Having an elderly witness break into tears during cross-examination has the potential to infuriate juries, or humanize otherwise unsympathetic witnesses, and, according to several trial lawyers, attorneys handling those witnesses should use caution.
During the Salvation Army building collapse trial last week, the 91-year-old building owner whose property toppled onto the Center City Salvation Army facility, leaving seven dead and 12 injured, broke down and cried on the stand, saying he was “brokenhearted” about the deaths and that he couldn’t proceed with the questioning.
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