Recross-examination of John Meraz

📄 Recross-examination of John Meraz — Wednesday, July 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\19\RECROSS-EXAMINATION-OF-JOHN-ME.DOC

TRIAL

▲ Day 118 of 167

◀ Redirect examination of John Meraz Further redirect examination of John Meraz ▶

Witness: John Meraz
Examiner: Marcia Clark
Called by: Defense • Date: Wednesday, July 19, 1995 • Utterances: 113

Marcia Clark recrosses John Meraz, a Viertel's garage employee, pressing him on his earlier concession that print dust was visible on the Bronco's door and that the photograph showed the LAPD print shack. Meraz retreated from his morning testimony, repeatedly hedging with 'could well be' instead of his earlier definitive answers, prompting Clark to aggressively challenge the inconsistency. The examination ended abruptly with a puzzling question about a 'Mark Laski,' a limousine driver, which was cut off as beyond scope.

# 1 MS. CLARK:

This is People's 528. People's 528, your Honor.

RECROSS-EXAMINATION BY MS. CLARK

# 2 MS. CLARK:

When I showed you this photograph on cross-examination just a short time ago, Mr. Meraz, you conceded that that looked like print dust on the door, correct?

# 3 MR. MERAZ:

From where I am, yes.

# 4 MS. CLARK:

Well--

# 5 MR. MERAZ:

Looking at the picture, yes.

# 6 MS. CLARK:

Let's zoom in.

# 7 MS. CLARK:

Does that help you, sir?

# 8 MR. MERAZ:

It helped me before.

# 9 MS. CLARK:

And does it help you now?

# 10 MR. COCHRAN:

Asked and answered, your Honor.

# 11 THE COURT:

Overruled.

# 12 MS. CLARK:

Does that look like print dust to you?

# 13 MR. MERAZ:

Yes, it does.

# 14 MS. CLARK:

And when I cross-examined you earlier this morning, sir, you conceded that this was the print shack where you recovered the Bronco from on June the 15th, correct?

# 15 MR. MERAZ:

Well, it very well could be the print shed.

# 16 MS. CLARK:

Would you like to change that testimony now, sir--

# 17 MR. MERAZ:

No, I wouldn't.

# 18 MS. CLARK:

--to indicate you're unsure?

# 19 MR. COCHRAN:

Your Honor, that's argumentative.

# 20 THE COURT:

It is. Rephrase the question.

# 21 MS. CLARK:

When you answered the question earlier this morning, you told us that that was the print shack from which you recovered the Bronco on June the 15th, didn't you?

# 22 MR. MERAZ:

Yes, I did.

# 23 MS. CLARK:

Do you want to change that testimony now, sir?

# 24 MR. MERAZ:

I don't want to change anything.

# 25 MS. CLARK:

That is the print shack from which you recovered the Bronco then on June the 15th, isn't it, sir?

# 26 MR. MERAZ:

I'm saying now it looks like it.

KEY QUOTE

# 27 MS. CLARK:

You're saying now it looks like it. You're unwilling now to say that it is?

# 28 MR. MERAZ:

Could well be the print shed.

# 29 MS. CLARK:

So, Mr. Meraz, are you going to change your testimony from this morning and say could well be or are you going to stick with the testimony you gave us this morning and say it is?

# 30 MR. COCHRAN:

Your Honor, that's argumentative.

# 31 THE COURT:

It is. Rephrase the question.

# 32 MS. CLARK:

Does that look like the print shack, sir, from which you recovered the Bronco on June the 15th?

# 33 MR. MERAZ:

It could well be the print shed.

# 34 MS. CLARK:

How many times have you been in that print shack over the years that you worked for Viertel's?

# 35 MR. MERAZ:

Several times.

# 36 MS. CLARK:

Several?

# 37 MR. MERAZ:

Yes.

# 38 MS. CLARK:

You've been there 20 years?

# 39 MR. MERAZ:

Yes.

# 40 MS. CLARK:

How many times per week did you go to that print shack?

# 41 MR. MERAZ:

It would vary. Sometimes I wouldn't go. Sometimes I would.

# 42 MS. CLARK:

Give us an average.

# 43 MR. MERAZ:

An average?

# 44 MR. COCHRAN:

Can he finish his answer, your Honor?

# 45 MR. MERAZ:

Could well be four or five times a year.

# 46 MS. CLARK:

Four or five times a year?

# 47 MR. MERAZ:

Yes.

# 48 MS. CLARK:

You go to the print shack?

# 49 MR. MERAZ:

Yes.

# 50 MS. CLARK:

You are an official police garage?

# 51 MR. COCHRAN:

Objection to that tone of voice.

# 52 THE COURT:

Sustained.

# 53 MS. CLARK:

You're an official police garage, are you not, Viertel's?

# 54 MR. MERAZ:

At least when I was there, yes.

# 55 MS. CLARK:

Yes. And official police garages recover cars and vehicles from that print shack on a fairly regular basis, don't they, sir?

# 56 MR. MERAZ:

Not true.

# 57 MS. CLARK:

You would only go there four or five times a year?

# 58 MR. MERAZ:

Myself.

# 59 MS. CLARK:

Yourself. All right. Let's assume that's true. Four or five times a year for 20 years.

# 60 MR. COCHRAN:

I object. Just a moment. Argumentative, your Honor.

# 61 THE COURT:

It is.

# 62 MR. COCHRAN:

That's also beyond the scope of redirect examination.

# 63 THE COURT:

It is not. It's not.

# 64 MS. CLARK:

Five times--five times a year for 20 years, correct? So you've been to that print shack at least a hundred times; isn't that right?

# 65 MR. COCHRAN:

Your Honor, that assumes a fact not in evidence, that it was there 20 years ago.

# 66 THE COURT:

Overruled. Overruled.

