Cross-examination of Stewart Tanner

📄 Cross-examination of Stewart Tanner — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\CROSS-EXAMINATION-OF-STEWART-T.DOC

TRIAL

▲ Day 14 of 167

◀ Direct examination of Stewart Tanner Afternoon recess ▶

Witness: Stuart Tanner
Examiner: Robert Shapiro
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 64

Robert Shapiro conducted a brief cross-examination of Stewart Tanner, a Mezzaluna bartender who knew Ron Goldman. Shapiro probed Ron Goldman's movements and habits after his shift ended, and zeroed in on a prior inconsistency: a police report stating that Ron 'volunteered' to take Nicole's glasses to her house, versus Tanner's uncertainty about whether he told officers that or learned it from manager Karen Crawford before the interview.

# 1 MS. CLARK:

I HAVE NOTHING FURTHER.

# 2 MR. SHAPIRO:

YOUR HONOR, MY EXAMINATION WILL BE QUITE BRIEF, IF YOU'D LIKE ME TO DO IT BEFORE THE LUNCH HOUR.

# 3 THE COURT:

PLEASE.

# 4 MR. SHAPIRO:

PERHAPS MISS CLARK CAN HELP US. I AM GOING TO NEED THE DOCUMENT -- MINE HAS UNDERLINING ON IT -- IT'S IN THE HOMICIDE BOOK, PAGE 368.

# 5 THE COURT:

AND, MR. DARDEN, COULD I GET YOU TO JUST MOVE THIS EASEL BACK ABOUT A FOOT AND A HALF?

# 6 MS. CLARK:

SURE, YOUR HONOR.

# 7 THE COURT:

I JUST NOTICE THAT WE'RE BLOCKING TWO OF OUR JURORS HERE. THERE WE GO.

# 8 MS. CLARK:

BETTER?

# 9 THE COURT:

BETTER. THANK YOU.

# 10

CROSS-EXAMINATION

# 11

BY MR. SHAPIRO:

# 12 Q:

GOOD AFTERNOON, MR. TANNER.

# 13 A:

GOOD AFTERNOON MR. SHAPIRO.

# 14 Q:

HOW ARE YOU TODAY?

# 15 A:

GOOD.

# 16 Q:

HAD YOU ON PREVIOUS OCCASIONS GONE OUT WITH RON GOLDMAN AFTER WORK?

# 17 A:

MAYBE ONE TIME. MAYBE NOT. BUT NOT -- NOT -- IT WASN'T LIKE WE WENT OUT ON A REGULAR BASIS. WE WERE JUST STARTING TO THE POINT OF BECOMING GOOD FRIENDS.

# 18 Q:

AND HAD YOU DISCUSSED WHERE YOU WERE GOING TO GO IN MARINA DEL REY?

# 19 A:

YES, WE HAD.

# 20 Q:

WHERE WERE YOU GOING TO GO?

# 21 A:

WE WERE GOING TO GO TO THE BAJA CANTINA.

# 22 Q:

WHAT IS THAT?

# 23 A:

IT'S A MEXICAN BAR AND RESTAURANT.

# 24 Q:

AND YOU WERE GOING TO TOUCH BASES ABOUT 11:30?

# 25 A:

THERE WAS NO SET TIME. LIKE I SAID, IT WAS -- UH, HE WAS GOING TO EITHER GIVE ME A CALL AT THE RESTAURANT OR I WAS GOING TO CALL HIM.

AND BASICALLY WHAT HAPPENED WAS, WE GOT BUSY AND I ENDED UP STAYING LATER THAN I THOUGHT, AND I GOT HOME AND I HADN'T RECEIVED A CALL. SO I JUST DECIDED, YOU KNOW WHAT, I'M TIRED, I'M GOING TO GO TO BED.

# 26 Q:

WOULD YOU FIND IT A GENERAL HABIT OF RON THAT AFTER HE LEFT WORK, IF HE WAS GOING TO GO OUT, THAT HE WAS CONCERNED ABOUT HIS PHYSICAL APPEARANCE AND THAT HE WOULD CHANGE HIS CLOTHES?

