Marcia Clark cross-examined Denise Pilnak, a neighbor witness who testified she heard dogs barking at approximately 10:33 PM on June 12th — a time favorable to the defense's timeline. Clark attacked Pilnak's credibility by highlighting that she told police on June 13th the dogs barked at 11:30 PM, that she only wrote her detailed itinerary seven months after the murders, and that she had extensively discussed the events with fellow defense witnesses Judy Telander and Ellen Aaronson while waiting together in a room for hours before testifying.
# 1 THE COURT: People. Miss Clark.
# 2 MS. CLARK: Thank you.
CROSS-EXAMINATION BY MS. CLARK
# 3 MS. CLARK: Miss Pilnak, you're a stickler for time, are you?
# 4 MS. PILNAK: Yes, I am.
# 5 MS. CLARK: And you wear two watches; is that right?
# 6 MS. PILNAK: Not always. If I'm in a rush, you know, to the airport or I have to be someplace. I have lots of clocks in my home.
# 7 MS. CLARK: Uh-huh. And when the police officers contacted you on the morning of June the 13th, you knew that they were talking--coming to talk to you about a murder investigation, correct?
# 8 MS. PILNAK: Yes, I did.
# 9 MS. CLARK: And you knew that one of the victims was Nicole Brown, correct?
# 10 MS. PILNAK: I had just found out.
# 11 MS. CLARK: You didn't know her, did you?
# 12 MS. PILNAK: No, other than in passing, when you see someone, you know, four or five times a week for six months.
# 13 MS. CLARK: You saw her in the neighborhood; is that right?
# 14 MS. PILNAK: I saw her on San Vicente Boulevard.
# 15 MS. CLARK: You didn't go to her house?
# 17 MS. CLARK: She didn't go to your house?
# 19 MS. CLARK: She was not a personal friend of yours?
# 21 MS. CLARK: All right. So you knew that they were talking about a murder investigation on the morning of June the 13th, correct?
# 23 MS. CLARK: That's pretty important, isn't it?
# 24 MS. PILNAK: Yes, it is.
# 25 MS. CLARK: And you knew that what you said to the police officer would be important, didn't you?
# 27 MS. CLARK: And so you were trying to be careful to tell them accurately whatever information you had, weren't you?
# 28 MS. PILNAK: Yes. But I was in shock. I had just found this out minutes before they walked in.
# 29 MS. CLARK: And you didn't know her. You did not know Nicole Brown, correct? She was not your friend?
# 30 MS. PILNAK: Just because someone isn't my friend. When you see someone every day, there is--
# 31 MS. CLARK: No. Miss--excuse me. Can you answer my question?
# 32 MR. COCHRAN: Your Honor, just a moment.
# 33 THE COURT: Wait, wait, wait.
# 34 MS. CLARK: Well, I object. That's nonresponsive.
# 35 THE COURT: Objection, correct?
# 36 MR. COCHRAN: Objection, your Honor.
# 37 THE COURT: All right. Allow her to finish the answer.
# 39 THE COURT: If it's not responsive, I'll strike it. But you've already asked the question regarding her friendship with Nicole Brown Simpson.
# 41 MS. CLARK: All right. Can you answer this? You were talking to the police officers. You knew that your answers to their questions would be important, correct?
# 42 MS. PILNAK: I was in shock. I guess so, but I was in--I was in shock when they came over.
# 43 MS. CLARK: There would be an objection as nonresponsive for everything except "I guess so."
# 44 THE COURT: Sustained.
# 45 MS. CLARK: Motion to strike.
# 46 THE COURT: The jury is to disregard the last portion of the answer. Proceed.
# 47 MS. CLARK: So you guess so, that it was important to give them the correct answers, but you didn't, did you, at least according to your testimony today?
# 48 MS. PILNAK: At that moment in time, because of the way that I--the way I was feeling, it was the best of my recollection. I had just come in my house minutes before. I had just found out that Nicole was murdered.
