Direct examination of Stewart Tanner

📄 Direct examination of Stewart Tanner — Tuesday, February 7, 1995

Address:

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

TRIAL

▲ Day 14 of 167

◀ Sidebar: discovery Cross-examination of Stewart Tanner ▶

Witness: Stuart Tanner
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 177

Marcia Clark examines Stewart Tanner, a Mezzaluna bartender who worked with Ron Goldman on the night of June 12, 1994. Tanner establishes the restaurant's geography, Goldman's work schedule and uniform, Nicole Brown's dinner party and approximate departure time, and his own loose plans to meet Goldman after work — plans Goldman never kept. Tanner last saw Goldman heading toward the front door around 9:45–9:50 PM, saying he'd 'talk to me later.'

# 1 THE COURT:

THANK YOU, COUNSEL. MISS CLARK, YOU MAY PROCEED.

# 2 MS. CLARK:

THANK YOU, YOUR HONOR.

# 3

DIRECT EXAMINATION

# 4

BY MS. CLARK:

# 5 Q:

MR. TANNER, CAN YOU TELL US HOW YOU WERE EMPLOYED AS OF JUNE THE 12TH, 1994?

# 6 A:

I WAS A BARTENDER.

# 7 Q:

AND WHERE WERE YOU A BARTENDER?

# 8 A:

MEZZALUNA.

# 9 Q:

DO YOU KNOW WHERE THE MEZZALUNA IS LOCATED?

# 10 A:

YES, I DO.

# 11 Q:

AND WHAT'S THE LOCATION?

# 12 A:

11750 SAN VICENTE.

# 13 Q:

CAN I ASK YOU TO TRY TO KEEP YOUR VOICE UP JUST A LITTLE BIT?

# 14 A:

I AM SORRY.

# 15 Q:

THERE YOU GO. TALK INTO IT LIKE A TELEPHONE.

# 16 A:

OKAY.

# 17 Q:

GIANT EXHIBITS. I'LL LET YOU USE THE POINTER. CAN YOU SHOW US ON THIS MAP THAT'S BEEN MARKED AS PEOPLE'S 26 WHAT'S THE LOCATION OF THE MEZZALUNA?

# 18 A:

RIGHT HERE (INDICATING).

# 19 Q:

WHERE THE YELLOW DOT IS?

# 20 A:

CORRECT.

# 21 Q:

THANK YOU.

# 22 MS. CLARK:

FOR THE RECORD, THE WITNESS HAS POINTED TO THE YELLOW DOT ON THAT EXHIBIT, YOUR HONOR.

# 23 THE COURT:

NOTED.

# 24 MS. CLARK:

THANK YOU.

# 25 Q:

BY MS. CLARK: AND HOW LONG HAD YOU BEEN WORKING AT THE MEZZALUNA AS OF JANUARY -- EXCUSE ME -- JUNE THE 12TH, 1994?

# 26 A:

I STARTED EMPLOYMENT THERE AS OF NOVEMBER OF '93.

# 27 Q:

AS OF JUNE OF 1994, WHAT WERE YOUR DUTIES THERE?

# 28 A:

I WAS HIRED AS A WAITER AND THEN MOVED INTO THE BARTENDING POSITION. SO AT THAT PARTICULAR POINT IN TIME, I WAS BARTENDING AND WAITING TABLES. ON THAT PARTICULAR EVENING, I WAS WORKING AS A BARTENDER.

# 29 Q:

AND SO WHEN DID YOU WORK AS A BARTENDER, WHAT NIGHTS?

# 30 A:

SATURDAY, SUNDAY AND MONDAY EVENINGS.

# 31 Q:

AND JUNE THE 12TH WAS A SUNDAY?

# 32 A:

SUNDAY EVENING.

# 33 Q:

SO YOU WERE WORKING AS A BARTENDER?

# 34 A:

CORRECT.

