Cross-examination of Ellen Aaronson (part 2)

📄 Cross-examination of Ellen Aaronson (part 2) — Tuesday, July 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\11\CROSS-EXAMINATION-OF-ELLEN-AAR.DOC

TRIAL

▲ Day 112 of 167

◀ Cross-examination of Ellen Aaronson (part 1) Redirect examination of Ellen Aaronson (part 1) ▶

Witness: Ellen Aaronson
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 11, 1995 • Utterances: 272

Marcia Clark cross-examines Ellen Aaronson, a defense witness who walked past 875 South Bundy with Danny Mandel around the time of the murders. Clark attacks the credibility of Aaronson's revised timeline (originally ~11 PM, later corrected to ~10:25 PM), probing her multiple pre-testimony conversations with Mandel and establishing that she wasn't looking up walkways, couldn't see blood or a body, and didn't hear dogs barking. Clark also highlights that Aaronson gave a different arrival time for roommate Jennifer Yow in her original June 1994 statement.

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

# 2 MS. CLARK:

As you walked--I'm showing you on the monitor, it's easier, so you can follow along.

# 3 MS. CLARK:

And for the record, on the monitor, I'm showing her the chart marked as People's 26, your Honor.

# 4 THE COURT:

Yes.

# 5 MS. CLARK:

As you walked down Bundy, you were on the inside or the outside of the sidewalk?

# 6 MS. AARONSON:

I was on the outside.

# 7 MS. CLARK:

You were closest to the street?

# 8 MS. AARONSON:

Correct.

# 9 MS. CLARK:

Miss Aaronson, you spoke to Mr. Mandel once before you spoke to Detective Kilcoyne, correct?

# 10 MS. AARONSON:

Yes.

# 11 MS. CLARK:

And then you spoke to him after you talked to Detective Kilcoyne; is that correct?

# 12 MS. AARONSON:

Yes.

# 13 MS. CLARK:

On how many occasions did you speak to Mr. Mandel after you spoke to Detective Kilcoyne for the first time in June?

# 14 MS. AARONSON:

Once.

# 15 MS. CLARK:

Only once?

# 16 MS. AARONSON:

After--let me--how many times did I speak to him between the two conversations or just since speaking with doctor--with Detective Kilcoyne?

# 17 MS. CLARK:

I'll--

# 18 MS. AARONSON:

I'm sorry. I'm confused.

# 19 MS. CLARK:

Between the date of June the 15th--

# 20 MS. AARONSON:

Uh-huh.

# 21 MS. CLARK:

--and July the 8th?

# 22 MS. AARONSON:

Okay.

# 23 MS. CLARK:

How many times did you speak to Mr. Mandel?

# 24 MS. AARONSON:

I'm sorry. I spoke to him my recollection is twice.

# 25 MS. CLARK:

Twice.

# 26 MS. AARONSON:

I spoke to him the day--the first time I spoke to Detective Kilcoyne and I spoke to him on the 7th, the night before I had to appear. He called me.

# 27 MS. CLARK:

I'm sorry. And the Defense subpoenaed you to the preliminary hearing, correct?

# 28 MS. AARONSON:

Correct. He didn't know that.

# 29 MS. CLARK:

And then the Defense did not call you to testify at the preliminary hearing, correct?

# 30 MS. AARONSON:

Correct.

# 31 MS. CLARK:

And you spoke to Danny Mandel then between June the 15th and July the 8th how many times?

# 32 MS. AARONSON:

Altogether, I would say approximately three.

# 33 MS. CLARK:

Three times. And on each of those occasions, did you discuss the events of the night of June the 12th?

# 34 MS. AARONSON:

The first time I spoke to him, it was very brief. The second time I spoke to him, it was about the credit card. We didn't get totally into the whole evening. The third time I spoke to him, it was a conversation about calling the police because he thought we should say something, and I told him that I already did and that I was subpoenaed. He didn't know that.

# 35 MS. CLARK:

And had you discussed what time you left the Mezzaluna with him?

# 36 MS. AARONSON:

I don't recall.

