Redirect examination of Stephen Valerie

📄 Redirect examination of Stephen Valerie — Wednesday, December 11, 1996

Address:

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

TRIAL

▲ Day 30 of 57

◀ Direct examination of Stephen Valerie Sidebar: foundation for photographs ▶

Witness: Stephen Valerie
Examiner: Dan Leonard
Called by: Defense • Date: Wednesday, December 11, 1996 • Utterances: 177

Petrocelli cross-examines Stephen Valerie, who had testified in direct about observing OJ Simpson on an airplane flight, attacking the reliability of his observations. The centerpiece of the cross is forcing Valerie to admit that his criminal trial testimony contained a factual error — he had described using a leg rest to position himself for a clear view of Simpson, but no leg rest exists on that aircraft. Petrocelli also challenges the accuracy of a seating chart and introduces a photograph suggesting the seats were staggered, not directly opposite.

# 1 Q:

Good afternoon, Mr. Valerie.

You never met O.J. Simpson before, right?

# 2 A:

That's correct.

# 3 Q:

So you have -- you have no idea as you're sitting there in the airplane, how he behaved when he was under times of great stress, correct?

# 4 A:

That is correct.

# 5 Q:

And nor would you have had any idea how O.J. Simpson would conduct himself if he were under severe distress, correct?

# 6 A:

That -- that is absolutely correct.

# 7 Q:

And you had seen his smiling face on television before, right?

# 8 A:

The only time I've ever seen Mr. Simpson was on television, that's correct.

# 9 Q:

And you were aware of his public persona as a person with a smiling face, correct?

# 10 MR. LEONARD:

Objection, argumentative, irrelevant.

# 11 THE COURT:

Overruled.

# 12 A:

In the observations I had of him over his career, he did definitely seem a friendly, approachable person.

# 13 Q:

And what you're really saying to this jury is how O.J. Simpson projected himself on that airplane on that evening, correct?

# 14 MR. LEONARD:

Objection.

# 15 THE COURT:

That's sustained.

# 16 Q:

(BY MR. PETROCELLI) Well, you're testifying as to observations based on how Mr. Simpson appeared in a public setting, correct, on an airplane?

# 17 A:

My observations of him were frankly only my observations of him. I guess the only commentary would be what my expectation of him would have been in that he smiled over and seemed approachable, that fit with the public image that I have of him, yes.

# 18 Q:

Okay.

And, of course, you didn't have any clue what he was thinking during that airplane flight, right?

# 19 MR. LEONARD:

Argumentative, calls for speculation.

# 20 THE COURT:

Sustained.

# 21 Q:

(BY MR. PETROCELLI) In other words, you didn't know what was on his mind?

# 22 MR. LEONARD:

Same objection.

# 23 THE COURT:

Sustained.

# 24 Q:

(BY MR. PETROCELLI) He didn't tell you anything about what was on his mind, right?

# 25 A:

He did not.

# 26 Q:

And you only had observations of him during that -- the first hour of the flight, right?

# 27 A:

That is correct, and a couple brief interludes where I -- in the middle of the flight.

# 28 Q:

So --

# 29 MR. LEONARD:

Your Honor, that misstates his testimony. He also testified --

# 30 MR. PETROCELLI:

Excuse me.

# 31 MR. LEONARD:

Well, he's misstating the testimony. He just got done testifying --

# 32 MR. PETROCELLI:

He can answer the questions, Your Honor.

# 33 THE COURT:

Overruled.

# 34 Q:

(BY MR. PETROCELLI) Let's talk about the time that you're on the airplane together, sitting down, okay.

You only made some observations of him in the first hour of the flight, right?

# 35 A:

In terms of describing most of what I saw --

# 36 Q:

Yes.

# 37 A:

-- that was in the first hour.

I guess my commentary, to add on, is that I woke up a couple times and noticed pretty much the same viewpoint. I mean you're on a plane, you're sitting in a seat that -- usually you have a seat belt on, so the scenario didn't really change a lot. And so I saw him a couple times. He didn't seem like anything had changed.

# 38 Q:

You slept for a couple hours of that flight?

# 39 A:

That's correct.

# 40 Q:

And all the times that you managed to look at Mr. Simpson, whether it be during that first hour or a few times in the ensuing hours, you never once saw him sleeping, correct?

# 41 A:

That is correct.

# 42 Q:

And you, of course, are not aware of all the things that he did when you were not looking at him, correct?

# 43 MR. LEONARD:

Objection, that's inane.

# 44 THE COURT:

I'll sustain the objection.

# 45 Q:

(BY MR. PETROCELLI) For example, did you see the pilot, Wayne Stanfield, approach Mr. Simpson?

# 46 A:

I did not observe the pilot have any contact with Mr. Simpson.

# 47 Q:

You saw Mr. Simpson go to the restroom how many times?

