Direct examination of Eva Stein

📄 Direct examination of Eva Stein — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\DIRECT-EXAMINATION-OF-EVA-STEI.DOC

TRIAL

▲ Day 15 of 167

◀ Jury enters courtroom Exhibits marked, witness excused ▶

Witness: Eva Stein
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 8, 1995 • Utterances: 334

Eva Stein, who lived next door to Nicole Brown Simpson at 873 South Bundy, testified that she was awakened around 10:15 PM on June 12, 1994 by unusually intense, persistent dog barking coming from south of her location near the Bundy/Dorothy intersection. She never heard any screams, did not look out the window, and learned from her boyfriend Lou Karpf that he returned home around 10:45 PM — roughly 30 minutes after she was awakened. The testimony was primarily about establishing the timeline of the Akita's barking and, by implication, when the murders likely occurred.

# 1 MS. CLARK:

WE WOULD CALL EVA STEIN.

# 2 THE COURT:

I'M SORRY, MISS CLARK. WHAT WAS THE NAME?

# 3 MS. CLARK:

EVA STEIN.

# 4 THE COURT:

EVA STEIN. THANK YOU. ALL RIGHT. MISS STEIN, WOULD YOU COME FORWARD, PLEASE. MISS STEIN.

# 5 MS. CLARK:

I THOUGHT YOU WERE CALLING ME.

# 6 THE COURT:

ALL RIGHT. MISS STEIN, WOULD YOU STEP AROUND COUNSEL TABLE HERE AND STAND OVER BY OUR COMPUTER PROJECTOR.

EVA STEIN, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 7 THE CLERK:

WILL YOU PLEASE RAISE YOUR RIGHT HAND. YOU DO 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?

# 8 EVA STEIN:

I DO.

# 9 THE CLERK:

PLEASE HAVE A SEAT IN THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 10 EVA STEIN:

EVA STEIN.

# 11 THE COURT:

ALL RIGHT. HAVE A SEAT. ALL RIGHT. COULD YOU SPELL YOUR NAME, PLEASE.

# 12 EVA STEIN:

EVA STEIN, E-V-A S-T-E-I-N.

# 13 THE COURT:

THANK YOU, MA'AM. MISS CLARK.

# 14

DIRECT EXAMINATION

# 15

BY MS. CLARK:

# 16 Q:

GOOD MORNING, MISS STEIN.

# 17 A:

GOOD MORNING.

# 18 Q:

ARE YOU A LITTLE NERVOUS?

# 19 A:

YES, I AM.

# 20 Q:

TAKE A DEEP BREATH. I'M GOING TO TALK TO YOU ABOUT WHERE YOU WERE LIVING ON THE DATE OF JUNE THE 12TH, 1994.

# 21 A:

I WAS LIVING ON 873 SOUTH BUNDY.

# 22 Q:

AND DO YOU KNOW WHERE THAT IS IN RELATIONSHIP TO 875 SOUTH BUNDY?

# 23 A:

IT'S JUST NORTH.

# 24 Q:

IS THAT RIGHT NEXT DOOR?

# 25 A:

YES. IT'S THE BUILDING RIGHT NEXT DOOR.

# 26 Q:

AND WAS THERE SOMEONE LIVING THERE WITH YOU AT THE TIME?

# 27 A:

YES. MY BOYFRIEND.

# 28 Q:

AND HIS NAME?

# 29 A:

LOU KARPF.

# 30 THE COURT:

HOW DO YOU SPELL KARPF?

# 31 EVA STEIN:

K-A-R-P-F.

# 32 THE COURT:

THANK YOU.

# 33 Q:

BY MS. CLARK: TO YOUR LEFT IS A BIG BOARD THAT'S BEEN MARKED AS PEOPLE'S 26. DO YOU SEE THE LOCATION I'M POINTING TO, THE INTERSECTION OF DOROTHY AND BUNDY (INDICATING)?

# 34 A:

YES, I DO.

# 35 Q:

OKAY. IF THIS PURPLE HOUSE -- EXCUSE ME. IF THIS RED HOUSE HERE IS 875 SOUTH BUNDY, WHAT WOULD THIS BLUE HOUSE BE (INDICATING)?

# 36 A:

THAT BLUE HOUSE WOULD BE 873 SOUTH BUNDY.

# 37 Q:

YOUR RESIDENCE?

# 38 A:

YES.

# 39 Q:

NOW, YOUR PARTICULAR APARTMENT AT 873 SOUTH BUNDY, DID IT FACE THE STREET?

# 40 A:

UMM, IT -- YES. IT WAS IN THE BACK OF THE CONDO UNIT AND IT DID FACE THE STREET.

# 41 Q:

A STREET WHERE CARS DRIVE BACK AND FORTH OR WAS IT AN ALLEY?

# 42 A:

WELL, THE BEDROOM WHERE I'M -- THE BEDROOM PART FACED THE ALLEY.

# 43 Q:

OKAY.

# 44 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND MR. FAIRTLOUGH.)

# 45 Q:

BY MS. CLARK: CAN YOU LOOK ON YOUR MONITOR NEXT TO YOU THERE? THANK YOU. DO YOU RECOGNIZE THE LOCATION SHOWN THERE? DOES THAT LOOK FAMILIAR TO YOU?

