The jurors are gone, but the judge is back on the bench. Attorney Joel Brodsky is addressing the court about the limits to the scope of witness Harry Smith and his testimony about Kathleen Savio. “If the statement leads to the fact that maybe he knows that Miss Savio lied under oath, that goes to the issue of her credibilit
y.” Judge; “Well, I directed both sides to interview Mr. Smith if they wanted to. Did you do so?” Steve Greenberg: “I talked to him today . . .what she [Savio] told him about the incident is different from what she then testified in court.” Judge: “Well, then, you’ve got your impeachment.” Greenberg: “I think they should be asked to disclose that before he testifies.” The judge says that the defense may call Smith in an offer of proof prior to his testimony before the jury. Judge: “If he’s going to testify about something she said to him, and he knows that she testified under oath, they’ll be able to impeach her through cross-examination… if that alters your plans about calling him, then don’t call him now, and call the other witness.”
y.” Judge; “Well, I directed both sides to interview Mr. Smith if they wanted to. Did you do so?” Steve Greenberg: “I talked to him today . . .what she [Savio] told him about the incident is different from what she then testified in court.” Judge: “Well, then, you’ve got your impeachment.” Greenberg: “I think they should be asked to disclose that before he testifies.” The judge says that the defense may call Smith in an offer of proof prior to his testimony before the jury. Judge: “If he’s going to testify about something she said to him, and he knows that she testified under oath, they’ll be able to impeach her through cross-examination… if that alters your plans about calling him, then don’t call him now, and call the other witness.”