📄 Cross-examination of Elsie Tistaert — Wednesday, February 8, 1995
📅 Feb 8 — Day 15
🛡️ Johnnie Cochran🗣️ Elsie Tistaert⚖️ Lance A. Ito
timeline
Address:
C:\DEPT103\CRIMINAL\1995\FEB\8\CROSS-EXAMINATION-OF-ELSIE-TIS.DOC
TRIAL
▲ Day 15 of 167

Cross-examination of Elsie Tistaert

Witness: Elsie Tistaert
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, February 8, 1995 • Utterances: 82
Johnnie Cochran cross-examined neighbor Elsie Tistaert, who had called 911 after midnight on the night of the murders. Cochran focused almost entirely on her inability to recall specific times — when she started bookkeeping, when she called the police, how long she was on the 911 call — effectively neutralizing her as a reliable timeline witness. The examination was brief and ended amicably after Cochran established she couldn't pin down any precise times.
1 THE COURT:

MR. COCHRAN.

2 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. CROSS-EXAMINATION

3

BY MR. COCHRAN:

4 Q:

GOOD AFTERNOON, MISS TISTAERT. HOW ARE YOU?

5 A:

FINE, THANK YOU, I THINK.

6 Q:

AS I UNDERSTAND WHAT YOU'VE TOLD US, YOU NEVER CAME OUT OF YOUR HOUSE THAT NIGHT FROM THE TIME YOU MADE THE CALL TO THE ANIMAL SHELTER AND THEN THE CALL AFTER THAT TO 911? YOU STAYED INSIDE THE HOUSE?

7 A:

THAT IS WHAT I RECALL, YES, EXCEPT TO GO IN THE BACK TO BRING MY DOG IN.

8 Q:

ALL RIGHT. YOU WENT --

9 A:

THE BACKYARD.

10 Q:

IN YOUR BACKYARD?

11 A:

YES.

12 Q:

YOU DIDN'T COME OUT THE FRONT, HOWEVER, THOUGH?

13 A:

SINCE THE OFFICERS TOLD ME NOT TO, I DID NOT DO SO.

14 Q:

I UNDERSTAND. AND YOU HAVE LIVED IN THIS PARTICULAR HOUSE FOR 51 YEARS?

15 A:

(NO AUDIBLE RESPONSE.) I'M SORRY?

16 Q:

ARE YOU TUNING ME OUT?

17 THE COURT:

WHERE CAN I GET ONE OF THOSE?

KEY QUOTE
18 MR. COCHRAN:

ONLY IF YOU DO IT FOR BOTH SIDES, YOUR HONOR.

19 Q:

BY MR. COCHRAN: CAN YOU HEAR ME NOW?

20 A:

YES.

21 THE COURT:

GREAT STRAIGHT LINE.

22 MR. COCHRAN:

TOUCHE.

23 Q:

WITH REGARD TO THE EVENTS OF THAT EVENING, LET ME ASK YOU A FEW QUESTIONS, IF I MIGHT. I BELIEVE YOU INDICATED THAT YOU HAD CALLED 911 SOMETIME AFTER MIDNIGHT; IS THAT CORRECT?

24 A:

YES.

25 Q:

AND THEY KEPT YOU ON THE PHONE FOR A PERIOD OF TIME; IS THAT RIGHT?

26 A:

YES.

27 Q:

CAN YOU TELL US HOW LONG YOU WERE ON THE PHONE BEFORE YOU ULTIMATELY HUNG THE PHONE UP?

28 A:

I CAN'T TELL YOU BECAUSE I DIDN'T WATCH THE TIME AND AT THIS POINT OF TIME I CAN'T RECALL.

29 Q:

ALL RIGHT.

30 A:

IT WOULD JUST BE GUESSWORK.

KEY QUOTE
31 Q:

WE DON'T WANT YOU TO GUESS. SO YOU CAN'T TELL US HOW LONG IT WAS?

