Cross-examination of Sharyn Gilbert

📄 Cross-examination of Sharyn Gilbert — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\CROSS-EXAMINATION-OF-SHARYN-GI.DOC

TRIAL

▲ Day 9 of 167

◀ Direct examination of Sharyn Gilbert (part 2) Redirect examination of Sharyn Gilbert ▶

Witness: Sharon Gilbert
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, January 31, 1995 • Utterances: 113

Cochran cross-examined Sharyn Gilbert, the 911 dispatcher who handled the January 1, 1989 New Year's Day call from the Simpson residence at 360 North Rockingham. Cochran methodically established that Gilbert never spoke to anyone at the location, that the sounds on the tape she attributed to violence could have other explanations (her own typing, radio static), and that her written conclusion of 'female being beaten' was merely her interpretation of what she heard — not confirmed knowledge of what actually occurred.

# 1 THE COURT:

MR. COCHRAN.

# 2 MR. COCHRAN:

HE CAN LEAVE THAT UP, IF HE WOULD, THE ELMO.

# 3

CROSS-EXAMINATION

# 4

BY MR. COCHRAN:

# 5 Q:

GOOD MORNING, MISS GILBERT.

# 6 A:

GOOD MORNING.

# 7 Q:

I WOULD LIKE TO ASK YOU A FEW QUESTIONS IF I MIGHT. THE DATE OF THIS INCIDENT WAS BACK IN 1989; IS THAT CORRECT?

# 8 A:

YES.

# 9 Q:

THAT WAS JANUARY 1ST?

# 10 A:

YES.

# 11 Q:

WAS THAT JANUARY 1ST, 1989, AT ABOUT 3:58 IN THE MORNING SO THAT WOULD BE NEW YEAR'S DAY MORNING; IS THAT CORRECT?

# 12 A:

NEW YEAR'S DAY MORNING, YES.

# 13 Q:

ALL RIGHT. AS I UNDERSTAND WHAT YOU HAVE INDICATED TO US, YOU RECEIVED THIS CALL THROUGH THE OPEN LINE; IS THAT CORRECT?

# 14 A:

YES.

# 15 Q:

AND YOU WERE SITTING AT YOUR CONSOLE AND BEING 911, YOU STARTED TO PAY ATTENTION TO THAT CALL, TO LISTEN TO IT AND THEN YOU MADE SOME REACTION; IS THAT CORRECT?

# 16 A:

RIGHT.

# 17 Q:

NOW, FROM WHAT YOU TOLD MR. DARDEN, YOU NEVER HAD A CONVERSATION WITH ANY FEMALE AT THAT LOCATION AT 360 NORTH ROCKINGHAM; IS THAT CORRECT?

# 18 A:

THAT'S CORRECT.

# 19 Q:

AND WHERE WE SEE "APARTMENT" UP THERE, THE -- TO THE RIGHT OF YOUR STATEMENT --

# 20 A:

RIGHT.

# 21 Q:

-- THAT WAS A MISTAKE BECAUSE YOUR PREVIOUS CALL HAD BEEN TO AN APARTMENT; IS THAT CORRECT?

# 22 A:

RIGHT.

# 23 Q:

ALL RIGHT. AND YOUR BEST RECOLLECTION IS THAT THIS CONVERSATION LASTED BETWEEN 3:58 AND ABOUT FOUR O'CLOCK OR 4:01?

# 24 A:

THE OPEN LINE.

# 25 Q:

OPEN LINE?

# 26 A:

YES.

# 27 Q:

AND WHAT YOU WERE ABLE TO HEAR, IN OTHER WORDS?

# 28 A:

RIGHT.

# 29 Q:

ALL RIGHT. AND IN ORDER FOR YOU TO TRANSMIT AND TO GENERATE THE FORM THAT IS NOW UP ON THE SCREEN, YOU HAD TO TYPE SOMETHING, DID YOU NOT?

# 30 A:

YES.

# 31 Q:

AND AS WE LISTENED TO THAT TAPE, COULD WE HEAR YOU TYPING?

# 32 A:

YES, YOU COULD.

# 33 Q:

AND ARE YOU A PRETTY FAST TYPIST?

# 34 A:

I DON'T KNOW. MAYBE.

# 35 Q:

WELL, YOU HEARD YOUR -- THE TYPING IN THERE, DIDN'T YOU?

