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exhibc
---
title: "Fishman Declaration — exhibc"
source: https://www.cs.cmu.edu/~dst/Fishman/Declaration/exhibc.html
retrieved: 2026-06-28
---
## Exhibit C
'''
US District Court, Central District of California
Fishman Case # 91-6426 HLH (Tx) Continued
(no number just title page exhibit C)
26 January 1982
WITNESS PREPARATION:HATTING THE WITNESS
Preparation of an individual witness to give evidence for us at trial
can be broken into three steps:
1. The basic witness hat, which is unvarying from one witness to the
next;
2. Full debriefing and resulting understanding of prospective testimony;,
and
3. Finalization of the testimony with the lawyer.
Steps 1 and 2 would be handled by the GO terminal assisting the
lawyer for that portion of the case, and step 3 would be done by the GO
terminal and the lawyer.
There is basic data about being a witness which should be given to
every witness, to give them reality on what It will be like, answer their
questions. etc. Following are the areas which we would cover (for the
IRS case) as basic witness hatting.
1. It is helpful to describe to the person the physical space 'of the
courtroom (and, If possible, to have the person visit the actual
courtroom where he will be giving his evidence). Tell (or show) the
witness where he will sit; where the judge, the clerk, and the reporter
each sit; and what roles they play. , Tell (or show) him where counsel and
where the audience will be seated. The witness may want to do a little
reach and withdraw on the space of the courtroom, and this can usually be
accomplished during a recess. The witness should be encouraged to 'take
control of the courtroom.
-1- (0031)
2. The statistic for a witness Is something like 'length of time on the
Stand' (keeping In mind the purpose of each witness to deliver certain
evidence comfortably, persuasively and honestly so the judge can
duplicate and agree with it). A witness will always experience
discomfort. anxiety, etc., and will have (at first) a strong desire to
get It over with." The danger here Is that his/her testimony will
become condensed or abbreviated to as to get off the stand as quickly as
possible. The witness should be warned against this phenomenon. We want
a witness to understand that (under ordinary circumstances) they will
have done better to stay on a long time, and they should get their TRO In
and be there comfortably for as long as It takes. After a time, they
Invariably loosen up and actually begin to enjoy the experience such that
they become willing to stay on and on.
A witness who makes only a brief appearance leaves little or no
Impression on the judge. A trial judge or a juror must, as part of his
hat, determine what degree of credibility each witness possesses, and
accordingly what relative weight to give to that witness' evidence. A
judge or juror does this by observation of the witness' demeanor as much
as by the testimony given. A witness who is willing to be there, and
answer in as much detail as necessary (not chopping his evidence short
out of desire to "blow" from the stand), gives the judge or juror more
time to observe, and get to know that witness;. it is a matter of
increasing ARC between witness and Judqe or juror which results In the
judge retaining the data better and also according It more weight as he
will have sussed out that witness for believability.
3. The witness should know that he may be questioned by the judge
directly on some point of Interest or at a lull In the examination being
done by counsel. If that occurs, the witness should give his answer
directly to the judge, respectfully and with high ARC and attention to
fully and actually answering the question asked.
-2- (0032)
Also there are times, though they Should be rare and sparsely used,
When the Witness may want to address himself to the judge, seeking his
advice or aid. For example, If witness feels he simply cannot answer a
Cross-exam question both a yes or no, but must make an accompanying
explanation, he may ask the judge for leave to explain or qualify his
answer. 'This comm line can be used to good advantage In a situation
where the line of questioning Is probing an area of the witness'
religious belief (or where, perhaps, the questions are designed to
address or elicit upper level material): The witness can originate that
this question is improper as it seeks Information about his personal
religious belief Or data that he considers confidential as part of his
beliefs, and that he has taken a perpetual vow never to disclose.
Address to the judge Is not to be over-used or relied on by the
witness to any advantage, but the witness should know that he can have a
comm line to the judge, to appeal for protection.
4. Related to point 2 above, a witness should also be told that his
testimony should be calm and reasonable. Although it Is part of his