Cross-examination of Robert Heidstra (part 3)

📄 Cross-examination of Robert Heidstra (part 3) — Wednesday, July 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\12\CROSS-EXAMINATION-OF-ROBERT-HE.DOC

TRIAL

▲ Day 113 of 167

◀ In chambers: impeachment evidence Sidebar: impeachment evidence admissibility ▶

Witness: Robert Heidstra
Examiner: Christopher Darden
Called by: Defense • Date: Wednesday, July 12, 1995 • Lines: 57

Darden cross-examines Robert Heidstra about his discussions with Patricia Baret and a one-page statement marked People's 500 for identification. Heidstra agrees with some propositions about the voices, qualifies whether the second voice sounded very angry, and denies saying that he left a little after 10:00. The examination culminates when Darden asks whether Heidstra told Baret that the second voice sounded Black, which Heidstra flatly and repeatedly denies.

# 1 MR. DARDEN:

Thank you, your Honor. May I have People's next in order?

# 2 THE CLERK:

500.

# 3 MR. DARDEN:

Your Honor, I have here a one-page statement. May it be marked People's 500?

# 4 THE COURT:

People's 500.

# 5 (Peo's 500 for id = 1-page document)

# 6 MR. DARDEN:

Mr. Heidstra, let me show you a statement, a single-page document which has been marked People's 500. For the record, your Honor, I have blackened out the address and phone number of the--

# 7 THE COURT:

Thank you.

# 8 MR. DARDEN:

--the person indicated in the statement.

# 9 MR. DARDEN:

Please.

# 10 THE COURT:

Mr. Darden.

# 11 MR. DARDEN:

Thank you, your Honor.

# 12 MR. DARDEN:

Mr. Heidstra, you have already testified that you know Patricia Baret, correct?

# 13 MR. HEIDSTRA:

Correct.

# 14 MR. DARDEN:

You have discussed with her in the past your observations and perceptions the night of June 12th, correct?

# 15 MR. HEIDSTRA:

Yes.

# 16 MR. DARDEN:

Mr. Heidstra, did you tell--strike that. You have told us that you left your house at 10:15?

# 17 MR. HEIDSTRA:

Right.

# 18 MR. DARDEN:

Did you tell Miss Baret that you left your house a little after 10:00?

# 19 MR. HEIDSTRA:

No, 10:15.

# 20 MR. DARDEN:

You never told Miss Baret that you left your house a little after 10:00?

# 21 MR. HEIDSTRA:

No, never.

# 22 MR. DARDEN:

And you have told us that--well, strike that. Did you tell Miss Baret that the first voice that you heard, the voice that yelled, "Hey, hey, hey," did you tell Miss Baret that that voice seemed to be the voice of a young man?

# 23 MR. HEIDSTRA:

Yeah, a clear young man, sound like a young adult.

# 24 MR. DARDEN:

And in response to "Hey, hey, hey," you heard another voice; is that correct?

# 25 MR. HEIDSTRA:

Very short, yeah.

# 26 MR. DARDEN:

And that second voice, was that voice loud?

# 27 MR. HEIDSTRA:

Not loud, not very loud.

# 28 MR. DARDEN:

But you could hear it?

# 29 MR. HEIDSTRA:

Yeah, over the dogs, the commotion of the dogs.

KEY QUOTE

# 30 MR. DARDEN:

Okay. Could you determine whether or not the second voice that you heard sounded angry?

# 31 MR. HEIDSTRA:

I couldn't say that for sure. It was like an argument or something.

# 32 MR. DARDEN:

Well, didn't you tell Miss Baret that the second voice that you heard sounded very angry?

# 33 MR. HEIDSTRA:

Not very angry. I said it was an argument, like an argument, fast talking.

KEY QUOTE

# 34 MR. DARDEN:

Okay. Like everyone, I'm sure you've heard a number of different people speak; is that correct?

# 35 MR. HEIDSTRA:

Yes.

# 36 MR. DARDEN:

Older people, correct?

# 37 MR. HEIDSTRA:

Sure.

# 38 MR. DARDEN:

Young people?

# 39 MR. HEIDSTRA:

Children.