# 37 MS. CLARK:

You don't remember that?

# 38 MS. AARONSON:

I don't recall if we discussed the exact time that we left Mezzaluna, no.

# 39 MS. CLARK:

You don't recall whether you left--whether you talked to him about what time you left the Mezzaluna on that occasion?

# 40 MR. COCHRAN:

Asked and answered.

# 41 THE COURT:

Overruled.

# 42 MS. AARONSON:

I don't recall. He called me late at night the night before the hearing and I was a little nervous. So I don't--

# 43 MS. CLARK:

He called you the night before the preliminary hearing?

# 44 MS. AARONSON:

Yes.

# 45 MS. CLARK:

Now, on the two previous occasions that you spoke to him between June the 15th and July the 8th, did you discuss what time you left the Mezzaluna?

# 46 MS. AARONSON:

I don't recall discussing our times.

# 47 MS. CLARK:

You don't recall discussing the timing of the events on June the 12th with Mr. Mandel?

# 48 MS. AARONSON:

We had--I don't recall specifically going through beat by beat point of that evening with him. We had a very surface conversation about the night. We were talking--throwing around a lot of different conversation, but I can't tell you verbatim exactly if we sat there and said, so I know I left at this time.

# 49 MS. CLARK:

Then what did you talk about, Miss Aaronson?

# 50 MS. AARONSON:

We talked about how it was pretty strange that we had dinner at Mezzaluna, walked by an apartment and a murder took place and it was very weird.

KEY QUOTE

# 51 MS. CLARK:

On three occasions you spoke to him between June 15th and July the 8th, and all you talked about was, it was pretty strange that you were in the area?

# 52 MR. COCHRAN:

I object to the form of the question.

# 53 THE COURT:

Overruled.

# 54 MS. AARONSON:

We also discussed how Danny had originally didn't want me to call the police because he was frightened. Concerned. Not frightened, but concerned about media attention.

# 55 MS. CLARK:

And that's all you talked about?

# 56 MS. AARONSON:

As I said, we did have a conversation about the evening. We discussed the credit card.

# 57 MS. CLARK:

Can you answer my question yes or no, Miss Aaronson? Is that all you talked about?

# 58 THE COURT:

Wait. It's argumentative, counsel. Rephrase the question.

# 59 MS. CLARK:

You've told us now that you talked about his not wanting to come forward to the police and about the fact that you thought it was really strange that you were there in the area on the night in question. Is that all you talked about?

# 60 MS. AARONSON:

No. I also told you that we talked about the evening, but I can't recall specifics about our conversation about times.

# 61 MS. CLARK:

Then you do admit now that you talked about times; is that correct?

# 62 MR. COCHRAN:

Objection. I object to the form of that question.

# 63 THE COURT:

Overruled.

# 64 MS. AARONSON:

As I've said to you, we talked about the evening. I can't tell you about specific times we talked about. So we did talk. I'm not trying to be argumentative with you. I'm sorry. We talked about the evening. We talked about times briefly in reference to the billing. No, we didn't ever say, "I know we left Mezzaluna--" neither one of us said we left the Mezzaluna at a specific time.

# 65 MS. CLARK:

Did you talk about what time you passed the location of 875 south Bundy?

# 66 MS. AARONSON:

Yes.

# 67 MS. CLARK:

And how many times did you discuss that?

# 68 MS. AARONSON:

Once.

# 69 MS. CLARK:

And was that before or after July the 8th?

# 70 MS. AARONSON:

That was before July the 8th.

# 71 MS. CLARK:

And was that after June the 15th?

# 72 MS. AARONSON:

It was after June 15th.

# 73 MS. CLARK:

Now, you and he had no romantic interest in each other, correct?

# 74 MS. AARONSON:

Correct.

# 75 MS. CLARK:

So on the occasions when you spoke, it was only with reference to your involvement in this case; is that right?

# 76 MS. AARONSON:

We had other conversation going on because we were friendly with one another, but it was--the point was about this.

# 77 MS. CLARK:

And are you still friendly with each other?

