Cross-examination of Gretchen Stockdale

📄 Cross-examination of Gretchen Stockdale — Tuesday, August 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\8\CROSS-EXAMINATION-OF-GRETCHEN-.DOC

TRIAL

▲ Day 131 of 167

◀ Direct examination of Gretchen Stockdale Redirect examination of Gretchen Stockdale ▶

Witness: Gretchen Stockdale
Examiner: Gerald Uelmen
Called by: Prosecution • Date: Tuesday, August 8, 1995 • Utterances: 31

Defense attorney Uelmen cross-examines Gretchen Stockdale about the chain of custody of an answering machine tape she gave to defense investigator Bill Pavelic. The brief cross establishes that Stockdale had two copies of the tape, gave Pavelic one but kept the other for roughly five months before erasing it — and that she erased her copy only after learning the defense had decided not to call her as a witness.

# 1 THE COURT:

Mr. Uelmen.

# 2 MR. UELMEN:

Thank you.

CROSS-EXAMINATION BY MR. UELMEN

# 3 MR. UELMEN:

Miss Stockdale, the copy of the message that you made yourself, was that before or after you received the copy from your answering service?

# 4 MS. STOCKDALE:

Before I received the copy.

# 5 MR. UELMEN:

All right. So initially, you just held a tape recorder up to the telephone and made a copy yourself?

# 6 MS. STOCKDALE:

Yes.

# 7 MR. UELMEN:

All right. And then later, the answering service sent you another taped copy of the message?

# 8 MS. STOCKDALE:

That's correct.

# 9 MR. UELMEN:

Now, do you recall which of those two you gave to Mr. Pavelic?

# 10 MS. STOCKDALE:

I believe it was the one I received from the voice mail service.

# 11 MR. UELMEN:

The one you kept then was the one you made yourself?

# 12 MS. STOCKDALE:

Yes.

# 13 MR. UELMEN:

Now, you didn't tell Mr. Pavelic when you gave him a taped cassette that it was your only copy of the message, did you?

# 14 MS. STOCKDALE:

No. I didn't tell him it was my only copy.

KEY QUOTE

# 15 MR. UELMEN:

And when you were interviewed by the District Attorney in June of this year, you did not tell them that you gave Mr. Pavelic your only copy?

# 16 MS. STOCKDALE:

No, I did not.

# 17 MR. UELMEN:

Now, you gave the copy of the tape to Mr. Pavelic in September?

# 18 MS. STOCKDALE:

That's the best--to the best of my recollection.

# 19 MR. UELMEN:

And to the best of your recollection, is that--the copy that you kept was not erased until March or April?

# 20 MS. STOCKDALE:

Yes.

# 21 MR. UELMEN:

So then after you gave Mr. Pavelic a copy, you still had a copy for approximately five months?

# 22 MS. STOCKDALE:

Yes.

# 23 MR. UELMEN:

Now, did Mr. Pavelic at some time call and inform you that you were not going to be called as a witness by the Defense?

# 24 MS. STOCKDALE:

Yes, he did.

# 25 MR. UELMEN:

Was that before or after you taped over your copy?

# 26 MS. STOCKDALE:

That was before I--that was sometime before.

# 27 MR. UELMEN:

So you were aware then when you taped over it in March or April that the Defense had decided not to call you as a witness?

KEY QUOTE

# 28 MS. STOCKDALE:

That's correct.

# 29 MR. UELMEN:

And did you ever request that Mr. Pavelic return the copy of the tape that you had given to him?

KEY QUOTE

# 30 MS. STOCKDALE:

No, I didn't

# 31 MR. UELMEN:

Nothing further.

Temperature

procedural

Key Quotes (3)

Gerald Uelmen

So you were aware then when you taped over it in March or April that the Defense had decided not to call you as a witness?

Implies Stockdale's erasure of her copy was knowing and potentially strategic, undermining any claim the tape was carelessly lost.

Gretchen Stockdale

No. I didn't tell him it was my only copy.

Directly contradicts any prior implication — set up on direct — that Pavelic somehow cost her her only copy of the tape.

Gerald Uelmen

And did you ever request that Mr. Pavelic return the copy of the tape that you had given to him?

Closes the loop: Stockdale never sought the tape back, suggesting her concern about its loss was overstated.

Evidence (1)

Informal

Answering machine tape containing a message from OJ Simpson, of which Stockdale made her own copy before receiving a copy from her voice mail service

discussed

Notable Exchanges (1)

Gerald Uelmen•Gretchen Stockdale

Uelmen methodically establishes that Stockdale had a second copy of the tape for five months after giving one to Pavelic, erased it only after learning she would not be called as a defense witness, and never asked for her copy back — dismantling any narrative that the tape was irretrievably lost through Pavelic's actions.

strategic

Credibility Attacks (1)

⚔ Gretchen Stockdale

prior inconsistent omission / bias

Uelmen shows Stockdale never told Pavelic or the DA that the copy she gave Pavelic was her 'only' copy, and that she deliberately erased her retained copy after knowing the defense had dropped her — weakening the prosecution's framing that the defense mishandled or suppressed the tape.

Objections

None recorded

Proceeding 7232 • 31 utterances • Prosecution witness

Criminal Trial

Department 103