Cross-examination of Stephen Oppler (part 3)

📄 Cross-examination of Stephen Oppler (part 3) — Wednesday, September 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\13\CROSS-EXAMINATION-OF-STEPHEN-O.DOC

TRIAL

▲ Day 153 of 167

◀ Jury recalled Redirect examination of Stephen Oppler ▶

Witness: Stephen Oppler
Examiner: Peter Neufeld
Called by: Prosecution • Date: Wednesday, September 13, 1995 • Utterances: 85

Defense attorney Peter Neufeld concludes his cross-examination of Stephen Oppler by attacking his claimed objectivity on two fronts: first, that Oppler refused to speak with defense counsel alone during a recess but then spoke freely with prosecutors Clark and Darden; second, that there was a 14-minute gap in the videotaped interview of nurse Thano Peratis (who drew OJ's blood sample), and that Oppler cannot convincingly explain what occurred during that gap.

# 1 THE COURT:

Thank you, ladies and gentlemen. Please be seated. All right. Let the record reflect we've been rejoined by all the members of our jury panel. Mr. Steven Oppler is on the witness stand undergoing cross-examination by Mr. Neufeld. Mr. Neufeld, you may conclude your cross-examination.

# 2 MR. NEUFELD:

Thank you very much.

# 3 MR. NEUFELD:

Mr. Oppler, do you consider yourself objective and fair?

# 4 MR. OPPLER:

Yes.

# 5 MS. CLARK:

Objection, your Honor. Argumentative.

# 6 THE COURT:

Overruled.

# 7 MR. NEUFELD:

When we just took this 15-minute recess, sir--

# 8 THE COURT:

More like 35.

# 9 MR. NEUFELD:

Okay. When we just took this 35-minute recess, sir, did I approach you when you came off the stand and asked you if I could speak to you a few minutes alone?

# 10 MR. OPPLER:

Yes.

# 11 MR. NEUFELD:

And did you at that time refuse to speak to me alone and instead state that you would only speak with me if the Prosecutor Miss Clark was present?

# 12 MR. OPPLER:

I stated I would be more comfortable.

# 13 MR. NEUFELD:

Well, then I asked you after that, sir, if you would speak to me alone notwithstanding the fact that you would be more comfortable to have Miss Clark there. Did you then say, "I will not speak to you alone unless Miss Clark is present"?

# 14 MR. OPPLER:

After about four or five times when you kept saying, "Are you saying will you not speak to me," I said, "I would prefer Miss Clark be there."

# 15 MR. NEUFELD:

And after you kept saying that three or four times, sir, did you then say by that preference that you would be unwilling to sort of just walk over to the other side of the room alone and speak to me?

KEY QUOTE

# 16 MR. OPPLER:

Yes.

# 17 MR. NEUFELD:

Isn't that what happened?

# 18 MR. OPPLER:

That's what happened.

# 19 MR. NEUFELD:

And, sir, is that because you felt as a witness it's important to have both sides present when I interview you?

# 20 MR. OPPLER:

I--I don't know specifically what I thought. I just--I was in the middle of you questioning me, and to do it off the stand, I did not feel comfortable.

# 21 MR. NEUFELD:

Well, let me ask you this. Did you think that it would be the better practice, sir, that when you went out to Mr. Peratis' to have someone from the other side present as well?

# 22 MS. CLARK:

Objection. Asked and answered, argumentative.

# 23 THE COURT:

Sustained.

# 24 MR. NEUFELD:

Now, even after Miss Clark came over and the three of us stood over there in the well there during the break, do you recall me asking you a question off the record over there in front of Miss Clark whether or not after all the taping was done for the day, whether Mr. Peratis said anything to you at all about the substance of this case? Do you recall me asking you that?

# 25 MR. OPPLER:

Something to that effect.

# 26 MR. NEUFELD:

And do you recall, sir, that when I asked you that even in front of the Prosecutor, Miss Clark, that you said you wouldn't answer me there? Do you recall that, sir?

# 27 MR. OPPLER:

That was at the point where I just said that I would feel more comfortable--that--I'm sorry. Excuse me--I did not feel comfortable in what we were doing and I said I would answer anything under oath.

# 28 MR. NEUFELD:

And did you say, sir, that you wouldn't even answer my simple question over there with Miss Clark present?

# 29 MS. CLARK:

Objection. Argumentative.

# 30 THE COURT:

Sustained.

# 31 MR. NEUFELD:

Isn't it a fact, sir, that you then refused to talk to me at all about the substance of this case even with Miss Clark present during the recess?

# 32 MR. OPPLER:

Yeah. At that point, I really wasn't feeling comfortable. You kept repeating the same thing and I decided that it didn't feel appropriate to me.

