Redirect examination of Leroy Taft (1 of 2)

📄 Redirect examination of Leroy Taft (1 of 2) — Friday, December 6, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\6\REDIRECT-EXAMINATION-OF-LEROY-.DOC

TRIAL

▲ Day 27 of 57

◀ Direct examination of Leroy Taft Redirect examination of Leroy Taft ▶

Witness: Leroy Taft
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Friday, December 6, 1996 • Utterances: 42

Robert Baker cross-examines Leroy Taft, a witness who drove OJ Simpson from the airport on June 13, 1994, pressing him on what he knew about the police inspection of Simpson's hands and the single cut found on his middle knuckle. Baker also briefly explored Simpson's emotional demeanor that morning before Judge Fujisaki cut the line of questioning short, warning Baker he could not have a 'double shot' at Taft as both a cross-examined plaintiff's witness and a recalled defense witness.

# 1 Q:

You knew before either your deposition or your testimony, that the LAPD, on June 13, had looked at both of his hands, because he was a murder suspect, and inspected them completely, and found one cut on the middle knuckle of his hand.

# 2 MR. PETROCELLI:

Objection. Lacks foundation. Calls for hearsay, no testimony.

# 3 A:

That's correct.

# 4 MR. BAKER:

That door has been opened.

# 5 THE COURT:

Overruled.

# 6 Q:

(BY MR. BAKER) You knew that the police, after 1:30, when they had taken his statement, go down to dress his hands, had inspected both of his hands, forwards, backwards, upwards, downwards, and taken a picture of the only cut he had, the cut on the middle knuckle of his left hand, did you not, sir?

# 7 MR. PETROCELLI:

Excuse me. There's no foundation. Secondly, it's all leading.

# 8 THE COURT:

Sustained.

# 9 Q:

(BY MR. BAKER) Tell us what you knew about what the police inspected on June 13, 1994, after they had taken blood from Mr. Simpson.

# 10 MR. PETROCELLI:

Excuse me. That calls for speculation upon speculation, about what the police knew.

# 11 THE COURT:

Sustained.

# 12 MR. PETROCELLI:

And so forth.

# 13 MR. BAKER:

That is the same question asked again. Did he know.

# 14 THE COURT:

I don't think so.

# 15 Q:

(BY MR. BAKER) Did you know what the police inspected relative to looking for cuts on Mr. Simpson's hands, before you testified in your deposition in August of '96, and before you took the witness stand?

# 16 A:

Yes.

# 17 Q:

What did you know?

# 18 A:

I knew that the police inspected his hand and found one cut on the left hand, middle finger knuckle.

KEY QUOTE

# 19 Q:

And you've testified in your deposition at page 118, before Mr. Simpson -- Mr. Simpson -- I'm sorry -- Mr. Petrocelli had given you any pictures, about your recollections relative to cuts on his hand, did you not?

# 20 A:

Yes.

# 21 MR. PETROCELLI:

Excuse me, Mr. Baker. Can you give me a page?

# 22 MR. BAKER:

I apologize.

# 23 MR. PETROCELLI:

That's all right. Give me a line.

MR. P. BAKER: 118, line 16.

# 24 MR. PETROCELLI:

118 what?

# 25 MR. BAKER:

16.

# 26 MR. PETROCELLI:

Thank you.

# 27 Q:

(BY MR. BAKER) You're talking about the cuts Mr. Simpson had that you observed when you were asked this in your deposition, before he had given you any pictures, correct?

# 28 A:

Correct.

# 29 Q:

And you said after the question was, when Mr. Simpson entered your car, did he have a cut in -- anywhere on his body.

Your answer was, I think he had. I don't know which hand it was, but he had -- it's one of his -- it was either his middle -- his middle finger, (indicating) I think on one hand, he had a cut.

That's what you testified, to correct?

# 30 A:

Correct.

# 31 Q:

Now, Mr. Taft, when you picked up Mr. Simpson at the airport on June 13, 1994, were you in a period of emotional shock and grief?

# 32 A:

Completely.

# 33 Q:

Was Mr. Simpson's demeanor one of emotional shock and grief?

# 34 MR. PETROCELLI:

Excuse me, Your Honor. This is leading and it's beyond the scope.

# 35 THE COURT:

Sustained as leading.

# 36 Q:

(BY MR. BAKER) What was Mr. Simpson's demeanor when you picked him up at -- at -- in the -- I guess it would be the morning, local time -- what was his demeanor in the car and -- when you got him into the vehicle and headed back to Rockingham?

# 37 A:

He was in a complete state of shock.

KEY QUOTE

# 38 MR. PETROCELLI:

That calls for speculation, Your Honor. I move to strike it as self-serving.

# 39 THE COURT:

Denied.

Mr. Baker, if you're going to proceed in this line, he's not coming back as a defense witness, okay? Make up your mind.

I don't want a double shot at him. This is the end of plaintiffs' case, and I'm giving you some latitude, as you've noticed in the last few days, so we can avoid having witnesses come back.

If you want to examine him further on that area, which is clearly beyond the scope, then you have to call him back. Unless you're not going to call him back.

# 40 MR. BAKER:

You made your point.

# 41 THE COURT:

Okay.

# 42 MR. BAKER:

I have no further questions at this time.

Temperature

tense

Key Quotes (4)

Leroy Taft

I knew that the police inspected his hand and found one cut on the left hand, middle finger knuckle.

Confirms Taft had knowledge of the police's findings before testifying — Baker is establishing that Taft's deposition recollections were colored by this prior knowledge rather than independent memory.

Leroy Taft

I think he had. I don't know which hand it was, but he had -- it's one of his -- it was either his middle -- his middle finger, (indicating) I think on one hand, he had a cut.

Taft's deposition testimony about the cuts, which Baker reads back to him — the vagueness and hedging undercut the significance of the observation as evidence of guilt.

Leroy Taft

He was in a complete state of shock.

Supports the defense narrative that Simpson's emotional state upon hearing of Nicole's death was consistent with innocence rather than guilt.

Hiroshi Fujisaki

I don't want a double shot at him. This is the end of plaintiffs' case, and I'm giving you some latitude, as you've noticed in the last few days, so we can avoid having witnesses come back.

Fujisaki signals he has been accommodating Baker but draws a firm line — Baker must choose now whether to fully examine Taft or call him back as a defense witness, not both.

Evidence (2)

Informal

Taft's deposition testimony from August 1996, page 118 line 16, regarding cuts on Simpson's hands

Read back to witness for impeachment / confirmation

Informal

LAPD inspection of Simpson's hands on June 13, 1994, including photographs of the single cut on the middle knuckle of the left hand

Referenced to establish what Taft knew prior to testifying

Notable Exchanges (2)

Robert Baker•Hiroshi Fujisaki

After Baker pushes beyond the scope into Simpson's emotional demeanor, Fujisaki delivers a pointed ruling: Baker can examine Taft further on that topic only if he commits to not recalling him as a defense witness. Baker backs down with 'You made your point' and ends questioning.

strategic

Robert Baker•Daniel Petrocelli

Brief collegial exchange when Petrocelli asks for the deposition page and line number; Baker apologizes and provides it.

routine

Credibility Attacks (1)

⚔ Leroy Taft

Prior inconsistent statement / knowledge contamination

Baker establishes that Taft knew the police had found only one cut on Simpson's left hand before giving his deposition — suggesting Taft's recollection of the cuts was shaped by this prior knowledge rather than independent observation.

Objections

5 objections (3 sustained, 1 overruled)

Proceeding 8513 • 42 utterances • Plaintiff witness

Civil Trial

Department 103