Sidebar: examination procedures

📄 Sidebar: examination procedures — Tuesday, December 10, 1996

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C:\DEPT103\CIVIL\1996\DEC\10\SIDEBAR-EXAMINATION-PROCEDURES.DOC

TRIAL

▲ Day 29 of 57

◀ Witness dismissal Direct examination of Andrea Mazzola ▶

Date: Tuesday, December 10, 1996 • Utterances: 8

A brief sidebar in which plaintiff's counsel Petrocelli objects to the defense treating city employee witnesses as hostile, arguing they have not aligned with the plaintiffs. Judge Fujisaki overrules the objection, granting the defense latitude to examine the witnesses by cross-examination, reasoning that these witnesses have previously testified adversely to Simpson.

# 1 THE COURT:

He did what?

# 2 MR. PETROCELLI:

We object. These witnesses are not hostile witnesses. They're city employees. They're not aligning with the plaintiffs. There's no showing that they are hostile. Mr. Vannatter indicated he came back on his own volition. These people are not hostile.

KEY QUOTE

# 3 MR. BLASIER:

Well, Your Honor --

# 4 MR. PETROCELLI:

Your Honor --

# 5 THE COURT:

I'm going to permit the defense to examine by way of cross-examination.

# 6 MR. PETROCELLI:

Then let us lead as well then, Your Honor.

KEY QUOTE

# 7 THE COURT:

I don't think so. I think this situation is such that these witnesses have testified previously adversely to Mr. Simpson. A certain amount of latitude should be allowed to the defense in examining these witnesses.

KEY QUOTE

# 8 MR. BLASIER:

Thank you.

ANDREA MAZZOLA, called as a witness by Defendants, was sworn and testified as follows:

Temperature

procedural

Key Quotes (3)

Daniel Petrocelli

These witnesses are not hostile witnesses. They're city employees. They're not aligning with the plaintiffs.

Petrocelli argues the defense has no basis to treat these witnesses as hostile and use leading questions.

Hiroshi Fujisaki

I think this situation is such that these witnesses have testified previously adversely to Mr. Simpson. A certain amount of latitude should be allowed to the defense in examining these witnesses.

The judge's rationale for granting cross-examination latitude — prior adverse testimony against Simpson, not formal hostility designation.

Daniel Petrocelli

Then let us lead as well then, Your Honor.

Petrocelli's quick counter-argument seeking equal latitude for plaintiffs, which Fujisaki denies.

Notable Exchanges (1)

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli objects to defense using cross-examination style on city employees; Fujisaki denies parity to plaintiffs when Petrocelli requests it.

strategic

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8575 • 8 utterances

Civil Trial

Department 103