# 46 A:

WELL, IT'S THE BACK ALLEY OF UMM -- IT'S THE BACK ALLEY.

# 47 Q:

NOW, DIRECTING YOUR ATTENTION TO THE BUILDING THAT IS ON YOUR RIGHT AS YOU FACE THE PHOTOGRAPH WITH THE LIGHTS ON THE BALCONY AND A JEEP PARKED IN THE DRIVEWAY, SEE WHAT I'M TALKING ABOUT?

# 48 A:

WELL, I SEE A FEW CARS PARKED IN THE DRIVEWAY.

# 49 Q:

OKAY. DO YOU SEE ONE THAT'S PARKED FACING INTO THE DRIVEWAY?

# 50 A:

YES, I DO.

# 51 Q:

OKAY. IF THAT WAS 875 SOUTH BUNDY, WHERE WOULD YOUR APARTMENT HAVE BEEN IN RELATION TO THAT?

# 52 A:

WELL, IT'S RIGHT BEHIND -- IT'S RIGHT BEHIND THAT WHERE THE LIGHTS ARE ON.

# 53 Q:

I'M GOING TO USE THE LASER POINTER. SEE THAT MOVING CROSS?

# 54 A:

YES, I DO.

# 55 Q:

OKAY.

# 56 MS. CLARK:

CAN YOU MOVE IT UP, JONATHAN?

# 57 Q:

BY MS. CLARK: WOULD YOUR BUILDING BE RIGHT THERE WHERE THAT MOVING CROSS IS SHOWN?

# 58 A:

YES.

# 59 Q:

OKAY. AND SO DO YOU HAVE AN ENTRY THAT OPENS ONTO THE ALLEY THERE?

# 60 A:

YES, I DO.

# 61 Q:

IS THAT THE ENTRANCE THAT YOU USE FOR YOUR -- THAT YOU USED FOR YOUR APARTMENT BACK IN JUNE OF '94?

# 62 A:

THAT IS THE ENTRANCE THAT I USED, YES. IT IS THE GARAGE ENTRANCE.

# 63 THE COURT:

EXCUSE ME, MISS CLARK. WHICH EXHIBIT IS THIS?

# 64 MS. CLARK:

I AM SORRY, YOUR HONOR. IS THAT PEOPLE'S 38?

# 65 THE COURT:

PEOPLE'S 38. ALL RIGHT. AND ARE WE GOING TO BE ABLE TO PRESERVE THAT PARTICULAR MARK?

# 66 MS. CLARK:

YES, YOUR HONOR. WE'RE GOING TO PRINT.

# 67 THE COURT:

ALL RIGHT. THEN THE PRINT WE'LL DESIGNATE AS PEOPLE'S 38-A.

# 68 Q:

BY MS. CLARK: ALL RIGHT. NOW, I'M -- DID YOU HAVE AN ENTRY THAT OPENED ONTO BUNDY AS WELL?

# 69 A:

YES.

# 70 MS. CLARK:

ARE YOU PRINTING?

# 71 MR. FAIRTLOUGH:

YES.

# 72 MS. CLARK:

OKAY.

# 73 Q:

BY MS. CLARK: ON THE NIGHT OF JUNE THE 12TH, 1994, WHAT TIME DID YOU GET HOME?

# 74 A:

UMM, I GOT HOME LATE IN THE -- LATER ON IN THE AFTERNOON.

# 75 Q:

AND DO YOU RECALL WHETHER LOUIS KARPF WAS HOME ON THAT DAY?

# 76 A:

NO, HE WAS NOT.

# 77 Q:

DO YOU KNOW WHERE HE WAS?

# 78 A:

HE WAS VISITING FAMILY IN SAN JOSE FOR THE WEEKEND.

# 79 Q:

AND DO YOU RECALL WHAT TIME YOU WENT TO BED THAT NIGHT?

# 80 A:

I WENT TO BED A COUPLE MINUTES BEFORE 10:00 O'CLOCK.

# 81 Q:

NOW, YOUR BEDROOM -- DID YOUR APARTMENT HAVE AN UPSTAIRS AND A DOWNSTAIRS?

# 82 A:

YES.

# 83 Q:

AND WHERE WAS THE BEDROOM?

# 84 A:

UPSTAIRS.

# 85 Q:

SO WHEN YOU WENT TO BED, YOU WENT UPSTAIRS TO GO TO BED?

# 86 A:

YES, I DID.

# 87 Q:

DID SOMETHING AWAKEN YOU?

# 88 A:

YES.

# 89 Q:

WHAT?

# 90 A:

A VERY LOUD BARKING OF DOGS.

# 91 Q:

AND WHAT DID YOU DO WHEN THAT LOUD BARKING WOKE YOU UP?

# 92 A:

WELL, UMM, I WAS SLEEPING AND I HAD HEARD THE DOGS BARKING AND I TRIED TO GO BACK TO SLEEP AND I COULDN'T BECAUSE THE DOGS -- THE BARKING SEEMED TO BE VERY, VERY PERSISTENT, NONSTOP AND VERY, VERY LOUD AND IT ACTUALLY KEPT ME FROM FALLING BACK TO SLEEP.

# 93 Q:

COULD YOU TELL IF IT WAS ONE DOG OR TWO DOGS?

