REQUEST PROSECUTION TO TESTIFY FIRST

   Most often the Hearing Officer will call the witness to develop the testimony before he calls the principals, and this is proper.

   There is an advantage to this, as most employees and some officials are reluctant to go on record as making derogatory remarks against a fellow employee, and it may not be necessary to resort to your defense in depth as you originally conceived it, and the accused will have to answer only to those charges that have been developed.

   If the Hearing Officer insists upon calling your defendant early for his testimony, you could advise that the accused was called as a carrier witness and as such, statements of the accused would be binding upon the carrier.

   Or the following argument would be cogent: "You're serving the charges. Make out your own case on your own witnesses. It is not our duty to make out your case. It is not consistent with 'due process.'"

   The most valid argument is contained in the following objection:

   The accused would be prejudiced in his right to take the stand at this time, not knowing the full import of the charges.