Direct examination of Elsie Tistaert

📄 Direct examination of Elsie Tistaert — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\DIRECT-EXAMINATION-OF-ELSIE-TI.DOC

TRIAL

▲ Day 15 of 167

◀ Jury returns after recess Cross-examination of Elsie Tistaert ▶

Witness: Elsie Tistaert
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 8, 1995 • Utterances: 161

Elsie Tistaert, a neighbor who had lived directly across from 875 South Bundy Drive for 51 years, testified about hearing a dog bark persistently on the night of June 12, 1994. She saw the dog running back and forth at the walkway where Nicole Brown Simpson's body was later found, called the police (who referred her to animal control, whose line was busy), and then called 911 around midnight after her doorbell rang repeatedly — at which point the 911 operator told her something big was happening across the street.

# 1 MS. CLARK:

THANK YOU, YOUR HONOR. THE PEOPLE CALL MISS ELSIE TISTAERT.

ELSIE TISTAERT, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 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.

# 3 ELSIE TISTAERT:

I DO.

# 4 THE CLERK:

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

# 5 (BRIEF PAUSE.)

# 6 THE COURT:

ALL RIGHT. MA'AM, WOULD YOU PLEASE STATE AND SPELL YOUR NAME FOR THE RECORD, PLEASE.

# 7 ELSIE TISTAERT:

ELSIE TISTAERT. E-L-S-I-E T, AS IN TOM, I S, AS IN SAM, T, AS IN TOM, A-E-R-T, AS IN TOM.

# 8 THE COURT:

GOOD AFTERNOON, MA'AM. MISS CLARK.

# 9 MS. CLARK:

THANK YOU, YOUR HONOR.

# 10

DIRECT EXAMINATION

# 11

BY MS. CLARK:

# 12 Q:

GOOD AFTERNOON, MISS TISTAERT?

# 13 A:

GOOD AFTERNOON.

# 14 Q:

MA'AM, DIRECTING YOUR ATTENTION TO THE DATE OF JUNE 12, 1994, WHERE WERE YOU LIVING?

# 15 A:

AT 874 SOUTH BUNDY DRIVE, LOS ANGELES, 90049.

# 16 Q:

AND WAS THAT ACROSS THE STREET FROM 875 SOUTH BUNDY?

# 17 A:

CORRECT.

# 18 Q:

AND ON THAT NIGHT WHAT WERE YOU DOING?

# 19 A:

I WAS AT HOME DOING SOME OF MY PERSONAL BOOKKEEPING.

# 20 Q:

NOW, HOW LONG HAD YOU LIVED IN THAT LOCATION, MA'AM?

# 21 A:

51 YEARS.

# 22 Q:

DID SOMETHING ATTRACT YOUR ATTENTION THAT NIGHT?

# 23 A:

YES.

# 24 Q:

WHAT WAS THAT?

# 25 A:

BARKING OF A DOG.

# 26 Q:

AND WHY DID IT DRAW YOUR ATTENTION?

# 27 A:

BECAUSE IT BARKED FOR SO LONG WITHOUT ANYONE TRYING -- APPARENTLY TRYING TO QUIET IT. JUST BECAUSE IT BARKED FOR SO LONG.

# 28 Q:

NOW, DO YOU HAVE A DOG?

# 29 A:

YES.

# 30 Q:

AND DID YOU HAVE A DOG ON THE NIGHT OF JUNE THE 12TH?

# 31 A:

YES, YES.

# 32 Q:

AND DID YOU KNOW OF OTHER PEOPLE IN THE NEIGHBORHOOD WHO HAD DOGS?

# 33 A:

I'M NOT AWARE OF ANY.

# 34 Q:

HAD YOU HEARD DOGS BARKING IN THE NEIGHBORHOOD BEFORE THAT NIGHT?

# 35 A:

NOT VERY MUCH.

# 36 Q:

OKAY. AND THIS DOG THAT WAS BARKING THAT NIGHT WAS VERY LOUD AND LONG?

