Redirect examination of Steven Schwab

📄 Redirect examination of Steven Schwab — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\REDIRECT-EXAMINATION-OF-STEVEN.DOC

TRIAL

▲ Day 15 of 167

◀ Cross-examination of Steven Schwab (part 2) Direct examination of Sukru Boztepe ▶

Witness: Steven Schwab
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, February 8, 1995 • Utterances: 68

Marcia Clark uses redirect to rehabilitate Steven Schwab by reading back his consistent testimony from the July 1994 preliminary hearing, confirming his timeline: he left his apartment shortly after 10:30 PM, reached Gretna Green at approximately 10:37 PM, and returned home around 11:05 PM when the Akita had calmed down. Clark also establishes that Schwab was confused and disoriented when officers came to his door at 5:00 AM on June 13th — context for any inconsistencies in his early statement.

# 1 THE COURT:

ANY REDIRECT, MISS CLARK?

# 2 MS. CLARK:

YES, BRIEFLY. THANK YOU, YOUR HONOR.

# 3

REDIRECT EXAMINATION

# 4

BY MS. CLARK:

# 5 Q:

MR. SCHWAB, YOU TESTIFIED AT A PRELIMINARY HEARING BACK IN JULY OF 1994, DIDN'T YOU?

# 6 A:

YES.

# 7 Q:

DO YOU RECALL THAT?

# 8 A:

YES, I DO.

# 9 Q:

AND AT THAT TIME, YOU WERE ASKED QUESTIONS VERY SIMILAR TO THE ONES YOU WERE ASKED TODAY; IS THAT RIGHT?

# 10 A:

YES.

# 11 Q:

I'M GOING TO READ A COUPLE OF QUESTIONS AND ANSWERS TO YOU FROM THE TRANSCRIPT OF THE PRELIMINARY HEARING AND ASK YOU IF YOU REMEMBER GIVING THE ANSWERS THAT I'M GOING TO READ TO YOU TO THE QUESTIONS THAT I WILL ALSO READ TO YOU.

# 12 MS. CLARK:

COUNSEL, PAGE 35.

# 13 MR. DOUGLAS:

LINE?

# 14 MS. CLARK:

LINE 15.

# 15 Q:

BY MS. CLARK:

"QUESTION: DURING THE WEEK, WHAT TIME DO YOU USUALLY WALK YOUR DOG AT NIGHT?

"ANSWER: I USUALLY LEAVE THE HOUSE AT 11:30. THAT'S DURING THE WEEK. I GENERALLY WATCH THE DICK VAN DYKE SHOW AND THEN WALK MY DOG, AND DURING THE WEEK, THAT'S ON BETWEEN 11:00 AND 11:30.

"QUESTION: AND ON SUNDAY NIGHTS?

"ANSWER: WELL, THE DICK VAN DYKE SHOW IS ALSO ON, BUT IT'S ON AN HOUR EARLIER. SO I WATCH THE DICK VAN DYKE SHOW, ON SUNDAY EVENING, I WATCH IT BETWEEN 10:00 AND 10:30 AND THEN I GO TO WALK MY DOG.

"QUESTION: NOW, JUNE THE 12TH WAS A SUNDAY, SIR?

"ANSWER: YES, IT WAS.

"QUESTION: DID YOU WATCH THE DICK VAN DYKE SHOW THAT NIGHT?

"ANSWER: YES, I DID. "QUESTION: AND THAT WAS AT WHAT TIME THAT YOU WATCHED THAT SHOW?

"ANSWER: I WATCHED THAT SHOW BETWEEN 10:00 AND 10:30.

"QUESTION: DID YOU WATCH THE ENTIRE SHOW, SIR?

"ANSWER: YES, I DID.

"QUESTION: AND WHAT TIME DID THAT SHOW END?

"ANSWER: THAT ENDS JUST PRIOR TO 10:30. "QUESTION: DID YOU WALK THE DOG THAT NIGHT AFTER YOU WATCHED THE SHOW?

"ANSWER: YES. AS SOON AS THE SHOW WAS OVER, I GOT MY DOG, PUT HER ON LEASH AND TOOK HER FOR A WALK.

"QUESTION: ON THE NIGHT OF JUNE THE 12TH, THAT SUNDAY NIGHT, ABOUT WHAT TIME DID YOU LEAVE YOUR APARTMENT TO WALK YOUR DOG?

"ANSWER: SHORTLY AFTER 10:30, BETWEEN 10:30 AND 10:35. IT WAS CLOSER TO 10:30." DO YOU RECALL THOSE QUESTIONS AND YOUR GIVING THOSE ANSWERS?

# 16 A:

YES.

