Re-redirect examination of Thomas Tallarino (part 1)

📄 Re-redirect examination of Thomas Tallarino (part 1) — Tuesday, December 17, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\17\RE-REDIRECT-EXAMINATION-OF-THO.DOC

TRIAL

▲ Day 33 of 57

◀ Redirect examination of Thomas Tallarino (part 1) Redirect examination of Thomas Tallarino (part 2) ▶

Witness: Thomas Tallarino
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Tuesday, December 17, 1996 • Utterances: 49

Petrocelli recrosses Tallarino to establish that the location depicted in the witness's own diagram — where he claimed to see someone crouching — was at the corner of Bundy and Darlington, which is south of Dorothy and nowhere near Nicole Simpson's condominium at 875 South Bundy. The key strategic win is getting the witness to confirm on his own diagram that the suspicious sighting was nowhere relevant to the crime scene.

# 1 MR. PETROCELLI:

What exhibit is this?

# 2 THE CLERK:

Next in order.

RECROSS-EXAMINATION BY MR. PETROCELLI:

# 3 Q:

Let me show you this photograph.

THE COURT REPORTER: What's the number?

# 4 MR. FOSTER:

Next in order.

# 5 THE CLERK:

2273.

# 6 (The instrument herein described as a photograph of front of 875 South Bundy was marked for identification as Plaintiffs' Exhibit No. 2273.)

# 7 Q:

(BY MR. PETROCELLI) Do you recognize the area depicted in that area?

MR. P. BAKER: Outside the scope.

# 8 THE COURT:

Overruled.

# 9 A:

No.

# 10 Q:

(BY MR. PETROCELLI) That's -- isn't that the front of 875 South Bundy, where those officers or those two men are standing?

# 11 A:

I said I don't recognize it.

# 12 Q:

And if you -- would you agree that if you were going down that sidewalk, you couldn't see anybody in any area in front of any wall, true?

MR. P. BAKER: Objection, argumentative. That photograph doesn't depict the residence.

# 13 Q:

(BY MR. PETROCELLI) Is that true?

# 14 THE COURT:

Excuse me.

I sustainED the objection. The witness says he can't recognize the scene.

# 15 MR. PETROCELLI:

Okay, Your Honor.

# 16 Q:

(BY MR. PETROCELLI) Now, take a look at this document.

# 17 MR. PETROCELLI:

Which is the typewritten version of the handwritten notes that you showed him.

MR. P. BAKER: Can I see it?

# 18 (Mr. P. Baker reviews document.)

# 19 THE COURT:

I'm going to sustain it. You can't authenticate it.

KEY QUOTE

# 20 Q:

(BY MR. PETROCELLI) Let me ask you this question: Without describing to the jury what these are, are these your notes at all?

# 21 A:

This is my diagram, yes.

# 22 THE COURT:

Excuse me?

# 23 MR. PETROCELLI:

He said this is his diagram, Your Honor.

# 24 THE COURT:

Okay.

# 25 MR. PETROCELLI:

So I'd like to put this on the Elmo. Mark it as next exhibit in order.

# 26 THE CLERK:

2274.

# 27 (The instrument herein described as a diagram drawn by Mr. Tallarino was marked for identification as Plaintiffs' Exhibit No. 2274.)

# 28 Q:

(BY MR. PETROCELLI) That's a diagram you made with the officers, correct?

# 29 A:

Yes.

# 30 Q:

Okay.

# 31 MR. PETROCELLI:

Yeah, put it on the Elmo, Steve.

# 32 (Exhibit 2274 displayed on Elmo.)

# 33 Q:

(BY MR. PETROCELLI) And you were diagramming where you saw the person crouching, correct?

# 34 A:

Correct.

# 35 Q:

And this is Bundy, correct?

# 36 A:

Yes.

# 37 Q:

And what street is that?

# 38 A:

Darlington.

# 39 Q:

And you put this place at the corner of Bundy and Darlington, correct, on that diagram there?

# 40 A:

Yes.

# 41 Q:

Is that correct, sir?

# 42 A:

Yes.

# 43 Q:

Is that correct, Bundy and Darlington, correct?

# 44 A:

Yes, it's correct.

# 45 Q:

Okay.

Now, Darlington is -- is south even of Dorothy, isn't it?

# 46 A:

Yes.

# 47 Q:

Okay.

We're nowhere near Nicole's condominium, correct?

KEY QUOTE

# 48 A:

Yes.

# 49 MR. PETROCELLI:

No further questions.

REDIRECT EXAMINATION BY MR. P. BAKER:

Temperature

procedural

Key Quotes (3)

Daniel Petrocelli

We're nowhere near Nicole's condominium, correct?

The closing move of the recross — using the witness's own diagram to neutralize whatever value his sighting testimony had for the defense.

Witness

Yes, it's correct.

Repeated confirmation that the crouching figure was placed at Bundy and Darlington on the diagram, cementing the geographic distance from the crime scene.

Hiroshi Fujisaki

I'm going to sustain it. You can't authenticate it.

Fujisaki blocks the typewritten notes before Petrocelli can use them, forcing him to pivot to the diagram instead.

Evidence (2)

Plaintiffs' 2273

Photograph of the front of 875 South Bundy

Introduced; witness says he does not recognize the area

Plaintiffs' 2274

Diagram drawn by Tallarino with officers showing where he saw a person crouching, at the corner of Bundy and Darlington

Introduced and displayed on Elmo; witness authenticates it

Notable Exchanges (2)

Daniel Petrocelli•Thomas Tallarino

Petrocelli walks the witness through his own diagram, getting him to confirm step by step that the location he described is at Bundy and Darlington — south of Dorothy, nowhere near the crime scene.

strategic

Hiroshi Fujisaki•Daniel Petrocelli

Fujisaki blocks the typewritten version of the handwritten notes on authentication grounds before the jury can hear its contents.

procedural

Credibility Attacks (1)

⚔ Thomas Tallarino

prior inconsistent statement / geographic impeachment via own diagram

Petrocelli uses Tallarino's own diagram to establish that the crouching figure he reported was located far south of Nicole's condo, undermining any implication that the sighting was relevant to the night of the murders.

Objections

3 objections (2 sustained, 1 overruled)

Proceeding 8689 • 49 utterances • Plaintiff witness

Civil Trial

Department 103