Recross-examination of Stephen Valerie

📄 Recross-examination of Stephen Valerie — Wednesday, December 11, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\11\RECROSS-EXAMINATION-OF-STEPHEN.DOC

TRIAL

▲ Day 30 of 57

◀ Redirect examination of Stephen Valerie Willie Ford sworn in ▶

Witness: Stephen Valerie
Examiner: Daniel Petrocelli
Called by: Defense • Date: Wednesday, December 11, 1996 • Lines: 17

Petrocelli pressed Stephen Valerie on a detail from direct examination: whether the airplane cabin was very well illuminated or only Simpson's reading light was on. Valerie clarified that only Simpson's overhead reading lamp was on, rather than the full cabin, but maintained that Simpson himself was well illuminated. Petrocelli's final question about whether Valerie could tell if Simpson had cuts on his hand drew 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)

Stephen Valerie

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

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

Stephen Valerie

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.

Valerie specified that the reading lamp illuminated Simpson and the items at his seat; he did not describe the entire cabin as illuminated.

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 Valerie's credibility: blocked by a sustained objection before Valerie could answer.

Notable Exchanges (2)

Daniel Petrocelli•Stephen Valerie

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

strategic

Daniel Petrocelli•Dan Leonard•Hiroshi Fujisaki

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

procedural

Credibility Attacks (1)

⚔ Valerie

prior inconsistent statement

Petrocelli questioned Valerie about his description of the area as very well illuminated when the main cabin lights were off. Valerie maintained that Simpson and the items at his seat were illuminated by the reading lamp.

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 8590 • 17 lines • Defense witness

Civil Trial

Department 103