Cross-examination of Danny Mandel (part 1)

📄 Cross-examination of Danny Mandel (part 1) — Tuesday, July 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\11\CROSS-EXAMINATION-OF-DANNY-MAN.DOC

TRIAL

▲ Day 112 of 167

◀ Direct examination of Danny Mandel (part 2) Recess ▶

Witness: Danny Mandel
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 11, 1995 • Utterances: 233

Marcia Clark cross-examines Danny Mandel, a defense witness who walked past 875 S. Bundy on the night of the murders. Clark methodically exposes that Mandel never checked his watch at any point during the evening, was uncertain about the route he took, was distracted on a first blind date, and had no way to precisely identify which address he passed. His entire timeline — when he arrived at Ms. Aaronson's apartment, when he left, how long dinner took, when they departed the Mezzaluna — is established as estimation only.

# 1 THE COURT:

All right. Miss Clark.

# 2 MS. CLARK:

Thank you, your Honor.

CROSS-EXAMINATION BY MS. CLARK

# 3 MS. CLARK:

Now, Mr. Mandel, your first statement, actually your first belief was actually that you were at the location of 875 south Bundy at about eleven o'clock, correct?

# 4 MR. MANDEL:

No.

# 5 MS. CLARK:

Or was that Miss Aaronson's first belief?

# 6 MR. MANDEL:

I don't know.

# 7 MS. CLARK:

Do you recall that she spoke to the police before you did?

# 8 MR. MANDEL:

Yes.

# 9 MS. CLARK:

And it was after she spoke to the police that they contacted you?

# 10 MR. MANDEL:

Correct.

# 11 MS. CLARK:

And initially when you spoke to the police you believed that you had walked back from the Mezzaluna by a different route than you have explained to us today, correct?

# 12 MR. MANDEL:

No.

# 13 MS. CLARK:

You don't recall telling me back in September of 1994 that you initially thought you had walked out on Gorham and gone down--and gone down Westgate? Do you recall telling me that, sir, back in September of 1994?

# 14 MR. MANDEL:

No. I pointed out on the map the direction, but I couldn't recall the street names and I told you I would call you when I got home, which I did.

# 15 MS. CLARK:

But you initially told me, sir, did you not, that you thought you had taken a different route and you wanted to change that statement? Don't you recall telling me that?

# 16 MR. MANDEL:

No.

# 17 MS. CLARK:

But if you had walked down Westgate you would never have come anywhere near south Bundy, correct?

# 18 MR. MANDEL:

I'm not sure where Westgate and south Bundy intersect.

# 19 MS. CLARK:

We are going to have a chart for you and you can show the jury. If you would have taken that Westgate route you would never have gone onto Bundy at all, correct?

# 20 MR. MANDEL:

As I said, I don't know where they intersect.

# 21 MS. CLARK:

All right. The route that you took to Mezzaluna took you down Darlington up and up Westgate; is that right? And actually--let me put it more easily before I get the chart. The route you took to Mezzaluna did not take you on Bundy; is that right?

# 22 MR. MANDEL:

That's correct.

# 23 MS. CLARK:

And that was a very direct path from her apartment to the Mezzaluna; is that correct?

# 24 MR. MANDEL:

Fairly direct, yes.

# 25 MS. CLARK:

And is it your testimony, sir, at this time, that when you walked down Bundy you walked on the west side of Bundy?

# 26 MR. MANDEL:

Yes.

# 27 MS. CLARK:

And that would mean that you would have to not only cross Bundy once going from the Mezzaluna, going from the east side of Bundy to west, but that you would have to cross Bundy back again going from west to east to go back to her apartment; is that right?

# 28 MR. MANDEL:

That is correct.

# 29 MS. CLARK:

And Bundy is a curving street, is it not, sir?

# 30 MR. MANDEL:

It is.

# 31 MS. CLARK:

And the intersection of Gorham and Bundy is uncontrolled for Bundy, it is only a stop sign for Gorham; is that correct?

# 32 MR. MANDEL:

That is correct.

# 33 MS. CLARK:

And it was very dark there that night, wasn't it?

# 34 MR. MANDEL:

Moderately dark.

# 35 MS. CLARK:

Moderately dark?

# 36 MR. MANDEL:

I don't know how you gauge it. It was nighttime.

# 37 MS. CLARK:

All right. You identified that photograph for us today as 875 south Bundy, didn't you?

# 38 MR. MANDEL:

Yes.

# 39 MS. CLARK:

Were you noticing all the addresses of the places that you were walking passed that night?

# 40 MR. MANDEL:

No.

