United States v. Valenzuela-Bernal Page 16

United States v. Valenzuela-Bernal general information

Media for United States v. Valenzuela-Bernal

Audio Transcription for Oral Argument - April 20, 1982 in United States v. Valenzuela-Bernal

Eugene G. Iredale:

No, sir.

He did not.

Harry A. Blackmun:

Was he asked any questions about that?

Eugene G. Iredale:

I'm not sure.

I think the question that was put to him was, “Did you have any conversation with him?”

And the answer was no.

But, of course, in order to crosscheck to see if that was a correct statement --

Harry A. Blackmun:

Was there any question -- well, did you -- did the driver have any conversation with the two deported aliens?

Eugene G. Iredale:

I'm not sure if that question was put or not.

Byron R. White:

Well, how about on cross-examination of that witness?

Or he testified for the defendant?

Eugene G. Iredale:

We called him as a witness at the motion to dismiss.

Byron R. White:

Well, if you don't want him to see -- if you would have asked him that the other witnesses or the other aliens or whoever they were -- however you might want to call them, did the other aliens have any conversations with the driver?

That he said -- that he said yes, you would -- you might have --

Eugene G. Iredale:

Yes, what was that conversation?

Byron R. White:

Then you could have said, “Well, what was the conversation?”

Eugene G. Iredale:

Yes, but the -- the point is that --

Byron R. White:

So you didn't -- you didn't even take this opportunity to demonstrate that there might have been some help from the testimony of these other witnesses?

Eugene G. Iredale:

Well, the --

Byron R. White:

Because if he would have said, “No, they didn't say a word to the driver,” you might -- there isn't much use those witnesses would have been to --

Eugene G. Iredale:

Well, they could have -- they could have been of help in another way.

For instance, if in fact these witnesses -- Romero-Morales was not necessarily telling the truth, one or more of those witnesses could have been in the United States, could have been involved in smuggling Romero or could have in fact been legally within the United States.

We don't know absent talking to those witnesses.

Byron R. White:

Well, I know, but the question is about Romero, and not them.

Eugene G. Iredale:

It's the question is whether those witnesses could help with respect to the charge --

Harry A. Blackmun:

Well, I gather what you said earlier, Mr. Iredale, was that one of them might have said in the hearing in presence of the driver and this (Inaudible), might have said -- up in the great country three years ago and even though he denied that they had said anything, they might have come and testified that they did indeed say something.

And that's what was said, and your point is that this would have a bearing on the knowledge of the defendant.

Eugene G. Iredale:

Absolutely.

Byron R. White:

But they would have had to be saying something about Romero, not about them.

Eugene G. Iredale:

Or something that the defendant could have inferred related to Romero --