I consulted on a case where one of the possible witnesses
was an individual in a highly respected line of work. This person had been
involved in criminal activity some 30 years ago, but in the years since had
made a wonderful turn-around, and was a veritable pillar of the community,
loved and respected.
The attorneys who interacted with the witness said she
was credible, quite charming, and would make an excellent witness.
With such a brilliant present, would the past matter? The
attorneys and I weren’t sure and figured the best way to find out would be to
present the witness to a focus group.
Imagine our surprise when what struck the focus group
members wasn’t the long-ago criminal activity, but the witness’s “smarmy-ness.”
They didn’t find the witness charming, they thought she was smirking. The focus
group members stated the witness wasn’t taking the present matter seriously, and
that her attitude was entirely too cavalier. They did not find her credible at
all.
With that, since the witness’s appearance at trial was not
obligatory, it was quickly decided not to have the witness take the stand. We
would never have realized the impact of this particular individual in front of
a jury had it not been for the valuable input of the focus group members.
Once again, a focus group saved the day.