14 Q. (By Mr. Kane) You say
15 apparently, during the autopsy, an issue was
16 raised about the possibility of JonBenet
17 having eaten pineapple. Do you recall -- do
18 you recall, during the interviews in June of
19 1998, being told that there was, in fact,
20 pineapple in her system?
21 A. I don't remember the specific
22 discussion. I believe someone said there may
23 have been something that looked like
25 Q. Okay.
1 A. I'm not - no one ever has told
2 me that it was definitively pineapple.
3 Q. All right. Did John -- so John
4 never told you that Lou Smith told him that
5 it was definitely pineapple?
6 A. No.
7 Q. Have you, whether it was pineapple
8 or any other type of fruit, it is your
9 understanding that you haven't asked any
10 forensic experts to, gastroenterologist or
11 someone of that nature, someone with a
12 medical background, what their opinion of
13 that being in her system is?
14 A. I don't know. That may have been
15 part of the presentation that was being
17 Q. Well, the presentation was Dr.
18 Sperry. Let me just clarify this. Was
19 anybody else besides Dr. Sperry going to take
20 part in that presentation, to your knowledge?
21 A. To my knowledge, there were
22 several people involved.
23 Q. But you don't know who these
24 people are?
25 A. No.
1 Q. Do you know what their fields of
2 expertise were?
3 A. I am sorry, I don't.
4 Q. And you didn't learn subsequent to
5 January who these people are and what their
6 fields of expertise are?
7 MR. WOOD: Specific names, I
8 think she's told you.
9 THE WITNESS: I mean, I think, I
10 think I was told, probably, you know, this
11 name, this name, and this is who he is and
12 that is and that is. They are all like
13 names with degrees this long. I just knew I
14 was very impressed by the caliber of the
15 individuals consulting on this.
16 Q. (By Mr. Kane) Okay. All right.
17 And you don't have any problem with giving
18 us those names, do you, afterwards if you
19 and Mr. Ramsey --
20 MR. WOOD: Whatever names were
21 offered to you and Pat Burke, I will tell
22 you, whatever names were offered in January
23 of 2000 by Pat Burke when that offer was
24 rejected, we will certainly provide you with
25 those names if you don't already have them.
1 MR. KANE: Well, I'll tell you
2 right now there was only one name that was
3 offered to me, and that was Dr. Sperry from
5 MR. WOOD: That may be true, but
6 my understanding is there were other
7 individuals either contemplated in that
8 presentation, that it was more than one, but
9 you've got his name and if there were
10 others --
11 THE WITNESS: And if we want to
12 do the presentation, we can do it.
13 MR. WOOD: - we will get those
14 names to you, no question. In fact, what we
15 can do at some point, if we can figure out
16 an appropriate time, but like this Dilson
17 tape, or these names, et cetera, if you can
18 get a list and you all can get it to me,
19 and then we will try to go through it and
20 see what we can get to you if you don't
21 have it.
22 MR. LEVIN: Mr. Wood, I am taking
23 maybe incorrectly, I am taking your statement
24 that if we wanted to personally just directly
25 contact Dr. Sperry that we can do that?
1 MR. WOOD: I would have to make
2 that decision. I haven't thought about it.
3 MR. LEVIN: I don't want to --
4 MR. WOOD: I wouldn't make a seat
5 of the pants decision on something like that.
6 MR. LEVIN: Sure.
7 MR. WOOD: Obviously he is a
8 retained expert.
9 MR. KANE: Can I clarify that?
10 Q. (By Mr. Kane) Has he been
11 retained by you? That was the whole issue
12 that was presented to us when Pat Burke was
13 suggesting this meeting. I asked whether he
14 had been retained by you. Was he retained
15 by you?
16 MR. WOOD: If you --
17 MR. KANE: If you know.
18 THE WITNESS: I don't know.
19 MR. WOOD: That is probably
20 something she wouldn't know the legal
21 niceties of.
22 THE WITNESS: I mean, I don't
23 know who.
24 MR. WOOD: Listen, we'll sort out
25 the question of Sperry's status.
1 MR. KANE: Okay.
2 MR. WOOD: And you know,
3 unfortunately I don't have the direct
4 knowledge that Pat Burke has, but we will
5 sort out that in terms of what he
6 contemplated offering you all and what their
7 status is and how available they will be. I
8 will get those answers to you one way or the
10 MR. KANE: I just have one thing
11 to follow up on, Bruce.
12 Q. (By Mr. Kane) Bruce said that
13 Ellis Armistead had been hired in 1997. Do
14 you recall that Mr. Armistead, in fact, was
15 hired in December of 1996?
16 A. I can't say for sure. I don't
18 MR. WOOD: I think that he was,
19 just if that helps you.
20 MR. KANE: Yeah, I just wanted to
21 clarify, Mr. Levin said '97.
22 MR. WOOD: He said as far back
23 as '97, as I recall.
24 MR. KANE: But it was as far
25 back as 1996.
1 THE WITNESS: I just remember he
2 was there very -- you know, my days are
3 really foggy then. I just remember we were
4 intensely afraid for our safety, and he -- I
5 just remember, you know, in my trauma,
6 looking up at this big guy and thinking,
7 boy, am I glad he is here. So I don't
8 know what day that was, or --
9 Q. (By Mr. Kane) Did he ever
10 interview you?
