Redirect examination of Tia Gavin

📄 Redirect examination of Tia Gavin — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\REDIRECT-EXAMINATION-OF-TIA-GA.DOC

TRIAL

▲ Day 14 of 167

◀ Cross-examination of Tia Gavin Recross-examination of Tia Gavin ▶

Witness: Tia Gavin
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 44

Marcia Clark conducts a brief redirect examination of Tia Gavin, a Mezzaluna restaurant employee, to rehabilitate her testimony after Robert Shapiro's cross-examination. Clark demonstrates that Shapiro mischaracterized Gavin's prior statement to Detective Vannatter — the statement does not contain the claims Shapiro attributed to it. Clark also clarifies that the restaurant's NCR ordering computer had an unreliable time clock, but the employee punch-in time clock was accurate, validating Gavin's time card testimony.

# 1 THE COURT:

MISS CLARK.

# 2 MS. CLARK:

YES.

# 3

REDIRECT EXAMINATION

# 4

BY MS. CLARK:

# 5 Q:

MR. SHAPIRO ASKED IF YOU READ THE STATEMENT AND HE OFFERED TO LET YOU READ IT. HE DIDN'T LET YOU READ IT, DID HE?

# 6 A:

NO.

# 7 Q:

I WANT TO LET YOU READ IT NOW. ASK YOU FIRST TO REVIEW IT, AND THEN I'M GOING TO ASK YOU A FEW QUESTIONS ABOUT IT, OKAY?

# 8 A:

(WITNESS COMPLIES).

# 9 Q:

YOU DONE?

# 10 A:

UH-HUH.

# 11 Q:

MR. SHAPIRO ASKED YOU IF YOU EVER TOLD DETECTIVE VANNATTER THAT YOU DID NOT KNOW WHETHER RON GOLDMAN WAS STILL THERE WHEN YOU LEFT. DO YOU RECALL THAT QUESTION?

# 12 A:

JUST NOW?

# 13 Q:

UH-HUH.

# 14 A:

YES.

# 15 Q:

DO YOU SEE ANYWHERE IN THAT REPORT THAT YOU SAID ANY SUCH THING?

# 16 A:

NO.

# 17 Q:

MR. SHAPIRO ALSO ASKED YOU IF YOU TOLD DETECTIVE VANNATTER THAT AT THE TIME YOU LEFT THE RESTAURANT, YOU SAW MR. GOLDMAN SITTING WITH SOMEBODY AT A TABLE, AT THE TIME YOU LEFT. DO YOU SEE THAT IN THE REPORT ANYWHERE?

# 18 A:

NO. IT SAYS:

"SHE REMEMBERS SEEING RON GOLDMAN AFTER HE GOT OFF WORK SITTING AT ONE OF THE TABLES."

# 19 Q:

BUT NOT THAT YOU SAW THAT AT THE TIME YOU LEFT?

# 20 A:

NO.

# 21 Q:

WITH RESPECT TO THE TIME CLOCK, DO YOU RECALL RESOLVING THAT QUESTION IN YOUR MIND, AS TO WHETHER OR NOT IT WAS OFF DUE TO DAYLIGHT SAVINGS?

# 22 A:

OH, YES.

# 23 Q:

AND WHAT DID YOU DISCOVER?

# 24 A:

THAT IT WAS NOT OFF AND THAT THERE WAS CONFUSION OF WHETHER WE WERE TALKING ABOUT THE TIME ON THE NCR MACHINE OR THE TIME ON THE TIME CLOCK.

KEY QUOTE

# 25 Q:

ARE YOU TALKING -- WHEN YOU SAY THE NCR --

# 26 MR. BAILEY:

EXCUSE ME, MISS CLARK. YOU'RE BLOCKING THE JURY WITH THAT EXHIBIT.

# 27 (BRIEF PAUSE.)

# 28 Q:

BY MS. CLARK: WHEN YOU SAY THE NCR MACHINE, CAN YOU TELL US WHAT YOU MEAN BY THAT?

# 29 A:

I THINK THAT'S WHAT IT'S CALLED. I THINK THAT'S THE COMPANY THAT MAKES THE COMPUTER. IT'S THE COMPUTER THAT YOU PUT ALL YOUR ORDERS INTO WHEN YOU'RE MAKING ORDERS AND PRINTS THE CHECKS THAT YOU DELIVER TO THE TABLE.

# 30 Q:

KIND OF LIKE THE CASH REGISTER?

# 31 A:

YES.

# 32 Q:

ONLY FANCIER WORD?

# 33 A:

EXCEPT, YEAH, IT DOESN'T HAVE CASH IN IT.

