Cross examination

Question 1

1

Answer 1

Officer McCarthy, you graduated from the police Academy, right ?

Question 2

2

Answer 2

And you were trained on how to conduct investigations, correct ?

Question 3

3

Answer 3

And on how to conduct in-field identifications ?

Question 4

4

Answer 4

Before conducting an in-field identification, you typically have the person sign an
admonishment form, correct ?

Question 5

5

Answer 5

Which explains the identification process ?

Question 6

6

Answer 6

And the obligations that are imposed on the person doing the identification ?

Question 7

7

Answer 7

You didn’t have Fallon sign an admonishment form, right ?

Question 8

8

Answer 8

Instead gave Fallon the admonishment from memory ?

Question 9

9

Answer 9

Without looking at any materials, can you recite the admonishment for us ?

Question 10

10

Answer 10

You never wrote down what you said when giving Fallon the admonishment, right ?

Question 11

11

Answer 11

You also never went back to have Fallon sign an admonishment form ?

Question 12

12

Answer 12

So after you gave the verbal admonishment, you handed Fallon the photo lineup.

Question 13

13

Answer 13

Fallon then looked at the photo lineup, correct?

Question 14

14

Answer 14

And it took him a while before he chose one of the photos?

Question 15

15

Answer 15

It wasn’t as if he looked at the photos and immediately said, “yup, here is the guy, it was him” correct?

Question 16

16

Answer 16

It took him 3 minutes before he was able to choose a photo.

Question 17

17

Answer 17

And even then, Fallon wasn’t sure that the photo he picked was the person he saw in the car on the day of the shooting, correct?

Question 18

18

Answer 18

Fallon was only 70-75% sure that he had correctly identified the shooter, right ?