T
Timothy Marsh
2
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1
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Apr 26, 2026
Defending Criminals and Examining the Deceased
7:29

Meshel LaurieHOST
Where do you usually get to speak to them in the context of a trial? Are they early witnesses or?
T
7:35Timothy MarshGUEST
Well, the- the first thing I'd say is i- in most, certainly in most murders, you'll have an opportunity to cross-examine key witnesses at a preliminary hearing, and it's very common, I won't say it's, um, universal, but it's very, very common to have forensic pathologists as being one of the witnesses who you would want to cross-examine at that early stage precisely because their evidence is so pivotal in establishing things like causation, um, intent.
T
8:06Timothy MarshGUEST
And typically, most of my preparation, most of the heavy lifting is gonna be done in the lead-up to that preliminary cross-examination because ideally I want to know everything that the forensic pathologist is going to say that's gonna be useful to my case at that early stage.
T
8:23Timothy MarshGUEST
Um, in terms of the trial itself, yeah, generally speaking, a forensic pathologist would be one of the earlier witnesses, and that's, well, it's a matter for the prosecution in terms of how they want to structure their case.
T
8:33Timothy MarshGUEST
But it's usually quite natural to begin with, um, the crime scene itself and to sort of work your way out towards witnesses that impact directly on the death.
T
8:41Timothy MarshGUEST
So often a foreig- forensic pathologist is called quite early in that process.
34 MINS LATER
Shortcut: Defending Criminals and Examining the Deceased
4:11

Meshel LaurieHOST
Where do you usually get to speak to them in the context of a trial? Are they early witnesses or?
T
4:17Timothy MarshGUEST
Well, the, the first thing I'd say is i- in most, certainly in most murders, you'll have an opportunity to cross-examine key witnesses at a preliminary hearing.
T
4:25Timothy MarshGUEST
And it's very common, I won't say it's, um, universal, but it's very, very common to have forensic pathologists as being one of the witnesses who you would want to cross-examine at that early stage precisely because their evidence is so pivotal in establishing things like causation, um, intent.
T
4:48Timothy MarshGUEST
And typically, most of my preparation, most of the heavy lifting is gonna be done in the lead-up to that preliminary cross-examination because ideally I want to know everything that the forensic pathologist is going to say that's gonna be useful to my case at that early stage.
T
5:05Timothy MarshGUEST
Um, in terms of the trial itself, yeah, generally speaking, a forensic pathologist would be one of the earlier witnesses, and that's, well, that's a matter for the prosecution in terms of how they want to structure their case.
T
5:15Timothy MarshGUEST
But it's usually quite natural to begin with, um, the crime scene itself and to sort of work your way out towards witnesses that impact directly on the death.
7 MINS LATER