# 78 MS. AARONSON:

When we've seen each other on these two occasions, we've been very cordial, yes.

# 79 MS. CLARK:

When was the last time you called him on the telephone?

# 80 MS. AARONSON:

Uh, probably June the 15th.

# 81 MS. CLARK:

Of 1994?

# 82 MS. AARONSON:

Of 1994.

# 83 MS. CLARK:

When was the last time he called you?

# 84 MS. AARONSON:

July the 7th.

# 85 MS. CLARK:

Of 1994?

# 86 MS. AARONSON:

Of 1994. I don't recall him calling me since then.

# 87 MS. CLARK:

During your dinner at the Mezzaluna, would you say you had a good time with him?

# 88 MS. AARONSON:

We had a nice evening, yes.

# 89 MS. CLARK:

And prior to the time that you--you had a second conversation with Detective Kilcoyne on July the 8th, correct?

# 90 MS. AARONSON:

Correct.

# 91 MS. CLARK:

And at that point, you corrected the times and you--with respect to passing by at about 11:00 o'clock, you now stated it was approximately 10:25; is that right?

# 92 MS. AARONSON:

Yes.

# 93 MS. CLARK:

And you did not independently remember that; is that right? You had to talk to a few people before you could remember what time?

KEY QUOTE

# 94 MS. AARONSON:

Correct.

# 95 MS. CLARK:

And in that regard, you spoke to--in order to confirm the time that you passed by 875 south Bundy, you spoke to the manager of Mezzaluna? You spoke to--is that yes?

# 96 MS. AARONSON:

Yes.

# 97 MS. CLARK:

You spoke to Danny Mandel?

# 98 MS. AARONSON:

Correct.

# 99 MS. CLARK:

You rewalked the route?

# 100 MS. AARONSON:

Correct.

# 101 MS. CLARK:

You spoke to your roommate, Jean Novack?

# 102 MS. AARONSON:

Correct.

# 103 MS. CLARK:

And did you also speak to your roommate Jennifer Yow?

# 104 MS. AARONSON:

I didn't really start--I never questioned Jennifer about it. We talked about it throughout the year, but I never specifically questioned her about it.

# 105 MS. CLARK:

All right. You stated to us that a few minutes after you got home, your roommate Jean Novack got home; is that right?

# 106 MS. AARONSON:

Correct. Shortly after I got home.

# 107 MS. CLARK:

Did you look at a clock to see what time she got home?

# 108 MS. AARONSON:

No.

# 109 MS. CLARK:

So your time there when you say is 10:35 is an estimate; is that correct?

# 110 MS. AARONSON:

It is an estimate. I asked her what time she came home.

# 111 MS. CLARK:

Now, you've walked the route from the Mezzaluna to your apartment a few times; is that right?

# 112 MS. AARONSON:

I have.

# 113 MS. CLARK:

And then you walked it with Defense investigator McKenna and a Mr. Neufeld and you timed it?

# 114 MS. AARONSON:

Correct.

# 115 MS. CLARK:

So what is your best estimate at this point?

# 116 MS. AARONSON:

My best estimate?

# 117 MS. CLARK:

For the time that you passed by 875 south Bundy.

# 118 MS. AARONSON:

My best estimate is a little after 10:25.

# 119 MS. CLARK:

A little after 10:25?

# 120 MS. AARONSON:

Yeah.

# 121 MS. CLARK:

And that's an estimate, correct?

# 122 MS. AARONSON:

It's an estimate.

# 123 MS. CLARK:

On that night, you did not look at your watch to see what time it was?

# 124 MR. COCHRAN:

Asked and answered many times.

# 125 THE COURT:

Sustained.

# 126 MS. CLARK:

All right. You indicated--you indicated that you were walking, as you turned on to Darlington, you saw a couple walking a dog?

# 127 MS. AARONSON:

Correct.

# 128 MS. CLARK:

You indicated also that you told that to Detective Kilcoyne in your second interview with him?

# 129 MS. AARONSON:

I thought I did.

