Cross-examination of Teresa Ramirez (part 1)

📄 Cross-examination of Teresa Ramirez (part 1) — Thursday, September 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\14\CROSS-EXAMINATION-OF-TERESA-RA.DOC

TRIAL

▲ Day 154 of 167

Witness: Teresa Ramirez
Examiner: Peter Neufeld
Called by: Prosecution • Date: Thursday, September 14, 1995 • Utterances: 30

Peter Neufeld resumes cross-examination of Teresa Ramirez, a paralegal or investigator who helped produce a July 27, 1995 videotaped deposition of blood-draw witness Thano Peratis at his home. Neufeld establishes through Ramirez that prosecutor Hank Goldberg had made prior, unrecorded contact with Peratis — visiting him at the jail dispensary and serving him a subpoena in February — before the official taping session, suggesting the prosecution had pre-conditioned Peratis before the defense-monitored video was made. The session ends with Neufeld playing brief segments of the videotape twice for authentication purposes.

# 1 THE COURT:

All right. The record will reflect that Miss Teresa Ramirez is on the witness stand undergoing cross-examination by Mr. Neufeld. Good morning, Miss Ramirez.

# 2 MS. RAMIREZ:

Good morning.

# 3 THE COURT:

You are reminded, ma'am, that you are still under oath. And, Mr. Neufeld, you may continue.

# 4 MR. NEUFELD:

Thank you. Good morning, Miss Ramirez.

# 5 MS. RAMIREZ:

Good morning.

# 6 MR. NEUFELD:

Good morning, ladies and gentlemen.

THE JURY: Good morning.

CROSS-EXAMINATION (RESUMED) BY MR. NEUFELD

# 7 MR. NEUFELD:

Miss Ramirez, I'll try and make this brief so you can get on to the dentist where you started to head for yesterday afternoon. Do you recall that before we broke yesterday, ma'am, that I asked you if you were aware whether Mr. Goldberg had had prior conversations, that is prior to the July 27th, 1995 taping session with Mr. Peratis? Do you recall me asking you that or that subject coming up?

KEY QUOTE

# 8 MS. RAMIREZ:

Yes.

# 9 MR. NEUFELD:

Okay. And after we broke yesterday, did you have an opportunity and this morning as well to review portions of that videotape, the complete videotape that you made on July 27th to refresh your recollection?

# 10 MS. RAMIREZ:

I saw a portion of the tape.

# 11 MR. NEUFELD:

Okay. And let me ask you this. Now that--let me ask you again, did you become aware during the July 27th taping session at Mr. Peratis' home that in fact on a prior occasion, Mr. Goldberg had met with Mr. Peratis at the dispensary where Mr. Peratis works at the jail?

# 12 MS. RAMIREZ:

Yes.

# 13 MS. CLARK:

Objection. Hearsay.

# 14 THE COURT:

Overruled.

# 15 MR. NEUFELD:

And did you also become aware during that July 27th taping that Mr.--excuse me--that Mr. Goldberg had also spoken to Mr. Peratis sometime in February and given Mr. Peratis a subpoena to appear in court during this trial as a Prosecution witness?

# 16 MS. RAMIREZ:

Yes.

# 17 MR. NEUFELD:

Now, I'd like to--

# 18 MS. CLARK:

Objection. Misleading.

# 19 THE COURT:

Counsel, we need to have the objections before the answer comes in.

KEY QUOTE

# 20 MR. NEUFELD:

Your Honor, I'm going to play two brief segments, and I reviewed it first with Miss Clark before we started.

# 21 THE COURT:

All right.

# 22 (Brief pause.)

# 23 MR. NEUFELD:

I'm going to ask you to look at this segment and I'm going to ask you to authenticate it, okay?

# 24 MS. RAMIREZ:

Okay.

# 25 (At 9:36 A.M., a videotape was played.)

# 26 THE COURT:

All right. Let's hold that. Is that the portion of the tape that you wanted, Mr. Neufeld?

# 27 MR. NEUFELD:

Yeah. But you're missing the--

# 28 THE COURT:

No. The question is yes or no. Is that the tape that you wanted to show?

# 29 MR. NEUFELD:

Yes. That's the portion of the tape. Could we just play that portion one more time again very quickly? I'm sorry. It happened so quickly that I missed it.

KEY QUOTE

# 30 (At 9:38 A.M., a videotape was played.)

Temperature

procedural

Key Quotes (4)

Peter Neufeld

I'll try and make this brief so you can get on to the dentist where you started to head for yesterday afternoon.

Light opener acknowledging the witness was interrupted mid-day yesterday; establishes continuity of cross.

Teresa Ramirez

Yes.

Confirms that Goldberg had visited Peratis at the jail dispensary prior to the July 27th taping — the key factual admission the defense was pursuing.

Teresa Ramirez

Yes.

Confirms Goldberg had also spoken to Peratis in February and served him a subpoena as a prosecution witness, establishing a pattern of pre-taping prosecution contact.

Lance A. Ito

Counsel, we need to have the objections before the answer comes in.

Ito admonishes Clark for a late objection — the damaging answer about the February subpoena was already in the record.

Evidence (1)

Informal

Videotape of the July 27, 1995 deposition of Thano Peratis at his home

Played in court twice for authentication; Ramirez asked to identify segments

Notable Exchanges (3)

Peter Neufeld•Teresa Ramirez

Neufeld elicits confirmation that prosecutor Goldberg made at least two prior contacts with Peratis — a visit to the jail dispensary and a February subpoena service — before the officially-recorded July 27th taping session.

strategic

Lance A. Ito•Marcia Clark

Ito corrects Clark for objecting after the answer had already come in on the February subpoena question, leaving the damaging testimony in the record.

procedural

Peter Neufeld•Lance A. Ito

Neufeld asks to replay the videotape segment a second time because it moved too quickly; Ito first demands a yes/no answer on whether it was the right portion before allowing replay.

procedural

Light Moments (1)

Peter Neufeld

Neufeld opens by acknowledging Ramirez was interrupted on her way to the dentist the day before, offering a small human moment before resuming examination.

Credibility Attacks (1)

⚔ Hank Goldberg / Prosecution

Prior undisclosed contact / witness preparation

Neufeld uses Ramirez to establish that Goldberg had met with Peratis at the jail dispensary and served him a subpoena in February — prior unrecorded contacts before the July 27th videotaped session — implying the prosecution shaped Peratis' testimony before the official record was made.

Witness Demeanor

(Brief pause.) — pause while videotape setup was arranged

(At 9:36 A.M., a videotape was played.)

(At 9:38 A.M., a videotape was played.) — second playback after Neufeld said it moved too quickly

Objections

2 objections (0 sustained, 1 overruled)

Proceeding 7685 • 30 utterances • Prosecution witness

Criminal Trial

Department 103