History Main / AccuseTheWitness

* Rarely, if ever, done as blatantly as in fiction, but there certainly are cases of one suspect testifying against another. The Troy Davis case is an excellent example of this, as one of the key witnesses (and one of only two to maintain his testimony up until Davis' execution), Sylvestor "Red" Coles, was himself a suspect.
** Direct accusation is against the rules of practice in some jurisdictions. However, a competent lawyer should be able to pick enough holes in a genuine murderer-witness's story for what really happened to become obvious to all concerned, or at the very least secure an acquittal.

* A similar thing happens in ''WebAnimation/PhoenixWrightDevilsAttorney'' as well, although it isn't as heavy on the TearJerker part. Mostly because the witness is capable of looking after herself and understands why Phoenix had to do it; the new laws in the Netherworld of 'guilty until someone else is proven guilty' forcing him to do this to extend the trial, lest Laharl would be convicted on the first day. However, [[spoiler:she]] did say it stung a little, and Laharl is none too happy about it either.

[[quoteright:280:[[Webcomic/SaturdayMorningBreakfastCereal https://static.tvtropes.org/pmwiki/pub/images/accuse_the_witness.jpg]]]]

** Used in the last case of ''[[VisualNovel/AceAttorneyInvestigationsMilesEdgeworth Investigations]]'' (where it's technically a police investigation rather than a court trial but the procedure is identical) by Shi-Long Lang on [[spoiler:Franziska von Karma]]. His reasoning is that [[spoiler:there is no reason. He knows she's innocent and he knows Edgeworth will easily prove her innocent, but in order to prove it Alba would have to let them back into the embassy to investigate--which is where they wanted to be in the first place]].

An unscrupulous cousin to ThePerryMasonMethod. Also related to {{Frameup}}, though this is more spur-of-the-moment (and is often an attempt at specifically FramingTheGuiltyParty). If a witness does this to ''him/herself'', it's a case of TakingTheHeat. If the accuser turns out to be right by complete accident, it may overlap with AccidentalTruth and RightForTheWrongReasons.

** PlayedForDrama in the fourth case of the second game, where you are [[ButThouMust forced]] to accuse [[spoiler:Adrian Andrews]] just to buy time. [[spoiler:This also ends up backfiring spectacularly as not only does she clear her own name during the cross-examination but manages to extend the trial and inadvertently cause Phoenix to break his agreement with a kidnapper.]]

An unscrupulous cousin to ThePerryMasonMethod. Also related to {{Frameup}}, though this is more spur-of-the-moment (and is often an attempt at specifically FramingTheGuiltyParty). If a witness does this to ''him/herself'', it's a case of TakingTheHeat. If the accuser turns out to be right by complete accident, it may overlap with AccidentalTruth and RightForTheWrongReason.

An unscrupulous cousin to ThePerryMasonMethod. Also related to {{Frameup}}, though this is more spur-of-the-moment (and is often an attempt at specifically FramingTheGuiltyParty). If a witness does this to ''him/herself'', it's a case of TakingTheHeat.

A CourtroomAntic which involves accusing an unlikely or controversial witness of being the perpetrator of the crime--particularly the accused's spouse or other close family member. Whether or not this accusation is true is immaterial. The point is to cloud the issue and raise reasonable doubt.

An unscrupulous cousin to ThePerryMasonMethod.

* A similar thing happens in ''WebAnimation/PhoenixWrightDevilsAttorney'' as well, although it isn't as heavy on the TearJerker part. Mostly because the witness is capable of looking after herself and understands why Phoenix had to do it, the new laws in the Netherworld of 'guilty until someone else is proven guilty' forcing him to do this to extend the trial less Laharl would convicted on the first day. However, [[spoiler: she]] did say it stung a little, and Laharl is none too happy about it either.