# 17 Q:

IS THAT STILL YOUR TESTIMONY TODAY, SIR?

# 18 A:

YES, IT IS.

# 19 Q:

AND THAT WAS BACK IN JULY OF 1994?

# 20 A:

THAT'S CORRECT.

# 21 MS. CLARK:

COUNSEL, DIRECTING COUNSEL'S ATTENTION TO PAGE 37.

# 22 MR. DOUGLAS:

WHAT LINE?

# 23 MS. CLARK:

# 24 MR. DOUGLAS:

AND TO WHAT?

# 25 MS. CLARK:

TILL 21 OR ACTUALLY 26.

# 26 Q:

BY MS. CLARK:

"QUESTION: HOW LONG DID IT TAKE YOU TO GET TO GRETNA GREEN?

"ANSWER: WELL, I LOOKED AT MY WATCH WHEN I TURNED TO GO DOWN GRETNA GREEN, AND THAT WAS 10:37. I REMEMBER THAT MY DOG HAD TAKEN CARE OF ITS BUSINESS AND I WAS DECIDING WHETHER TO RETURN HOME OR CONTINUE WALKING. IT WAS A NICE NIGHT, SO I DECIDED TO CONTINUE WALKING.

"QUESTION: SO WHAT TIME WAS IT ABOUT WHEN YOU GOT TO GRETNA GREEN?

"ANSWER: 10:37.

"QUESTION: 10:37. YOU KNOW THAT EXACTLY?

"ANSWER: WELL, BETWEEN 10:35 AND 10:40. I WAS JUST NOT EXACT BECAUSE I DON'T HAVE A DIGITAL WATCH, BUT IT WAS BETWEEN 10:35 AND 10:40.

"QUESTION: WERE YOU WEARING A WATCH AT ALL?

"ANSWER: YES, I WAS WEARING A WATCH.

"QUESTION: A REGULAR WATCH, NOT THE DIGITAL KIND?

"ANSWER: NOT THE DIGITAL. IN FACT, I'M WEARING IT NOW. IT'S A REGULAR WATCH." BY THE WAY, ARE YOU WEARING IT NOW?

# 27 A:

YES. YES, I AM.

# 28 Q:

FIRST OF ALL, SIR, DO YOU RECOGNIZE THOSE QUESTIONS AND THOSE ANSWERS?

# 29 A:

YES, I DO.

# 30 Q:

WERE THOSE THE ANSWERS GIVEN IN RESPONSE TO THE QUESTIONS I READ TO YOU AT THE PRELIMINARY HEARING IN JULY OF 1994?

# 31 A:

YES.

# 32 Q:

AND THAT IS STILL YOUR TESTIMONY?

# 33 A:

YES.

# 34 MS. CLARK:

AND ON CROSS-EXAMINATION, COUNSEL, AT PAGE 61, LINE 12.

# 35 MR. DOUGLAS:

TO WHAT?

# 36 MS. CLARK:

TO LINE 19.

# 37 MR. DOUGLAS:

NO OBJECTION.

# 38 Q:

BY MS. CLARK:

"QUESTION: NOW, YOU INDICATE YOU GOT HOME THEN ABOUT 11:05?

"ANSWER: THAT'S CORRECT.

"QUESTION: HAD THE DOG, THE AKITA DOG STOPPED BARKING BY THAT TIME?

"ANSWER: YEAH. THE DOG SEEMED TO HAVE CALMED DOWN CONSIDERABLY BY THAT TIME. IT AGAIN FOLLOWED ME RIGHT UP THE STAIRS RIGHT TO MY FRONT DOOR." DO YOU RECALL GIVING THOSE ANSWERS TO THOSE QUESTIONS BACK IN JULY OF 1994 AT THE PRELIMINARY HEARING?

# 39 A:

YES, I DO.

# 40 Q:

AND THAT'S STILL YOUR TESTIMONY, SIR?

# 41 A:

YES.

# 42 Q:

AND AGAIN, AT THE PRELIMINARY HEARING, DID YOU ALSO DESCRIBE YOUR STATE OF MIND WHEN THE OFFICERS CAME TO TAKE YOUR TESTIMONY ON THE MORNING OF AT 5:00 -- APPROXIMATELY 5:00 A.M. IN THE MORNING OF JUNE THE 13TH?

# 43 MR. DOUGLAS:

OUTSIDE THE SCOPE, YOUR HONOR. OBJECTION.

# 44 THE COURT:

SUSTAINED.

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

# 46 MS. CLARK:

YOUR HONOR, COULD WE APPROACH, PLEASE?

# 47 THE COURT:

SURE.

