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But the judge, John E. Sprizzo of United States District Court in Manhattan, concluded that the police had simply reached into the pack without cause, found the gun, then "tailored" testimony to justify the illegal search.
Although the government usually provides the defense with summaries of its conversations with witnesses, it is loath to share verbatim accounts because the fine details of those dealings can allow defense lawyers, as these transcripts have, to suggest that a witness has tailored testimony to win favorable treatment.
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Lawyers for the former Tyco International executives L. Dennis Kozlowski and Mark H. Swartz sought to discredit a crucial prosecution witness yesterday, suggesting he tailored his testimony to avoid lawsuits and criminal prosecution.
A16 Ruling on Defendant Testimony The Supreme Court ruled, 7 to 2, that prosecutors can try to undermine a defendant's credibility by warning a jury that the defendant may have tailored his testimony to match that of previous witnesses.
The Supreme Court ruled today that prosecutors may try to undermine a defendant's credibility by warning the jury that the defendant might have tailored his testimony to match that of witnesses who took the stand first.
Mr. Morse said that psychiatrists testifying as expert witnesses for the state "will learn to tailor their testimony" to show that the defendant "really can't control his behavior".
Mr. Granger, who was once a federal prosecutor himself, went on to accuse the Federal Bureau of Investigation and the United States attorney's office of tailoring the testimony of their witnesses to fit their theory of the case -- that Mr. Volpe alone led Mr. Louima to the holding cell moments after the attack.
He added that "allowing comment upon the fact that a defendant's presence in the courtroom provides him a unique opportunity to tailor his testimony" might sometimes be "essential to the central function of the trial, which is to discover the truth".
The contrast is with experts whose findings flow from existing research [who thus] are less likely to have been biased toward a particular conclusion by the promise of remuneration; when an expert prepares reports and findings before being hired as a witness, that record will limit the degree to which he can tailor his testimony to serve a party's interests.
He also will not tailor his court testimony to suit the needs of the side that hired him.
Only a few moments into his testimony, General Powell, dressed in a sharply tailored suit that could adorn any top corporate executive, was talking about e-mail, the speed of communication and his transforming experience as a director of America Online.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com