Hey Prosecutor, How About Objecting?!

Once again, you wonderful principled, beyond reproach lawyers, know better than anyone else the true meaning of justice and how did get it for everybody, with the exception of the poor little cop, whom is nothing more than the little cog in your own little ambitious, self-serving and egotistical machine.

Again, the Cops' career means nothing to you...I can not recall the number of times that some pathetic "POS" Public Pretender has accused me of being a liar, racist, bully..etc., etc.,...The difference between you and I is that after you let "her"(Public Offender) take enough cheap shots and you do not at any point make any objections to foundation, relevance or any of a myriad of objections (you figure it out your the hotshot lawyer), you put my career in peril.

At least I understand the PD's motivation she/he is selfishly serving the needs of his/her clients. All the PD has to do is make the mere suggestion of wrongdoing on the Officers part to create doubt in the prospective juror's mind. And when I'm being taken apart on cross by some affirmative action, lackluster dolt, whom may have taken the BAR a dozen time for all I know, I have you, you arrogant ass, telling me that I should not even make eye contact with you...Oh, I forgot, that PD, whom is defending that serial "Kiddy" rapist is going to be having cocktails with you about 5:00 PM for "Happy Hour". And when you become burned out on the prosecutors job, meaning you can't squeeze another drop out of it and you find you have no talent to promote or be elected to a higher office, I might find you as the next in a long line of scumbag Public Pretenders kicking my ass up over my head on cross. And the dutiful new Prosecutor/Assistant District Attorney, IE., new Felony Prelim., burn out. arrogantly avoiding my glance as the next Public Pretender tries to portray me as a knuckle dragging, racist, sexist bully, who has just beat another one of her clients under the "Color of Authority" while he/she was on the way to or from church.

While we're on the case; How many of you Cops have come in on your day off, neglecting something you or your family had planned, under judges orders, only to find you sat there all day and the case was put over for another day. And after you approached the DA, he/she said, "Your getting paid aren't you". They hold you in such esteem, you may almost be on the same par as the guy who vacuums the rugs or dumps the trash.

Back to our esteemed colleagues, I've had these "Dirt Bags" look at me with those "Doe eyes" trying to get me to say something or recall some fact that I have no idea about, knowing if for some reason I am found lying on the stand my career is instantly over. As a rookie I was conflicted, not anymore, if I lose the case because the Prosecutor was too lazy to talk with me about what questions "She" planned to ask me on the stand, oh well, "She'll just have to twist in the wind". And, having read this article from our esteemed compatriot, I'll know not to make eye contact or to make any gestures to her as she twist.

Nice job John Gibbs. After 20 years as a Law-Enforcement Officer I can say I am very disappointed in what we call a Criminal Justice System. It is truly a system for the Criminal. They are treated like poor little inocent victims of the mean police officer. It is not about the truth of "did the defendant break the law", it's about did the Officer follow procedure, is the Officer bias, a racist or anything else the Criminal defense attorney can think up. Criminal defense attorney fits some of these attorneys since they can be criminals and still have a job in the court system unlike a police officer who can not! The court system is a game to these attorneys, who can win at any cost (forget the truth), who can manipulate the system to win the case. It doesn't matter if the client is guilty, the attorney won't ask, they are only going to attack the police officer to get the client off.

Sometimes I wonder how we manage to keep the whole system running. But one thing I do know. Given the cute tactics of defense attorney's, and, the sometimes lack of vigorous prosecution effort by either the local DA's or US Attorney's, it is more important than ever to do your pre-trial prep. Pre trial prep will save you on the stand everytime. If the prosecutor isn't prepared for court then it is your responsibility to give them a 'shot in the chops' to get them ready. This also includes setting the tone with the defense counsel.

