Schoenhofer Cross-Examines Cops
The Center for Excellence in Advocacy hosted Mark Schoenhofer, Class of 1992, on Tuesday, September 28, 2004 as part of its Fall 2004 Luncheon and Lecture Series. Schoenhofer, a criminal defense lawyer and solo practitioner from Wichita, Kansas, discussed "Cross-Examination of Cops: the Rest of the Story." Speaking to a standing-room-only audience, Schoenhofer used a recent DUI case in which he had won an acquittal to demonstrate the principles of cross-examination starting with thorough fact investigation and legal research.
Reading from a transcript of his cross-examination of the arresting officer, Schoenhofer showed how an attorney can argue a case theory through the opponent's witness, how to get help even from a hostile witness on cross-examination, and how to use prior testimony to force the witness to concede important points.
Schoenhofer's questions to the police officer were crisp, clear, and concise. He took control of the witness and asked non-leading questions when it advanced his questioning. The transcript shows the witness was unable to match Schoenhofer's knowledge of the training requirements for proper roadside DUI investigation.
After practicing with the Sedgwick County District Attorney's office, Mark Schoenhofer joined a personal injury firm defending medical malpractice cases. He left to start a solo trial practice, specializing in plaintiff's personal injury work and criminal defense. His clients have included several police officers, a Roman Catholic priest and a Sedgwick County District Judge. He has tried over two hundred criminal cases. Schoenhofer will be teaching in the next Washburn Law Intensive Trial Advocacy Program.
Mr. Schoenhofer has been kind enough to share the transcript of his cross-examination of the police officer (106 KB PDF, requires Adobe Acrobat Reader).
