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

📄 Redirect examination of Thomas Tallarino (part 1) (2 of 2) — Tuesday, December 17, 1996

Address:

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

TRIAL

▲ Day 33 of 57

◀ Redirect examination of Thomas Tallarino (part 1) Re-redirect examination of Thomas Tallarino (part 1) ▶

Witness: Thomas Tallarino
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Tuesday, December 17, 1996 • Utterances: 28

P. Baker conducts redirect of Thomas Tallarino, a witness who observed someone crouching in bushes near the crime scene on June 12, 1994. Baker attempts to rehabilitate the witness by getting him to confirm a pre-testimony conversation in which Baker claims Tallarino expressed certainty the person was not OJ Simpson — but Tallarino denies recalling that exchange. Baker partially recovers by getting Tallarino to confirm he described the person as having slicked-back hair.

# 1 Q:

Was the person crouching in the bushes O.J. Simpson?

# 2 MR. PETROCELLI:

Objection, asked and answered.

# 3 THE COURT:

You know, I think your objection, I sustained it.

# 4 MR. PETROCELLI:

You did.

# 5 A:

I don't know.

# 6 Q:

(BY MR. PETROCELLI) The person had slicked-back hair, correct?

# 7 MR. PETROCELLI:

Objection, asked and answered.

# 8 THE COURT:

That's been asked and answered.

# 9 Q:

(BY MR. P. BAKER) The report that Mr. Petrocelli showed you, or discussed with you earlier, with Ball and Ramirez, has no mention of Darlington, does it?

# 10 A:

This report?

# 11 Q:

Yes.

# 12 A:

Well, whoever wrote this, it's -- I can't tell their handwriting, I don't -- I don't know if there's a mention of Darlington, I never read this.

# 13 Q:

And when you told Officer Ball and Officer Ramirez your observations of June 12, 1994, you were telling the truth, were you not?

# 14 A:

Yes.

# 15 Q:

And when you told me last night you were sure that person wasn't O.J. Simpson you observed in the bushes, you were telling the truth, were you not?

# 16 MR. PETROCELLI:

I'm going to object, Your Honor, it's leading, it's his witness, it misstates the evidence. He said he couldn't identify the person, he doesn't know if it was O.J. Simpson or not.

# 17 THE COURT:

I'll sustain the objection as to form.

# 18 Q:

(BY MR. P. BAKER) Mr. Tallarino, I spoke with you last night, did I not?

# 19 A:

Yes.

# 20 Q:

And I asked you are you sure that the person in the bushes was not O.J. Simpson. Do you recall me asking you that?

# 21 A:

No, I don't recall that.

KEY QUOTE

# 22 MR. PETROCELLI:

Objection, leading.

# 23 THE COURT:

Overruled.

# 24 Q:

(BY MR. P. BAKER) Do you recall telling me the person you observed in the bushes had slicked-back hair, when we discussed it last night, Mr. Tallarino?

# 25 MR. PETROCELLI:

I'm going to object. He's leading his own witness. He put this witness on; not me.

# 26 THE COURT:

I'll permit it.

# 27 Q:

(BY MR. P. BAKER) Do you recall telling me that last night, Mr. Tallarino?

# 28 A:

Yes.

MR. P. BAKER: I have nothing further.

KEY QUOTE

Temperature

tense

Key Quotes (4)

Witness

I don't know.

Direct answer when asked if the crouching figure was OJ Simpson — unhelpful to both sides, but especially damaging to Baker's attempt to use this witness as an alibi/alternative suspect witness.

Daniel Petrocelli

He said he couldn't identify the person, he doesn't know if it was O.J. Simpson or not.

Petrocelli corrects the record mid-objection, boxing in what Baker can claim the witness actually said.

Witness

No, I don't recall that.

Tallarino denies recalling Baker asking him — the night before — whether he was sure the person wasn't OJ Simpson. This is a notable failure of witness preparation.

Witness

Yes.

Tallarino does confirm telling Baker the night before that the person had slicked-back hair — the one detail Baker manages to lock in on redirect.

Evidence (1)

Informal

Police report by Officers Ball and Ramirez documenting Tallarino's observations from June 12, 1994

discussed; witness notes it mentions no 'Darlington' and that he never read it

Notable Exchanges (2)

P. Baker•Witness

Baker attempts to get Tallarino to confirm he told Baker the previous night he was 'sure' the person wasn't OJ Simpson. Tallarino flatly says he doesn't recall Baker asking that question.

revealing — witness fails to deliver prepared testimony

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli objects that Baker is leading his own witness; Fujisaki permits it anyway, allowing Baker to at least lock in the slicked-back hair detail.

procedural

Credibility Attacks (1)

⚔ Thomas Tallarino

prior inconsistent statement (attempted)

Baker tries to impeach Tallarino with their own pre-testimony conversation, claiming Tallarino told him the night before he was sure the person wasn't OJ Simpson. Tallarino denies the recollection, neutralizing the gambit. Baker partially salvages by confirming the slicked-back hair description.

Objections

5 objections (3 sustained, 2 overruled)

Proceeding 8688 • 28 utterances • Plaintiff witness

Civil Trial

Department 103