Cross-examination of Danny Mandel (part 2)

📄 Cross-examination of Danny Mandel (part 2) — Tuesday, July 11, 1995

Address:

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

TRIAL

▲ Day 112 of 167

◀ Sidebar (1) Redirect examination of Danny Mandel ▶

Witness: Danny Mandel
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 11, 1995 • Utterances: 337

Marcia Clark cross-examines Danny Mandel, a defense witness who walked down Bundy Drive on the night of the murders while on a blind date with Ellen Aaronson. Clark methodically attacks the reliability of his timeline — establishing he never looked at his watch on Bundy, spoke to Aaronson multiple times before police, and walked the route twice with defense attorneys before testifying. She also extracts that he heard no dogs barking and was not paying attention to the walkways of houses as he walked.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

Back on the record. All parties are again present. The jury has rejoined us. Mr. Mandel, would you resume the witness stand, please. And pull the microphone close up to you, please. And Miss Clark.

# 3 MS. CLARK:

Thank you, your Honor.

# 4 MS. CLARK:

All right. Now, over the break period here you have had a chance to confer with Mr. Shapiro and the members of the Defense team, correct?

# 5 MR. MANDEL:

Correct.

# 6 MS. CLARK:

And you have made an effort to have the receipt from the Mezzaluna sent in here; is that correct?

# 7 MR. MANDEL:

That's correct.

# 8 MS. CLARK:

As a matter of fact, after the events of June the 13th, at some point you actually wrote a letter to your credit card company to get them to send you a copy of your receipt?

# 9 MR. MANDEL:

I telephoned them.

# 10 MS. CLARK:

And you made that effort to get the receipt because you thought it was important to find out exactly when you had been at the restaurant?

# 11 MR. MANDEL:

A police detective from the LAPD asked me to do it.

# 12 MS. CLARK:

Okay. That was after July the 12th; is that right?

# 13 MR. MANDEL:

Yes.

# 14 MS. CLARK:

And July the 12th is when you spoke to the police officer; is that right?

# 15 MR. MANDEL:

That sounds correct.

# 16 MS. CLARK:

You had never spoken to any police officer before that date; is that right?

# 17 MR. MANDEL:

That's right.

# 18 MS. CLARK:

And you watched this preliminary hearing for this case on television at some point, did you not?

# 19 MR. MANDEL:

I believe I caught a little bit.

# 20 MS. CLARK:

And so the first time that you spoke to a police officer on this case was after the preliminary hearing had been completed?

# 21 MR. MANDEL:

Yes.

# 22 MS. CLARK:

And it was at some point after that that you spoke to the Defense; is that right?

# 23 MR. MANDEL:

Yes.

# 24 MS. CLARK:

When was the first time you spoke to the Defense?

# 25 MR. MANDEL:

I don't recall the month. It was many, many months later, perhaps--I don't really recall. Maybe January.

# 26 MS. CLARK:

Okay. Now, after you spoke to the police officer you wrote or you called in to your credit card company to get a copy of your receipt because you did not remember what time you left the Mezzaluna; isn't that right?

# 27 MR. MANDEL:

I had an idea, but when I looked at the credit card time, I knew it couldn't be right, so I called.

# 28 MS. CLARK:

You say you had an idea you thought it was sometime between 10:00 and 11:00; is that right?

# 29 MR. MANDEL:

I thought it would be a little bit after 10:00 when I left.

# 30 MS. CLARK:

You did not know exactly when you had left; is that right?

# 31 MR. MANDEL:

Exactly, no.

# 32 MS. CLARK:

And you still don't, do you?

# 33 MR. MANDEL:

Not exactly.

# 34 MS. CLARK:

And you still don't know exactly when you walked down Bundy; is that right?

KEY QUOTE

# 35 MR. MANDEL:

Not exactly.

# 36 MS. CLARK:

And you still don't know when it was that you crossed Bundy from the west side to the east side, what time it was?