11 A. Quite possibly. I can't remember.
12 Q. You don't have any recollection of
13 ever being interviewed by Mr. Armistead or
14 anybody else working for him?
15 A. I mean, we talked, certainly. I
16 don't know if you would say it was an
18 Q. Did Mr. Armistead or any other --
19 I guess it was Jennifer Getty worked for
20 him. Do you recall her?
21 A. Uh-huh, uh-huh (affirmative).
22 Q. John Foster, do you recall him?
23 A. Yes.
24 Q. David Williams, do you recall him?
25 A. Yes.
1 Q. Did any of these people ever take
2 statements from you about what happened?
3 MR. WOOD: Subsequent to June of
5 MR. KANE: No.
6 Q. (By Mr. Kane) Of the events of
7 December 25th, 26th, of 1996.
8 A. I can't remember.
9 Q. You don't have any recollection of
10 being interviewed?
11 MR. WOOD: She told you she can't
13 MR. KANE: Lin, if you are going
14 to object to every question --I asked you --
15 THE WITNESS: I can go back and
17 MR. KANE: Because I am asking a
18 clarifying question.
19 MR. WOOD: No, no. I am not
20 objecting. I am just making sure that we
21 are fair here. You know, when she says I
22 can't remember and you look over and go, you
23 mean you can't remember, I mean, the tone of
24 that implies that there is something wrong
25 with a truthful answer being I can't
1 remember. That is all -- she tells you
2 something, you know, you don't have to beat
3 her over the head with her answer. Once
4 ought to be enough.
5 MR. KANE: Well, is that your
6 objection, that I am beating her over the
8 MR. WOOD: It is not an
9 objection. No, no.
10 MR. KANE: I think, you know, we
11 came down here with the understanding that we
12 could ask questions. And what you are
13 trying to do is channel those questions into
14 a certain tone. And I --
15 MR. WOOD: No, I am not. I
16 really am not. I mean, you came down here
17 under the request of Chief Beckner to ask
18 new questions about information that has been
19 obtained by you since June of 1998 or
20 developments that have arisen since June of
21 1998. That was the request. We agreed to
23 MR. KANE: Okay.
24 MR. WOOD: And all I am saying
25 is that, in the process of giving
1 information, there may be an answer that to
2 you strikes you, as you can't remember that.
3 If she can't remember, Mitch, that is the
4 truth, and, you know.
5 MR. MORRISSEY: I am Mitch.
6 MR. WOOD: I don't mean the
7 phrase, I am sorry, Michael. I don't mean
8 to use the phrase -- I don't think you beat
9 her over the head. I am just using the
10 phrase that sometimes lawyers do tend to beat
11 witnesses over the head when they don't
12 either like or necessarily react favorably to
13 an answer. You haven't beat her over the
14 head here today. I wouldn't let you do
15 that. And I don't mean to suggest otherwise
16 on the record.
17 MR. KANE: Okay.
18 MR. LEVIN: Lin, if I, if I can
19 just follow up your statement a little bit,
20 we are, the four of us, extremely experienced
21 trial lawyers, and I can't imagine that, in
22 the course of your practice, you have not
23 either, during the course of a deposition or
24 in formal interview with a witness or in a
25 courtroom, gotten a witness who says I can't
1 remember and then not follow it up to see if
2 you can kind of spark their memory. I think
3 that is all we are trying to do.
4 MR. WOOD: I am not going to
5 prevent that type of follow-up, and I know
6 you guys are experienced. And I have
7 managed to do a little bit of that myself
8 over the last 23 years. So I fancy myself
9 as quite experienced in trial law also.
10 And I understand the difference,
11 though, between an interview and a
12 cross-examination. In a cross-examination,
13 you might follow up and, as we lawyers say,
14 beat on the witness a little bit. This is
15 not a cross-examination of my client. And
16 there is a difference.
17 This is an interview where you
18 are here to get information about the new
19 questions, as I have earlier stated. But I
20 am not sitting here saying, Patsy Ramsey has
21 been offered up for you skilled trial lawyers
22 to cross-examine her.
23 MR. LEVIN: We have no intention.
24 MR. WOOD: That is the
1 MR. LEVIN: I'm sure it is
2 apparent to you that we are not
3 cross-examining your client.
4 MR. WOOD: Listen, I think we are
5 doing very well so far. I am pleased.
6 MR. LEVIN: I'm just saying that
7 we try to prod her memory a little bit, if
8 we get a --
9 MR. WOOD: I have no problems
10 with you trying to jog someone's recollection
11 at all.
12 MR. LEVIN: Great. I appreciate
14 THE VIDEOGRAPHER: We need to
15 make a tape change. One moment.
16 (A recess was taken.)
If K&C wanted to know who the Ramsey experts were and what they had, they should have met with them as the Ramseys had asked them to. This line of questioning angered me - and I thought Lin was being quite well-behaved where someone else might have been less... patient with them.
(The patience did not last forever, though - we all know that. But even in the beginning, I think that K&C were wasting time and I wonder if they were not doing it intentionally hoping to get the whole thing cut short so they might accuse the Ramseys of being uncooperative.
Why did Kane have the plane reservation for the next afternoon? They could have been there a week - - he knew they wouldn't. How?)