# 94 MR. COCHRAN:

OBJECTION. THAT ASSUMES A FACT NOT IN EVIDENCE.

# 95 THE COURT:

OVERRULED.

# 96 EVA STEIN:

UMM, WHEN I HAD FIRST AWOKEN OUT OF MY SLEEP, IT SOUNDED LIKE -- YOU KNOW, IT SOUNDED LIKE A FEW DOGS.

# 97 Q:

BY MS. CLARK: OKAY. COULD IT HAVE BEEN ONE, COULD YOU TELL.

# 98 MR. COCHRAN:

CALLS FOR SPECULATION, YOUR HONOR.

# 99 THE COURT:

OVERRULED. THE WAY IT'S PHRASED, IT'S COMPOUND HOWEVER.

# 100 MS. CLARK:

SORRY. THANK YOU, YOUR HONOR.

# 101 Q:

BY MS. CLARK: COULD YOU TELL FOR SURE WHETHER IT WAS ONE OR MORE DOGS?

# 102 A:

NO.

# 103 Q:

HAD YOU EVER HEARD BARKING THAT LOUD AND THAT INSISTENT IN THE NEIGHBORHOOD BEFORE?

# 104 A:

NOT AT THAT HOUR OF THE EVENING. IT'S A PRETTY QUIET AREA. I'VE NEVER REALLY HEARD, YOU KNOW, VERY MUCH BARKING.

KEY QUOTE

# 105 Q:

SO THE BARKING WOKE YOU UP AND YOU COULDN'T GO BACK TO SLEEP?

# 106 A:

NO, I COULDN'T GO BACK TO SLEEP BECAUSE IT JUST WAS VERY UNUSUALLY LOUD. IT WAS JUST LIKE A REGULAR BARK. IT JUST SEEMED VERY, YOU KNOW, LIKE INSISTENT LOUD BARK. IT JUST DIDN'T STOP AND I REMEMBER BEING VERY ANNOYED BECAUSE I COULDN'T FALL BACK TO SLEEP.

# 107 Q:

COULD YOU TELL OR DID YOU HAVE A SENSE OF WHERE THAT BARKING WAS COMING FROM, WHAT DIRECTION?

# 108 A:

WELL, FACING, YOU KNOW, THE ALLEY FROM MY BEDROOM, IT SEEMED TO BE COMING FROM THE LEFT A DISTANCE DOWN ON THE LEFT SIDE.

# 109 Q:

SO IF YOU WERE FACING THE ALLEY, IT WOULD BE TO YOUR LEFT?

# 110 A:

IT WOULD BE TO MY LEFT.

# 111 Q:

AND WOULD THAT BE SOUTH OF YOU?

# 112 A:

UMM, YES.

# 113 Q:

CAN YOU LOOK AT YOUR MONITOR? SEE WHERE THE CROSS IS?

# 114 A:

YES, I DO.

# 115 Q:

WOULD IT BE FROM THAT LOCATION THAT YOU HEARD THE BARKING COMING?

# 116 MR. COCHRAN:

LEADING AND SUGGESTIVE, YOUR HONOR. SHE SAID DISTANCE DOWN THE ALLEY. OBJECT TO THE FORM OF THE QUESTION.

# 117 THE COURT:

OVERRULED.

# 118 Q:

BY MS. CLARK: AND YOUR ANSWER WAS, WAS IT COMING FROM THAT AREA WHERE YOU SEE THE CROSS?

# 119 A:

IT SEEMED TO BE COMING -- YES, FROM THAT AREA, BUT LIKE, YOU KNOW, FURTHER DOWN.

# 120 Q:

HOW ABOUT THERE (INDICATING)?

# 121 A:

ALMOST FROM THE END OF THE ALLEY LIKE FROM WHERE THE STREET STARTS.

# 122 Q:

SEEMED TO BE COMING FROM --

# 123 MR. COCHRAN:

COULD WE HAVE THAT MARKED, YOUR HONOR, THE ALLEY WITH THE STREET?

# 124 MS. CLARK:

WELL, EXCUSE ME, YOUR HONOR. COULD COUNSEL ALLOW ME TO QUESTION THE WITNESS?

# 125 THE COURT:

COUNSEL, YOU CAN DO THAT ON CROSS-EXAMINATION IF YOU LIKE.

# 126 MS. CLARK:

COUNSEL WILL HAVE PLENTY OF TIME I'M SURE.

# 127 THE COURT:

YES.

# 128 MS. CLARK:

COULD YOU -- JONATHAN, COULD YOU MOVE IT DOWN FARTHER, PLEASE? THERE WE GO.

# 129 Q:

BY MS. CLARK: TELL US WHEN TO STOP.

# 130 A:

YES. AROUND -- AROUND THAT AREA (INDICATING).

# 131 MS. CLARK:

ALL RIGHT. COULD YOU PUT A CIRCLE THERE?

# 132 Q:

BY MS. CLARK: ALL RIGHT. NOW, THAT WAS A GENERAL SENSE OF DIRECTION?

# 133 A:

THAT WAS THE GENERAL SENSE, YES.

# 134 Q:

SO IT WOULD HAVE BEEN TO THE SOUTH OF WHERE YOU WERE?

# 135 A:

YES.

# 136 Q:

AT SOME POINT, DID MR. KARPF GET HOME?

