Redirect examination of Stephen Oppler

📄 Redirect examination of Stephen Oppler — Wednesday, September 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\13\REDIRECT-EXAMINATION-OF-STEPHE.DOC

TRIAL

▲ Day 153 of 167

◀ Cross-examination of Stephen Oppler (part 3) Recross-examination of Stephen Oppler ▶

Witness: Stephen Oppler
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, September 13, 1995 • Utterances: 173

Marcia Clark redirected Oppler to rehabilitate him after Neufeld's cross-examination, focusing on three areas: explaining the 14-minute gap in the Peratis videotape (equipment was being packed up), establishing that Oppler had no substantive role in directing the interview or coaching Peratis, and addressing Neufeld's hostile conduct toward Oppler during the mid-testimony break. Clark also introduced People's 617, Oppler's investigative report documenting the taping session.

# 1 THE COURT:

Miss Clark.

REDIRECT-EXAMINATION BY MS. CLARK

# 2 MS. CLARK:

Mr. Oppler, when you came down to court today, what did you expect to be doing?

# 3 MR. NEUFELD:

I'm sorry. I couldn't hear the question, your Honor.

# 4 THE COURT:

You have it right there in front of you, don't you?

# 5 MR. NEUFELD:

No, I don't. I'm sorry.

# 6 THE COURT:

The question was, what was he expecting to testify to today.

# 7 MR. NEUFELD:

Objection. Irrelevant.

# 8 THE COURT:

Overruled.

# 9 MR. OPPLER:

I was expecting to come here and introduce the videotape and basically be done.

KEY QUOTE

# 10 MS. CLARK:

Did you even expect to be cross-examined?

# 11 MR. OPPLER:

Maybe a question or two.

# 12 MR. NEUFELD:

Objection, your Honor, as to his expectations.

# 13 THE COURT:

Overruled.

# 14 MS. CLARK:

You indicated there was a report you prepared. Have you seen that report, sir?

# 15 MR. OPPLER:

Yes.

# 16 MS. CLARK:

What does it--what did you put into that report?

# 17 MR. NEUFELD:

Objection, your Honor, as to the report.

# 18 THE COURT:

Sustained.

# 19 MR. NEUFELD:

Hearsay.

# 20 MS. CLARK:

I'd like to mark this report, your Honor, People's next in order.

# 21 MR. NEUFELD:

Can we have a copy?

# 22 MS. CLARK:

You have it.

# 23 THE COURT:

617.

# 24 (Peo's 617 for id = report)

# 25 THE COURT:

And, counsel--I'm sorry. Excuse me. The videotape should be 1375, the People's--excuse me--Defense next exhibit.

(Deft's previously marked 1375 for id =

Videotape)

# 26 THE COURT:

Miss Clark.

# 27 MS. CLARK:

Showing you 617, sir, do you recognize that?

# 28 MR. OPPLER:

Yes, I do.

# 29 MS. CLARK:

What is it?

# 30 MR. OPPLER:

It's a report I wrote on July 31st.

# 31 MS. CLARK:

Does it contain anything about the substance of the interview conducted by Hank Goldberg with Thano Peratis?

# 32 MR. OPPLER:

No.

# 33 MS. CLARK:

What do you put into your report?

# 34 MR. NEUFELD:

Objection, your Honor.

# 35 THE COURT:

Sustained.

# 36 MS. CLARK:

What's the purpose of preparing that report, sir?

# 37 MR. OPPLER:

Just to make a record of the--of who went there, where we went and that we videotaped it and I audiotaped it and the numbers designated by our sound lab and photo lab.

# 38 MS. CLARK:

Was there any substantive information in that report at all other than simply--

# 39 MR. NEUFELD:

Objection. Hearsay.

# 40 THE COURT:

Finish the question.

# 41 MS. CLARK:

Was there anything substantive concerning the subject matter of the interview in that report, sir?

# 42 MR. NEUFELD:

Objection. Hearsay.

# 43 THE COURT:

Overruled.

# 44 MR. OPPLER:

The only thing that I wrote of substance--

# 45 MR. NEUFELD:

Objection as to what he wrote.

# 46 THE COURT:

No. The question--just answer the question yes or no. Was there anything substantive?

# 47 MR. OPPLER:

Yes.

# 48 MS. CLARK:

And what is that?

# 49 MR. NEUFELD:

Objection. Hearsay.

# 50 THE COURT:

Sustained.

# 51 MS. CLARK:

What is the purpose of that report, sir?

# 52 MR. NEUFELD:

Asked and answered.

# 53 THE COURT:

Overruled. Who wants to make the objections there?

# 54 MR. OPPLER:

Primarily just to document that I was there with D.A. Goldberg and to--

# 55 MR. NEUFELD:

Your Honor, I would object. The question was what is the purpose of a report, not what is the purpose of this particular report.

