Direct examination of Tia Gavin (morning)

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

Address:

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

TRIAL

▲ Day 14 of 167

◀ Jury seating Cross-examination of Tia Gavin ▶

Witness: Tia Gavin
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 209

Tia Gavin, a waitress at Mezzaluna restaurant, testified about the evening of June 12, 1994. She established that she and Ron Goldman both worked that night, that Nicole Brown Simpson's party of ten dined at the restaurant from roughly 6:45–8:45 PM, and that Goldman was the first server to punch out — at least a half hour before Gavin's 9:58 PM departure. She also provided geographic context: the Mezzaluna is under a 10-minute walk from 875 South Bundy.

# 1

DIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

ARE YOU COMFORTABLE?

# 4 A:

YES, THANKS.

# 5 Q:

MISS GAVIN, DIRECTING YOUR ATTENTION TO JUNE 12, 1994, AS OF THAT DATE, WHERE WERE YOU EMPLOYED?

# 6 A:

AT THE MEZZALUNA RESTAURANT.

# 7 Q:

AND WHERE IS THAT LOCATED?

# 8 A:

11750 SAN VICENTE BOULEVARD.

# 9 MS. CLARK:

YOUR HONOR, I HAVE HERE A MAP OF THE AREA THAT I HAVE SHOWN TO COUNSEL, I WOULD ASK BE MARKED PEOPLE'S NEXT IN ORDER.

# 10 THE CLERK:

26.

# 11 THE COURT:

PEOPLE'S 26.

# 12 MS. CLARK:

THANK YOU.

# 13 (PEO'S 26 FOR ID = MAP OF AREA OF MEZZALUNA)

# 14 Q:

BY MS. CLARK: AND SHOWING YOU THIS MAP, IF YOU WOULD LOOK AT IT FOR A MINUTE COMFORTABLY.

# 15 A:

WANT ME TO POINT OUT THE RESTAURANT?

# 16 Q:

JUST A MINUTE. SO THE JURY CAN SEE IT.

# 17 MS. CLARK:

CAN EVERYBODY SEE IT? NO. BETTER?

# 18 Q:

BY MS. CLARK: IF YOU COULD USE THE POINTER AND STEP DOWN.

# 19 A:

IT'S RIGHT HERE WHERE THE YELLOW DOT IS (INDICATING).

# 20 Q:

THAT'S THE MEZZALUNA?

# 21 A:

YES, IT IS.

# 22 Q:

ALL RIGHT. NOW, AS OF JUNE THE 12TH, 1994, CAN YOU TELL US WHERE APPROXIMATELY YOU WERE LIVING IN RELATION TO THE MEZZALUNA?

# 23 A:

NORTH -- NORTHEAST ON GORHAM AVENUE.

# 24 Q:

CAN YOU POINT TO THAT LOCATION ROUGHLY, JUST GIVE US AN ESTIMATE?

# 25 A:

UP AROUND THIS AREA (INDICATING).

# 26 Q:

UP ABOVE WHERE THE MAP ENDS?

# 27 A:

YES.

# 28 Q:

DO YOU HAPPEN TO KNOW SOMEONE -- DID YOU KNOW BACK THEN SOMEONE BY THE NAME OF RON GOLDMAN?

# 29 A:

YES.

# 30 Q:

AND DID YOU KNOW WHERE HE LIVED?

# 31 A:

YES.

# 32 Q:

CAN YOU SHOW US ON THIS MAP WHERE THAT WAS?

# 33 A:

ON THE SAME BLOCK RIGHT OVER HERE (INDICATING).

# 34 Q:

APPROXIMATELY WHERE THAT BROWN HOUSE IS?

# 35 A:

YES.

# 36 Q:

AND COULD YOU POINT TO THAT BROWN HOUSE FOR THE JURY?

# 37 A:

(WITNESS COMPLIES).

# 38 Q:

AND THAT'S THE SAME AS SHOWN IN THE ICON THERE, RON GOLDMAN?

# 39 A:

YES, IT IS.

# 40 Q:

ALL RIGHT. YOU CAN HAVE A SEAT. THANK YOU. NOW, FROM WHERE YOU WERE LIVING AT THAT TIME, HOW LONG WOULD IT TAKE YOU TO WALK TO THE MEZZALUNA?

# 41 A:

TWO MINUTES.

# 42 Q:

AND THEN RON GOLDMAN, DID HE LIVE CLOSER TO THE MEZZALUNA THAN YOU?

# 43 A:

YES, HE DID.

# 44 Q:

AND SO HOW MUCH CLOSER WAS IT?

