Recross-examination of Miguel Terrazas (part 3)

📄 Recross-examination of Miguel Terrazas (part 3) — Monday, October 28, 1996

Address:

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

TRIAL

▲ Day 4 of 57

◀ Cross-examination of Miguel Terrazas (part 4) Witness excused ▶

Witness: Officer Miguel Terrazas
Examiner: Robert Baker
Called by: Plaintiff • Date: Monday, October 28, 1996 • Utterances: 22

Defense attorney Baker briefly re-examined Officer Terrazas about the number and positions of blood drops he observed on the back gate at Rockingham. The key revelation was that Terrazas had spent approximately an hour reviewing blood-drop photos with plaintiff's attorney Medvene before testifying, raising an implicit preparation/coaching concern.

# 1 Q:

Officer Terrazas, the one you circled above 116, is that the one you observed outside and just dripped inside the mesh? Is that what you believe?

# 2 A:

No, sir; that's not what I believe at all, sir.

# 3 Q:

All right. So the one you've circled here, too, that's a blood drop?

# 4 A:

From the best of my recollection yes, sir.

# 5 Q:

That's a blood drop you viewed east, looking west, right?

# 6 A:

To its best of my recollection, yes, sir.

# 7 Q:

You say there's another one you viewed west, looking east?

# 8 A:

Yes, sir. That would be the first one I observed, the one that was on the outside portion of the gate, sir.

# 9 Q:

So you looked at four separate blood drops plus the top of the rail?

# 10 A:

There would be one on the outside, sir -- one on the outside, one up on top, one in the middle, this one and this one, sir.

KEY QUOTE

# 11 Q:

And the middle one is the one that's right above 116?

# 12 A:

From what I can remember sir, yes, sir.

# 13 Q:

Now, were you ever shown those photos in the meeting you had with Mr. Medvene?

# 14 A:

Yes, I was, sir.

# 15 Q:

Did he take you through these photos and show you the blood drops to refresh your recollection?

# 16 A:

Yes, sir.

# 17 Q:

That's what you did for an hour with Mr. Medvene, go over the blood-drop photos on the back gate or --

# 18 A:

Mostly just the blood-drop photos.

KEY QUOTE

# 19 Q:

Most of the hour, you went through the photos the blood-drop photos so you'd have it clear when you came into court and testified, right?

KEY QUOTE

# 20 A:

Approximately, yes, sir.

# 21 MR. BAKER:

Thank you. Nothing further.

# 22 MR. MEDVENE:

Nothing further.

Temperature

procedural

Key Quotes (3)

Witness

There would be one on the outside, sir -- one on the outside, one up on top, one in the middle, this one and this one, sir.

Terrazas clarifies he observed five blood locations on the gate, not four as Baker's question implied.

Witness

Mostly just the blood-drop photos.

Confirms the hour-long pre-testimony meeting with Medvene was focused almost entirely on refreshing recollection about the gate blood drops.

Examiner

Most of the hour, you went through the photos the blood-drop photos so you'd have it clear when you came into court and testified, right?

Baker frames the meeting as coached preparation, planting doubt about whether Terrazas's testimony is genuine recollection or rehearsed.

Evidence (1)

Informal

Photos of blood drops on the back gate at Rockingham, including area above item 116

discussed to establish positions of drops and refresh witness recollection

Notable Exchanges (1)

Robert Baker•Officer Terrazas

Baker establishes that Terrazas spent approximately an hour reviewing blood-drop photos with Medvene immediately before testifying, implying the officer's recollection was shaped by that preparation session.

strategic

Credibility Attacks (1)

⚔ Officer Terrazas

bias/preparation

Baker highlights that Terrazas spent roughly an hour going through blood-drop photos with plaintiff's attorney Medvene before taking the stand, suggesting the officer's testimony about gate blood drops was shaped by that session rather than independent memory.

Objections

None recorded

Proceeding 8060 • 22 utterances • Plaintiff witness

Civil Trial

Department 103