LTC JACOB S. GUNTER LECTURED ON CROSS-EXAMINATION IN SUN VALLEY, IDAHO TO ARMY NATION GUARD JAGS

 

Army JAG Expert Lieutenant Colonel Jacob S. Gunter Delivers Advanced Lecture on Cross-Examination Techniques


In May 2024, Army JAG Lieutenant Colonel Jacob S. Gunter, a recognized authority in courtroom advocacy and defense, shared his expertise in cross-examination with attorneys from the Army’s Trial Defense Services (TDS) during a week-long conference in Sun Valley, Idaho. This annual conference, drawing military public defenders from across the West Region, covered essential topics for trial attorneys, including cross-examination, direct examination, and courtroom tact.

Highlights from Lieutenant Colonel Gunter’s Cross-Examination Training

Lieutenant Colonel Gunter has over 20 years of courtroom experience, making him a highly respected figure in military and civilian legal circles alike. His lecture focused on strategic cross-examination, an art that, when practiced skillfully, can shape the entire outcome of a case. The goal? To uncover the truth by effectively questioning witnesses and exposing inconsistencies in their testimonies.

Here are some tips and tricks that Gunter shared, along with additional insights into effective cross-examination techniques:


1. Start with Strong Preparation

Preparation is crucial to a successful cross-examination. Lieutenant Colonel Gunter emphasized the importance of knowing the witness as well as the case itself. Preparation allows attorneys to:

  • Predict the Witness’s Answers: Anticipating responses helps attorneys remain calm, poised, and persuasive in court.
  • Identify Contradictions and Weak Points: Reviewing prior statements and evidence in advance allows attorneys to target inconsistencies and gaps in the witness’s story.

Tip: Create a witness profile, detailing their known behaviors, past statements, and possible biases. This insight prepares you for more effective questioning.


2. Control the Narrative with Yes-or-No Questions

A classic tactic in cross-examination, controlling the narrative involves asking closed-ended, yes-or-no questions that lead the witness to agree with the attorney’s version of events. This approach leaves little room for explanations or justifications, helping to highlight inconsistencies or contradictions in the witness’s testimony.

Trick: If a witness tries to offer a long-winded explanation, firmly but politely repeat the question. Staying focused on yes-or-no answers can help prevent a witness from sidestepping your line of questioning.


3. Build Momentum with Strategic Sequencing

Lieutenant Colonel Gunter taught the importance of sequencing questions for maximum impact. A skillfully structured cross-examination can reveal inconsistencies in a witness’s story by slowly escalating to the core issue. Building a sequence allows the cross-examiner to:

  • Lead the Witness in Small Steps: Gradually drawing the witness closer to the key point without revealing the attorney’s full intentions.
  • Minimize Risk of Objection: Sequencing helps attorneys avoid vague or compound questions that can lead to objections.

Interesting Fact: Studies on jury perception show that jurors are more likely to remember points made in the middle of questioning. With that in mind, structuring your strongest points around the midpoint of cross-examination can create lasting impact.


4. Avoid Aggression—Use Tactical Silence and Pauses

While TV dramas often depict cross-examiners as combative, Lieutenant Colonel Gunter advised against aggressive tactics. Instead, he promoted strategic pauses and silence. A well-timed pause after a witness answers a tough question can create tension, leading to further clarification or even causing the witness to reveal more than intended.

Trick: Use silence as a tool. Letting a witness’s statement linger often encourages them to elaborate or correct themselves, providing valuable additional insights.


5. Never Ask “Why” Questions on Cross-Examination

Asking “why” opens the door for the witness to provide explanations that can justify their behavior, potentially weakening the cross-examiner’s argument. Lieutenant Colonel Gunter warned that “why” questions often give witnesses too much room to present themselves in a favorable light.

Alternative Approach: Instead of asking “why,” structure questions that reinforce your case narrative and steer clear of subjective explanations.


6. Emphasize Key Points with Repetition

Lieutenant Colonel Gunter underscored the importance of repeating key points to ensure jurors remember them. Repetition during cross-examination can be powerful, especially if the witness’s responses support the cross-examiner’s case. By revisiting important facts, an attorney subtly reinforces those points in the minds of jurors.

Tip: Focus on repeating crucial admissions made by the witness. Each time you revisit the point, emphasize it without directly stating its importance, allowing jurors to draw their own conclusions.


7. Leverage the Power of Direct Examination Insights

Cross-examination is more effective when paired with insights gained during direct examination. Lieutenant Colonel Gunter explained that understanding the nuances of direct examination—where witnesses often present favorable testimony—is crucial. This knowledge allows the cross-examiner to prepare questions that subtly undermine the witness’s initial statements.

Interesting Fact: Research indicates that jurors pay close attention to any apparent contradictions between direct and cross-examinations. This can heavily influence their view of the witness’s credibility.


The Art of Tact in Court

Another significant theme of Gunter’s lecture was tact and professionalism in the courtroom. Cross-examiners must always balance assertiveness with respect. Gunter’s advice to the attending attorneys focused on maintaining a composed demeanor and using respectful language, even in tense situations. This tactic ensures the attorney appears trustworthy and fair to both the jury and the judge, enhancing their credibility.


How Cross-Examination Techniques Strengthen Army Trial Defense Services

The ability to conduct a skillful cross-examination is vital for Trial Defense Services attorneys, who represent service members facing military charges. For these attorneys, Lieutenant Colonel Gunter’s insights provide a critical framework for effective defense. The tactics covered in his training allow TDS attorneys to better support their clients, counteract opposing witnesses, and uphold the integrity of military justice.


Lieutenant Colonel Gunter’s Legacy in Cross-Examination Training

With decades of experience in both military and civilian courtrooms, Lieutenant Colonel Jacob S. Gunter is not only an expert in cross-examination but also a mentor to emerging trial attorneys. His guidance equips public defenders with the tools they need to represent their clients confidently and professionally. As a partner at Howard Lewis & Petersen, PC, Gunter continues to demonstrate his dedication to exceptional trial law, a commitment he shares with those he trains.

For attorneys and legal professionals interested in mastering cross-examination techniques, learning from Lieutenant Colonel Gunter’s proven methods can be a transformative experience.

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