# 27 MS. CLARK:

OBJECTION. CALLS FOR SPECULATION, VAGUE.

# 28 THE COURT:

SUSTAINED.

# 29 Q:

BY MR. SHAPIRO: DO YOU HAVE ANY OPINION AS TO WHETHER OR NOT RON MIGHT TAKE A SHOWER AFTER WORKING ALL DAY AND BEFORE GOING OUT TO A BAR IN THE EVENING?

# 30 MS. CLARK:

OBJECTION. HIS OPINION IS IRRELEVANT. CALLS FOR SPECULATION.

# 31 THE COURT:

HE SAYS HE ONLY WENT OUT WITH THE GUY ONCE BEFORE. IT'S CALLING FOR SPECULATION.

# 32 MR. SHAPIRO:

THANK YOU, YOUR HONOR.

# 33 Q:

BY MR. SHAPIRO: YOU TOLD US THAT YOU NEVER ACTUALLY SAW RON LEAVE THE MEZZALUNA RESTAURANT?

# 34 A:

THAT IS CORRECT.

# 35 Q:

DO YOU KNOW IF HE HAD ANYTHING TO EAT BEFORE HE GOT OFF WORK?

# 36 A:

UH, I DIDN'T SEE HIM EAT AFTER HE WAS DONE WITH WORK. I DON'T KNOW IF HE DID OR NOT. YOU KNOW, I WAS STILL WORKING.

# 37 Q:

IT'S A SMALL RESTAURANT. DO YOU ASSUME IF HE SAT DOWN AND ATE WITH THE MANAGER, THAT YOU WOULD SEE IT?

# 38 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

# 39 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 40 STUART TANNER:

OKAY. UMM, HE SAT DOWN WITH THE MANAGER AFTER HE WAS DONE WITH WORK. HE DIDN'T EAT.

KEY QUOTE

# 41 Q:

BY MR. SHAPIRO: HE DID NOT EAT?

# 42 A:

HE DID NOT. HE HAD A BOTTLE OF WATER IN FRONT OF HIM.

# 43 Q:

DID YOU SERVE ANY WINE TO THE NICOLE BROWN SIMPSON PARTY?

# 44 A:

I COULDN'T TELL YOU. I DIDN'T WAIT ON THE TABLE. I -- I -- WHEN A DRINK TICKET COMES UP, I SEE THE WAITER'S NAME. I DON'T LOOK AT THE TABLE NUMBER. IF WINE WENT TO THAT TABLE, I DON'T KNOW.

# 45 Q:

DID YOU HAVE AN INTERVIEW WITH TWO MEMBERS OF THE LOS ANGELES POLICE DEPARTMENT, AN INVESTIGATOR CARR AND INVESTIGATOR TIPPIN?

# 46 A:

I DON'T REMEMBER THE NAMES, BUT I DID -- I WAS INTERVIEWED BY TWO GENTLEMEN ON MONDAY THE -- THE MONDAY AFTER THE MURDERS.

# 47 Q:

AND DID THEY WRITE A REPORT?

# 48 A:

YES, THEY DID.

# 49 Q:

AND IN THAT REPORT -- HAVE YOU SEEN THAT REPORT?

# 50 A:

I THINK WE WENT OVER THIS THE LAST TIME I WAS HERE.

# 51 Q:

SO YOU HAVE SEEN IT?

# 52 A:

YES.

# 53 Q:

SO YOU KNOW WHAT I'M REFERRING TO?

# 54 A:

I KNOW WHAT YOU'RE REFERRING TO, YES.

# 55 Q:

AND IN THAT REPORT, THEY INDICATED THAT YOU HAD A CONVERSATION ABOUT SOME GLASSES THAT HAD BEEN LEFT AT THE RESTAURANT AND THAT THEIR REPORT INDICATES, QUOTE, RON VOLUNTEERED TO TAKE THE GLASSES TO HER HOUSE.

