Direct examination of Danny Mandel (part 1)

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

Address:

C:\DEPT103\CRIMINAL\1995\JUL\11\DIRECT-EXAMINATION-OF-DANNY-MA.DOC

TRIAL

▲ Day 112 of 167

◀ Re-redirect examination of Jack McKay (part 2) Technical adjustments ▶

Witness: Danny Mandel
Examiner: Robert Shapiro
Called by: Defense • Date: Tuesday, July 11, 1995 • Utterances: 183

Robert Shapiro conducts direct examination of Danny Mandel, a Sony Pictures finance employee who was on a first date with Ellen Aaronson on the night of June 12, 1994. Mandel testifies that they dined at Mezzaluna restaurant and walked home via Bundy Drive, passing Nicole Brown Simpson's condominium around 10:15 PM, where they noticed nothing unusual — no sounds, no barking dogs.

# 1 THE COURT:

Good morning, sir. Would you stand over here by the podium and face the clerk, please.

Danny Mandel, called as a witness by the Defendant, was sworn and testified as follows:

# 2 THE CLERK:

Please raise your right hand. You do solemnly swear that the testimony you may give in the cause now pending before this Court, shall be the truth, the whole truth and nothing but the truth, so help you God.

# 3 MR. MANDEL:

I do.

# 4 THE CLERK:

Please have a seat on the witness stand and state and spell your first and last names for the record.

# 5 MR. MANDEL:

Danny Mandel, D-A-N-N-Y M-A-N-D-E-L.

DIRECT EXAMINATION BY MR. SHAPIRO

# 6 MR. SHAPIRO:

Good morning, Mr. Mandel, and thank you for coming.

# 7 MR. MANDEL:

Good morning.

# 8 MR. SHAPIRO:

Are you a little nervous?

# 9 MR. MANDEL:

Definitely.

# 10 MR. SHAPIRO:

Have you ever had the occasion to testify before?

# 11 MR. MANDEL:

No, I have not.

# 12 MR. SHAPIRO:

Would you briefly tell the jury what your education and background consists of.

# 13 MR. MANDEL:

I have a BA from UCLA, I graduated in 1990, and currently I work at Sony Pictures in television finance.

# 14 MR. SHAPIRO:

And your BA is in what?

# 15 THE COURT:

Excuse me, counsel. Mr. Mandel, would you just pull the microphone closer to you, please.

# 16 (Witness complies.)

# 17 THE COURT:

All right.

# 18 MR. SHAPIRO:

Your bachelor of arts degree is in what field?

# 19 MR. MANDEL:

It is in sociology.

# 20 MR. SHAPIRO:

And you work at Sony pictures in what capacity?

# 21 MR. MANDEL:

In finance and accounting.

# 22 MR. SHAPIRO:

And are you planning on returning to school?

# 23 MR. MANDEL:

Yes, I am.

# 24 MR. SHAPIRO:

And when and where are you planning to return to school?

# 25 MR. MANDEL:

I'm going back this fall for an MBA most likely at USC.

# 26 MR. SHAPIRO:

That is a master's degree?

# 27 MR. MANDEL:

Correct.

# 28 MR. SHAPIRO:

Business administration?

# 29 MR. MANDEL:

Correct.

# 30 MR. SHAPIRO:

Have you been accepted to that school?

# 31 MR. MANDEL:

I have.

# 32 MR. SHAPIRO:

I want to draw your attention and ask you to tell the jury if anything unusual happened to you on June the 12th and if there is any reason to recall that date of 1994.

# 33 MR. MANDEL:

Well, just that I was in this--at Mezzaluna that evening and then happened to walk by Nicole Simpson's house that evening.

# 34 MR. SHAPIRO:

So you have--you are--obviously you are aware of what has been going on in the trial of Mr. O.J. Simpson?

# 35 MR. MANDEL:

Yes, I am.

# 36 MR. SHAPIRO:

You are aware that that date has some significance?

# 37 MR. MANDEL:

Yes, I am.

# 38 MR. SHAPIRO:

And that that restaurant has some significance?

# 39 MR. MANDEL:

Yes.

# 40 MR. SHAPIRO:

Now, and because of that did it cause you to focus on that date and to remember what took place?

# 41 MR. MANDEL:

Yes, it has.

