Cross-examination preparation

📄 Cross-examination preparation — Thursday, June 30, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUN\30\CROSS-EXAMINATION-PREPARATION.DOC

TRIAL

▲ Day 1 of 6

◀ Direct examination of Michele Kestler Sidebar: scheduling ▶

Date: Thursday, June 30, 1994 • Utterances: 18

Before cross-examination of an expert witness could begin, Shapiro raised a discovery issue: the defense had not received the witness's curriculum vitae, which they had requested. The judge attempted to arrange for the CV to be faxed from the witness's office, but the witness could not guarantee access. Shapiro indicated he needed the background before proceeding, so cross-examination was effectively paused.

# 1 THE COURT:

And Mr. Shapiro, will you be performing the questioning of this witness?

# 2 MR. SHAPIRO:

Yes.

# 3 THE COURT:

And I forgot to ask counsel before we started, if you would please use the podium. There are no microphones at counsel table, but there is a microphone at the podium and that way everyone will be able to hear the questions.

# 4 MR. SHAPIRO:

Thank you very much, Your Honor. Your Honor, may I refer Court and Counsel to page 14 of our discovery motion, item 29-B, which basically asks for a curriculum vitae of all expert witnesses. We have not received that yet.

# 5 THE COURT:

Do you have a copy of your resume?

# 6 THE WITNESS:

No, I don't, with me.

# 7 THE COURT:

Would it be possible to have some -- do you have that prepared at your office?

# 8 THE WITNESS:

I believe it's in the computer, yes.

# 9 THE COURT:

Would somebody be able to Fax it over here to the building so that can be provided to Mr. Shapiro?

# 10 THE WITNESS:

No, they can't get to it. I have to do it when I get back.

# 11 THE COURT:

Mr. Shapiro, do you need that before you are prepared to begin the cross-examination?

# 12 MR. SHAPIRO:

Well, Your Honor, it would save a lot of time, rather than going through all of her credentials, and we'd like to examine that. We may be able to stipulate she's an expert, or we may want to contest that.

KEY QUOTE

# 13 THE COURT:

All right. There is no one else who has access to your computer who can check it?

# 14 THE WITNESS:

I can call and try. I don't know who's there right now.

# 15 THE COURT:

All right. Why don't we see if we can facilitate that in the quickest way possible. Are there any questions that you have related not to her expert opinion that -- just to the foundational matters concerning certain item numbers, or would it be better just to wait until we can get her background?

# 16 MR. SHAPIRO:

I think the background would be important to have first.

# 17 THE COURT:

All right.

# 18 MR. SHAPIRO:

Thank you, Your Honor.

Temperature

procedural

Key Quotes (1)

Robert Shapiro

it would save a lot of time, rather than going through all of her credentials, and we'd like to examine that. We may be able to stipulate she's an expert, or we may want to contest that.

Signals the defense is reserving the right to challenge the witness's expert status — a strategic position, not a concession.

Evidence (1)

Informal

Defense discovery motion page 14, item 29-B — request for curriculum vitae of all expert witnesses

referenced as unfulfilled

Notable Exchanges (1)

Kathleen Kennedy-Powell•The Witness•Robert Shapiro

Judge tried to facilitate faxing the CV from the witness's office; witness said no one else could access her computer, stalling cross-examination.

procedural

Objections

None recorded

Proceeding 8950 • 18 utterances

Preliminary Trial

Department 103