# 48 A:

One time.

# 49 Q:

And that's all, right?

# 50 A:

That's correct.

# 51 Q:

And if -- and most of your observations that you testified to are based on that first hour, right?

# 52 A:

That is correct.

# 53 Q:

And you said that you saw him reading a document, in your direct examination.

Do you recall that?

# 54 A:

Yes, I do.

# 55 Q:

In fact, you don't know what he was reading, do you?

# 56 A:

I do not.

# 57 Q:

Okay.

# 58 A:

Just how I described it.

# 59 Q:

You do not know if he was reading anything, do you?

# 60 A:

I smile, because it reminds me of the criminal trial.

But he was glancing at the document and his eyes were going over it, so -- I don't, in fact, know if he was reading, but it appeared -- I would be reading if I were gazing at a document in that way.

KEY QUOTE

# 61 Q:

In other words, what you saw was him looking at paper?

# 62 A:

That's correct.

# 63 Q:

You don't know whether he was focusing, reading, concentrating or what?

# 64 A:

That's correct.

# 65 MR. LEONARD:

Objection, argumentative, calls for speculation.

# 66 THE COURT:

Overruled.

# 67 Q:

(BY MR. PETROCELLI) Okay.

Now, the -- let's focus on some of your other observations regarding his hands.

These observations that you gave in your direct testimony about his hands and whether he had cuts and so forth, were based in that -- were made in that one-hour period of time when, from time to time, you looked at him, right?

# 68 A:

That's correct.

# 69 Q:

When he got on the plane, you did not really have a good view or clear view of his hands, right?

# 70 A:

When he got on the plane, I wasn't looking at his hands at all.

# 71 Q:

When he got off the plane, you were not looking at his hands also, correct?

# 72 A:

That is also correct.

# 73 Q:

Okay.

So all of your observations regarding his hands were made while you are sitting in seat 4A and he is sitting in seat 4D, right?

# 74 A:

Correct.

# 75 Q:

Now, in the criminal trial, you testified that you were able to rotate yourself in your seat, in 4A, sort of against the window, in order to get a good look at him, right?

# 76 A:

Well, I rotated myself in order to be more comfortable in the seat, to use the back of -- the wall of the plane as a headrest. That also gave me a direct view of Mr. Simpson.

# 77 Q:

And you also testified in the criminal trial that in order to facilitate that position, you elevated the seat rest and put your legs out on the seat rest, correct?

# 78 A:

I mentioned that -- in the criminal trial, that I lifted the leg rest in the seat next to me. But in fact that is not the case. There was no leg rest.

To give you a little background --

# 79 Q:

Let me do this question by question.

# 80 A:

All right.

# 81 Q:

And we'll get there. Just want to make sure that your answers are clear.

# 82 A:

Yes.

# 83 Q:

In the criminal trial, when you -- first time you testified to these observations that you're now testifying to were in the criminal trial, correct?

# 84 A:

Correct.

# 85 Q:

And in the criminal trial, you testified that you were able to get a very clear view of Mr. Simpson because you rotated yourself in the position that you have just described and you -- and you put your foot up on the foot rest that comes out from under the seats of that airplane, correct?

# 86 MR. LEONARD:

Objection, argumentative, misstates his testimony.

# 87 THE COURT:

Doesn't sound like it. Overruled.

# 88 Q:

(BY MR. PETROCELLI) Correct, sir?

Just answer yes or no and then I'll ask you the follow-up question.

# 89 MR. LEONARD:

Also compound as phrased.

# 90 STEPHEN VALERIE:

Yeah.

# 91 THE COURT:

Overruled.

Answer.

# 92 A:

I don't know what I'm answering yes to specifically. If you could restate the question. If you're going to use yes or no for me, please make the statement a statement.

# 93 Q:

(BY MR. PETROCELLI) In the criminal trial, did you not testify that you rotated -- leaned in an angle, had your feet up elevated on the leg rest of the other seat as well as your own leg rest, so that you could have just a little bit more leg room, so in that position you could have a pretty clear view of Mr. Simpson throughout the flight?

Did you give that testimony, sir, under oath, in the criminal trial?

# 94 A:

I don't believe those were my exact words but you may be reading those.

# 95 Q:

Well, do you -- page --

# 96 MR. PETROCELLI:

36704, put it on the Elmo, Steve.

# 97 (Transcript displayed on the Elmo.)

# 98 MR. BAKER:

What line?

# 99 MR. PETROCELLI:

Line -- I guess 15, 16, in that area.

# 100 Q:

(BY MR. PETROCELLI) Do you see that testimony, sir?

# 101 THE COURT:

If you hold it still.

# 102 MR. PETROCELLI:

Can you hold it still?

Thank you.

# 103 (Referring to Elmo.)

# 104 Q:

(BY MR. PETROCELLI) In the criminal trial you gave that testimony, correct?

