Cross Examination of an Expert – Frontal Attack

//Cross Examination of an Expert – Frontal Attack

Cross Examination of an Expert – Frontal Attack

My name is Steve Babitsky, the president of SEAK, and I’m here with my partner Jim Mangraviti and we’re going to be demonstrating a frontal attack on an expert witness. Expert witnessing is not for the faint of heart and those people who become expert witnesses have to be ready to be attacked head on in a frontal assault by counsel and we’re going to demonstrate this in a little demonstration.

Steve Babitsky: Sir, how much did they have to pay you today to come here to testify to let this serial rapist out of prison?

Jim Mangraviti: You’re asking me how much I’m being paid?

Steve Babitsky: How much did they have to pay you to come here today to testify to let this serial rapist out of prison? Do you understand the question?

Jim Mangraviti: I think you’re asking me how much I’m being paid and it’s $400 an hour.

Steve Babitsky: He’s a serial rapist, right?

Jim Mangraviti: He was convicted of rape twice. No, he’s not a serial rapist because that would be three times. He’s only been convicted twice.

Steve Babitsky: Oh, so under California law in order to be a serial rapist you have to rape three people, and so far he’s only raped two people. Is that right? So, the next time when he rapes the third person, then he will be a serial rapist right?

Jim Mangraviti: Well, you’re assuming he would rape a third person…

Steve Babitsky: When he’s released, if he’s released, right?

Jim Mangraviti: Well, my opinion is he won’t.

Steve Babitsky: Now, you stated in your $7,500 report that he’s at low risk for recidivism, is that right?

Jim Mangraviti: That’s correct.

Steve Babitsky: Okay, and what are the chances that he’s going to rape again if you’re successful and you get him out of prison today?

Jim Mangraviti: Well, it’s low, that’s what we just said.

Steve Babitsky: Is it 5% sir?

Jim Mangraviti: Well, it’s low.

Steve Babitsky: Well, is it 10% sir?

Jim Mangraviti: It’s low.

Steve Babitsky: Well, can you testify with predictability as to the chances he’s going to rape the third person so he qualified as a serial rapist?

Jim Mangraviti: Yes I can.

Steve Babitsky: Is it 50% sir?

Jim Mangraviti: It’s low.

Steve Babitsky: Well, so, it’s somewhere between 5% and 50%?

Jim Mangraviti: I didn’t say that. It’s low.

Steve Babitsky: Do you know what the percentage chance of him being released from prison and raping the next person is? Just yes or now. Do you know what it is?

Jim Mangraviti: Mathematically, no.

Steve Babitsky: So, you can’t tell me if it’s 5%, right?

Jim Mangraviti: I can just tell you that it’s low.

Steve Babitsky: You can’t tell me if it’s 5%? Do you follow this? This is simple numbers, 5%; you know what 5% means right?

Jim Mangraviti: It could be 1%, I can’t tell you…

Steve Babitsky: Oh, it could be 1%, it could be 5%, right?

Jim Mangraviti: I can’t tell you.

Steve Babitsky: Could it be 5%?

Jim Mangraviti: I can’t tell you that.

Steve Babitsky: Could it be 10%?

Jim Mangraviti: I can’t tell you that.

Steve Babitsky: So, what you’re saying is you don’t know the chances of him being released from prison and raping another person?

Jim Mangraviti: Well, they’re low.

Steve Babitsky: You don’t know what the chances are, right?

Jim Mangraviti: They’re low.

Steve Babitsky: You, by the way, volunteer to work in prison with sexual offenders correct?

Jim Mangraviti: Yes, I do that willingly, yes.

Steve Babitsky: You do that so you troll in the prisons to find sexual predators so then you could get hired for $7,500 and come to court today and try to get them released into the public so they may have to go and rape another person so then you can say now he’s a serial rapist. Is that what your testimony is today?

Jim Mangraviti: No.

Steve Babitsky: Let me ask you this sir, would your wife be happy if you’re successful today and, for your $7,500 you convince them to release the sexual predator and he moved in across the street from you?

Jim Mangraviti: You’d have to ask her.

Steve Babitsky: You wouldn’t care that a sexual predator moved in across the street from you, sir?

