Direct examination of Tia Gavin (afternoon)

📄 Direct examination of Tia Gavin (afternoon) — Tuesday, February 7, 1995

Address:

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

TRIAL

▲ Day 14 of 167

Witness: Tia Gavin
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 107

Tia Gavin, a server at Mezzaluna restaurant, was recalled and resworn to testify about restaurant records from Nicole Brown's dinner party on the evening of June 12, 1994. Clark walked her through the NCR check (People's 33), the credit card receipt (People's 34), and Gavin's own time card (People's 28), establishing that the NCR machine's timestamps were inaccurate while her time card was reliable.

# 1 THE COURT:

ALL RIGHT. MISS GAVIN, WOULD YOU APPROACH THE WITNESS STAND AGAIN, PLEASE.

# 2 THE COURT:

MISS GAVIN, WE RELEASED YOU AS A WITNESS, SO I HAVE TO HAVE YOU RESWORN.

TIA GAVIN, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 3 THE CLERK:

PLEASE RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

# 4 TIA GAVIN:

YES, I DO.

# 5 THE CLERK:

PLEASE BE SEATED ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 6 TIA GAVIN:

TIA, T-I-A, GAVIN, G-A-V-I-N.

# 7 THE CLERK:

THANK YOU.

# 8 THE COURT:

MISS CLARK.

# 9 MS. CLARK:

THANK YOU, YOUR HONOR.

# 10

DIRECT EXAMINATION

# 11

BY MS. CLARK:

# 12 Q:

SHOWING WHAT YOU HAS BEEN MARKED AS PEOPLE'S 33, DO YOU RECOGNIZE WHAT I'M SHOWING YOU?

# 13 A:

IT IS A CHECK FROM MY RESTAURANT.

# 14 Q:

OKAY. AND REMEMBER WE TALKED ABOUT THE NCR OR DID WE TALK TO YOU ABOUT THAT?

# 15 A:

YES.

# 16 Q:

OKAY. AND IS THAT A MACHINE WHERE YOU SAID YOU PUNCHED IN THE ORDER?

# 17 A:

YES.

# 18 Q:

AND IT WOULD TOTAL UP?

# 19 A:

YES.

# 20 Q:

AND DO YOU RECOGNIZE THAT PARTICULAR ONE?

# 21 A:

IT LOOKS -- IT LOOKS LIKE IT WOULD BE RIGHT FOR THAT TABLE, FOR THE BROWN'S TABLE. I MEAN, I -- I DON'T REMEMBER EVER HAVING SEEN THE CHECK SINCE THAT EVENING, SO I WOULDN'T REMEMBER EXACTLY, BUT IT CERTAINLY LOOKS VERY APPROPRIATE FOR TEN PEOPLE, AND IT HAS GOT THE BOLOGNESE THAT I MENTIONED BEFORE, SO IT LOOKS RIGHT.

KEY QUOTE

# 22 Q:

SO THAT APPEARS TO BE THE PIECE OF PAPER THAT NCR PRINTS OUT FOR THE NIGHT OF 12TH WHEN YOU SERVED NICOLE BROWN AT HER PARTY?

# 23 A:

YES, AND IT IS THE RIGHT TABLE NUMBER AS WELL, I JUST NOTICED, YES.

# 24 Q:

YOU ARE PRETTY SURE THAT'S THE ONE?

# 25 A:

YEAH.

# 26 Q:

DO YOU SEE YOUR NAME ON IT, TOO?

# 27 A:

YES.

# 28 Q:

INDICATING THAT YOU WERE THE SERVER?

# 29 A:

YES.

# 30 Q:

DOES THAT ACCURATELY INDICATE THE FOOD THAT WAS SERVED TO THAT PARTY?

# 31 A:

IT WOULD, YES.

# 32 Q:

YOU JUST TOLD US THAT THE NUMBER OF THE PEOPLE NUMBERED TEN?

# 33 A:

YES.

# 34 Q:

BUT IT SHOWS THERE THAT THE NUMBER OF GUESTS IS NINE. CAN YOU EXPLAIN TO US WHY?

# 35 A:

OFTEN WHEN WE HAVE -- WHEN WE WAIT ON CHILDREN, SINCE THEY DON'T ORDER FULL ORDERS OF FOOD, WE WILL COUNT TWO LITTLE CHILDREN AS ONE ADULT.

# 36 Q:

OKAY. NOW, HAVE I EVER SHOWN YOU THIS PIECE OF PAPER BEFORE?

# 37 A:

NO.

# 38 Q:

HAVE WE EVER DISCUSSED THIS PIECE OF PAPER BEFORE?

# 39 A:

NO.

# 40 Q:

RIGHT NOW IS THE FIRST TIME?

# 41 A:

YES.

# 42 Q:

BY THE WAY, DO YOU HAPPEN TO KNOW WHETHER OR NOT THE TIME AND DATE STAMP BY THAT NCR MACHINE ON THAT PIECE OF PAPER IS ACCURATE OR NOT?

