Witness excusal and recall

📄 Witness excusal and recall — Tuesday, September 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\19\WITNESS-EXCUSAL-AND-RECALL.DOC

TRIAL

▲ Day 157 of 167

◀ Redirect examination of Philip Vannatter Recross-examination of Philip Vannatter ▶

Date: Tuesday, September 19, 1995 • Utterances: 14

Prosecutor Brian Kelberg, having just finished with Detective Vannatter, received a document that may refresh the witness's memory on a previously asked topic. Kelberg requested permission to recall the witness and reopen cross-examination on a limited area. The judge granted the recall and instructed Kelberg to share the document with defense counsel Shapiro before proceeding.

# 1 MR. KELBERG:

He have nothing further. May the witness be excused?

# 2 DET. VANNATTER:

Thank you, your Honor.

# 3 MR. KELBERG:

I'm sorry, your Honor. A document has just come down that may refresh the witness' memory about something that I asked initially. Could I just take a look at the document?

# 4 THE COURT:

Yes.

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

# 6 (Discussion held off the record between Defense counsel.)

# 7 MR. KELBERG:

May I ask that the witness be allowed to be recalled?

# 8 THE COURT:

All right. Detective.

# 9 DET. VANNATTER:

Yes, sir.

# 10 MR. KELBERG:

May I be allowed to reopen my cross on a very limited area?

KEY QUOTE

# 11 THE COURT:

Why don't you show this document to Mr. Shapiro so he knows what we are talking about.

# 12 MR. KELBERG:

Do would he have an extra copy?

# 13 MR. HODGMAN:

Yes.

# 14 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

Temperature

procedural

Key Quotes (2)

Brian Kelberg

A document has just come down that may refresh the witness' memory about something that I asked initially.

Explains the basis for the unusual mid-excusal recall — new material arrived in real time during testimony.

Brian Kelberg

May I be allowed to reopen my cross on a very limited area?

Kelberg narrows the scope of the reopened examination, framing it as minimally intrusive to the defense.

Evidence (1)

Informal

An unidentified document that arrived during proceedings, potentially able to refresh Vannatter's memory on a topic Kelberg had raised in cross-examination.

introduced as basis for recall; shared with defense counsel off the record

Notable Exchanges (1)

Brian Kelberg•Lance A. Ito•William Hodgman

Kelberg requested recall and reopened cross; judge conditioned it on sharing the document with Shapiro; Hodgman produced an extra copy for the defense.

cooperative

Objections

None recorded

Proceeding 7762 • 14 utterances

Criminal Trial

Department 103