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@jayruane Jay Ruane

Connecticut Trial Lawyer Association 2013 Criminal Litigation

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Page 1: Connecticut Trial Lawyer Association  2013 Criminal Litigation

@jayruane

Jay Ruane

Page 2: Connecticut Trial Lawyer Association  2013 Criminal Litigation

Soup Course

Page 3: Connecticut Trial Lawyer Association  2013 Criminal Litigation

Waterfall

Peaceful

Green

Tall

Rocky

RomanticHiddenHumidLoud

CoolSerene

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HELPS EXPLAIN IT TO CLIENT IN OFFICE

HELPS VISUALIZE MISSING PIECES FOR DEFENSE FOR YOU

HELPS IDENTIFY TRIAL DEFENSE THEMES

EVERY JUROR CAN REMEMBER IT

BLANK SECTIONS CREATE MORE DOUBT

Why Use It?

Page 16: Connecticut Trial Lawyer Association  2013 Criminal Litigation

Entree

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Operation

Observations

Field sobriety

Breath/ Blood test

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Minimizing / neutralizing operation through the Stopping Sequence

Minimizing / neutralizing observations through the ambiguity / exaggeration of the ubiquitous observations

Neutralize / blow away field tests through the amount of “normal” coordination present

Neutralize / confuse blood or breath tests through the amount of “normal” coordination present

Page 19: Connecticut Trial Lawyer Association  2013 Criminal Litigation

• Condition of the roadway and the breakdown lane

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• Walking up to cruiser

• Not slumped

• Not leaning

• Head straight up

• Brake lights off (vehicle in park)

Page 23: Connecticut Trial Lawyer Association  2013 Criminal Litigation

Initial Contact

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• No hand on car… not unsteady

• The most natural thing we do is protect ourselves

• If the client was unsteady to any obvious degree they would have used either the vehicle or the officer for support

Page 33: Connecticut Trial Lawyer Association  2013 Criminal Litigation

• As you are standing at the back of the car, just prior to the start of the FST’s, did you believe Mr. Jones was under the influence?

• If the answer is no, you have limited the case to an evaluation of the field sobriety tests.

Page 34: Connecticut Trial Lawyer Association  2013 Criminal Litigation

• Officer, you would agree with me that standing on one leg and walking heel is not normal behavior?

• You don’t see people walking heel to toe between the Gap and the Limited at the mall?

• You haven’t seen anyone standing on one leg waiting for a bus, have you?

• Did you give him a practice run?

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Odor Of Alcohol

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Officer Jones Supplemental Report

Of!cer Jones

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dessert

Dessert

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FOCUSED ATTENTION

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SUSTAINED ATTENTION

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83% logging

more than 10x per day

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Serial Position

Effect

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Taking A Break

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“Move Along, Counselor!”

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storyboard your breaks

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The Nuts

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@jayruane

Jay Ruane

Page 64: Connecticut Trial Lawyer Association  2013 Criminal Litigation