Re-redirect examination of Thomas Tallarino (part 2)

📄 Re-redirect examination of Thomas Tallarino (part 2) — 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 2) Redirect examination of Thomas Tallarino (part 2) ▶

Witness: Thomas Tallarino
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Tuesday, December 17, 1996 • Utterances: 7

Petrocelli briefly challenged Tallarino about a name — 'Darlington' — written on a diagram, suggesting Tallarino told officers that name and that's why it appeared there. Baker objected twice for lack of foundation. Tallarino's clarifying answer revealed he believed the person's name was 'Dorothy' at the time, not 'Darlington,' complicating Petrocelli's implied point.

# 1 Q:

And in the typewritten version, sir, does Darlington not appear?

MR. P. BAKER: There's no foundation.

# 2 THE COURT:

Sustained.

# 3 Q:

(BY MR. PETROCELLI) You told the officers about Darlington; that's why you wrote it on the diagram, correct?

MR. P. BAKER: No foundation, asked and answered.

# 4 Q:

(BY MR. PETROCELLI) Correct, sir?

# 5 A:

I thought it was Dorothy at the time.

KEY QUOTE

# 6 Q:

But regardless of what you thought, you told the officers about Darlington, correct?

# 7 A:

Darlington, Dorothy, you know, they sound alike.

Temperature

procedural

Key Quotes (1)

Tallarino

I thought it was Dorothy at the time.

Deflates Petrocelli's suggestion that Tallarino reported 'Darlington' to police — the witness claims he had a different name in mind entirely, undermining the impeachment attempt.

Evidence (1)

Informal

Typewritten version of a diagram, contrasted with a handwritten diagram on which 'Darlington' appears

discussed

Notable Exchanges (1)

Petrocelli•Tallarino

Petrocelli pressed Tallarino on whether 'Darlington' was absent from the typewritten version and present on the diagram because Tallarino reported that name to officers; Tallarino answered he thought the name was 'Dorothy' at the time, not 'Darlington.'

strategic

Credibility Attacks (1)

⚔ Tallarino

prior inconsistent statement / document inconsistency

Petrocelli highlighted a discrepancy between the handwritten diagram (which included 'Darlington') and the typewritten version (where the name does not appear), implying the name was added based on what Tallarino told police. The witness's response — that he thought the name was 'Dorothy' — partially neutralized the attack.

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 8691 • 7 utterances • Plaintiff witness

Civil Trial

Department 103