# 36 A:

YES, RIGHT.

# 37 Q:

AND SO THERE IS NO MISTAKING ABOUT IT, YOUR TYPING WAS NOT ANYBODY BEING STRUCK, WAS IT?

KEY QUOTE

# 38 A:

NO.

# 39 Q:

AND SINCE YOU DIDN'T TALK TO ANYBODY, YOU DON'T KNOW WHETHER OR NOT THERE WAS BLOWS BEING PASSED BETWEEN TWO PEOPLE OR WHAT THE SITUATION WAS, DO YOU?

# 40 A:

WHEN I TOOK THE CALL, WHEN IT CAME -- WHEN IT DROPPED IN AT THE VERY BEGINNING?

# 41 Q:

YES, MA'AM.

# 42 A:

AND THE WOMAN IS SCREAMING?

# 43 Q:

YES, MA'AM.

# 44 A:

THEN I HEARD THE HITS AT THE SAME TIME.

KEY QUOTE

# 45 Q:

BUT WHAT I'M ASKING YOU, YOU HADN'T TALKED TO ANYBODY SO YOU DON'T KNOW WHAT WAS TAKING PLACE AT THAT LOCATION, DO YOU?

# 46 A:

NO, I DO NOT.

# 47 Q:

YOU HAVE NO WAY OF KNOWING THAT, DO YOU?

# 48 A:

ONLY WHAT I HEARD. I HAVE TO CREATE AN INCIDENT ACCORDING TO WHAT I HEAR. EITHER WAY, I WAS SENDING THE POLICE AT THE BEGINNING AS AN UNKNOWN TROUBLE. SOMETHING WAS GOING ON AT THAT LOCATION THAT SOMEONE DIALED 911. OUR PROCEDURE IS ANYTIME YOU GET A CALL ON 911, WHETHER YOU HEAR ANYONE OR NOT, YOU HAVE TO SEND THE POLICE ON AN UNKNOWN TROUBLE.

KEY QUOTE

# 49 Q:

I UNDERSTAND. AND THAT IS EXACTLY THE POINT. IT WAS UNKNOWN TROUBLE TO YOU, RIGHT?

# 50 A:

IN THE BEGINNING.

# 51 Q:

RIGHT. YOU ARE DOWNTOWN AT 150 NORTH LOS ANGELES; IS THAT CORRECT?

# 52 A:

RIGHT.

# 53 Q:

AND YOU DON'T KNOW WHAT IS HAPPENING ON -- BETWEEN ANY TWO OR THREE PARTIES AT THE LOCATION; IS THAT CORRECT?

# 54 A:

THAT'S CORRECT.

# 55 Q:

ALL RIGHT. YOU HEAR CERTAIN THINGS; IS THAT RIGHT?

# 56 A:

RIGHT.

# 57 Q:

AND THEN BASED UPON WHAT YOU HEAR, YOU START TO TYPE INTO YOUR COMPUTER; IS THAT CORRECT?

# 58 A:

THAT'S CORRECT.

# 59 Q:

DID I ALSO HEAR A LOT OF STATIC ON THAT LINE?

# 60 A:

THE STATIC THAT YOU HEARD WAS WHEN I BROUGHT UP THE FREQUENCY TO BROADCAST TO THE OTHER UNITS. THAT IS THE TRANSMISSIONS FROM THE COMPUTER TO THE RADIO, NOT FOR THE TELEPHONE.

# 61 Q:

ALL RIGHT. SO THE STATIC WAS SOMETHING THAT WAS GENERATED BY WHAT YOU DID IN BROADCASTING TO THE OTHER UNIT ON A POLICE FREQUENCY; IS THAT CORRECT?

# 62 A:

YES.

# 63 Q:

ALL RIGHT. SO WOULD DID HEAR STATIC, RIGHT?

# 64 A:

YES.

# 65 Q:

WE HEARD TYPING AND WE HEARD STATIC AND DURING THIS PERIOD OF TIME YOU MENTIONED, I BELIEVE AT SOME POINT, THAT YOU BECAME EXCITED AS YOU HEARD THIS; IS THAT CORRECT?

# 66 A:

YES.

# 67 Q:

AND THAT IS PART OF YOUR JOB, TO -- TO CREATE UNDER STRESS AND PRESSURE; IS THAT CORRECT?

