Marcia Clark cross-examines John Meraz, a tow truck driver from Viertel's yard who testified for the defense that he saw no blood and no fingerprint dust when he retrieved the Bronco on June 15th. Clark systematically dismantles his credibility by showing him photographs proving print dust was plainly visible on the car and blood was visible inside, then establishing he was not wearing his glasses while making those observations.
# 1 (Discussion held off the record between the Deputy District Attorneys.) # 2 MS. CLARK: All right. Then you got inside and you put both hands on the steering wheel; is that right?
# 3 MR. MERAZ: I had both hands on the steering wheel, yes.
# 4 MS. CLARK: And did you touch the console area, that is the armrest between the passenger and the driver's side?
# 5 MR. MERAZ: I don't think I did.
# 6 MS. CLARK: Did you look at the console area?
# 8 MS. CLARK: Did you look carefully at the console area, sir?
# 9 MR. MERAZ: I took a glance of it.
# 10 MS. CLARK: Well, you got into the car again on the second occasion, correct?
# 12 MS. CLARK: On that same day?
# 14 MS. CLARK: June the 15th we are talking about, right?
# 16 MS. CLARK: And you looked at the console area specifically again that second time you got into the Bronco on June the 15th?
# 18 MS. CLARK: And you looked carefully because you were looking for blood; is that right?
# 19 MR. MERAZ: That's right.
# 20 MS. CLARK: Have you ever testified before that you were looking carefully for blood?
# 21 MR. COCHRAN: Object to the form of that question, your Honor. That is unfair. Maybe he wasn't asked that question. That is unfair.
# 22 THE COURT: Sustained. It is a speaking objection.
# 23 MS. CLARK: Did you ever tell your lawyers or anyone else, before you came to court or met with Mr. Cochran, that you were specifically looking carefully for blood in that car?
# 24 MR. COCHRAN: Object to the form of that question.
# 25 THE COURT: Overruled.
# 26 MR. MERAZ: That I was specifically looking for blood?
# 29 MS. CLARK: Who was the first person you told that you were specifically looking carefully for blood when you got into the Bronco on June the 15th?
# 30 MR. MERAZ: The employee there at the yard.
# 31 MS. CLARK: At Viertel's?
# 33 MS. CLARK: Let me show you again the--
# 35 MS. CLARK: 1254, your Honor, Defense 1254.
# 37 THE COURT: I believe this is 1254-B.
# 39 MS. CLARK: Do you see the marker called T-3?
# 41 MS. CLARK: I notice you had to put your glasses on, Mr. Meraz. Do you use them for driving?
# 42 MR. MERAZ: For reading.
# 43 MS. CLARK: Only reading?
# 45 MS. CLARK: I also noticed that you are using them to look at the monitor, correct?
# 46 (No audible response.) # 47 MS. CLARK: Are you unable to see the marker T-3 without your glasses, sir?
# 48 MR. MERAZ: If I got up here and looked, oh, I could see it. From there to there I could look at it. From here close up I can't see. That is why I have them. Care to look?
# 49 MS. CLARK: Mr. Meraz, what color is that marker, T-3?
# 50 MR. MERAZ: That marker right there that you are just pointing at right now?
# 52 MR. MERAZ: Pinkish color.
# 55 MS. CLARK: You are colorblind, aren't you, Mr. Meraz?
# 56 MR. COCHRAN: Object, your Honor. That is magenta or pink. I object to the form of that question.
# 57 MS. CLARK: Aren't you?
# 58 MR. MERAZ: I don't think I am.
# 59 MS. CLARK: Do you think that is pink?
# 60 MR. COCHRAN: Your Honor, that is argumentative.
# 61 THE COURT: Overruled.
# 62 MS. CLARK: Are you talking about the arrow or are you talking about the dot that is marked T-3?
# 63 MR. MERAZ: About the arrow which is what you wanted, right?
# 64 MS. CLARK: No, I said the dot, T-3.
# 65 MR. MERAZ: That is green.
# 66 MS. CLARK: All right.
# 67 MR. COCHRAN: Just a moment, your Honor. I think that is unfair.
# 68 THE COURT: Speaks for itself.
# 69 MS. CLARK: When you first pulled the Bronco over to the area marked as T-3, was that because somebody told you to leave I there until they made space in T-2?
