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

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

Address:

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

TRIAL

▲ Day 33 of 57

◀ Re-redirect examination of Thomas Tallarino (part 2) Redirect examination of Thomas Tallarino (part 3) ▶

Witness: Thomas Tallarino
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Tuesday, December 17, 1996 • Utterances: 30

Petrocelli cross-examined Tallarino on a street name discrepancy — the witness wrote 'Darlington' in a document but claimed to mean 'Dorothy' — and then probed whether the witness had discussed co-writing a book or screenplay with detective Tom Lange. The exchange was brief and largely procedural, ending after about 30 utterances with Petrocelli announcing he had nothing further.

# 1 (Laughter.)

# 2 Q:

(BY MR. PETROCELLI) Is that supposed to be funny?

# 3 A:

No.

They sound alike.

# 4 Q:

Just answer my question. You told the officers about Darlington?

# 5 A:

I made a mistake at the time. I meant Dorothy.

KEY QUOTE

# 6 Q:

Did you tell them about Darlington, yes or no?

# 7 A:

I don't recall.

# 8 Q:

You wrote Darlington, right?

# 9 A:

Yes.

# 10 Q:

And Darlington appears in this document?

# 11 THE COURT:

Wait a minute. You can't use that document.

KEY QUOTE

# 12 Q:

(BY MR. PETROCELLI) And furthermore, sir, you know -- you just live around the corner from these streets, don't you?

MR. P. BAKER: Outside the scope.

# 13 Q:

(BY MR. PETROCELLI) You live on Mayfield?

# 14 THE COURT:

Overruled.

# 15 Q:

(BY MR. PETROCELLI) Correct, sir, you live on Mayfield?

# 16 A:

Yes.

# 17 Q:

Right around the corner from Darlington, correct?

# 18 A:

Yes.

# 19 Q:

You're familiar with these streets, aren't you?

# 20 A:

I just moved into the neighborhood at the time.

# 21 Q:

By the way, when you spoke to Tom Lange, didn't you tell Mr. -- your lawyer was present, a man named Levine, right.

MR. P. BAKER: Outside the scope.

# 22 THE COURT:

Overruled.

# 23 A:

I don't believe he was there. I don't recall, I don't think he was there.

# 24 Q:

(BY MR. PETROCELLI) Didn't you talk to Tom Lange about the possibility of your -- you and he writing a screen play together?

MR. P. BAKER: Outside the scope.

# 25 Q:

(BY MR. PETROCELLI) Did you?

# 26 THE COURT:

Overruled.

# 27 A:

No, I did not. I don't write screen plays.

KEY QUOTE

# 28 Q:

Didn't you talk to him about whether they might want to write a book or a screen play or something?

# 29 A:

No.

# 30 MR. PETROCELLI:

Okay. I don't have anything further from him, Your Honor.

REDIRECT EXAMINATION BY MR. P. BAKER:

Temperature

procedural

Key Quotes (3)

Witness

I made a mistake at the time. I meant Dorothy.

Witness attempts to explain away a written discrepancy between 'Darlington' and 'Dorothy,' which Petrocelli is using to undermine accuracy of the witness's recollections.

Witness

No, I did not. I don't write screen plays.

Denial of any collaboration discussion with Detective Lange — the slightly defensive phrasing hints at discomfort with the question.

Hiroshi Fujisaki

Wait a minute. You can't use that document.

Judge sua sponte blocked Petrocelli from using a document, suggesting an evidentiary issue not fully resolved on the record here.

Evidence (1)

Informal

A document containing the word 'Darlington,' apparently written by or associated with the witness

referenced by Petrocelli; judge blocked its use mid-question

Notable Exchanges (2)

Daniel Petrocelli•Witness

Petrocelli presses whether witness discussed writing a book or screenplay with Detective Tom Lange, implying a potential bias or relationship; witness flatly denies it.

strategic

Hiroshi Fujisaki•Daniel Petrocelli

Judge interrupts Petrocelli mid-question to block use of an unspecified document, without objection from opposing counsel.

procedural

Light Moments (1)

Witness

Laughter erupts at the start — apparently over the similarity between the names 'Darlington' and 'Dorothy'; Petrocelli asks 'Is that supposed to be funny?' and the witness says 'No. They sound alike.'

Credibility Attacks (2)

⚔ Tallarino

prior inconsistent statement

Petrocelli points out that the witness wrote 'Darlington' in a document but now claims to have meant 'Dorothy,' suggesting unreliable or inconsistent recollection.

⚔ Tallarino

bias / undisclosed relationship

Petrocelli probes whether the witness discussed co-writing a book or screenplay with Detective Tom Lange, implying a cozy relationship that could color the witness's account.

Witness Demeanor

(Laughter.)

Objections

3 objections (0 sustained, 3 overruled)

Proceeding 8695 • 30 utterances • Plaintiff witness

Civil Trial

Department 103