how to win trials and influence people

The New York Times, March 13, 2006:
JUDGE CALLS HALT TO PENALTY PHASE OF TERROR TRIAL

An angry federal judge delayed the sentencing trial of Zacarias Moussaoui on Monday and said she was considering ending the prosecution's bid to have him executed after the disclosure that a government lawyer had improperly coached some witnesses.

TIP SHEET FOR PROSECUTION WITNESSES
(PLEASE KEEP CONFIDENTIAL)

Use specifics whenever possible. Details help paint a story and create (or, we should hope, uphold) the image of truth. For instance, which of the two sounds more convincing to you? 1) "I seem to recall that he may have been up to something with those guys." 2) "I remember him saying, 'I plan to hijack an airplane and fly it into a building along with my co-conspirators.'" If you said the second, you're right -- note that it is filled with details, such as an actual quote, or the helpful phrase "co-conspirators" which is more specific than "those guys."

Pauses: your friend and foe. When the prosecution asks a question, please answer immediately, in order to minimize the chance of the defense attorney raising objections. Just like on the popular gameshow "Jeopardy!" it is important not to answer the question before the interlocutor has finished asking it, which might suggest a degree of rehearsal that is frowned upon. Attached is a list of questions you will be asked, so that you can "buzz in" with your answer as soon as they are done.

On the other hand, it will be helpful to pause before answering any questions from the defense. This will give the prosecution a chance to raise objections. Try this helpful mnemonic - before any answer, count "One-rutabaga, two-rutabaga, three-rutabaga..." up to 10. Some of you may have previously learned the "One-Mississippi" method of counting. We prefer that you use rutabaga, because it is an infrequently used word and you are less likely to speed through it the way you might with Mississippi, especially if you have previously played recreational football and been forced to wait on a Mississippi count before rushing the quarterback.

In this case, the quarterback is prosecutor David Novak, and his completed pass is a legal objection. You are the offensive line, and the defense attorneys are the defensive line. They are trying to "sack" the DA before he completes his objection for a touchdown. If you wish to be "doused with Gatorade" at the end of the trial, please do your best to protect the "QB."

If only we'd known. One main argument in our death-penalty case against Moussaoui is that we could have prevented the 9/11 attacks if he had told us more about them in advance. For this reason, if you can remember him having known in advance about things that hurt the country, it will help our case. Please try to recall if he had prior knowledge of any of the following events:

• Anthrax attacks via mail
• Collapse of real estate housing bubble
• Loss to Canada in World Baseball Classic
• Hurricane Katrina
• Re-election of George Bush

J'accuse. At some point, you will be asked to identify Mr. Moussaoui in court. Be careful! The defense may arrange it so that he is not the only Moroccan in the gallery that day. Do not point out the first unusual person you see, rather, make sure you are identifying the defendant. It may help to look for the person sitting next to the defense lawyer. If, by some chance, you are unable to identify him, say "I'd be glad to point him out. I could never forget that face." This will be a signal for someone at the prosecutiontable to surreptitiously point him out to you.

Hindsight is 20/20. It helps to emphasize a dramatic piece of testimony with a physical gesture. Our suggested method is to remove you glasses as you say something important, for instance, "I know we could have prevented 9/11 (remove glasses) if he had been more helpful after his arrest." Or "Although he knew of the plot in advance, Moussaoui said there was no need to increase airport security. (remove glasses) He was dead wrong." Or "He is just as responsible for the attacks as the terrorists in the planes, (remove glasses) just as guilty." Remember to wear at least three pairs of glasses to court when you testify.