# 105 A:

That's what appears here.

# 106 Q:

Let me follow up.

And then you also gave testimony further on in your criminal trial testimony, page 36744, line 1.

# 107 MR. LEONARD:

744.

# 108 MR. PETROCELLI:

36744.

# 109 MR. LEONARD:

Hold on.

# 110 MR. PETROCELLI:

Sure.

Put it on.

# 111 THE COURT:

Wait a minute. Let Mr. Leonard see it.

# 112 MR. PETROCELLI:

I'm sorry. Tell me when you're ready.

# 113 MR. LEONARD:

Which line are we at?

# 114 Q:

(BY MR. PETROCELLI) And you gave this answer as well -- "Well, prior to that was take off and the foot rest isn't allowed to be up, so my feet were placed on the floor in front of me."

Correct?

# 115 A:

Correct.

# 116 Q:

Now, in fact, sir, that testimony that I just showed you in both places was wrong, correct?

# 117 A:

That is correct.

# 118 Q:

There is -- is no --

# 119 A:

It was wrong.

# 120 Q:

Excuse me.

There is no foot rest on that plane, correct?

# 121 A:

Yes. In fact, there was no leg rest.

# 122 Q:

So you were not able to put your leg out, and extend it, and sit in that position as you watched Mr. Simpson who was directly across from you, because there was no leg rest, right?

# 123 A:

That's not correct. I did sit in that position. And that's what I want to explain. I've flown on American Airlines, documented over 470,000 miles, so -- my normal position in first class is to raise the leg rest, so when I described it that evening -- I remember distinctly leaning over and leaning back and putting my legs over.

And in most cases I would put up a leg rest. So I misspoke. I said there was a leg rest. In fact, I put my leg -- one foot on the seat, the other laying down. You know, this wasn't a constant position, by the way, this was -- this was a position to get more comfortable in those confined seats.

But that was the general direction I was facing and --

# 124 Q:

Just so we get the story straight now, there was no leg rest and you didn't put your leg on a leg rest, correct?

KEY QUOTE

# 125 A:

That is correct.

# 126 Q:

What you said about your observations in the criminal trial was wrong, correct?

# 127 A:

Regarding the leg rest?

# 128 Q:

Correct.

# 129 MR. LEONARD:

Objection, vague. Which observations?

# 130 MR. PETROCELLI:

The ones I just put on the TV monitor, that everybody in the courtroom knows we're talking about.

# 131 THE COURT:

Overruled.

# 132 A:

Specifically regarding the leg rest, I state here today that I misspoke, that there was no leg rest on there, and I only used that commentary to describe the position, and that was based upon my long and number of flights with that airline.

# 133 Q:

(BY MR. PETROCELLI) Well, in fact, as your testimony showed, you mentioned the leg rest in order to support your testimony that you were able to get a straight view of Mr. Simpson, because he was right opposite you in the next seat across the aisle, and you turned yourself, and had your leg up, and you were able to sit there in sort of a prolonged period of time.

# 134 MR. LEONARD:

Objection, argumentative.

# 135 Q:

(BY MR. PETROCELLI) Is that true, sir?

# 136 MR. LEONARD:

Compound.

# 137 THE COURT:

Sustained.

# 138 Q:

(BY MR. PETROCELLI) Now, you also said that that chart is wrong, correct?

# 139 MR. PETROCELLI:

What is it?

# 140 MR. FOSTER:

1160.

MR. P. BAKER: 1180.

# 141 THE CLERK:

1180.

# 142 MR. FOSTER:

1180.

# 143 Q:

(BY MR. PETROCELLI) You said it's wrong because it's not staggered as depicted on that -- on that chart, correct?

That was your testimony in response to Mr. Leonard's questions, correct?

# 144 A:

Yeah, it's inaccurate. The chart is inaccurate.

# 145 Q:

Okay.

And the reason it's inaccurate is 'cause you said Mr. Simpson's seat in 4 -- in 4A was right opposite your seat across the aisle, right?

# 146 MR. LEONARD:

Objection, misstates.

# 147 Q:

Or 4D. Whatever it was. You're in 4A, he's in 4D?

# 148 A:

Correct.

# 149 Q:

Your testimony is you were actually opposite one another, not staggered like that?

# 150 A:

Yeah, my testimony is --

# 151 Q:

Okay?

# 152 A:

-- that this is a diagram from American Airlines and that is a standard -- or even from Boeing, potentially, and basically it is a standard configuration, but each airline can modify those seats in their own way.

# 153 Q:

Why don't we look at this picture, sir.

# 154 MR. LEONARD:

May I see that?

# 155 MR. PETROCELLI:

Yeah.

What exhibit?

# 156 MR. FOSTER:

Next in order.

# 157 THE CLERK:

Next 2262. The photograph.