# 43 A:

IT SAYS, "JUNE 13, '94, 7:04 A.M.," SO IT COULDN'T BE CORRECT. IT SAYS "A.M."

KEY QUOTE

# 44 Q:

AND THE DATE THAT YOU SERVED NICOLE BROWN AND HER PARTY, THE ONLY TIME YOU EVER SERVED THEM, THAT WAS JUNE THE 12TH, WASN'T IT?

# 45 A:

THAT'S CORRECT.

# 46 Q:

SO BOTH THE DATE AND THE TIME ARE WRONG ON THAT?

# 47 A:

YES.

# 48 Q:

NOW, WHEN YOU CLOSE OUT THE BILL, IN OTHER WORDS, WHEN YOU TOTAL IT UP --

# 49 A:

UH-HUH.

# 50 Q:

-- DOES IT STAMP AGAIN?

# 51 A:

YES.

# 52 Q:

CAN YOU TURN IT OVER.

# 53 A:

UH-HUH.

# 54 Q:

DO YOU SEE AT THE TOP OF THAT BILL?

# 55 A:

UH-HUH.

# 56 MS. CLARK:

I THINK I'M GOING TO PUT IT ON THE MONITOR SO EVERYBODY CAN FOLLOW ALONG WHAT YOU ARE SAYING, IF YOU DON'T MIND. YOU WILL BE ABLE TO SEE IT ON THE MONITOR RIGHT BY YOU.

# 57 (BRIEF PAUSE.)

# 58 Q:

BY MS. CLARK: OKAY. DO YOU SEE AT THE TOP OF THAT DOCUMENT WHERE IT SAYS, "JUNE 13, 8:18 A.M."?

# 59 A:

YES.

# 60 Q:

OKAY. AND YOU INDICATED BEFORE THAT IS NOT ACCURATE? YOU DID NOT COMPLETE SERVING THEM DINNER AT 8:18 A.M.?

# 61 A:

NO.

# 62 Q:

OKAY. BUT THAT TIME DATE TO YOU, THAT IS WHEN YOU RANG UP THE TOTAL?

# 63 A:

UP HERE WHERE IT SAYS "CASH" AT THE VERY TOP, I BELIEVE THAT WOULD BE THE TIME THAT THE CASH WAS CASHED OUT, WHICH WOULD BE AFTER IT WOULD BE PAID IF THE TIME WERE CORRECT, BUT WHEN THE TIME PRINTS UP THERE, IF THE TIME WERE CORRECT, IT WOULD BE PRINTING UP THE TIME THAT I WAS CASHING OUT THE BILL WHICH WOULD MEAN THAT THE BILL WAS PAID AND THEY PRESUMABLY LEFT.

# 64 Q:

THEY MAY NOT HAVE LEFT RIGHT AWAY?

# 65 A:

THEY JUST PAID THEIR BILL AND I CLOSED IT OUT.

# 66 Q:

THE FACT THAT YOU HAVE CASH UP THERE, DOES THAT MEAN THAT THEY PAID YOU IN CASH?

# 67 A:

NO. WE CLOSE OUT ALL THE CHECKS TO CASH.

# 68 Q:

I'M SHOWING YOU WHAT HAS BEEN MARKED AS PEOPLE'S -- I'M GOING TO PUT IT ON THE MONITOR. IT IS EASIER -- PEOPLE'S 34. DO YOU RECOGNIZE THAT?

# 69 A:

YES, I DO. IT IS A CREDIT CARD RECEIPT FROM OUR RESTAURANT.

# 70 Q:

DO YOU SEE THE AMOUNT OF 179.95?

# 71 A:

YES.

# 72 Q:

THAT WAS THE SAME AMOUNT ON PEOPLE'S 33 THAT YOU JUST SAW?

# 73 A:

YES, IT WAS.

# 74 Q:

SO DOES REFLECT THE METHOD OF ACTUAL PAYMENT FOR THE BILL BY NICOLE BROWN?

# 75 A:

YES, IT WOULD.

# 76 Q:

WHAT WAS THE METHOD OF PAYMENT?

# 77 A:

CREDIT CARD AND AMERICAN EXPRESS.

# 78 Q:

AND THE SIGNATURE APPEARS TO BE THAT OF NICOLE BROWN?

# 79 A:

IT SAYS "NICOLE BROWN," YES.

# 80 Q:

IS IT YOUR HABIT AND CUSTOM TO GIVE THIS RECEIPT TO THE CUSTOMER, HAVE THEM FILL IN THE GRATUITY AND HAVE -- AND TOTAL IT AND THEN SIGN IT?

# 81 A:

YES.

# 82 MS. CLARK:

PUSH IT DOWN.

# 83 Q:

DO YOU SEE THE TIME STAMP THERE, 7:12 P.M.?

# 84 A:

YES.