# 37 MR. MANDEL:

Not exactly.

# 38 MS. CLARK:

And you still don't know exactly what time it was when you actually got down to the end of Bundy--excuse me--to the--strike that. Now, before you ever spoke to a police officer in this case, you spoke to Miss Aaronson several times about when you left the Mezzaluna and where you walked; isn't that right?

# 39 MR. MANDEL:

I think we spoke once or twice.

# 40 MS. CLARK:

Now, that blind date, that was the first time you had ever met her on June the 12th; is that right?

# 41 MR. MANDEL:

That is true.

# 42 MS. CLARK:

That was a set-up by your doctor, mutual doctor?

# 43 MR. MANDEL:

Yes.

# 44 MS. CLARK:

Has he set you up since?

# 45 MR. MANDEL:

Attempted.

# 46 MS. CLARK:

I'm sorry. Now, when you--did you ever go out on a date with Miss Aaronson again after that night?

# 47 MR. MANDEL:

No.

# 48 MS. CLARK:

So the only occasion you had to speak to her was because of this case; isn't that right?

# 49 MR. MANDEL:

Yes.

# 50 MS. CLARK:

And that is all you talked about was this case; isn't that right?

# 51 MR. MANDEL:

Just small talk, how you doing?

# 52 MS. CLARK:

But the reason you got in touch with her was to talk about what time you left the Mezzaluna and where you walked when you left the Mezzaluna; isn't that right?

# 53 MR. MANDEL:

Generally, yes.

# 54 MS. CLARK:

You talked to her at least once, maybe more than that?

# 55 MR. MANDEL:

Correct.

# 56 MS. CLARK:

Two or three times perhaps?

# 57 MR. MANDEL:

Two perhaps, yes.

# 58 MS. CLARK:

That was before you ever spoke to a police officer on June the 12th; isn't that right--excuse me, July 12; isn't that right?

# 59 MR. MANDEL:

Yes.

# 60 MS. CLARK:

So July 12th, one month after the walk--the date you had with Miss Aaronson on June the 12th was the first time that you spoke to a police officer, right?

# 61 MR. MANDEL:

Yes.

# 62 MS. CLARK:

And by that time you had spoken to Miss Aaronson two, maybe three times about where you walked and when you walked there?

# 63 MR. MANDEL:

Correct.

# 64 MS. CLARK:

And after that time that you spoke to the police officer, you spoke to Miss Aaronson again about this case, did you not?

# 65 MR. MANDEL:

I don't recall specifically.

# 66 MS. CLARK:

You don't recall? Do you recall telling me in September of 1994 that you spoke to her again before coming into the office to see myself and Mr. Hodgman?

# 67 MR. MANDEL:

No, I don't recall specifically.

# 68 MS. CLARK:

You don't recall that?

# 69 MR. MANDEL:

Not specifically. I don't recall how many times we spoke.

# 70 MS. CLARK:

You have spoken, though, with her since July 12th, correct?

# 71 MR. MANDEL:

Yes.

# 72 MS. CLARK:

And you had a date with her since then?

# 73 MR. MANDEL:

No.

# 74 MS. CLARK:

So the occasion for you to speak to her was about this case and the events that occurred on the night of June the 12th; isn't that right?

# 75 MR. MANDEL:

Yes.

# 76 MS. CLARK:

And how many times have you spoken to her since July 12th about this case?

# 77 THE COURT:

I think we have gone over this now three times.

# 78 MS. CLARK:

No, I'm talking about a different time period, your Honor. That was before July the 12th and now it is after.

# 79 THE COURT:

Mr. Mandel?

# 80 MR. MANDEL:

I remember we spoke on the day of the opening argument and then I don't think we spoke again since.

# 81 MS. CLARK:

You saw her when you came into court today, didn't you?

# 82 MR. MANDEL:

Well, yeah, since last week.

# 83 MS. CLARK:

Since the last week?

