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The
Trial of Bernhard Goetz:
Testimony of Christopher Boucher
 The following excerpt is included in The Trial of Bernhard Goetz (Aae Films, 1988). Direct Examination by Gregory Waples: W:
Mr. Boucher,
how old are you? B:
I’m 33. W:
And what is
your occupation in San Francisco? B:
Display
artist for a department store. W:
December of
1984 and shortly thereafter did you visit New York for a period of time? B:
Yes. W:
Did you have
a friend In New
York that
you were visiting? B:
Yes. W:
What’s that
friend’s name? B:
Loren
Michaels. W:
December 22nd,
1984 Mr. Boucher, do you remember that day? B;
Yes. W:
Did you have
occasion to go into the New York City Subway system on that day? B:
Yes. W:
Did you go
there alone or with anyone else? B:
With Loren. W:
After you got
on the train at 96th street, or shortly thereafter, did you
become
aware of one or more youths on that train? B:
Yes W:
What caused
you to take notice of this group of persons? B:
They were
loud, talking loud, joking. W:
tell us what
happened when the train left 14th. B:
After 14th
street, we were not talking; the train was very noisy at this point.
There were
no people standing, the aisle was clear. I was pretty much staring
ahead. We
were getting off at Chambers Street. And at some point, the first thing
I
noticed, a woman had jumped up and then balled over Loren. And I heard
popping
noises and my immediate thoughts were the kids at the other end of the
train
were shooting off firecrackers. And Loren helped this woman up with the
baby
and were heading them towards the door. And other people were running
by, and I
was just staring straight ahead. And as he helped her up my vision
became clear
to the end of the car and I was looking down to see what was going on
and the
immediate thing I saw was the man with the gun standing at the end of
the car. W:
And what
happened next? B:
He shot
someone sitting in the seat. W:
You saw that? B:
Yes. W:
What did the
person, who was sitting down, do at the moment that the shot was fired? B:
Well he was
sitting, grasping a bench and he just tightened. W:
Did you ever
see that person try to get out of that seat? B:
No. W:
Did you ever
see him threaten Mr. Goetz? B:
No. W:
Did he have
anything in his hand, that you saw? B:
No. W:
Is there any
question in your mind now that you saw a person sitting in that seat
when that
show was fired? B:
No. No doubt. W:
And how is
your eyesight? B:
Perfect. W:
That’s all
judge. Cross-examination
by Barry Slotnick: S:
Good morning
Mr. Boucher, my name is Barry Slotnick and I represent Bernhard Goetz.
Now…
isn’t it a matter of fact that this was a very startling experience? B:
Yes. S:
You say that
as a result of what happened you were emotionally upset, traumatized? B:
I wouldn’t
use those strong words. S:
when was the
last time you saw people lying on the subway floor? B:
I was
shocked, I was shaken… S:
… no, no, no,
just answer my question, please. If you would. B:
I have. S:
When was the
last time, before this incident, if you ever saw anybody as you saw,
shot? B:
I’ve never
seen that. S:
When was the
last time that you saw a gun? B:
I’ve never
seen a gun. S:
How long have
you heard gunshots? B:
Never. S:
So at a
minimum, would you say that December 22nd,
1984 was, for you, a little bit unusual? B:
Yes, very
much. S;
But you uh…
remained cool. You were not traumatized, and you did not get
emotionally upset? B:
Pretty much
so, I was surprised. S:
Yeah… You’re
saying that you saw this tall, blonde man with a gun firing down into a
seat,
is that correct? B:
Yes. S:
Now could you
please come down… J:
Please come
down… S:
Mr. Boucher,
perhaps demonstrate to the jury exactly how you say you saw this man
sitting? B:
Well as I
recall he was sitting … he was sitting like this and he was grasping
the bench. S:
Just like
this? B:
Yes. S:
And
certainly, you’re looking from forty feet down, straight down, and you
had a
very clear view? B:
Yes. S:
Now, based
upon when you are now, please tell me, position me as to where you say
the tall
man with the gun, I’ll move around here, you tell me when to stop. B:
…right there. S:
Right about
here? B;
No, closer. S:
Right about
here? B:
Yes. S;
And he had
the gun like this B:
Yes. S:
And the gun
went bang? It is your testimony that he then turned around and looked
toward
you? B:
Look, he was
like looking down and he looked at the end of the car, yes. S:
What did he
do with the gun? B:
He was still
holding it at his side. S:
Like this? B:
No, the arm
still seemed to be bent. Still cocked at the elbow, I guess. S;
Like this? B:
Like that. S:
Then, What
did you see? B:
At that point
I got up and I turned my back and I never saw anything after that. S:
Thank you
very much, you may return to your seat. Now,
the train
leaves 14th street, very loud and noisy. You’re looking
straight
ahead and up into the air? B:
Yes. S:
Until you
heard the firecracker sound you didn’t look to the north end of the
car, did
you? B:
No. S:
As a matter
of fact, you don’t know if someone came up to him with a machine gun,
because
you didn’t look down into that area, and you just wouldn’t know. B:
I know that
there was no commotion. S:
You said the
train was very loud. B:
I didn’t
hear, but I could see by glancing around. S:
Oh, oh… so
now you glanced up to the north end? After 14th street? B:
Well, I was
always glancing around back and forth. S:
So your
earlier testimony, that you were looking straight ahead is incorrect,
because I
asked you if you ever glanced up to the north end, you said no, so your
earlier
testimony is wrong, is that correct? B:
you asked if
it took my attention; no, it didn’t. S:
So is it your
testimony now that you can’t say that four individuals got up and stood
around
Mr. Goetz, isn’t that correct? And you don’t know what precipitated the
shooting? Is that correct? B:
I don’t know
what precipitated the shooting, no. W:
Mr. Boucher,
is there any doubt in your mind that on December 22nd, 1984
you saw
this tall, blonde man firing his gun into a person who was sitting in
that
seat? B:
I have no
doubt about it, no. W:
That was your
perception on December 22nd? B:
Yes. W:
It’s you r
perception today? B.
Yes. W:
What was that
man in the seat doing to menace the man with the gun? S:
Objection,
your honor. J:
Sustained. W:
Nothing else. J:
Any recross? S:
No, your
honor. |