# 85 Q:

IS THAT IN FACT WHEN NICOLE AND HER PARTY LEFT OR PAID?

# 86 A:

NO, THEY COULDN'T HAVE. THEY ARRIVED AT 6:45'ISH, SO --

# 87 Q:

SO THIS TIME IS ALSO INACCURATE?

# 88 A:

YES.

# 89 Q:

NOW, YOU EARLIER INDICATED, WITH RESPECT TO YOUR TIME CARD MARKED PREVIOUSLY AS PEOPLE'S 26 -- 36? HER TIME CARD? NO, THAT IS WRONG.

# 90 THE CLERK:

28.

# 91 MS. CLARK:

28. THANKS, DEIRDRA.

# 92 Q:

YOU INDICATED THAT -- THIS IS YOUR TIME CARD, MA'AM?

# 93 A:

YES.

# 94 Q:

YOU INDICATED EARLIER THAT YOU CLOCKED IN ON SUNDAY, JUNE THE 12TH, AT 5:02 AND CLOCKED OUT AT 9:58?

# 95 A:

UH-HUH.

# 96 Q:

IS THAT TIME CLOCK ACCURATE?

# 97 A:

YES, IT IS.

# 98 Q:

AND THOSE TIMES REFLECTED ON YOUR TIME CARD ARE ACCURATE?

# 99 A:

YES, AND UMM -- YEAH. WE CAME IN AT 4:30 -- THE WAITERS WERE STAGGERED. YOU ARE SCHEDULED AT 4:30, 5:00 AND 5:30, SO BESIDES THE FACT THAT THIS IS THE WAY MY MEMORY IS, THAT IS THE WAY WE WERE SCHEDULED.

# 100 Q:

AND SO YOU KNOW THAT IT IS ACCURATE?

# 101 A:

YES, BECAUSE I WAS SCHEDULED TO ARRIVE THEN SO --

KEY QUOTE

# 102 MS. CLARK:

THANK YOU VERY MUCH. I WOULD ASK AT THIS TIME, YOUR HONOR, IF I MAY, SUBSTITUTE THIS ORIGINAL TIME CARD FOR THE XEROXED COPY I PREVIOUSLY USED. I HAVE BEEN GIVEN PERMISSION. MEZZALUNA WILL RELEASE THESE FOR A COURT EXHIBIT.

# 103 THE COURT:

ALL RIGHT.

# 104 MR. COCHRAN:

NO OBJECTION.

# 105 THE COURT:

SO ORDERED. THANK YOU, COUNSEL.

# 106 (PEO'S 28 FOR ID = ORIGINAL TIME CARD/SUBSTUTD)

# 107 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (3)

Tia Gavin

IT SAYS, "JUNE 13, '94, 7:04 A.M.," SO IT COULDN'T BE CORRECT. IT SAYS "A.M."

Gavin herself flags the NCR timestamp as obviously wrong, preemptively defusing any defense attempt to use the restaurant's own records to challenge the timeline.

Tia Gavin

IT LOOKS -- IT LOOKS LIKE IT WOULD BE RIGHT FOR THAT TABLE, FOR THE BROWN'S TABLE. I MEAN, I -- I DON'T REMEMBER EVER HAVING SEEN THE CHECK SINCE THAT EVENING, SO I WOULDN'T REMEMBER EXACTLY, BUT IT CERTAINLY LOOKS VERY APPROPRIATE FOR TEN PEOPLE, AND IT HAS GOT THE BOLOGNESE THAT I MENTIONED BEFORE, SO IT LOOKS RIGHT.

Gavin authenticates the check through detail recall rather than direct memory, showing the prosecution building careful, incremental foundation for the exhibit.

Tia Gavin

YES, BECAUSE I WAS SCHEDULED TO ARRIVE THEN SO --

She corroborates her time card's accuracy with independent knowledge of the staffing schedule, strengthening the reliability of her clock-in/clock-out times for the timeline.

Evidence (3)

People's 33

NCR-printed restaurant check from Mezzaluna for Nicole Brown's table of ten (counted as nine), showing food items including bolognese, totaling $179.95; timestamps on the check were inaccurate

introduced and authenticated

People's 34

American Express credit card receipt signed by Nicole Brown for $179.95, with a 7:12 PM timestamp also deemed inaccurate

introduced and authenticated

People's 28

Tia Gavin's Mezzaluna time card showing clock-in at 5:02 PM and clock-out at 9:58 PM on June 12, 1994; original substituted for previously used Xerox copy

original substituted for Xerox copy with defense consent

Notable Exchanges (1)

Marcia Clark•Tia Gavin

Clark carefully distinguished the inaccurate NCR machine timestamps (showing wrong date and AM times) from the accurate time card, establishing a reliable timeline anchor despite the restaurant's own electronic records being unreliable.

strategic

Witness Demeanor

(BRIEF PAUSE.)

Objections

None recorded

Proceeding 4695 • 107 utterances • Prosecution witness

Criminal Trial

Department 103