# 48 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 49 MS. CLARK:

YOUR HONOR, MR. DOUGLAS WENT INTO THIS AT GREAT LENGTH, JUNE -- THE DATE OF JUNE THE 17TH BEING ON THE REPORT AND WHEN HE -- HOW HE GAVE THE STATEMENT AND WHAT CONDITION HE GAVE THE STATEMENT WITH ALL THE OTHER PEOPLE PRESENT AT 5:00 IN THE MORNING, AND I'M SIMPLY -- IT'S CERTAINLY NOT OUTSIDE THE SCOPE.

# 50 MR. DOUGLAS:

I DIDN'T SAY ANYTHING ABOUT HIS STATE OF MIND. I ASKED HIM ABOUT INACCURACIES IN THE STATEMENT. I SAID NOTHING ABOUT WHETHER HE WAS CONFUSED OR MISTAKEN OR ANYTHING.

# 51 THE COURT:

THAT IS THE SUBJECT? OBJECTION OVERRULED.

# 52 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 53 THE COURT:

THANK YOU, COUNSEL. PROCEED.

# 54 MS. CLARK:

IS THAT OBJECTION OVERRULED, YOUR HONOR?

# 55 THE COURT:

PROCEED.

# 56 Q:

BY MS. CLARK: ALL RIGHT, SIR. ALL RIGHT, SIR. AT THE PRELIMINARY HEARING, YOU DESCRIBED YOUR STATE OF MIND WHEN THE OFFICERS CAME TO YOUR DOOR AT APPROXIMATELY 5:00 A.M. ON JUNE THE 13TH?

# 57 A:

YES.

# 58 Q:

AND YOU'VE DESCRIBED YOUR CONFUSION AND DISORIENTATION --

# 59 MR. DOUGLAS:

OBJECTION. LEADING, YOUR HONOR.

# 60 THE COURT:

OVERRULED.

# 61 Q:

BY MS. CLARK: -- AT THAT SAME TIME AT THE PRELIMINARY HEARING BACK IN JULY 1994?

# 62 A:

YES.

# 63 Q:

AS YOU HAVE TODAY HERE, SIR?

# 64 A:

YES.

# 65 MS. CLARK:

THANK YOU. I HAVE NOTHING FURTHER.

# 66 THE COURT:

MR. DOUGLAS?

# 67 MR. DOUGLAS:

NO QUESTIONS, THANK YOU.

# 68 THE COURT:

MR. SCHWAB, THAT CONCLUDES YOUR TESTIMONY FOR TODAY. I'M GOING TO ASK YOU NOT TO DISCUSS YOUR TESTIMONY WITH ANYBODY ELSE OTHER THAN THE LAWYERS IN THE CASE UNTIL THE MATTER IS CONCLUDED. THANK YOU VERY MUCH, SIR. AND, MISS CLARK, YOU HAVE A REPORT THAT IS UP HERE ON THE WITNESS STAND. ALL RIGHT. WHO IS THE PEOPLE'S NEXT WITNESS?

Temperature

procedural

Key Quotes (3)

Steven Schwab

I LOOKED AT MY WATCH WHEN I TURNED TO GO DOWN GRETNA GREEN, AND THAT WAS 10:37.

Pins the witness to a precise time at the location where he encountered the wandering Akita, anchoring the prosecution's timeline.

Steven Schwab

I WATCHED THAT SHOW BETWEEN 10:00 AND 10:30... AS SOON AS THE SHOW WAS OVER, I GOT MY DOG, PUT HER ON LEASH AND TOOK HER FOR A WALK.

The Dick Van Dyke Show anchors his departure time independently of his watch — a consistent, corroborated timeline detail.

Steven Schwab

THE DOG SEEMED TO HAVE CALMED DOWN CONSIDERABLY BY THAT TIME. IT AGAIN FOLLOWED ME RIGHT UP THE STAIRS RIGHT TO MY FRONT DOOR.

Places the Akita following Schwab home at approximately 11:05 PM, helping establish the outer bound on when the murders could have occurred.

Evidence (1)

Informal

Transcript of Steven Schwab's testimony from the preliminary hearing, July 1994

Read into the record to confirm prior consistent statements on timeline and watch-reading

Notable Exchanges (1)

Marcia Clark•Carl Douglas•Judge Ito

Clark's question about Schwab's state of mind when officers arrived at 5 AM was initially sustained as outside the scope, then overruled after a bench conference where Clark argued Douglas had opened the door by questioning report inaccuracies.

strategic

Light Moments (1)

Marcia Clark

Clark asks mid-reading 'BY THE WAY, ARE YOU WEARING IT NOW?' — a spontaneous aside about Schwab's non-digital watch, which he confirmed he was wearing at that very moment.

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 4760 • 68 utterances • Prosecution witness

Criminal Trial

Department 103