* In the climactic trial scene of ''Film/NewJackCity'', Nino Brown stands up and dramatically accuses one of his lieutenants of being the real head of the gang, Cash Money Brothers. This works and he gets a ludicrously small sentence in exchange for testimony - despite every piece of evidence, including eyewitness testimony from an undercover cop - saying Nino was the boss. Or at least, [[KarmicDeath it worked for a few minutes]]. (As a side note, the real-life drug lord Nino Brown was modeled on tried the exact same stunt and failed)

** In one episode, Eugene and Bobby try this in a murder trial, and Bobby gets chewed out over it by ''Series/{{Ally McBeal}}'' herself, who asks him whether he really believes that the witness did it (Bobby doesn't). It takes a very strange turn when the guy they accuse [[spoiler: commits suicide]]. Then it turns out that [[spoiler: Bobby's theory was entirely correct]].

* Done often in cases in ''Franchise/AceAttorney''. Overlaps with ThePerryMasonMethod in that in a lot of cases the witness [[VisualNovel/PhoenixWrightAceAttorney Phoenix]] or [[VisualNovel/ApolloJusticeAceAttorney Apollo]] accuses ''is'' the real killer (or an accomplice, or tampered with the crime scene, or is withholding crucial testimony), but there's also a lot of subverts.
** In the third case of the first game, Phoenix actually ''does'' intentionally accuse a completely innocent party purely to buy another day of investigation. In the process, she reveals that Global Studios Executives [[spoiler:which includes the real killer]] were at the studios that day, purely to save herself, and this enables Phoenix to get closer to uncovering the truth. Given that the innocent party in that case was [[spoiler:Windy...er, Wendy Oldbag]], that example was kind of funny.
** A distinctly [[PlayedForDrama less amusing]] instance comes in the fourth case of the second game, where you are [[ButThouMust forced]] to accuse [[spoiler:Adrian Andrews]], who by this point is [[TheWoobie woobie-tastic]], just to buy time. [[spoiler:This also ends up backfiring spectacularly as not only does she clear her own name during the cross-examination but manages to extend the trial and inadvertently cause Phoenix to break his agreement with a kidnapper]].
** It gets pretty confusing by case 5 of game 3, where Phoenix doesn't even know who to accuse, and in the end [[spoiler: isn't even sure what crime has been committed (homicide or justifiable self-defense). For fully three days, he doesn't accuse ''anyone''.]]
** Accusing the witness? Phoenix can do better than that! He goes as far as accusing the prosecutors. And at one point in the second game you have an option to select which strongly implies that ''the Judge'' is the guilty party. The Judge goes nuts. [[spoiler: The two accused prosecutors in the original trilogy, however, are indeed guilty]].
** Actually, presenting profiles as evidence makes it possible for you to accuse almost anyone at certain points in the game, if openly asked who the culprit is. Don't like Franziska? Go for it! Hate children? Accuse Pearls! Heck, you have Phoenix's own profile in your possession in come cases.

** Used in the last case of ''[[VisualNovel/AceAttorneyInvestigationsMilesEdgeworth Investigations]]'' (where it's technically a police investigation rather than a court trial but the procedure is identical) by Shi-Long Lang on [[spoiler: Franziska von Karma.]] His reasoning is that [[spoiler: there is no reason. He knows she's innocent and he knows Edgeworth will easily prove her innocent, but in order to prove it Alba would have to let them back into the embassy to investigate--which is where they wanted to be in the first place.]]
** In the first case of ''Apollo Justice'' you go through the usual procedure of accusing the witness and even make her break down. [[spoiler:But that isn't the end, because she didn't actually do it, you simply caught her in a lie about her role at the club where the crime takes place]]. It also features an inversion where [[spoiler:the defendant and witness, Phoenix himself, accuses a member of his own defense for the crime]].

[[quoteright:300:[[Webcomic/SaturdayMorningBreakfastCereal http://static.tvtropes.org/pmwiki/pub/images/accuse_the_witness.jpg]]]]

* Sort of referenced in ''Series/TheDefenders'', where Nick knows that his client's alibi witness is the real killer, but can't tell anyone. He says that the jury never buys "the other guy did it", even when the other guy ''did'' do it.[[spoiler: And this is enough for the real killer to confess to Nick, knowing he would just lie on the stand if asked. Then Nick pulls out a tape recorder.]]

