Theory v. Practice, Part III.

In theory, the conventional wisdom goes that a trial attorney should never ask a "why" question of an opposing witness. In practice, it is done more frequently than you might expect. Here's an example:

"A defense attorney was cross-examining a Police officer during a felony trial - it went like this....

Q. Officer, did you see my client fleeing the scene?

A. No sir, but I subsequently observed a person matching the description of the offender running several blocks away.

Q. Officer, who provided this description?

A. The officer who responded to the scene.

Q. A fellow officer provided the description of this so-called offender... Do you trust your fellow officers?

A. Yes sir, with my life.

Q. With your life? Let me ask you this then officer, do you have a room where you change your clothes in preparation for your daily duties?

A. Yes sir, we do.

Q. And do you have a locker in that room?

A. Yes sir, I do.

Q. And do you have a lock on your locker?

A. Yes sir.

Q. Now why is it officer, if you trust your fellow officers with your life, that you find it necessary to lock your locker in a room you share with those same officers?

A. You see sir, we share the building with the entire court complex, and sometimes lawyers have been known to walk through that room."

(HT: Release The Hounds!, which in turn hat tipped Mike Nass, Philadelphia Police (ret.).)