By Mike Holley
Chief Criminal Investigator, &
Robyn Beckham
Criminal Trial Chief Prosecutor, Kaufman County Criminal District Attorney’s Office
Never underestimate the value of a rock-solid witness. Competent, articulate testimony is often the key that opens the door to truth at trial. Unfortunately, we sometimes find out the hard way that the wrong key, or one that is poorly crafted, prevents that door from opening at all.
Those of us who work in prosecutors’ offices rely heavily on professional witnesses to present complex, technical, or specialized information to judges and juries. Medical professionals, forensic scientists, law enforcement officers, digital analysts, and other subject-matter experts frequently provide testimony that forms the backbone of a trial, shaping how factfinders understand the evidence and, ultimately, how they reach a verdict.
Despite the centrality of their role, many of these professionals testify infrequently and receive little formal preparation for the demands of courtroom testimony. Police officers with more than 20 years on the job may have testified only a handful of times; sexual assault nurse examiners (SANEs), emergency room nurses, Child Protective Services (CPS) caseworkers, firefighters, communications operators, forensic interviewers, counselors, and medical examiners may receive subpoenas regularly, yet rarely wind up in the courtroom.
When they do testify, their time on the stand is often brief. The vast majority simply do not testify often enough to develop the skills necessary to feel comfortable and confident on the stand. We nevertheless expect them to communicate clearly and persuasively to juries, while rarely providing them the tools to do so before trial. By the time we are free to offer feedback, they are already back at work. Their performance is armchair-quarterbacked at our watercoolers far more often than it is coached in our offices.
Which begs a pivotal question: Who is responsible for preparing these professionals to testify? Recognizing that prosecutor offices serve as the motherships of criminal justice for their counties and judicial districts, we all know the answer—the responsibility rests with us.
Structured witness training is a necessary, but often overlooked, component of effective prosecution. Drawing on our experiences at the Kaufman County Criminal District Attorney’s Office in providing training to our local partner agencies, this article outlines practical strategies for preparing witnesses to testify accurately, confidently, and ethically. By investing in witness training, district attorneys’ offices can better support the professionals we rely on while enhancing the overall integrity and effectiveness of the trial process.
Training opportunities
Despite our best efforts to prepare witnesses on an ad hoc basis, our office has learned that there is simply no substitute for periodic, scheduled training sessions.[1] Brief, informal preparation immediately before trial, while sometimes unavoidable, cannot replicate the consistency, depth, and confidence-building benefits of structured instruction.
From a practical standpoint, scheduled trainings also save time. Delivering a unified message to a room full of professionals is far more efficient than repeating it one witness at a time. And if the thought of planning these sessions feels overwhelming, recall the frustration of poor testimony. That memory alone can provide all the motivation needed.
Through considerable trial and error (pun intended), we have developed what we consider a best-practice model for witness preparation. The following section outlines the training format that has proven most effective for our office and our partner agencies.
At the outset, we acknowledge that scheduling a single training for professionals across multiple disciplines is easier said than done. Nevertheless, our office has experienced significant success hosting multidisciplinary trainings several times a year on Friday mornings, typically from 8:00 a.m. to noon. Attendance remains strong, and participant evaluations consistently reflect high engagement and practical value.
Although we occasionally design trainings for specific professional groups, most sessions are open to any interested participants. Multidisciplinary trainings offer distinct advantages, including professional networking and cross- disciplinary learning. For example, we have repeatedly observed sexual assault nurse examiners gain valuable insights from forensic inter- viewers, and vice versa. These exchanges foster mutual understanding that ultimately strengthens testimony and collaboration in real cases.
Each training begins with a one-hour PowerPoint presentation covering courtroom fundamentals. This segment identifies the key players in a jury trial, explains the typical progression of a trial, and offers practical tips for preparing to testify. We also introduce a healthy dose of courtroom terminology to reduce confusion and anxiety when the witnesses encounter these terms on the stand. The presentation concludes with guidance on courtroom demeanor, decorum, appearance, and behavior in the presence of the judge and jury.