# 34 Q:

SO THAT WAS THE -- THAT WAS THE MACHINE THAT WAS OFF IN TERMS OF TIME?

# 35 A:

YES.

# 36 Q:

SO THE RECEIPTS THAT ARE PRINTED OUT FOR CREDIT PURCHASES OR I GUESS CASH PURCHASES TOO WILL SHOW A TIME FOR THE CUSTOMER THAT IS INCORRECT?

# 37 A:

IT COULD, YEAH. I MEAN IT HAS BEEN OFF QUITE A LOT. I DON'T KNOW WHO REGULATES THAT, BUT --

# 38 Q:

SO IF A CUSTOMER PAYS WITH A CREDIT CARD, THAT MACHINE IS GOING TO PRINT OUT A TIME ON IT THAT IS NOT RELIABLE?

# 39 A:

WHETHER THEY PAY BY CREDIT CARD OR NOT, BECAUSE IT'S NOT RELATED TO THE CREDIT CARD MACHINE, WHICH IS A SEPARATE MACHINE ALTOGETHER. IT IS THE CHECK THAT YOU DELIVER TO THE TABLE. SO IF THEY KEPT A RECEIPT, IF THEY PAID BY CREDIT CARD, IT MIGHT BE THE CREDIT CARD RECEIPT. IF THEY KEPT THEIR CHECK, THEN THAT WOULD HAVE A TIME ON IT AND THAT WOULD MOST LIKELY NOT BE RIGHT, BUT IT COULD BE.

# 40 Q:

ON THE OTHER HAND, THE TIME CARD CLOCK, THE TIME CLOCK THAT YOU PUNCH IN AND OUT OF, THE EMPLOYEES PUNCH IN AND OUT OF, THAT WAS ACCURATE?

# 41 A:

YES.

# 42 Q:

SO THE TIMES THAT YOU'VE JUST TOLD US ABOUT WHEN YOU PUNCH IN AND OUT OF, YOUR TIME CARD, THOSE ARE CORRECT?

# 43 A:

YES.

# 44 MS. CLARK:

NOTHING FURTHER.

Temperature

procedural

Key Quotes (3)

Tia Gavin

IT SAYS: "SHE REMEMBERS SEEING RON GOLDMAN AFTER HE GOT OFF WORK SITTING AT ONE OF THE TABLES."

Gavin reads the actual statement aloud, undercutting Shapiro's cross-examination characterization that she had said she saw Goldman sitting with someone at the time she left the restaurant.

Tia Gavin

THAT IT WAS NOT OFF AND THAT THERE WAS CONFUSION OF WHETHER WE WERE TALKING ABOUT THE TIME ON THE NCR MACHINE OR THE TIME ON THE TIME CLOCK.

Resolves the time discrepancy raised in cross — the confusion was about which machine, not that the employee clock was wrong.

Tia Gavin

IF THEY KEPT THEIR CHECK, THEN THAT WOULD HAVE A TIME ON IT AND THAT WOULD MOST LIKELY NOT BE RIGHT, BUT IT COULD BE.

Establishes that customer receipts with timestamps from the NCR machine are unreliable, which could affect any defense use of receipt-based timeline evidence.

Evidence (3)

Informal

Gavin's prior statement to Detective Vannatter, reviewed by the witness on the stand

Witness reads statement to contradict Shapiro's characterization of its contents

Informal

NCR machine (restaurant ordering computer) — prints customer checks with timestamps

Discussed as having an unreliable/inaccurate time clock

Informal

Employee punch-in time clock

Confirmed as accurate; validates Gavin's prior time card testimony

Notable Exchanges (2)

F. Lee Bailey•Marcia Clark

Bailey interrupts Clark's examination to note she is blocking the jury's view of an exhibit. Brief pause follows before Clark resumes.

procedural

Marcia Clark•Tia Gavin

Clark walks Gavin through the distinction between the NCR machine and the time clock, using plain language ("kind of like the cash register? Only fancier word?") to make the technical point accessible.

strategic

Light Moments (1)

Tia Gavin

Clark calls the NCR machine a 'fancier word' for a cash register; Gavin deadpans 'EXCEPT, YEAH, IT DOESN'T HAVE CASH IN IT.'

Credibility Attacks (1)

⚔ Robert Shapiro

Exposing mischaracterization of prior statement

Clark shows that Shapiro's cross-examination attributed statements to the Vannatter report that do not actually appear in it — the witness confirms neither claimed statement appears in the document.

Witness Demeanor

(WITNESS COMPLIES) — witness reads statement as directed without comment

Objections

None recorded

Proceeding 4653 • 44 utterances • Prosecution witness

Criminal Trial

Department 103