** In the first case of ''Apollo Justice'' you go through the usual procedure of accusing the witness and even make her break down. [[spoiler:But that isn't the end, because she didn't actually do it, you simply caught her in a lie about her role at the club where the crime takes place. The real culprit doesn't get accused until he's called to the stand to make a special testimony]].

* The whole point of the court martial in ''Literature/TheCaineMutany''. Greenspan unrelentingly cross-examines Queeg this way, eventually calling him as a hostile witness for the defense, accusing him of several illegal and immoral acts in order to portray him as incompetent and unfit for command. The prosecutor eventually realizes that Greenspan has turned the whole thing into a trial where the defense is prosecuting a witness. (And it ''works''.)

* Sort of referenced in ''Series/TheDefenders2017'', where Nick knows that his client's alibi witness is the real killer, but can't tell anyone. He says that the jury never buys "the other guy did it", even when the other guy ''did'' do it.[[spoiler: And this is enough for the real killer to confess to Nick, knowing he would just lie on the stand if asked. Then Nick pulls out a tape recorder.]]

* Sort of referenced in ''Series/TheDefenders'', where Nick knows that his client's alibi witness is the real killer, but can't tell anyone. He says that the jury never buys "the other guy did it", even when the other guy ''did'' do it.[[spoiler: And this is enough for the real killer to confess to Nick, knowing he would just lie on the stand if asked. Then Nick pulls out a tape recorder.]]

* [[http://www.smbc-comics.com/?db=comics&id=210#comic This]] ''SaturdayMorningBreakfastCereal'' cartoon... is not a proper example, as merely this trope in its mundane 'accuse the witness' form would not be [[RuleOfFunny enough of a joke]]. [[spoiler: Accuse the ''judge'' if all else fails]].

* This was spoofed on ''WesternAnimation/TheSimpsons'' when Bart and Lisa accuse, during Sideshow Bob's trial, [[NoCelebritiesWereHarmed obvious Rush Limbaugh stand-in]] Birchibald Barlowe of being the true mastermind behind rigging the mayoral election. Bob will not stand for this. He immediately produces every piece of detailed evidence proving that he and only he could have effected such a triumph, including monogrammed leather files entitled "Bob's Fraud Log", volumes I-VI.

* In the first case of ''Apollo Justice'' you go through the usual procedure of accusing the witness and even make her break down. [[spoiler:But that isn't the end, because she didn't actually do it, you simply caught her in a lie about her role at the club where the crime takes place. The real culprit doesn't get accused until he's called to the stand to make a special testimony]].

** A distinctly [[PlayedForDrama less amusing]] instance comes in the fourth case of the second game, where you are [[ButThouMust forced]] to accuse [[spoiler:Adrian Andrews]], who by this point is [[TheWoobie woobie-tastic]], just to buy time.

** In one episode, Eugene and Bobby try this in a murder trial, and Bobby gets chewed out over it by ''{{Ally McBeal}}'' herself, who asks him whether he really believes that the witness did it (Bobby doesn't). It takes a very strange turn when the guy they accuse [[spoiler: commits suicide]]. Then it turns out that [[spoiler: Bobby's theory was entirely correct]].

* A similar thing happens in ''WebAnimation/PhoenixWrightDevilsAttorney'' as well, although it isn't as heavy on the TearJerker part. Mostly because [[spoiler: [[VideoGame/DisgaeaHourOfDarkness Flonne]]]] is capable of looking after [[spoiler: herself]] and understands why Phoenix had to do it, the new laws in the Netherworld of 'guilty until someone else is proven guilty' forcing him to do this to extend the trial less Laharl would convicted on the first day. However, [[spoiler: she]] did say it stung a little, and Laharl is none too happy about it either.
* The last witness is the real perpetrator in [[spoiler:four]] of the four cases in ''[[VideoGame/{{Touhou}} Aya Shameimaru: Touhou Attorney]]'', a fangame based on the ''Franchise/AceAttorney'' games.

