Re-redirect examination of Charles Cale

📄 Re-redirect examination of Charles Cale — Friday, March 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\31\RE-REDIRECT-EXAMINATION-OF-CHA.DOC

TRIAL

▲ Day 49 of 167

◀ Redirect examination of Charles Cale Witness excused ▶

Witness: Charles Cale
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, March 31, 1995 • Utterances: 62

Shapiro used his recross to establish that Cale did not see Simpson's Bentley on Rockingham during his dog walk between 9:30 and 9:45 PM. He then pivoted to challenge Cale's claimed ignorance of his own testimony, pressing him on his subpoena, his meeting with Darden, and his failure to return Shapiro's phone call. The examination ended with a striking admission from the reluctant witness.

# 1

RECROSS-EXAMINATION

# 2

BY MR. SHAPIRO:

# 3 Q:

WHEN YOU WERE WALKING YOUR DOG, SIR, DID YOU SEE A BENTLEY AUTOMOBILE DRIVING UP ROCKINGHAM?

# 4 A:

NO, SIR.

# 5 Q:

IF A BENTLEY HAD BEEN DRIVING UP BETWEEN 9:30 AND 9:45, WERE YOU IN A POSITION TO SEE IT?

# 6 A:

IF IT HAD ITS HEADLIGHTS ON AND UP THAT FAR TO THE CORNER, I WOULD HAVE BEEN, YES, SIR.

# 7 Q:

YOU'RE FAMILIAR WITH WHAT A BENTLEY LOOKS LIKE?

# 8 A:

YES, SIR.

# 9 Q:

HAVE YOU SEEN A BENTLEY VEHICLE AT MR. SIMPSON'S RESIDENCE?

# 10 A:

YES, SIR.

# 11 Q:

DID YOU SEE THAT VEHICLE DRIVING UP BETWEEN 9:30 AND 9:45?

# 12 A:

UH, NO, SIR.

# 13 Q:

WHEN WERE YOU TOLD BY ANY MEMBER OF THE DISTRICT ATTORNEY'S OFFICE OR PROSECUTION THAT YOU WOULD BE REQUIRED TO COME TO COURT TODAY?

# 14 A:

UH, I WAS ASKED YESTERDAY TO COME THIS MORNING TO MEET WITH MR. DARDEN. I DID NOT KNOW THAT I WAS GOING TO TESTIFY TILL I GOT HERE.

# 15 Q:

WHAT TIME WERE YOU ASKED YESTERDAY TO COME TO COURT?

# 16 A:

IT WAS IN THE MORNING.

# 17 Q:

HAD YOU RECEIVED A SUBPOENA TO COME TO COURT?

# 18 A:

YES, SIR.

# 19 Q:

AND WHAT IS A SUBPOENA?

# 20 A:

IT'S A ORDER OF THE COURT TO APPEAR.

# 21 Q:

FOR WHAT PURPOSE?

# 22 A:

TO TESTIFY.

# 23 Q:

AS A WITNESS.

# 24 A:

YES.

# 25 Q:

SO WHEN YOU GOT MY RE -- MY INQUIRY TO KINDLY CALL ME BACK AT 8:30, YOU KNEW YOU WERE GOING TO BE A WITNESS TODAY IN THIS COURTROOM; DID YOU NOT?

# 26 A:

NO, I DID NOT.

# 27 Q:

YOU DIDN'T HAVE THE SUBPOENA?

# 28 A:

I HAD BEEN SUBPOENAED SOME WEEKS AGO. I HAD BEEN TOLD THAT I WAS ON CALL, THAT THEY DIDN'T KNOW WHETHER THEY WOULD USE ME AND THAT THEY WANTED TO HAVE ME MEET WITH MR. DARDEN, AT WHICH TIME THERE WOULD BE DISCUSSION OR DECISION MADE BY MR. DARDEN WHETHER, WHEN AND IF I WOULD TESTIFY. I MET WITH MR. DARDEN THIS MORNING.

KEY QUOTE

# 29 Q:

YOU KNEW COURT WAS IN SESSION TODAY; DID YOU NOT?

# 30 A:

I THINK SO.

# 31 Q:

AND YOU KNOW MR. DARDEN'S ONE OF THE LAWYERS IN THIS CASE?

# 32 A:

YES, SIR.

# 33 Q:

AND, YOU KNOW HE'S IN COURT EVERY SINGLE DAY?

# 34 A:

I -- GUESS -- I GUESS HE IS IN COURT EVERY DAY, YES, SIR.

# 35 Q:

AND THAT YOUR WIFE WAS TOLD BY -- AT MY REQUEST, THAT YOU WERE SUBPOENAED AS A WITNESS BY THE DISTRICT ATTORNEY FOR TODAY? SHE TOLD YOU THAT, DIDN'T SHE?

# 36 A:

I'M SORRY. I DIDN'T FOLLOW THE QUESTION.

# 37 Q:

DIDN'T YOUR WIFE TELL YOU YESTERDAY THAT YOU WERE GOING TO BE A WITNESS IN THIS CASE TODAY?

# 38 A:

NO. I DON'T THINK MY WIFE TOLD ME THAT.

# 39 Q:

WELL, SIR, AS A LAWYER, HAVING RECEIVED A SUBPOENA, BEING PUT ON CALL, BEING NOTIFIED THAT YOU WERE TO COME TO COURT AND TO SEE MR. DARDEN WHO HAS BEEN IN COURT EVERY DAY SINCE THIS CASE HAS BEGUN, DID YOU COME TO THE CONCLUSION THAT YOU WERE GOING TO BE A WITNESS IN THIS CASE, SIR?