# 45 A:

ABOUT A HALF A BLOCK CLOSER, PROBABLY TAKE HIM UNDER TWO MINUTES.

# 46 Q:

OKAY. NOW, WE'RE REFERRING TO THIS PERSON NAMED RON GOLDMAN.

# 47 MS. CLARK:

I'M GOING TO SHOW YOU A PHOTOGRAPH, ASK IT TO BE MARKED PEOPLE'S NEXT IN ORDER, PEOPLE'S 27, YOUR HONOR.

# 48 THE COURT:

PEOPLE'S 27.

# 49 MS. CLARK:

THANK YOU.

# 50 (PEO'S 27 FOR ID = PHOTO RON GOLDMAN)

# 51 Q:

BY MS. CLARK: SHOWING YOU PEOPLE'S 27, CAN YOU TELL ME IF YOU RECOGNIZE THE GENTLEMAN IN THAT PHOTOGRAPH?

# 52 A:

YES. YES.

# 53 Q:

AND WHO IS THAT?

# 54 A:

RON GOLDMAN.

# 55 Q:

WHEN DID YOU BEGIN WORKING AT THE MEZZALUNA?

# 56 A:

IN LATE NOVEMBER OF '93.

# 57 Q:

AND DID YOU -- WHEN DID YOU MEET RON GOLDMAN?

# 58 A:

WHEN HE BEGAN WORK THERE IN LATE JANUARY OF '94.

# 59 Q:

DO YOU RECALL WHEN RON GOLDMAN BEGAN WORKING AT THE MEZZALUNA?

# 60 A:

I BELIEVE IT WAS IN JANUARY OF '94.

# 61 Q:

94? AND IS THAT WHEN YOU MET HIM?

# 62 A:

YES.

# 63 Q:

AND WHAT CAPACITY DID HE WORK THERE?

# 64 A:

AS A WAITER.

# 65 Q:

AND IN WHAT CAPACITY DID YOU WORK THERE?

# 66 A:

AS A WAITRESS.

# 67 Q:

DIRECTING YOUR ATTENTION TO THE DATE OF JUNE THE 12TH, 1994, WERE YOU WORKING AT THE MEZZALUNA ON THAT DATE?

# 68 A:

YES, I WAS.

# 69 Q:

DO YOU RECALL WHAT TIME YOU CAME IN?

# 70 A:

5:00 P.M., AROUND THEN.

# 71 Q:

NOW, WHEN YOU -- WHEN YOU WORK AT THE RESTAURANT, WHEN YOU COME IN, DO YOU HAVE TO PUNCH A TIME CLOCK?

# 72 A:

YES, WE DO.

# 73 Q:

AND DO YOU HAVE TO PUNCH OUT AS WELL?

# 74 A:

UH-HUH.

# 75 Q:

IS THAT YES?

# 76 A:

YES.

# 77 Q:

AND IS THAT TRUE FOR EVERYONE WHO WORKS IN THE RESTAURANT?

# 78 A:

YES, EVERYONE EXCEPT I THINK THE MANAGERS. BUT EVERYONE ELSE.

# 79 Q:

AND YOU'RE FAMILIAR WITH YOUR OWN TIME CARD AND WHAT THAT LOOKS LIKE?

# 80 A:

YES.

# 81 MS. CLARK:

YOUR HONOR, I HAVE A TIME CARD. COUNSEL HAS SEEN IT. I ASK THAT IT BE MARKED PEOPLE'S 28.

# 82 THE COURT:

ALL RIGHT. PEOPLE'S 28, COPY OF A TIME CARD.

# 83 MS. CLARK:

THANK YOU.

# 84 (PEO'S 28 FOR ID = COPY OF TIME CARD)

# 85 THE COURT:

AND MISS GAVIN, THERE'S A MONITOR RIGHT THERE. CAN YOU SEE THAT?

# 86 TIA GAVIN:

YES.

# 87 THE COURT:

ALL RIGHT.

# 88 Q:

BY MS. CLARK: OKAY. DO YOU RECOGNIZE WHAT'S BEING SHOWN THERE, MA'AM?

# 89 A:

YES. IT'S MY TIME CARD.

# 90 Q:

AND I NOTICE THAT THE NAME THERE IS TIA SMITH.

# 91 A:

THAT'S MY MAIDEN NAME.

# 92 Q:

OKAY. THAT WAS BEFORE YOU CHANGED IT?

# 93 A:

YES.

# 94 Q:

OKAY. AND THAT'S YOUR TIME CARD FROM -- FOR THE WEEK ENDING ON JUNE THE 12TH, 1994?

# 95 A:

YES.