# 84 (Nods head up and down.)

# 85 MS. CLARK:

Is that yes?

# 86 MR. MANDEL:

Yes.

# 87 MS. CLARK:

How many times have you seen her in the last week?

# 88 MR. MANDEL:

I crossed by her one time earlier last week.

# 89 MS. CLARK:

In the courthouse?

# 90 MR. MANDEL:

No.

# 91 MS. CLARK:

Where?

# 92 MR. MANDEL:

In Mr. Cochran's office.

# 93 MS. CLARK:

In Mr. Cochran's office?

# 94 (Nods head up and down.)

# 95 MS. CLARK:

Yes?

# 96 MR. MANDEL:

Yes.

# 97 MS. CLARK:

Did you speak to Mr. Cochran?

# 98 MR. MANDEL:

Yes, I did.

# 99 MS. CLARK:

And when was that?

# 100 MR. MANDEL:

That was a week ago Monday.

# 101 MS. CLARK:

Was that the only time you spoke with Mr. Cochran?

# 102 MR. MANDEL:

Yes, it was.

# 103 MS. CLARK:

And for how long did you speak to him?

# 104 MR. MANDEL:

Just for, I don't know, maybe twenty minutes.

# 105 MS. CLARK:

And did he take any notes or make any report of your statement?

# 106 MR. MANDEL:

No, I don't think he took any notes.

# 107 MS. CLARK:

Did he tape-record your statement, if you know?

# 108 MR. MANDEL:

I don't believe so.

# 109 MS. CLARK:

Who else was present when you spoke to him?

# 110 MR. MANDEL:

Mr. Shapiro, Mr. Douglas, Mr. Bailey.

# 111 MS. CLARK:

What about ms. Aaronson?

# 112 MR. MANDEL:

No.

# 113 MS. CLARK:

And you spoke to him for how long, to all of them for how long?

# 114 MR. MANDEL:

Perhaps twenty minutes.

# 115 MS. CLARK:

After you spoke to them did you see--or before you spoke to them did you see Miss Aaronson at the office?

# 116 MR. MANDEL:

Yes, I did.

# 117 MS. CLARK:

Where was she?

# 118 MR. MANDEL:

She was leaving.

# 119 MS. CLARK:

And did you speak to her briefly before she left?

# 120 MR. MANDEL:

Just hi, how are you?

# 121 MS. CLARK:

And did you see her again after that point?

# 122 MR. MANDEL:

Not until this morning.

# 123 MS. CLARK:

And you saw her outside here in the court building?

# 124 MR. MANDEL:

Yes, I did.

# 125 MS. CLARK:

And did you talk to her?

# 126 MR. MANDEL:

Again just small talk, hi, how you doing?

# 127 MS. CLARK:

And you have spoken to Mr. Shapiro this morning before you began your testimony?

# 128 MR. MANDEL:

Not before I began, no.

# 129 MS. CLARK:

But at the break during your testimony, correct?

# 130 MR. MANDEL:

Yes.

# 131 MS. CLARK:

Now, sir, you indicated to us that you, since June the 12th, walked--attempted to walk the route you believe you took back from Mezzaluna to Miss Aaronson's apartment on June the 12th?

# 132 MR. MANDEL:

That's correct.

# 133 MR. SHAPIRO:

Objection, hearsay.

# 134 THE COURT:

Overruled.

# 135 MS. CLARK:

And that you timed it or attempted to time it?

# 136 MR. MANDEL:

That's correct.

# 137 MS. CLARK:

How many times did you do that, sir?

# 138 MR. MANDEL:

We did that twice.

# 139 MS. CLARK:

You say "We." Who did you do that with?

# 140 MR. MANDEL:

The attorney.

# 141 MS. CLARK:

Which attorney is that?

# 142 MR. MANDEL:

I did that with Mr. Bailey, perhaps one month ago, and then with Mr. Neufeld last--a week ago Monday.

