Sidebar: witness relevance and credibility

📄 Sidebar: witness relevance and credibility — Monday, October 28, 1996

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C:\DEPT103\CIVIL\1996\OCT\28\SIDEBAR-WITNESS-RELEVANCE-AND-.DOC

TRIAL

▲ Day 4 of 57

◀ Cross-examination of David Rossi (part 1) Cross-examination of David Rossi (part 2) ▶

Date: Monday, October 28, 1996 • Utterances: 9

Defense attorney Baker attempts to cross-examine a witness on credibility grounds, arguing the witness wasted time trying to reach O.J. Simpson by phone while his children were at the same police station. Plaintiff's counsel objects that the cross-examination is beyond the scope of direct and irrelevant. Judge Fujisaki sustains the objection, also questioning why the witness was called at all.

# 1 (The following proceedings were held at the bench, with the reporter.)

# 2 MR. BAKER:

Obviously, credibility is always an issue. But he will testify that he spent 50 minutes going to Westec, trying to get O.J. Simpson's phone number, when the kids were right down in the same police station at 5 o'clock.

Further, he was already told by Riske that O.J. Simpson was Sydney's father. And that's testimony from Riske this morning.

# 3 MR. PETROCELLI:

It was stricken.

# 4 MR. MEDVENE:

It's way beyond the scope on direct examination, and I don't think it has any relevance.

# 5 THE COURT:

Well, what is the relevance?

# 6 MR. BAKER:

The relevance is, as I say, credibility is always an issue. That he was supposed to have transferred this case at 1:15 in the morning, and if he transferred it, Phillips and Fuhrman could never have gotten to the scene.

# 7 THE COURT:

Well, what is the relevance of this witness? I don't know why he was called in the first place.

KEY QUOTE

# 8 MR. MEDVENE:

The relevance of the witness, Your Honor, we're just saying before Fuhrman got there, seeing just the one glove and seeing certain blood on the back gate, before Fuhrman got there -- but mainly, the one glove.

# 9 THE COURT:

Sustained. The objection on relevance, I don't see what the relevance of this cross-examination has to that aspect of the case.

Temperature

procedural

Key Quotes (3)

Robert Baker

He spent 50 minutes going to Westec, trying to get O.J. Simpson's phone number, when the kids were right down in the same police station at 5 o'clock.

Baker's credibility attack — the witness's actions that night were incompetent or staged.

Hiroshi Fujisaki

Well, what is the relevance of this witness? I don't know why he was called in the first place.

Judge signals skepticism about the plaintiff's own witness, cutting both ways.

Edward Medvene

Before Fuhrman got there, seeing just the one glove and seeing certain blood on the back gate, before Fuhrman got there -- but mainly, the one glove.

Reveals the witness's core purpose: establishing the glove's presence before Fuhrman arrived, preempting defense planting theories.

Evidence (2)

Informal

One glove observed at the scene before Fuhrman arrived

discussed

Informal

Blood on the back gate observed before Fuhrman arrived

discussed

Notable Exchanges (2)

Robert Baker•Hiroshi Fujisaki

Baker argues credibility and case-transfer timeline; Fujisaki cuts him off asking for relevance, then questions why the witness was called at all.

strategic

Edward Medvene•Hiroshi Fujisaki

Medvene explains the witness establishes pre-Fuhrman observations of the glove; Fujisaki sustains the objection anyway.

procedural

Credibility Attacks (1)

⚔ unnamed witness (likely responding officer)

conduct impeachment

Baker argues the witness spent 50 minutes trying to locate O.J. Simpson's phone number via Westec while Simpson's children were already at the same police station, and that the witness had already been told by Officer Riske that Simpson was Sydney's father.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8042 • 9 utterances

Civil Trial

Department 103