# 67 MR. MERAZ:

Well, 20 years ago--

# 68 MS. CLARK:

This is the problem with speaking objections, your Honor.

KEY QUOTE

# 69 THE COURT:

It is. Proceed.

# 70 MS. CLARK:

Has Mr. Cochran now informed you how you should answer the question, sir?

KEY QUOTE

# 71 MR. COCHRAN:

Objection. That's argumentative, your Honor.

# 72 THE COURT:

Sustained.

# 73 MS. CLARK:

Would it be fair to say that you've been in that print shack about a hundred times, Mr. Meraz?

# 74 MR. MERAZ:

I couldn't give you a count. I'm just giving you a number per year.

# 75 MS. CLARK:

And would it be fair to say that all tolled, you've been in that print shack over a hundred times?

# 76 MR. MERAZ:

First of all, I don't know when it existed there.

# 77 MS. CLARK:

Can you answer the question?

# 78 MR. MERAZ:

Repeat it again, please.

# 79 MS. CLARK:

During the time you've been employed at Viertel's, would it be fair to say that over the entire time you've been employed there, you've been in that print shack at least a hundred times?

# 80 MR. MERAZ:

For me to say over a hundred times, I can't honestly say that because I really don't know.

KEY QUOTE

# 81 MS. CLARK:

How about 80, Mr. Meraz?

# 82 MR. MERAZ:

I can't give you a number because I really don't know. I'm being honest with you.

# 83 MS. CLARK:

Was June the 15th the last time you were in the print shack?

# 84 MR. MERAZ:

That was the last time, yes.

# 85 MS. CLARK:

It was certainly not the first?

# 86 MR. MERAZ:

It wasn't the first, no.

# 87 MS. CLARK:

And that looks like the print shack that's in this photograph, doesn't it, sir?

# 88 MR. MERAZ:

It could well be, yes.

# 89 MS. CLARK:

And the dust and the dirt that you saw in the driver's side door looks like print dust, doesn't it, sir?

# 90 MR. MERAZ:

It looks like it, yes.

# 91 MS. CLARK:

And when you were confronted with this photograph and during cross-examination this morning, you admitted that you were wrong when you testified earlier that you did not see print dust on the door of the Bronco?

# 92 MR. COCHRAN:

Misstates the evidence, your Honor.

# 93 THE COURT:

Overruled.

# 94 MR. COCHRAN:

Improper.

# 95 MS. CLARK:

Do you recall that?

# 96 MR. MERAZ:

I recall that, yes.

# 97 MS. CLARK:

Do you wish to change that too now, sir?

# 98 MR. MERAZ:

I wish not to change anything.

# 99 MS. CLARK:

Do you admit now that still that you were wrong about not seeing print dust on the door of the Bronco?

# 100 THE COURT:

Sustained. Sustained. Let's move on.

# 101 MS. CLARK:

May I have one moment, your Honor?

# 102 (Brief pause.)

# 103 MS. CLARK:

Do you know someone by the name of Mark Laski?

# 104 MR. MERAZ:

Excuse me?

# 105 MS. CLARK:

Do you know someone by the name of Mark Laski?

# 106 MR. MERAZ:

Not Laski, no.

# 107 MS. CLARK:

A limousine driver, Mr. Meraz.

# 108 MR. MERAZ:

I don't know a limousine driver.

# 109 MS. CLARK:

You don't know any limousine drivers?

# 110 MR. MERAZ:

No.

# 111 MR. COCHRAN:

Your Honor, this is beyond the scope.

# 112 THE COURT:

It is.

# 113 MS. CLARK:

Thank you. I have nothing further.

Temperature

tense

Key Quotes (4)

John Meraz

I'm saying now it looks like it.

Meraz walks back his definitive morning testimony, shifting to hedged language — exactly the kind of inconsistency Clark is trying to expose.

Marcia Clark

This is the problem with speaking objections, your Honor.

Clark directly accuses Cochran of coaching the witness through objections, a sharp courtroom confrontation.

Marcia Clark

Has Mr. Cochran now informed you how you should answer the question, sir?

Clark explicitly suggests witness coaching to the jury, drawing a sustained objection.

John Meraz

For me to say over a hundred times, I can't honestly say that because I really don't know.

Meraz resists Clark's math while claiming honesty — undermining his earlier confident testimony by comparison.

Evidence (1)

People's 528

Photograph of the LAPD print shack, showing the Bronco and apparent print dust on the driver's side door

discussed, used to impeach Meraz's hedged testimony

Notable Exchanges (3)

Marcia Clark•Lance A. Ito•Johnnie Cochran

Clark accuses Cochran of coaching Meraz through speaking objections; Ito agrees it is a problem and tells Clark to proceed.

heated

Marcia Clark•John Meraz

Clark attempts to pin Meraz to a count of 100+ visits to the print shack over 20 years; Meraz repeatedly refuses to commit to any number, saying he 'can't honestly say.'

strategic

Marcia Clark•John Meraz

Clark asks about 'Mark Laski,' a limousine driver — a question immediately cut off as beyond scope before Meraz could answer.

mysterious

Credibility Attacks (2)

⚔ John Meraz

prior inconsistent statement

Clark repeatedly contrasts Meraz's definitive morning testimony with his hedged recross answers ('could well be'), forcing him to either recommit or admit inconsistency.

⚔ Johnnie Cochran

witness coaching allegation

Clark accused Cochran of using speaking objections to signal to Meraz how to answer, asking pointedly whether Cochran had 'informed' Meraz how to respond.

Witness Demeanor

(Brief pause.) — after Clark asks for a moment before the Laski question

Objections

11 objections (4 sustained, 3 overruled)

Proceeding 6935 • 113 utterances • Defense witness

Criminal Trial

Department 103