# 71 MS. CLARK: Sir, isn't it true that there was a Mr. Sal Gutierrez there waiting to move it into the secure area known as T-2 and that they had to make room for it, that is why you left it there in T-3?
# 72 MR. MERAZ: Sal or Saul, which he is called there at the yard, I told him that I would leave it there and he could do whatever he want with it later.
# 73 MS. CLARK: You don't know how quickly he moved it into T-2 because you left; isn't that true?
# 74 MR. MERAZ: That's true.
# 75 MS. CLARK: You left immediately after you pulled into T-3; isn't that true?
# 76 MR. MERAZ: Fifteen, ten minutes alter I might have left.
# 77 MS. CLARK: When you came back after going on the out call the car was in T-2, the secure area; isn't that right?
# 78 MR. MERAZ: When I came back, yes, it was in T-2.
# 79 MS. CLARK: And T-2 is the area where you keep cars that are to be held for evidentiary hold; isn't that right sir?
# 80 MR. MERAZ: That's correct.
# 81 MS. CLARK: Regardless of what is on that paperwork, this car was in that area, wasn't it?
# 83 MS. CLARK: I want to show you some photographs, sir.
# 84 MR. COCHRAN: May I see those?
# 85 (Discussion held off the record between the Deputy District Attorneys.) # 86 MS. CLARK: Now, you indicated, did you not, sir, that you could not see any print dust on the car at all, correct?
# 87 MR. MERAZ: That's correct.
# 88 MS. CLARK: And now again you were looking very carefully for that print dust; is that right?
# 89 MR. MERAZ: You could see it, if it is obvious. If it is on the car, you could see it.
# 90 MS. CLARK: You know what it looks like; is that right?
# 91 MR. MERAZ: That's correct.
# 92 MS. CLARK: Were you looking carefully for print dust that day?
# 94 MS. CLARK: And you didn't see any, correct?
# 95 MR. MERAZ: I didn't see any.
# 96 (Discussion held off the record between the Deputy District Attorneys.) # 97 MS. CLARK: Your Honor, I have here a photograph I would ask to be marked People's next in order.
# 101 (Peo's 528 for id = photograph) # 102 (Discussion held off the record between Deputy District Attorney and Defense counsel.) # 103 THE COURT: Proceed.
# 104 MS. CLARK: Showing you People's 528, can we zoom in? First of all, wait. Let's back up for a second. You recognize the location that is shown in this photograph, sir? That is the print shack, isn't it?
# 105 MR. MERAZ: Yes, it is.
# 106 MS. CLARK: And you recognize that car, of course? That is the Bronco, isn't it?
# 107 MR. MERAZ: That's correct.
# 108 MS. CLARK: And that is where you picked up the Bronco on June the 15th, isn't it?
# 109 MR. MERAZ: That's correct.
# 110 MS. CLARK: And in fact that was the position it was in when you hooked it up to your tow truck and pulled it out, correct?
# 111 MR. MERAZ: Correct.
# 112 MS. CLARK: Zoom in.
# 113 MS. CLARK: What do you see there on the door, Mr. Meraz?
# 115 MS. CLARK: Like print dust?
# 116 MR. MERAZ: Looks like print dust, yes.
# 117 MS. CLARK: That is the print dust that you didn't see when you picked it up on June the 15th from the print shack where it is shown in this photograph?
# 119 MS. CLARK: I would like to print the close-up, your Honor, and ask that it be marked People's 528-A.
# 121 (Peo's 528-A for id = photograph) # 122 (Discussion held off the record between the Deputy District Attorneys.) # 123 MS. CLARK: Now, you also indicate, sir, that there were no keys to the Bronco when you saw it on June the 15th, correct?
# 124 MR. MERAZ: Correct.
# 125 MS. CLARK: In fact, there never were any keys that you saw that went to that Bronco, were there?
# 126 MR. MERAZ: I didn't see any.
# 127 MS. CLARK: In fact, sir, were you aware of the fact that on June the 14th officers had to use a slimjim to break into the car?