# 40 A:

I THOUGHT THERE WAS A CHANCE THAT I WOULD BE. I DID NOT KNOW THAT I WOULD BE A WITNESS TODAY.

# 41 Q:

AND KNOWING THAT, YOU STILL DID NOT RETURN MY PHONE CALL, DID YOU?

# 42 A:

I RECEIVED YOUR PHONE CALL, SIR, AT 8:15. I HAD BEEN IN BED MUCH OF THE DAY AND I THOUGHT AT THAT POINT THAT IT REALLY WASN'T INCUMBENT UPON ME TO CALL YOU BACK.

KEY QUOTE

# 43 Q:

AND I ALSO --

# 44 A:

I DID MAKE MYSELF AVAILABLE HERE TO YOU THIS MORNING.

# 45 Q:

AND I ALSO TOLD YOU THIS MORNING THAT IF YOU WERE NOT FEELING WELL, THAT WE WOULD HAVE NO OBJECTION TO RECESSING THIS CASE AND YOU COMING BACK WHEN YOU WERE FEELING FINE; ISN'T THAT CORRECT?

# 46 A:

THAT IS CORRECT.

# 47 Q:

AND AT THAT POINT IN TIME, YOU SAID YOU WOULD LIKE TO TALK TO MR. DARDEN, DIDN'T YOU?

# 48 A:

YES.

# 49 Q:

AND I WAS NEVER GIVEN THE OPPORTUNITY TO TALK TO YOU UNTIL YOU TOOK THE WITNESS STAND; ISN'T THAT CORRECT?

# 50 MS. CLARK:

OBJECTION, YOUR HONOR.

# 51 CHARLES CALE:

I DON'T --

# 52 MR. DARDEN:

OBJECTION.

# 53 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 54 Q:

BY MR. SHAPIRO: DID YOU ALLOW ME TO TALK TO YOU AFTER THAT CONVERSATION?

# 55 A:

MR. SHAPIRO, I WAS SITTING THERE. I EXPECTED THAT YOU WOULD COME BACK. YOU DIDN'T. I -- I -- YOU -- I TALKED WITH MR. DARDEN ABOUT WHETHER OR NOT HE WAS GOING TO PUT ME ON NOW OR WHETHER I SHOULD COME BACK LATER.

# 56 Q:

AND WHAT DID MR. DARDEN TELL YOU?

# 57 A:

HE SAID HE WANTED TO PUT ME ON NOW.

# 58 Q:

AND DID YOU TELL HIM THAT YOU WERE FEELING ILL AND THAT YOU SHOULDN'T BE PUT ON?

# 59 A:

I TOLD HIM I DIDN'T FEEL PARTICULARLY WELL.

# 60 Q:

DID YOU TELL HIM YOU WOULD RATHER NOT TESTIFY TODAY, YOU WOULD RATHER TAKE MR. SHAPIRO'S SUGGESTION AND COME BACK WHEN YOU WERE FEELING BETTER?

# 61 A:

I WOULD RATHER NOT TESTIFY AT ALL.

KEY QUOTE

# 62 MR. SHAPIRO:

THANK YOU. NOTHING FURTHER.

Temperature

tense

Key Quotes (3)

Charles Cale

I WOULD RATHER NOT TESTIFY AT ALL.

The most revealing moment of the examination — the witness openly admitted his reluctance, underscoring Shapiro's implicit argument that Cale was a prosecution-controlled witness who had avoided contact with the defense.

Charles Cale

I RECEIVED YOUR PHONE CALL, SIR, AT 8:15. I HAD BEEN IN BED MUCH OF THE DAY AND I THOUGHT AT THAT POINT THAT IT REALLY WASN'T INCUMBENT UPON ME TO CALL YOU BACK.

Cale's explanation for ignoring Shapiro's call reveals his alignment with the prosecution and his attitude toward the defense's access to him as a witness.

Charles Cale

I HAD BEEN SUBPOENAED SOME WEEKS AGO. I HAD BEEN TOLD THAT I WAS ON CALL, THAT THEY DIDN'T KNOW WHETHER THEY WOULD USE ME AND THAT THEY WANTED TO HAVE ME MEET WITH MR. DARDEN.

Undercuts Cale's earlier claim that he didn't know he'd testify — he was formally on call and had a pre-testimony meeting with the lead prosecutor.

Evidence (2)

Informal

Bentley automobile associated with Simpson's residence on Rockingham

Discussed — Cale confirmed he knows what a Bentley looks like and has seen one at Simpson's home, but did not see it driving on Rockingham between 9:30 and 9:45 PM

Informal

Subpoena served on Cale by the prosecution

Discussed — used by Shapiro to challenge Cale's claim he did not know he would testify

Notable Exchanges (2)

Robert Shapiro•Charles Cale

Shapiro methodically walked through the timeline of Cale's notice — subpoena weeks prior, on-call status, morning meeting with Darden — to demonstrate that Cale knew or strongly suspected he would testify, yet still did not return Shapiro's call.

strategic

Robert Shapiro•Charles Cale

Shapiro informed Cale he had offered to delay testimony if Cale was ill; Cale confirmed this but revealed he chose to consult Darden instead, who put him on immediately.

revealing

Credibility Attacks (1)

⚔ Charles Cale

bias / prior conduct

Shapiro argued that Cale — himself a lawyer — understood the subpoena process, knew he was likely to testify, yet deliberately avoided returning the defense's phone call and chose to coordinate exclusively with the prosecution before taking the stand.

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 5533 • 62 utterances • Prosecution witness

Criminal Trial

Department 103