# 56 THE COURT:

Overruled. Overruled.

# 57 MR. OPPLER:

And to put into the record the numbers of the two tapes.

# 58 MS. CLARK:

Numbers?

# 59 MR. OPPLER:

We--the sound lab--our sound lab, the District Attorney's Bureau of Investigation sound lab gives an evidence number or their number to videotapes and audiotapes that we make.

# 60 MS. CLARK:

Okay. And that's why you make a report, to document that?

# 61 MR. OPPLER:

That's why I did it, yes.

# 62 MS. CLARK:

Now, you are aware, sir, are you not, that the Defense has interviewed Thano Peratis?

# 63 MR. NEUFELD:

Objection, your Honor.

# 64 THE COURT:

Overruled.

# 65 MR. OPPLER:

Yes.

# 66 MS. CLARK:

And are you aware of exactly when that interview took place?

# 67 MR. OPPLER:

No, I'm not.

# 68 MS. CLARK:

Are you aware that the interview occurred--

# 69 MR. NEUFELD:

Objection, your Honor. He already said he wasn't aware.

# 70 THE COURT:

Sustained.

# 71 MS. CLARK:

I asked exactly where--when the interview took place. You're not aware of when that interview took place?

# 72 MR. OPPLER:

No.

# 73 MS. CLARK:

Okay. Were you aware of whether it took place before or after this videotaped interview on July 27th?

# 74 MR. OPPLER:

I'm not aware of it.

# 75 MS. CLARK:

So other than the fact that you know the Defense did talk to Mr. Peratis, you don't know when it was?

# 76 MR. OPPLER:

Right.

# 77 MS. CLARK:

Did you ask any questions of Mr. Peratis during this interview, sir?

# 78 MR. OPPLER:

No, I don't believe so other than when he was sticking the needle back in the cup not to stick me with it when I was holding it. I think I requested that.

KEY QUOTE

# 79 MS. CLARK:

You were holding the cup that he put the needle back into?

# 80 MR. OPPLER:

When he was drawing water during the demonstration.

# 81 MS. CLARK:

Okay. And then you were holding a cup for him?

# 82 MR. OPPLER:

Yes.

# 83 MS. CLARK:

When he put the needle back in, you asked him not to stick you with the needle?

# 84 MR. OPPLER:

I thing something to the effect be careful not to stick me with the needle.

# 85 MS. CLARK:

All right. Other than that request, did you direct this interview, sir?

# 86 MR. OPPLER:

No.

# 87 MS. CLARK:

Did you have anything to do with determining what the content of the questions would be by Mr. Goldberg?

# 88 MR. OPPLER:

No.

# 89 MS. CLARK:

Did you ask that the tape be turned off at any particular point?

# 90 MR. OPPLER:

Yes.

# 91 MS. CLARK:

Did you ask that the tape be turned on at any particular point?

# 92 MR. OPPLER:

No.

# 93 MS. CLARK:

What were you doing there, sir?

# 94 MR. OPPLER:

It was my understanding when I went out that it was just going to be to document that it happened--

# 95 MR. NEUFELD:

Objection.

# 96 THE COURT:

Overruled.

# 97 MR. OPPLER:

--to document that it happened. It was going to be a videotape. It was my belief that I was--if need be, I was just going to introduce that here and that it would speak for itself.

# 98 MS. CLARK:

Did you expect to come here and be badgered like this by Mr. Neufeld?

KEY QUOTE

# 99 THE COURT:

Sustained. Sustained.

# 100 MR. NEUFELD:

Objection, your Honor.

# 101 MS. CLARK:

All right. When Mr. Neufeld asked you questions during this half-hour break, sir, can you describe his demeanor?

# 102 MR. OPPLER:

Hostile.

# 103 MS. CLARK:

In the manner in which he asked you questions?

# 104 MR. OPPLER:

In the manner in which he kept repeating after I told him I preferred not to.

# 105 MS. CLARK:

And why did you prefer not to, sir?

# 106 MR. OPPLER:

It just didn't feel comfortable, didn't feel right for me to do it in the middle of my testimony.

# 107 MS. CLARK:

Did you tell him under what conditions you would answer questions?

# 108 MR. OPPLER:

On the stand.

# 109 MS. CLARK:

Under oath?

# 110 MR. OPPLER:

Under oath, I said I would be happy to answer anything.

KEY QUOTE

# 111 MS. CLARK:

Now, during the 14 minutes--can you tell us, first of all, the tape stopped at 3:59, correct?

# 112 MR. OPPLER:

Yes.

# 113 MS. CLARK:

And after the tape stopped, what happened?