# 35 Q:

AT THE TIME -- AT SOME POINT, DID YOU BECOME ACQUAINTED WITH SOMEONE BY THE NAME OF RON GOLDMAN?

# 36 A:

YES, I DID.

# 37 Q:

AND HOW IS IT THAT YOU HAPPENED TO MEET HIM?

# 38 A:

HE WAS A COWORKER AT MEZZALUNA.

# 39 Q:

I'M GOING TO SHOW YOU A PHOTOGRAPH THAT'S BEEN MARKED AS PEOPLE'S 27.

# 40 THE COURT:

YES. 27.

# 41 Q:

PEOPLE'S 27. SIR, CAN YOU TELL US, DO YOU RECOGNIZE THAT PERSON?

# 42 A:

YES, I DO.

# 43 Q:

WHO IS THAT?

# 44 A:

THAT'S RON GOLDMAN.

# 45 Q:

AND WHEN WAS IT THAT YOU MET HIM, SIR?

# 46 A:

I BELIEVE HE STARTED HIS EMPLOYMENT AT ABOUT JANUARY OF '94.

# 47 Q:

NOW, WERE YOU ALSO ACQUAINTED WITH SOMEONE BY THE NAME OF NICOLE BROWN?

# 48 A:

YES.

# 49 Q:

AND WAS SHE A REGULAR CUSTOMER AT THE MEZZALUNA?

# 50 A:

YES, SHE WAS.

# 51 Q:

SHOWING YOU THE PHOTOGRAPH THAT'S BEEN MARKED AS PEOPLE'S 28, SIR, IF YOU CAN, CAN YOU TELL US, DO YOU RECOGNIZE THE PERSON SHOWN IN THAT PHOTOGRAPH?

# 52 A:

THAT IS NICOLE BROWN.

# 53 Q:

NOW, ON THE NIGHT OF JUNE THE 12TH, DO YOU RECALL WHETHER OR NOT YOU SAW RON GOLDMAN AT THE MEZZALUNA RESTAURANT?

# 54 A:

YES, I DID.

# 55 Q:

AND WHAT WAS HE DOING THERE?

# 56 A:

HE WAS WORKING.

# 57 Q:

AS A WAITER?

# 58 A:

AS A WAITER.

# 59 Q:

DID YOU ALSO SEE NICOLE BROWN THAT NIGHT?

# 60 A:

YES, I SAW HER.

# 61 Q:

AND DID SHE COME INTO THE MEZZALUNA ALONE?

# 62 A:

NO. SHE WAS WITH A PARTY OF ABOUT 10 PEOPLE.

# 63 Q:

AND DO YOU RECALL WHAT TIME SHE GOT THERE APPROXIMATELY?

# 64 A:

6:30ISH.

# 65 Q:

DID YOU RECOGNIZE SOME OF THE PEOPLE THAT WERE WITH HER IN THAT BIG PARTY?

# 66 A:

YEAH. UMM, SHE WAS WITH -- A FEW OF HER SISTERS WERE THERE, HER MOM AND I BELIEVE HER CHILDREN WERE WITH HER AS WELL.

# 67 Q:

DID YOU MAKE SOME PLANS WITH RON GOLDMAN FOR LATER ON THAT EVENING?

# 68 A:

YES, I DID.

# 69 Q:

WHAT WERE THOSE PLANS?

# 70 A:

UH, WE WERE GOING TO GET TOGETHER AFTER WORK AND MEET AT A BAR IN MARINA DEL REY.

# 71 Q:

CAN YOU TELL US, SIR, IN RELATIONSHIP TO THE MEZZALUNA AND 875 SOUTH BUNDY AND THE RESTAURANT YOU WERE GOING TO MEET HIM AT THAT NIGHT, IS 875 SOUTH BUNDY -- WOULD THAT BE ON HIS WAY TO THAT RESTAURANT?

# 72 A:

YES.

# 73 Q:

AND THAT RESTAURANT WAS WHERE?