* The prosecuting attorneys on ''Franchise/LawAndOrder'' have occasionally filed charges against a family member of their real suspect in order to pressure them into a confession, plea bargain or other "short-cut" resolution to the case.
** They'll also occasionally threaten to expose personal information that the defendant would rather go to jail than have made public (which seldom raises any questions as to whether they might be innocent and confessing ''just'' to keep their secret hidden), to achieve the same end. In both instances, the [=DAs=] will lampshade the desperation nature of the ploy, plus the likelihood that if the defendant doesn't bite, the presiding judge may not even let them follow through on their threat.
* Subverted in ''HomicideLifeOnTheStreet'': In an antic taken from the book which inspired the series, in a murder for which the body was not found, the defendants' lawyer insists that the whole case is nothing more than a publicity stunt, and that the "victim" is going to walk into the courtroom... Now! He doesn't, but, as the lawyer points out, the fact that everyone ''looked'' proves that they have a reasonable doubt. Once the defendants have been convicted, the thunderstruck prosecutor and defense attorney ask a jury member why the antic didn't work: one of the jurors noticed that ''the defendants'' hadn't looked -- they knew darned right well that the victim was dead.
** A further subversion in an earlier episode of Homicide. Kay Howard and Ed Danvers, while going over trial strategy on the Pony Johnson case, argue over the use of one of the victim's sons (and Pony's friend and drug mule) as a witness. Danvers notes that the son was at the scene, knew the victim and provided the bullets used to kill the victim and would thus make a terrible witness as the defense attorney would simply take all of that information and use it to set up the witness as the perfect alternative murderer, gaining them an acquittal.[[note]]This scene is an almost word for word mirror of a scene from the ''Homicide: A Year On The Killing Streets'' true crime book that inspired the series. It almost worked for the defense, too, but the perp's key witness, his girlfriend, was so unconvincing that by the end the jury were laughing at her. Guilty.[[/note]]

* ''Series/ThePractice'' employed this as a deliberate tactic enough to be the former TropeNamer. One notable example is when Lindsay actually accuses the [[spoiler:defendant's wife]] of conspiracy to commit murder out of the blue as the first question in her cross-examination! [[spoiler: Then again, the accusation was true; Lindsay had a EurekaMoment through an action the wife took while being questioned by the prosecutor. The suddenness and accuracy of Lindsay's accusation caused the wife to panic and plead the Fifth, leading to the judge directing a not guilty verdict and saving the defendant.]]

* Alan Shore of ''Series/BostonLegal'' is defending a woman whose much older husband died in mysterious circumstances, leaving his entire fortune to her. Their housekeeper is on the stand, and giving a fairly damning account of the defendant's behaviour. While she does this, Alan is stretching his arms and limbering up. He thanks her, then spins around and points at her in the most dramatic way possible:

** Another example is when Jeffrey is defending a young man accused of killing a judge he was in a relationship with. He, seemingly spontaneously, accuses the man's mother, currently testifying, of being the actual murderer. It's later revealed that this was actually the mother's idea to take suspicion off her son.
*** In this particular example, the mother is revealed at the end to have actually committed the murder. She and her son were in an incestuous relationship and as a result she got jealous when the son started having an affair with the judge.
* Sort of referenced in ''The Defenders'', where Nick knows that his client's alibi witness is the real killer, but can't tell anyone. He says that the jury never buys "the other guy did it", even when the other guy ''did'' do it.[[spoiler: And this is enough for the real killer to confess to Nick, knowing he would just lie on the stand if asked. Then Nick pulls out a tape recorder.]]

* Potentially inverted in ''VideoGames/NeverwinterNights2''. During the scene when the PC is on trial, the prosecution attempts to invoke this trope by calling you as a witness to your own trial. With enough skills and charisma, you can turn the tables begin accusing the ''prosecutor''.