# 130 MS. CLARK:

You did not find--you indicated earlier that that was not something unusual, correct?

# 131 MS. AARONSON:

Not at all. I mean correct. It's not unusual.

# 132 MS. CLARK:

And there are other--is that because a lot of people have dogs in that neighborhood, Miss Aaronson?

# 133 MS. AARONSON:

Yes.

# 134 MS. CLARK:

And have you heard dogs barking in that neighborhood before?

# 135 MS. AARONSON:

Yes.

# 136 MS. CLARK:

So that would not an unusual thing to hear dogs barking there, would it?

# 137 MS. AARONSON:

No.

# 138 MS. CLARK:

So at approximately--would you estimate for us where you would have been at approximately 10:20?

# 139 MS. AARONSON:

At approximately 10:20, I would probably be at the intersection of Bundy and Gorham or a little bit right beforehand.

# 140 MS. CLARK:

Uh-huh. And again, that's an estimate; is that right?

# 141 MS. AARONSON:

Yes, it is.

# 142 MS. CLARK:

And that's based on--and the reason that's an estimate, Miss Aaronson, it that it all depends how quickly you were walking; is that right?

# 143 MS. AARONSON:

Yes, it does.

# 144 MS. CLARK:

But as you were walking, were you looking at the walkway to each house to study it and see what you could see up at each house?

# 145 MS. AARONSON:

No, I wasn't.

# 146 MS. CLARK:

And you were walking closest to the street, weren't you?

# 147 MS. AARONSON:

Yes, I was.

# 148 MS. CLARK:

And Danny was walking to your right; is that right?

# 149 MS. AARONSON:

Yes, he was.

# 150 MS. CLARK:

So he would have been closer to the homes, correct?

# 151 MS. AARONSON:

Correct.

# 152 MS. CLARK:

And it was pretty dark that night?

# 153 MS. AARONSON:

Yes. It was a full moon, but yeah. Regular nighttime, whatever light you get from a full moon.

# 154 MS. CLARK:

So you were not walking down the street attempting to see whether there was blood on the sidewalk, were you?

# 155 MS. AARONSON:

No.

# 156 MS. CLARK:

Or on any of the walkways?

# 157 MS. AARONSON:

No.

# 158 MS. CLARK:

And you're not sitting here trying to tell us that there was no body lying at the foot of the steps at 875 south Bundy?

# 159 MR. COCHRAN:

I object to the form of the question, your Honor. It's argumentative.

# 160 THE COURT:

Sustained. Rephrase the question, please.

# 161 MS. CLARK:

Miss Aaronson, are you telling this jury that there was no one lying at the foot of the steps at 875 south Bundy when you passed by?

# 162 MR. COCHRAN:

Calls for speculation, your Honor.

# 163 THE COURT:

Overruled.

# 164 MS. AARONSON:

I have no idea.

# 165 MS. CLARK:

You just know that you didn't look up there?

# 166 MS. AARONSON:

Nothing caught my eye.

KEY QUOTE

# 167 MS. CLARK:

Were you looking up that walkway?

# 168 MS. AARONSON:

Danny was to my right. I was--so I was looking towards my right if he was talking to me. But I never made a conscious effort to look up that walkway.

# 169 MS. CLARK:

Or any other walkway?

# 170 MS. AARONSON:

Only one walkway.

# 171 MS. CLARK:

And yours?

# 172 MS. AARONSON:

No. Walkway of homes that I--of town homes that I like on that street I normally pay attention to, which are before hers.

# 173 MS. CLARK:

So after you passed by those particular town homes, you continued to talk to Mr. Mandel without looking or making any effort to look up the walkways of other houses?

# 174 MS. AARONSON:

Correct. I was never making an effort to look up any walkways.

KEY QUOTE

# 175 MS. CLARK:

And as you were walking--as you were walking south on Bundy--well, at 10:20 then, you would have been north of 875 south Bundy, correct?

# 176 MS. AARONSON:

Yes.

# 177 MS. CLARK:

Did you see any cars driving northbound on Bundy at that time?