# 49 MS. CLARK: Be another objection as nonresponsive, your Honor. Motion to strike.
# 50 THE COURT: Overruled.
# 51 MS. CLARK: Now, Miss Pilnak, you've given several interviews to the press since this case occurred; did you not?
# 52 MS. PILNAK: Living on Bundy, I've had cameras in front of my face. Yes.
# 53 MS. CLARK: And you've spoken on television regarding your observations in this case, correct?
# 54 MS. PILNAK: I believe I have.
# 55 MS. CLARK: And as a matter of fact, you were interviewed on June the 13th outside the Bundy condo; isn't that right?
# 56 MS. PILNAK: I think so, yes.
# 57 MS. CLARK: And on June the 14th, you were interviewed in front of Rockingham, weren't you?
# 59 MS. CLARK: You don't live in Rockingham, do you?
# 60 MS. PILNAK: No. But I run there every Monday and Tuesday.
# 61 MS. CLARK: And so when you were running there on June the 14th, that was on Tuesday, you were interviewed again, correct?
# 62 MS. PILNAK: I guess so, yes.
# 63 MS. CLARK: And you told the press that--also the same thing you told the police officers, that you heard dogs barking at around shortly before midnight; isn't that correct?
# 64 MS. PILNAK: If you say so.
# 65 MS. CLARK: Do you recall talking to the press about what time you heard dogs barking?
# 66 MS. PILNAK: Uh, I believe I do.
# 67 MS. CLARK: And do you recall talking to them on June the 14th in front of Rockingham?
# 68 MR. COCHRAN: May I approach, your Honor?
# 69 THE COURT: No. Miss Clark, yes.
# 70 MS. CLARK: Do you recall talking to a reporter for a newspaper called the Atlanta Constitution on June the 14th, 1994?
# 71 MS. PILNAK: I don't recall that particular person.
# 72 MS. CLARK: But you recall talking to reporters on that date, correct?
# 73 MS. PILNAK: I believe so.
# 74 MS. CLARK: And you recall telling those reporters or at least one of those reporters that you remember hearing dogs barking shortly before midnight?
# 75 MS. PILNAK: I believe so.
# 76 MS. CLARK: And were you still in shock on June the 14th, Miss Pilnak?
# 77 MS. PILNAK: Well, I think for a few days I was in shock.
# 78 MS. CLARK: Were your memory--you had a memory of the events at the time that you were speaking--strike that. Would you say that your memory of what occurred on the evening of June the 12th was better on June the 13th or better on January the 25th, 1995?
# 79 MS. PILNAK: Probably January.
# 80 MS. CLARK: Your memory was better seven months later; is that right, ma'am?
# 81 MS. PILNAK: Well, if I have to choose between the two dates.
# 82 MS. CLARK: Well, I mean, maybe you're not like the rest of us. Does your memory fade with time?
# 83 MR. COCHRAN: Objection.
# 84 THE COURT: Sustained. Sustained.
# 85 MR. COCHRAN: Objection. Argumentative.
# 86 THE COURT: I said sustained. Rephrase the question.
# 87 MR. COCHRAN: Does your memory fade with time, Miss Pilnak, or get sharper?
# 88 MS. PILNAK: Well, when I write things down, it doesn't fade. I can always go back and look at what I wrote down.
# 89 MS. CLARK: All right. I'm going to show you a report I ask to be marked People's next in order, 496.
# 90 THE COURT: I believe it's 498.
# 92 (Peo's 498 for id = police report) # 93 THE COURT: And what is this item, counsel?
# 94 MS. CLARK: This is the police report. I'm going to first show the witness.
# 95 THE COURT: All right. Mr. Cochran, do you have a copy? What page?
# 96 MS. CLARK: Well, Mr. Cochran is looking at that.
# 97 MS. CLARK: On June the 14th, you were in shock, and you took a run up to Rockingham?
# 98 MS. PILNAK: I run every day.
# 99 MS. CLARK: Even when you're in shock?
# 100 MS. PILNAK: Well, what I mean is, I was--I mean, this--this is a quiet neighborhood and I was shocked by what had happened. Of course. I run every day. It doesn't mean that I can't function.
