Re-redirect examination of Steve Foster

📄 Re-redirect examination of Steve Foster — Wednesday, December 11, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\11\RE-REDIRECT-EXAMINATION-OF-STE.DOC

TRIAL

▲ Day 30 of 57

◀ Redirect examination of Steve Foster Willie Ford sworn in ▶

Witness: Steve Foster
Examiner: Dan Leonard
Called by: Defense • Date: Wednesday, December 11, 1996 • Utterances: 17

Petrocelli pressed Foster on a key detail from direct examination — whether the airplane cabin was 'very well illuminated' or only Simpson's reading light was on. Foster clarified that only Simpson's overhead reading lamp was on, not the full cabin, but maintained that Simpson himself was well illuminated. Petrocelli's final attempt to get Foster to admit he couldn't identify cuts on Simpson's hand was cut off by a sustained objection.

# 1 Q:

You just testified that the overhead cabin lights were on, it was very well illuminated; is that what you just said?

# 2 A:

No. The lights over Mr. Simpson's head. Same words broken apart.

KEY QUOTE

# 3 Q:

So to make this absolutely clear, the cabin is dark except for the light over Mr. Simpson's seat?

# 4 MR. LEONARD:

Vague as to time, Your Honor.

# 5 THE COURT:

I don't think so.

Overruled.

# 6 Q:

(BY MR. PETROCELLI) During the one hour in the beginning of the flight when you made your so-called observations, correct?

# 7 A:

During -- throughout the flight, when I made the observations both in the intense hour and in the moment that I woke up and gazed over, the lights, his overhead cabin light, reading lamp, was on.

# 8 Q:

And all the other lights were off?

# 9 A:

That's correct.

# 10 Q:

Okay.

# 11 A:

Except for the --

# 12 Q:

You said it was very well illuminated. You meant just the area over Mr. Simpson's seat was very well illuminated; is that what you meant to say?

# 13 A:

The area over Mr. Simpson's seat, which included his person in the seat, so he was well illuminated. And his items, his document and his book, his bag.

KEY QUOTE

# 14 Q:

Okay.

And again, you as you sit here now, thinking back, getting a better picture of all the circumstances, you could not tell this jury, one way or the other, whether or not he actually had cuts on his hand, correct?

# 15 MR. LEONARD:

Objection. Argumentative; asked and answered.

# 16 THE COURT:

Sustained.

# 17 MR. PETROCELLI:

Thank you.

Temperature

tense

Key Quotes (3)

Witness

No. The lights over Mr. Simpson's head. Same words broken apart.

Foster pushes back on Petrocelli's characterization, insisting his prior testimony was precise and consistent.

Witness

The area over Mr. Simpson's seat, which included his person in the seat, so he was well illuminated. And his items, his document and his book, his bag.

Foster narrows the illumination claim to Simpson's immediate area, partially conceding the cabin was otherwise dark.

Daniel Petrocelli

You could not tell this jury, one way or the other, whether or not he actually had cuts on his hand, correct?

Petrocelli's closing attack on Foster's credibility — blocked by a sustained objection before Foster could answer.

Notable Exchanges (2)

Daniel Petrocelli•Witness

Petrocelli attempted to reframe Foster's 'very well illuminated' testimony as referring only to a small spotlight over Simpson's seat, not the full cabin. Foster resisted but ultimately confirmed only Simpson's reading lamp was on.

strategic

Daniel Petrocelli•Dan Leonard•Hiroshi Fujisaki

Petrocelli's final question about Foster's inability to identify cuts was objected to as argumentative and asked and answered; Fujisaki sustained it, ending the examination.

procedural

Credibility Attacks (1)

⚔ Foster

prior inconsistent statement

Petrocelli highlighted the tension between Foster saying it was 'very well illuminated' and the admission that only one reading lamp was on, suggesting Foster had overstated visibility conditions during his observations of Simpson on the flight.

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 8590 • 17 utterances • Defense witness

Civil Trial

Department 103