Direct examination of Randall Petee (part 2)

📄 Direct examination of Randall Petee (part 2) — Wednesday, December 4, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\4\DIRECT-EXAMINATION-OF-RANDALL-.DOC

TRIAL

▲ Day 25 of 57

◀ Sidebar: Randall Petee witness status Redirect examination of Randall Petee (part 1) ▶

Witness: Randy Petee
Examiner: Peter Gelblum
Called by: Defense • Date: Wednesday, December 4, 1996 • Utterances: 121

Plaintiffs' investigator Randall Petee testified about a time-and-mileage study he conducted driving three different routes from 875 South Bundy to 360 North Rockingham in a 1994 Honda Accord. He drove each route twice — once obeying all speed limits and stop signs, and once at accelerated speeds — finding that at accelerated speeds, the fastest route (Route 1) took approximately four minutes and six seconds total.

# 1 (The following proceedings were held in open court, in the presence of the jury.)

# 2 Q:

(BY MR. GELBLUM) What did you do on Sunday night, Mr. Petee?

# 3 A:

I was given an assignment to conduct a time-and-mileage check to determine travel time and mileage from 875 South Bundy to 360 North Rockingham.

# 4 Q:

Okay.

And what kind of car were you driving?

# 5 A:

A 1994 Honda Accord.

# 6 Q:

How many cylinders is that?

# 7 A:

Four cylinders.

# 8 Q:

Are you familiar with this area, with these routes?

# 9 A:

No, I am not.

# 10 Q:

And did you drive several different routes from 875 South Bundy to 360 North Rockingham?

# 11 A:

Yes.

# 12 Q:

And did you drive at different speeds?

# 13 A:

Yes.

# 14 Q:

And did you record the time and mileage for each route that you took?

# 15 A:

Yes.

# 16 Q:

Okay.

There should be a pointer right in front of you there, sir.

Could you -- would you take that and step over to the board we've put up, which is exhibit next in order, 2227.

(The instrument herein referred to

as a board entitled Map of Brentwood Area was marked for identification as Plaintiffs' Exhibit No. 2227.)

# 17 Q:

(BY MR. GELBLUM) Can you describe -- how many different routes did you drive, sir?

# 18 A:

There was a total of three routes.

# 19 Q:

Okay.

Can you show the jury -- use the pointer and the map, Exhibit 2227 -- the first route that you took.

# 20 A:

The first route?

# 21 Q:

The red dot, down towards the lower right is 875 South Bundy, and the dot up at the top left is 360 North Rockingham.

# 22 A:

Starting on Dorothy Street --

# 23 Q:

You can extend that pointer so you can stand around so the jurors can see.

A? Starting on Dorothy Street, just west of Bundy Drive, and at the north-south alley that serves the rear of 875 Bundy, I traveled eastbound to Bundy, turned right; now, travel southbound on Bundy to Mayfield, making a right turn on Mayfield.

# 24 Q:

Did you -- could you trace that on the map, sir.

# 25 A:

Down here.

# 26 (Witness indicates route taken on Exhibit 2227.)

# 27 Q:

Making a right turn on Mayfield, traveling westbound to Gretna Green, making another right-hand turn, now traveling all the way to San Vicente.

At San Vicente, I made a left-hand turn, traveling westbound, to Avondale, A-V-O-N-D-A-L-E.

From Avondale, I traveled northbound. It doesn't show on the map here, but Avondale merges into Rockingham.

# 28 Q:

Is that merger north or south of Sunset?

# 29 A:

It merges south, south of Sunset.

# 30 Q:

Okay.

# 31 A:

Once I was on Rockingham, after the merge, I traveled to Sunset. It's not shown on the map, but it should be in this general area here. (Indicating.)

# 32 Q:

Up to the left side of the map?

# 33 A:

Right.

I traveled -- I turned right now, traveling eastbound on Sunset, and I stopped at -- there's a barricade that is now in place on the north side of Sunset at Rockingham.

# 34 Q:

Can you point that out, that location on the map?

# 35 A:

The barricade would be right here. (Indicating.)

# 36 Q:

And does that barricade prevent entrance onto Rockingham from Sunset?

# 37 A:

Yes, it does.

# 38 Q:

Okay.

What did you do once you got there?

# 39 A:

That was my first route. I traveled that route the first time at the speed limit. Second time I did it at accelerated speeds.

# 40 Q:

When you say the speed limit, were you literally driving at the posted speed limits, sir?

# 41 A:

Yes, I was.

# 42 Q:

And what are the speed limits in the area you were driving in?

# 43 A:

On Dorothy, it's not posted. Residential streets that are not posted, the speed limit is 25.

