“Inconsistent Statements? WHO CARES?!?”
The prior inconsistent statement. Most cross-examiners love prior inconsistent statements. If you were to create a "top ten" list of methods for impeaching witnesses, prior inconsistent statements would rank near the top. If you've ever caught a witness in a genuine inconsistency ("Today you testified that the light was green, but in your deposition, you testified the light was red..."), you understand how effective the impeachment can be. But be careful.
Not all prior inconsistent statements are created equal.