KEY QUOTE

# 33 MR. NEUFELD:

Okay. But then after I walked away, you did have a conversation, of course, with Miss Clark and with Mr. Darden, didn't you?

# 34 MR. OPPLER:

I spoke to them.

# 35 MR. NEUFELD:

Now, would you consider yourself fair and objective? Is that true, sir?

# 36 MR. OPPLER:

Absolutely.

# 37 MR. NEUFELD:

Can we play the tape now? Oh, I think we need to mark this segment as an exhibit, your Honor.

# 38 THE COURT:

How do you propose to capture it? You're going to provide us with a separate video of this segment?

# 39 MR. NEUFELD:

I will, yes.

# 40 THE COURT:

Mrs. Robertson, Defense 13--

# 41 THE CLERK:

76.

# 42 THE COURT:

1376.

# 43 (Deft's 1376 for id = segment of videotape)

# 44 (At 3:40 P.M., Deft's exhibit 1376, a videotape, was played.)

# 45 MR. NEUFELD:

Notice that it's 3:59 on the bottom?

# 46 MR. OPPLER:

Yes.

# 47 (At 3:41 P.M., Deft's exhibit 1376, a videotape, continues playing.)

# 48 MR. NEUFELD:

Okay. Is that Mr. Goldberg's voice in the background, sir?

# 49 MR. OPPLER:

Yeah, I believe it was.

# 50 (At 3:41 P.M., Deft's exhibit 1376, a videotape, continues playing.)

# 51 MR. NEUFELD:

Thank you. You can stop.

# 52 (At 3:42 P.M., the playing of the videotape was concluded.)

# 53 MR. NEUFELD:

Sir, did you notice the clock?

# 54 MR. OPPLER:

Yes.

# 55 MR. NEUFELD:

Did you notice that the tape stopped at 3:29 P.M.--3:50--sorry.

# 56 MS. CLARK:

Objection.

# 57 THE COURT:

Restate the question.

# 58 MR. NEUFELD:

3:59 P.M. did you notice that, sir?

# 59 MR. OPPLER:

Yes.

# 60 MR. NEUFELD:

And did you notice that the tape resumed at 4:13 P.M.?

# 61 MR. OPPLER:

Yes.

# 62 MR. NEUFELD:

Okay. So there was 14 minutes when the tape was not playing; is that correct, sir?

KEY QUOTE

# 63 MR. OPPLER:

Yes.

# 64 MR. NEUFELD:

Now, is it your testimony that just all of a sudden after 14 minutes of no taping, that the tape was simply turned on and Mr. Peratis is sitting there with the syringe in the vial?

# 65 MS. CLARK:

Objection. Misstates the testimony. He said no such thing.

# 66 THE COURT:

Sustained. Rephrase the question.

# 67 MR. NEUFELD:

Didn't you testify, sir, earlier on cross-examination that there was no substantive discussion at all unless the tape was running?

# 68 MR. OPPLER:

I believe I said that. What I--after seeing that and recalling--after we stopped the tape, I don't recall specifically if it was Mr. Peratis saying he wanted to show us something or if it was Mr. Goldberg saying that there was something he forgot to mention, but we went back on the tape. Teresa, the photographer, had been packing up, and we reset it up and went back on the tape.

# 69 MR. NEUFELD:

Is it your testimony, sir, that during the 14 minutes after the first portion of the tape ended, that all that was said was, "Oop, there was something I forgot to bring up," or Mr. Goldberg said, "Oop, there's another question I wanted to ask you"? Is that what you're now saying, sir?

# 70 MR. OPPLER:

That--to the best of my recollection, that's what happened.

# 71 MR. NEUFELD:

And during the break, sir, did you see this portion of the tape, during this 35-minute recess we just took?

# 72 MR. OPPLER:

No.

# 73 MR. NEUFELD:

Sir, were you standing in this courtroom when I--when Mr. Harris played the tape with you standing here and Miss Clark standing right here (Indicating)?

# 74 MR. OPPLER:

Miss Clark said she wanted to see it. I was standing there, but I was not watching the monitor.

# 75 MR. NEUFELD:

It's your testimony, sir, that you were standing here during the break and the tape was playing and the audio was playing, but you didn't watch it at all?

# 76 MR. OPPLER:

It was on--

# 77 MR. NEUFELD:

Is that your testimony, sir?

# 78 MR. OPPLER:

It was on. I noticed it was on. I spoke to a lot of people during the break and I think that might have even been the time that Miss Martinez was in here. I was speaking to Mr. Darden, Miss Clark. It was on. I recall Miss Clark saying that she wanted to see it on that screen. I was not watching it at that point.