# 56 A:

CORRECT.

# 57 Q:

DO YOU RECALL THAT BEING IN THE REPORT?

# 58 A:

I RECALL THAT BEING IN THE REPORT, YES, I DO.

# 59 Q:

AND IT'S YOUR RECOLLECTION THAT YOU NEVER SAID THAT TO THE OFFICERS?

# 60 A:

I -- AGAIN, WE GOT INTO THIS LAST TIME. I DON'T REMEMBER IF I DID OR DIDN'T SAY IT TO THE OFFICERS, BUT I MAY HAVE BEEN TOLD THAT DAY BY KAREN CRAWFORD THAT HE WAS TAKING THOSE GLASSES BECAUSE I DID SPEAK TO HER BEFORE THEY GOT THERE.

# 61 Q:

DO YOU REMEMBER LAST TIME WE TALKED ABOUT THIS, YOU SAID, "QUITE POSSIBLY I DIDN'T SAY IT"?

KEY QUOTE

# 62 A:

YES, I DID SAY THAT.

# 63 Q:

THANK YOU.

# 64 MR. SHAPIRO:

NOTHING FURTHER.

Temperature

procedural

Key Quotes (3)

Stewart Tanner

I DON'T REMEMBER IF I DID OR DIDN'T SAY IT TO THE OFFICERS, BUT I MAY HAVE BEEN TOLD THAT DAY BY KAREN CRAWFORD THAT HE WAS TAKING THOSE GLASSES BECAUSE I DID SPEAK TO HER BEFORE THEY GOT THERE.

Undermines the sourcing of the 'Ron volunteered' detail — Tanner may have simply echoed what Crawford told him, rather than providing independent knowledge to police.

Robert Shapiro

DO YOU REMEMBER LAST TIME WE TALKED ABOUT THIS, YOU SAID, 'QUITE POSSIBLY I DIDN'T SAY IT'?

Shapiro locks in a prior admission, closing the cross on a subtle impeachment note without belaboring it.

Stewart Tanner

HE SAT DOWN WITH THE MANAGER AFTER HE WAS DONE WITH WORK. HE DIDN'T EAT. HE HAD A BOTTLE OF WATER IN FRONT OF HIM.

Establishes Ron Goldman's state when he left Mezzaluna — no food, just water — relevant to timeline and physical condition.

Evidence (2)

Informal

LAPD interview report by Investigators Carr and Tippin, taken the Monday after the murders — specifically the notation that 'Ron volunteered to take the glasses to her house'

discussed, used for impeachment

Informal

Homicide book, page 368 — referenced by Shapiro when setting up the cross

referenced, not formally introduced

Notable Exchanges (2)

Robert Shapiro•Stewart Tanner

Shapiro revisited testimony from a prior appearance, pinning Tanner on whether he told police Ron 'volunteered' to deliver the glasses or merely repeated what Karen Crawford had told him. Tanner acknowledged his prior statement ('quite possibly I didn't say it') when pressed.

strategic

Lance A. Ito•Robert Shapiro

Judge sustained Clark's objection on the shower/appearance question with editorial commentary — 'He says he only went out with the guy once before. It's calling for speculation' — to which Shapiro simply replied 'Thank you, your honor' and moved on.

dry/procedural

Light Moments (1)

Lance A. Ito

Judge notices two jurors are blocked by the easel mid-setup and asks Darden to move it, followed by a brief back-and-forth with Clark — 'Better?' / 'Better. Thank you.'

Credibility Attacks (1)

⚔ Stewart Tanner

prior inconsistent statement / sourcing uncertainty

Shapiro established that the 'Ron volunteered' detail in the LAPD report may not have originated with Tanner — he may have been told by Karen Crawford before the interview, meaning the report's attribution to Tanner is potentially contaminated. Tanner's own prior admission ('quite possibly I didn't say it') is used to close.

Objections

3 objections (2 sustained, 1 overruled)

Proceeding 4658 • 64 utterances • Prosecution witness

Criminal Trial

Department 103