KEY QUOTE

# 143 MS. CLARK:

Do either one of them look like Miss Aaronson?

KEY QUOTE

# 144 MR. MANDEL:

No, they don't.

# 145 MS. CLARK:

And was it at night that you walked with them or during the day?

# 146 MR. MANDEL:

It was in the evening.

# 147 MS. CLARK:

What time?

# 148 MR. MANDEL:

Approximately 10:00 to 10:30.

# 149 MS. CLARK:

And what did you talk to them about as you were walking?

# 150 MR. MANDEL:

We were just again small talk. I think we were talking about my going back to school and we were trying to reenact to get an approximate pace.

# 151 MS. CLARK:

Uh-huh. Did it feel the same walking with Mr. Neufeld as it did walking with Miss Aaronson on June the 12th?

# 152 MR. MANDEL:

We were just walking and talking.

# 153 MS. CLARK:

Did it feel the same?

# 154 THE COURT:

Counsel, I don't think we need that.

# 155 MS. CLARK:

Let me ask you something, sir. Back on June the 12th did you live in that neighborhood?

# 156 MR. MANDEL:

Back then I did not, no.

# 157 MS. CLARK:

Did you at any point--had you ever lived in that neighborhood?

# 158 MR. MANDEL:

Not at that point. I do currently.

# 159 MS. CLARK:

Okay. Then let me ask you this: Westgate, is that a fairly quiet street, sir?

# 160 MR. MANDEL:

I really can't make a judgment. Like I said, I live in the area, but I don't live right there in those couple of blocks. I don't really know Westgate specifically.

# 161 MS. CLARK:

Well, you walked on Westgate that night, correct?

# 162 MR. MANDEL:

It was quiet that night.

# 163 MS. CLARK:

Okay. And relatively speaking, would you say Westgate is busier or quieter than Bundy?

# 164 MR. MANDEL:

If I were going to make a guess I would say that Bundy is probably a busier street.

# 165 MS. CLARK:

Okay. And the other street, Granville, that is one block up from Westgate as you look at this map--you see where you have the red line this, that would be Westgate, correct?

# 166 MR. MANDEL:

Crossing Dorothy you are saying?

# 167 MS. CLARK:

Correct.

# 168 MR. MANDEL:

Yes.

# 169 MS. CLARK:

Okay. If you go the next parallel street--

# 170 MR. MANDEL:

Yes.

# 171 MS. CLARK:

--that would cross Dorothy, that would be Granville correct?

# 172 MR. MANDEL:

I don't know the name of the street.

# 173 MS. CLARK:

But is that a fairly quiet street compared to Bundy, also?

# 174 MR. MANDEL:

I believe so.

# 175 MS. CLARK:

Now, prior to June the 12th, you had never visited 875 south Bundy; is that right?

# 176 MR. MANDEL:

Yes, that's right.

# 177 MS. CLARK:

If I asked you to describe any of the houses in that block on Bundy, in the block of 875 south Bundy, would you have been able to do so?

# 178 MR. MANDEL:

No.

# 179 MS. CLARK:

And as of June the 12th, before you--excuse me. As of June the 13th, before you heard about the murders, could you have described for us the location of 875 south Bundy?

# 180 MR. MANDEL:

No.

# 181 MS. CLARK:

And you never walked up the walkway of 875 south Bundy; is that right?

# 182 MR. MANDEL:

That's right.

# 183 MS. CLARK:

And when you walked down 875--when you walked down Bundy with Miss Aaronson, did you walk on the outside of the sidewalk or the inside of the sidewalk?

# 184 MR. MANDEL:

I was on the inside.

# 185 MS. CLARK:

You were on the inside closest to the walkway?

# 186 MR. MANDEL:

Closest--yes, closest to the house.

# 187 MS. CLARK:

As you were walking with her and talking to her, I think you indicated earlier you were not looking up the walkway to each house, correct?

