Direct examination of Allen Cowlings by Daniel Petrocelli (2 of 3)

📄 Direct examination of Allen Cowlings by Daniel Petrocelli (2 of 3) — Wednesday, May 15, 1996

Address:

C:\DEPT103\DEPOSITION\1996\MAY\15\DIRECT-EXAMINATION-OF-ALLEN-CO.DOC

TRIAL

▲ Day 29 of 31

◀ Direct examination of Allen Cowlings by Michael Brewer Direct examination of Allen Cowlings by Michael Brewer ▶

Witness: Allen Cowlings
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Wednesday, May 15, 1996 • Utterances: 6

A brief redirect exchange in which Petrocelli pressed A.C. Cowlings to clarify whether he had a specific memory of making a statement to Cora Fischman during a walk, or was merely conceding the possibility. Cowlings answered that he did not remember, and his counsel objected.

# 1

BY MR. PETROCELLI:

# 2 Q:

Okay.

# 3 A:

but I could have said it.

KEY QUOTE

# 4 Q:

When you say that you could have said it, let's see if we can differentiate that answer. Do you have a specific memory as you sit here today of making that statement or a similar statement to Cora Fischman during the course of this walk?

# 5 A:

I don't remember.

# 6 MR. LEONARD:

Objection. Vague, compound.

Temperature

procedural

Key Quotes (2)

A.C. Cowlings

I don't remember.

Cowlings cannot confirm a specific prior statement to Cora Fischman, undermining its evidentiary weight.

A.C. Cowlings

but I could have said it.

Cowlings hedges — acknowledging possibility without asserting actual memory, a distinction Petrocelli immediately moves to exploit.

Notable Exchanges (1)

MR. PETROCELLI•A.C. Cowlings

Petrocelli attempts to pin down whether Cowlings has actual memory of a statement to Cora Fischman or is only conceding it's possible; Cowlings says he doesn't remember.

strategic

Credibility Attacks (1)

⚔ A.C. Cowlings

prior inconsistent statement

Petrocelli probes whether Cowlings actually made a statement to Cora Fischman or is merely acknowledging the possibility, attempting to expose a gap between 'could have said it' and confirmed memory.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 9003 • 6 utterances • Plaintiff witness

Deposition Trial

Department 103