32 A:

NO.

33 Q:

BUT YOU TALKED TO 911. THEY GAVE YOU PERMISSION TO GO INTO YOUR BACKYARD AT SOME POINT, RIGHT?

34 (NO AUDIBLE RESPONSE.)
35 Q:

TO GET YOUR DOG?

36 A:

NO, 911 DID NOT.

37 Q:

THE POLICE OFFICERS DID THAT?

38 A:

YES.

39 Q:

OKAY. SO WHEN THE POLICE OFFICERS CAME TO YOUR DOOR, YOU HUNG UP THE PHONE AT THAT POINT FROM 911?

40 A:

WHEN THEY CAME TO THE DOOR WHAT?

41 Q:

WHEN THE POLICE OFFICERS CAME TO YOUR DOOR -- WHEN THE TWO POLICE OFFICERS CAME ACROSS THE STREET TO YOUR DOOR, DID YOU THEN HANG UP THE 911 OPERATOR?

42 A:

PROBABLY. IT HAS BEEN A LONG TIME. PROBABLY.

43 Q:

I UNDERSTAND. YOUR BEST RECOLLECTION, RIGHT. AND HOW LONG HAD YOU BEEN DOING YOUR BOOKKEEPING THAT PARTICULAR EVENING?

44 (NO AUDIBLE RESPONSE.)
45 Q:

DO YOU KNOW WHAT TIME YOU STARTED?

46 A:

PROBABLY SIX OR SEVEN HOURS.

47 Q:

SIX OR SEVEN HOURS?

48 A:

YES. I HAD A LOT TO CATCH UP ON.

49 Q:

OKAY. I UNDERSTAND. NOW, WHAT TIME DO YOU THINK YOU STARTED THAT BOOKKEEPING?

50 A:

I HAVEN'T ANY IDEA.

51 Q:

OKAY. WHAT TIME DID YOU FINISH?

52 A:

I STOPPED AT JUST -- AT JUST ABOUT TWELVE O'CLOCK.

53 Q:

ALL RIGHT. SO IF YOU STOPPED AT ABOUT TWELVE O'CLOCK AND YOU DID IT FOR SIX OR SEVEN HOURS, YOU MAY HAVE STARTED AS EARLY AS FIVE O'CLOCK IN THE AFTERNOON; IS THAT RIGHT?

54 A:

MAYBE. IT IS POSSIBLE I STARTED AT EIGHT O'CLOCK IN THE MORNING. THERE IS NO TELLING. I SOMETIMES WORK TWELVE HOURS OR FOURTEEN HOURS A DAY SOMETIMES WHEN I HAVE BOOKWORK LIKE THAT.

KEY QUOTE
55 Q:

I UNDERSTAND. AND HAVE YOU EVER HEARD THE 911 TAPE WHEN YOU WERE SPEAKING TO THE --

56 A:

NO.

57 Q:

YOU HAVE NOT HEARD THAT TAPE?

58 A:

NO. THAT IS WHAT I SAID, I WOULD LIKE TO HEAR IT.

59 Q:

DOES MRS. CLARK HAVE THAT TAPE?

60 MS. CLARK:

NO.

61 MR. COCHRAN:

OKAY.

62 MS. CLARK:

AM I TESTIFYING NOW?

KEY QUOTE
63 MR. COCHRAN:

I WASN'T ASKING YOU; I WAS ASKING HER.

64 Q:

DO YOU KNOW IF MISS CLARK HAS THAT TAPE?

65 A:

PARDON?

66 Q:

DO YOU KNOW WHETHER OR NOT MISS CLARK HAS THAT 911 TAPE?

67 A:

NO.

68 Q:

ALL RIGHT. NOW, BEFORE YOU CALLED 911, YOU HAD CALLED WEST LOS ANGELES POLICE DEPARTMENT?

69 A:

CORRECT.