# 96 MS. CLARK:

OKAY. JOHN, IF YOU CAN MOVE IT UP A LITTLE BIT AND SHOW SUNDAY ON THERE. THERE WE GO.

# 97 Q:

BY MS. CLARK: DO YOU SEE WHERE IT SAYS SUNDAY, WHICH WOULD BE JUNE THE 12TH?

# 98 A:

UH-HUH. YES.

# 99 Q:

AND DOES IT SHOW THERE WHERE YOU CLOCKED IN?

# 100 A:

YES, IT DOES.

# 101 Q:

AND WHAT TIME DOES IT SHOW?

# 102 A:

5:02 P.M.

# 103 MS. CLARK:

OKAY. YOU CAN TAKE IT DOWN FOR NOW. THANKS.

# 104 Q:

BY MS. CLARK: NOW, ON THE NIGHT OF JUNE THE 12TH, DID YOU HAPPEN TO SEE RON GOLDMAN?

# 105 A:

YES.

# 106 Q:

WAS HE WORKING THERE ALSO?

# 107 A:

YES, HE WAS.

# 108 Q:

AND DID YOU DISCUSS WHO WAS GOING TO TAKE WHICH TABLE?

# 109 A:

YES. WE NOTICED -- I NOTICED WHEN I CAME INTO WORK THAT THERE WAS A PARTY OF 10 ON THE RESERVATION BOOK. AND SO WE WERE TRYING TO DECIDE WHO WOULD TAKE THE TABLE, WHAT STATIONS WE'D WORK. AND AT THAT POINT, RON SAW THE NAME AND SAID, "OH, IT'S NICOLE BROWN, IT'S A FRIEND OF MINE."

# 110 Q:

WAS THAT -- DID THAT SEEM TO BE SOMETHING OF BIG SIGNIFICANCE FOR HIM OR WAS IT JUST --

# 111 A:

NO. HE DIDN'T KNOW SHE WAS COMING IN. BUT HE JUST SAID, "OH, THAT'S A FRIEND OF MINE." DIDN'T SEEM LIKE A BIG DEAL.

# 112 Q:

AND SO WHO TOOK THE TABLE THAT WAS FOR THE PARTY OF NICOLE BROWN?

# 113 A:

I DID.

# 114 Q:

WERE THERE ANY OTHER FEMALE WAITRESSES, FEMALE SERVERS THERE THAT NIGHT WORKING IN THE MEZZALUNA?

# 115 A:

YES, I THINK THERE WAS.

# 116 Q:

AND WHO WAS THAT?

# 117 A:

HEATHER NYGREN.

# 118 THE COURT:

HOW DO YOU SPELL THAT?

# 119 TIA GAVIN:

I THINK IT'S N-Y-G-R-E-N.

# 120 THE COURT:

THANK YOU.

# 121 Q:

BY MS. CLARK: SO IT WAS YOU -- WERE YOU TWO THEN THE TWO FEMALE SERVERS THERE THAT NIGHT?

# 122 A:

YES. THERE WERE THREE OF US ALTOGETHER.

# 123 Q:

AND SO --

# 124 A:

RON, HEATHER AND MYSELF.

# 125 Q:

JUST THE THREE OF YOU?

# 126 A:

YES, AS WAITERS.

# 127 Q:

NOW, DID YOU HAPPEN TO SEE NICOLE BROWN AND HER PARTY ARRIVE THAT NIGHT?

# 128 A:

YES.

# 129 Q:

ABOUT WHAT TIME DID THEY GET THERE?

# 130 A:

THEY WERE LATE FOR THEIR RESERVATION ABOUT 15 OR 20 MINUTES. SO I'D SAY 6:45 OR 6:50.

# 131 Q:

HOW MANY PEOPLE WERE IN HER PARTY?

# 132 A:

10.

# 133 Q:

DID IT HAVE -- DID IT INCLUDE ANY CHILDREN?

# 134 A:

YES. THERE WERE FOUR I THINK.

# 135 Q:

HAD YOU EVER MET HER BEFORE THAT NIGHT?

# 136 A:

NO, I HAD NOT.

# 137 Q:

THAT WAS THE FIRST TIME?

# 138 A:

UH-HUH. YES.

# 139 Q:

DO YOU RECALL WHAT SHE WAS WEARING?

# 140 A:

YES. A BLACK DRESS, SHORT BLACK DRESS WITH A BLACK BLAZER OVER IT.

# 141 Q:

WAS IT LIKE A HALTER DRESS?

# 142 A:

YES.

# 143 Q:

DO YOU RECALL WHETHER THERE WERE ANY OLDER PEOPLE IN THE PARTY WITH HER?

