Direct examination of Thomas Tallarino (part 1)

📄 Direct examination of Thomas Tallarino (part 1) — Tuesday, December 17, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\17\DIRECT-EXAMINATION-OF-THOMAS-T.DOC

TRIAL

▲ Day 33 of 57

◀ Redirect examination of Michael Gladden Sidebar: relevance of observations ▶

Witness: Thomas Tallarino
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Tuesday, December 17, 1996 • Utterances: 57

Defense calls Thomas Tallarino, a production assistant who was rollerblading near the Bundy crime scene on the evening of June 12, 1994. Baker establishes Tallarino's route — from a school at San Vicente and Bundy, down Gretna Green Way, Montana, and south on Bundy's west sidewalk — arriving home a few minutes before 9:00 PM. The examination is cut off just as Baker asks whether Tallarino noticed anything suspicious near Dorothy and Bundy.

# 1 THE COURT:

You may step down.

MR. P. BAKER: Defense calls Thomas Tallarino.

THOMAS TALLARINO, called as a witness on behalf of the Defendants', was duly sworn and testified as follows:

# 2 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 3 THOMAS TALLARINO:

I do, yes.

# 4 THE CLERK:

Sir, would you please state and spell your name for the record.

# 5 THOMAS TALLARINO:

Thomas Tallarino, T-h-o-m-a-s T-a-l-l-a-r-i-n-o.

DIRECT EXAMINATON BY MR. P. BAKER:

# 6 Q:

Good afternoon, Mr. Tallarino.

# 7 A:

Hi.

# 8 Q:

How are you?

# 9 A:

Good.

# 10 Q:

Taking you back to June 12, 1994, what were you doing for a living at about that time?

# 11 A:

I was working for Jersey Films as a production assistant.

# 12 Q:

Do you recall on the night of June 12, 1994, doing anything athletic?

# 13 A:

Yeah, I was rollerblading.

# 14 Q:

Who were you rollerblading with?

# 15 A:

A friend of mine.

# 16 Q:

And what did -- What time did you start rollerblading?

# 17 A:

I don't remember.

# 18 Q:

Where did you live on the night of June 12, 1994?

# 19 A:

On Mayfield between Westgate and Bundy.

# 20 Q:

Okay.

How close is that to Dorothy and Bundy?

# 21 A:

It's a couple blocks.

# 22 Q:

Okay.

Where did you first start when you went rollerblading?

# 23 A:

From my house.

# 24 Q:

Okay.

In which direction did you go?

# 25 A:

I don't remember. I think I went down Mayfield.

# 26 Q:

And what was your destination that day.

# 27 A:

There's a school.

# 28 Q:

Is that the school located on San Vicente and Bundy?

# 29 A:

Yes, and Gretna Green Way, San Vicente.

# 30 Q:

And what were you going to do at the school that day?

# 31 A:

We had hockey sticks and we were going to hit the ball back and forth a little. Roller hockey.

# 32 Q:

Roller hockey.

Is that the school that has the short basketball hoops?

# 33 A:

I think so.

# 34 Q:

So that people like my size can dunk the ball?

# 35 A:

Yeah.

# 36 (Laughter.)

# 37 Q:

How long did you play roller hockey?

# 38 A:

I don't remember how long.

# 39 Q:

What time of the evening did you leave the school, if you recall?

# 40 A:

I don't remember. I just know that when I got home, it was a few minutes before 9:00

KEY QUOTE

# 41 Q:

So you left in the 8:30, 8:45 range; is that right?

# 42 MR. PETROCELLI:

It's leading, Your Honor.

# 43 THE COURT:

Overruled.

# 44 A:

Yeah. Probably took me 10, 15 minutes to get home.

# 45 Q:

(BY MR. P. BAKER) What route did you take from the school to get back to your apartment?

# 46 A:

I went down Gretna Green Way, took a left on Montana.

KEY QUOTE

# 47 Q:

Okay.

# 48 A:

Took a right on Bundy.

# 49 Q:

All right

# 50 A:

And went down the sidewalk on Bundy, on the west side of the street.

# 51 Q:

Okay.

And where was your friend in relation to you when you were rollerblading?

# 52 A:

Well, we started together but he was going a lot faster than me.

# 53 Q:

He was in front of you?

# 54 A:

Yeah.

# 55 Q:

Was he a better rollerblader than you were?

# 56 A:

No.

# 57 Q:

When he came around the corner at Bundy and Dorothy, did you notice anything suspicious?

KEY QUOTE

Temperature

procedural

Key Quotes (3)

TALLARINO

I just know that when I got home, it was a few minutes before 9:00

Places him near the crime scene (Dorothy and Bundy) in the window around the murders, making him a potential timeline witness for the defense.

TALLARINO

I went down Gretna Green Way, took a left on Montana... Took a right on Bundy. And went down the sidewalk on Bundy, on the west side of the street.

Establishes his route passed directly by the Bundy crime scene, setting up whatever he did or did not observe.

P. BAKER

When he came around the corner at Bundy and Dorothy, did you notice anything suspicious?

The cliffhanger question at the end of this excerpt — the answer is the entire point of calling this witness.

Notable Exchanges (1)

P. BAKER•TALLARINO

Baker methodically reconstructs Tallarino's exact rollerblading route to establish he traveled the west sidewalk of Bundy past Dorothy on the murder night.

strategic

Light Moments (1)

P. BAKER

Baker asks if the school has short basketball hoops 'so that people like my size can dunk the ball,' drawing laughter from the courtroom.

Witness Demeanor

(Laughter.)

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8684 • 57 utterances • Plaintiff witness

Civil Trial

Department 103