# 158 Q:

(BY MR. PETROCELLI) Let me show you this photograph, sir, of the first class cabin.

# 159 MR. BAKER:

I object. He can show him the photograph, not his representations of what it is.

# 160 THE COURT:

Overruled.

# 161 (Witness views photograph.)

# 162 Q:

(BY MR. PETROCELLI) That look like the cabin that you sat in that night?

# 163 A:

I have no way to tell.

# 164 Q:

You would agree, sir, that these seats are staggered?

# 165 A:

Yeah, I would say in that photo they look staggered.

# 166 Q:

You would agree that the seats in row 4 are staggered, and are not opposite one another, sir?

# 167 A:

Yeah. I would say they look staggered.

I mean this is a two-dimensional illustration. I'd say it looks staggered by maybe 8 or 10 inches in that photo.

# 168 MR. BAKER:

I'm going to object -- object.

# 169 MR. LEONARD:

Objection, no foundation.

# 170 THE COURT:

Well, receive it subject to motion to strike.

I presume you are going to be able to lay a foundation.

# 171 MR. PETROCELLI:

Yes, Your Honor.

# 172 MR. LEONARD:

Hold on.

# 173 MR. PETROCELLI:

The ensuing witnesses in the criminal trial testified as to these photographs.

# 174 MR. LEONARD:

Your Honor, I object.

# 175 THE COURT:

Sustained.

# 176 MR. PETROCELLI:

Let's approach.

# 177 THE COURT:

Okay. Bring the transcript.

Temperature

tense

Key Quotes (4)

Stephen Valerie

I smile, because it reminds me of the criminal trial.

Self-aware aside when pressed on whether he actually saw Simpson reading versus just looking at paper — signals the witness has been through this before and expects the same lines of attack.

Stephen Valerie

That is correct. It was wrong.

Clean admission that his criminal trial testimony about the leg rest was factually incorrect — the core impeachment of his direct testimony.

Stephen Valerie

I've flown on American Airlines, documented over 470,000 miles, so -- my normal position in first class is to raise the leg rest, so when I described it that evening -- I remember distinctly leaning over and leaning back and putting my legs over.

Valerie's attempt to explain away the false testimony by attributing it to habit and muscle memory from frequent flying — an unusual mitigation strategy.

Daniel Petrocelli

Just so we get the story straight now, there was no leg rest and you didn't put your leg on a leg rest, correct?

The culminating question driving home the impeachment after the witness's lengthy explanation.

Evidence (3)

Exhibit 1180

Seating chart of the airplane cabin showing first class configuration

Challenged by witness as inaccurate — he testified seats were directly opposite, not staggered as depicted

Exhibit 2262

Photograph of the first class airplane cabin

Introduced by Petrocelli; witness agreed the photo showed staggered seats; received subject to motion to strike pending foundation

Informal

Criminal trial transcript, page 36704 and page 36744 — Valerie's prior testimony about the leg rest and seating position

Displayed on Elmo to impeach witness's current account

Notable Exchanges (3)

Daniel Petrocelli•Stephen Valerie

Petrocelli methodically walks Valerie through his criminal trial testimony about using a leg rest to observe Simpson, then forces him to admit the leg rest did not exist on the aircraft — a direct prior inconsistent statement impeachment.

strategic

Dan Leonard•Daniel Petrocelli

Leonard interrupts mid-answer to object that Petrocelli is misstating testimony while the witness is still answering; Petrocelli pushes back that the witness can answer for himself; overruled.

heated

Daniel Petrocelli•Stephen Valerie

Petrocelli presses on whether Valerie actually saw Simpson 'reading' versus merely looking at paper; Valerie's self-aware reference to the criminal trial suggests he expected the challenge.

strategic

Light Moments (1)

Stephen Valerie

Witness smiles and remarks 'it reminds me of the criminal trial' when pressed on whether Simpson was really reading or just holding paper.

Credibility Attacks (2)

⚔ Stephen Valerie

prior inconsistent statement

Petrocelli used Valerie's criminal trial testimony (pages 36704 and 36744) to establish that he had described using a leg rest to position himself for viewing Simpson — then established through Valerie's own admission that no leg rest existed on the aircraft, forcing him to concede his prior sworn testimony was wrong.

⚔ Stephen Valerie

scope of observation

Petrocelli established that the bulk of Valerie's observations occurred in the first hour of the flight, that he slept for part of the trip, and that he was not watching Simpson continuously — limiting the evidentiary weight of his hand and demeanor observations.

Witness Demeanor

(Witness smiles when pressed about whether Simpson was actually reading)

(Witness provides lengthy, explanatory answers rather than yes/no, prompting Petrocelli to ask him to answer question by question)

Objections

15 objections (6 sustained, 8 overruled)

Proceeding 8619 • 177 utterances • Defense witness

Civil Trial

Department 103