# 68 A:

THAT'S CORRECT.

# 69 Q:

BECAUSE YOUR JOB IS TO TRY TO GET A UNIT OUT THERE AS FAST AS YOU CAN BECAUSE YOU DON'T KNOW WHAT IS GOING ON, RIGHT?

# 70 A:

RIGHT.

# 71 Q:

ALL RIGHT. SO AT THE TIME THIS CALL HAD ENDED OR BY THE TIME THIS CALL HAD ENDED, YOU HAD NOT TALKED WITH ANYBODY AT 360 NORTH ROCKINGHAM, HAD YOU?

# 72 A:

NO.

# 73 Q:

YOU SUBSEQUENTLY DISPATCHED A VEHICLE THERE; IS THAT CORRECT?

# 74 A:

I SENT IT TO THE DIVISION.

# 75 Q:

TO THE DIVISION?

# 76 A:

YES.

# 77 Q:

BY "THE DIVISION" WE ARE TALKING ABOUT WEST LOS ANGELES DIVISION?

# 78 A:

RIGHT.

# 79 Q:

THEY IN TURN WOULD DISPATCH A UNIT?

# 80 A:

I WOULD HAVE ASSIGNED A UNIT. LIKE I SAID, EITHER THERE WAS NOT ONE AVAILABLE OR I DIDN'T HAVE TIME TO ASSIGN A UNIT TO GO INTO WHAT WE CALL DISPATCH MODE, SO I BROADCAST IT TO ANY WEST L.A. UNIT, THEREFORE ANY UNIT THAT WAS AVAILABLE, THEY HEARD THAT CALL, THEY SHOULD TAKE IT.

# 81 Q:

THEY COULD THEN RESPOND TO THAT CALL?

# 82 A:

EXACTLY.

# 83 Q:

THAT WAS PART OF THE STATIC THAT WE HEARD WHEN YOU WANTED TO MAKE THAT KIND OF BROADCAST OVER THE FREQUENCY; IS THAT RIGHT?

# 84 A:

RIGHT.

# 85 Q:

MR. DARDEN ASKED YOU A QUESTION WITH REFERENCE TO OTHER THINGS ON THE TAPE. THE OTHER THINGS ON THE REST OF THIS TAPE ARE UNRELATED TO THIS INCIDENT; ISN'T THAT CORRECT?

# 86 A:

YES.

# 87 Q:

IN OTHER WORDS, THESE ARE OTHER CALLS? YOU WERE STILL GETTING OTHER CALLS?

# 88 A:

NO, I WAS NOT GETTING OTHER CALLS. THERE WERE OTHER PEOPLE AROUND ME THAT WERE TALKING TO THEIR CALLER AND COULD BE HEARD. MY MICROPHONE WILL PICK IT UP.

# 89 Q:

SO THE OTHER THINGS THAT ARE ON THE TAPE WERE UNRELATED TO THIS INCIDENT?

# 90 A:

EXACTLY.

# 91 Q:

BUT RELATED TO OTHER INCIDENTS BEING HANDLED BY YOUR COLLEAGUES WHO WERE THERE?

# 92 A:

RIGHT.

# 93 Q:

AS I UNDERSTAND THIS ROOM AT THE PARKER CENTER, IT IS A SITUATION WHERE YOU CAN PICK UP WHAT YOUR COLLEAGUES ARE DOING AND I PRESUME THEY CAN PICK UP WHAT YOU ARE DOING; IS THAT A FAIR STATEMENT?

# 94 A:

THAT'S RIGHT.

# 95 Q:

AND SO ON THAT TAPE WE CAN HEAR, FOR INSTANCE, SOME CONVERSATION ABOUT A MALE BLACK OR SOMETHING LIKE THAT? IS THAT ONE OF YOUR COLLEAGUES?

# 96 A:

THAT IS ONE OF MY COLLEAGUES.

# 97 Q:

ALL RIGHT. NOW, AT SOME POINT YOU TYPE INTO AND YOU DESCRIBED FOR US THAT YOU TYPE INTO YOUR COMPUTER "FEMALE BEING BEATEN AT LOCATION COULD BE HEARD OVER THE PHONE," AND THAT WAS WHAT YOU CONCLUDED AFTER YOU HEARD THIS WOMAN SCREAMING; IS THAT RIGHT?

