Witness discussion

📄 Witness discussion — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\WITNESS-DISCUSSION.DOC

TRIAL

▲ Day 19 of 167

◀ Lunch recess Direct examination of Ronald Phillips (part 2) ▶

Date: Wednesday, February 15, 1995 • Utterances: 16

F. Lee Bailey informs the court that an unnamed defense witness has fled to El Salvador, apparently due to harassment from unspecified sources, as reported by her family. The judge and Bailey briefly discuss the legal mechanisms available — the Interstate Compact on Witnesses and U.S. Embassy assistance — to take her deposition abroad, with some light banter about the relative merits of El Salvador versus Costa Rica as a destination.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. GOOD AFTERNOON, COUNSEL.

# 3 MR. COCHRAN:

GOOD AFTERNOON, YOUR HONOR.

# 4 MS. CLARK:

GOOD AFTERNOON, YOUR HONOR.

# 5 THE COURT:

ALL RIGHT. DEPUTY HIGGINS, LET'S HAVE THE JURY.

# 6 MR. BAILEY:

YOUR HONOR, BEFORE THE JURY COMES IN, CAN I BRING UP A MATTER OF UTMOST IMPORTANCE? OUR WITNESS HAS GONE TO EL SALVADOR DUE TO HARASSMENT FROM SEVERAL SOURCES ACCORDING TO HER FAMILY. SHE'S TAKEN OFF. NOW WE'RE GOING TO HAVE TO TAKE HER DEPOSITION IN EL SALVADOR. I THINK WE SHOULD ADDRESS IT PROMPTLY BECAUSE I THINK IT WILL TAKE SOME TIME. I DON'T KNOW ANY WAY TO COMPEL HER TO COME BACK.

# 7 THE COURT:

THE INTERSTATE COMPACT ON WITNESSES DOES PROVIDE FOR A CONSULAR EXAMINATION OF SOME FORM. I'VE NEVER DONE IT MYSELF, BUT HEARD ABOUT IT.

# 8 MR. BAILEY:

HAS YOUR HONOR EVER BEEN TO EL SALVADOR? I SOLD THE PRESIDENT AIRPLANES. SO I GOT TO KNOW A LITTLE BIT ABOUT THE COUNTRY.

# 9 THE COURT:

MY RECOLLECTION IS, CONTINENTAL AIRLINES STOPS THERE ON THE WAY TO COSTA RICA.

# 10 MR. BAILEY:

IF WE COULD TAKE A DEPOSITION IN COSTA RICA, I WOULD FEEL EVER SO MUCH BETTER.

KEY QUOTE

# 11 THE COURT:

SO WOULD I.

# 12 MR. BAILEY:

I THINK WE SHOULD EXPLORE THE MACHINERY, GET IT IN MOTION. IT'S ABSOLUTELY ESSENTIAL WE GET HER.

KEY QUOTE

# 13 THE COURT:

ALL RIGHT. I'LL SEND ONE OF MY STAFF TO -- SERIOUSLY, WE MAY HAVE TO ENLIST THE UNITED STATES CONSULATE, ACTUALLY THE EMBASSY FOR THAT PURPOSE. THANK YOU, MR. BAILEY.

# 14 MR. BAILEY:

THANK YOU, YOUR HONOR.

# 15 THE COURT:

LET'S HAVE THE JURY, DEPUTY HIGGINS.

# 16 MR. DARDEN:

SHALL DETECTIVE PHILLIPS RESUME THE WITNESS STAND?

Temperature

light

Key Quotes (3)

F. Lee Bailey

OUR WITNESS HAS GONE TO EL SALVADOR DUE TO HARASSMENT FROM SEVERAL SOURCES ACCORDING TO HER FAMILY. SHE'S TAKEN OFF. NOW WE'RE GOING TO HAVE TO TAKE HER DEPOSITION IN EL SALVADOR.

Reveals that a defense witness has fled the country under circumstances suggesting witness intimidation or harassment, creating a significant logistical problem for the defense.

F. Lee Bailey

IF WE COULD TAKE A DEPOSITION IN COSTA RICA, I WOULD FEEL EVER SO MUCH BETTER.

Rare light moment — Bailey's quip about preferring Costa Rica draws an agreeable response from the judge, briefly humanizing the proceeding.

F. Lee Bailey

I THINK WE SHOULD EXPLORE THE MACHINERY, GET IT IN MOTION. IT'S ABSOLUTELY ESSENTIAL WE GET HER.

Underscores how critical this witness is to the defense — Bailey characterizes her testimony as essential.

Notable Exchanges (2)

F. Lee Bailey•Lance A. Ito

Bailey discloses that a defense witness fled to El Salvador citing harassment. The judge mentions the Interstate Compact on Witnesses and suggests enlisting the U.S. Embassy to facilitate a deposition abroad.

strategic

F. Lee Bailey•Lance A. Ito

Bailey mentions he sold the president of El Salvador airplanes and knows the country; the judge responds that Continental Airlines stops there en route to Costa Rica. Both express preference for Costa Rica over El Salvador.

light

Light Moments (1)

F. Lee Bailey

Bailey quips he sold the president of El Salvador airplanes, then suggests he'd feel 'ever so much better' deposing the witness in Costa Rica instead — the judge agrees.

Objections

None recorded

Proceeding 4855 • 16 utterances

Criminal Trial

Department 103