📄 Motion: leading questions for hostile witness — Wednesday, July 26, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\26\MOTION-LEADING-QUESTIONS-FOR-H.DOC
TRIAL
▲ Day 122 of 167

Motion: leading questions for hostile witness

Date: Wednesday, July 26, 1995 • Utterances: 14
Defense attorney Robert Blasier asked Judge Ito for permission to treat FBI Agent Martz as a hostile witness during redirect examination, allowing leading questions. Marcia Clark objected, arguing that disagreeing with a witness's answers doesn't make them hostile. Ito granted the motion briefly and without elaboration.
1 MR. BLASIER:

Good afternoon, your Honor. In order to avoid a break between Miss Clark's cross-examination and my redirect, I would like to make this motion now. Even though we called Agent Martz as our witness, I think it is apparent that he is not--that he is a hostile witness to the Defense. I think that is not only apparent by who he was doing these tests for, but his change in demeanor after yesterday morning's session, as well as his demeanor during Miss Clark's cross-examination. So I would ask leave of the Court under 776 to cross-examine him in place of my redirect examination when she is done.

2 THE COURT:

In other words, you are asking for the ability to ask leading questions?

3 MR. BLASIER:

Yes.

4 THE COURT:

All right. Miss Clark, any comment?

5 MS. CLARK:

He was asking leading questions.

6 THE COURT:

You didn't object.

7 MS. CLARK:

That's right. I didn't. I don't see that there is any big change. I don't think that Agent Martz is going to be a hostile witness. He has been very forthright. If counsel is unhappy with his answers, that doesn't make him hostile. Seriously. You know, I mean substantively you may not like the answer, that doesn't make the witness hostile. So I don't know what Mr. Blasier proposes to change, but I would urge the Court not to make that finding because I don't think it would be warranted by the evidence or by the witness' testimony thus far.

8 THE COURT:

All right. Thank you, counsel. Anything else, Mr. Blasier?

9 MR. BLASIER:

No. I'll submit it.

10 THE COURT:

All right. Your request is granted.

KEY QUOTE
11 MR. BLASIER:

I'm sorry?

12 THE COURT:

Your request is granted.

KEY QUOTE
13 MR. BLASIER:

Thank you.

14 THE COURT:

You are welcome. Let's have the jury, please.

Temperature

procedural

Key Quotes (3)

Marcia Clark
If counsel is unhappy with his answers, that doesn't make him hostile. Seriously. You know, I mean substantively you may not like the answer, that doesn't make the witness hostile.
Clark's core argument against the motion — that hostility is about demeanor and bias, not just unhelpful answers.
Lance A. Ito
You didn't object.
Ito pointedly notes that Clark failed to object when Blasier was already asking leading questions, undercutting her opposition to the motion.
Lance A. Ito
Your request is granted.
Terse, immediate ruling with no explanation — classic Ito efficiency, and a win for the Defense.

Notable Exchanges (2)

Lance A. ItoMarcia Clark
Ito quietly punctures Clark's opposition by noting she never objected when Blasier was already asking leading questions during direct.
strategic
Robert BlasierLance A. Ito
Blasier didn't hear the ruling and asked Ito to repeat it — a small moment of surprise at the swift, clean grant.
routine

Light Moments (1)

Robert Blasier
Blasier missed the ruling entirely and had to ask 'I'm sorry?' — Ito repeated it deadpan.

Credibility Attacks (1)

⚔ Agent Martz
hostile witness designation
Blasier argued Martz's changed demeanor after the morning session and his alignment with the prosecution warranted treating him as hostile on redirect, enabling leading questions.

Objections

None recorded
Proceeding 7036 • 14 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUL 26, 1995 📄 Motion: leading questions for
JUL 26, 1995 KRT DvH TD