# 74 A:

IT WAS IN MARINA DEL REY NEAR THE END OF WASHINGTON GOING WEST.

# 75 Q:

SO IF HE WAS GOING TO GO FROM -- WERE YOU FAMILIAR WITH WHERE HE LIVED?

# 76 A:

GENERAL VICINITY. NOT THE EXACT LOCATION.

# 77 Q:

VERY CLOSE TO MEZZALUNA, WAS IT?

# 78 A:

WITHIN WALKING DISTANCE.

# 79 Q:

IF HE WERE TO GO FROM HIS HOUSE TO THE RESTAURANT WHERE HE WAS SUPPOSED TO MEET YOU --

# 80 A:

UH-HUH.

# 81 Q:

-- WOULD HE PASS BY 875 SOUTH BUNDY?

# 82 A:

HE VERY WELL COULD, YES. THAT WOULD BE ON THE WAY.

# 83 Q:

AND HOW DID YOU PLAN TO GET TOGETHER THAT NIGHT?

# 84 A:

IT WASN'T A DEFINITE PLAN. BASICALLY, RON GOT OFF WORK BEFORE I DID AND UH, HE WAS EITHER GOING TO CALL ME LATER OR I WAS GOING TO CALL HIM.

# 85 Q:

SO RON GOT OFF WORK BEFORE YOU DID?

# 86 A:

YES.

# 87 Q:

DID YOU HAPPEN TO NOTICE WHETHER NICOLE BROWN LEFT THE RESTAURANT?

# 88 A:

YES.

# 89 Q:

DID SHE LEAVE BEFORE RON DID?

# 90 A:

YES, SHE DID.

# 91 Q:

DO YOU RECALL APPROXIMATELY WHAT TIME SHE LEFT?

# 92 A:

SOMEWHERE IN THE VICINITY OF 8:30 GIVE OR TAKE.

KEY QUOTE

# 93 Q:

NOW, HOW WAS RON DRESSED WHEN HE WAS WORKING IN THE RESTAURANT?

# 94 A:

THE STANDARD UNIFORM IS BLACK PANTS, A WHITE SHIRT, A VEST AND A TIE.

# 95 Q:

AND WAS HE WEARING IT THAT NIGHT?

# 96 A:

YES, HE WAS.

# 97 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 98 THE COURT:

CERTAINLY.

# 99 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 100 MS. CLARK:

YOUR HONOR, I HAVE A BAG CONTAINING SOME CLOTHING. I WOULD ASK THAT THE BAG AND ITS CONTENTS BE MARKED AS PEOPLE'S 29.

# 101 THE COURT:

30 I BELIEVE.

# 102 MS. CLARK:

30.

# 103 THE COURT:

30? PEOPLE'S 30, THE BAG AND CONTENTS.

# 104 (PEO'S 30 FOR ID = BAG AND CONTENTS/RG'S UNIFORM)

# 105 MS. CLARK:

THANK YOU, YOUR HONOR.

# 106 Q:

BY MS. CLARK: SHOWING YOU PEOPLE'S 30 SIR, FIRST I'M GOING TO REMOVE A SHIRT, APPEARS TO BE A WHITE DRESS SHIRT AND A PAIR OF BLACK DRESS SLACKS. CAN YOU TELL US IF YOU RECOGNIZE THIS CLOTHING?

# 107 A:

THAT WOULD BE OUR STANDARD ATTIRE, CORRECT.

# 108 Q:

WAITER'S UNIFORM THAT YOU DESCRIBED?

# 109 A:

YES.

# 110 Q:

MINUS THE TIE AND THE VEST?

# 111 A:

CORRECT.

# 112 Q:

DOES THIS APPEAR TO BE THE CLOTHING THAT RON WAS WEARING THAT NIGHT WHEN HE LEFT THE RESTAURANT?

# 113 A:

THEY APPEAR TO BE.

# 114 Q:

RATHER, WHEN HE WAS WORKING AT THE RESTAURANT?

