“Trials are complex exercises often involving unforeseen developments. The essence of a trial is the re-creation of past human events through the mechanism of human memory delivered by sworn witnesses. Human memory is notoriously fallible and it is, in part, because of this that we utilize the test of cross-examination to ferret-out the truth. With all trials, the lawyer’s challenge is an exercise “in controlling the contingencies of litigation,” to quote the words of the venerated scholar, Professor John Wigmore. In other words, no matter how in-depth our preparation was, we knew that unanticipated matters would arise as the trial progressed.” Richard Peck “Tough Crimes”