Cross-examination of Tia Gavin

📄 Cross-examination of Tia Gavin — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\CROSS-EXAMINATION-OF-TIA-GAVIN.DOC

TRIAL

▲ Day 14 of 167

◀ Direct examination of Tia Gavin (morning) Redirect examination of Tia Gavin ▶

Witness: Tia Gavin
Examiner: Robert Shapiro
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 60

Robert Shapiro cross-examines Tia Gavin, a waitress at Mezzaluna who served Nicole Brown Simpson's party on the night of the murders. Shapiro focuses on two points: a discrepancy in Detective Vannatter's report about whether Gavin knew the restaurant's time clock was off one hour due to daylight savings, and pinning down when Nicole's party of 10 finished dinner — establishing a departure no earlier than 8:30–9:00 PM.

# 1 THE COURT:

MR. SHAPIRO.

# 2 MR. SHAPIRO:

THANK YOU VERY MUCH, YOUR HONOR.

# 3

CROSS-EXAMINATION

# 4

BY MR. SHAPIRO:

# 5 Q:

GOOD AFTERNOON, MISS GAVIN.

# 6 A:

GOOD AFTERNOON.

# 7 Q:

HOW ARE YOU TODAY?

# 8 A:

VERY GOOD, THANK YOU.

# 9 Q:

DID YOU HAVE AN OPPORTUNITY TO TALK WITH MISS CLARK AND INVESTIGATOR VANNATTER ABOUT THIS CASE?

# 10 A:

YES, I DID.

# 11 Q:

AND WAS THAT ON SEPTEMBER THE 15TH OF THIS YEAR?

# 12 A:

YES. THAT SOUNDS RIGHT.

# 13 Q:

AND DURING THAT CONVERSATION, DID YOU INFORM BOTH MISS CLARK AND MR. VANNATTER THAT YOU BELIEVED THE TIME CLOCK WAS OFF ONE HOUR BECAUSE OF DAYLIGHT SAVINGS TIME?

# 14 A:

WE WERE -- THERE WAS CONFUSION OVER WHETHER WE WERE TALKING ABOUT -- THERE'S A TIME ON THE NCR COMPUTER THAT WE DO OUR CHECKS WITH AND WHATNOT, AND THERE WAS CONFUSING -- WHETHER WE WERE DISCUSSING THE TIME ON THAT, WHICH IS ALWAYS OFF, OR WHETHER IT WAS THE TIME CLOCK.

# 15 Q:

HAVE YOU EVER SEEN A REPORT THAT WAS WRITTEN BY MR. VANNATTER REGARDING YOUR INTERVIEW WITH HIM?

# 16 A:

NO. UH -- NO.

# 17 Q:

DID YOU TELL MISS CLARK AND MR. VANNATTER THAT WHEN YOU LEFT, YOU DID NOT KNOW WHETHER RON GOLDMAN HAD LEFT OR NOT?

# 18 A:

NO. I WOULD BE SURPRISED IF I SAID THAT.

# 19 Q:

DID YOU SAY THAT YOU DID NOT KNOW IF RON GOLDMAN WAS STILL THERE WHEN YOU LEFT?

# 20 A:

NO. I WOULD BE SURPRISED IF I SAID THAT.

# 21 Q:

AND -- LET ME SHOW YOU A COPY OF THIS REPORT IF I MIGHT. DID YOU SEE MR. GOLDMAN SITTING WITH SOMEBODY AT THE TIME YOU LEFT THE RESTAURANT?

# 22 A:

AT THE TIME I LEFT, NO. EARLIER IN THE EVENING, HE WAS SITTING WITH JOHN DEBELLO AND RICHARD ARBOLINO, THE MANAGERS AT THE TIME.

# 23 Q:

SO YOU DID NOT TELL MR. VANNATTER THAT YOU REMEMBER SEEING RON GOLDMAN AFTER HE GOT OFF WORK SITTING AT ONE OF THE TABLES WITH JOHN DEBELLO AT APPROXIMATELY 9:30 P.M.?

# 24 A:

YES. AFTER RON GOT OFF WORK, YES. I THOUGHT YOU SAID AFTER I LEFT; AS I LEFT, I SAW HIM SITTING THERE. I DID NOT. BUT I SAW HIM SITTING THERE BEFORE HE LEFT. SO, YES.

KEY QUOTE

# 25 Q:

AND THE REPORT CONTINUES:

"SHE STATED SHE DID NOT SEE HIM LEAVE THE RESTAURANT."

# 26 A:

THAT'S CORRECT.

# 27 Q:

SO YOU DID NOT SEE RON LEAVE THE RESTAURANT?

# 28 A:

THAT'S CORRECT.

# 29 Q:

"AND SHE STATED THE TIME CLOCK WAS OFF SHE BELIEVED ONE HOUR BECAUSE OF DAYLIGHT SAVINGS TIME AND WOULD SUPPLY HER TIME CARD FOR JUNE 12TH." DID YOU SAY THAT?

KEY QUOTE

# 30 A:

I -- I -- YES, I DID. YEAH.

# 31 Q:

DO YOU KNOW IF THE NICOLE BROWN SIMPSON PARTY WAS SEATED IMMEDIATELY WHEN THEY CAME IN THE RESTAURANT?

# 32 A:

I THINK THAT THEY PROBABLY WERE BECAUSE THEY WERE LATE AND I DON'T REMEMBER ANYBODY MILLING AROUND BY THE BAR.

# 33 Q:

DO YOU HAVE ANY INDEPENDENT RECOLLECTION OF WHETHER THEY WERE SEATED IMMEDIATELY OR NOT?

# 34 A:

NO, I DON'T.

# 35 Q:

AND WOULD YOU AGREE THAT IN SERVING 10 PEOPLE, THAT YOU WERE THE ONLY WAIT PERSON DOING THAT JOB?

