Re-redirect examination of unknown witness

📄 Re-redirect examination of unknown witness — Thursday, July 7, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\7\RE-REDIRECT-EXAMINATION-OF-UNK.DOC

TRIAL

▲ Day 5 of 6

◀ Redirect examination of unknown witness (part 1) Cross-examination of unknown witness (part 2) ▶

Witness: Witness
Examiner: Robert Shapiro
Called by: Defense • Date: Thursday, July 7, 1994 • Lines: 39

Robert Shapiro recrossed the detective about whether two criminalists could have been available at two different scenes and about a stiletto knife purchased from Ross Cutlery by someone in the detective's department. When asked whether that knife or a substantially similar one was the murder weapon, the detective responded that offering such an opinion would be pure conjecture with his knowledge of the knife; Clark then objected on speculation grounds, and the court sustained.

# 1 THE COURT:

Mr. Shapiro?

# 2 MR. SHAPIRO:

Thank you very much, Your Honor.

# 3

RECROSS-EXAMINATION

# 4

BY MR. SHAPIRO:

# 5 Q:

Detective, to your knowledge does the Los Angeles Police Department employ more than one criminalist?

# 6 A:

Yes.

# 7 Q:

And if you wanted two criminalists at two different scenes, would that be available to you?

KEY QUOTE

# 8 A:

I don't know.

# 9 Q:

Did you try?

# 10 A:

Did I try?

# 11 Q:

Yes.

# 12 A:

No.

# 13 Q:

You were present at the autopsy?

# 14 A:

Yes.

# 15 Q:

You've talked to the coroner who conducted it?

# 16 A:

Yes.

# 17 Q:

You were present and directed the crime scene photographs to be taken.

# 18 A:

Yes.

# 19 Q:

You were present and directed the criminalist in his activities.

# 20 A:

Yes.

# 21 Q:

And you later caused to be purchased a stiletto knife from Ross cutlery; is that correct?

KEY QUOTE

# 22 A:

No.

# 23 Q:

Did anyone from your department purchase a stiletto knife from Ross cutlery?

# 24 A:

Yes.

# 25 Q:

You're aware of that knife?

# 26 A:

Oh, yes.

# 27 Q:

You've seen it?

# 28 A:

Yes.

# 29 Q:

You've shared that with the criminalist?

# 30 A:

I'm sorry, "shared it"?

# 31 Q:

have you showed it to the criminalist?

# 32 A:

I don't know if it was shown to a criminalist or not.

# 33 Q:

Did you show it to the coroner?

# 34 A:

No.

# 35 Q:

Is it your opinion that this knife or one substantially similar to it was the murder weapon?

# 36 A:

Would be pure conjecture with the knowledge that I have in regards to that knife.

KEY QUOTE

# 37 MS. CLARK:

In that case, calls for speculation. Objection.

# 38 THE COURT:

Sustained.

# 39 MR. SHAPIRO:

Nothing further.

Temperature

procedural

Key Quotes (4)

Examiner (Shapiro)

And if you wanted two criminalists at two different scenes, would that be available to you?

Tests whether two criminalists might have been available at different scenes and establishes that the detective did not know and did not try.

Witness

No.

The answer confirms that the detective did not try after saying he did not know whether two criminalists at two different scenes would have been available.

Examiner (Shapiro)

And you later caused to be purchased a stiletto knife from Ross cutlery; is that correct?

Introduces the Ross Cutlery knife — a significant detail tying the LAPD investigation to a specific potential murder weapon.

Witness

Would be pure conjecture with the knowledge that I have in regards to that knife.

The detective effectively distances himself from the knife before the objection cuts off further inquiry.

Evidence (1)

Informal

Stiletto knife purchased from Ross Cutlery by LAPD

discussed — Shapiro established the knife's existence and the detective's awareness of it, but could not get an opinion on it as a murder weapon

Notable Exchanges (2)

Robert Shapiro•Witness (Detective)

Shapiro asked whether two criminalists at two different scenes would have been available. The detective said he did not know and, when asked whether he tried, said no.

strategic

Robert Shapiro•Witness (Detective)•Marcia Clark•Kathleen Kennedy-Powell

Shapiro asked whether the Ross Cutlery knife was the murder weapon; the detective began hedging with 'pure conjecture,' Clark objected for speculation, and Kennedy-Powell sustained.

strategic

Credibility Attacks (2)

⚔ Detective (unknown)

omission / failure to act

Shapiro asked whether two criminalists at two different scenes would have been available; the detective said he did not know and, when asked whether he tried, said no.

⚔ Detective (unknown)

knowledge gap

The detective denied causing the Ross Cutlery knife to be purchased but confirmed that someone from his department purchased it and that he knew of and had seen it. He did not know whether it was shown to a criminalist and said that he did not show it to the coroner.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8975 • 39 lines • Defense witness

Preliminary Trial

Department 103