# 178 MS. AARONSON:

None whatsoever.

# 179 MS. CLARK:

At any point when you were walking on Bundy, did you see any cars driving northbound?

# 180 MS. AARONSON:

Very unusual, but none whatsoever. It's normally a very busy street.

# 181 MS. CLARK:

Okay. And when you passed by the location of 875 south Bundy and proceeded through the intersection of Dorothy and Bundy, did you notice a big white truck parked on the west side of Bundy?

# 182 MS. AARONSON:

I never noticed any cars trucked on the street. I mean cars parked on the street.

# 183 MS. CLARK:

And you were walking closest to the street; were you not?

# 184 MS. AARONSON:

Correct.

# 185 MS. CLARK:

And you didn't see any white--big white truck parked in front of 875 south Bundy?

# 186 MR. COCHRAN:

Objection. Assumes facts not in evidence.

# 187 THE COURT:

Sustained. Sustained. I didn't mean that other end of the objection. Proceed. Rephrase the question.

# 188 MS. CLARK:

Okay. Do you recall seeing any big white truck parked in front of 875 south Bundy as you passed by that location on the west side of the street?

# 189 MR. COCHRAN:

Asked and answered.

# 190 THE COURT:

Sustained.

# 191 MS. CLARK:

What cars do you remember seeing parked in front of 875 south Bundy, if any?

# 192 MR. COCHRAN:

Assumes facts not in evidence.

# 193 THE COURT:

Sustained. Rephrase the question.

# 194 MS. CLARK:

How does that assume a fact not in evidence?

# 195 THE COURT:

Do you recall if there were any there? The question assumes that there were.

# 196 MS. CLARK:

I said--

# 197 THE COURT:

Just rephrase the question.

# 198 MS. CLARK:

All right.

# 199 MS. CLARK:

Do you recall seeing any cars parked in front of 875 south Bundy as you walked down that street?

# 200 MS. AARONSON:

I don't recall seeing any cars at all.

# 201 MS. CLARK:

Do you recall seeing a man walking a dog northbound on Bundy between Darlington and Dorothy?

# 202 MS. AARONSON:

I don't recall seeing anyone walking on that part of the street at all.

# 203 MS. CLARK:

And that would have been--between Darlington and Dorothy would have been south of the intersection of Bundy and Dorothy, correct?

# 204 MS. AARONSON:

Correct.

# 205 MS. CLARK:

And you don't recall seeing a man walking a dog in that location?

# 206 MR. COCHRAN:

Asked and answered.

# 207 THE COURT:

Overruled.

# 208 MS. CLARK:

Is that no?

# 209 MS. AARONSON:

No, I don't.

# 210 MS. CLARK:

Do you recall seeing any women standing on a porch at 918 south Bundy?

# 211 MR. COCHRAN:

Assumes facts not in evidence, that she knows where 918 is. Object to that question.

# 212 THE COURT:

Overruled.

# 213 MS. AARONSON:

No, I don't recall seeing anybody.

# 214 MS. CLARK:

Do you recall seeing anyone standing out on porches as you walked down Bundy?

# 215 MS. AARONSON:

No, I don't. No, I didn't.

# 216 MS. CLARK:

Do you recall seeing any white or Hispanic man standing at an angry stance in front of 875 South Bundy as you walked down the street?

# 217 MS. AARONSON:

No.

# 218 MS. CLARK:

And you did not hear any dogs barking that night, correct?

# 219 MS. AARONSON:

Correct.

# 220 MS. CLARK:

Now, you indicated to us I believe that Jennifer Yow got home at 11:00 o'clock?

# 221 MR. COCHRAN:

Misstates the testimony.

# 222 MS. CLARK:

Is that right?

# 223 THE COURT:

Overruled.

# 224 MS. AARONSON:

A little bit before 11:00 o'clock.

# 225 MS. CLARK:

A little bit before 11:00. And again, I'm going to refer you to People's 495. If you would, look at that last sentence. "At 11--" it says 2325. That would be 11:25. "At 11:25 to 11:30, witness' roommate, Jennifer Yow, returned home from Manhattan Beach and remarked about the time." Do you recall telling that to Detective Kilcoyne back in June of 1994?