Bundy, it's 30 miles -- 30 miles an hour in the area that I traveled. It does change in different parts, but it was 30 miles posted just south of -- I mean on Bundy, just south of Mayfield.

Traveling to Gretna Green, it's also 25. But when you come up to the three -- the first three streets, there's a 15-mile-an-hour marking for speed bumps, which are not on the street at this time. I don't know if they were there or they're going to be installed there.

Continuing on, 25, going up Gretna Green, there's a school located right here (indicating), so the speed limit is 25 miles an hour because of the school.

And then on San Vicente, it's 35 miles an hour. I believe it's posted three times from Gretna Green to Avondale, as soon as you turn onto Avondale, it's posted 25.

Traveling up Avondale to Rocking -- I mean to Rockingham, I don't recall seeing any other posted signs. But from the merge at Rockingham to Sunset, there's four speed bumps where they are posted at 20 miles -- at 15 miles an hour.

Traveling onto Sunset, Sunset is a 35 -- it is posted 35, but some of the curves, it's down, posted at 25.

# 44 Q:

And you actually traveled that at or below all those speed limits?

# 45 A:

Yes.

# 46 Q:

On the one -- one time you did it?

# 47 A:

Yes.

# 48 Q:

Okay.

And did you stop at all stop signs?

# 49 A:

Yes, I did.

# 50 Q:

Full stops?

# 51 A:

Yes.

# 52 Q:

Okay.

And did you time how long it took you to do that route at the speed limits and stopping at the stop signs?

# 53 A:

Yes.

# 54 Q:

How long did it take you?

# 55 A:

I believe it was five minutes and 51 seconds.

KEY QUOTE

# 56 Q:

Did you make some notes?

# 57 A:

Yes, I did. MR. GELBLUM: I'd like to mark next in order, Exhibit 2228, Your Honor.

(The instrument herein referred to

as Notes prepared by Mr. Petee was marked for identification as Plaintiffs' Exhibit No. 2228.)

# 58 Q:

(BY MR. GELBLUM) Are these the typed-up version of the notes you made?

# 59 A:

Yes.

# 60 Q:

Now, did you do that same -- did you do that same route not obeying the speed limits?

# 61 A:

Yes, I did.

# 62 Q:

And how fast did you go?

# 63 A:

My speeds fluctuated due to acceleration, deceleration, coming to stop signs, curvatures in the roadway. And just the roadway itself would allow faster speeds than on other parts of the roadway.

I traveled on the accelerated speeds, I would say, in the residential areas, between 30 to 45 miles an hour. On San Vicente, I was able to get up to 60 miles an hour.

# 64 Q:

Were you going as fast as you possibly could?

# 65 A:

No.

# 66 MR. GELBLUM:

Can I ask for immunity for this witness, Your Honor, breaking the speed limit?

KEY QUOTE

# 67 MR. BAKER:

Absolutely not.

# 68 (Laughter.)

# 69 Q:

(BY MR. GELBLUM) And did you come to full stops at the stop signs when you were doing the route in that manner?

# 70 A:

No.

# 71 Q:

Did you stop at all?

# 72 A:

Yes.

# 73 Q:

Slow down?

# 74 A:

I slowed down there. I guess can you call them rolling stops.

# 75 Q:

Okay.

And traveling in that manner on this first route that you've described, up Avondale, how long did that take you to get to the barricade at Rockingham?

# 76 A:

That took me three minutes and 31 seconds, approximately.

# 77 Q:

How were you timing yourself?

# 78 A:

With a stopwatch.

# 79 Q:

Did you then continue on to 360 North Rockingham?

# 80 A:

Yes.

# 81 Q:

How did you do that?

# 82 A:

This was the first route of travel, so it had to be broken down in two parts. So after I completed the speed-limit test, and then the accelerated speed, I had to move -- position my vehicle around to Rockingham, and I backed up into the barricade -- that's, again, located on Sunset and Rockingham -- and I conducted a test from the barricade up to 360 Rockingham.

# 83 Q:

And how many times did you do that?

# 84 A:

I did that three times.

# 85 Q:

And did you do that again at the speed limit and breaking the speed limit?

# 86 A:

Yes.

# 87 Q:

And how long did it take you at the speed limit?

# 88 A:

At the speed limit, it took me approximately 46 seconds.

KEY QUOTE

# 89 Q:

Okay.

Then you went the faster the method?

# 90 A:

Yes. Traveling that, 46 seconds.

I stopped the stopwatch at Rockingham and Ashford.

Then my second test at accelerated speeds, which was approximately 35 seconds, I stopped the stopwatch at this starting point, being at Sunset and Rockingham, to the Rockingham gate.

