Osler's Razor

We're about to begin working on direct and cross-examination exercises in Baylor's Practice Court program. These are always quite an adventure, and somewhat painful for all involved. Here's one tip:

While it is important to "warm up" a lay witness on direct examination with friendly questions on his background, be careful not to overdo it. A few terms ago, a very talented student was in the role of a criminal defense attorney defending a particularly heinous sex offender/murderer. Her direct examination of him began this way:

Attorney: [Flicking back her hair] You and I have gotten to know each other already, but I'd like to...[purring voice] share some facts about you with the jury.

Sex offender/murderer: Uh, ok, sure.

Attorney: [Lowering head and offering a steamy come-hither look] Well, I know what I find most interesting about you... what do you think we should tell them?

Sex offender/murderer: I'm 28 years old. I'm living over at the jail.

Attorney: [Coming from behind podium and approaching witness while throwing back her hair]: Really? What is that like?

Sex offender/murderer: Uh, not so good? Bad?

Attorney: [Reaching out seductively to touch the front of the witness box]...

Me: Stop! Stop!

Attorney: What? Was that ok?

Me: What are you doing?! Are you going to start making out with him?

Attorney: Well, you said to try to warm him up...

She had a point, as I had neglected to suggest reasonable limits. It was the highest level of interest I have ever seen in a jury though-- they were begging me to let her continue that line of examination.