# 137 A:

YES, HE DID.

# 138 Q:

WHEN HE DID, WAS THE DOG STILL BARKING?

# 139 A:

YES, IT WAS.

# 140 Q:

AND WHEN HE GOT HOME, ABOUT HOW LONG WAS THAT AFTER THE DOG BARKING WOKE YOU UP?

# 141 A:

IT WAS APPROXIMATELY HALF AN HOUR AFTER I WOKE UP.

# 142 Q:

HOW COULD YOU TELL WHEN MR. KARPF GOT HOME?

# 143 A:

I ASKED HIM WHAT TIME HE CAME HOME THE FOLLOWING DAY.

# 144 Q:

OKAY. AND HE TOLD YOU?

# 145 A:

QUARTER TO 11:00.

# 146 Q:

SO YOU BEGAN TO HEAR THE DOG BARK AT APPROXIMATELY 10:15?

# 147 A:

AT APPROXIMATELY 10:15.

# 148 Q:

NOW, DID YOU SEE -- DID YOU SEE MR. KARPF WHEN HE GOT HOME THAT NIGHT?

# 149 A:

YES.

# 150 Q:

AND WHEN YOU SAW HIM, WHERE WAS THAT; UPSTAIRS OR DOWNSTAIRS?

# 151 A:

DOWNSTAIRS.

# 152 Q:

AND HAD HE -- DID YOU SEE ANYTHING IN HIS HANDS?

# 153 A:

NO.

# 154 Q:

WAS THE DOG STILL BARKING AT THAT POINT?

# 155 A:

I DON'T REMEMBER.

# 156 Q:

DID YOU EVER GO BACK TO SLEEP?

# 157 A:

I DID GO BACK UPSTAIRS AND I TRIED TO GO BACK TO SLEEP, UMM, KIND OF DOSED IN AND OUT, NOT REALLY, YOU KNOW, FELL BACK TO SLEEP.

# 158 Q:

AND WHY IS THAT?

# 159 A:

I JUST -- UMM, I JUST COULDN'T FALL BACK TO SLEEP.

# 160 Q:

WAS THERE SOMETHING PREVENTING YOU FROM FALLING BACK TO SLEEP?

# 161 A:

I THINK JUST BECAUSE I HAD BEEN ALREADY UP AND WAS WOKEN UP AND LOU HAD COME HOME, MY BOYFRIEND, AND I WAS JUST -- I GUESS I WAS JUST KIND OF WAITING FOR HIM TO COME UP AND NO OTHER REASON I COULD THINK OF.

# 162 Q:

WAS THERE ANY NOISE OUTSIDE?

# 163 A:

I DON'T REMEMBER.

# 164 Q:

DO YOU REMEMBER HEARING THE POLICE ARRIVE?

# 165 A:

YES, I DO.

# 166 Q:

AND WAS THAT -- HOW LONG WAS THAT APPROXIMATELY AFTER LOUIS GOT HOME?

# 167 A:

WELL, LOUIS STAYED DOWNSTAIRS FOR A WHILE AND CAME UP, YOU KNOW, CLOSE TO MIDNIGHT, AND THEN SOMETIME AFTER MIDNIGHT, I DON'T REMEMBER THE EXACT TIME, IS WHEN I STARTED -- WHEN I HEARD THE POLICE COME AND ALL THE COMMOTION IN THE ALLEY, YOU KNOW, JUST FROM THE POLICE CARS.

# 168 Q:

SO IT WAS SOMETIME AROUND MIDNIGHT, AFTER MIDNIGHT?

# 169 A:

AFTER MIDNIGHT.

# 170 Q:

AND DID YOU AND LOUIS HAVE A CONVERSATION ABOUT A DOG THAT HE SAW THAT NIGHT?

# 171 A:

NO.

# 172 Q:

WAS IT AFTER THAT? DID HE AT SOME POINT TELL YOU ABOUT A DOG HE HAD SAW THAT NIGHT?

# 173 A:

YES. THE NEXT DAY AFTER WE FOUND OUT WHAT HAPPENED.

# 174 Q:

WHAT DID HE TELL YOU?

# 175 MR. COCHRAN:

HEARSAY, YOUR HONOR.

# 176 THE COURT:

SUSTAINED.

# 177 Q:

BY MS. CLARK: AS OF JUNE THE 12TH, 1994, HOW LONG HAD YOU BEEN LIVING THERE?

# 178 A:

APPROXIMATELY A YEAR.

# 179 Q:

AND HAD YOU EVER HEARD A DOG BARKING LIKE THAT BEFORE?

# 180 A:

NOT IN THAT -- NOT IN THAT INTENSE WAY, NO. I MEAN I'VE HEARD DOGS BARKING IN THE NEIGHBORHOOD, BUT NOT AS INTENSE AS I HEARD IT THAT EVENING AND NONSTOP LIKE THAT.

KEY QUOTE

# 181 Q:

THANK YOU, MISS STEIN.

# 182 THE COURT:

MR. COCHRAN.

# 183 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 184

CROSS-EXAMINATION

# 185

BY MR. COCHRAN:

# 186 Q:

GOOD MORNING, MISS STEIN.

# 187 A:

GOOD MORNING.