# 37 A:

YES.

# 38 Q:

AT SOME POINT DID YOU CALL THE POLICE BECAUSE OF THAT BARKING DOG?

# 39 A:

YES.

# 40 Q:

ABOUT HOW LONG HAD THE DOG BEEN BARKING WHEN YOU CALLED THE POLICE?

# 41 A:

I BELIEVE ABOUT A HALF HOUR.

# 42 Q:

OKAY. AND WHAT STATION DID YOU CALL?

# 43 A:

I CALLED THE WEST LOS ANGELES POLICE STATION.

# 44 Q:

AND WHAT DID YOU TELL THEM?

# 45 A:

I TOLD THEM THAT THERE HAD BEEN A DOG BARKING FOR A LONG TIME AND I THOUGHT THEY SHOULD INVESTIGATE THE REASON THEREFORE.

# 46 Q:

OKAY. BEFORE YOU CALLED THE STATION DID YOU LOOK OUTSIDE TO SEE IF YOU COULD SEE THAT DOG THAT WAS BARKING?

# 47 A:

YEAH. YES, I DID.

# 48 Q:

WHAT DID YOU SEE?

# 49 A:

I SAW A DOG RUNNING BACK AND FORTH ACROSS THE STREET BARKING.

# 50 Q:

WHEN YOU SAY "RUNNING BACK AND FORTH," DO YOU MEAN FROM ONE SIDE OF THE STREET TO THE OTHER?

# 51 A:

NO, NO, JUST FOR, OH, POSSIBLY FOR TEN OR FIFTEEN FEET, FROM ONE -- FROM THE LAMPPOST OR SOMETHING THAT IS AT THE STREET THERE BACK TO TEN OR FIFTEEN FEET BACK AWAY FROM THE STREET.

# 52 Q:

OKAY. SO CAN YOU DESCRIBE, IN RELATIONSHIP TO 875 SOUTH BUNDY, ACROSS THE STREET FROM YOU, WHERE DID YOU SEE THE DOG MOVING AROUND?

# 53 A:

AT THE DRIVEWAY THAT HAS BEEN IN SO MANY PICTURES SINCE.

KEY QUOTE

# 54 Q:

OKAY.

# 55 A:

BACK AND FORTH IN THAT DRIVEWAY?

# 56 A:

WALKWAY IT IS. NOT A DRIVEWAY; IT IS A DRIVEWAY.

# 57 Q:

YOU MEAN THE WALKWAY WHERE A WOMAN'S BODY WAS FOUND?

# 58 A:

YES.

# 59 Q:

THAT IS THE AREA YOU SAW THE DOG RUNNING IN?

# 60 A:

YES.

# 61 Q:

IT WAS BARKING AT THAT TIME?

# 62 A:

YES.

# 63 Q:

SO YOU CALLED -- AFTER YOU LOOKED OUT AND YOU SAW THAT DOG -- CAN YOU DESCRIBE THE DOG FOR US, MA'AM?

# 64 A:

NOT VERY WELL, NO. IT WAS -- ALL I CAN SAY IS IT WAS A MEDIUM-SIZED DOG, PROBABLY -- PROBABLY NOT DARK, PROBABLY MEDIUM IN COLOR, TOO, BUT THAT IS AS CLOSE AS I CAN GET.

# 65 Q:

OKAY. SO THE FUR DID NOT APPEAR BLACK? IT WAS LIGHTER THAN THAT?

# 66 A:

RIGHT.

# 67 Q:

YOU COULDN'T TELL IF IT WAS WHITE OR BEIGE?

# 68 A:

NOT HONESTLY, NO.

# 69 Q:

WAS THAT THE ONLY DOG YOU SAW RUNNING AROUND AND BARKING LIKE THAT?

# 70 A:

YES, YES.

# 71 Q:

SO THEN YOU CALLED THE WEST L.A. POLICE STATION?