Again, that took me approximately 35 seconds.

And then I get I did a third test, again starting at the same starting point to the Ashford gate. And that took me approximately 37 seconds.

# 91 Q:

Okay.

So, on the -- combining the two segments of this trip at the accelerated speeds, what was the total time from 875 South Bundy to 360 North Rockingham?

# 92 A:

I didn't -- I don't have the -- I did not add it up.

# 93 Q:

The first time is three minutes and 31 seconds, right?

# 94 A:

Right.

# 95 Q:

And the second was about 35 seconds?

# 96 A:

Right.

# 97 Q:

So, I believe 406?

# 98 A:

Approximately four minutes and six seconds.

# 99 Q:

There's a dead stop at the barrier at Rockingham?

# 100 A:

Yes.

# 101 Q:

Do you know whether that barrier was there in June of 1994?

# 102 A:

No, I do not.

# 103 Q:

Now, did you take a a second route?

# 104 A:

Yes, I did.

# 105 Q:

Can you just trace that route for the jury.

# 106 A:

Second route, again starting at the same starting point on Dorothy at the alleyway, traveling again to Bundy, southbound on Bundy to Mayfield, westbound on Mayfield to Gretna Green, northbound on Gretna Green to San Vincenti, westbound on San Vincenti to Bristol.

And if I can find Bristol, right here. (Indicating.)

And then right turn onto Bristol, now traveling northbound through Sunset to Highwood, and then a left turn. Now westbound on Highwood to Rockingham, and then to 360 Rockingham.

# 107 Q:

Did you drive that both at the speed limit -- in the speed-limit manner and in the accelerated manner?

# 108 A:

Yes.

# 109 Q:

How long did the speed-limit manner take you?

# 110 A:

I'll check my notes.

The speed limit, it took me approximately five minutes and 35 seconds.

The accelerated speeds, it took me approximately four minutes and three seconds.

# 111 Q:

Okay.

And did you take a third route?

# 112 A:

Yes, I did.

# 113 Q:

Can you trace that for the jury.

# 114 A:

Third route, starting at the same starting point, traveling eastbound on Dorothy to Bundy, southbound on Bundy to Mayfield, westbound on Mayfield to Gretna Green, northbound on Gretna Green to San Vicente, westbound on San Vicente to Cliffwood, here (indicating), right turn onto Cliffwood, traveling northbound through Sunset, stopping at Highwood, making a left-hand turn to Rockingham, and then up to 360 North Rockingham.

# 115 Q:

And did you take that route both at the speed limit and at the accelerated speeds?

# 116 A:

Yes, I did.

# 117 Q:

How long did each of those take you?

# 118 A:

The speed limit took me approximately six minutes and nine seconds. The accelerated speed, four minutes and two seconds.

# 119 Q:

What time -- what was the time frame that you drove these routes on Sunday night?

# 120 A:

I started the assignment at approximately 10 o'clock, and I finished at around midnight.

# 121 MR. GELBLUM:

I have no further questions.

Temperature

procedural

Key Quotes (4)

Randall Petee

At the speed limit, it took me approximately 46 seconds.

The Bundy-to-Rockingham segment after the barricade was very short, reinforcing the prosecution/plaintiff argument that the drive was feasible within the timeline.

Randall Petee

I traveled on the accelerated speeds, I would say, in the residential areas, between 30 to 45 miles an hour. On San Vicente, I was able to get up to 60 miles an hour.

Establishes the upper bound of speed tested — not maximum possible, but clearly faster than legal.

Peter Gelblum

Can I ask for immunity for this witness, Your Honor, breaking the speed limit?

Rare moment of courtroom humor from plaintiffs' counsel; lightened testimony about speeding.

Randall Petee

I believe it was five minutes and 51 seconds.

Speed-limit baseline for Route 1 — the fastest route at legal speeds still under 6 minutes.

Evidence (2)

Plaintiffs' 2227

Map of Brentwood Area used to trace routes from Bundy to Rockingham

introduced and used by witness to demonstrate routes

Plaintiffs' 2228

Typed notes prepared by Petee recording time and mileage data for each route

introduced

Notable Exchanges (1)

Peter Gelblum•Robert Baker

Gelblum jokingly asked the judge for immunity for Petee for speeding; Baker immediately objected 'Absolutely not,' drawing laughter.

light

Light Moments (1)

Peter Gelblum

Gelblum asked for immunity for his own witness for breaking speed limits during the test; Baker shot it down immediately to laughter.

Witness Demeanor

(Witness indicates route taken on Exhibit 2227.)

(Laughter.)

Objections

None recorded

Proceeding 8483 • 121 utterances • Defense witness

Civil Trial

Department 103