# 188 MR. MANDEL:

Correct.

# 189 MS. CLARK:

You were trying to get to know Miss Aaronson; is that right?

# 190 MR. MANDEL:

We were just making small talk, correct.

# 191 MS. CLARK:

You were paying attention to her, correct?

# 192 MR. MANDEL:

This small talk--yeah, I was paying attention to her.

# 193 MS. CLARK:

Your first date?

# 194 (No audible response.)

# 195 MS. CLARK:

All right. Now, you indicated to us that you weren't sure exactly what route you took to Mezzaluna, correct?

# 196 MR. MANDEL:

Correct.

# 197 MS. CLARK:

One route that we have here I would like to be marked People's 493, your Honor.

# 198 MR. SHAPIRO:

Your Honor, I'm going to object that this is speculative.

# 199 THE COURT:

Yes.

# 200 (Peo's 493 for id = diagram)

# 201 MS. CLARK:

No, that was the witness--

# 202 THE COURT:

Overruled.

# 203 MS. CLARK:

Okay.

# 204 MS. CLARK:

That is one route you may have taken according to your testimony, correct?

# 205 MR. MANDEL:

Maybe. I may have taken, yes.

# 206 MS. CLARK:

Okay. Print that.

# 207 MS. CLARK:

All right. Now, I'm going to ask you, sir--

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

# 209 MS. CLARK:

Start again at the same point on Darlington. Can you put the cross where it should be, Mr. Mandel?

# 210 MR. MANDEL:

It should be right there on that street.

# 211 MS. CLARK:

Okay. Can you tell us another route you may have taken?

# 212 MR. SHAPIRO:

Your Honor, I'm going to object. This is totally speculative. We would stipulate that there are several routes.

# 213 THE COURT:

Overruled. But this may be cumulative at some point in time.

# 214 MS. CLARK:

I won't do it ad nauseam, your Honor.

# 215 MS. CLARK:

Go ahead. Another possible way to the restaurant that you could have taken that night?

# 216 MR. MANDEL:

I mean, I guess I could have gone down Darlington going east.

# 217 MS. CLARK:

Okay.

# 218 THE COURT:

Mr. Mandel, is there any of these possible routes that you feel more strongly the possibility that you took?

# 219 MR. MANDEL:

I just don't recall specifically how I got there. I believe I went--we went left on Westgate, but whether we took Dorothy down and made another left or whether we continued to Gorham and made the right, I just don't recall that.

# 220 MS. CLARK:

All right. Wait, wait, wait, stop. You didn't need to necessarily take a left on Westgate, but that is what you believe at this time?

# 221 MR. MANDEL:

Yes.

# 222 MS. CLARK:

All right.

# 223 THE COURT:

Counsel, I don't think we need to draw all the different routes.

# 224 MS. CLARK:

May we approach?

# 225 THE COURT:

No.

# 226 MS. CLARK:

Just this one then? One?

# 227 THE COURT:

The jury knows it is a possible route. He doesn't remember. The jury can figure out the different permutations on how to get from point a to point B.

KEY QUOTE

# 228 MS. CLARK:

All right.

# 229 MS. CLARK:

Let me ask you this, Mr. Mandel: In order to get back to the Darlington location from Mezzaluna, you could have gone down Gorham and made a left at Granville, correct?

# 230 MR. MANDEL:

That is a possible way.

# 231 MS. CLARK:

Stop. Back up.

# 232 MR. SHAPIRO:

Your Honor, I'm going to object. This is speculative.

# 233 MS. CLARK:

Made a left here and gone down to Darlington--

# 234 THE COURT:

Overruled.

# 235 MS. CLARK:

And made a right and gone all the way down to Miss Aaronson's apartment that way, correct?

# 236 MR. MANDEL:

That would be one way of going there.

# 237 MS. CLARK:

Okay. And then another way would have been to go down Gorham and make a left at Westgate; is that right?

