Redirect examination of Randall R. Petee

📄 Redirect examination of Randall R. Petee — Thursday, December 5, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\5\REDIRECT-EXAMINATION-OF-RANDAL.DOC

TRIAL

▲ Day 26 of 57

◀ Jury instruction: Nancy Ney testimony Cross-examination of Randall R. Petee ▶

Witness: Randy Petee
Examiner: Robert Baker
Called by: Defense • Date: Thursday, December 5, 1996 • Utterances: 96

Baker continued cross-examining Randall Petee, a former LAPD officer employed by Grailey and Associates (working for the plaintiffs' law firm), about the instructions he received before conducting driving experiments along the alleged murder route from 875 South Bundy to 360 North Rockingham. Baker pressed Petee on whether he was told to drive as fast as possible and whether he understood time was crucial to the plaintiffs' case, with Petee ultimately conceding he 'could have done it faster.'

# 1 THE COURT:

Okay. Thank you.

RANDALL R. PETEE, the witness on the stand at the time of the adjournment on Wedensday, December 4, 1996, having been previously duly sworn, was examined and testified further as follows:

# 2 THE CLERK:

You are still under oath.

And would you please state your name again for the record.

# 3 RANDY PETEE:

Randall R. Petee.

CROSS-EXAMINATION (Continued) BY MR. BAKER:

# 4 Q:

Mr. Petee, you brought with you the instructions that you received, I guess, on November 27, 1996 from the Law Offices of Mitchell, Silberberberg & Knupp.

# 5 A:

Yes.

# 6 Q:

And you received also, I take, it besides these written instructions. Do you have those in front of you?

# 7 A:

Yes.

# 8 Q:

Next in order is 2229?

# 9 THE CLERK:

2228.

# 10 MR. GELBLUM:

No, 9.

# 11 MR. BAKER:

I think 2228.

# 12 THE CLERK:

You're right.

# 13 (The instrument herein referred to as Copy of a fax dated November 27, 1996 was marked for identification as Plaintiffs' Exhibit No. 2229.)

# 14 Q:

(BY MR. BAKER) You also received oral instructions besides the written instructions, 2229, correct?

# 15 A:

Yes.

# 16 Q:

And the oral instructions you received indicated -- strike that.

Who gave you these oral instructions for this event that you entered into Sunday night?

# 17 A:

I spoke with Mr. Gelblum and I spoke with Mr. Foster.

# 18 Q:

Your written instructions didn't include --

# 19 MR. BAKER:

Well, pull it up to the top, will you, Phil.

# 20 (Indicating to Exhibit 2229 on the Elmo screen.)

# 21 Q:

It says November 27, 1996. 10:43. It says the fifth and Petrocelli.

Did you ever speak to Mr. Petrocelli about this?

# 22 A:

No.

# 23 Q:

It was last Wednesday that you received this fax?

# 24 A:

That's correct.

# 25 Q:

And before you received the fax, did you have a phone conversation with Mr. Gelblum and Mr. Foster?

# 26 A:

I believe I had spoke with Mr. Gelblum.

# 27 Q:

All right.

And did he tell you that you were to make two trips on each one of the routes set forth in the document?

# 28 MR. BAKER:

You can back it up a little bit, Phil, 2229.

# 29 A:

With Mr. Gelblum?

# 30 Q:

(BY MR. BAKER) Yes, sir.

# 31 A:

No.

# 32 Q:

So when you got this document, you didn't know you were to make one trip at the speed limit and then another trip where you'd go as fast as 60 miles an hour on San Vicente?

# 33 A:

Yes, I did.

# 34 Q:

Who told you that?

# 35 A:

Mr. Foster.

# 36 Q:

Oh, you spoke with Mr. Foster first?

# 37 A:

No.

# 38 Q:

Well, tell me what Mr. Foster told you to do.

Did he tell you time was of the essence in this case?

# 39 A:

No, he did not say that.

# 40 Q:

Did he tell you he needed you to get -- as fast as you could, get from 875 South Bundy to 360 North Rockingham, and not go down Ashford, or words to that effect?

