Trial on the Merits Consultation

Assist with matters of providency if guilty pleas are entered and there is a question of mental capacity to understand the consequences of the plea
Provide testimony on changes in facts from prior sworn statements of witnesses compared to current testimony and the relative accuracy of recollection across time
Discuss possible reason for behavior and whether they are consistent with commonly seen behaviors of individuals under stress
Presence during the testimony of fact witnesses to understand the statements heard by the members(RCM 615)
Assist with last minute interview of fact witnesses and suggest questions for use in cross examination and style of interaction with hostile witnesses
Assist with cross examination questions for opposing experts after they have testified
Provide testimony relating to issues of witness reliability
Educate members with issues of levels of intoxication and how they are best assessed
Educate members on the differences between "passing out" (loss of consciousness) versus "blacking out" (unable to remember actions) as they relate to consent and capacity to consent
Inform members of alternative reasons for complaints against the accused (false allegations) and rationale for why those explanations are or are not valid
Educate members on issues of Posttraumatic Stress Disorder or Depression with regard to errors of cognition and potential mistakes of fact under RCM 916 and its multiple subparagraphs (self defense, defense of another, lawful order, etc.)
Assist in determining order of witnesses during trial to maximize impact
Provide line of questions to lay foundation during Daubert hearings or hearings on relevance