# 238 MR. MANDEL:

Yes, that would be yet another way.

# 239 MS. CLARK:

Now, if you had taken either one of those routes and gone--if you had taken either one of those routes, you never would have gone onto Bundy at all, would you?

# 240 MR. MANDEL:

That's true.

# 241 MS. CLARK:

But instead it is your testimony that you went all the way down Gorham?

# 242 MR. MANDEL:

Correct.

# 243 MS. CLARK:

And then you actually crossed--can we do this--great, thanks. I'm going to ask you to direct the arrow and tell the jury what route you took.

# 244 MR. MANDEL:

We went down Gorham towards Bundy, it is a rather large intersection at Bundy and Gorham, and we came around there to the left.

# 245 MS. CLARK:

Now, you crossed Bundy; is that correct?

# 246 MR. MANDEL:

Yes, it is.

# 247 MS. CLARK:

And you went to the opposite side of Bundy; is that right?

# 248 MR. MANDEL:

Yes, that's right.

# 249 MS. CLARK:

And you went down Bundy?

# 250 MR. MANDEL:

Until just before the intersection of Darlington and Bundy.

# 251 MS. CLARK:

Okay. Now, wait a minute. At this point you are still on the--you are going to have to back up. You are still on the west side of the street?

# 252 MR. MANDEL:

Yes.

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

# 254 MS. CLARK:

So you actually had to cross Bundy, correct, to stay on the west side?

# 255 MR. MANDEL:

Yes, that's correct.

# 256 MS. CLARK:

And then you crossed Dorothy and you were still on the west side; is that right?

# 257 MR. MANDEL:

Yes.

# 258 MS. CLARK:

That is your testimony?

# 259 MR. MANDEL:

Yes, that's right.

# 260 MS. CLARK:

You are sure about that?

# 261 MR. MANDEL:

I'm positive.

# 262 MS. CLARK:

And you continued to the west side of Bundy until almost--stop--tell it where to stop. I'm telling him to stop.

# 263 MR. MANDEL:

Yes. Until just before the intersection of Darlington and Bundy and then we crossed--I think there is a driveway right there and we just diagonally went across the street onto Darlington onto the north side of Darlington.

# 264 MS. CLARK:

So you went diagonally across the street and you had to cross back to the east side, correct?

# 265 MR. MANDEL:

The east side of Bundy, correct.

# 266 MS. CLARK:

So you didn't just stay on the east side of Bundy to begin with, you actually crossed over to the west side of Bundy which made you then have to cross back on the east side again at the intersection of Bundy and Darlington?

# 267 MR. SHAPIRO:

Objection, argumentative.

# 268 THE COURT:

Overruled.

# 269 MS. CLARK:

Correct?

# 270 MR. MANDEL:

Correct. We were always on the west side of Bundy.

# 271 MS. CLARK:

As you walked you were talking to Miss Aaronson?

# 272 MR. MANDEL:

Correct.

# 273 MS. CLARK:

It was fairly dark?

# 274 MR. MANDEL:

Yes.

# 275 MS. CLARK:

You were not trying to look and see if there was blood on the walkway or blood on the sidewalk, correct?

# 276 MR. MANDEL:

That's correct.

# 277 MS. CLARK:

And you got--when you got to the location--at some point you looked at your watch; is that right?

# 278 MR. MANDEL:

Yes, that's right.

# 279 MS. CLARK:

And where was it that you looked at your watch?

# 280 MR. MANDEL:

It was at about the midpoint between that intersection of Bundy and Darlington and where Ellen's apartment is. There is a driveway--there is like an alleyway.

# 281 MS. CLARK:

And can you show--can you direct the arrow to that point?

# 282 MR. MANDEL:

Yeah. If you go on--well, it is right between the pink line and the first parking of Ellen's apartment, approximately there, (Indicating).

# 283 THE COURT:

Can you change the orientation of the arrow? I think that would be more helpful.

