Direct Examination by Gregory Waples:
MacFoy: Shortly after the train took off from Fourteenth Street, in a position somewhat diagonally across from myself, suddenly, a man took out a gun and started 'to shoot at some people who were on the train. . . . He was standing, and he motioned with the gun out of some of his clothes with his right hand, and made a step towards his left, and pointed, and started shooting at some people who appeared to me might have been sitting on the seats....
Waples: When you saw the man firing, did you see what, if anything, he was firing at?
MacFoy: I wasn't really sure what he was firing at or the people he was firing at. All I know was that there were people there on the seat.
Waples: And what was the general position of his arm when he was firing the gun?
MacFoy: He was standing and pointing down towards where somebody would be sitting on the seat.
Waples: What were you doing when this was going on?
MacFoy: Well, all this time I was very terrified, standing with my parcel and remaining motionless.
Waples: What did you do after the firing was over?
MacFoy: I went to the opposite direction to which he was....
Cross Examination by Barry Slotnick:
Slotnick: Mr. MacFoy, the incident occurred .. , on December 22, 1984. Do you remember where you were that Christmas season, 1984?
MacFoy: Where I was?
Slotnick: Were you in New York? Or perhaps somewhere else?...Isn't it a matter of fact that the first time you came forward and identified yourself. . . was in March of 1985?
MacFoy: No, no, that's not true. I called in on a hotline number....