# 144 A:

YES, THERE WERE. THERE WAS AN OLDER GENTLEMAN AND WOMAN AS WELL.

# 145 Q:

AND WERE THERE SOME WOMEN APPROXIMATELY HER AGE AS WELL?

# 146 A:

YES.

# 147 Q:

DID YOU HAPPEN TO NOTICE WHETHER SHE HAD A DATE OR AN ESCORT WITH HER?

# 148 A:

I THINK THE ONLY GENTLEMAN THERE WAS HER FATHER.

# 149 Q:

DO YOU RECALL WHAT TIME NICOLE AND HER PARTY LEFT?

# 150 A:

BETWEEN 8:30 AND 9:00, 8:45ISH.

# 151 MS. CLARK:

I'M GOING TO SHOW YOU A PHOTOGRAPH AND ASK YOU TO TELL ME IF YOU RECOGNIZE WHO IT IS AND ASK THAT THIS PHOTOGRAPH BE MARKED PEOPLE'S 29.

# 152 THE COURT:

PEOPLE'S 29. YES.

# 153 (PEO'S 29 FOR ID = PHOTO OF NBS)

# 154 MS. CLARK:

THANK YOU, YOUR HONOR.

# 155 Q:

BY MS. CLARK: SHOWING YOU WHAT IS NOW PEOPLE'S 29, CAN YOU TELL ME IF YOU RECOGNIZE WHO THAT IS A PHOTOGRAPH OF?

# 156 A:

YES, IT IS.

# 157 Q:

AND WHO IS THAT?

# 158 A:

NICOLE SIMPSON.

# 159 Q:

NICOLE BROWN?

# 160 A:

YES.

# 161 Q:

NOW, DO YOU RECALL -- YOU SAID BETWEEN 8:30 AND 9:00 THAT THEY LEFT?

# 162 A:

YES.

# 163 Q:

DID THEY -- DID YOU OFFER DESSERT TO THAT PARTY?

# 164 A:

YES, I DID.

# 165 Q:

AND DID NICOLE CHOOSE TO HAVE DESSERT?

# 166 A:

NO. THEY SAID THAT THEY WERE TAKING THE CHILDREN OUT FOR ICE CREAM.

KEY QUOTE

# 167 Q:

DO YOU RECALL SEEING RON GOLDMAN LEAVE BEFORE YOU DID?

# 168 A:

I DON'T REMEMBER SEEING HIM LEAVE THROUGH THE DOOR, WALK OUT, NO.

# 169 Q:

WAS HE -- DID HE GET OFF OR PUNCH OUT HIS TIME CARD BEFORE YOU?

# 170 A:

YES. HE WAS OFF AT LEAST A HALF HOUR BEFORE ME.

KEY QUOTE

# 171 Q:

WAS HE THE FIRST ONE TO GET OFF THAT NIGHT?

# 172 A:

YES, HE WAS.

# 173 MS. CLARK:

CAN WE BRING IT UP AGAIN, PLEASE?

# 174 Q:

BY MS. CLARK: SHOWING YOU NOW ONCE AGAIN THE TIME CARD FOR SUNDAY, JUNE THE 12TH, 1994, CAN YOU TELL US IF IT SHOWS HERE ON YOUR TIME CARD WHAT TIME YOU CLOCKED OUT?

# 175 A:

9:50.

# 176 Q:

9:50 OR 9:58?

# 177 A:

IT'S HARD FOR ME TO TELL ON THE MONITOR BECAUSE THAT CORNER IS --

# 178 Q:

WOULD IT HELP IF I SHOWED YOU --

# 179 A:

YES, THAT'S AN 8. 9:58.

# 180 Q:

THANK YOU.

# 181 A:

THEY BLEW IT UP. THANKS.

# 182 Q:

ALL RIGHT. WHEN YOU CLOCKED OUT AT 9:58, WAS RON GOLDMAN STILL AT THE RESTAURANT?

# 183 A:

NO, HE WASN'T.

# 184 Q:

ALL RIGHT. THIS IS THE SAME THING THAT YOU SEE IN PEOPLE'S 26? UP ON THE SCREEN. DO YOU SEE THE YELLOW DOT YOU PREVIOUSLY IDENTIFIED AS THE LOCATION OF THE MEZZALUNA?

# 185 A:

YES.

# 186 Q:

NOW, ARE YOU FAMILIAR WITH WHERE THE MEZZALUNA IS IN RELATIONSHIP TO 875 SOUTH BUNDY?

# 187 A:

YES.

# 188 Q:

CAN YOU TELL US APPROXIMATELY HOW FAR THE MEZZALUNA IS FROM 875 SOUTH BUNDY?