# 101 MS. CLARK: Right. It was a shocking event, correct?
# 102 MS. PILNAK: Very shocking.
# 103 MS. CLARK: That doesn't mean that you are medically in shock, correct?
# 104 MS. PILNAK: That's correct.
# 105 MS. CLARK: Showing you a report that's been marked as People's 497? 8.
# 108 THE COURT: What's the date on that report, Miss Clark?
# 109 MS. CLARK: Date on the report is June 14th.
# 110 THE COURT: Thank you.
# 111 MS. CLARK: Do you see your name on this report?
# 112 MS. PILNAK: Yes, I do.
# 113 MS. CLARK: And is that your name?
# 114 MS. PILNAK: Can I say something? It's incorrectly spelled.
# 115 MS. CLARK: Right. They have an "M" instead of an "N" in your name?
# 117 MS. CLARK: All right. But the address on this is correct; is that right?
# 119 MS. CLARK: That's your address?
# 121 MS. CLARK: And you spoke to the police officers on June the 13th, 1994, correct?
# 123 MS. CLARK: And what time was it when you spoke to them?
# 124 MS. PILNAK: Around 10:15 in the morning.
# 125 MS. CLARK: And is that--I believe you indicated on direct that it was about 10:00 o'clock when you spoke to them? Didn't you indicate to that?
# 126 MR. COCHRAN: I object to that. Misstates the evidence, your Honor.
# 127 THE COURT: Overruled.
# 128 MS. PILNAK: 10:00, 10:15. I did not look at my watch when they came in.
# 129 MS. CLARK: So you can't be precise about that time?
# 130 MS. PILNAK: No. Not that time.
# 133 MS. CLARK: And even though you were in a shocked condition, that did not prevent you from speaking to the reporters on camera on June the 13th and June the 14th, correct?
# 134 MR. COCHRAN: Object to the form of that question. Argumentative.
# 135 THE COURT: Overruled. But I think we've already asked that question.
# 136 MS. CLARK: Okay. Can she answer this one?
# 137 THE COURT: We've already asked the question.
# 138 MS. CLARK: All right. So you recall looking at your watch when you asked Mr.--Miss Telander--
# 140 MS. CLARK: You recall looking at your watch when you asked her to leave, correct?
# 142 MS. CLARK: But you did not look at your watch when the officers came to interrogate you about a murder investigation?
# 143 MR. COCHRAN: Asked and answered, your Honor.
# 144 THE COURT: Sustained.
# 145 MS. CLARK: Showing you People's 498. All right. I've folded down the identifying information on your--on the police report. This is the report I just showed you, correct?
# 147 MS. CLARK: And the statement says that you indicated you heard dogs barking on the night of June the 12th at about 11:30 P.M., correct?
KEY QUOTE # 149 MS. CLARK: And you--that's the truth. That is what you told them on that date?
# 150 MS. PILNAK: That is what I told them on that date.
# 151 MS. CLARK: All right. And after you spoke to the police on June the 13th, you spoke to the press on June the 13th and 14th and then your next contact with the police was on January 25th, 1995, correct?
# 152 MS. PILNAK: That's correct.
# 153 MS. CLARK: And that was after you had seen the opening statements; is that correct?
KEY QUOTE # 154 MS. PILNAK: That's correct.
# 155 MS. CLARK: And on January the 25th, 1995, you typed out this itinerary of what you did that day, correct?
# 157 MS. CLARK: And I'm going to show you the first page of that and ask if you recognize--
# 158 MR. COCHRAN: Yes. I'll approach. I've seen that, yes.
# 159 THE COURT: All right.
# 160 MS. CLARK: And is that an accurate copy of the itinerary you typed out on January 25th, 1995?
# 161 MS. PILNAK: That is what I typed, but there were some changes made since then.
# 162 MS. CLARK: And have you furnished those changes to the Prosecution or to the police?
# 163 MS. PILNAK: Umm, I told the police and I furnished them also to the Defense.
# 164 MS. CLARK: Okay. You told the police that it could have been 10:33 and not 10:35 as you indicated in your itinerary back--that you typed in January of 1995?
