Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?
This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify that it was told to her by the defendant. She was a prolific liar and would stumble horribly on the stand. During one occasion, this witness was drowning and she looked at the detective. He slowly lifted a colored pen, as if he was admiring it, and put it down. The witness provided a rehearsed statement. This happened at least two more times, with the detective finding one of his different colored pens worthy of elevation and observation.
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