Court Reporters Board - Dictation Exam for April 2002

1 FOR THE PEOPLE:

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THE WITNESS:

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THE COURT:

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FOR THE DEFENSE:

MS.DAVIS

MR.PALMER

MS.BAKER

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WORD LIST

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Ms. Davis

Sergeant Albert

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Ms. Baker

Toyota

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Mr. Palmer

Ford Mustang

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Mr. Turner

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Today's proceedings are in the case of the People of the State of California vs. Craig

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Turner. The defendant is charged in this case with several counts arising out of his

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driving under the influence on the day in question, and his actions leading to an

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automobile accident.

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WARM-UP

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THE COURT:

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The record will show that all counsel are present. The defendant

is present. Do you still have questions on direct?

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MS. DAVIS:

Yes, Your Honor. I just/ have a couple more areas to cover.

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THE COURT:

All right. You may resun1e your direct then.

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MS. DAVIS:

Thank you.

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THE COURT:

Proceed.

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BY MS. DAVIS: Q.

Mr. Palmer, I just had a few/ more.

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A.

All right.

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Q.

If you recall before the break I was asking you about what you saw right after

12 the collision. Do you recall those/ questions?

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A.

Yes, I do.

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Q.

When you left your car, what was the first thing that you did?

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A.

I just stepped up to the curb and / waited to see what was going to happen.

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Q.

Where did you park your car?

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A.

I just pulled it to the side of the street and / got out.

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Q.

Now, to be clear, you weren't involved in any collision at that scene; is that

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A.

Yes, that's right.

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Q.

Why then did you / pull over and stop?

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A.

I just wanted to make sure that people were okay and thought I might be of

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right?

son1e help.

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Q.

Were you the / person that called 911?

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A.

I offered, but the people who were on the comer had already called.

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Q.

All right. How many people were / on the comer when you got there?

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A.

I would say there were six who were close to me, but about 20 all around.

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Q.

What conversation / did you have with those people?

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A.

Not really a conversation. I just asked if someone had called for help and

2 they said they had. I / then just said that it was a bad crash.

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Q.

Did someone on that comer with you say that they had witnessed the

accident?

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A.

No, not I that I heard.

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Q.

What did you do next?

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A.

I was just standing there when a man came up and started talking to n1e.

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Q.

Now, did/ you see where this man came from?

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A.

No, I was looking at the cars in the street.

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Q.

How many cars did you see and where/ were they?

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MS. BAKER:

Objection. That's a compound question.

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THE COURT:

Sustained. Rephrase your question.

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BY MS. DAVIS: Q.

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A.

I saw four different cars / that looked like they were involved in the crash.

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Q.

Where were these cars located?

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A.

It was right in front ofus on the comer.

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Q.

Do I you know how or where the collision happened?

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MS. BAKER:

Well, that's irrelevant if this witness knows how it happened.

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MS. DAVIS:

I can rephrase it, if I may./

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We will take the questions one at a time.

1 BEGINEXAM

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THE COURT:

All right. Are you withdrawing the question?

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MS. DAVIS:

Yes, please.

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THE COURT:

Proceed.

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BY MS. DAVIS: Q.

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A.

Yes, I saw the broken glass in the / road and also saw the automobiles there.

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Q.

Okay. How far from you on the comer was what you believed to be the point

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Could you tell where the collision occurred?

of impact?/

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A.

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MS. DAVIS:

Does the court have a measurement for that?

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THE COURT:

12 feet.

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MS. DAVIS:

Thank you,/ Your Honor.

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BY MS. DAVIS: Q.

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Did you know him before that day?

I would say from me to about that first row of chairs there.

Now, back to the man that approached you on the comer.

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A.

No, not at all.

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Q.

What/ did he say to you?

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A.

He asked me if I was all right and was I hurt.

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Q.

Did you respond to him?

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A.

Yes, I told / him I was fine, that I was just watching.

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Q.

Did you recognize this man at all?

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A.

No, I didn't realize who he was until after/ he was talking for a while and

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somebody asked him to sit down.

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Q.

What did this man next say to you?

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A.

He said that he/ didn't know what happened. One minute he was driving,

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the next thing he knew he had crashed into something and stopped.

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Q.

What did you say/ to hin1 after hearing that?

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A.

I asked hin1 what he was talking about.

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Q.

Did you then know that he had been involved in the crash?/

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A.

Well, right after that the lady that was next to me said that he should sit down

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since he was bleeding.

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Q.

Did this man sit/ down at that time?

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A.

Yes, he just sat on the fence that was right there in front of the restaurant.

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Q.

Was there any further conversation/ that you had with this person?

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A.

Yes, I asked him what car he was in.

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Q.

What was the response that you got from him at / that time?

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A.

He said that he was driving the truck when he left work.

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Q.

Did you notice anything about this man that you thought was/ strange?

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MS. BAKER:

Objection, Your Honor. That's vague.

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THE COURT:

Overruled.

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MS.BAKER:

It is irrelevant what this witness thought might be strange, and

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it's not clear what strange means.

THE COURT:

Yes,/ you are right. I will strike my previous ruling and sustain

the objection as vague.

BY MS. DAVIS: Q.

Well, let me just ask you straight out. Did you/ notice

behavior by this man that led you to think that he had been drinking?

A.

I did not smell it at first, but after I/ spoke to him for a few minutes, then I

could tell that he had been drinking.

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Q.

How could you tell?

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A.

I smelled alcohol on his / breath.

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Q.

All right.

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A.

And then he told me that he had been drinking.

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MS. BAKER:

Objection. No question pending.

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THE COURT:

Overruled.

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BY MS. DAVIS: Q.

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A.

What did this man say to you/ about drinking?

He said that he should have gotten a ride home instead of driving.

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