# 166 MS. CLARK: And did you indicate to anyone that the dog might have been barking earlier, but you hadn't heard it?
# 167 MR. COCHRAN: Assumes facts not in evidence, your Honor.
# 168 THE COURT: Overruled.
# 170 MS. CLARK: Okay. And who did you tell that to?
# 171 MS. PILNAK: Umm, I spoke to a detective, and I'm not sure which detective it was.
# 172 MS. CLARK: Now, who lives closer to 875 south Bundy, Miss Pilnak? You or Pablo Fenjves?
# 173 MS. PILNAK: Pablo lives in back. I'm in front. So the sound--I'm closer to where--in a sense to where the crime occurred.
# 174 MS. CLARK: Show us--please show the jury where you live.
# 175 MS. PILNAK: Sure. I live right here (Indicating).
# 176 MS. CLARK: Okay. You know what? Let's--can we get the chart up there? I'm going to ask you to mark it for us. Go ahead. You can have a seat. I'm going to ask you to direct an arrow. All right. We're showing you a chart now that is basically People's 26. Can--you know, you can look at your monitor if that will help.
# 177 THE COURT: Yes. Miss Pilnak?
# 178 MS. CLARK: Miss Pilnak?
# 180 MS. CLARK: Isn't that easier?
# 182 MS. CLARK: All right. Why don't you direct the arrow to where you were living at the time--at the night of June the 12th, 1994?
# 183 MS. PILNAK: How am I supposed to direct the arrow?
# 184 MS. CLARK: Tell it where to go, up or down.
# 185 MS. PILNAK: Oh. Down about midway on the other side on the east side of the street. A little bit closer up to the street. Just right about in the middle. Correct.
# 186 MS. CLARK: Okay. Will you mark that, please. Thank you. All right. And where do you think 875 south Bundy is?
# 187 MS. PILNAK: Well, it's the--it's easier to look up here. It is the--this chart, the red.
# 188 MS. CLARK: Uh-huh. Okay. We don't have to mark that because it's already marked. And do you know where Pablo Fenjves lives?
# 189 MS. PILNAK: Yes. He's the yellow building behind.
# 190 MS. CLARK: Okay. And you believe that you were closer to 875 south Bundy than he?
# 191 MS. PILNAK: Well, it's a toss because you're talking about the frontage of the house which the lots are 50 feet versus, you know, the back--the back of his house. He's probably--I mean he's closer, but in terms of--
# 192 MS. CLARK: If you were to--
# 193 MS. PILNAK: --the front--
# 194 MS. CLARK: I'm sorry. Go ahead. I'm sorry. If you were to--
# 195 MS. PILNAK: I'd have to--I mean it--
# 197 MS. PILNAK: He's closer.
# 198 MS. CLARK: Thank you.
# 199 MS. CLARK: Can we print that, please? People's 499?
# 200 THE COURT: People's 499.
# 201 (Peo's 499 for id = printout) # 202 MS. CLARK: I'm going to wrap up, your Honor.
# 203 MS. CLARK: Miss Pilnak, let me ask you something. When you were out on the porch, you were there for what period of time?
# 204 MS. PILNAK: About three or four minutes.
# 205 MS. CLARK: Okay. And you went out there at 10:21?
# 206 MS. PILNAK: Approximately 10:21.
# 207 MS. CLARK: Could be 10:22?
# 208 MS. PILNAK: It could be 10:22.
# 209 MS. CLARK: All right. And when you were out there on the porch--or 10:20 by the way?
# 210 MS. PILNAK: It wasn't 10:20 because it--by the time I said what I did to my girlfriend and printed out the report, it's three minutes.
# 211 MS. CLARK: Okay. And you--you were standing on the porch for approximately four minutes?
# 212 MS. PILNAK: Three to four minutes, yes.
# 213 MS. CLARK: While you were standing out on that porch, did you see a young couple, a boy and a girl, walking southbound on Bundy?
# 215 MS. CLARK: Did you see a girl wearing light colored pants and a beige--
# 217 MS. CLARK: Thank you.
# 218 MS. CLARK: --blazer?
# 219 THE COURT: With stripes.
# 221 MS. CLARK: Did you see a white Nissan--excuse me. Did you see a Nissan 300ZX driving northbound on Bundy?
# 222 MS. PILNAK: No, I did not.
# 223 MS. CLARK: Did you see a white--strike that. Do you have a clear view of the intersection of Bundy and Dorothy?
# 224 MS. PILNAK: Yes, I do.
# 225 MS. CLARK: From your porch?
# 226 MS. PILNAK: Very clear.
# 227 MS. CLARK: And would you be able to see the street area along the parking curb of Bundy on the west side of Bundy in front of 875 south Bundy?