I've had defense counsel's call me, at home, trying to get any type of statement out of me that they could use later to impeach me on the stand. All I had to do was tell them ' Counselor, present me w/ a Jenks or Brady motion on file with the court and I will be happy to answer your questions". The minute you grab the defense by their 'court hairs' you immediately have the advantage later in court. You also need to immediately alert the prosecutor and file an ammended report to the charge sheet reflecting the defense's actions. By doing so you are going to force the defense to stick to the issues on trial, namely what their client did and why they are in court. It also gives the prosecutor an added edge when it comes to playing the plea bargin game. If the defense gets a 'rep' for trying to circumvent the process and using clearly questionable, if not outright illegal tactics, the prosecutor, not to mention the judge, is going to get a VERY SERIOUS CASE OF THE TOO-TOO's with the defense counsel and start holding them to a very tight standard when it come to scope of cross-examination, admitting of defense evidence or impeachment of witness's.

It also helps in that when the defense counsel tries to limit your responses to the old 'hostile witness' tactic that you answer with the preface "With qualification your Honor, XXX XXX etc". By doing so you change the thrust of the questioning from the defense to the Judge, who now has to allow you to answer fully as opposed to a straightjacketed yes or no. Either that or the Judge just as much as admited to the jury that they are going to throw the trial to the defense. And the minute you use the 'qualification' tactic you are also doing a couple of other things as well.

First, you are publicly slapping the crap out of the defense in front of the jury. And juries are not stupid. Maybe un-educated (which we can fix) but not dumb. Juries are going to ask "What is the reason for this to be happening?" You get a jury thinking "Why ?" and they automatically start looking at the evidence and testimony from your perspective. Your case is now more than 3/4 of the way to a conviction.

Second, by going the 'qualification' route you set the stage for other information or material, not necessarily evidence, to be entered into the record that might not make it any other way. Qualifiaction provides a wide opening to admit 'evidence' in and link it as you saw it, as it developed or as it was recieved. Connection (nexus) is a big part of any case. You have to make sure you can do all you can to get it all in and support your case. Make sure that the prosecutor is in 'synch' with you on this. If the defense opens the door for something to be entered in, that you are having trouble getting in, both of you grab the opportunity and run like a thief with it. The defense can't later object to evidence entered in due to thier own line of questioning bringing it into admissibility. Look at this way: is a defense counsel really going to try to impeach their own line of questioning or client ? They might as well admit their clinet did it.

Third, by using the 'qualification' tactic you provide the prosecutor with ample opportunity to object if the defense tries to reduce the effectiveness of the testimony or evidence by narrowing it's appliction. You also provide the judge the opportunity to rule on the admissibility of the testimony offered. Even if it goes against you, the jury heard it. You can't un-ring the bell !!

Now you cops know how poor people and labor unions feel when you have government lawyers always siding with corporations and rich people. Of course, you guys never do a thing a crooked judges and DAs because many of you look the other way or help those guys careers by submitting phoney evidence or withheld evidence that could have free an innocent person.

When I first started police work, the seasoned Detectives and Patrol guys used to tell me, "Today's prosecutor is tomorrow's defense attorney." I thought they were a bunch of cynical burnouts. Today, I realize that they are right. John Gibbs is absolutely correct here. I have personally seen and experienced everything he is talking about. The notion that D.A.'s are out for justice is f$#%*&g laughable! They're out for stats! They're out for reelection! If some justice happens to occur while the machine grinds on, then so much the better. I have watched as incompetent D.A.'s bungle cases and bad guys walk free. I have seen D.A.'s plead or drop cases because it was just too much work. I have seen D.A.'s go into court completely unprepared and literally try to argue the wrong case. I have also seen D.A.'s prepared to destroy a police officer's career just to win a minor victory. They have almost no regard for our careers, well-being, safety, or futures. I have also seen them at the local watering hole, drinking with the defense attorneys they were supposedly locked in mortal combat with only a few hours earlier. The entire criminal justice system is just a cheap circu act. Attorneys are as loyal to each other and their profession as the cop-haters claim we are to each other. Thin blue line? Yeah right. More like the brotherhood of the bar. Watch what happens when lawyers and judges actually get accused of criminal wrongdoing: Very little, that's what. After 13 years as a police officer, I have lost faith in the justice system. I have lost my faith in all lawyers. I wish it weren't so but there's just too much evidence to support my loss of faith.