Jim Mangraviti: That’s not what you asked me…

Steve Babitsky: Would you be happy, sir, if he moved in across the street from you?

Jim Mangraviti: He’s not a sexual predator, he’d have to do it three times for that.

Steve Babitsky: Oh, well, he’s a predator. He raped two people, so he’s not a serial offender.

Jim Mangraviti: Well, I wouldn’t label him as a…

Steve Babitsky: Well, whether he’s a serial offender, or a serial rapist, or he’s a sexual predator, he’s raped two people. You’re here today for your 7,500 bucks to release him into the public and when I asked you if you would be concerned if he moved in next to your wife you said “I would have to ask her?” Is that your testimony here today sir?

Jim Mangraviti: That’s not what you asked me. You asked me if she would be concerned…

Steve Babitsky: Are you concerned about your wife living across the street from a sexual predator? When you go to work he’s there with your wife. Are you concerned about that?

Jim Mangraviti: No, because he’s a low risk, which I just testified to.

Steve Babitsky: So he’s only 5% risk of raping someone on your street or somebody in your family. If that what it is sir?

Jim Mangraviti: No.

Steve Babitsky: Let me ask you this sir, what’s the only way that the state of California can guarantee that this gentleman doesn’t rape anyone else?

Jim Mangraviti: Well, they could execute him but I’ sure you’re not recommending that.

Steve Babitsky: Can you think of any other way where they can assure that he’s not released and can’t rape anyone else in the public?

Jim Mangraviti: Well, by not releasing him you would not release him.

Steve Babitsky: So, the only way you could assure the people of the state of California that this sexual predator, this rapist, doesn’t rape anybody else is by keeping him in prison sir. Is that correct?

Jim Mangraviti: Well, it’s the same with anybody. If we threw you in prison we could ensure that would never commit another crime outside of prison. I mean, it’s the same with everyone.

Steve Babitsky: So, you think this is funny sir?

Jim Mangraviti: I don’t think it’s funny.

Steve Babitsky: Let me ask you this sir, would you have this person babysit your children? Just yes or no, sir. Do you have to ask them or can you answer this by yourself?

Jim Mangraviti: My children don’t need babysitting.

Steve Babitsky: Would you want this person baby-sitting anybody’s children? Can you answer that honestly sir, or does your $7,500 not cover that?

Jim Mangraviti: This person is not a pedophile.

Steve Babitsky: Oh, he only rapes people over 18?

Jim Mangraviti: He had relations…

Steve Babitsky: Thank you very much sir, we don’t need to hear anything else from you. Thank you very much sir. Okay, Jim Mangraviti has been very gracious making this awkward position in this demonstration. As you can see, depending upon the positions that you take as an expert witness you may have to, or you will have to, defend them. So, what can SEAK do to help you with this type of work? As we’ve mentioned before we have several products and services that we can help you with.

Number one, we have cross-examination seminars throughout the United States to help you get used to these kind of frontal attacks. We have books on cross-examination and testifying, which can help you as well. We also have a one-on-one service, so if you know you’re going to be facing a serious frontal attack, Jim and I both work with expert witnesses to prepare them for serious depositions and serious trials, and so if you have a situation like this you can go to our website testifyingtraining.com. We are SEAK, the expert witness training company and we can help you become a better expert witness.

By |2018-10-31T14:25:03+00:00September 8th, 2014|Blog|Comments Off on Cross Examination of an Expert – Frontal Attack

About the Author:

Alex Babitsky, MBA as a Partner of SEAK, Inc., (The Expert Witness Training Company) I deal with expert witnesses and the attorneys, insurance companies and paralegals who retain them on a daily basis. I manage SEAK’s Directories, which include: SEAK Expert Witness Directory: www.SeakExperts.com SEAK Medical File Review Consultants Directory: www.FileReviewConsultants.com SEAK National Directory of Independent Medical Examiners: www.IMEDirectory.com I've authored numerous books including: ● The National Guide to Expert Witness Fees and Billing Procedures ● The A to Z Guide to Expert Witnessing ● What All Physicians Considering Starting an IME Practice Should Know ● How to Market Your Expert Witness Practice: Evidence Based Best Practices I have also been on the faculty for the National Expert Witness Conference. In addition, I manage our various websites, blogs and SEO.