# 229 MS. CLARK: Can you also see on that curb area all the way down to the intersection of Bundy and Dorothy?
# 230 MS. PILNAK: Would you repeat that?
# 231 MS. CLARK: Sure. Let me show you on People's 26. I'm showing you now the area that would be the curb in front of 875 south Bundy and all the way down to the intersection of Dorothy and Bundy.
# 233 MS. CLARK: Okay. Is that visible to you from where you live?
# 234 MS. PILNAK: Yes, it is.
# 235 MS. CLARK: If you are standing on your porch, can you clearly see that location?
# 237 MS. CLARK: On the night of June the 12th, when you were out on your porch, did you see any large white Ford truck?
# 239 MS. CLARK: Did you see any vehicles parked on the curb area there?
# 240 MS. PILNAK: I didn't notice any vehicles.
# 241 MS. CLARK: Did you hear any loud voices coming from the location of the intersection of Bundy and Dorothy that night?
# 243 MS. CLARK: At any time?
# 245 MS. CLARK: Other than the sound of the dog barking at 10:33 or even possibly earlier as you've indicated, was that the only sound that you heard?
# 246 MR. COCHRAN: That misstates the evidence.
# 247 THE COURT: Overruled.
# 248 MS. PILNAK: Would you repeat that, please?
# 249 MS. CLARK: Yes. On the night of June the 12th, as you've testified, at approximately 10:33 or possibly earlier as you've indicated, the sound of the dog barking, was that the only sound you heard that drew your attention on the night of June the 12th?
# 250 MS. PILNAK: That--at that time, yes, but it wasn't before 10:33. I'm positive of that.
# 251 MS. CLARK: Okay. You're very sure of that?
# 252 MS. PILNAK: Well, I retimed my activities.
# 253 MS. CLARK: And when you say you retimed your activities--well, let me ask--let me--I've already shown you this page of your itinerary, correct?
# 255 MS. CLARK: All right. I'm going to show it to you now so the ladies and gentlemen of the jury can see it.
# 256 MS. CLARK: Don't show her address.
# 257 MS. CLARK: We're blocking out the top part, identifying information. But this is what you've just identified, correct?
# 258 MS. PILNAK: Yes. But there were additions.
# 259 MS. CLARK: I'm sorry. This is the itinerary though that you typed in January--on January 25th of 1995?
# 261 MS. CLARK: And on January 25th, 1995, you were able to recall that exactly 10:18 P.M., you looked at the digital time clock on your message machine and said to Judy, quote, "Judy, it's 10:18 and you're going to have to leave. I'm going to aspen in two days and I have a ton of things I have to get done. You've been here all day," end quote.
# 263 MS. CLARK: And you remember saying those exact words to her; is that correct?
# 264 MS. PILNAK: I remembered saying those the following day. I didn't just remember in January.
# 265 MS. CLARK: But you didn't write it down the following day, did you?
# 266 MS. PILNAK: No, I did not.
# 267 MS. CLARK: You wrote it down on January 25th, 1995?
# 269 MS. CLARK: And then for the entry for 10:21 to 10:25 P.M., you indicate that you and Judy commented about the weather saying, quote, "It's really a strange night. It's so quiet. It's almost eerie," in all caps, end quote, and you recall making that exact comment to her?
# 270 MS. PILNAK: Yes, I do.
# 271 MS. CLARK: And you recalled that on January 25th, 1995, seven months after the event?
# 272 MS. PILNAK: I recalled it earlier also, yes.
# 273 MS. CLARK: But you only wrote it down seven months later, correct?
# 275 MS. CLARK: Now, on the second page, you indicate--I'm going to show it to you--"The dog continuously barked. I said to myself out loud," quote, "I hope that damn dog stops barking before I go to sleep," end quote.
