Thinking about facts

    Here is the transcript of part of the trial of Louis Conchi, accused of homicide. The District Attorney is questioning an eyewitness (Mr. Flood) to the alleged murder, hoping thereby to establish Conchi’s guilt. Read the transcript carefully, and then move on to the task at the bottom of the document:   District Attorney: Mr Flood, will you tell the court precisely what you saw on the night of February 6, 1965, at approximately 11 P.M. Mr. Flood: Well, it was pretty simple. I was riding along in my car and I saw Conchi and Mr. Lewis fighting at the edge of the bridge. District Attorney: Did you take any action? Mr. Flood: I stopped my car, got out, and ran toward the two men. District Attorney: And? Mr. Flood: Well, before I reached them, this murderer pushed Mr. Lewis off the bridge. District Attorney: Did you do or say anything? Mr. Flood: Well, yes. I grabbed him by the arm and swung him around. District Attorney: Did the defendant resist? Mr. Flood: He sure did. He grabbed my arm and I knew from his face that he would throw me off the bridge, too. District Attorney: Did the defendant say anything to you? Mr. Flood: He threatened me. “If you don’t get back, there’ll be trouble,” he said. District Attorney: And did you get back? Mr. Flood: You’re darn right I did. With a crazy maniac like that--why, he’d just as soon kill two people as one. District Attorney [turning to the Defense Attorney]: Your witness, Mr. Denning.   Task: Imagine that all of you (your whole collaborative group) are Mr. Denning, the defense attorney for Mr. Conchi. Together, answer the questions below as thoughtfully and thoroughly as you are able to do: At what points in the District Attorney’s examination of Mr. Flood would you have raised objections? On what grounds would you have objected? During your cross-examination, what further questions would you ask the witness about his testimony? Why would you ask these further questions? Write out your individual answers to the questions at the bottom of the Handout. Then write out your response to these two questions: What was it like to do this activity? (That is, What happened inside you as you worked on it?) What can you take away from it?