Direct examination of Michele Kestler (part 1)

📄 Direct examination of Michele Kestler (part 1) — Wednesday, August 16, 1995

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C:\DEPT103\CRIMINAL\1995\AUG\16\DIRECT-EXAMINATION-OF-MICHELE-.DOC

TRIAL

▲ Day 137 of 167

◀ Jury opening Sidebar: witness recollection refresh ▶

Witness: Michele Kestler
Examiner: Peter Neufeld
Called by: Defense • Date: Wednesday, August 16, 1995 • Utterances: 10

Peter Neufeld resumes his direct examination of LAPD crime lab director Michele Kestler, picking up from earlier testimony in which she claimed not to recall certain meetings. Neufeld introduces Defense Exhibit 1317 — handwritten notes from criminalist Gregory Matheson — to refresh her recollection about her attendance at those meetings. The transcript ends on a cliffhanger as Christopher Darden objects to the use of the notes.

# 1 MS. KESTLER:

Yes, your Honor.

# 2 MR. NEUFELD:

Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

DIRECT EXAMINATION (RESUMED) BY MR. NEUFELD

# 3 MR. NEUFELD:

And good afternoon, Miss Kestler.

# 4 MS. KESTLER:

Good afternoon.

# 5 MR. NEUFELD:

Miss Kestler, when we left off I guess it was Monday, I had asked you some questions concerning the extent of your involvement in this particular case and I asked you about your participation in certain meetings, and, if you recall, you said that you didn't recall some of them; is that correct?

# 6 MS. KESTLER:

That's correct.

# 7 MR. NEUFELD:

Now, let me just have this marked for--exhibit 1317, next in line, 1317. And these are handwritten notes of Gregory Matheson.

# 8 (Deft's 1317 for id = handwritten notes)

# 9 MR. NEUFELD:

I'm just going to ask you to take a look at them and to see whether they refresh your recollection as to your participation and attendance at those meetings that I mentioned to you when you were last on the witness stand.

KEY QUOTE

# 10 MR. DARDEN:

Objection.

Temperature

procedural

Key Quotes (2)

Peter Neufeld

I had asked you some questions concerning the extent of your involvement in this particular case and I asked you about your participation in certain meetings, and, if you recall, you said that you didn't recall some of them; is that correct?

Frames the strategic purpose of the resumed examination — Neufeld is trying to pin down Kestler's involvement in meetings she previously claimed not to remember, suggesting the defense believes she is downplaying her role.

Peter Neufeld

I'm just going to ask you to take a look at them and to see whether they refresh your recollection as to your participation and attendance at those meetings

Classic 'refreshing recollection' technique — using a third party's contemporaneous notes to challenge a witness's claimed memory failure.

Evidence (1)

Defense 1317

Handwritten notes of Gregory Matheson

introduced for purposes of refreshing witness recollection

Notable Exchanges (1)

Peter Neufeld•Michele Kestler

Neufeld methodically re-establishes that Kestler previously claimed not to recall certain meetings, then immediately moves to impeach that claim with Matheson's contemporaneous notes.

strategic

Credibility Attacks (1)

⚔ Michele Kestler

prior inconsistent statement / refreshing recollection with third-party notes

Neufeld uses Gregory Matheson's handwritten notes (Defense 1317) to challenge Kestler's earlier claim that she did not recall attending certain meetings, implying she was present and aware of more than she admitted.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7341 • 10 utterances • Defense witness

Criminal Trial

Department 103