Cross Examination Example

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CROSS OF CLAIRE CLAIRMONT

page(s); line(s)
Story-telling
1) You were at Villa Diodati on the night of June 16, 2011, isnt that right?
a. Yes (73)
2) Ghost stories were being told, correct?
a. Yes I was (78)
3) And at some point in the night, Ms. Byron told everyone to write their own ghost story
correct?
a. Yes (79)
b. Possible hearsay objection
i. Present sense impression?
ii. Not trying to find out the substance of story, just fact that it was told?
4) But before, she did that, Ms. Byron actually told one of her own stories, right?
a. Yes (78-79)
5) So you were there when Ms. Byron was telling her story, right?
a. Yes (79)
6) And when Ms. Byron was telling her story, Dr. Polidori was there too, correct?
a. Yes (73/inference)
7) So Dr. Polidori heard Ms. Byrons story then?
a. Yes (inference)
b. Possible speculation objection
i. Witness testified Dr. Polidori was there, and that Ms. Byron was telling a
storyI dont believe there is any evidence that Dr. Polidori is deaf.
8) Ms. Clairmont, while Ms. Byron was telling her story, she wasnt reading off a piece of
paper, was she?
a. No (inference)
9) She wasnt flipping through a storybook to recite the story, right?
a. No (inference)
10)In fact, it seems she was telling the story from memory, right?
a. Yes (inference)
b. (If not memory, then off the top of her head or something like that

Didnt give story away


11) Ms. Byrons never gave any of you that night permission to use her story, right?
a. No (85/inference)
12)She never said something to the effect of, here, write a story using my story
correct?
a. No (88)
13)Youve known Ms. Byron for quite some time, isnt that right?
a. Yes (inference, child from at least 2011)
14)For at least 5 or so years, right?
a. Yes
15)And in that time, isnt it true that youve never known Ms. Byron to just give
something away?
a. Thats true (85-86)
Polidori
16) Some of the others there that night wrote their own stories, correct?
a. Yes (99-103)
17)Its my understanding Mr. Shelley wrote a story, correct?
a. Yes (99-103)
18)Ms. Wollstonecraft wrote a story called Frankenstein, right?
a. Yes (101)
19)Dr. Polidori also tried to write a story that night, right?
a. Yes (101)
20)About a woman who had a skull with no face?
a. Yes (101)
21)Isnt true that the group kind of made fun of him for that?
a. Yes (101-102)
22)They were calling Dr. Polidori funny names, right?
a. Yes (103)
23)To his face?
a. Yes (103)
24)Polly Dolly?
a. Yes (103)

25)And the group that night thought the Dr.s story was pretty terrible, right?
a. Yes (102)
b. Possible speculation, present sense impression?
26)Would you like to be made fun of Ms. Clairmont?
a. No (inference)
27)That would make you pretty upset, wouldnt it?
a. Yes (inference)
28)It might make you retaliate, wouldnt it?
a. Maybe
Drugs
29)Now, its your opinion Ms. Byron was high that night, right?
a. Yes she was (91-92)
30)But you didnt actually see Ms. Byron using drugs, did you?
a. No, but I could tell she was high (94)
31)So youre just guessing that she was using drugs?
a. I could tell. (94)
Relationship w/ Byron
32) Ms. Clairmont, you and Ms.Byron dont have a very good relationship do you?
a. No (55)
33)Isnt it true that you really dont like her very much?
a. No I dont like her (62)
b. (Trying to infer that she would lie because she doesnt like Byron)
34)Its your testimony today that you think she is trying to keep your child away from you,
isnt that right?
a. Yes (58-59)
35)You love your child, right?
a. Yes (inference)
36)And youve said that Ms. Byron hasnt been providing you with any child support
right?
a. She hasnt (41)
37)So you wouldnt want Ms. Byron to win this case, would you?
38)After all, you are hear testifying against her, arent you?
a. Need help with these last few, you probably see the angle Im trying to get at

Video Game Likeness


39)Youve heard of the video game Vampyre Gone Wild right?
a. Yes (111)
40)Youve played it before?
a. Yes (111)
41)RESHOW THE EYES
42)Its your testimony that Lord Ruthvens eyes are NOT Ms. Byrons eyes, correct?
a. No they arent (119)
43)Isnt it true that you havent seen Ms. Byron since 2011?
a. Yes (inference from line 57 b/c Byron cast her off at end of summer 2011)
44)So its possible you dont remember Ms. Byrons exact eyes, isnt it?
a. Maybe
b. If she says Ive slept with her enough to recognize they arent Byrons eyes
then go to 46
45)2011 was four years ago, wasnt it?
a. Yes (inference)

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