# 277 MS. CLARK: And you recall thinking those exact words at that exact time on June the 12th, 1995, correct?
# 278 MS. PILNAK: Yes. Yes. I said it out loud. I remember.
# 279 MS. CLARK: And you remembered that on January 25th, 1995, correct?
# 280 MS. PILNAK: I wrote it down on January 25th. I remembered it before then.
# 281 MS. CLARK: Now, if you would tell us, where did Judy drive? What was her direction of travel?
# 282 MS. PILNAK: Judy's car was parked right in front of my house on the street facing north, and she proceeded north to Dorothy, she made a left and--used to be able to make a left-hand turn there--and just made a U-turn right--she--she was parked here, came up and turned right in there (Indicating) and then went south.
# 283 MS. CLARK: Okay. And that was at 10:21 or 10:22?
# 284 MS. PILNAK: No. It was probably 10:24 or right at 10:25.
# 285 MS. CLARK: And you saw--while you were out on the porch, you saw no other car proceeding from Dorothy and north on Bundy?
# 286 MS. PILNAK: No other car. That's why we commented on that night.
# 287 MS. CLARK: You did not see a 300 Nissan ZX driving westbound on Dorothy and then northbound on Bundy?
# 288 MR. COCHRAN: Asked and answered.
# 289 THE COURT: Sustained.
# 290 MS. CLARK: Now, Judy Telander is here in court with you today, isn't she?
# 291 MS. PILNAK: Yes, she is.
# 292 MS. CLARK: And you have been waiting together in the--in a little room?
# 294 MS. CLARK: And you saw Ellen Aaronson today, didn't you?
# 296 MS. CLARK: And you were waiting with her in that little room?
# 298 MS. CLARK: And how long were you all together in that room?
# 299 MS. PILNAK: Well, everybody was running in different directions, but probably a few hours, you know, since this morning. Could of--you know, four or five hours.
# 300 MS. CLARK: Uh-huh. And now, Miss Telander is somebody who has been your friend for quite a long time?
# 302 MS. CLARK: And after you were--became aware of the murders that were committed on Bundy on June the 12th, you spoke to her about the events of that night; did you not?
# 304 MS. CLARK: On several occasions; have you not?
# 306 MS. CLARK: In fact, you've shown her this script, haven't you, your itinerary?
# 308 MR. COCHRAN: Object to use of the word "Script."
# 309 THE COURT: Overruled.
# 310 MR. COCHRAN: Move to strike.
# 311 MS. CLARK: Well, there's dialogue.
# 312 MS. CLARK: And on how many occasions would you say you've spoken to her about the events of that night since June the 13th?
# 313 MS. PILNAK: Well, initially, particularly right after the preliminary hearing, a lot. Several times. I mean, I couldn't put, you know, a number to that, but many, many times.
# 314 (Discussion held off the record between the Deputy District Attorneys.) # 315 MS. CLARK: Do you recall exactly how long you've been here today?
# 316 MS. PILNAK: Umm, I arrived about 10:15, 10:30.
# 317 MS. CLARK: And you are wearing two watches?
# 318 MS. PILNAK: Well, my first watch wasn't working real well. So I just wanted to make sure with time.
# 319 MS. CLARK: So was it 10:15 or was it 10:30?
# 320 MS. PILNAK: I didn't look at what time I arrived today. I'm a stickler with time when I remember things, when I look at a clock and say it's 10:18, and then it's very easy because I have a routine in my life. So I can very easily calculate how long things take.
# 321 MS. CLARK: Was it not a big event for you to come to court today?
# 322 MS. PILNAK: I wasn't looking forward to it.
# 323 MS. CLARK: Is it not a big event, Miss Pilnak, for you to come to court today?
# 324 MS. PILNAK: It is a big event, but--
# 325 MS. CLARK: Not something you do every day, is it?
# 326 MS. PILNAK: No, it's--
# 327 MR. COCHRAN: May she finish the answer, your Honor?
# 328 THE COURT: Yes. Allow her to finish, Miss Clark.
# 329 MS. CLARK: I have nothing further.
# 330 MR. COCHRAN: A few questions.