# 72 A:

CORRECT.

# 73 Q:

AND YOU TOLD THEM ABOUT THAT DOG?

# 74 A:

YES.

# 75 Q:

AND THEN WHAT HAPPENED?

# 76 A:

THEY SUGGESTED I CALL ANIMAL SHELTER. BARKING DOGS WERE NOT IN THEIR SPHERE OF INFLUENCE, NOT IN WHAT THEY HAD TO TAKE CARE OF.

# 77 Q:

OKAY. AND DID YOU?

# 78 A:

I TRIED TO CALL ANIMAL SHELTER BUT THE LINE WAS BUSY, AND I WAITED A LITTLE WHILE LONGER, TRIED IT AGAIN, AND THE LINE WAS STILL BUSY, AND THEN I THINK I MAY HAVE TRIED ONCE OR TWICE MORE. I DON'T RECALL ANY MORE AFTER THIS LENGTH OF TIME. THE LINE WAS STILL BUSY. I HAD WORK TO DO, SO I WENT TO THE BACK OF MY HOUSE AND TRIED TO IGNORE ANYTHING THAT MIGHT BE ANY NOISE OR ANYTHING SO I COULD DO MY WORK.

# 79 Q:

OKAY. SO YOU WENT BACK TO DOING YOUR BOOKKEEPING?

# 80 A:

CORRECT.

# 81 Q:

AND WHILE YOU WERE DOING YOUR BOOKKEEPING, LATER THAT NIGHT DID SOMETHING UNUSUAL HAPPEN?

# 82 A:

NOT WHILE I WAS DOING MY BOOKKEEPING. AFTER I FINISHED AND WENT TO BED MY DOOR CHIMES STARTED TO RING -- RANG FOUR OR FIVE OR SIX TIMES IN SUCCESSION.

# 83 Q:

AND WHAT TIME WAS THAT WHEN THAT HAPPENED?

# 84 A:

ACCORDING TO MY RECOLLECTION, A FEW MINUTES AFTER MIDNIGHT, A FEW MINUTES AFTER 12:00.

KEY QUOTE

# 85 Q:

HAD THAT EVER HAPPENED BEFORE?

# 86 A:

NO.

# 87 Q:

DID THAT SCARE YOU?

# 88 A:

YES, DEFINITELY.

# 89 Q:

DID YOU ANSWER YOUR DOOR?

# 90 A:

PARDON ME? I DIDN'T HEAR YOU.

# 91 Q:

I'M SORRY.

# 92 A:

NO, NO, I DID NOT ANSWER MY DOOR, NOT A FEW MINUTES AFTER MIDNIGHT. I WOULDN'T GO TO THAT DOOR THAT TIME OF NIGHT.

# 93 Q:

SO WHAT DID YOU DO?

# 94 A:

I CALLED 911.

# 95 Q:

AND WHAT DID YOU TELL THEM?

# 96 A:

I TOLD THEM THAT I WAS FEARFUL OF AN INTRUDER.

# 97 Q:

AND DID YOU TELL THEM SOMEONE WAS RINGING YOUR DOORBELL?

# 98 A:

YES.

# 99 Q:

AND DID THEY TELL YOU --

# 100 A:

I THINK. I THINK I DID. I PROBABLY DID.

# 101 Q:

AT THAT TIME, WHILE YOU WERE ON THE CALL -- ON THE PHONE WITH THEM, DID YOU TELL THEM ABOUT THE BARKING DOG AGAIN?

# 102 A:

I DOUBT IT. I CANNOT RECALL.

# 103 Q:

OKAY.

# 104 A:

I DON'T WANT TO ANSWER THAT. I DON'T RECALL.

# 105 Q:

OKAY.

# 106 A:

HOWEVER -- HOWEVER, THERE SHOULD BE A RECORDING OF WHAT I DID TELL THEM.

# 107 Q:

OKAY. WE KNOW 911 TAPES EXIST.