# 36 A:

YES.

# 37 Q:

AND DOES IT TAKE SOME TIME TO GET THE ORDERS FROM THE KIDS AND TO GET ORGANIZED FOR THAT LARGE A GROUP?

# 38 A:

CERTAINLY.

# 39 Q:

DO YOU HAVE ANY INDEPENDENT RECOLLECTION AS TO WHAT NICOLE BROWN SIMPSON HAD FOR DINNER THAT NIGHT?

# 40 A:

NO. NO.

# 41 Q:

DO YOU HAVE ANY WAY OF REFRESHING YOUR MEMORY AS TO WHAT SHE HAD FOR DINNER?

# 42 A:

ONLY DISCUSSIONS THAT HAPPENED AFTER THE EVENT.

# 43 Q:

DISCUSSIONS WITH WHO?

# 44 A:

PEOPLE IN THE RESTAURANT, EMPLOYEES, FELLOW EMPLOYEES.

# 45 Q:

AND DID THAT REFRESH YOUR MEMORY AS TO WHAT SHE HAD FOR DINNER?

# 46 A:

YES.

# 47 Q:

AND -- WELL, WHAT DID THEY TELL YOU?

# 48 A:

RIGATONI.

# 49 Q:

DO YOU RECALL WHETHER THERE WAS AN APPETIZER OR ANY STARTER?

# 50 A:

I DON'T. I RECALL THERE WAS ONE BOTTLE OF WINE ORDERED, I THINK IT WAS A BOTTLE OF CHIANTI, AND THAT'S THE ONLY SPECIFIC FOOD ITEM THAT I REMEMBER OR --

# 51 Q:

YOU ANTICIPATED MY NEXT QUESTION.

KEY QUOTE

# 52 A:

OH.

# 53 Q:

THANK YOU. I APPRECIATE THAT. DO YOU RECALL HOW LONG THE DINNER TOOK FOR THE 10 PEOPLE?

# 54 A:

I BELIEVE ABOUT AN HOUR AND A HALF.

# 55 Q:

SO YOUR ESTIMATE IS BY NO EARLIER THAN 8:30 AND POSSIBLY 9:00 O'CLOCK THE DINNER WAS COMPLETED AND THE PARTY LEFT?

KEY QUOTE

# 56 A:

YES.

# 57 Q:

AND IT WAS YOUR UNDERSTANDING THEY WERE GOING OUT FOR DESSERT?

# 58 A:

YES. THEY TOLD ME AS MUCH.

# 59 Q:

THANK YOU VERY MUCH. I APPRECIATE IT.

# 60 MR. SHAPIRO:

NOTHING FURTHER, YOUR HONOR.

Temperature

procedural

Key Quotes (4)

Tia Gavin

"AND SHE STATED THE TIME CLOCK WAS OFF SHE BELIEVED ONE HOUR BECAUSE OF DAYLIGHT SAVINGS TIME AND WOULD SUPPLY HER TIME CARD FOR JUNE 12TH." DID YOU SAY THAT? / I -- I -- YES, I DID. YEAH.

Gavin concedes the Vannatter report accurately reflects that she told investigators the time clock was off one hour — a detail relevant to the precise timeline of Ron Goldman's departure.

Tia Gavin

YES. AFTER RON GOT OFF WORK, YES. I THOUGHT YOU SAID AFTER I LEFT; AS I LEFT, I SAW HIM SITTING THERE. I DID NOT. BUT I SAW HIM SITTING THERE BEFORE HE LEFT. SO, YES.

Gavin clarifies she saw Goldman sitting with managers before she left, but did not see him at the moment of her departure — consistent with the Vannatter report, after initial apparent contradiction.

Tia Gavin

SO YOUR ESTIMATE IS BY NO EARLIER THAN 8:30 AND POSSIBLY 9:00 O'CLOCK THE DINNER WAS COMPLETED AND THE PARTY LEFT? / YES.

Establishes the defense-favorable timeline: Nicole's party left Mezzaluna no earlier than 8:30 PM, compressing the window before the murders.

Robert Shapiro

YOU ANTICIPATED MY NEXT QUESTION. / OH. / THANK YOU. I APPRECIATE THAT.

A rare light moment — Gavin volunteered the detail about the bottle of Chianti before Shapiro asked, prompting a brief exchange of levity.

Evidence (2)

Informal

Detective Vannatter's written report of his September 15 interview with Tia Gavin, covering the time clock discrepancy and Ron Goldman's whereabouts

discussed, used to refresh and confront witness

Informal

Tia Gavin's time card for June 12, 1994

referenced as something Gavin had agreed to supply to investigators

Notable Exchanges (2)

Robert Shapiro•Tia Gavin

Shapiro reads from the Vannatter report that the time clock was off one hour due to daylight savings. Gavin initially hedged about what she told investigators, but ultimately confirmed the report's accuracy.

strategic

Robert Shapiro•Tia Gavin

Shapiro asks whether she told Vannatter she didn't know if Goldman had left — Gavin pushes back twice ('I would be surprised if I said that'), then the fuller Vannatter quote clarifies she only said she didn't see him leave, which she confirms.

clarifying

Light Moments (1)

Robert Shapiro

Gavin volunteered the detail about the Chianti before Shapiro could ask; he responded warmly: 'You anticipated my next question... Thank you. I appreciate that.'

Credibility Attacks (1)

⚔ Tia Gavin

prior inconsistent statement / Vannatter report

Shapiro used Vannatter's written interview report to show that Gavin had told investigators the time clock was off one hour due to daylight savings — a fact she initially hedged on before confirming.

Objections

None recorded

Proceeding 4652 • 60 utterances • Prosecution witness

Criminal Trial

Department 103