# 128 MR. COCHRAN: Your Honor, I object to the form of that question. Improper, your Honor.
# 129 THE COURT: Sustained. Sustained. The objection is foundation, counsel.
# 130 MR. COCHRAN: Foundational.
# 131 THE COURT: Sustained.
# 132 MS. CLARK: You indicate that you had to examine the car carefully for any damage, correct?
# 133 MR. MERAZ: Correct.
# 134 MS. CLARK: And any damage would also include any kind of evidence of tampering or break-in of that car, correct?
# 135 MR. MERAZ: Damage that is obvious is what we indicate, able to see with the eye.
# 136 MS. CLARK: So if there is some minor scratches or dings on the car that are very small, that is not noted as damage, correct?
# 137 MR. MERAZ: Dents and scratches.
# 138 MS. CLARK: If there are minor scratches, do you note that on the form?
# 139 MR. MERAZ: Scratches, dents and scratches, that comes on that category.
# 140 MS. CLARK: When you do that, do you attempt to find out whether any of those scratches were perhaps put on there by law enforcement personnel in the course of dealing with the car?
# 141 (No audible response.) # 142 MS. CLARK: Wouldn't that be important to know?
# 143 MR. MERAZ: There wasn't any dent scratches that I noticed.
# 144 MS. CLARK: That you noticed?
# 146 MS. CLARK: So the condition that you see the Bronco in in this photograph, People's 528--you can back out--that is the condition in which you saw it; is that correct, sir?
# 147 MR. MERAZ: When I pulled it out of there, correct.
# 148 MS. CLARK: Can we go back into the handle.
# 149 MS. CLARK: You indicated to us a couple of minutes ago that this was a pull handle; isn't that right?
# 151 MS. CLARK: Is that a pull handle, sir?
# 152 MR. MERAZ: One you go up and come out. Evidently not from that. Push a button. I was wrong.
KEY QUOTE # 153 MS. CLARK: You were wrong about the print dust, too, weren't you, sir?
KEY QUOTE # 154 MR. MERAZ: I see the print there--the powder there, yeah. I see that now.
# 155 (Discussion held off the record between the Deputy District Attorneys.) # 156 MS. CLARK: Of course you weren't wearing your glasses on that date when you went to hook up the car, were you?
# 157 MR. COCHRAN: Assumes a fact not in evidence, your Honor.
# 158 THE COURT: Overruled.
# 159 MR. MERAZ: I had them, yes.
# 160 MS. CLARK: Were you wearing them?
# 161 MR. MERAZ: To make out the impound sheet, yes.
# 162 MS. CLARK: Were you wearing them when you examined the car carefully for blood, as you've testified?
# 163 MR. MERAZ: I wasn't wearing them, no.
KEY QUOTE # 164 MS. CLARK: Were you wearing them when you examined the car to look for print dust?
# 166 MS. CLARK: Now, did you attempt to ascertain whether any officers had been required to use a slimjim to open the locked door of that Bronco on June the 14th in order to more accurately fill out your impound sheet?
# 167 MR. MERAZ: I don't believe I had asked how they got in.
# 168 MS. CLARK: Did you ever find out?
# 169 MR. MERAZ: No. I wasn't there long enough.
# 170 MS. CLARK: I'm sorry?
# 171 MR. MERAZ: I wasn't there long enough.
# 172 MS. CLARK: You weren't where long enough?
# 173 MR. MERAZ: To find out how they got into it.
# 174 MS. CLARK: How long would you have to be there to find out how long--how they got into it?
# 175 MR. COCHRAN: Calls for speculation, your Honor.
# 176 THE COURT: Let's move on. (Discussion held off the record between the Deputy District Attorneys.)
# 177 THE COURT: Miss Clark, do you have much more?
# 178 MS. CLARK: Yes, your Honor, I do. Thank you.
# 179 MS. CLARK: All right. You've also testified, sir, that you saw some blood in the Bronco, correct?
# 180 MR. MERAZ: Correct.
# 181 MS. CLARK: We are showing you a photograph now. I think it has been previously marked, your Honor, on the board, but in an abundance of caution I'm going to ask that--
# 183 (Peo's 529 for id = photograph) # 184 MS. CLARK: I would ask you first to look at this photograph without your glasses, sir, People's 529 and tell us if you see any blood?
# 185 MR. MERAZ: I see blood up on top, 22. Somewhere down there where 23 is, 21 I don't see any down there. Yes, I do. I see it now.