70 Q:

AND THEY HAD ASKED YOU TO CALL ANIMAL CONTROL?

71 A:

CORRECT.

72 Q:

DO YOU KNOW WHEN THAT WAS, APPROXIMATELY?

73 A:

NO, I DON'T KNOW EXACTLY.

74 Q:

YOU CAN'T GIVE US A TIME ON THAT EITHER?

75 A:

NOT REALLY, NO.

76 Q:

YOU WERE JUST WORKING INSIDE AND NOT PAYING ATTENTION TO THE TIME, RIGHT?

77 A:

MORE OR LESS, YES.

78 Q:

ALL RIGHT. WERE YOU WEARING A WATCH THAT NIGHT?

79 A:

PARDON?

80 Q:

WERE YOU WEARING A WATCH THAT NIGHT?

81 A:

PROBABLY, BUT I MIGHT NOT HAVE BEEN LOOKING AT IT TOO OFTEN. NOW AFTER ALL THIS TIME THERE ARE THINGS I CAN'T RECALL.

82 MR. COCHRAN:

I UNDERSTAND. I UNDERSTAND. WELL, THANK YOU VERY MUCH. YOU HAVE BEEN HELPFUL. I HAVE NOTHING FURTHER, YOUR HONOR.

Temperature

procedural

Key Quotes (4)

Elsie Tistaert
IT WOULD JUST BE GUESSWORK.
Tistaert acknowledges she cannot reliably recall how long her 911 call lasted, undermining her value as a timeline witness.
Elsie Tistaert
IT IS POSSIBLE I STARTED AT EIGHT O'CLOCK IN THE MORNING. THERE IS NO TELLING. I SOMETIMES WORK TWELVE HOURS OR FOURTEEN HOURS A DAY SOMETIMES WHEN I HAVE BOOKWORK LIKE THAT.
Her own estimate of her bookkeeping start time spans potentially 16 hours, cementing Cochran's point that she has no reliable sense of time that night.
Marcia Clark
AM I TESTIFYING NOW?
Clark's sharp retort when Cochran asked her directly whether she had the 911 tape — a rare moment of cross-counsel sparring.
Lance A. Ito
WHERE CAN I GET ONE OF THOSE?
Ito's replacement joking about the witness apparently not hearing Cochran, signaling the judge's lighter touch in courtroom atmosphere.

Evidence (1)

Informal
911 tape of Tistaert's call after midnight
referenced but not produced; witness has never heard it; Clark denied having it

Notable Exchanges (2)

Johnnie CochranMarcia Clark
Cochran asked Clark directly if she had the 911 tape; Clark shot back 'Am I testifying now?' before Cochran clarified he was asking the witness.
sharp, lightly adversarial
Johnnie CochranLance A. Ito
When the witness failed to respond and Cochran asked 'Are you tuning me out?', Ito quipped 'Where can I get one of those?' Cochran replied 'Only if you do it for both sides.'
light, bantering

Light Moments (2)

Lance A. Ito / Johnnie Cochran
Judge Ito joked he wanted whatever was letting the witness tune out Cochran; Cochran countered it would only work if it applied to both sides.
Lance A. Ito / Johnnie Cochran
Ito called Cochran's 'only if you do it for both sides' line a 'great straight line'; Cochran responded 'Touche.'

Credibility Attacks (1)

⚔ Elsie Tistaert
establishing lack of time awareness
Cochran methodically showed Tistaert could not recall when she started bookkeeping, when she called West LA police, when she called 911, or how long the 911 call lasted — leaving her unable to anchor any event to a specific time on the night of the murders.

Witness Demeanor

(NO AUDIBLE RESPONSE.) — multiple instances where the witness did not respond audibly
Witness acknowledged difficulty recalling specifics after this much time

Objections

None recorded
Proceeding 4789 • 82 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 FEB 8, 1995 📄 Cross-examination of Elsie Tis
FEB 8, 1995 KRT DvH TD