# 41 MS. CLARK:

As you--

# 42 MR. MANDEL:

No, I didn't.

# 43 MS. CLARK:

As you walked down the street on Bundy, did you look up each pathway to see what was at the end of each pathway?

# 44 MR. MANDEL:

No, I did not.

# 45 MS. CLARK:

You were talking with Miss Aaronson; is that correct?

# 46 MR. MANDEL:

Yes.

# 47 MS. CLARK:

That was your first date with her, correct?

# 48 MR. MANDEL:

Yes.

# 49 MS. CLARK:

You were not looking to see the details of each house you were passing, correct?

# 50 MR. MANDEL:

Yes.

# 51 MS. CLARK:

Were you looking to see if there was any blood on any walkway, sir?

KEY QUOTE

# 52 MR. MANDEL:

No.

# 53 MS. CLARK:

As a matter of fact, you had to cross from the west side to the east side of Bundy; isn't that right, to go back to her apartment?

# 54 MR. MANDEL:

Yes.

# 55 MS. CLARK:

And you can tell us--can you tell us for sure right now at what point on Bundy you crossed from the west side to the east side?

# 56 MR. MANDEL:

Yes.

# 57 MS. CLARK:

And how can you do that, sir?

# 58 MR. MANDEL:

Based on my recollection.

# 59 MS. CLARK:

Let me ask you something: Was that the first blind date you have ever had?

# 60 MR. MANDEL:

No.

# 61 MS. CLARK:

You have had others since then; is that right?

# 62 MR. MANDEL:

Probably, yes.

# 63 MS. CLARK:

Uh-huh. Have you ever taken a walk with any of those blind dates, sir?

# 64 MR. MANDEL:

Probably not.

# 65 MS. CLARK:

Never took a walk with another blind date?

# 66 MR. MANDEL:

Not that I recall, no.

# 67 MS. CLARK:

Ever taken a walk with a woman before Miss Aaronson?

# 68 MR. MANDEL:

Yes.

# 69 MS. CLARK:

How about since?

# 70 MR. MANDEL:

Yes.

# 71 MS. CLARK:

Can you trace the route of each woman you walked with?

# 72 MR. MANDEL:

Specifically, yes, if I guess we start talking individually and I recall the date, I could.

# 73 (Brief pause.)

# 74 THE COURT:

Whoop, whoop.

# 75 MS. CLARK:

I'm sorry.

# 76 (Brief pause.)

# 77 THE COURT:

Miss Clark, let the professionals do that.

# 78 MS. CLARK:

I know. Thank you, Jonathan. All right. For the record, we have put up People's 26 and do not attempt this at home.

# 79 THE COURT:

Don't give up your day job.

KEY QUOTE

# 80 MS. CLARK:

All right. I'm showing you People's 26, sir. Do you see where that yellow dot is on that chart?

# 81 MR. MANDEL:

Yes, I do.

# 82 MS. CLARK:

And does that yellow dot pretty much accurately describe the location of the Mezzaluna?

# 83 MR. MANDEL:

Yes, it does.

# 84 MS. CLARK:

Is that right?

# 85 MR. MANDEL:

Yes.

# 86 MS. CLARK:

And can you tell us where in relation to Dorothy Darlington would be?

# 87 MR. MANDEL:

This next block.

# 88 MS. CLARK:

One block south; is that right?

# 89 MR. MANDEL:

Yes.

# 90 MS. CLARK:

Okay. Now, can you show us approximately on that chart--actually, you know, what? Let's use the elmo. You can sit right there and look at your monitor. I'm going to show you that chart on the monitor. And Mr. Fairtlough, if you could move that just a little bit up so that we get more of the south area, south area. There you go. Thank you. If you would, sir, look at this chart now. I'm going to ask you direct the arrow--make it red. There you go.--the cross, to the location approximately of ms. Aaronson's apartment?

# 91 MR. MANDEL:

Bring it down, a little more, onto--onto Darlington which is the block south of Dorothy and a bit closer towards Bundy. I mean still on Darlington but bring it approximately there, (Indicating).

# 92 MS. CLARK:

There?

# 93 MR. MANDEL:

Yeah.

# 94 MS. CLARK:

Would you mark that. Thank you.

# 95 MS. CLARK:

All right. Now, you stated you got there a little after eight o'clock?

# 96 MR. MANDEL:

To Mezzaluna?

# 97 MS. CLARK:

No, to her apartment.

# 98 MR. MANDEL:

I mean, yes. To her apartment, yes.

# 99 MS. CLARK:

And how many minutes after eight o'clock did you get there?

