Cross-examination of Bettina Rasmussen

📄 Cross-examination of Bettina Rasmussen — Friday, July 1, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\1\CROSS-EXAMINATION-OF-BETTINA-R.DOC

TRIAL

▲ Day 2 of 6

◀ Direct examination of Bettina Rasmussen Discovery discussion regarding witness interview tapes and noon recess ▶

Witness: Bettina Rasmussen
Examiner: Gerald Uelmen
Called by: Prosecution • Date: Friday, July 1, 1994 • Lines: 29

Gerald Uelmen questioned Bettina Rasmussen about differences between her memory of the body's location and its position in Exhibit 5. He also asked about paw prints and the blood's condition and pattern, but Rasmussen stressed that she saw the scene for only about half a second before turning away and could not say whether the blood was moving, wet, or dry.

# 1 THE COURT:

Mr. Uelmen.

# 2 MR. UELMEN:

Thank you.

# 3

CROSS-EXAMINATION

# 4

BY MR. UELMEN:

# 5 Q:

Miss Rasmussen, you indicated that when you looked at the photograph marked Exhibit 5, that the body seemed closer to you when you saw it that night?

# 6 A:

Yeah.

# 7 Q:

Closer to you in terms of where you were standing on the sidewalk?

# 8 A:

I saw it for such a short time, sir. When I remember -- when I'm thinking about it, is that it was kind of closer to me, the other side of the gate is what I remember, but I saw it for such a short time.

# 9 Q:

Now, in the photograph it appears further back from the gate?

# 10 A:

Yeah.

# 11 Q:

Did you observe any paw prints in the blood that you saw on the sidewalk?

# 12 A:

That night?

# 13 Q:

Yes.

# 14 A:

No.

# 15 Q:

Did you look at the pattern of the blood that you saw?

# 16 A:

That night, I just looked at the -- I saw what it was, and I turned around very fast, so --

# 17 MR. UELMEN:

Thank you very much. No further questions.

# 18 Q:

Can you tell us whether the blood that you observed, appeared to be still damp or wet? Or was it dry?

# 19 A:

When I -- that night?

# 20 Q:

When you arrived at the scene.

# 21 A:

I was remembering is like it was coming down like a river. I mean I saw it, and then I saw the body, and I remember -- like I saw -- like it didn't flow, but it looked like it was on the way down the walkway.

KEY QUOTE

# 22 Q:

Looked as though it had flowed toward the sidewalk?

# 23 A:

Yeah.

# 24 Q:

But you didn't see any movement in the blood?

# 25 A:

I saw it maybe a half second, and I never looked back again. So, I have no idea.

KEY QUOTE

# 26 MR. UELMEN:

Thank you. Nothing further.

# 27 THE COURT:

Miss Clark, anything further?

# 28 MS. CLARK:

No, your Honor.

# 29 THE COURT:

Thank you. I'm going to I remind you, please, do not discuss your testimony with anyone until you've been completely excused from this matter. Thank you.

Temperature

routine

Key Quotes (3)

Bettina Rasmussen

When I remember -- when I'm thinking about it, is that it was kind of closer to me, the other side of the gate is what I remember, but I saw it for such a short time.

Rasmussen acknowledged both a discrepancy between her memory and the photograph and the brevity of her observation.

Bettina Rasmussen

I was remembering is like it was coming down like a river.

This was Rasmussen's strongest description of the amount and apparent direction of the blood, though she clarified that she did not actually see it moving.

Bettina Rasmussen

I saw it maybe a half second, and I never looked back again. So, I have no idea.

The admission sharply limited the reliability of her testimony about whether the blood was moving, wet, or dry.

Evidence (2)

Exhibit 5

A photograph of the crime scene showing the body's position farther back from the gate than Rasmussen remembered.

discussed and used to challenge the witness's recollection

Informal

Blood on the walkway and sidewalk, including its apparent flow pattern and whether it contained paw prints or appeared wet or dry.

discussed

Notable Exchanges (2)

Gerald Uelmen•Bettina Rasmussen

Uelmen compared Rasmussen's recollection of the body's location with Exhibit 5, eliciting that the photograph showed it farther from the gate than she remembered.

strategic

Gerald Uelmen•Bettina Rasmussen

Uelmen questioned Rasmussen about paw prints and the blood's apparent condition. She reported seeing no paw prints but repeatedly stressed that she viewed the scene only momentarily before turning away.

revealing

Credibility Attacks (2)

⚔ Bettina Rasmussen

limited opportunity to observe

Uelmen emphasized that Rasmussen saw the scene for only about half a second and turned away, limiting her ability to reliably describe the blood's condition, movement, or pattern.

⚔ Bettina Rasmussen

challenging recollection with photographic evidence

Uelmen contrasted Rasmussen's memory that the body was closer to the gate with its position in Exhibit 5.

Objections

None recorded

Proceeding 9096 • 29 lines • Prosecution witness

Preliminary Trial

Department 103