# 226 MS. AARONSON:

I gave him the name Jean Novack.

# 227 MS. CLARK:

And do you recall--you don't recall giving him the name Jennifer Yow?

# 228 MS. AARONSON:

I told him that I had another roommate Jennifer and she came home afterwards. But I didn't say anything about time with Jennifer.

# 229 MS. CLARK:

You did not tell him--you did not tell him that Jennifer Yow got home at 11:25 to 11:30?

# 230 MS. AARONSON:

No. I told him that she came home at around--I'm getting confused.

# 231 MS. CLARK:

This is in June of `94.

# 232 MS. AARONSON:

June 15th.

# 233 MS. CLARK:

Yes.

# 234 MS. AARONSON:

Sorry. June 15th, first statement, when I was not sure about times, yes, I did tell him around that time.

# 235 MS. CLARK:

So that statement is correct as it reflected your statement to him in June of 1994?

# 236 MS. AARONSON:

The statement is correct with a very important statement missing.

KEY QUOTE

# 237 MS. CLARK:

Which is?

# 238 MS. AARONSON:

That I didn't know about any of my times and I was calling him without checking anything.

# 239 MS. CLARK:

All right. But that is what you said to him?

# 240 MS. AARONSON:

Yes, it is.

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

# 242 MS. CLARK:

And you've reviewed the July 8th statement; have you not?

# 243 MS. AARONSON:

Yes, I have, briefly.

# 244 MS. CLARK:

I'd like you to read it again and tell us where it shows in this statement that you watched the 11:00 o'clock news that night.

# 245 MR. COCHRAN:

Just a moment, your Honor. Object to the form of that question.

# 246 THE COURT:

Sustained.

# 247 MS. AARONSON:

Without even reading it, could probably--

# 248 MR. COCHRAN:

Just a moment.

# 249 THE COURT:

Sustained. Ask your new question.

# 250 MS. CLARK:

It reflects in that statement you never said that you were watching the 11:00 o'clock news that night; is that correct?

# 251 MR. COCHRAN:

I object to the form of that question, your Honor.

# 252 THE COURT:

Overruled.

# 253 MR. COCHRAN:

It was asked.

# 254 THE COURT:

Overruled.

# 255 MS. AARONSON:

No, it isn't.

# 256 MS. CLARK:

You did not offer that information to the detective; is that correct?

# 257 MR. COCHRAN:

I object to the form of that question. Argumentative.

# 258 THE COURT:

Overruled.

# 259 MS. AARONSON:

No, I didn't.

# 260 MS. CLARK:

You stayed home after Mr. Mandel left; is that right?

# 261 MS. AARONSON:

Yes, it is.

# 262 MS. CLARK:

And I believe you testified earlier that he left shortly after 11:00 o'clock?

# 263 MS. AARONSON:

Shortly before 11:00 o'clock, right when Jennifer came home.

# 264 MS. CLARK:

Uh-huh. And you then watched the news; is that right?

# 265 MS. AARONSON:

Yes.

# 266 MS. CLARK:

And you never heard any dogs barking at any time that night; is that right?

# 267 MS. AARONSON:

Not in my apartment, no.

# 268 MS. CLARK:

And you never heard any police activity any time that night, did you?

# 269 MS. AARONSON:

No.

# 270 MS. CLARK:

As a matter of fact, you didn't find out that anything had happened unusual in the neighborhood until later during the day of June the 13th; isn't that right?

# 271 MS. AARONSON:

Correct.

# 272 MS. CLARK:

I have nothing further.

Temperature

tense

Key Quotes (5)

Ellen Aaronson

Nothing caught my eye.

Her clearest statement on the core defense claim — she passed 875 South Bundy and noticed nothing, but Clark had already established she wasn't looking up the walkway.

Marcia Clark

You did not independently remember that; is that right? You had to talk to a few people before you could remember what time?