# 188 Q:

I WOULD LIKE TO ASK YOU JUST A FEW QUESTIONS IF I MIGHT. YOU LIVED AT A HOUSE JUST NORTH OF THE 875 SOUTH BUNDY RESIDENCE AT 873; IS THAT CORRECT?

# 189 A:

YES, THAT IS.

# 190 Q:

AND AS I UNDERSTAND YOUR TESTIMONY, MISS STEIN, THE BEDROOM WINDOW OF YOUR RESIDENCE FACES WEST KIND OF LOOKING OVER THIS ALLEY WE SEE DEPICTED ON PEOPLE'S 38 I GUESS; IS THAT CORRECT?

# 191 A:

YES. THE BEDROOM FACES OVER THE ALLEY.

# 192 Q:

AND YOU RECALL TALKING WITH THE POLICE IN CONNECTION WITH WHAT YOU HAD OBSERVED ON JUNE 12TH, 1994 BACK ON 11-9-94? DO YOU RECALL TALKING TO THE POLICE OFFICERS?

# 193 A:

I RECALL TALKING TO TWO.

# 194 Q:

TO SOME POLICE OFFICERS ABOUT WHAT YOU OBSERVED?

# 195 A:

AT MY WORK. THEY CAME TO MY WORK.

# 196 Q:

YES. IN FACT, YOU TALKED WITH THE INVESTIGATING OFFICERS IN THIS CASE, DETECTIVES LANGE AND VANNATTER; ISN'T THAT CORRECT?

# 197 A:

YES, THAT'S CORRECT.

# 198 Q:

AND THEY CAME TO YOUR PLACE OF WORK IN THE CITY OF VERNON?

# 199 A:

YES.

# 200 Q:

AND THEY SPOKE TO YOU; IS THAT CORRECT?

# 201 A:

YES.

# 202 Q:

AND WHEN YOU SPOKE TO THE OFFICERS, YOU OF COURSE TRIED TO BE AS ACCURATE AS YOU COULD; IS THAT CORRECT?

# 203 A:

YES.

# 204 Q:

AND YOU TOLD THEM WHAT YOU RECALL; IS THAT CORRECT?

# 205 A:

YES.

# 206 Q:

AND WOULD I BE CORRECT IN ASSUMING THAT IN NOVEMBER OF 1994, THE EVENTS WERE FRESHER IN YOUR MIND AT THAT TIME FOR THINGS THAT HAPPENED IN JUNE THAN THEY ARE NOW? IS THAT A FAIR STATEMENT?

# 207 A:

I ASSUME SO.

# 208 Q:

ALL RIGHT. NOW, WHEN TALKING TO DETECTIVES LANGE AND VANNATTER, YOU TOLD THEM, DID YOU NOT, THAT YOU WENT TO SLEEP BETWEEN 9:45 AND ABOUT 10:00 O'CLOCK -- OR STRIKE THAT. THAT YOU WENT -- YOU GOT INTO BED BY 9:45, BETWEEN THAT AND 10:00 O'CLOCK; IS THAT CORRECT?

# 209 A:

I DON'T RECALL SAYING I GOT INTO BED BETWEEN 9:45 AND 10:00 O'CLOCK. I RECALL SAYING THAT I WENT TO SLEEP AT APPROXIMATELY 10:00 O'CLOCK.

# 210 Q:

ALL RIGHT. WELL, LET ME --

# 211 MR. COCHRAN:

WELL, IF I MIGHT APPROACH, YOUR HONOR.

# 212 THE COURT:

SURE.

# 213 MR. COCHRAN:

REFERRING TO PAGE 1371.

# 214 Q:

BY MR. COCHRAN: I'M JUST GOING TO ASK YOU JUST TO REVIEW A CERTAIN PORTION OF THE REPORT TO SEE IF IT MIGHT REFRESH YOUR RECOLLECTION. WILL YOU READ THIS FIRST PART TO YOURSELF? WHY DON'T YOU READ FROM HERE TO HERE, JUST READ THAT PART (INDICATING). THANK YOU.

# 215 A:

(THE WITNESS COMPLIES).

# 216 Q:

YOU READ THAT NOW?

# 217 A:

YES.

# 218 Q:

AND DOES THAT TEND TO REFRESH YOUR RECOLLECTION THAT YOU INDICATED TO THE POLICE THAT YOU RETIRED TO THE UPSTAIRS BEDROOM AND WENT TO SLEEP BETWEEN 10:45 AND 10:00 O'CLOCK P.M. ON JUNE 12TH?

# 219 A:

IT DOES NOT REFRESH MY MEMORY ABOUT THE EXACT WORDS THAT I USED.

# 220 Q:

ALL RIGHT. YOU -- IT DOES NOT REFRESH YOUR RECOLLECTION?

# 221 A:

OF THE EXACT WORDS THAT I USED.

# 222 Q:

OKAY. BUT --

# 223 THE COURT:

EXCUSE ME, COUNSEL. DID YOU MISSPEAK YOURSELF WHEN YOU SAID BETWEEN 10:45 AND 10:00 O'CLOCK?

# 224 MR. COCHRAN:

I'M SORRY. I PERHAPS DID, YOUR HONOR. I INTENDED TO SAY BETWEEN 9:45 -- THANK YOU, YOUR HONOR -- AND 10:00 O'CLOCK P.M. ON JUNE 12TH.

