📄 Sidebar: leading questions — Thursday, May 25, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\25\SIDEBAR-LEADING-QUESTIONS.DOC
TRIAL
▲ Day 82 of 167

Sidebar: leading questions

Date: Thursday, May 25, 1995 • Utterances: 10
During the examination of criminalist Yamauchi, Scheck objected that Harmon was asking leading questions on the important issue of how the analyst handled reference tubes and whether he followed correct procedures. Ito heard argument from both sides and tersely ruled against Harmon, saying the questions 'aren't close' to non-leading — prompting a dry 'Thanks' from Harmon.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We are over at the side bar. Counsel, do you have a case cite in California Evidentiary Law that states that that question, or the one before it, posed by Mr. Harmon is a leading question under the laws of evidence here in California?

3 MR. SCHECK:

Your Honor, I think a leading question is a question that suggests the answer, and I think that ordinarily, and I think the Court has noted that it has been my conduct during the course of this trial that on areas that are foundational and that are not of in dispute or not of great importance, I don't make objections to leading and permit the kind of foundational leading that one would ordinarily expect. The fact is that the way that this analyst handled the reference tubes and what he knew to be the correct procedures I think is an important issue, and I think that what is going on here is that Mr. Harmon is asking questions that suggest answers that he did it the same way he did the other one, et cetera, instead of asking the witness how did you do it, which would be the non-leading way of doing it. He doesn't ask the witness the non-leading form of the question in what I consider an important area because he is afraid the witness won't on his own do it correctly, so that is the only--I mean, I understand the Court's concern that I seem to be objecting when he is saying, well, did you do it the same way you did it before, et cetera.

4 THE COURT:

Uh-huh.

5 MR. SCHECK:

But in this particular area with this witness on this issue it seems to me that the form of these questions are ones which are suggesting an answer.

6 THE COURT:

Mr. Harmon.

7 MR. HARMON:

Well, I mean when you say "Did you," there is two possibilities, yes or no, so you know, I'm just trying to move this along and get to the results to give Barry the floor so he can do whatever he wants with Mr. Yamauchi, but it is clear that those are ambivalent questions, ambiguous questions.

8 THE COURT:

These aren't close.

9 MR. HARMON:

Thanks.

10 (The following proceedings were held in open court:)

Temperature

procedural

Key Quotes (3)

Barry Scheck
He doesn't ask the witness the non-leading form of the question in what I consider an important area because he is afraid the witness won't on his own do it correctly
Scheck explicitly accuses Harmon of coaching the witness through leading questions because the analyst might not volunteer favorable answers on his own — a pointed attack on both Harmon's tactics and Yamauchi's reliability.
Lance A. Ito
These aren't close.
A blunt ruling against Harmon, signaling the questions were clearly leading with no real ambiguity.
Rockne Harmon
Thanks.
Sardonic one-word response to the ruling — the only moment of personality in an otherwise procedural sidebar.

Evidence (1)

Informal
Reference tubes handled by analyst Yamauchi; correct procedures for handling them
discussed

Notable Exchanges (2)

Barry ScheckLance A. Ito
Scheck argues at length that leading questions in this area are significant because the method Yamauchi used to handle reference tubes is a contested issue — distinguishing this from foundational areas where he typically allows leading.
strategic
Rockne HarmonLance A. Ito
Harmon defends his questions as merely offering yes/no choices to move testimony along; Ito shuts him down flatly.
deflating

Light Moments (1)

Rockne Harmon
After Ito's terse 'These aren't close' ruling, Harmon responds with a dry 'Thanks.'

Credibility Attacks (1)

⚔ Collin Yamauchi
implicit — questioning reliability of direct examination
Scheck implies Harmon is leading Yamauchi because the witness cannot be trusted to volunteer favorable answers on his own regarding reference tube handling procedures.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 6193 • 10 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAY 25, 1995 📄 Sidebar: leading questions
MAY 25, 1995 KRT DvH TD