Redirect examination of Charles Cale

📄 Redirect examination of Charles Cale — Friday, March 31, 1995

Address:

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

TRIAL

▲ Day 49 of 167

◀ Cross-examination of Charles Cale (part 2) Recross-examination of Charles Cale ▶

Witness: Charles Cale
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, March 31, 1995 • Lines: 33

Darden uses redirect to rehabilitate Cale and shore up the prosecution's timeline. Darden poses conditional questions assuming a limousine at Rockingham at 10:22 or 10:39 PM. Cale answers that he was in bed and would not have seen it; the exchange does not itself establish limousine arrival times or settle consistency with Park's testimony. Darden also highlights that the defense investigator McKenna only contacted Cale on March 29, more than two months after Cale had already given police a statement on January 25.

# 1

REDIRECT EXAMINATION

# 2

BY MR. DARDEN:

# 3 Q:

MR. CALE, IS THERE SOME REASON THAT YOU DID NOT CALL MR. SHAPIRO BACK LAST NIGHT?

# 4 A:

WELL, I RECEIVED A CALL FROM A MUTUAL FRIEND SOMETIME IN THE -- AFTER 8:00 O'CLOCK IN THE EVENING. I HAD REALLY NOT BEEN FEELING WELL AS I HAD EXPLAINED AND I REALLY -- I DID NOT KNOW THAT I WAS GOING TO BE NECESSARILY TESTIFYING TODAY AND I DIDN'T REALLY THINK AT 8:15 I NEEDED TO CALL HIM BACK. I DIDN'T FEEL UP TO IT.

# 5 Q:

AND DID YOU ATTEMPT TO EXPLAIN THIS TO MR. SHAPIRO THIS MORNING?

# 6 A:

YES, SIR, I DID.

# 7 Q:

OKAY. IN FACT, WE DRAGGED YOU OUT OF YOUR SICK BED TODAY, DIDN'T WE?

KEY QUOTE

# 8 A:

WELL, YES.

# 9 Q:

YOU'VE TESTIFIED THAT YOU WERE OUT ON ROCKINGHAM AROUND 9:30 OR 9:45 P.M. SUNDAY NIGHT; IS THAT CORRECT?

# 10 A:

YES, SIR.

# 11 Q:

OKAY. AND SO IF A LIMOUSINE HAD PARKED ON ROCKINGHAM AT 10:22 P.M. SUNDAY NIGHT, YOU WOULDN'T HAVE SEEN THAT LIMOUSINE, WOULD YOU?

# 12 A:

I WAS IN BED. DON'T KNOW THAT I WAS ASLEEP, BUT I WAS IN BED.

KEY QUOTE

# 13 Q:

OKAY. AND IF THE LIMO WAS AT ROCKINGHAM AT 10:39, YOU WOULD NOT HAVE SEEN IT?

# 14 A:

SAME ANSWER.

# 15 Q:

AND YOU DID GIVE A STATEMENT TO THE POLICE IN LATE JANUARY; IS THAT CORRECT?

# 16 A:

YES, SIR, I DID.

# 17 Q:

AND WHEN MR. MC KENNA, THE DEFENSE INVESTIGATOR, CONTACTED YOU, IT WAS JUST THIS PAST WEDNESDAY; IS THAT RIGHT?

# 18 A:

IT WAS WEDNESDAY IN THE LATTER PART OF THE AFTERNOON.

# 19 Q:

AND THAT WOULD BE MARCH 29?

# 20 A:

YES, SIR.

# 21 Q:

OKAY. AND DOES THE STATEMENT THERE IN FRONT OF YOU, THE ONE MR. SHAPIRO GAVE TO YOU, INDICATE THE DATE OF YOUR INTERVIEW?

# 22 A:

JANUARY 25, 1995.

# 23 Q:

YOU SPOKE TO THE POLICE ON JANUARY 25 AND MR. MC KENNA CONTACTED YOU ON MARCH 29?

KEY QUOTE

# 24 A:

YES, SIR.

# 25 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

# 26 THE COURT:

CERTAINLY.

# 27 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 28 Q:

BY MR. DARDEN: WHEN YOU SPOKE TO THE POLICE IN JANUARY, DID YOU GIVE THEM THE APPROXIMATE TIME IN WHICH YOU WERE OUT WALKING THE DOG?

# 29 A:

YES, SIR.

# 30 Q:

OKAY. AND DID YOU TELL THEM ABOUT THE BRONCO NOT BEING THERE?

# 31 A:

YES, SIR.

# 32 MR. DARDEN:

THANK YOU, SIR.

# 33 THE COURT:

MR. SHAPIRO.

Temperature

procedural

Key Quotes (3)

Christopher Darden

IN FACT, WE DRAGGED YOU OUT OF YOUR SICK BED TODAY, DIDN'T WE?

Preemptive rehabilitation — Darden neutralizes any impression that Cale was evasive with Shapiro by framing him as an ill witness doing the prosecution a favor.

Charles Cale

I WAS IN BED. DON'T KNOW THAT I WAS ASLEEP, BUT I WAS IN BED.

Directly forecloses any defense argument that Cale would have seen the limousine if it had been there — he was inside by 10:22 PM.

Christopher Darden

YOU SPOKE TO THE POLICE ON JANUARY 25 AND MR. MC KENNA CONTACTED YOU ON MARCH 29?

Highlights the two-month gap between Cale's police statement and first defense contact, implying the defense was slow to investigate its own witness.

Evidence (1)

Informal

Cale's police interview statement dated January 25, 1995, which Shapiro had provided to Cale prior to testimony

discussed — used to confirm date and content of prior police statement

Notable Exchanges (2)

Christopher Darden•Charles Cale

Darden walks through the limo arrival times (10:22, 10:39) against Cale's established timeline (in bed after ~9:45 PM), getting clean confirmations that Cale would not have seen the limo either way.

strategic

Christopher Darden•Charles Cale

Darden confirms Cale told police about the Bronco's absence in January, well before any defense contact — bolstering the consistency and independence of Cale's account.

strategic

Objections

None recorded

Proceeding 5532 • 33 lines • Prosecution witness

Criminal Trial

Department 103