# 42 MR. SHAPIRO:

Would you tell the ladies and gentlemen of the jury where you were just prior to going to Mezzaluna restaurant?

# 43 MR. MANDEL:

I picked up--I was on a first date and I picked up Ellen Aaronson in her apartment.

# 44 MR. SHAPIRO:

And where did Ellen Aaronson live?

# 45 MR. MANDEL:

She lives on Darlington in Brentwood.

# 46 MR. SHAPIRO:

Had this date been arranged by a mutual acquaintance?

# 47 MR. MANDEL:

Yes, it had.

# 48 MR. SHAPIRO:

And who arranged that?

# 49 MR. MANDEL:

This was a doctor.

# 50 MR. SHAPIRO:

Did you--

# 51 MR. MANDEL:

We shared the same doctor.

# 52 MR. SHAPIRO:

Where was Miss Aaronson's apartment?

# 53 MR. MANDEL:

It is on Darlington.

# 54 MR. SHAPIRO:

And do you recall where Darlington is in relationship to a location that you--did you at some point become aware of where Nicole Brown Simpson lived?

# 55 MR. MANDEL:

Yes, I did.

# 56 MR. SHAPIRO:

Where in relationship to Nicole's condominium was Miss Aaronson's apartment?

# 57 MR. MANDEL:

It is approximately one block south and one block east.

# 58 MR. SHAPIRO:

What time did you arrive at Miss Aaronson's apartment?

# 59 MR. MANDEL:

At a little past eight o'clock.

# 60 MR. SHAPIRO:

In the evening?

# 61 MR. MANDEL:

In the evening.

# 62 MR. SHAPIRO:

And did you leave there at some point in time?

# 63 MR. MANDEL:

Yeah, shortly thereafter.

# 64 MR. SHAPIRO:

Where did you go upon leaving the apartment?

# 65 MR. MANDEL:

We walked to the restaurant.

# 66 MR. SHAPIRO:

How did you get to Miss Aaronson's apartment?

# 67 MR. MANDEL:

I drove.

# 68 MR. SHAPIRO:

And you decided, however, to walk from that apartment to Mezzaluna?

# 69 MR. MANDEL:

Correct.

# 70 MR. SHAPIRO:

Do you remember the route you took going to Mezzaluna?

# 71 MR. MANDEL:

Generally, yes.

# 72 MR. SHAPIRO:

All right. Would you kindly tell the jury the route you took.

# 73 MR. MANDEL:

We left her apartment and went east on Darlington, and actually I don't know the--the cross-section, the name of the street right there, I can't be certain, but--but then we crossed over to Gorham and walked east until we got to--we entered the--what would be the back door of the Mezzaluna restaurant.

# 74 MR. SHAPIRO:

Had you been to the Mezzaluna restaurant before?

# 75 MR. MANDEL:

Yes, I had.

# 76 MR. SHAPIRO:

And this is the Mezzaluna restaurant in Brentwood?

# 77 MR. MANDEL:

Correct.

# 78 MR. SHAPIRO:

The same location that has been mentioned in this case, to your knowledge?

# 79 MR. MANDEL:

Correct.

# 80 (Discussion held off the record between Defense counsel.)

# 81 MR. SHAPIRO:

Your Honor, may I mark an exhibit, a map of the area, that might help Mr. Mandel in his testimony? May this be marked Defense 1230?

# 82 THE COURT:

All right. Map of the area, Defense 1230.

# 83 (Deft's 1230 for id = map)

# 84 THE COURT:

All right. Counsel, can you give that back to Mr. Shapiro so we can proceed.

# 85 MR. SHAPIRO:

May we put this on the elmo, your Honor, with the Court's permission?

# 86 THE COURT:

Please.

# 87 MR. SHAPIRO:

Thank you.

# 88 (Brief pause.)

# 89 MR. SHAPIRO:

You have a little monitor to your right, if you will kindly look there. Do you see on the map the area that you have just described to the jury?

# 90 (No audible response.)

# 91 (Discussion held off the record between Defense counsel.)

# 92 THE COURT:

It is not very easy to read.

# 93 MR. MANDEL:

It is not.

# 94 MR. SHAPIRO:

We are going to get another copy, your Honor.

# 95 (Discussion held off the record between Defense counsel.)

# 96 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 97 MR. SHAPIRO:

Can you see that? Can you see Darlington up there?