# 98 A:

YES.

# 99 Q:

AND YOU DON'T KNOW WHETHER THERE WAS A MUTUAL FIGHT OR WHAT WAS GOING ON, DO YOU, AT THAT POINT?

KEY QUOTE

# 100 A:

NO, I DO NOT.

# 101 Q:

ALL RIGHT. SO YOU -- WHAT YOU WROTE DOWN WAS WHAT YOU CONCLUDED AT THAT PARTICULAR TIME; IS THAT CORRECT?

# 102 A:

WHAT I CONCLUDED THAT I HEARD.

# 103 Q:

THAT WAS BACK IN JANUARY OF 1989, RIGHT?

# 104 A:

YES.

# 105 Q:

YOU NEVER AT ANY TIME TALKED TO ANY OF THE PARTIES WHO WERE ACTUALLY AT THAT HOUSE?

# 106 A:

NO.

# 107 MR. COCHRAN:

JUST A MOMENT, YOUR HONOR.

# 108 THE COURT:

CERTAINLY.

# 109 (BRIEF PAUSE.)

# 110 MR. COCHRAN:

MAY I HAVE JUST A MOMENT MORE, YOUR HONOR?

# 111 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 112 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL AND THE DEFENDANT.)

# 113 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. NOTHING FURTHER FROM MISS GILBERT AT THIS POINT. THANK YOU, MA'AM.

Temperature

procedural

Key Quotes (4)

Sharyn Gilbert

THEN I HEARD THE HITS AT THE SAME TIME.

Gilbert insists she heard strikes concurrent with screaming, which Cochran then works to undercut by noting she had no way to confirm what actually occurred at the location.

Sharyn Gilbert

NO, I DO NOT. ONLY WHAT I HEARD. I HAVE TO CREATE AN INCIDENT ACCORDING TO WHAT I HEAR. EITHER WAY, I WAS SENDING THE POLICE AT THE BEGINNING AS AN UNKNOWN TROUBLE.

Gilbert herself uses the phrase 'unknown trouble,' which Cochran seizes on to argue the dispatcher had no confirmed knowledge of a beating.

Johnnie Cochran

AND SO THERE IS NO MISTAKING ABOUT IT, YOUR TYPING WAS NOT ANYBODY BEING STRUCK, WAS IT?

Cochran plants reasonable doubt about the sounds on the tape by clarifying that audible keyboard sounds could be mistaken for blows.

Johnnie Cochran

AND YOU DON'T KNOW WHETHER THERE WAS A MUTUAL FIGHT OR WHAT WAS GOING ON, DO YOU?

Core of Cochran's strategy — reframing a domestic violence call as an ambiguous altercation, consistent with the defense's minimization of the 1989 incident.

Evidence (2)

Informal

911 call tape from January 1, 1989, played via ELMO display, including audible typing and radio static

discussed

Informal

Computer-generated dispatch form showing Gilbert's typed entry: 'female being beaten at location could be heard over the phone'

discussed, characterized as interpretation rather than confirmed fact

Notable Exchanges (3)

Johnnie Cochran•Sharyn Gilbert

Cochran gets Gilbert to confirm that the typing sounds on the tape were hers and not blows, and that the static was her own radio broadcast — methodically stripping dramatic weight from the tape's audio.

strategic

Johnnie Cochran•Sharyn Gilbert

Cochran establishes that other voices on the tape (including a reference to 'male Black') were unrelated colleagues handling separate calls, preempting any suggestion those sounds were connected to the Simpson incident.

strategic

Johnnie Cochran•Sharyn Gilbert

Gilbert pushes back slightly, noting she 'heard the hits at the same time' as screaming — one of the few moments she resists Cochran's framing before conceding she still had no direct knowledge of what occurred.

revealing

Credibility Attacks (1)

⚔ Sharyn Gilbert

scope limitation / knowledge boundary

Cochran repeatedly established that Gilbert never spoke with anyone at the Rockingham address, was located miles away downtown, and could not know whether the incident was a one-sided beating or a mutual altercation — framing her dispatch notation as subjective interpretation rather than eyewitness fact.

Objections

None recorded

Proceeding 4511 • 113 utterances • Prosecution witness

Criminal Trial

Department 103