# 225 Q:

BY MR. COCHRAN: DOES THAT REFRESH YOUR RECOLLECTION AT ALL?

# 226 A:

I REMEMBER SAYING THAT I WENT TO SLEEP APPROXIMATELY 10:00 O'CLOCK. I DON'T REMEMBER THE EXACT WORDS THAT I USED.

# 227 Q:

OKAY. SO ABOUT 10:00 O'CLOCK WOULD BE ACCURATE?

# 228 A:

YES.

# 229 Q:

OKAY. AND WHEN YOU WENT TO SLEEP, YOU DIDN'T HEAR ANY DOGS BARKING AT THAT POINT, DID YOU?

# 230 A:

NO.

# 231 Q:

OKAY. NOW, DID YOU THEN TELL THE POLICE OFFICERS THAT SOMETIME BETWEEN 10:15 P.M. AND 10:45 P.M., YOU WERE AWAKENED BY WHAT YOU DESCRIBED AS, QUOTE, INTENSE BARKING BY A, QUOTE, A FEW DOGS?

# 232 A:

YES.

# 233 Q:

ALL RIGHT. AND THAT'S WHAT YOU TOLD THEM, ISN'T IT?

# 234 A:

YES.

# 235 Q:

AND AT SOME TIME BETWEEN 10:15 AND 10:45, YOU WERE AWAKENED BY THIS INTENSE BARKING BY A FEW DOGS, RIGHT?

# 236 A:

YES.

# 237 Q:

ALL RIGHT. AND YOU WENT ON TO TELL THE POLICE, DID YOU NOT, THAT YOU HAD NEVER HEARD THIS MUCH BARKING OF DOGS IN THE NEIGHBORHOOD BEFORE THAT PARTICULAR NIGHT?

# 238 A:

THAT'S CORRECT.

# 239 Q:

IS THAT CORRECT? ALL RIGHT. THAT AFTER YOU WERE AWAKENED, YOUR FIANCE', MR. KARPF RETURNED TO THE RESIDENCE APPROXIMATELY 30 TO 45 MINUTES AFTER YOU WERE AWAKENED BY THESE BARKING DOGS.

# 240 A:

CORRECT.

# 241 Q:

IS THAT CORRECT?

# 242 A:

YES, IT IS.

# 243 Q:

ALL RIGHT. HE CAME UPSTAIRS AND CHANGED AND HE WENT TO BED ULTIMATELY; IS THAT RIGHT?

# 244 A:

YES.

# 245 Q:

ALL RIGHT. NOW, AT ANY TIME THAT EVENING, DID YOU HEAR ANY SCREAMS OR ANY SOUNDS ANYWHERE IN THAT AREA?

KEY QUOTE

# 246 A:

NO.

# 247 Q:

YOU NEVER HEARD ANY SCREAMS OR ANY SOUNDS OR ANYTHING?

# 248 A:

NO.

# 249 Q:

AND THESE DOGS THAT YOU HEARD BARKING, IT'S YOUR BEST RECOLLECTION THAT THE SOUND OF THESE DOGS BARKING CAME SOMEWHERE SOUTH OF YOUR LOCATION NEAR THE INTERSECTION OF DOROTHY AND BUNDY; IS THAT CORRECT?

# 250 A:

YES, THAT'S CORRECT.

# 251 Q:

AND --

# 252 MR. COCHRAN:

CAN I HAVE A SECOND, YOUR HONOR?

# 253 THE COURT:

SURE.

# 254 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL AND MR. FAIRTLOUGH.)

# 255 Q:

BY MR. COCHRAN: AND THE AREA HERE -- YOU CAN SEE THAT ON YOUR MONITOR, CAN YOU? WHERE THAT CIRCLE IS, THAT IS WHERE, THE GENERAL AREA WHERE YOU BELIEVE THAT THERE WAS THE BARKING DOG; IS THAT CORRECT?

# 256 A:

YES, THE GENERAL AREA.

# 257 Q:

AND IF YOU COULD TELL FROM THAT LOCATION, IF YOU COULD TELL, IS DOROTHY SOMEWHERE RIGHT AROUND IN THIS AREA (INDICATING)? IS THAT NEAR THE END OF THE STREET?

# 258 A:

YES.

# 259 Q:

ALL RIGHT. AND THAT'S ABOUT THE LOCATION AS YOU UNDERSTOOD IT?

# 260 A:

YES.

# 261 Q:

NOW, WHEN YOU HEARD THESE BARKING DOGS, THE INTENSE BARKING DOGS, YOU NEVER GOT UP AND LOOKED OUT THE WINDOW; IS THAT CORRECT?

# 262 A:

NO, I DID NOT.

# 263 Q:

AND YOU NEVER SAW ANY OF THESE DOGS?

# 264 A:

NO.

# 265 Q:

YOU HAVE HEARD DOGS BARKING IN THAT NEIGHBORHOOD BEFORE, BUT NOT TO THIS INTENSITY; IS THAT CORRECT?

# 266 A:

RIGHT.

# 267 Q:

ALL RIGHT. DO YOU KNOW ABOUT WHAT TIME IT WAS THAT YOU BECAME AWARE THERE WAS SOME ACTIVITY IN THE ALLEYWAY BEHIND YOUR RESIDENCE? DO YOU KNOW WHAT TIME IT WAS?