# 284 MS. CLARK:

Is that correct?

# 285 MR. MANDEL:

Well, I mean a little closer towards the "X." Yeah, approximately there.

# 286 MS. CLARK:

Okay. You are not sure exactly where you were when you looked at your watch; is that right?

# 287 MR. MANDEL:

It was near that alley. I just can't tell exactly on this where that was.

# 288 MS. CLARK:

And when you looked at your watch you thought it was about 10:30?

# 289 MR. MANDEL:

Yes.

# 290 MS. CLARK:

You are not sure actually, somewhere around 10:30, correct?

# 291 MR. MANDEL:

Correct.

# 292 MS. CLARK:

And at that point you made an estimate of how long it had been since you passed by the location of 875 south Bundy?

# 293 MR. MANDEL:

I didn't do that that evening, but--

# 294 MS. CLARK:

You have done that since then?

# 295 MR. MANDEL:

Yes, I have.

# 296 MS. CLARK:

When was the first time you did that?

# 297 MR. MANDEL:

I suppose I began thinking about it, you know, back the week--that week in June.

# 298 MS. CLARK:

Okay. So it was, what, a couple days after it happened?

# 299 MR. MANDEL:

I don't know. Perhaps in the--yeah, a couple days after.

# 300 MS. CLARK:

And all you could do was estimate because you were not looking at your watch when you crossed--when you say you walked down across 875 south Bundy, correct?

# 301 MR. SHAPIRO:

Objection, asked and answered.

# 302 THE COURT:

Overruled.

# 303 MR. MANDEL:

I did not look at my watch when I was at 875, no.

# 304 MS. CLARK:

You didn't look at your watch at any point when you were walking down Bundy, did you?

# 305 MR. MANDEL:

No.

# 306 MS. CLARK:

You didn't look at your watch when you left the restaurant, did you?

# 307 MR. MANDEL:

No.

# 308 MS. CLARK:

And the only time you remember looking at your watch at this point was when you got down to Darlington; is that right?

# 309 MR. MANDEL:

That's correct.

# 310 MS. CLARK:

When you say now it was about 10:30, correct?

# 311 MR. MANDEL:

Correct.

# 312 MS. CLARK:

And you then walked Miss Aaronson home; is that right?

# 313 MR. MANDEL:

Yes, that's right.

# 314 MS. CLARK:

How long did you stay at her apartment?

# 315 MR. MANDEL:

I stayed until probably eleven o'clock, approximately eleven o'clock.

# 316 MS. CLARK:

Did you hear any dogs barking at any point that night?

# 317 MR. MANDEL:

No, I did not.

# 318 MS. CLARK:

And when you left her apartment did you drive?

# 319 MR. MANDEL:

Yes, I did.

# 320 MS. CLARK:

And where did you drive?

# 321 MR. MANDEL:

I headed east on Darlington.

# 322 MS. CLARK:

And did you hear any dogs barking at that time?

# 323 MR. MANDEL:

No, I did not.

# 324 MS. CLARK:

You didn't live in the neighborhood, correct?

# 325 MR. MANDEL:

No, I didn't.

# 326 MS. CLARK:

So you never heard any dogs barking at any time that night, did you?

# 327 MR. MANDEL:

Nothing that I can recollect, no.

# 328 MS. CLARK:

You have no recollection of any dogs barking?

# 329 MR. MANDEL:

Correct.

# 330 MS. CLARK:

May I have a moment?

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

# 332 MS. CLARK:

May I mark this printout, your Honor, first of all, as People's--should I give it its own number or 493-A?

# 333 THE COURT:

No, 494.

# 334 MS. CLARK:

494.

# 335 (Peo's 494 for id = computer printout)

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

# 337 MS. CLARK:

We are done. Thank you. Nothing further.

Temperature

tense

Key Quotes (5)

Marcia Clark

And you still don't know exactly when you walked down Bundy; is that right?