# 100 MR. MANDEL:

I think about five minutes after 8:00.

# 101 MS. CLARK:

Did you look at your watch?

# 102 MR. MANDEL:

No.

# 103 MS. CLARK:

That is an estimate; is that right?

# 104 MR. MANDEL:

It is.

# 105 MS. CLARK:

Okay. And then you talked to her a little bit in her apartment; is that right?

# 106 MR. MANDEL:

Yes.

# 107 MS. CLARK:

And do you know exactly how many minutes you spoke to her in her apartment?

# 108 MR. MANDEL:

Not exactly, no.

# 109 MS. CLARK:

Did you look at your watch when you left?

# 110 MR. MANDEL:

No, I did not.

# 111 MS. CLARK:

But you left at some point after five minutes, after 8:00 approximately, correct?

# 112 MR. MANDEL:

Correct.

# 113 MS. CLARK:

So your estimate is that it is sometime after eight o'clock you left her apartment; is that right?

# 114 MR. MANDEL:

Yes.

# 115 MS. CLARK:

You don't know exactly when; is that right?

# 116 MR. MANDEL:

Correct.

# 117 MS. CLARK:

When you walked--I would like for you now to direct the arrow and show the jury what route you took to the Mezzaluna that night when you left Miss Aaronson's apartment.

# 118 MR. MANDEL:

Okay. I don't recall specifically. All I know is that we took Darlington going east, so that direction, and--

# 119 MS. CLARK:

Can you create a line, John?

# 120 MR. FAIRTLOUGH:

Sure.

# 121 MS. CLARK:

Thanks.

# 122 MR. MANDEL:

And I just--I'm not certain. I believe that we took a left there to Gorham and then a right towards Mezzaluna.

# 123 MS. CLARK:

You are not sure?

# 124 MR. MANDEL:

No, I'm not sure on the way there.

# 125 MS. CLARK:

You are not sure what route you took on the way there; is that right?

# 126 MR. MANDEL:

That's correct.

# 127 MS. CLARK:

You think you took a left at the street that is the intersection that the arrow is at right now, which would be Westgate?

# 128 MR. MANDEL:

Yes, I do.

# 129 MS. CLARK:

You are not sure?

# 130 MR. MANDEL:

Not on my way there, no.

# 131 MS. CLARK:

It could have been the next street up that you took a left at; is that correct?

# 132 MR. MANDEL:

That is possible.

# 133 MS. CLARK:

So you are guessing; is that right?

# 134 MR. MANDEL:

Yes, it is.

# 135 MS. CLARK:

Okay. Go ahead and make a left there. Could we show a dotted line? I'm going to make a left with a dotted line at this intersection.

# 136 (Discussion held off the record between the Deputy District Attorneys.)

# 137 MS. CLARK:

Stop. There you go.

# 138 MS. CLARK:

Now, are you sure that you went all the way on Westgate there or could you have made another right at Dorothy and then maybe another left and a right to go up to the restaurant?

# 139 MR. MANDEL:

As I said, going to the restaurant--to the restaurant, I don't recall.

# 140 MS. CLARK:

You don't recall?

# 141 MR. MANDEL:

Ellen led us there.

# 142 MS. CLARK:

Uh-huh. So you think you might have gone this way, you are not sure on the way to, correct?

# 143 MR. MANDEL:

All right.

# 144 MS. CLARK:

But if you did turn left at Westgate, you would have turned again right--right-hand on Gorham, correct?

# 145 MR. MANDEL:

That's correct.

# 146 MS. CLARK:

Now, Miss Aaronson's apartment, is it on the north or the south side of Darlington?

# 147 MR. MANDEL:

On the north.

# 148 MS. CLARK:

And so if you take that route, you can walk on the same side of the street, crossing only at the intersection of--what is that--Gorham and Westgate in order on get to the Mezzaluna; is that right?

# 149 MR. MANDEL:

That's correct.

# 150 MS. CLARK:

And you never have to cross Bundy at all, correct?

# 151 MR. MANDEL:

Correct.

# 152 MS. CLARK:

So you left Miss Aaronson's apartment you estimate at some point after eight o'clock?

# 153 MR. MANDEL:

Correct.

# 154 MS. CLARK:

And it took you how long to walk to the Mezzaluna taking that direct route?

# 155 MR. MANDEL:

I would say approximately ten, maybe fifteen minutes.

# 156 MS. CLARK:

Were you looking at your watch?

# 157 MR. MANDEL:

No.

# 158 MS. CLARK:

You didn't time that, did you?

# 159 MR. MANDEL:

No.