# 114 MR. OPPLER:

I don't--it--I don't recall if it was Mr. Peratis saying there was something that he still needed to demonstrate or if it was Hank Goldberg, D.A. Goldberg remembering that he wanted him to demonstrate something, but there was something else that was going to be done. It was almost an afterthought and then it was done. We were back on the tape and they did it.

# 115 MS. CLARK:

All right. Now, before you were actually shown the segment where there was a stop and a start in the tape, did you have an independent recollection of that event, of it having been stopped and started?

# 116 MR. OPPLER:

No. It happened about the same time, as I said, that she tested to make sure that it taped before we left toward the end. He had a TV right there and it was all within that same time frame.

# 117 MS. CLARK:

Well, when this taping was going on, sir, was there some kind of equipment that she had set up? Was it Miss Ramirez?

# 118 MR. OPPLER:

Yes.

# 119 MS. CLARK:

Of the photo lab unit?

# 120 MR. OPPLER:

Yes.

# 121 MS. CLARK:

And was there some equipment she had set up to conduct this videotaping?

# 122 MR. OPPLER:

Yes.

# 123 MS. CLARK:

When the tape stopped at 3:59, did she proceed to dismantle that equipment?

# 124 MR. OPPLER:

Yes.

# 125 MS. CLARK:

And when Mr. Goldberg or Mr. Peratis indicated they wanted to say something else, did she have to go and set it back up again?

# 126 MR. NEUFELD:

Objection. Leading and asked and answered.

# 127 THE COURT:

Rephrase the question.

# 128 MS. CLARK:

When--you indicated it was either Mr. Goldberg or Mr. Peratis that indicated a desire to say something further on the tape, correct?

# 129 MR. OPPLER:

Right.

# 130 MS. CLARK:

At that point, had the equipment--had she begun to break the equipment down?

# 131 MR. OPPLER:

Yes. I think so.

# 132 MS. CLARK:

And pack up?

# 133 MR. OPPLER:

Yes.

# 134 MS. CLARK:

Did you see her at some point play the tape on the television to see if it had taped correctly?

# 135 MR. OPPLER:

Yes. Yes.

# 136 MS. CLARK:

And did that occur during the 14-minute break?

# 137 MR. OPPLER:

I don't recall if it was during that 14-minute break or afterwards, but it could have been either. I can't say for sure.

# 138 MS. CLARK:

Are you sure, however, that she began to pack up her equipment during that 14-minute break?

# 139 MR. OPPLER:

Yes.

# 140 MS. CLARK:

Okay. Then when Mr. Goldberg and Mr.--or Mr. Peratis indicated a desire to tape some more discussion, what did she do?

# 141 MR. OPPLER:

Set it back up and filmed the rest of it, whatever remained.

# 142 MS. CLARK:

Okay. Do you know--Mr. Peratis in that last segment was holding a 12-cc syringe, correct?

# 143 MR. OPPLER:

Right.

# 144 MS. CLARK:

Earlier in the interview, had he been showing anything with a 12-cc syringe?

# 145 MR. OPPLER:

He hadn't shown us--

# 146 MR. NEUFELD:

Objection. I believe that actually misstates what we saw in the tape. That misstates the testimony.

# 147 THE COURT:

Sustained. There's no testimony in the record regarding the size of the syringe.

# 148 MS. CLARK:

Can we play the tape, your Honor, and see?

# 149 THE COURT:

Play the whole tape? Not at this point. Proceed with your examination. See if you can lay a foundation for what it was.

# 150 MS. CLARK:

Okay.

# 151 MS. CLARK:

Do you recall, sir, at this moment what was the substance of Mr. Peratis' statement at 4:13 on the tape?

# 152 MR. OPPLER:

He was--what was the status of that last segment? Is that what you're asking?

# 153 MS. CLARK:

Do you recall independently without reviewing the videotape what Mr. Peratis was showing on the videotape when it was resumed at 4:13?

# 154 MR. OPPLER:

It was a 12-cc container of some sort.

# 155 MS. CLARK:

Okay. Had--during--now, when the interview began at 4--at 3:36?

# 156 MR. OPPLER:

Yes.

# 157 MS. CLARK:

Okay. When the interview began at 3:36 until it concluded at 3:59, had, to your recollection, he shown a 12-cc vial during that 23-minute segment?

# 158 MR. OPPLER:

He had a little box with different vials. I don't recall if that one was in there or not. I don't believe he demonstrated with that one though.

# 159 MS. CLARK:

Okay. During the 14 minutes after the tape stopped at 3:59, did he go to look for that 12-cc syringe to your recollection?

# 160 MR. NEUFELD:

Objection. That wasn't his testimony, it was a 12-cc syringe. It was a 12-cc container.

# 161 THE COURT:

Sustained. Rephrase the question.

# 162 MS. CLARK:

Container. Did he go look for some 12-cc container?