# 115 A:

YEAH.

# 116 Q:

APPROXIMATELY WHAT TIME WAS IT WHEN YOU LAST SAW RON IN THE RESTAURANT?

# 117 A:

THE -- I THINK HE LEFT SOMEWHERE IN THE NEIGHBORHOOD OF BEFORE 10:00 O'CLOCK, 10 MINUTES TO 10:00, SOMEWHERE IN THAT NEIGHBORHOOD. I DIDN'T NEVER SEE HIM -- PARDON ME. I NEVER DID SEE HIM LEAVE THE BUILDING. RON HAD WALKED PAST ME GOING TOWARDS THE FRONT DOOR OF THE RESTAURANT AND SAYING THAT HE WOULD TALK TO ME LATER, BUT I NEVER SAW HIM EXIT OUT THAT FRONT DOOR. I NEVER SAW HIM EXIT OUT THE BACK DOOR EITHER.

# 118 Q:

SO THE LAST TIME YOU SAW HIM, HE WAS GOING TOWARDS THE FRONT DOOR AREA, BUT YOU DID NOT SEE HIM LEAVE?

# 119 A:

RIGHT.

# 120 Q:

AND THAT WAS AT APPROXIMATELY WHAT TIME?

# 121 A:

QUARTER TO 10:00 ROUGHLY, QUARTER TO 10:00, 10 MINUTES TO 10:00, SOMEWHERE IN THAT --

# 122 Q:

OKAY. AND WHAT WAS THE LAST THING HE SAID TO YOU?

# 123 A:

HE SAID HE WOULD TALK TO ME LATER.

# 124 Q:

WHAT TIME DID YOU GET HOME, SIR?

# 125 A:

11:30ISH.

# 126 Q:

DID YOU HEAR FROM RON?

# 127 A:

NO, I DID NOT.

# 128 Q:

DID YOU EVER HEAR FROM HIM AGAIN?

# 129 A:

NO, I DID NOT.

# 130 Q:

DID YOU ATTEMPT TO MAKE CONTACT WITH HIM?

# 131 A:

THE FOLLOWING MORNING, WE WERE SUPPOSED TO WORK TOGETHER, AND I PAGED HIM BECAUSE HE WAS NEVER LATE FOR WORK. AND SO I PAGED HIM SHORTLY AFTER 10:30. ON MONDAYS, WE USUALLY GOT TOGETHER A LITTLE EARLIER FOR COFFEE, BUT HE WASN'T -- HE DIDN'T SHOW.

KEY QUOTE

# 132 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 133 Q:

BY MS. CLARK: I ASK YOU TO LOOK AT YOUR MONITOR, MR. TANNER, AND TELL US WHETHER YOU RECOGNIZE WHAT IS DEPICTED AS ITEM 101, PHOTO NUMBER 101 IN THIS PHOTOGRAPH.

# 134 A:

IT'S A BEEPER.

# 135 THE COURT:

AND DO WE HAVE A PEOPLE'S EXHIBIT NUMBER ON THIS?

# 136 MS. CLARK:

WE HAD A DISCOVERY NUMBER THAT WE WERE USING PREVIOUSLY TO IDENTIFY IT FOR THE OPENING STATEMENT, BUT FOR NOW, PERHAPS WE OUGHT TO JUST MARK IT AS PEOPLE'S 31.

# 137 THE COURT:

ALL RIGHT. PEOPLE'S 31.

# 138 (PEO'S 31 FOR ID = PHOTO OF RG'S BEEPER)

# 139 Q:

BY MS. CLARK: AND I AM SORRY. DID YOU -- DOES THAT APPEAR -- DID YOU EVER SEE THE BEEPER THAT WAS OWNED BY RON GOLDMAN?

# 140 A:

IT'S JUST YOUR STANDARD BLACK BEEPER THAT WHEN YOU LOOKED AT THE DIGITAL PRINTOUT, IT JUST GAVE YOU A --

# 141 MS. CLARK:

YOUR HONOR, I HAVE HERE A BOX HERE WHICH IS PRESENTLY SEALED AND ASK THAT IT BE UNSEALED ON THE RECORD.