# 186 MS. CLARK: Okay. Are you aware that these photographs were taken--
# 187 MR. COCHRAN: Objected to, your Honor.
# 188 THE COURT: Sustained.
# 189 MS. CLARK: Foundation, your Honor. It is already in the evidence.
# 190 THE COURT: Sustained.
# 191 MS. CLARK: Do you see that blood there on the door, sir?
# 193 MS. CLARK: Do you know when these photographs were taken?
# 194 MR. MERAZ: I have no idea.
# 195 MS. CLARK: If they were taken on June the 14th--
# 196 MR. COCHRAN: Object to the form of this question, your Honor. Object to the form of the question.
# 197 THE COURT: Overruled.
# 198 MS. CLARK: --that they were taken on June the 14th, sir, before you got to the Bronco on June the 15th, would you admit that you are mistaken about seeing no blood in the Bronco?
# 199 MR. COCHRAN: Object to the form of that question.
# 200 THE COURT: Overruled.
# 201 MR. COCHRAN: Argumentative.
# 202 THE COURT: Overruled.
# 203 MR. MERAZ: I didn't see any blood.
# 204 MS. CLARK: You are not telling this jury that there was no blood inside the Bronco, are you? You are just telling them you didn't see it?
KEY QUOTE # 205 MR. MERAZ: Telling them I didn't see any blood.
# 206 MS. CLARK: And you don't recall seeing the blood that you now see in this photograph?
# 207 MR. COCHRAN: Assumes a fact not in evidence, your Honor.
# 208 THE COURT: Overruled.
# 209 THE COURT: I didn't see that in there.
# 210 (Discussion held off the record between the Deputy District Attorneys.) # 211 MS. CLARK: People's 530, your Honor. Again I think this is marked on a board already as well.
# 212 (Peo's 530 for id = photograph) # 213 MS. CLARK: Tell us if you can see any blood in this photograph, sir?
# 214 MR. MERAZ: Yes, I do.
# 215 MS. CLARK: Do you see the blood by 31 and 30 there?
# 216 MR. MERAZ: Yes, I do.
# 217 MS. CLARK: And do you know that these photographs were taken on June the 14th?
# 218 MR. MERAZ: No, I don't.
# 219 MS. CLARK: But you didn't see this blood either?
# 220 MR. MERAZ: I didn't see this either.
# 221 MS. CLARK: Were you attempting to look at that particular area, that is, the console area between the driver's and the passenger's seat?
# 222 MR. MERAZ: The view I had from the steering wheel half in, half out looking in, is the view I had.
# 223 MS. CLARK: All right. So you never looked at the console; is that right?
# 224 MR. COCHRAN: Misstates the evidence, your Honor.
# 225 THE COURT: Sustained. Rephrase the question.
# 227 MS. CLARK: Well, you tell us, sir. Did you look carefully at the console area on the passenger side to see if there was blood?
# 228 MR. MERAZ: I had a view of the console.
# 229 MS. CLARK: Did you have a view of the passenger side of the console area that is shown in this photograph on June the 15th?
# 230 MR. MERAZ: On the right hand side, no, no.
# 231 MS. CLARK: Now, on June the 15th, the first time you got into the Bronco, you stated to us that you got in the driver's side?
# 233 MS. CLARK: And you were partially in?
# 234 MR. MERAZ: Partially in, yes.
# 235 MS. CLARK: And you touched the steering wheel with both hands?
# 237 MS. CLARK: And you checked the emergency brake?
# 239 MS. CLARK: And how did you do that?
# 240 MR. MERAZ: With my left hand. I pulled it out.
# 241 MS. CLARK: And you did not see any floor mat there, correct?
# 242 MR. MERAZ: There was no floor mat, no.
# 243 MS. CLARK: Did you sit in the passenger seat, sir?
# 244 MR. MERAZ: Half in, half out. Half my body in and out.
# 245 MS. CLARK: What were you doing in the passenger side of the car?
# 246 MR. MERAZ: I was hanging onto the steering wheel at an angle--you mean the passenger side?
# 248 MR. MERAZ: Oh, I wasn't on the passenger side, no, I'm sorry.
# 249 MS. CLARK: You only got on the driver's side?
# 250 MR. MERAZ: That's correct.
# 251 MS. CLARK: As a matter of fact, of all three times that you went to the Bronco, you only got to the driver's side of the car; is that correct?
