Witness dismissed

📄 Witness dismissed — Tuesday, October 29, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\29\WITNESS-DISMISSED.DOC

TRIAL

▲ Day 5 of 57

◀ Re-redirect examination of David R. Rossi Direct examination of Donald Thompson ▶

Date: Tuesday, October 29, 1996 • Utterances: 38

A witness was excused but kept on call at Baker's request. The proceeding then dealt with housekeeping around Plaintiffs' Exhibit 2102 (a photograph), which turned out to be a re-marking of the already-admitted Exhibit 719. The parties worked out how best to display the photo to the jury using the Elmo projector rather than passing a physical copy around.

# 1 MR. MEDVENE:

Nothing further, Your Honor.

# 2 THE COURT:

You're excused. Thank you.

# 3 MR. BAKER:

Your Honor, I want to keep this witness on call.

# 4 THE COURT:

You may.

# 5 MR. BAKER:

Your Honor, I would move in 2102 and request that the jury get to view 2102.

# 6 THE COURT:

Stipulation to foundation?

# 7 MR. MEDVENE:

Yes.

# 8 THE COURT:

Okay, received.

# 9 (The photograph previously marked Plaintiffs' Exhibit 2102 for identification was received in evidence.)

# 10 MR. PETROCELLI:

Your Honor, for the exhibit book, the order was?

# 11 THE COURT:

Excuse me.

# 12 MR. PETROCELLI:

For the exhibit book, are we going to have a copy for the jury, exhibit book, as opposed to the boards?

# 13 THE COURT:

Do you have a smaller version?

# 14 MR. BAKER:

Yes.

# 15 MR. PETROCELLI:

Because we agreed to boards.

# 16 MR. BAKER:

May I pass this before the jury?

# 17 THE COURT:

They can see that.

Can't you?

# 18 MR. BAKER:

I don't know. Are we looking at something to depict something that's relatively small? And I'd like them to --

# 19 THE COURT:

We'll do it later.

# 20 MR. MEDVENE:

Officer Thompson.

# 21 MR. PETROCELLI:

For the record, another eight-and-a-half by eleven size of that exhibit is in the book already as 719.

# 22 THE COURT:

Thank you.

# 23 THE CLERK:

Thank you. It will be re-marked as 2102.

# 24 THE COURT:

Is 719 also an enlargement on your projection?

MR. P. BAKER: It's eight and a half by eleven.

# 25 MR. PETROCELLI:

It's eight and a half by eleven.

# 26 THE COURT:

You can project it on there?

MR. P. BAKER: Yes.

# 27 THE COURT:

Before this witness testifies, you want to do that? You can do that. Beats passing it around.

MR. P. BAKER: I haven't been doing too well on this Elmo thing, but we'll give it a shot.

# 28 MR. KELLY:

You want the witness to step out, or is he okay?

# 29 MR. PETROCELLI:

He said you can view it on the Elmo.

Take 82 off.

# 30 THE COURT:

Is it 719?

# 31 THE CLERK:

It's 2102.

# 32 MR. PETROCELLI:

Its been re-marked.

# 33 THE COURT:

That's what I said: 2102 was 719.

# 34 MR. PETROCELLI:

Yes, it is 719.

# 35 MR. BAKER:

You're getting better.

KEY QUOTE

# 36 THE COURT:

Okay. Thank you.

# 37 MR. BAKER:

Thank you, sir.

# 38 MR. PETROCELLI:

Keep it as 719.

Temperature

routine

Key Quotes (2)

P. Baker

I haven't been doing too well on this Elmo thing, but we'll give it a shot.

Brief moment of self-deprecating humor amid routine exhibit logistics.

Robert Baker

You're getting better.

Lighthearted compliment to Judge Fujisaki after he correctly connected 2102 back to 719.

Evidence (1)

Plaintiffs' 2102 (formerly 719)

Photograph; re-marked from 719 to 2102 and received into evidence

introduced, received, display method discussed

Notable Exchanges (1)

Daniel Petrocelli•Hiroshi Fujisaki•The Clerk

Brief confusion over whether the exhibit was 719 or 2102; resolved when Petrocelli confirmed 2102 was a re-marking of 719.

procedural

Light Moments (2)

P. Baker

P. Baker joked about struggling with the Elmo projector.

Robert Baker

Robert Baker complimented Fujisaki — 'You're getting better' — after the judge correctly recalled the exhibit renumbering.

Objections

None recorded

Proceeding 8075 • 38 utterances

Civil Trial

Department 103