# 98 MR. MANDEL:

Yeah, I do see Darlington.

# 99 MR. SHAPIRO:

Is that the general area where you picked up Miss Aaronson?

# 100 MR. MANDEL:

On Darlington, correct.

# 101 MR. SHAPIRO:

And do you know--can you see from the map what street you came up on after you passed Darlington?

# 102 MR. MANDEL:

Well, while walking to the restaurant you are saying?

# 103 MR. SHAPIRO:

Yes.

# 104 MR. MANDEL:

My orientation here is--let's see, Montana, Gorham, Darlington. Can you point out to me where--which is Bundy? I can't tell which is east and west.

# 105 MR. SHAPIRO:

All right. You know what, let's take the--

# 106 MR. MANDEL:

I can't read the name of the streets.

# 107 MR. SHAPIRO:

That is fine. Let's just take the photograph down, your Honor, the map down. You proceeded to go to the Mezzaluna restaurant?

# 108 MR. MANDEL:

Correct.

# 109 MR. SHAPIRO:

How long did it take you, approximately, to get there?

# 110 MR. MANDEL:

To walk to the restaurant?

# 111 MR. SHAPIRO:

Yes.

# 112 MR. MANDEL:

I would say ten, probably fifteen minutes.

# 113 MR. SHAPIRO:

And had you made reservations at the restaurant?

# 114 MR. MANDEL:

No, we had not.

# 115 MR. SHAPIRO:

Did you have to wait for a period of time?

# 116 MR. MANDEL:

No.

# 117 MR. SHAPIRO:

Do you recall approximately how quickly you were seated?

# 118 MR. MANDEL:

We were seated just as we walked in.

# 119 MR. SHAPIRO:

And did you have dinner at the restaurant?

# 120 MR. MANDEL:

Yes, we did.

# 121 MR. SHAPIRO:

Do you recall what you ate?

# 122 MR. MANDEL:

I had a pasta.

# 123 MR. SHAPIRO:

Do you recall what your date had?

# 124 MR. MANDEL:

I would--not specifically. I believe she had a pasta as well.

# 125 MR. SHAPIRO:

Did you have any alcohol to drink?

# 126 MR. MANDEL:

No, I didn't.

# 127 MR. SHAPIRO:

What about your date, did she have any alcohol?

# 128 MR. MANDEL:

No.

# 129 MR. SHAPIRO:

Do you know what time you left the restaurant?

# 130 MR. MANDEL:

I would approximate 10:15 or so.

KEY QUOTE

# 131 MR. SHAPIRO:

Have you ever seen any records of when the check was presented to you?

# 132 MR. MANDEL:

Yes, I have.

# 133 MR. SHAPIRO:

And did you review that record?

# 134 MR. MANDEL:

Yes, I did.

# 135 MR. SHAPIRO:

And what did that record indicate as to the time you left the restaurant?

# 136 MR. MANDEL:

The time stamp was 8:55.

KEY QUOTE

# 137 MS. CLARK:

Objection, hearsay.

# 138 THE COURT:

Sustained.

# 139 MS. CLARK:

Motion to strike, your Honor.

# 140 THE COURT:

The jury is to disregard it. Foundation, counsel.

# 141 MR. SHAPIRO:

Yes. We will get a copy of that in a minute.

# 142 MR. SHAPIRO:

What time did you leave the restaurant?

# 143 MR. MANDEL:

Approximately 10:15.

# 144 MR. SHAPIRO:

And did you refresh your memory in some way to get that time?

# 145 MR. MANDEL:

Yes, I did.

# 146 MR. SHAPIRO:

And how did you refresh your memory?

# 147 MR. MANDEL:

Well, by--when I looked at the credit card receipt and the time stamp on it--

# 148 MS. CLARK:

Objection.

# 149 THE COURT:

That is what he used.

# 150 MS. CLARK:

Hearsay.

# 151 THE COURT:

That is not hearsay.

# 152 MR. SHAPIRO:

You may complete your answer.

# 153 THE COURT:

That is what he looked at to refresh his recollection.

# 154 MR. SHAPIRO:

You looked at a credit card receipt to refresh your memory?

# 155 THE COURT:

That is the end of the answer.

# 156 MR. MANDEL:

Yes.