Core of Clark's attack — Mandel's testimony about the timeline near 875 South Bundy is based on estimates, not direct observation, undermining the defense's use of him to establish a 'nothing to see' window.

Danny Mandel

I did that with Mr. Bailey, perhaps one month ago, and then with Mr. Neufeld last--a week ago Monday.

Reveals Mandel walked the route twice with defense attorneys, suggesting preparation and potential coaching of his pace/timing estimates.

Marcia Clark

Do either one of them look like Miss Aaronson?

Sarcastic implication that walking with defense attorneys cannot replicate the conditions of the original date night, undermining the validity of the timed re-enactments.

Lance A. Ito

The jury knows it is a possible route. He doesn't remember. The jury can figure out the different permutations on how to get from point a to point B.

Judge cuts off Clark's mapping exercise, signaling the route speculation was unproductive — but also implicitly underscoring that Mandel's route memory is unreliable.

Danny Mandel

We were just talking about my going back to school and we were trying to reenact to get an approximate pace.

Confirms the walk with defense counsel was a deliberate reconstruction exercise, not incidental — reinforcing the coaching narrative.

Evidence (3)

People's 493

Diagram/map showing one possible route Mandel may have taken from Mezzaluna to Aaronson's apartment

introduced and used to trace witness's walk on Bundy

People's 494

Computer printout of route map

introduced as follow-up to 493 during route reconstruction

Informal

Mezzaluna credit card receipt — Mandel called his credit card company at LAPD's request to determine departure time

discussed; established that even after obtaining the receipt, he could not pinpoint exactly when he left

Notable Exchanges (3)

Marcia Clark•Danny Mandel

Clark establishes Mandel spoke to Aaronson two to three times before ever speaking to police, then continued contact afterward and met with the full defense team (Cochran, Shapiro, Douglas, Bailey) one week before testifying — with no notes or recordings taken.

strategic

Marcia Clark•Lance A. Ito

Ito cuts Clark off mid-question when she asks whether walking with Neufeld 'felt the same' as walking with Aaronson — 'Counsel, I don't think we need that' — and later stops the route-drawing exercise entirely.

procedural/mildly corrective

Marcia Clark•Danny Mandel

Clark extracts that Mandel never looked at his watch while on Bundy, didn't look when leaving the restaurant, and only checked it near Darlington (~10:30) — meaning any time estimate for passing 875 South Bundy is pure reconstruction.

methodical/revealing

Light Moments (2)

Marcia Clark / Danny Mandel

Clark asks about the mutual doctor who set up the blind date: 'Has he set you up since?' Mandel replies: 'Attempted.'

Marcia Clark

After Mandel says he walked the route with defense attorneys Bailey and Neufeld, Clark deadpans: 'Do either one of them look like Miss Aaronson?'

Credibility Attacks (3)

⚔ Danny Mandel

bias / coordination with defense

Clark establishes Mandel spoke repeatedly with co-witness Aaronson before contacting police, then met with the full defense team (Cochran, Shapiro, Douglas, Bailey) approximately one week before testifying, with no record of the meeting taken.

⚔ Danny Mandel

coaching / rehearsed testimony

Mandel walked the route twice with defense attorneys Bailey and Neufeld, specifically to time his pace — Clark implies the re-enactments were orchestrated to produce a favorable timeline estimate.

⚔ Danny Mandel

memory uncertainty

Clark methodically extracts admissions that Mandel did not look at his watch when leaving Mezzaluna, when walking down Bundy, or when passing 875 South Bundy — his 10:30 estimate is based solely on a glance taken near Darlington, making the earlier timeline inference speculative.

Witness Demeanor

(Nods head up and down.) [multiple instances — witness repeatedly had to be asked to give audible yes answers]

(No audible response.) [when Clark references 'your first date']

Objections

5 objections (0 sustained, 5 overruled)

Proceeding 6729 • 337 utterances • Defense witness

Criminal Trial

Department 103