Cross-examination of Michele Kestler

📄 Cross-examination of Michele Kestler — Tuesday, August 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\1\CROSS-EXAMINATION-OF-MICHELE-K.DOC

TRIAL

▲ Day 126 of 167

◀ Direct examination of Michele Kestler Recess ▶

Witness: Michele Kestler
Examiner: Hank Goldberg
Called by: Defense • Date: Tuesday, August 1, 1995 • Utterances: 7

An extremely brief cross-examination in which prosecutor Hank Goldberg asked Michele Kestler just one question: whether she recalled seeing a September 8, 1994 report before, on the day of, or after a related news report. Kestler said she had no absolute recollection, and the examination ended immediately.

# 1 MR. GOLDBERG:

Your Honor, I just ask one question if I may?

# 2 THE COURT:

One question.

CROSS-EXAMINATION BY MR. GOLDBERG

# 3 MR. GOLDBERG:

With respect to the September 8th, 1994, report that you have been questioned about, do you have a specific recollection today whether you first saw this before the news report, the day of the news report or after the news report?

# 4 MS. KESTLER:

No, I don't have an absolute recollection.

KEY QUOTE

# 5 MR. GOLDBERG:

Thank you. Nothing further.

# 6 THE COURT:

All right. Thank you, Miss Kestler.

# 7 MS. KESTLER:

Thank you.

Temperature

procedural

Key Quotes (1)

Michele Kestler

No, I don't have an absolute recollection.

Her inability to pin down the timing of when she first saw the report leaves open the possibility that her knowledge was influenced by media coverage rather than independent review.

Evidence (1)

Informal

September 8, 1994 report previously discussed during direct examination

discussed

Notable Exchanges (1)

Hank Goldberg•Michele Kestler

Goldberg used his single permitted question to probe whether Kestler's awareness of the September 8 report was independent or potentially shaped by news coverage; her non-answer left the ambiguity intact.

strategic

Credibility Attacks (1)

⚔ Michele Kestler

memory/recollection challenge

Goldberg probed whether Kestler's knowledge of the September 8, 1994 report predated or was contaminated by media coverage, but her admitted lack of recollection prevented a definitive answer either way.

Objections

None recorded

Proceeding 7102 • 7 utterances • Defense witness

Criminal Trial

Department 103