KEY QUOTE

# 79 MR. NEUFELD:

Mr. Oppler, the last series of questions before we broke for the recess dealt with your failure to acknowledge that there was a 14-minute gap between the first portion of the--

# 80 THE COURT:

Counsel, rephrase the question, please.

# 81 MR. NEUFELD:

Okay. Do you recall that this subject of the tape being turned off for several minutes, for 14 minutes, and then being turned on again was the last thing we were talking about before the break? Do you recall that?

# 82 MR. OPPLER:

Yes.

# 83 MR. NEUFELD:

And it's your testimony now that when I finally during that 35-minute recess played the segment that we just saw now, that you weren't watching, you weren't paying attention. Is that your testimony?

# 84 MR. OPPLER:

That's what I just said, yes.

# 85 MR. NEUFELD:

Thank you. Nothing further.

Temperature

tense

Key Quotes (4)

Peter Neufeld

And after you kept saying that three or four times, sir, did you then say by that preference that you would be unwilling to sort of just walk over to the other side of the room alone and speak to me?

Establishes that Oppler, despite claiming to be objective and fair, actively refused to speak with the defense without a prosecutor present.

Stephen Oppler

Yeah. At that point, I really wasn't feeling comfortable. You kept repeating the same thing and I decided that it didn't feel appropriate to me.

Oppler's admission that he refused to speak with defense counsel while then turning around and speaking freely with Clark and Darden — undermining his claimed objectivity.

Peter Neufeld

So there was 14 minutes when the tape was not playing; is that correct, sir?

Establishes the core evidentiary concern: a 14-minute gap in the Peratis videotape during which the syringe-and-vial demonstration apparently began, raising chain-of-custody questions about OJ's blood sample.

Stephen Oppler

It was on. I noticed it was on. I spoke to a lot of people during the break and I think that might have even been the time that Miss Martinez was in here. I was speaking to Mr. Darden, Miss Clark. It was on. I recall Miss Clark saying that she wanted to see it on that screen. I was not watching it at that point.

Oppler claims he was present while the tape played during recess but was not watching — a convenient non-observation given the tape addressed the very subject under examination.

Evidence (1)

Defense 1376

Segment of videotape recording of Thano Peratis, showing a 14-minute gap between 3:59 PM and 4:13 PM during which taping stopped and then resumed with Peratis demonstrating the syringe and vial

played in court, marked for identification

Notable Exchanges (3)

Peter Neufeld•Stephen Oppler

Neufeld methodically walks Oppler through his refusal to speak with defense counsel alone during the recess, then his refusal even with Clark present, then his subsequent willingness to speak with Clark and Darden — forcing Oppler to admit the asymmetry while Oppler insists he was simply uncomfortable.

strategic

Peter Neufeld•Stephen Oppler

Neufeld confronts Oppler with the 14-minute tape gap, pointing out that substantive activity (Peratis with syringe and vial) appears to have occurred during unrecorded time. Oppler's explanation — that someone simply forgot to mention something and the camera was reset — is pressed hard by Neufeld.

revealing

Peter Neufeld•Stephen Oppler

Neufeld ends by establishing that Oppler was present in the courtroom while the tape segment was played during the recess but claims he was not watching — despite the tape addressing the very subject under cross-examination.

pointed

Light Moments (2)

Lance A. Ito

Neufeld says 'when we just took this 15-minute recess' and Judge Ito drily corrects him: 'More like 35.'

Peter Neufeld

Neufeld misstates the timestamp mid-question ('3:29 P.M.--3:50--sorry') and has to restate.

Credibility Attacks (2)

⚔ Stephen Oppler

bias / conduct inconsistent with claimed objectivity

Neufeld demonstrates that Oppler refused to speak with defense counsel both alone and with Clark present, but then freely spoke with Clark and Darden — directly contradicting his assertion that he is 'objective and fair.'

⚔ Stephen Oppler

prior inconsistent statement / implausible testimony

Oppler had earlier testified there was no substantive off-tape discussion during the Peratis interview; Neufeld uses the 14-minute gap to show that cannot be true, and then further undermines Oppler by eliciting his implausible claim that he was not watching the tape during the recess even as it played right in front of him.

Witness Demeanor

Oppler repeatedly says he 'didn't feel comfortable' and 'wasn't comfortable,' suggesting defensiveness under sustained questioning.

Oppler self-corrects mid-answer: 'I'm sorry. Excuse me--' while trying to explain his refusal to answer during the recess.

Objections

6 objections (3 sustained, 1 overruled)

Proceeding 7642 • 85 utterances • Prosecution witness

Criminal Trial

Department 103