# 268 A:

YOU MEAN AS FAR AS THE POLICE COMING THERE?

# 269 Q:

YES, AS FAR AS THE POLICE.

# 270 A:

I DON'T KNOW THE EXACT TIME. I KNOW THAT IT WAS AFTER MIDNIGHT, BUT I DO NOT KNOW THE EXACT TIME.

# 271 Q:

ALL RIGHT. SOMETIME AFTER MIDNIGHT; IS THAT CORRECT? DID YOU GET UP AND GO LOOK OUTSIDE?

# 272 A:

YES, I DID.

# 273 Q:

YOU SAW POLICE CARS OUT THERE?

# 274 A:

I SAW POLICE CAR DOWNSTAIRS, RIGHT.

# 275 Q:

DID YOU SEE ANY OTHER CARS OTHER THAN THE POLICE CAR?

# 276 A:

NO. JUST THE POLICE CARS.

KEY QUOTE

# 277 Q:

AND YOU DIDN'T --

# 278 A:

ACTUALLY ONE POLICE CAR.

# 279 Q:

ONE POLICE CAR? AND YOU DIDN'T TALK TO THE POLICE THAT NIGHT, DID YOU?

# 280 A:

NO.

# 281 Q:

DID THEY COME AND TRY TO TALK TO YOU THE NEXT MORNING AT ALL?

# 282 A:

NO.

# 283 Q:

ALL RIGHT. SO IT WASN'T UNTIL NOVEMBER THAT YOU SPEAK TO THE POLICE; IS THAT RIGHT?

# 284 A:

RIGHT.

# 285 Q:

THAT'S WHEN LANGE AND VANNATTER CAME OUT TO TALK TO YOU AT YOUR PLACE OF BUSINESS; IS THAT RIGHT?

# 286 A:

THAT'S RIGHT.

# 287 Q:

AS BEST YOU CAN TELL, MR. KARPF CAME HOME FROM THIS TRIP TO SAN JOSE SOMETIME BETWEEN 10:50 P.M. AND 11:00 O'CLOCK P.M.; ISN'T THAT CORRECT?

# 288 A:

I ASKED MR. KARPF WHAT TIME HE GOT HOME AFTER WE FOUND OUT ABOUT THE INCIDENT.

# 289 Q:

YES, MA'AM.

# 290 A:

AND HE SAID THAT HE CAME HOME ABOUT QUARTER TO 11:00 IS WHAT HE TOLD ME.

# 291 Q:

SO ABOUT 10:45 IS YOUR BEST THOUGHT?

# 292 A:

YES, ACCORDING TO WHAT HE TOLD ME.

# 293 Q:

AND THAT WAS DURING THE TIME THAT YOU HAD BEEN SLEEPING; IS THAT CORRECT?

# 294 MS. CLARK:

OBJECTION. MISSTATES THE TESTIMONY.

# 295 MR. COCHRAN:

I'M ASKING, I'M NOT MISSTATING THE TESTIMONY.

# 296 THE COURT:

OVERRULED.

# 297 EVA STEIN:

WELL, BY THE TIME HE CAME OVER, I WAS ALREADY AWAKE.

# 298 Q:

BY MR. COCHRAN: ALL RIGHT. SO IF YOU SLEPT BETWEEN 10:15 AND 10:45 AND WERE AWAKENED BY THE BARKING DOGS AT 10:45, RIGHT, YOU WERE ALREADY AWAKE, RIGHT?

# 299 A:

I WAS AWAKE WHEN HE GOT HOME.

# 300 Q:

AND HAVE YOU SEEN THIS STATEMENT TO THE POLICE ABOUT WHAT TIME HE ARRIVED HOME?

# 301 A:

NO.

# 302 Q:

BUT IT IS YOUR RECOLLECTION THAT YOU WERE AWAKE BY THE TIME HE ACTUALLY GOT IN?

# 303 A:

I WAS DEFINITELY AWAKE BY THE TIME HE WAS HOME. I HAD BEEN AWAKE FOR SOME TIME.

# 304 Q:

HOW LONG?

# 305 A:

IT SEEMED APPROXIMATELY A HALF AN HOUR.

# 306 Q:

SO COULD HE HAVE GOTTEN HOME LATER, PERHAPS 11:15?

# 307 A:

I DON'T THINK SO.

# 308 Q:

YOU DIDN'T LOOK AT A CLOCK HOWEVER?

# 309 A:

THE ONLY TIME I LOOKED AT A CLOCK IS RIGHT BEFORE I WENT TO SLEEP.

KEY QUOTE

# 310 Q:

AND THAT WAS AT WHAT TIME?

# 311 A:

THAT WAS A FEW MINUTES BEFORE 10:00 O'CLOCK.

# 312 Q:

ALL RIGHT. AND THAT WAS THE ONLY TIME YOU LOOKED AT IT?

# 313 A:

THAT WAS THE ONLY TIME.

# 314 MR. COCHRAN:

OKAY. THANK YOU VERY KINDLY. THANK YOU, YOUR HONOR.

# 315 THE COURT:

MISS CLARK, DO YOU HAVE ANY REDIRECT?

# 316 MS. CLARK:

JUST VERY BRIEFLY.

