Cross-examination of Joseph Bosco

📄 Cross-examination of Joseph Bosco — Tuesday, August 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\1\CROSS-EXAMINATION-OF-JOSEPH-BO.DOC

TRIAL

▲ Day 126 of 167

◀ Direct examination of Joseph Bosco Adjournment ▶

Witness: Joseph Bosco
Examiner: Hank Goldberg
Called by: Defense • Date: Tuesday, August 1, 1995 • Utterances: 57

Prosecutor Hank Goldberg cross-examines journalist Joseph Bosco about a published article describing LAPD leaks regarding sock evidence. Bosco repeatedly invokes the California shield law to refuse identifying his sources. Goldberg attempts to establish whether specific sentences in Bosco's article were factual reporting from sources or merely opinion, with limited success.

# 1 THE COURT:

All right. Mr. Goldberg.

CROSS-EXAMINATION BY MR. GOLDBERG

# 2 MR. GOLDBERG:

Sir, did you actually speak to someone from the Los Angeles Police Department?

# 3 MR. GOLDBERG:

Well, let me withdraw that question and restate it, your Honor.

# 4 MR. BOSCO:

Would you mind? I did not hear this. Excuse me.

# 5 (The witness confers with his attorney.)

# 6 THE COURT:

Mr. Goldberg.

# 7 MR. GOLDBERG:

Sir, will you tell us who the source was of the statement that there had been certain results on the socks?

# 8 MR. BOSCO:

Well, of course, with the--I mean, I must invoke with all due respect the California shield law.

KEY QUOTE

# 9 MR. GOLDBERG:

So you won't tell us the source. Will you tell us whether you actually spoke to someone that you believed to be with the LAPD?

# 10 MR. BOSCO:

Again, with all due respect to the Court, I must invoke the California shield law.

# 11 MR. GOLDBERG:

So what parts of this paragraph that was read to you are correct when you answered Mr. Shapiro's question about whether or not they're correct? Which parts were you answering to?

# 12 MR. BOSCO:

I also answered your question to the yes, it's all correct.

# 13 MR. GOLDBERG:

Okay. So you were indicating each and every sentence, including the ones that are opinions?

# 14 MR. BOSCO:

I'm testifying, sir, that those two paragraphs are an accurate and--accurate representation of what I wrote and was published.

# 15 MR. GOLDBERG:

Okay. But, for example, the first sentence is: "There has been enough leaking out here to camp OJ if it were a barge." Did you mean that literally, that it would somehow--the weight of the material would sink a barge or was this an opinion of yours?

# 16 MR. BOSCO:

Well, let me ask you, Mr. Goldberg, do you not agree with that?

KEY QUOTE

# 17 MR. GOLDBERG:

No, I don't, but--

# 18 THE COURT:

Excuse me. Mr. Bosco, just answer the question, please.

# 19 MR. BOSCO:

Excuse me, sir.

# 20 MR. GOLDBERG:

Mr. Bosco, is that an opinion of yours?

# 21 THE COURT:

And, Mr. Goldberg, let's understand who the audience is for this particular hearing.

# 22 MR. GOLDBERG:

I understand.

# 23 THE COURT:

All right. I recognize opinions and hyperbole when I see it.

KEY QUOTE

# 24 MR. GOLDBERG:

Well, the point is that we can't tell here what is opinion and what here is fact from reading it. That's the only point.

# 25 THE COURT:

Any other points?

# 26 MR. GOLDBERG:

Well, let me ask you this, Mr. Bosco, and maybe--and we'll make it a little quicker. Would it be fair to say that a lot of what you're writing in this paragraph is your opinions as opposed to facts that you learned from some source, whatever the source may be?

# 27 MR. BOSCO:

No, I do not believe that would be an accurate--of these two paragraphs?

# 28 MR. GOLDBERG:

Yes.

# 29 MR. BOSCO:

No, I do not believe that that would be accurate.

# 30 MR. GOLDBERG:

Okay. The sentence about there being enough leaking out here to sink camp OJ, is that an opinion? Would you characterize that as an opinion?

# 31 MR. BOSCO:

It's--it stands for what it stands for in those paragraphs.

# 32 MR. GOLDBERG:

Well, did someone tell you that or is that a conclusion that you drew on your own?

# 33 MR. BOSCO:

One second, your Honor.

# 34 (The witness confers with his attorney.)

# 35 MR. BOSCO:

Excuse me. Thank you. That's what I wrote. That's what I can--that's what I believe to be accurate.

# 36 (Discussion held off the record between the Deputy District Attorneys.)

# 37 MR. GOLDBERG:

But what I'm asking you, sir, is, is this some things someone told you or is this an opinion that you arrived at on your own?