The next two and a half hours of the morning are devoted to a mock trial exercise. This portion consists of a carefully planned, scripted role-play conducted on a structured timeline. We typically choose a case that previously went to trial and involves witnesses from multiple disciplines represented in the audience. We redact any personal information of the victim from the case packet, then provide it to participants to review before the mock trial begins.[2] When attendance allows, participants are divided into breakout groups to ensure that each attendee has an opportunity to take the witness stand and experience both direct and cross-examination. Our prosecutors play the roles of prosecutors and defense attorneys, which provides the added benefit of allowing our attorneys to sharpen their own trial skills. This experiential component consistently proves to be the most impactful element of the training.
The final 30 minutes are reserved for questions and review. Setting aside this time ensures that the PowerPoint and mock trial remain on track and are not derailed by questions and comments that may not benefit all attendees. When possible, our staff stays after to answer additional questions and provide one-on-one interaction. Participants are also encouraged to exchange contact information with presenters to facilitate future communication and collaboration.
“This meeting could have been a YouTube video”
Wouldn’t it be convenient to simply press “play” on a pre-recorded training session and deliver identical instruction to multiple agencies? In theory, yes. In practice, prosecutors should proceed with caution. Recorded trainings created by a prosecutor’s office carry risks. Once a video leaves our control, it can easily be exploited by the defense. For that reason, our practice is to use audio and video instructional materials only in supervised, controlled settings, and to avoid making them available for broader distribution. When we do incorporate recorded material, it is presented live, with prosecutors present to contextualize the content and immediately address questions or concerns. This approach allows us to reap the benefits of consistency without sacrificing control. Besides, effective witness training is not a passive exercise. In-person instruction al-lows us to gauge confusion, correct misconceptions in real time, and adapt the discussion based on the audience’s experience level and discipline.
What should we teach?
You may be thinking, “Thanks for the training method tips, but what exactly are we trying to teach our witnesses to make their testimony more effective?” Great question! Let’s do a deep dive into the mechanics of smooth, polished, powerful testimony. Below is an outline of the concepts we cover in our one-hour PowerPoint presentation, which your office might adopt and adapt based on local needs and resources.
Basic terminology and role identification. Never assume that witnesses, no matter how educated or experienced, are familiar with courtroom basics. Something as simple as identifying the key players in the room can dramatically improve their confidence. Sound like baby food? Then consider this: Is all that Latin and legal jargon spoken in the courtroom intuitive to those who don’t live and breathe the law? If you have ever served as a witness, how many times did you testify before you knew not to automatically answer a question after an objection was sustained? How long did it take to understand the difference between a fact witness and an expert witness? Did you (as a witness) ever assume the prosecutor was “your attorney?” How many times did you, when testifying, attempt a non-verbal response on the stand, only to be instructed by the judge to answer audibly with a “yes” or “no?” Our witnesses often arrive with those same gaps.
Pretrial testimony preparation. For witnesses, preparation starts with a thorough review of the entire case file. Witnesses should understand not only their role but also the full scope of their agency’s involvement. Rather than merely reading reports and supplements, witnesses should review pertinent videos and recordings as well. Ensuring all discovery has been provided and all evidence properly retained is another key component to testimony preparation.
Pre-trial meetings between witnesses, prosecutors, and investigators should be encouraged. Such meetings should include candid discussions about ideas and expectations, anticipated lines of questioning, and any demonstrative aids to be used. We even recommend role-playing with those demonstrative tools or in-court demonstrations to ensure a polished presentation in front of the jury. Expert witnesses should provide an updated CV (curriculum vitae) at this meeting, well in advance of the trial or hearing date.
Witnesses also benefit from understanding the structure of a jury trial. Review the mechanics of pretrial hearings, suppression motions, voir dire, arraignment, opening statements, the State’s case-in-chief, defense cross-examination, defense case-in-chief, prosecution cross, rebuttal, jury charge, closing arguments, jury deliberations, and punishment. Witnesses often focus so intently on their own testimony that they forget to familiarize themselves with trial structure, an oversight that increases anxiety.
Courtroom terminology. Witnesses should avoid using legal jargon on the stand, unless they are licensed to practice law. They should understand—but not use—terms such as sustained, overruled, relevance, hearsay, speculation, prejudicial vs. probative, and nonresponsive. They should also be familiar with general courtroom terms such as voir dire, invoking the Rule, mistrial, pro se, acquittal, Brady, Morton, motion to suppress, motion in limine, hung jury, and opening the door. Knowledge equips witnesses; jargon on the stand confuses jurors.