# 41 A:

We discussed that I was to do these routes in an accelerated but reasonable speed.

KEY QUOTE

# 42 Q:

Now, maybe you didn't understand my question.

My question was, did Mr. Foster tell you that you were to try to get from 875 South Bundy to 360 North Rockingham as quickly as you could because time was extremely important in this case, or words to that effect?

# 43 A:

He did not say that time was of the essence.

# 44 Q:

Well, certainly you knew, from being at Grailey and Associates with the other former LAPD officers who investigated this case as a criminal case, as well as investigated this case as a civil case, that time line was crucial, correct?

# 45 A:

I just completed the assignment.

# 46 Q:

I didn't ask you what you completed. I asked you whether or not you knew, because your co-workers, as well as yourself, have been employed by the Mitchell, Silberberg firm, and you knew that time and time line was of the essence, before you ever got this assignment. Isn't that true, sir?

# 47 A:

That I knew that?

# 48 Q:

Yes, sir; that you knew that before you got in your car on Sunday night, December 2, first -- and started this exercise that you have described here.

# 49 MR. GELBLUM:

Objection. Vague, time of the essence, time is of the essence. I'm not sure what that means. He was told to drive it in time.

# 50 MR. BAKER:

Well, I object.

# 51 THE COURT:

Excuse me. Objection's overruled.

Defense may inquire as to the state of mind of this witness as he carried out his assignment.

# 52 MR. BAKER:

May the court reporter read the question and the witness be directed to answer?

# 53 THE COURT:

Yes.

You can't remember it?

# 54 MR. BAKER:

I can remember it.

# 55 THE COURT:

Be faster if you just restated it, Mr. Baker.

# 56 MR. BAKER:

It's tough to remember even the last question at my age.

KEY QUOTE

# 57 (Laughter.)

# 58 Q:

(BY MR. BAKER) Now, by the way, I wore this tie for you, Mr. Petee: Got a lot of clocks on it.

KEY QUOTE

# 59 (Laughter.)

# 60 A:

Thank you.

# 61 Q:

(BY MR. BAKER) Now, you were well aware, before you started your car to complete this assignment on December 1, 1996, that time was crucial in the success of this case if the plaintiffs are to prevail, and that is the time that anybody can get from 875 South Bundy to 360 North Rockingham, correct?

# 62 A:

I was aware of that part of the investigation.

# 63 Q:

And unaware that it was crucial, correct, sir? That is, the elapsed time from 875 South Bundy to 360 Rockingham, correct?

# 64 A:

Yes.

# 65 Q:

And you were told, for example, that in the Avondale run, that you were supposed to make a left turn before you slowed down, enough so you'd safely be able to make a turn without having made the tires of a Bronco squeal, or without drawing attention of others possibly around.

That's what you were told; you were supposed to go as fast as you could, without making the tires squeal, right?

# 66 MR. GELBLUM:

Objection. Misstates what the document says.

# 67 MR. BAKER:

I'm asking a question, Your Honor.

# 68 MR. GELBLUM:

It doesn't say "as fast as you can."

# 69 MR. BAKER:

You know, I can read. I can also ask a question.

I would appreciate it if he has an objection, that he state the legal objection, instead of arguing.

# 70 THE COURT:

Same objection. The document doesn't ask what you state.

# 71 Q:

(BY MR. BAKER) You were told to go as fast as you could, without squealing the tires, right?

# 72 A:

No.

# 73 Q:

Mr. -- you have no instructions on there about making two trips, right?

# 74 A:

That's correct.

# 75 Q:

And those instructions were, of course, given to you before you got the written instructions that you were going to make the two trips, correct?

# 76 A:

I'm not sure.

# 77 Q:

Let me see if I've got the time frame straight. And that is, you talked to Foster before -- Mr. Steve Foster before you got this memorandum, 2229?

# 78 MR. PETROCELLI:

1129.

# 79 MR. GELBLUM:

That's the exhibit number.

# 80 MR. PETROCELLI:

Oh, I'm sorry. I'm referring to the date. Excuse me.

# 81 A:

I don't recall if I talked to him before I received the document or after.

