Trial counsel (prosecutors) during Article 32 hearings present government evidence establishing probable cause while managing witness testimony and responding to defense challenges. Their role includes calling witnesses to establish offense elements, introducing documentary and physical evidence, conducting direct examinations eliciting key facts, protecting witnesses from harassment during cross-examination, and making arguments about charge sufficiency. Unlike trial, prosecutors need not present their entire case, focusing on probable cause threshold rather than proof beyond reasonable doubt.
Strategic decisions include determining which witnesses to call versus submitting statements, how much evidence to reveal versus holding back for trial, whether to preview contentious legal theories or expert testimony, and balancing thorough presentation against efficiency interests. Prosecutors must provide required discovery before hearings while potentially withholding work product and strategy. Victim preferences significantly influence prosecution presentation approach, particularly regarding live testimony versus alternatives.
Professional responsibilities encompass ensuring witness availability and preparation, making required disclosures of exculpatory evidence, correcting any false testimony presented, maintaining appropriate decorum despite informal settings, and preparing written submissions supporting charges. Trial counsel must balance aggressive advocacy with preliminary hearing’s limited purpose, avoiding overreach that might educate defense unnecessarily or alienate PHOs through excessive zeal.
Interactions with defense counsel range from professional cooperation on scheduling and logistics to adversarial examination of evidence and witnesses. Trial counsel responses to defense evidence require real-time assessment whether rebuttal helps or highlights weaknesses. The goal remains obtaining favorable recommendations while preserving flexibility for trial strategy evolution based on preliminary hearing revelations.