# 189 A:

UH, TWO LONG -- ABOUT TWO AND A HALF, THREE BLOCKS. THEY'RE LONGER BLOCKS, BUT --

# 190 Q:

IF YOU WERE TO WALK THAT DISTANCE, APPROXIMATELY HOW LONG WOULD IT TAKE YOU, FROM THE MEZZALUNA TO 875 SOUTH BUNDY?

# 191 A:

UNDER 10 MINUTES.

# 192 Q:

AND CAN YOU ALSO -- ARE THERE TWO ENTRANCES TO THE MEZZALUNA RESTAURANT?

# 193 A:

YES.

# 194 Q:

WHAT ARE THEY?

# 195 A:

THERE'S THE FRONT DOOR, WHICH IS ON SAN VICENTE, AND THEN THERE'S A BACK DOOR ON GORHAM THAT MOST CUSTOMERS DON'T USE, BUT IT CAN BE USED BY CUSTOMERS. RARELY.

# 196 Q:

WHY DON'T CUSTOMERS USUALLY USE THAT?

# 197 A:

BECAUSE THERE'S A PATIO OUTSIDE AND THERE'S A LITTLE GATE AROUND IT AND THERE IS ACTUALLY A DOOR TO THE GATE THAT OPENS, BUT MOST PEOPLE DON'T EVEN -- IT'S HARD TO TELL THAT THERE'S A DOOR THERE. SO MOST PEOPLE DON'T REALIZE THEY CAN GO IN THAT WAY. OFTEN, EVEN THE EMPLOYEES, WHEN THEY'RE GOING IN AND OUT OF THERE WILL JUST STEP OVER THE GATE. SO IT'S MUCH MORE INCONVENIENT THAN COMING IN THROUGH THE FRONT DOOR.

# 198 Q:

SO MOST OF THE CUSTOMERS USE THE FRONT DOOR FOR ENTRY AND EXIT?

# 199 A:

YES.

# 200 Q:

AND THAT ENTRANCE AND EXIT WOULD LEAD YOU OUT TO SAN VICENTE?

# 201 A:

UH-HUH. YES.

# 202 Q:

NOW, THE STREET INDICATED RIGHT HERE WHERE I HAVE THE RED DOT (INDICATING) -- CAN YOU SEE THAT?

# 203 A:

YES. THAT'S GORHAM.

# 204 Q:

THAT'S GORHAM?

# 205 A:

UH-HUH.

# 206 Q:

OKAY. AND THEN THIS STREET HERE IS SAN VICENTE (INDICATING)?

# 207 A:

YES.

# 208 Q:

THANK YOU.

# 209 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (4)

Tia Gavin

RON SAW THE NAME AND SAID, 'OH, IT'S NICOLE BROWN, IT'S A FRIEND OF MINE.'

Establishes the personal connection between Goldman and Nicole Brown Simpson, explaining why he might have gone to her condo that night.

Tia Gavin

HE WAS OFF AT LEAST A HALF HOUR BEFORE ME.

Places Goldman's departure from Mezzaluna well before 9:30 PM, critical to narrowing the window when he arrived at Bundy.

Tia Gavin

UNDER 10 MINUTES.

Establishes the short walking distance from Mezzaluna to 875 South Bundy, supporting the prosecution's timeline.

Tia Gavin

THEY SAID THAT THEY WERE TAKING THE CHILDREN OUT FOR ICE CREAM.

Corroborates that Nicole's party departed as a group, consistent with later testimony about the Bundy timeline.

Evidence (4)

People's 26

Map of the area around Mezzaluna restaurant

Introduced and used to show restaurant location, Goldman's apartment, and proximity to 875 South Bundy

People's 27

Photograph of Ron Goldman

Introduced; witness identified Goldman

People's 28

Copy of Tia Gavin's time card for week ending June 12, 1994

Introduced; used to confirm clock-in time of 5:02 PM and clock-out of 9:58 PM

People's 29

Photograph of Nicole Brown Simpson

Introduced; witness identified Nicole

Notable Exchanges (2)

Marcia Clark•Tia Gavin

Clark and Gavin work through the time card on the monitor to determine exact punch-out time; initial reading of 9:50 is corrected to 9:58 when the image is enlarged.

routine

Marcia Clark•Tia Gavin

Witness volunteers to point out restaurant on map before being asked, showing familiarity and ease on the stand.

cooperative

Light Moments (1)

Tia Gavin

After struggling to read blurry time card digits on monitor, the image is enlarged and witness says 'THEY BLEW IT UP. THANKS.'

Objections

None recorded

Proceeding 4651 • 209 utterances • Prosecution witness

Criminal Trial

Department 103