What happens on the day of court. Our role as DA investigators and prosecutors includes coaching witnesses on the basics: attire, demeanor, decorum, and punctuality. We should fight against the assumption that potential witnesses have a clear understanding of these elementary principles. They must be cautioned about interacting with the public at the courthouse. They should learn not to discuss the case with their colleagues during trial, especially in public spaces. (If we had a dollar for every mistrial caused by lunch-hour witness misconduct!) They need to think carefully about their conduct on social media prior to and during trial.
Even seasoned witnesses often do not know what to bring to court, where to go, or with whom to speak. They may have unrealistic expectations about timing or be unclear about whether they are excused after testifying. The invocation of “the Rule” routinely causes confusion. All these issues can be resolved with a few minutes of direct communication.
Establishing credibility in court. Another critical matter to address in witness training is how to establish their credibility in front of the jury. A personal note from Investigator Mike Holley: I have testified more times than I can count and was well trained by sharp prosecutors in one of the largest DA’s offices in the state. Yet I once took the stand with a massive wad of bubblegum in my mouth, thinking I could hide it. I was wrong. When the judge ordered me to spit it into the bailiff’s hand, the jury stopped listening. Instead, they snickered and whispered among themselves. My credibility vanished in an instant. Although this was not my most shining moment, I learned not to be so laser-focused on preparation for testimony that I overlook the essentials of proper decorum in the courtroom.
Witness credibility begins the moment they walk into the courtroom. Showing up unprepared (glasses forgotten in the car, improperly handling evidence, phone in hand, gum in mouth) damages credibility before a single word is spoken. A toe-tapping witness appears impatient; a slouching witness looks disinterested; an arms-crossed witness seems antagonistic. Witnesses should be coached on recognizing body language, managing anxiety, identifying nervous habits, avoiding distracting movements, and engaging in purposeful eye contact with jurors.
When coaching witnesses on speaking style, emphasize clarity, pace, and authenticity. We encourage witnesses to “be themselves” as a gesture of respect, while reminding them to bring their “best self” to the witness stand. They should answer truthfully, avoid robotic recitation, use plain language, and define acronyms. Do not assume they know to rise when the judge or jury enters or exits—spell it out for them.
Handling cross-examination. Remind them that defense counsel is not their enemy, just a professional doing their job. They must maintain composure under cross-examination, listen carefully, and respond only to the question asked. Encourage witnesses to maintain the same attitude and demeanor they had during direct examination when answering the defense attorney’s questions on cross. Appearing argumentative is harmful; appearing overly agreeable and being baited into affirming the defense’s narrative of the case can be equally damaging.
The most important takeaway. Before concluding our presentation, we always remind our attendees that, if they retain only one nugget of guidance from the entire morning, it should be this: their sole responsibility on the witness stand is to tell the truth. When a witness takes the oath before the jury, that moment matters. The oath isn’t a formality. It is paramount. Throughout his testimony, everything else falls away in the face of honoring the oath and speaking truthfully. Effective witness preparation is about helping witnesses find the clearest, most compelling way to convey the truth they already know.
Final thoughts
Our witnesses come to court ready to help, but readiness alone is not enough. They need direction, coaching, and the kind of insider knowledge only we can provide. When we take ownership of their preparation and invest in their competence, their testimony improves, trials run smoothly, and juries receive clearer information. Let’s take responsibility to equip witnesses not just with knowledge, but also with confidence, awareness, and courtroom savvy. If we don’t, we may as well hand them the bubblegum ourselves.
[1] Without a doubt, there are individuals out there who are more receptive to individual training. We make every effort to address special circumstances personally and discreetly, especially when a trial preparation issue may be related to the special needs of a witness. A personal note from Mike Holley: I will never forget the late Mark Hasse, then the Chief Felony Prosecutor, making time to individually prepare me for testimony, knowing I would be entering the courtroom on crutches after a recent surgery. The individualized attention and care he showed me not only removed all my anxiety about that upcoming trial, but also motivated me to follow suit and offer the same care for others. Mark was murdered a short time later, and his sincere gesture impacted my career in a way I will never forget.
[2] An even better practice might be to give the packet out to attendees a day or two in advance so each person can delve into the material more closely. However, you can run the risk of the training feeling a bit too much like “homework,” which might cause audience members to drop out when they realize they have to prepare ahead of time. So choose the approach carefully based on what you know about your target population.