Mosttalkative

William Kilroy: The defense witness who became a prosecution asset. After reading William Kilroy’s testimony in the Matthew Farwell trial, I was struck by how spectacularly the defense’s decision to call Sandra Birchmore’s former boyfriend may have backfired. The defense sought to establish a history of suicidal statements. Instead, on cross-examination, Kilroy agreed with the prosecutor that Sandra as a “fighter” and “resilient.” He testified that, “She was lovely." "Even after losing her mom and grandmother she still made people laugh.” In essence, he sent the jury a message that Sandra was a young woman capable of humor during times of profound grief. Most significantly, Kilroy acknowledged that while Sandra had discussed suicide, she had never attempted suicide during the time he knew her and that he was never truly concerned she would harm herself. The prosecution also established that the statements occurred four to five years before her death. In a particularly touching moment, Kilroy identified his own handwriting on Sandra’s list, where he had written “I’m wonderful” and “I’m amazing” to encourage her. Rather than reinforcing the defense’s suicide theory, his testimony humanized Sandra and highlighted her resilience. No other witness has really done that. In a colossal trial advocacy miscalculation, the defense called Kilroy to establish one favorable fact on direct examination, only to have cross-examination turn that same witness into a powerful asset for the prosecution. Sometimes the most damaging testimony comes from your own witness.