# 108 A:

MAYBE I COULD LISTEN TO IT SOME TIME AND SEE EXACTLY WHAT I SAID.

# 109 Q:

ALL RIGHT. DID YOU STAY ON THE LINE WITH THE 911 OPERATOR?

# 110 A:

I DIDN'T HEAR THAT. LET'S TRY AGAIN.

# 111 Q:

I'M SORRY. YOU HAVE A BIT OF A HEARING PROBLEM?

# 112 A:

YES.

# 113 Q:

THAT THING YOU ARE HOLDING IN YOUR HAND?

# 114 A:

WHAT I'M HOLDING IN MY HAND IS MY CONTROL.

# 115 Q:

TURN ME UP?

# 116 A:

SO I DON'T HAVE TO STICK MY HAND IN MY EAR.

# 117 Q:

DID YOU STAY ON THE LINE WITH THE 911 OPERATOR?

# 118 A:

YES, YES. SHE INSISTED THAT I STAY ON THE LINE.

# 119 Q:

OKAY. AND AT SOME POINT DID YOU TELL HER -- DID YOU TALK TO HER ABOUT WHETHER THERE WERE POLICE OFFICERS PRESENT OR NOT?

# 120 A:

I JUST TOLD HER THAT NO ONE -- NO ONE HAD COME TO MY HOUSE IN RESPONSE TO MY CALL AND I WONDERED WHY.

# 121 Q:

AND YOU ASKED HER WHY?

# 122 A:

YES.

# 123 Q:

DID SHE TELL YOU?

# 124 A:

YES. SHE SAID THERE WAS SOMETHING BIG GOING ON ACROSS THE STREET, OR WORDS TO THAT EFFECT, SOMETHING LIKE THAT.

KEY QUOTE

# 125 Q:

AND ANYTHING ABOUT SENDING AN OFFICER TO YOUR HOUSE?

# 126 A:

LET'S TRY AGAIN.

# 127 Q:

OKAY. DID SHE SAY ANYTHING ABOUT SENDING AN OFFICER TO YOUR HOUSE?

# 128 A:

NOT FOR QUITE A WHILE. SHE KEPT ME ON THE LINE A LONG TIME, AND THEN I FINALLY SAID, "WELL, WHY DON'T YOU SEND SOMEBODY TO MY HOUSE. I CALLED YOU."

# 129 Q:

UH-HUH.

# 130 A:

THEN SHE SAID, "WELL, I WILL TRY TO GET A COUPLE OF THE MEN FROM ACROSS THE STREET TO COME AND SEE."

# 131 Q:

OKAY. AND DID A COUPLE OF OFFICERS COME TO YOUR HOUSE THEN?

# 132 A:

YES, THEY DID. YES, THEY DID.

# 133 Q:

DID THEY CHECK AROUND THE HOUSE FOR --

# 134 A:

THEY CHECKED EVERYWHERE AT MY REQUEST. THEY CHECKED VERY CAREFULLY FRONT YARD, SIDE YARD AND THE BACKYARD.

# 135 Q:

OKAY. NOW, BY THIS TIME YOU SAID YOU HAD A DOG, MA'AM?

# 136 A:

YES.

# 137 Q:

AND DID YOU -- DID YOU ASK PERMISSION TO GO OUTSIDE?

# 138 A:

WHILE I WAS ON 911 I WANTED TO QUIET MY DOG BECAUSE MY DOG HAD STARTED BARKING THEN. THIS WAS QUITE A BIT AFTER THE PERSON RANG MY DOORBELL.

# 139 Q:

AND YOU WERE STILL ON THE LINE WITH THE 911 OPERATOR?

# 140 A:

I WAS STILL ON THE LINE WITH 911 AND MY DOG WAS BARKING. I ASKED PERMISSION TO TRY TO QUIET THE DOG OR BRING HER IN AND THEY SAID "DON'T GO NEAR YOUR DOORS OR WINDOWS."

