go to prison and his child support would continue.'
DA's, gotta love 'em. Right up there with a bucket of rattle snakes.
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Plain and simple if you get asked a noyes answer just say yes or no. The more you add or elaborate the more they can go on and possibly twist it.
You may think you are helping your son but less said is better.
Let them ask you the question and wait till they finish. By waiting after the question gives the lawyer time to object. Very important here. If you answer before atty objects your answer will always be remembered even if it gets kicked out. Take a breath and answer as simple as possible.
Concentrate and try not to flustered.
Remember you are in a difficult spot here. You are not taking sides. It is all about the truth and you can walk away from this knowing you did your best.
You do not have a choice to testify or not once you are supoened.
I wish you the best. Have faith. Please keep us updated.
Ps. Do not take my advice as legal advice. Just saying what i see and have experienced.
His attorney will put you on the stand on direct examination to ask you some questions. He and you will go over these questions, so that he will know the answer before he asks them. A good criminal defense attorney does not ask questions unless he knows the answer before hand.
Stay on the subject and keep your answers as short as possible.
On cross-examination, the prosecutor cannot usually bring up any subject that the defense attorney did not bring up on direct examination. For example, if your son had filed bankruptcy a few years ago, the prosecutor can not bring up the bankruptcy unless it is brought up in direct examination.
I know the bankruptcy is a stupid example, but it is just an example.
Using the bankruptcy example, if, when you are answering questions from your son's defense attorney, you stray from the scope of his questions and start babbling and you mention the bankruptcy, then the subject of the bankruptcy is fair game for the prosecutor to ask questions on cross-examination.
Doing this is called "opening the door" and it is not good. So that is the biggest reason you want to keep your answers short and not stray from the subject your son's defense attorney addressed.
It is nice to look at the jury several times during your questioning. Try not to be too nervous and criss cross your legs constantly. That shows nervousness. Wear conservative clothing and look nice. Many jurors are still conservative folk, so the halter tops and mini skirts are out. ha ha Had to get that in there.
When I testified in a pre-trial hearing once, I was chewing gum as I did not know any better. My attorney told me to lose the gum. Kinda funny now that I think about it.
Good luck and you will do fine.
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PS Just remember, the DA will not ask you any questions about any subject unless it was mentioned on direct examination by your son's attorney, so stay on the subject of the questions.
Also here is some more advice that might make you less nervous and more confident.
By now, both the prosecution and the defense has a pretty good idea what evidence each side will use, who will testify, and the general scope of their testimony.
You don't have to worry about the DA suddenly coming up with a "surprise witness" or questions you know nothing about. With the discovery process and the fact that most states exchange a witness list, you will not have to worry about surprises.
The "Matlock moment" where one side brings in a surprise witness to break the case wide open only happens on TV and in the movies.
Good luck,
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It is hell to have your son charged with crimes against your daughter's children- a no win situation for you. Your son needs all the support you can give him, regardless of what he did- he is a good person and you love him just as much as you love your daughter and your grandchildren.