The attorney who originally called the witness whose testimony has been challenged on cross examination has the right to attempt to rebuild or to rehabilitate the witness and his testimony. Leading questions are permitted during redirect examination for the purpose of allowing the witness to explain, develop or modify new matter brought out in cross examination.6
The examining attorney may direct the attention of the witness to questions asked him in cross examination and to any inconsistencies between his testimony in cross examination and his testimony in direct examination. If the witness has become confused or has originally testified from documents that refreshed his recollection, he may be asked leading questions to refresh his recollection regarding dates, conversations or events.
Where a witness has been cross examined concerning certain actions of the witness, his attorney may, on redirect examination, ask him “why” the witness engaged in that behavior. In People v. Dyer,7 Mrs. Giller was asked the following questions on cross examination to establish that her behavior was bizarre or “irregular” and to impeach her:
Q: Mrs. Giller, on June 6, 1972, you jumped out of a car, didn’t you?
A: I was told to jump or they would go ahead and push me.
Q: You jumped didn’t you?
A: Yes.
Q: Nobody pushed you out of that automobile did they, Mrs. Giller?
A: No.
(This examination appeared to be quite sound until the redirect examination.)
Q: Mrs. Giller, why did you jump out of an automobile in June of 1972?
A: I don’t remember how it got started or anything but when I got ready to jump Tony (the defendant) opened the door and – anyway, he said either jump or he was going to push me so I jumped.8
In People v. Washington,9 a witness testified to leaving Springfield, Illinois, for Detroit on June 30, 1925 and being in Detroit from June 30 until July 14 or June 15. On cross examination he stated that between the first day of June and the fifteenth day of June he was in Detroit when he apparently meant July and not June.
On redirect examination the Supreme Court of Illinois allowed the following questions:
If you stated in answer to the State’s Attorney that you left in June, the first of June, and you were in Detroit during, and up to the fifteenth of June, is that correct? Were you in Detroit at any time in the first part of June?10
The Supreme Court commented that “If the witness in his cross examination inadvertently used the word “June” instead of “July” he should have been given the opportunity to correct the mistake.”11
Where a witness is confused on cross examination with respect to distances, his attorney does have the right to reorient him during redirect examination. In Heidler Co. v. Wilson and Bennet Company,12 the plaintiff testified that the defendant’s truck was only twenty feet from the intersection. The attorney for the plaintiff asked his client how far the defendant’s truck was from the intersection in comparison with the length of the Courtroom. The objection was made that “20 feet was 20 feet” but the First District held that the question was proper on redirect examination.13