Redirect examination of Albert Aguilera

📄 Redirect examination of Albert Aguilera — Tuesday, December 3, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\3\REDIRECT-EXAMINATION-OF-ALBERT.DOC

TRIAL

▲ Day 24 of 57

◀ Redirect examination of Albert Aguilera (part 2) Sidebar: testimony reopening ▶

Witness: Albert Aguilera
Examiner: John Kelly
Called by: Plaintiff • Date: Tuesday, December 3, 1996 • Utterances: 40

Plaintiff's counsel John Kelly conducts a brief redirect of Albert Aguilera, who testified about observations he made at Victoria Beach in early July 1986. Kelly rehabilitates the witness on three points raised in cross: the basis for Aguilera's date recollection, the unavailability of his corroborating witness Art Sorce (who died in 1989), and the limited public access to the area where Aguilera made his observations.

# 1 Q:

Mr. Aguilera, have you ever made a nickel from anyone or anything with regard to your observations that day in July, 1986?

# 2 A:

No.

# 3 Q:

Okay.

With regard to July 4th in '86, do you recall what day of the week that was on?

# 4 A:

Saturday.

# 5 Q:

And were you even in Blue Lagoon where you were living at the time, on that day, July 4th?

# 6 A:

No.

# 7 Q:

Do you recall when you had left there that early July, 1986?

# 8 A:

I left about Thursday.

# 9 Q:

Okay.

And is that why you can remember now what date it was that you made those observations?

# 10 MR. BAKER:

Leading and suggestive.

# 11 A:

Yes.

# 12 THE COURT:

Sustained.

# 13 Q:

(BY MR. KELLY) Do you have any reason you specifically recall what date it would have been you made these observations?

# 14 A:

Yes. When Art and I were walking on the beach, one of the things we were talking about was whether I was going to stick around for the 4th. I told him I didn't think so.

KEY QUOTE

# 15 Q:

Now, Mr. Baker also made reference to this friend of yours who was unavailable to testify here today -- that you were walking along with that day.

What was his name again?

# 16 A:

Art Sorce.

# 17 Q:

Is he, in fact, unavailable to testify here at this time, before the ladies and gentlemen of the jury?

# 18 A:

Yes.

# 19 Q:

And why is that?

# 20 A:

He passed away.

# 21 Q:

How long ago?

# 22 A:

In 1989.

# 23 Q:

Okay.

And also, you were asked about testifying a certain way because you had learned of Mr. Simpson engaging in a charity softball event, or something on the 4th of July, correct?

# 24 A:

Yes.

# 25 Q:

Have you ever learned anything, at any time, about any of Mr. Simpson's activities, prior to your testifying here?

# 26 A:

No.

# 27 Q:

Okay.

And one last thing: You were asked about whether at Victoria Beach there is -- it is crowded or not.

First of all, did you observe any other people on the beach that day, at that time when you made those observations?

# 28 A:

Mainly, there was 8 to 10 people on the beach that day.

# 29 Q:

Was there anyone closer, that you could see?

# 30 A:

No.

# 31 Q:

Now, is there any public access to Victoria Beach where you made those observations?

# 32 A:

At the north end of the beach, yes.

# 33 Q:

Okay.

But in the area you made these observations, is that --

# 34 A:

Pretty much from the homes that are right on the beach.

# 35 Q:

Okay.

There's no public parking there either?

# 36 A:

No.

# 37 Q:

And was it your experience, down there, that this was generally not too crowded an area during the week on that beach?

# 38 A:

During the week, yes.

# 39 Q:

Okay.

# 40 MR. KELLY:

I have no further questions.

Temperature

procedural

Key Quotes (3)

Albert Aguilera

When Art and I were walking on the beach, one of the things we were talking about was whether I was going to stick around for the 4th. I told him I didn't think so.

Explains how Aguilera fixes the date of his observations — the 4th of July served as a reference point in conversation.

Albert Aguilera

He passed away. In 1989.

Explains why corroborating witness Art Sorce cannot testify — neutralizes the cross-examination implication that Sorce was being hidden or was otherwise available.

Albert Aguilera

No.

Denies ever profiting from his observations, addressing any implied financial motive for testifying.

Notable Exchanges (1)

John Kelly•Albert Aguilera

Kelly walks through the beach access and crowd conditions at Victoria Beach to establish that Aguilera's vantage point was relatively private — limited public parking, access only at north end, 8-10 people total with no one closer.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8428 • 40 utterances • Plaintiff witness

Civil Trial

Department 103