We're all back. Thank you.
So that the objection is sustained and
the jury should disregard the question.
All right. Let's go back to
the day of the accident. OK.
So you're on bandana, correct?
It's a green run. It's true.
You were relatively familiar
with that run, correct?
Yes. My children especially
like that run. OK.
And the accident happened.
Towards the beginning of the ru.
Is that accurate?
Not at the top, but sure,
but not at the bottom.
Correct. All right.
And it sounds like from what
I have heard and reviewed,
you had done about four to fives
that day and you and kind of the group,
we're going to go get some
lunch with everyone, correct.
All right. So.
Let's talk about as you're skiig
down Apple we've we've talked
about she was 11 Moses was nine.
Did your children when they were
skiing or doing anything that ks
do like to ask you to watch them
when they were very little.
I remember you know watch me jup
in the pool and and things like
that when they were more like.
Four or five years old, that sort of age.
So when Moses was nine,
he didn't say Mommy,
mommy, watch me or mom.
I don't know what he called you,
but Mama, Mama,
Mama watch me watch me do thing.
Not that I recall on that day.
Do you remember testifying that on that
day, that's exactly what did ha?
I don't remember. All
right. And I'll show you your
deposition in just a second.
So in fact during you remember
the deposition, right,
it was actually during 2020,
it was during COVID, so it was via zoom.
We've never actually met in per.
It was kind of on the video
and you were asked to question
a number of times, you know,
were you was were your children asking
you to watch them and you said .
I think you, I don't
remember them saying watch me on that day.
OK. Well, do you remember that n
that deposition then we played u
parts of Kerry Oaks's depositioo
your Honor, this is improper impeachment.
I mean what's the question
that's being contested? We're
just kind of going through
the the history here.
Not through the deposition.
Let's allow, I'll allow a few questions.
I think Council was referring to
what was going on during depositions.
But yes, please get quickly to e
question. Absolutely.
Do you remember during your deposition
being played just a portion of
Apple's instructor Kerry Oaks hr
deposition wherein she said that yes,
Moses was saying, Mommy, mommy watch me,
that she was saying.
I I don't remember that she that
that while they were skiing
they were saying that. Yeah.
I don't remember that. No.
OK. And so you don't remember tn
changing your testimony in your deposition
admitting that that's is what happened.
I I'm I'm sure if Kerry Oak said I'm saying I
don't remember him saying
watch me, watch me, OK.
Copy of your deposition.
I'm going to need my reading
glasses, unfortunately.
Sorry about that.
I don't think there's a
contradiction here, your Honor.
She said she doesn't recall that Kerry
Oakes said something, so I don'.
I don't know why we can't
just move forward. Overruled.
Go ahead. Thank you. Could you ?
Let's see here. Page
122 of your deposition,
yes, okay.
And I'm going to read the questn
that was given by Mr. Sykes.
Everybody's going to know it's .
Sykes who asked the question when I read
it then I'm going to have you answer now,
Miss Paltrow. And this is.
I'm sorry. I apologize.
I'm starting on line 4. Okay. O.
Now, Miss Caltrow, isn't it tru?
Isn't it true?
I'm just a country lawyer here.
Okay, isn't it true that your
kids wanted to watch you ski,
or pardon me, that the the kids
wanted you to watch them ski?
Isn't that true?
And your your counsel,
he objected.
How did you answer that questio?
Let's read the objection, Your Honor,
if we're going to do this.
The objection was vague as to time. Is
the do you want me to rule on the objection?
I mean, if we're going to read it, then we
should read the objection. OK, read it.
Yes. The the objection said
vague as to time. Yes, yes.
And then how did you respond?
I said, I can still watch my
children ski and be skied
directly into my back by someon.
And then you continued,
which is what happened,
exactly. So you were watching yr
children when you allege that
you were skied directly into yor
back by someone. My daughter was
down the hill. My son was to my left.
So I was skiing. And my eyes wee
not fixated only on my son when.
Sanderson skied directly into my back.
And so when Miss Oakes,
who's going to testify next wee,
said that your son Moses was sa,
Mommy, Mommy watched me?
That's who you were watching, r?
That's Vegas to time, your hono.
Right. Right. Right. Yes.
Overruled. Go ahead. Thank you.
Sorry. What was the question?
When when Moses is saying Mommy,
Mommy watched me, that's who you
were looking at when you were direct?
When when you were skied
directly into your back.