# 40 MR. DARDEN:

Caucasian people?

# 41 MR. HEIDSTRA:

Black people, Chinese, you name it.

# 42 MR. DARDEN:

The second voice that you heard, could you tell whether or not that second voice sounded like the voice of an older man?

# 43 MR. HEIDSTRA:

Maybe what--what do you mean by "Older man"? Maybe older than the other person maybe, yes, could be.

# 44 MR. DARDEN:

Well, was it your opinion that the voice of the second man belonged to a man older than the voice of the first man?

# 45 MR. HEIDSTRA:

It could be an older man, yes.

# 46 MR. DARDEN:

Okay. And you told Miss Baret that the second voice was the voice of an older man, didn't you?

# 47 MR. HEIDSTRA:

Yeah.

# 48 MR. DARDEN:

You did tell her that?

# 49 (No audible response.)

# 50 MR. DARDEN:

Okay. And were you able to determine the ethnicity of the person who you say was the second voice?

# 51 MR. COCHRAN:

Object to that--the form of that question, your Honor.

# 52 THE COURT:

Overruled.

# 53 MR. HEIDSTRA:

No, no, no.

# 54 MR. DARDEN:

Isn't it true that you told Patricia Baret that the second voice, which would be the older man, sounded black?

KEY QUOTE

# 55 MR. HEIDSTRA:

Never said that, no, never. Never said that ever. I couldn't hear that voice.

KEY QUOTE

# 56 MR. DARDEN:

I think we need to approach for a moment, your Honor.

# 57 THE COURT:

All right. With the court reporter.

Temperature

tense

Key Quotes (4)

Robert Heidstra

Never said that, no, never. Never said that ever. I couldn't hear that voice.

Heidstra's emphatic denial that he described the second voice as sounding Black — the most explosive moment of the cross, prompting Darden to immediately request a bench conference.

Robert Heidstra

Not very angry. I said it was an argument, like an argument, fast talking.

Heidstra hedges against Darden's framing that he told Baret the second voice sounded 'very angry,' revealing a pattern of the witness qualifying prior characterizations.

Robert Heidstra

Yeah, over the dogs, the commotion of the dogs.

Explains that Heidstra could hear the quieter second voice over the dogs and their commotion.

Christopher Darden

Isn't it true that you told Patricia Baret that the second voice, which would be the older man, sounded black?

Darden presented the disputed characterization that Heidstra had described the second voice as sounding Black; Heidstra emphatically denied being able to determine the speaker's ethnicity and denied making that statement.

Evidence (1)

People's 500

One-page statement marked People's 500 and shown to Robert Heidstra, with the address and phone number of the person indicated in the statement redacted

marked for identification and shown to Robert Heidstra during cross-examination

Notable Exchanges (2)

Christopher Darden•Robert Heidstra

Darden questioned Heidstra about statements to Baret concerning his departure time and the voices. Heidstra agreed that he had described the first voice as young and the second as older, denied saying that he left a little after 10:00, and qualified the claim that the second voice sounded very angry before denying that he said it sounded Black.

strategic

Christopher Darden•Lance A. Ito

After Heidstra's flat denial of the 'sounded black' characterization, Darden immediately requested a bench conference, suggesting he had documentary evidence (People's 500) to press the point further.

procedural

Light Moments (1)

Robert Heidstra

When Darden lists types of people Heidstra has heard speak — older, younger, Caucasian — Heidstra completes the list with 'Black people, Chinese, you name it,' stepping on Darden's carefully escalating setup.

Credibility Attacks (1)

⚔ Robert Heidstra

prior inconsistent statement

Darden questioned Heidstra about whether he had told Patricia Baret that he left a little after 10:00, that the second voice sounded very angry, and that it sounded Black. Heidstra denied the departure-time and race characterizations and qualified the anger characterization, saying it sounded like an argument.

Witness Demeanor

(No audible response.) — after Heidstra answered affirmatively when Darden asked whether he had told Baret the second voice was an older man's voice, and Darden asked him to confirm that answer

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6769 • 57 lines • Defense witness

Criminal Trial

Department 103