Cross-examination of Miguel Terrazas (part 1)

📄 Cross-examination of Miguel Terrazas (part 1) — Monday, October 28, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\28\CROSS-EXAMINATION-OF-MIGUEL-TE.DOC

TRIAL

▲ Day 4 of 57

◀ Redirect examination of Miguel Terrazas (afternoon) Recross-examination of Miguel Terrazas (part 1) ▶

Witness: Officer Miguel Terrazas
Examiner: Robert Baker
Called by: Plaintiff • Date: Monday, October 28, 1996 • Utterances: 54

Plaintiff's counsel Medvene conducted redirect of Officer Terrazas, establishing that he observed blood on the back gate at approximately 12:30-12:35 a.m. — before Detectives Fuhrman and Phillips had arrived at the scene. Medvene also had Terrazas mark the specific blood spots on a photograph (Exhibit 2098), which was admitted into evidence, and elicited that his written report was only a brief overview, not a comprehensive account.

# 1 Q:

Did anyone from the -- any representative of Mr. Simpson, call you and ask to speak with you?

# 2 A:

No, sir.

# 3 Q:

If they had, would you have spoken with them?

# 4 MR. BAKER:

Calls for speculation.

# 5 THE COURT:

Sustained.

# 6 Q:

(BY MR. MEDVENE) If you assumed that Detectives Fuhrman and Phillips arrived at Bundy at about 2:10 a.m., how much prior to that did you see the blood that you've described on the back gate?

# 7 MR. BAKER:

I object to the hypothetical in terms of time. He already testified as to the time he believed they arrived.

# 8 THE COURT:

Why don't you rephrase the question and ask him what time he saw the blood.

# 9 Q:

(BY MR. MEDVENE) The blood that you've described finding on the gate, approximately what time was that?

# 10 A:

Approximately 12:30, 12:35, approximately.

KEY QUOTE

# 11 Q:

Had Detective Fuhrman and Detective Phillips arrived at Bundy prior to the time that you observed the blood that you've described for the jury?

# 12 A:

I don't remember seeing them back there, sir. They could have arrived at the front. I don't remember seeing them in the back with me, no, sir. To the best of my recollection, no, they had not arrived.

# 13 Q:

You were the first officer on the scene with Officer Riske?

# 14 A:

Yes, sir.

# 15 Q:

When you made the observation you've testified about, about seeing just one glove, and your testimony about looking over the scene with a flashlight, had Detectives Phillips and Fuhrman yet arrived?

# 16 A:

No, sir.

# 17 MR. MEDVENE:

May I approach the witness, Your Honor?

# 18 THE COURT:

You may.

# 19 MR. MEDVENE:

Your Honor, I'm going to place in front of the witness what's been marked 82, and ask you'd put 82 on the board. And I'm going ask the witness to make certain markings on 82, and request permission to, at the clerk's pleasure, to call this Exhibit 82-A or 2098.

# 20 THE CLERK:

2098.

# 21 (The instrument herein described was marked for identification as Plaintiffs' Exhibit No. 2098.)

# 22 MR. BAKER:

Your Honor, may I observe?

# 23 MR. MEDVENE:

I'm sorry.

# 24 MR. BAKER:

I understand that. I want to watch him mark what he's going to mark.

# 25 MR. MEDVENE:

I'm going to place before Officer Terrazas, the photograph that's on the board that we've numbered 2098.

# 26 Q:

(BY MR. MEDVENE) And I'd ask you to circle, if you would --

# 27 MR. BAKER:

Do you want this?

# 28 OFFICER MIGUEL TERRAZAS:

That's okay.

# 29 Q:

(BY MR. MEDVENE) I ask you to circle. If you would, the blood spot that you described as .

# 30 (Witness complies.)

# 31 Q:

And if you would, circle the blood spot that you observed as 116.

# 32 (Witness complies.)

# 33 Q:

Would you put your initial next to each, sir.

# 34 (Witness complies.)

# 35 Q:

Would you please place on the board what's been marked 2098.

# 36 A:

Mark it?

# 37 Q:

Would you point out to the ladies and gentlemen of the jury the vertical blood drop.

# 38 (Witness complies.)

# 39 Q:

Thank you, sir.

# 40 THE COURT:

And would you point out to the ladies and gentlemen of the jury the blood spot you saw in the early morning hours of June 13, that next to the 115 N.

# 41 (Witness complies.)

# 42 Q:

And you made both those circles and put down your initials?

# 43 A:

That's correct.

# 44 Q:

Thank you.

One last question: When you wrote your report, did you mean to include everything in your report, or was it just supposed to be a summary that capsulized --

# 45 MR. BAKER:

Objection. Leading, suggestive, argumentative.

# 46 THE COURT:

Sustained.

# 47 Q:

(BY MR. MEDVENE) Can you tell us whether your report was to record everything in detail that you saw?

# 48 MR. BAKER:

Same objection.

# 49 THE COURT:

Overruled.

# 50 A:

No, sir. Just a brief overview of what I did and what I observed.

KEY QUOTE

# 51 MR. MEDVENE:

If the Court please, I'd move into evidence.

# 52 THE COURT:

Received.

# 53 (The instrument herein described was received in evidence as Plaintiffs' Exhibit No. 2098.)

# 54 MR. MEDVENE:

Thank you very much. Thank you very much, Officer Terrazas.

RECROSS-EXAMINATION BY MR. BAKER:

Temperature

procedural

Key Quotes (3)

Witness

Approximately 12:30, 12:35, approximately.

Establishes the blood on the back gate was observed before Fuhrman and Phillips arrived, undercutting defense suggestions the blood was planted by those detectives.

Witness

To the best of my recollection, no, they had not arrived.

Directly refutes any implication that Fuhrman or Phillips could have deposited the blood on the gate before it was first observed.

Witness

No, sir. Just a brief overview of what I did and what I observed.

Explains why the written report did not capture every detail — a rebuttal to cross-examination attacks premised on report omissions.

Evidence (1)

Plaintiffs' 2098 (also referenced as Exhibit 82)

Photograph of the Bundy back gate with blood spots marked and initialed by Officer Terrazas

Introduced, marked by witness, admitted into evidence

Notable Exchanges (2)

Edward Medvene•Robert Baker•Hiroshi Fujisaki

Baker objected to a hypothetical question assuming Fuhrman/Phillips arrived at 2:10 a.m.; Fujisaki sustained and redirected Medvene to simply ask what time Terrazas saw the blood.

procedural

Robert Baker•Edward Medvene

Baker asked to observe as Medvene had the witness mark the photograph, and Medvene accommodated him.

procedural

Credibility Attacks (1)

⚔ Miguel Terrazas

omission from written report

Baker's cross (referenced obliquely) challenged Terrazas on what was not in his report; Medvene rehabilitated by eliciting that the report was only a brief overview, not a full account.

Witness Demeanor

(Witness complies.) — repeated multiple times as Terrazas circles blood spots and initials the photograph

Objections

4 objections (3 sustained, 1 overruled)

Proceeding 8054 • 54 utterances • Plaintiff witness

Civil Trial

Department 103