# 252 MR. MERAZ: That's correct.
# 253 MS. CLARK: Has it ever happened in your experience, sir, that a car is towed and taken into police custody for which there are no keys?
# 254 MR. MERAZ: A lot of times.
# 255 MR. COCHRAN: Object, your Honor. That is--
# 256 THE COURT: Overruled.
# 257 MR. MERAZ: A lot of times cars come in with no keys.
# 258 THE COURT: Overruled.
# 259 MS. CLARK: And when the cars come in with no keys, you can't lock them, correct?
# 260 MR. MERAZ: That's correct.
# 261 MS. CLARK: Because then you couldn't get back to the car, correct?
# 262 MR. MERAZ: Correct.
# 263 MS. CLARK: And this car was never locked, correct, at least when you saw it?
# 264 MR. MERAZ: When I saw it it was never locked.
# 265 MS. CLARK: Now, when you got into the Bronco on the first occasion, sir, were you bleeding?
# 266 MR. MERAZ: I don't think I was, no.
# 267 MS. CLARK: When you got into the car on the second occasion, sir, were you bleeding?
# 269 MS. CLARK: And when you got into the car on the third occasion were you bleeding?
# 271 MS. CLARK: And when you opened the door to look at the side driver's side pocket with Mr. Jones and Mr. Viertel, were you bleeding?
# 273 MS. CLARK: Now, when you looked inside the car on any of the three occasions that you looked, did you notice that the dome lightbulb was missing?
# 274 MR. MERAZ: Never paid any attention to it.
# 275 MR. COCHRAN: Assumes a fact not in evidence, your Honor. Move to strike.
# 276 THE COURT: Overruled.
# 277 MS. CLARK: Did you ever notice the dome lightbulb underneath the passenger seat of that car?
# 278 MR. COCHRAN: Assumes a fact not in evidence, objection.
# 279 THE COURT: Sustained.
# 280 MS. CLARK: You looked inside the car; is that correct?
# 281 MR. MERAZ: Correct.
# 282 MS. CLARK: Did you ever see the dome lightbulb anywhere in the car other than--let me ask--did you see the dome lightbulb for that car--by the dome lightbulb, I mean the interior dome lightbulb for that car--anywhere around the floor area of the car?
# 283 MR. MERAZ: I wasn't looking for it.
# 284 MS. CLARK: Was your answer no then, you didn't see it?
# 285 MR. MERAZ: I wasn't looking for it. I--I didn't see it. I wasn't looking for it.
# 286 MS. CLARK: It is your job, as you testified earlier, to make some record of the condition of the Bronco, correct?
# 287 MR. MERAZ: Correct.
# 288 MS. CLARK: And so if the dome light is missing, dome lightbulb is missing from the interior of the car, it would be your job to make a note of that, correct?
# 289 MR. COCHRAN: Assumes a fact not in evidence, your Honor.
# 290 THE COURT: Sustained.
# 291 MS. CLARK: If there is something--
# 292 THE COURT: Rephrase the question.
# 294 MS. CLARK: If there is something missing or unusual about the condition of the car, whether it is exterior or interior, it is your job to note that, isn't that correct, and make note of it?
# 295 MR. MERAZ: When we make those of vehicles that are towed in, we make notes of radio, hubcaps and damage is on a vehicle. Very rare does anybody pay any attention to light dome.
# 296 MS. CLARK: How about if the dome light cover is missing as well as the lightbulb, would that be something that you would take note of?
# 297 MR. COCHRAN: Assumes a fact not in evidence, your Honor.
# 298 THE COURT: Overruled.
# 300 MS. CLARK: You wouldn't take note of that?
# 301 MR. MERAZ: Unless I noticed it.
# 302 MR. COCHRAN: Object again, your Honor.
# 303 THE COURT: Overruled.
# 304 (Discussion held off the record between Deputy District Attorney and Defense counsel.) # 305 MS. CLARK: I have a photograph--I have a photograph I would like marked People's 5--
# 306 MR. COCHRAN: No objection to marking, but I would like to approach, your Honor, as to the date that photograph was taken. Foundation.
# 307 THE COURT: Side bar with the court reporter, please.