Recross-examination of F. Lee Bailey

📄 Recross-examination of F. Lee Bailey — Thursday, January 16, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\16\RECROSS-EXAMINATION-OF-F-LEE-B.DOC

TRIAL

▲ Day 43 of 57

◀ Redirect examination of F. Lee Bailey Direct examination of Bradley Popovich (part 1) ▶

Witness: F. Lee Bailey
Examiner: Tom Lambert
Called by: Defense • Date: Thursday, January 16, 1997 • Utterances: 19

A two-question recross-examination of Dr. Henry Lee that ended almost as soon as it began. Baker's sole question implied Lee had been carefully choosing his words, and Lee deflected by saying he simply wanted to answer the right question. The court then dismissed Lee and swore in the next witness, Dr. Brad Popovich, with a brief housekeeping exchange admitting four exhibits from Lee's testimony.

# 1 A:

No.

# 2 MR. LAMBERT:

No further questions, Your Honor. RECROSS-EXAMINATION BY MR. BAKER:

# 3 Q:

You want to be sure you answer the right way?

KEY QUOTE

# 4 A:

I wanted to be sure I answered the right question.

KEY QUOTE

# 5 MR. BAKER:

Nothing further.

# 6 THE COURT:

You may step down.

# 7 MR. LAMBERT:

Thank you. Dr. Brad Popovich, Your Honor. BRADLEY POPOVICH, called as a witness on behalf of the Plaintiffs, was duly sworn and testified as follows:

# 8 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 9 F. LEE BAILEY:

I do.

# 10 THE BAILIFF:

Please be seated.

# 11 THE CLERK:

Please state and spell both your first and your last names for the record.

# 12 F. LEE BAILEY:

Yes. My name is Brad Popovich, B-r-a-d-l-e-y P-o-p-o-v-i-c-h.

# 13 MR. LAMBERT:

Before I forget, could I move in 2403 and 2404 from my examination of Dr. Lee.

# 14 THE COURT:

Received.

# 15 MR. BAKER:

1224 and 2405.

# 16 THE CLERK:

That exhibit number is 1223.

# 17 MR. LAMBERT:

I object to the letter on the grounds there no foundation.

# 18 THE COURT:

Overruled. Received. (The instrument previously marked as Plaintiffs' Exhibit 2403 for identification was received in evidence.) (The instrument previously marked as Plaintiffs' Exhibit 2404 for identification was received in evidence.) (The document previously marked Defendants' Exhibit 1223 for identification, was received in evidence.) (The document previously marked Defendants' Exhibit 2405 for identification, was received in evidence.) DIRECT EXAMINATION BY MR. LAMBERT:

# 19 Q:

Dr. Popovich, what is your occupation, sir?

Temperature

procedural

Key Quotes (2)

Mr. Baker

You want to be sure you answer the right way?

Baker's only question — a pointed insinuation that Lee had been evasive or calculating in his testimony.

Witness

I wanted to be sure I answered the right question.

Lee's deft deflection reframes Baker's implication, suggesting careful precision rather than evasion.

Evidence (4)

Plaintiffs' 2403

Exhibit from Lambert's examination of Dr. Lee

admitted into evidence

Plaintiffs' 2404

Exhibit from Lambert's examination of Dr. Lee

admitted into evidence

Defendants' 1223

Exhibit from Baker's examination of Dr. Lee (initially referenced as 1224, corrected by clerk)

admitted into evidence

Defendants' 2405

A letter from Baker's examination of Dr. Lee; Lambert objected on foundation grounds

admitted over objection

Notable Exchanges (1)

Mr. Baker•Dr. Lee

Baker's single question implying Lee had been carefully managing his answers; Lee reframed it as wanting to answer the correct question rather than the right way.

strategic

Credibility Attacks (1)

⚔ Dr. Henry Lee

implication of evasiveness

Baker's sole question insinuated Lee had been choosing his words carefully to avoid damaging answers, though Lee deflected smoothly.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8824 • 19 utterances • Defense witness

Civil Trial

Department 103