# 160 MS. CLARK:

You are just estimating for this jury, aren't you?

KEY QUOTE

# 161 MR. MANDEL:

Yes, I am.

# 162 MS. CLARK:

And you got to the Mezzaluna, you had dinner, correct?

# 163 MR. MANDEL:

Correct.

# 164 MS. CLARK:

How long exactly did you spend having dinner with Miss Aaronson?

# 165 MR. MANDEL:

I can't say exactly.

# 166 MS. CLARK:

You don't know because you weren't looking at your watch; is that right?

# 167 MR. MANDEL:

That's correct.

# 168 MS. CLARK:

You were on a date?

# 169 MR. MANDEL:

Correct.

# 170 MS. CLARK:

Okay. And after you finished eating you left the restaurant, correct?

# 171 MR. MANDEL:

Yes.

# 172 MS. CLARK:

Did you look at your watch at the time that you left?

# 173 MR. MANDEL:

No, I did not.

# 174 MS. CLARK:

You don't know exactly what time you left; is that right?

# 175 MR. MANDEL:

That's correct.

# 176 MS. CLARK:

You said that you paid your bill with a credit card, correct?

# 177 MR. MANDEL:

Correct.

# 178 MS. CLARK:

And that after you paid you stayed in the restaurant for some period of time?

# 179 MR. MANDEL:

Yes.

# 180 MS. CLARK:

And you did not look at your watch to see how long you spent in the restaurant after you paid the bill?

# 181 MR. MANDEL:

Correct.

# 182 MS. CLARK:

A woman waited on you; is that right?

# 183 MR. MANDEL:

Yes, she did.

# 184 MS. CLARK:

Do you recall what she looked like?

# 185 MR. MANDEL:

I recall that she was attractive, darker skin.

# 186 MS. CLARK:

Ponytail? Her hair was in a ponytail?

# 187 MR. MANDEL:

I don't recall.

# 188 MS. CLARK:

Do you know her name?

# 189 MR. MANDEL:

No.

# 190 MS. CLARK:

You have been watching this trial; is that right?

# 191 MR. MANDEL:

Yes, here and there.

# 192 MS. CLARK:

Okay. Do you recall seeing the people that testified that were working at the Mezzaluna that night?

# 193 MR. MANDEL:

No, not specifically.

# 194 MS. CLARK:

Do you recall seeing a waitress by the name of Tia Gavin testify?

# 195 MR. MANDEL:

No.

# 196 MS. CLARK:

Does that name ring a bell?

# 197 MR. MANDEL:

No, it doesn't.

# 198 MS. CLARK:

So you paid the bill and at some point after you paid the bill, you are not sure how long, you and Miss Aaronson left, correct?

# 199 MR. MANDEL:

Correct.

# 200 MS. CLARK:

And when you left you state that you walked out the back door of the Mezzaluna?

# 201 MR. MANDEL:

Yes.

# 202 MS. CLARK:

Can you describe the back door of the Mezzaluna that you say you walked out of?

# 203 MR. MANDEL:

There is a little patio, I believe it goes--there is a little zigzag to go down to the street.

# 204 MS. CLARK:

Okay. And you could just walk out the door? You didn't have to step over any railing or fence or anything?

# 205 MR. MANDEL:

Actually I think I did hop over a railing.

# 206 MS. CLARK:

And why--for what reason did you take the back door?

# 207 MR. MANDEL:

It is closer toward the direction that we were going.

# 208 MS. CLARK:

Now, after you left, you went back to the restaurant to look for your keys; isn't that right?

# 209 MR. MANDEL:

Momentarily after.

# 210 MS. CLARK:

And when you went back into the restaurant there was no one else there; isn't that right?

# 211 MR. MANDEL:

No other patrons.

# 212 MS. CLARK:

No other customers?

# 213 MR. MANDEL:

It was very empty. There may have been one other table.

# 214 MS. CLARK:

Do you recall telling myself and Mr. Hodgman, back in September of 1994, that when you went back to the restaurant to look for your keys you saw no other person there?

# 215 MR. MANDEL:

That sounds familiar, yes.

# 216 MS. CLARK:

And who did you speak to about looking for your keys when you went back into the restaurant?

# 217 MR. MANDEL:

Nobody.

# 218 MS. CLARK:

You just looked?

# 219 MR. MANDEL:

They were just on my seat. I had then between my legs when I was sitting there.

# 220 MS. CLARK:

Okay. So you went back into the restaurant, retrieved your keys and then went back out again, correct?

# 221 MR. MANDEL:

Yes.

