Recross-examination of Ronald A. Fischman

📄 Recross-examination of Ronald A. Fischman — Wednesday, December 4, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\4\RECROSS-EXAMINATION-OF-RONALD-.DOC

TRIAL

▲ Day 25 of 57

◀ Redirect examination of Ronald A. Fischman Exhibit admitted; recess ▶

Witness: Ronald Fischman
Examiner: Michael Brewer
Called by: Defense • Date: Wednesday, December 4, 1996 • Utterances: 20

Dan Leonard recrossed Dr. Fischman about OJ Simpson's descriptions of Nicole's erratic behavior during therapy. After initial objections and a stricken non-answer, Fischman clarified that Simpson was describing Nicole's inconsistent attitude toward their relationship — phone calls, interactions, communication, and whether they would be together — framing it as a relationship coming apart.

# 1 THE COURT:

Recross.

RECROSS-EXAMINATION BY MR. LEONARD:

# 2 Q:

Dr. Fischman, when Mr. Simpson was talking to you about his frustration at Nicole's erratic behavior, he was -- he was telling you that sometimes she wouldn't return his phone calls, sometimes she was cold, and other -- sometimes she was fine; isn't that what he was telling you, sir, and that's why it was erratic, correct?

# 3 MR. BREWER:

Objection, misstates the testimony.

# 4 THE COURT:

I'm going to sustain it. It sounds like you're testifying.

KEY QUOTE

# 5 Q:

(BY MR. LEONARD) Tell us what you understood, what he told you when he was talking about erratic behavior, sir.

# 6 MR. BREWER:

Asked and answered.

# 7 MR. LEONARD:

Based on -- he opened it up again.

# 8 THE COURT:

Overruled.

Answer if you can.

# 9 A:

You know, we're talking about two people who are having a difficult relationship.

KEY QUOTE

# 10 THE COURT:

That's not an answer.

# 11 MR. BREWER:

Move to strike.

# 12 THE COURT:

Stricken.

# 13 A:

Repeat the question, please.

# 14 Q:

(BY MR. LEONARD) The question is describe for the jury what Mr. Simpson was describing for you when he told you that Nicole's behavior was erratic.

# 15 A:

He was describing her attitude towards him.

# 16 Q:

Okay.

And if you could -- if you could tell us in a little bit more detail what he was telling you that -- that when he was describing her erratic behavior?

# 17 A:

The erratic behavior revolved around those issues that have been discussed; the phone calls, the interactions, the communication, whether they would be together or not be together. The relationship was coming apart.

KEY QUOTE

# 18 Q:

Thank you very much. I appreciate that.

# 19 MR. BREWER:

Nothing further.

# 20 THE COURT:

Your're excused. Thank you.

Temperature

procedural

Key Quotes (3)

Hiroshi Fujisaki

I'm going to sustain it. It sounds like you're testifying.

Judge rebukes Leonard for leading/argumentative questioning rather than eliciting the witness's own recollection.

Witness

You know, we're talking about two people who are having a difficult relationship.

Fischman tries to deflect with a vague characterization; judge strikes it as non-responsive.

Witness

The erratic behavior revolved around those issues that have been discussed; the phone calls, the interactions, the communication, whether they would be together or not be together. The relationship was coming apart.

The substantive answer Leonard was after — contextualizing Simpson's complaints as generic relationship strain rather than threatening fixation.

Notable Exchanges (1)

Hiroshi Fujisaki•Witness

Fischman gave a vague non-answer ('two people having a difficult relationship') and the judge immediately called it out as not responsive, then struck it on Brewer's motion.

terse

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 8458 • 20 utterances • Defense witness

Civil Trial

Department 103