# 141 Q:

SO THEY WANTED YOU TO STAY INSIDE?

# 142 A:

WANTED ME TO STAY INSIDE.

# 143 Q:

AFTER THE OFFICERS CAME AND CHECKED YOUR HOUSE, CHECKED AROUND ALL THE DOORS AND THE SIDE AND THE BACK, DID THEY LET YOU GO OUTSIDE?

# 144 A:

THEY SUGGESTED I NOT GO OUTSIDE. THEY SUGGESTED I JUST STAY PUT, GO BACK -- TRY TO GO TO SLEEP --

# 145 Q:

OKAY.

# 146 A:

-- AND MIND MY OWN BUSINESS.

# 147 Q:

DID THEY --

# 148 A:

I THINK.

# 149 Q:

DID THEY -- DID THEY ALLOW YOU TO GO OUT INTO THE BACK OF YOUR RESIDENCE TO QUIET YOUR DOG?

# 150 A:

THEY ASKED ME TO BRING THE DOG IN SO THAT THEY COULD CHECK THE BACKYARD.

# 151 Q:

UH-HUH. AND DID YOU DO THAT?

# 152 A:

BECAUSE IT IS A WATCHDOG. IT IS A WATCHDOG.

# 153 Q:

DID YOU DO THAT?

# 154 A:

YES, I DID.

# 155 Q:

YOU BROUGHT THE DOG IN?

# 156 A:

I BROUGHT THE DOG IN.

# 157 Q:

THEN THEY CHECKED AROUND BACK?

# 158 A:

THEN THEY CHECKED AROUND IN BACK.

# 159 Q:

IT WAS ALL CLEAR?

# 160 A:

EVERYTHING WAS OKAY. THEY TOLD ME EVERYTHING WAS FINE.

# 161 MS. CLARK:

OKAY. THANK YOU VERY MUCH.

Temperature

procedural

Key Quotes (4)

Elsie Tistaert

AT THE DRIVEWAY THAT HAS BEEN IN SO MANY PICTURES SINCE.

Tistaert places the barking dog specifically at the crime scene walkway, corroborating the Akita's behavior as a timeline marker.

Elsie Tistaert

ACCORDING TO MY RECOLLECTION, A FEW MINUTES AFTER MIDNIGHT, A FEW MINUTES AFTER 12:00.

Her doorbell ringing — and subsequent 911 call — pins her awareness of something wrong to just after midnight, relevant to establishing the timeline of discovery.

Elsie Tistaert

SHE SAID THERE WAS SOMETHING BIG GOING ON ACROSS THE STREET, OR WORDS TO THAT EFFECT.

The 911 operator's comment confirms police were already responding to the Bundy crime scene while Tistaert's call was in progress.

Elsie Tistaert

THEY SUGGESTED I JUST STAY PUT, GO BACK -- TRY TO GO TO SLEEP -- AND MIND MY OWN BUSINESS.

Slight dark irony — officers at the Bundy crime scene telling a witness to mind her own business.

Evidence (1)

Informal

911 tape of Tistaert's call from the night of June 12, 1994

referenced verbally — Tistaert suggests she could listen to it to verify what she said

Notable Exchanges (2)

Marcia Clark•Elsie Tistaert

Tistaert self-corrects mid-answer, calling the walkway a 'driveway' then correcting herself to 'walkway,' before Clark confirms it as the location where the body was found.

revealing

Marcia Clark•Elsie Tistaert

Tistaert acknowledges a hearing problem and explains the device she's holding is a hearing control — Clark adapts by repeating questions and speaking more clearly throughout.

accommodating

Light Moments (1)

Marcia Clark

Clark asks if Tistaert can 'turn her up' on the hearing device, leading to a brief exchange about the remote control she's holding.

Witness Demeanor

(BRIEF PAUSE.) noted at start of testimony before judge prompts witness to state her name

Objections

None recorded

Proceeding 4788 • 161 utterances • Prosecution witness

Criminal Trial

Department 103