I. Do not recall Moses saying M,
mommy, watch me on the ski slope. OK, well,
Apple was down further, right?
Yes. She didn't see it? No.
OK. And Moses, he was the one.
At least according to Carrie
Oakes was calling your attentio.
OKOK 9 year old.
Did he want more attention to he
somebody watch them rather than?
Not necessarily.
OK, Moses was skiing above you,
though, right?
He hadn't gotten down as far as.
He was on my left and up.
I was on the right. He was, oops, sorry.
He was on the left side of the slope.
Yes, I believe. Kind of a little bit uphill.
And that's where your attention
was when you were hit.
Allegedly in the back. I
don't know where my attention
was the moment I was struck.
In the back. I'm sorry.
OK, well, that's what you said,
which is what happened.
He struck me in the back.
Yes, that's exactly what happen.
I know. But you said I can still
watch my children ski. Yes.
Meaning directly into my back by someone,
which is what happened. Yes,
exactly. What's the
pending question?
It sounds like they're
saying the exact same thing.
What's the question?
The question is. You were watchg
your children ski when you were
struck in the back. That's
asked and answered, Your honor. Overruled.
I was skiing and looking downhil
as you do. And I was skied
directly into by Mr. Sanderson.
And your 9 year old son,
you will admit, was on your left
and up bit to my recollection.
All right. And Carrie Oakes is
the one who says that he was
the one calling your attention.
And you'll have to speak to Miss Oaks. We
will. All right. So
I want to go through the
accident a bit because
we did this over video.
We didn't really get to act
it out a whole heck of a lot.
But I I want to just kind of
talk with you first and and see
if this is your recollection
of of how it happened.
Your Honor, I I think this is improper.
She should just ask her what happened then.
If she testified contrary to that earlier,
then she cross examines
her with the deposition.
And what's the objection?
Improper use of deposition testimony.
It's a party under Rule 32.
It can be used for any purpose. You may
proceed. Thank you.
You were going along relatively slowly.
Is that fair? Yes. OK.
I'm just going to kind of
ask you a couple questions.
So let me know if anything I
say is is not accurate. OK.
So you're going down relatively slowly
when all of a sudden you heard a
strange rustling noise behind you. Yes.
OK and you felt like a rush of .
In a strange way. Yes. OK.
And two skis slid in between my skis.
That's correct.
And all of a sudden there was
a body from the whole front of
a body pressing into my back.
That's right.
OK, like, we'll talk about this in a minute.
And there was a man behind
me pressing into me.
How did you know it was a man?
Because he was making some
strange noises that sounded mal.
And he was large,
so I assumed it was a male.
OK, he was large.
I felt all my back pressing. OK
all right. There was a man presg
behind me, pressing into me.
I was extremely upset.
Well, I was confused at 1st and I didn't
know what exactly what was happening.
It's very strange thing to happn
on the ski slope, and I agree.
And I froze. And it I would say I was
got very upset a couple seconds later.
Okay, let me just continue on h.
I just wanted to make sure
that I got this all right.
I didn't know if it was an intentional
assault of a sexual nature, rig?
Okay, was he grinding and
thrusting or something?
Or just the noises?
What's what what made you think
it was a an A sexual assault?
So that was a quick thought
that went through my head when s
trying to reconcile what was happening.
I was skiing and two skis came between
my skis forcing my legs apart.
And then there was a body pressing against me
and there was a very strange grunting noise.
So my brain was trying to make e
of what was happening. I thought, am I?
Is this a practical joke?
Am I? Is this a practical joke?
Is really, really strange.
My mind was going very,
very quickly and I was trying to
ascertain what was happening.
OK? And I think you said I didnt
know if it was an accident,
but he was groaning and grunting
in a very disturbing way.
Yes, there was a sort of grown
coming out of his mouth.
OK, then you said I froze.
Yes, we kept skiing. Right?
We went to the right. Yes.
We came crashing down together.
That's right.
OK you said this man was behind me on
the mountain, my knee and our s.
Will were still sort of tangled.
Is that yes. Yes.
Our bodies were almost spooning.
And I moved away quickly. Yes.
And I and my knees splayed open
and I was completely in shock.
Yes. OK all right.
I'm going to stop there.
And if.
The court and Miss Paltrow,
if you don't mind,
since again when we did this over zoom,
would you mind stepping down ans
kind of acting this out a little
bit so I can get a good feel.
Let's see,
can we approach her honor? Sure.