# 142 THE COURT:

ALL RIGHT. DO YOU WANT TO DESCRIBE FOR THE RECORD WHAT YOU'RE DOING, MISS CLARK?

# 143 MS. CLARK:

YES, YOUR HONOR. ACTUALLY, I THINK I NEED TO -- CAN I BORROW -- THANK YOU, YOUR HONOR.

# 144 (BRIEF PAUSE.)

# 145 MS. CLARK:

FOR THE RECORD, I AM CUTTING THROUGH SCOTCH TAPE AND THE LOS ANGELES POLICE DEPARTMENT SEAL.

# 146 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 147 MS. CLARK:

THANK YOU, YOUR HONOR.

# 148 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 149 MS. CLARK:

YOUR HONOR, FOR THE RECORD, I'VE REMOVED FROM THIS BOX, WHICH CONTAINS OTHER ITEMS, A SMALL MANILA ENVELOPE MARKED WITH THE DR NUMBER PERTAINING TO THIS CASE ITEM NO. 36, PHOTO ID NO. 101.

# 150 THE COURT:

NOTED.

# 151 MS. CLARK:

REMOVING FROM THIS PACKAGE WHAT APPEARS TO BE A BEEPER THAT NOW HAS PRINT DUST ON IT COUNSEL AND I ARE FAMILIAR WITH. I'M GOING TO SHOW IT TO THE WITNESS IF I MAY.

# 152 THE COURT:

ALL RIGHT.

# 153 MS. CLARK:

AND PEOPLE'S 32.

# 154 THE COURT:

DO YOU WANT TO MAKE THAT 31-A SO IT CORRESPONDS TO THE PHOTOGRAPH?

# 155 MS. CLARK:

YES, THANK YOU, YOUR HONOR.

# 156 THE COURT:

ALL RIGHT. 31A WILL BE WHAT APPEARS TO BE A WHAT, MOTOROLA BRAVO PAGER?

# 157 MS. CLARK:

MOTOROLA, YES, THANK YOU.

# 158 THE COURT:

BRAVO.

# 159 (PEO'S 31-A FOR ID = MOTOROLA BRAVO PAGER)

# 160 STUART TANNER:

YEAH, THAT LOOKS LIKE HIS BEEPER.

# 161 Q:

BY MS. CLARK: AND YOU SEE -- THE AREA, SCREEN FOR THE DIGITAL PRINTOUT, YOU SEE THAT?

# 162 A:

CORRECT.

# 163 Q:

CAN YOU DESCRIBE THE -- YOU SAID THAT THERE'S AN ENTRANCE ONTO SAN VICENTE?

# 164 A:

YES.

# 165 Q:

IS THERE A PUBLIC ENTRANCE ALSO THAT LEADS OUT TO GORHAM?

# 166 A:

THERE IS, BUT IT'S NOT OFTEN USED FOR -- THAT'S THE ENTRANCE TO OUR PATIO FOR PATIO DINING, AND THERE IS A SHORT GREEN WROUGHT IRON FENCE THAT ENCOMPASSES THE PATIO UP TO THE BUILDING UH, AND THERE'S A GATE THAT YOU CAN WALK OUT OF ONTO SAN VICENTE. IF YOU WERE TO GO ONTO GORHAM, YOU WOULD HAVE TO STEP OVER THAT FENCE.

# 167 Q:

AND SO WOULD YOU -- IN ORDER TO EXIT ONTO GORHAM, WOULD YOU HAVE TO WALK THROUGH THE PATIO AND STEP OVER THAT GATE, THAT FENCE I MEAN?

# 168 A:

YOU WOULD HAVE TO STEP OVER THE FENCE, YES. YOU WOULD HAVE TO WALK OUT THAT DOOR AND STEP OVER THAT FENCE.