# 163 MR. OPPLER:

There was a point where he went to look for another container, syringe, whatever it was, and then he came back. If this was that exact time, I don't recall. Umm, there was a time he left and he came back to get something. He had a--it wasn't--I remember him shuffling a box. It wasn't in there and he went to get it. This could very well have been that time.

# 164 MR. NEUFELD:

Objection. Move to strike since he said it could have been. Calls for him speculating.

# 165 THE COURT:

Overruled.

# 166 MS. CLARK:

All right. Sir, at any time, did Mr. Goldberg suggest to Mr. Peratis what he was supposed to say?

# 167 MR. OPPLER:

No.

# 168 MS. CLARK:

Did you ever suggest to him what he was supposed to say?

# 169 MR. OPPLER:

No.

# 170 MS. CLARK:

Was Mr. Peratis given any kind of written material or script to look at before he answered questions on that videotape?

# 171 MR. OPPLER:

No.

# 172 MS. CLARK:

May I have a moment, your Honor?

# 173 (Discussion held off the record between the Deputy District Attorneys.)

Temperature

tense

Key Quotes (5)

Stephen Oppler

I was expecting to come here and introduce the videotape and basically be done.

Establishes Oppler had no anticipation of the aggressive cross-examination and undermines any suggestion he was a carefully prepared prosecution witness

Stephen Oppler

No, I don't believe so other than when he was sticking the needle back in the cup not to stick me with it when I was holding it. I think I requested that.

Oppler's only 'direction' of the interview was asking Peratis not to accidentally needle him — defuses Neufeld's implication that Oppler managed the session

Stephen Oppler

Hostile.

Oppler's one-word description of Neufeld's demeanor during the break, turning the tables after a long cross

Marcia Clark

Did you expect to come here and be badgered like this by Mr. Neufeld?

Sustained immediately, but the jury heard it — a pointed editorial from Clark on Neufeld's cross technique

Stephen Oppler

Under oath, I said I would be happy to answer anything.

Explains why Oppler refused Neufeld's break-time questioning — he wanted to answer only under oath, on the stand

Evidence (3)

People's 617

Investigative report written by Oppler on July 31st documenting the Peratis videotaping session — who was present, tape numbers assigned by DA Bureau of Investigation sound and photo labs

introduced and discussed; contents largely excluded as hearsay

Defense 1375

Videotape of Hank Goldberg's interview with Thano Peratis, July 27th

referenced throughout; Clark sought to play it to resolve syringe-size dispute but Ito declined

Informal

12-cc container/syringe that Peratis demonstrated with in the final resumed segment of the tape (after 4:13)

discussed; dispute over whether it had been shown earlier in the 3:36-3:59 segment

Notable Exchanges (4)

Marcia Clark•Stephen Oppler

Clark walked Oppler through the 14-minute gap: equipment was being packed by Miss Ramirez, then Goldberg or Peratis indicated more demonstration was needed, so she set it back up. Oppler confirmed Peratis went to retrieve a container he hadn't found in his box during that gap.

strategic

Marcia Clark•Stephen Oppler•Peter Neufeld

Clark asked Oppler to describe Neufeld's demeanor during the break questioning; Oppler said 'hostile' and explained Neufeld kept repeating questions after Oppler said he preferred not to answer outside of sworn testimony.

revealing

Peter Neufeld•Lance A. Ito

Neufeld objected that Ito's question 'what is the purpose of a report' was different from 'what is the purpose of this particular report' — Ito overruled twice in quick succession.

procedural

Marcia Clark•Lance A. Ito

After Neufeld objected that Clark misstated the tape (calling it a syringe when the record said container), Ito sustained and Clark asked to play the tape to resolve it — Ito declined to play the whole tape at that point.

procedural

Light Moments (1)

Stephen Oppler

Oppler revealed his only contribution to the Peratis interview was asking Peratis not to accidentally stick him with the needle while he held the cup during the blood-draw demonstration.

Credibility Attacks (2)

⚔ Stephen Oppler

implication of coaching/managing the interview

Neufeld's prior cross (reflected in Clark's redirect questions) implied Oppler had a substantive role in directing the Peratis interview or the tape stop/start. Clark used redirect to establish Oppler had no scripting role and that the gap was logistical.

⚔ Peter Neufeld

counter-attack via witness testimony

Clark elicited from Oppler that Neufeld was 'hostile' during break questioning and kept repeating questions after Oppler said he preferred to answer only under oath — effectively attacking Neufeld's conduct before the jury.

Witness Demeanor

(Discussion held off the record between the Deputy District Attorneys.)

Objections

18 objections (8 sustained, 9 overruled)

Proceeding 7643 • 173 utterances • Prosecution witness

Criminal Trial

Department 103