# 157 MR. SHAPIRO:

Have you seen that credit card receipt subsequently?

# 158 MR. MANDEL:

Yes.

# 159 MR. SHAPIRO:

When have you seen it last?

# 160 MR. MANDEL:

It has been many months since I last saw it.

# 161 MR. SHAPIRO:

Where did you see it last?

# 162 MR. MANDEL:

Probably back in January.

# 163 MR. SHAPIRO:

When you left the restaurant do you recall which route you took going home? Did you take the same route you took going to the restaurant?

# 164 MR. MANDEL:

No, we didn't.

# 165 MR. SHAPIRO:

Which route did you take going home?

# 166 MR. MANDEL:

Again, we left from Mezzaluna's back door, which is on Gorham, and we walked Gorham west onto Bundy and continued Bundy until Darlington.

KEY QUOTE

# 167 MR. SHAPIRO:

At some point in time did you become aware of the precise location of Nicole Brown Simpson's condominium?

# 168 MR. MANDEL:

Yes.

# 169 MR. SHAPIRO:

And have you seen photographs of that?

# 170 MR. MANDEL:

Yes.

# 171 MR. SHAPIRO:

Have you been by there?

# 172 MR. MANDEL:

Yes.

# 173 MR. SHAPIRO:

Do you recall whether or not you walked by that location on June the 12th in the evening with your date, Miss Aaronson?

# 174 MR. MANDEL:

Yes.

# 175 MR. SHAPIRO:

Is there any question that you walked by that area?

# 176 MR. MANDEL:

No.

# 177 MR. SHAPIRO:

When you walked by that area did you notice anything unusual?

# 178 MR. MANDEL:

No.

# 179 MR. SHAPIRO:

Did you hear anything unusual?

# 180 MR. MANDEL:

No.

# 181 MR. SHAPIRO:

Did you hear any barking dogs?

# 182 MR. MANDEL:

None.

# 183 MR. SHAPIRO:

Your Honor, we would like to put on the elmo--

Temperature

procedural

Key Quotes (4)

Danny Mandel

We left from Mezzaluna's back door, which is on Gorham, and we walked Gorham west onto Bundy and continued Bundy until Darlington.

Establishes that Mandel walked directly past the murder scene on his route home.

Danny Mandel

No.

In response to whether he heard any barking dogs — directly contradicts or complicates the prosecution's timeline anchored by the Akita's barking.

Danny Mandel

I would approximate 10:15 or so.

Places him walking past Bundy at ~10:15 PM, a critical window in the prosecution's murder timeline.

Danny Mandel

The time stamp was 8:55.

Attempted to introduce credit card receipt time — sustained objection, stricken, but the number briefly entered the record before being disregarded.

Evidence (2)

Defense 1230

Map of the Brentwood area showing Darlington, Gorham, Bundy, and Montana streets near Mezzaluna and Nicole Brown Simpson's condo

Introduced and displayed on ELMO, but too difficult to read clearly; ultimately set aside

Informal

Credit card receipt with time stamp from Mezzaluna restaurant, used to refresh Mandel's recollection of departure time

Referenced by witness; direct testimony about its contents sustained as hearsay and stricken; acknowledged as memory-refreshing document

Notable Exchanges (2)

Robert Shapiro•Marcia Clark•Lance A. Ito

Clark objected to Mandel reciting the credit card time stamp (8:55) as hearsay. Ito sustained and struck it, but then allowed Mandel to confirm he used the receipt to refresh his recollection — a partial win for the defense.

procedural/strategic

Robert Shapiro•Danny Mandel

The map display on the ELMO was largely useless — Mandel could not read the street names and asked Shapiro to point out Bundy. Shapiro abandoned the exhibit.

awkward

Light Moments (2)

Danny Mandel

Mandel acknowledges he is 'definitely' nervous, having never testified before. Shapiro thanks him for coming as an opening pleasantry.

Lance A. Ito / Danny Mandel

The map on the ELMO is so blurry that both the judge and the witness comment it is 'not very easy to read,' and Mandel asks Shapiro to point out basic streets.

Witness Demeanor

Nervous by his own admission ('Definitely'), first time testifying

Cooperative and straightforward, no evasiveness

Struggled to orient himself on the map exhibit

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 6726 • 183 utterances • Defense witness

Criminal Trial

Department 103