# 82 Q:

(BY MR. BAKER) Now, in terms of your conversation with Mr. Foster, did you then tell him this is not the quickest way to get to -- from 875 South Bundy to 360 North Rockingham?

# 83 A:

No.

# 84 Q:

Well, you knew time was crucial; and you knew that you were told to go a certain route; that is, have your car parked headed east on Dorothy, then go south to the first street that you could turn on, and then go up Gretna Green, correct, so you're going south, and then turning around and heading straight north. You did that, did you not?

# 85 MR. GELBLUM:

Objection. This was all covered yesterday. Asked and answered.

# 86 MR. BAKER:

No, it was objected to.

# 87 THE COURT:

See if you can complete this.

# 88 Q:

(BY MR. BAKER) In any event, you talked to Mr. Gelblum, you talked to Mr. Foster. You looked at 228 or 229 [sic], the instructions, and you went out there and you made two runs. And you tried to do it on the second run as fast as you could do it, because you knew time was crucial, correct?

# 89 A:

I could have done it faster than what I've done.

KEY QUOTE

# 90 Q:

And you also knew that if you were going to get -- you were in a hurry to get from 875 South Bundy to 360 North Rockingham, you would not go south on Bundy, didn't you, sir?

# 91 A:

Did I know that?

# 92 Q:

Yes.

# 93 A:

No.

# 94 Q:

You thought that would probably be the most direct route, to go north? You first start south; is that what you thought?

# 95 A:

I followed the assignment.

# 96 MR. BAKER:

Thank you. Nothing further.

REDIRECT EXAMINATION. BY MR. GELBLUM:

Temperature

tense

Key Quotes (4)

Petee

I could have done it faster than what I've done.

Baker's key concession — undermines the reliability of the timed driving test as a representation of what was possible

Baker

Now, by the way, I wore this tie for you, Mr. Petee: Got a lot of clocks on it.

Rare moment of courtroom levity; Baker using humor to underscore the timeline theme of his cross

Petee

We discussed that I was to do these routes in an accelerated but reasonable speed.

Petee's characterization of his instructions — Baker spent the examination trying to show 'accelerated but reasonable' was effectively 'as fast as possible'

Baker

It's tough to remember even the last question at my age.

Self-deprecating humor that drew laughter; humanized Baker while also subtly slowing the pace

Evidence (1)

Plaintiffs' Exhibit No. 2229

Copy of a fax dated November 27, 1996 from Mitchell, Silberberg & Knupp with written driving instructions for Petee

Marked for identification, displayed on Elmo screen, examined in detail

Notable Exchanges (3)

Baker•Gelblum

Gelblum objected that Baker was misstating Exhibit 2229 by saying it told Petee to go 'as fast as you can.' Baker fired back: 'I can read. I can also ask a question. I would appreciate it if he has an objection, that he state the legal objection, instead of arguing.'

heated

Baker•Petee

Baker pressed Petee on whether he knew the southward route on Bundy was not the fastest way to get to Rockingham; Petee deflected repeatedly with 'I followed the assignment,' eventually admitting he could have driven faster.

strategic

Baker•Fujisaki

Baker asked the court reporter to re-read a question; Fujisaki suggested it would be faster if Baker just restated it, prompting Baker's joke about his age and memory.

light

Light Moments (2)

Baker

Baker told Petee he wore a tie covered in clocks specifically for him, drawing laughter from the courtroom.

Baker

Baker quipped 'It's tough to remember even the last question at my age' when Fujisaki suggested he restate rather than have the reporter re-read.

Credibility Attacks (2)

⚔ Randall Petee

bias / organizational bias

Baker established that Petee and his colleagues at Grailey and Associates were employed by the plaintiffs' law firm, implying the driving tests were conducted with awareness that a faster time would help the plaintiffs' case

⚔ Randall Petee

admission against interest

Baker got Petee to concede he 'could have done it faster,' undercutting the validity of the timed run as a realistic or maximum-speed test

Witness Demeanor

(Laughter.) — twice, in response to Baker's tie joke and age joke

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 8496 • 96 utterances • Defense witness

Civil Trial

Department 103