# 317

REDIRECT EXAMINATION

# 318

BY MS. CLARK:

# 319 Q:

SO YOUR MOST ACCURATE STATEMENT OF TIME IS THAT YOU WERE AWAKE FOR HALF AN HOUR BY THE TIME LOUIS CAME HOME?

# 320 A:

YES, APPROXIMATELY HALF AN HOUR.

# 321 Q:

IT FELT LIKE THAT?

# 322 A:

IT FELT LIKE THAT.

# 323 Q:

AND YOU FEEL CERTAIN OF THAT?

# 324 A:

IT JUST FELT LIKE ABOUT HALF AN HOUR.

# 325 Q:

OKAY. AND WHEN HE CAME HOME, THAT WAS HALF AN HOUR AFTER YOU HEARD THE DOG START BARKING?

# 326 A:

YES.

# 327 Q:

AND THEN YOU LEARNED THAT HE CAME HOME AT 10:45 APPROXIMATELY?

# 328 A:

YES.

# 329 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION.

# 330 THE COURT:

OVERRULED.

# 331 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 332 MS. CLARK:

NOTHING FURTHER.

# 333 THE COURT:

RECROSS.

# 334 MR. COCHRAN:

I HAVE NOTHING FURTHER. THIS LADY MAY BE EXCUSED.

Temperature

procedural

Key Quotes (5)

Eva Stein

THE BARKING SEEMED TO BE VERY, VERY PERSISTENT, NONSTOP AND VERY, VERY LOUD AND IT ACTUALLY KEPT ME FROM FALLING BACK TO SLEEP.

Establishes that the barking was distinctive and memorable, lending credibility to her time estimate and supporting the prosecution's timeline.

Eva Stein

NOT AT THAT HOUR OF THE EVENING. IT'S A PRETTY QUIET AREA. I'VE NEVER REALLY HEARD, YOU KNOW, VERY MUCH BARKING.

Underscores that this was an anomalous event, consistent with the Akita reacting to the murders.

Johnnie Cochran

AT ANY TIME THAT EVENING, DID YOU HEAR ANY SCREAMS OR ANY SOUNDS ANYWHERE IN THAT AREA?

Defense point: if the murders were violent, a nearby neighbor heard nothing — cutting against any theory of prolonged struggle or audible attack.

Eva Stein

NO.

Her flat denial of hearing any screams is favorable to the defense, suggesting the crimes were swift and silent.

Eva Stein

THE ONLY TIME I LOOKED AT A CLOCK IS RIGHT BEFORE I WENT TO SLEEP... THAT WAS A FEW MINUTES BEFORE 10:00 O'CLOCK.

Cochran's key cross point: all of her timing is estimated, not clock-verified, leaving room to push the murder timeline later.

Evidence (4)

People's 26

Large board/map depicting the Bundy/Dorothy intersection showing the relative positions of 875 and 873 South Bundy

discussed, used for orientation

People's 38

Photograph of the back alley behind 875 South Bundy, displayed on courtroom monitor with laser pointer

introduced, annotated with circle marking approximate direction of dog barking

People's 38-A

Printed version of People's 38 with the annotated circle preserved

designated by Judge Ito for the record

Informal

Police report page 1371 (Lange and Vannatter interview, November 9, 1994) used to refresh witness recollection about her bedtime

shown to witness; she said it did not refresh her recollection of exact words used

Notable Exchanges (3)

Johnnie Cochran•Eva Stein

Cochran systematically walked Stein through every time estimate she gave and got her to confirm she never looked at a clock after 10:00 PM — undercutting the precision of her '10:15' barking estimate and leaving open the possibility the barking (and murders) occurred closer to 10:45.

strategic

Johnnie Cochran•Lance A. Ito

Cochran misspoke, saying 'between 10:45 and 10:00 o'clock' when questioning about the police report; Ito corrected him mid-question. Cochran thanked the judge.

procedural

Marcia Clark•Johnnie Cochran

Cochran interrupted Clark's direct examination to ask that a location on the monitor be marked; Clark pushed back and Ito told Cochran to wait for cross. Clark added pointedly: 'Counsel will have plenty of time I'm sure.'

tense

Light Moments (1)

Marcia Clark

When Judge Ito called 'Miss Stein' to the stand, Marcia Clark joked 'I thought you were calling me.'

Credibility Attacks (2)

⚔ Eva Stein

prior inconsistent statement / memory freshness

Cochran showed Stein the November 1994 police report to challenge her bedtime estimate and elicit that her recollections were sharper closer to the event, subtly implying her current testimony may have drifted. She resisted, saying the report did not refresh her recollection of her 'exact words.'

⚔ Eva Stein

lack of independent clock verification

Cochran established on cross that Stein checked the clock only once (before sleeping at ~10:00 PM) and estimated all subsequent times — including the critical 10:15 barking start — without any clock reference, leaving her timeline open to challenge.

Witness Demeanor

Witness self-described as nervous at the start of testimony.

Witness answered hesitantly with 'umm' and hedging language throughout, consistent with genuine uncertainty about times.

Witness complied when asked to read a portion of the police report silently.

Objections

6 objections (1 sustained, 5 overruled)

Proceeding 4701 • 334 utterances • Prosecution witness

Criminal Trial

Department 103