Encapsulates Clark's attack on the timeline: the 10:25 estimate was reconstructed through consultation with Mandel, a restaurant manager, her roommate, and a re-walk of the route — not independent recollection.

Ellen Aaronson

We talked about how it was pretty strange that we had dinner at Mezzaluna, walked by an apartment and a murder took place and it was very weird.

Her attempt to describe her conversations with Mandel as casual surfaces-level talk, but Clark uses it to press that three conversations about a murder case inevitably touched on timing.

Ellen Aaronson

The statement is correct with a very important statement missing. That I didn't know about any of my times and I was calling him without checking anything.

Acknowledges her June 1994 statement to Detective Kilcoyne placed Jennifer Yow's return at 11:25–11:30 PM, but tries to qualify it by noting she hadn't yet verified her timeline.

Ellen Aaronson

I was never making an effort to look up any walkways.

Key concession that undermines the defense's use of her as a 'nothing to see' witness — she simply wasn't looking.

Evidence (2)

People's 26

Chart/map of the Bundy Drive area used to establish Aaronson's position on the sidewalk as she walked south

displayed on monitor during questioning

People's 495

Detective Kilcoyne's report from June 15, 1994, containing Aaronson's original statement including a notation that roommate Jennifer Yow returned home at 11:25–11:30 PM

read into record and used to impeach witness on roommate's arrival time

Notable Exchanges (4)

Marcia Clark•Ellen Aaronson

Clark methodically pressed Aaronson on how many times she spoke to Danny Mandel between June 15 and July 8 — the witness's answer shifted from 'once' to 'twice' to 'approximately three,' and she admitted discussing the timing of passing 875 South Bundy at least once before testifying.

strategic

Marcia Clark•Ellen Aaronson

Clark asked whether Aaronson saw a 'big white truck' parked in front of 875 South Bundy — an implicit reference to OJ's Bronco — drawing multiple sustained objections from Cochran before Clark rephrased. Aaronson said she didn't recall any parked cars at all.

strategic

Marcia Clark•Lance A. Ito

Clark pushed back openly when Ito sustained a 'assumes facts not in evidence' objection to 'What cars do you remember seeing in front of 875 south Bundy, if any?' — Clark asked 'How does that assume a fact not in evidence?' before being directed to rephrase.

heated

Marcia Clark•Ellen Aaronson

Clark established that Aaronson was walking closest to the street with Mandel to her right (closer to the homes), it was dark, she wasn't looking up walkways, and she had no idea whether a body was lying at the foot of the steps at 875 South Bundy.

revealing

Credibility Attacks (3)

⚔ Ellen Aaronson

prior inconsistent statement

Clark used People's 495 to show Aaronson told Detective Kilcoyne in June 1994 that roommate Jennifer Yow returned at 11:25–11:30 PM, a later time than her current testimony of 'a little before 11:00,' undermining the timeline she used to anchor her 10:25 PM estimate.

⚔ Ellen Aaronson

bias / witness coordination

Clark established that Aaronson spoke to Danny Mandel approximately three times between her first police interview and her preliminary hearing testimony — including a call from Mandel the night before the hearing — and that they discussed the timing of passing 875 South Bundy, suggesting the two witnesses may have aligned their accounts.

⚔ Ellen Aaronson

lack of independent recollection

Clark established that Aaronson's corrected 10:25 PM estimate was not independently recalled but was reconstructed by consulting the Mezzaluna manager, Danny Mandel, her roommate, and by re-walking the route with defense investigator McKenna and Peter Neufeld.

Witness Demeanor

Witness repeatedly expressed confusion about questions ('I'm sorry. I'm confused.', 'I'm getting confused.')

Witness volunteered clarifications and qualifications rather than giving simple yes/no answers, prompting Clark to ask her to answer yes or no

Witness stated 'I'm not trying to be argumentative with you. I'm sorry.' during a tense exchange about what she discussed with Mandel

Objections

17 objections (7 sustained, 10 overruled)

Proceeding 6751 • 272 utterances • Defense witness

Criminal Trial

Department 103