# 169 Q:

AND OTHERWISE, IF YOU WENT OUT EITHER THE FRONT DOOR OR OUT THROUGH THE PATIO AND OUT THAT GATE, YOU WOULD GO ONTO SAN VICENTE?

# 170 A:

CORRECT.

# 171 Q:

AND THAT -- ARE YOU FAMILIAR WITH HOW -- APPROXIMATELY HOW FAR 875 SOUTH BUNDY IS FROM THE MEZZALUNA?

# 172 A:

YES.

# 173 Q:

AND HOW FAR IS IT?

# 174 A:

TWO BLOCKS DOWN GORHAM, AND GORHAM RUNS INTO BUNDY AND BUNDY MAKES -- UH, WOULD GO LEFT ONTO BUNDY ABOUT A BLOCK.

KEY QUOTE

# 175 Q:

ABOUT HOW LONG WOULD IT TAKE YOU TO WALK FROM MEZZALUNA TO 875 SOUTH BUNDY?

# 176 A:

FIVE MINUTES.

# 177 Q:

THANK YOU.

Temperature

procedural

Key Quotes (4)

Stewart Tanner

RON HAD WALKED PAST ME GOING TOWARDS THE FRONT DOOR OF THE RESTAURANT AND SAYING THAT HE WOULD TALK TO ME LATER, BUT I NEVER SAW HIM EXIT OUT THAT FRONT DOOR. I NEVER SAW HIM EXIT OUT THE BACK DOOR EITHER.

Last confirmed sighting of Ron Goldman alive, establishing approximate time of departure from Mezzaluna.

Stewart Tanner

THE FOLLOWING MORNING, WE WERE SUPPOSED TO WORK TOGETHER, AND I PAGED HIM BECAUSE HE WAS NEVER LATE FOR WORK.

Humanizes Goldman and underscores the alarm Tanner felt — Goldman's reliability made his absence immediately notable.

Stewart Tanner

TWO BLOCKS DOWN GORHAM, AND GORHAM RUNS INTO BUNDY AND BUNDY MAKES -- UH, WOULD GO LEFT ONTO BUNDY ABOUT A BLOCK.

Establishes the physical route from Mezzaluna to 875 South Bundy — approximately a 5-minute walk — supporting the prosecution's timeline.

Stewart Tanner

SOMEWHERE IN THE VICINITY OF 8:30 GIVE OR TAKE.

Pins Nicole Brown's departure from the restaurant, helping establish the timeline before the murders.

Evidence (6)

People's 26

Map of the Brentwood area showing the location of Mezzaluna restaurant

introduced, witness pointed to yellow dot marking restaurant location

People's 27

Photograph of Ron Goldman

introduced, witness identified

People's 28

Photograph of Nicole Brown

introduced, witness identified

People's 30

Bag containing Ron Goldman's Mezzaluna waiter uniform — white dress shirt and black dress slacks

introduced, witness identified as standard attire consistent with what Goldman wore that night

People's 31

Photograph of Ron Goldman's beeper (discovery item 101)

introduced, witness identified as consistent with Goldman's beeper

People's 31-A

Actual Motorola Bravo pager belonging to Ron Goldman, retrieved from LAPD evidence box (item no. 36), bearing fingerprint dust

unsealed on the record, introduced, witness identified as Goldman's beeper

Notable Exchanges (2)

Marcia Clark•Lance A. Ito

Clark attempts to mark the pager as People's 32 but Ito suggests 31-A to link it to the photograph already marked 31. Ito also identifies it as a 'Motorola Bravo' pager by name.

procedural, collegial

Marcia Clark•Lance A. Ito

Clark narrates on the record the unsealing of the LAPD evidence box, cutting through scotch tape and the LAPD seal, to maintain chain-of-custody transparency.

procedural

Objections

None recorded

Proceeding 4657 • 177 utterances • Prosecution witness

Criminal Trial

Department 103