Cross-examination of Sukru Boztepe (part 2)

📄 Cross-examination of Sukru Boztepe (part 2) — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\CROSS-EXAMINATION-OF-SUKRU-BOZ.DOC

TRIAL

▲ Day 15 of 167

◀ Sidebar: witness impeachment Redirect examination of Sukru Boztepe (part 1) ▶

Witness: Sukru Boztepe
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, February 8, 1995 • Utterances: 36

Cochran wraps up his cross-examination of Sukru Boztepe with a brief line of questioning about whether Boztepe heard fellow witness Albert Schwab give police a time (around 11:15 p.m.) for when he first saw the Akita dog. Boztepe was largely uncertain about the details, and the exchange concluded quickly after a minor clarification from Judge Ito.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

THANK YOU, COUNSEL. MR. COCHRAN, WOULD YOU CONCLUDE YOUR CROSS-EXAMINATION, PLEASE.

# 3 MR. COCHRAN:

CERTAINLY, YOUR HONOR. MAY I PROCEED?

# 4 THE COURT:

YES.

# 5 Q:

BY MR. COCHRAN: NOW, MR. BOZTEPE, DID YOU HERE MR. SCHWAB SAY TO OFFICER ROBERTS THAT, "WHEN I FIRST SAW IT," MEANING THE AKITA, "IT WAS AROUND 11:15 P.M."?

# 6 A:

I DON'T REMEMBER.

# 7 Q:

DID YOU HEAR MR. SCHWAB GIVE THE OFFICER A TIME THAT HE FIRST SAW THE DOG THAT NIGHT?

# 8 A:

I GUESS SO.

# 9 Q:

ALL RIGHT.

# 10 A:

I'M NOT SO SURE.

# 11 Q:

YOU'RE NOT SURE OF THE TIME. YOU HEARD HIM GIVE A TIME YOU BELIEVE?

# 12 A:

I'M NOT SO SURE ABOUT HE'S GIVING THE TIME.

# 13 Q:

ALL RIGHT. YOU DON'T HAVE A RECOLLECTION OF THAT?

# 14 A:

NO.

# 15 Q:

ALL RIGHT. DID YOU SEE THE POLICE OFFICER WHO WAS TALKING TO MR. SCHWAB WRITE DOWN NOTES ABOUT WHAT MR. SCHWAB SAID?

# 16 A:

HE WAS WRITING SOMETHING.

# 17 Q:

HE WAS WRITING DOWN? AND HE WAS WRITING DOWN NOTES SIMILAR TO THE WAY HE HAD WRITTEN DOWN NOTES WITH YOU AT THE STATION. IS THAT A FAIR STATEMENT?

# 18 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

# 19 THE COURT:

OVERRULED.

# 20 MR. COCHRAN:

I'M ASKING IF HE SAW IT.

# 21 MS. CLARK:

WHAT DOES THAT MEAN, SIMILAR TO?

# 22 THE COURT:

OVERRULED.

# 23 SUKRU BOZTEPE:

LOOKED LIKE.

# 24 Q:

BY MR. COCHRAN: LOOKED LIKE?

# 25 A:

LOOKED LIKE.

# 26 Q:

WHAT DOES THAT MEAN?

# 27 THE COURT:

IT MEANS THAT -- YOU ASKED HIM WAS IT SIMILAR AND HE SAID YES, LOOKED LIKE.

KEY QUOTE

# 28 MR. COCHRAN:

EXCUSE ME FOR ELABORATING, YOUR HONOR.

KEY QUOTE

# 29 Q:

BY MR. COCHRAN: LOOKED LIKE, MEANING LOOKED LIKE THE SAME THING; IS THAT RIGHT, SIR?

# 30 A:

I DIDN'T SEE WHAT HE WROTE WHEN I WAS TALKING TO HIM. SO --

# 31 Q:

I UNDERSTAND.

# 32 A:

IT LOOKED LIKE A PAPER AND PEN.

KEY QUOTE

# 33 Q:

BUT HE HAD A NOTEPAD OR WHATEVER; IS THAT RIGHT?

# 34 A:

CORRECT.

# 35 (BRIEF PAUSE.)

# 36 MR. COCHRAN:

THANK YOU, YOUR HONOR. I HAVE NOTHING FURTHER. THANK YOU.

Temperature

routine

Key Quotes (3)

Sukru Boztepe

IT LOOKED LIKE A PAPER AND PEN.

Deflating end to the line of questioning — Boztepe could only confirm the officer had writing materials, not what was written or said.

Lance A. Ito

IT MEANS THAT -- YOU ASKED HIM WAS IT SIMILAR AND HE SAID YES, LOOKED LIKE.

Ito steps in to interpret the witness's answer for Cochran, a small but notable judicial intervention.

Johnnie Cochran

EXCUSE ME FOR ELABORATING, YOUR HONOR.

Cochran's brief, wry acknowledgment of the judge cutting him off.

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran

Ito intervenes to explain the witness's answer back to Cochran, who responds with mild self-deprecation about 'elaborating.'

mildly sardonic

Light Moments (1)

Johnnie Cochran

Cochran says 'Excuse me for elaborating, Your Honor' after Ito interprets the witness's answer for him.

Credibility Attacks (1)

⚔ Albert Schwab

prior inconsistent statement (implied)

Cochran attempts to establish that Schwab told police the dog was first seen around 11:15 p.m. — a timeline detail potentially inconsistent with other testimony — but Boztepe could not confirm Schwab gave that time.

Witness Demeanor

Repeatedly uncertain and hedging ('I don't remember,' 'I guess so,' 'I'm not so sure')

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 4764 • 36 utterances • Prosecution witness

Criminal Trial

Department 103