# 222 MS. CLARK:

Did you look to see how long it took you between the time you left the restaurant, went back in to get your keys and went back out again?

# 223 MR. MANDEL:

No, I did not.

# 224 MS. CLARK:

So when you actually left the restaurant for the last time you do not know what time it was; is that correct?

# 225 MR. MANDEL:

That's correct.

# 226 MS. CLARK:

Miss Aaronson waited outside the restaurant for you when you did that?

# 227 MR. MANDEL:

Yes.

# 228 MS. CLARK:

And then she and you walked out of the restaurant; is that right?

# 229 MR. MANDEL:

Yes.

# 230 MS. CLARK:

Now, look at the chart, if you will, People's 26.

# 231 (Witness complies.)

# 232 MS. CLARK:

Can you indicate to us what route you took to leave the Mezzaluna?

# 233 THE COURT:

All right. Miss Clark, before we start on that, I think we need to take a break.

Temperature

procedural

Key Quotes (5)

Marcia Clark

You are just estimating for this jury, aren't you?

Clark's explicit summary of her entire cross — Mandel admitted he looked at his watch at no point during the evening, making his timeline worthless as an alibi anchor.

Danny Mandel

Yes, I am.

The concession Clark was building toward — the witness confirms his entire account is estimation, not observation.

Lance A. Ito

Don't give up your day job.

Ito ribbing Clark after she fumbled with the courtroom technology, providing rare levity in an otherwise grinding cross.

Danny Mandel

Ellen led us there.

Reveals that Mandel wasn't even navigating — Ms. Aaronson led the way to Mezzaluna — undermining his claimed familiarity with the route.

Marcia Clark

Were you looking to see if there was any blood on any walkway, sir?

Sharp rhetorical point — the witness was on a first date, not observing crime scenes. Establishes why he would not have noticed anything unusual.

Evidence (1)

People's 26

Street map/chart of the Brentwood area showing Mezzaluna, 875 S. Bundy, and surrounding streets used to trace Mandel's route

Used interactively with ELMO display; Mandel directed annotation arrows to mark locations and route

Notable Exchanges (3)

Marcia Clark•Danny Mandel

Clark runs through the entire evening — arrival at Aaronson's apartment, walk to Mezzaluna, dinner, departure — and confirms at each step that Mandel did not look at his watch and is only estimating times.

methodical

Marcia Clark•Danny Mandel

Clark establishes that Mandel was uncertain about the route taken to Mezzaluna ('Ellen led us there'), could only guess at which streets he turned on, and that the route he believes he took on the return trip required crossing Bundy twice.

strategic

Marcia Clark•Danny Mandel

Clark asks if Mandel can trace the routes of every woman he has walked with, to which he says 'specifically, yes' — a moment of overconfidence Clark lets pass, having already established his route memory is poor.

revealing

Light Moments (2)

Lance A. Ito / Marcia Clark

Clark struggled with the courtroom technology (ELMO/chart system), prompting Judge Ito to say 'Whoop, whoop' and 'Miss Clark, let the professionals do that.' Clark responded: 'For the record, we have put up People's 26 and do not attempt this at home.'

Lance A. Ito

After Clark's courtroom tech fumble, Ito quipped 'Don't give up your day job.'

Credibility Attacks (4)

⚔ Danny Mandel

Establishing lack of independent time observation

Clark confirmed at every stage of the evening — arrival at Aaronson's apartment, departure, walk duration, dinner length, bill payment, final departure — that Mandel never checked his watch. His entire timeline is self-admitted estimation.

⚔ Danny Mandel

Establishing inattention and distraction

Clark emphasized this was Mandel's first blind date with Aaronson, that he was talking with her, not observing addresses or pathways, and explicitly was not looking for blood on walkways.

⚔ Danny Mandel

Route uncertainty

Mandel admitted he was unsure what route he took to the Mezzaluna ('Ellen led us there'), could only guess at intersections, and said 'Yes, I am' when Clark summarized he was 'guessing.'

⚔ Danny Mandel

Prior inconsistent statement (attempted)

Clark attempted to establish that Mandel initially told her in September 1994 that he thought he had taken a different route (via Westgate, which would not pass Bundy). Mandel denied this characterization, saying he pointed at a map but told her he would call when he got home to confirm street names.

Witness Demeanor

(Brief pause.) — during sidebar/tech setup interlude

(Discussion held off the record between the Deputy District Attorneys.) — during route mapping exercise

(Witness complies.) — when asked to look at the chart

Objections

None recorded

Proceeding 6741 • 233 utterances • Defense witness

Criminal Trial

Department 103