# 38 MR. BOSCO:

Again, as I said, it is what I wrote. It is accurate.

# 39 MR. GOLDBERG:

Your Honor, perhaps he could be asked to simply answer the question as to whether this is something that someone else told him or an opinion that he arrived at.

# 40 THE COURT:

Overruled.

# 41 MR. GOLDBERG:

Sir, when you wrote here in this sentence, it's towards the bottom of the first paragraph, "Within two hours of Judge Ito admonishing the police for reckless disregard of the truth, the LAPD's worse moment to that date, a certain police officer whose leak had hereto been mostly--had hereto been mostly accurate and offered with corroboration started calling journalists with the story," can you tell us whether you had one source for that or more than one source?

# 42 MR. BOSCO:

I must again with all due respect to the Court and yourself, sir, invoke the reporter's shield.

# 43 MR. GOLDBERG:

Okay. Can you tell us whether you had any source for that information?

# 44 MR. BOSCO:

I believe that question has been answered. A certain police officer.

# 45 MR. GOLDBERG:

Did--and can you tell us whether this certain police officer told you that he called a number of journalists?

# 46 MR. BOSCO:

I again must invoke the reporter's shield law with all due respect.

# 47 MR. GOLDBERG:

So you can not tell us whether this information that I just read to you represents a single source as opposed to multiple sources?

# 48 MR. BOSCO:

I can tell you that this is a fair and accurate representation of what I wrote and beyond that, I must again respectfully invoke the reporter's shield law.

KEY QUOTE

# 49 MR. GOLDBERG:

I have nothing further.

# 50 THE COURT:

Mr. Shapiro.

# 51 MR. SHAPIRO:

Nothing further, your Honor. Thank you.

# 52 THE COURT:

All right. Mr. Bosco, thank you very much, sir.

# 53 MR. BOSCO:

Thank you, your Honor.

# 54 THE COURT:

You are subject to recall.

# 55 MR. BOSCO:

Yes, sir.

# 56 THE COURT:

All right.

# 57 MR. BOSCO:

Thank you, sir.

Temperature

procedural

Key Quotes (4)

Joseph Bosco

Well, of course, with the--I mean, I must invoke with all due respect the California shield law.

Establishes the central dynamic of the entire examination — Bosco's repeated invocation of reporter's privilege blocks nearly every line of questioning.

Joseph Bosco

Well, let me ask you, Mr. Goldberg, do you not agree with that?

Bosco turns the question back on the prosecutor when asked whether 'enough leaking out here to sink camp OJ' was opinion — a rare moment of witness levity that drew a judicial rebuke.

Lance A. Ito

All right. I recognize opinions and hyperbole when I see it.

Ito essentially signals to Goldberg that parsing journalistic metaphor is a waste of the court's time, undercutting the prosecution's line of inquiry.

Joseph Bosco

I can tell you that this is a fair and accurate representation of what I wrote and beyond that, I must again respectfully invoke the reporter's shield law.

Bosco's final formulation — confirming the article's accuracy while shielding all underlying sourcing — defines the outer limit of what the prosecution could extract.

Evidence (1)

Informal

Published article by Bosco containing two paragraphs describing LAPD leaks about sock evidence, including a reference to 'a certain police officer' calling journalists with a story shortly after Judge Ito admonished police for 'reckless disregard of the truth'

discussed, parsed for factual vs. opinion content

Notable Exchanges (2)

Hank Goldberg•Joseph Bosco

Goldberg attempts to get Bosco to characterize 'enough leaking out here to sink camp OJ if it were a barge' as either opinion or fact from a source. Bosco refuses to characterize it either way, and then turns it around by asking Goldberg if he agrees with the statement.

strategic

Hank Goldberg•Lance A. Ito

Goldberg argues they cannot tell from reading the article what is opinion versus fact. Ito dismisses the concern by saying he recognizes opinions and hyperbole and asks if Goldberg has 'any other points.'

deflating

Light Moments (1)

Joseph Bosco

Bosco asks Goldberg point-blank 'do you not agree with that?' when asked whether a colorful metaphor about leaks was his opinion — prompting a judicial reprimand to just answer the question.

Credibility Attacks (1)

⚔ Joseph Bosco

opinion vs. fact distinction

Goldberg attempts to reframe Bosco's article as largely opinion rather than sourced reporting, which would undermine its evidentiary value regarding LAPD leaks. Bosco refuses to concede the characterization.

Witness Demeanor

(The witness confers with his attorney.)

(Discussion held off the record between the Deputy District Attorneys.)

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7098 • 57 utterances • Defense witness

Criminal Trial

Department 103