Cross-examination of Steven Schwab

📄 Cross-examination of Steven Schwab — Friday, July 1, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\1\CROSS-EXAMINATION-OF-STEVEN-SC.DOC

TRIAL

▲ Day 2 of 6

◀ Direct examination of Steven Schwab Court announcement and discussion regarding sealed evidence ▶

Witness: Steven Schwab
Examiner: Gerald Uelmen
Called by: Prosecution • Date: Friday, July 1, 1994 • Lines: 24

Gerald Uelmen questioned Steven Schwab about the loose Akita's behavior, emphasizing whether it stayed in one place, ran between houses, or followed Schwab and his dog. He also asked about nighttime traffic on Bundy and the direction of the police car Schwab flagged down, with Schwab carefully qualifying what he remembered.

# 1 THE COURT:

Mr. Uelmen.

# 2 MR. UELMEN:

Thank you.

# 3

CROSS-EXAMINATION

# 4

BY MR. UELMEN:

# 5 Q:

Now, Mr. Schwab, when you first encountered the Akita --

# 6 A:

Yes.

# 7 Q:

-- was it standing in one place barking at one house?

# 8 A:

It was -- it was standing -- first it noticed myself and my dog, and as dogs do, they sniff one another. And my dog growled at it, and then the dog turned and looked up that path leading to the corner house and started barking at the house.

# 9 Q:

Okay. Was the dog ever running from house to house?

# 10 A:

I didn't -- no. The dog, while I was with the dog, didn't run but walked, again, trying very hard to stay very close to myself and my dog, but stopping at each individual house and barking. There was also -- when the two dogs first met, there was a little bit of barking between them because my dog is aggressive that way and initially growled at the dog.

# 11 Q:

I see. So the dog was simply standing in one place barking when you first encountered it?

# 12 A:

It was not barking when I first encountered it. It was simply standing at the corner and I approached it with my dog. The dogs smelled each other, growled and barked a little bit between them. Then the dog, while I was still standing there, turned, looked down the path and barked at the house.

KEY QUOTE

# 13 Q:

I understand. And then the dog began to follow you?

# 14 A:

Well, I waited at the corner for a few minutes to see if an owner would show up, maybe the owner was a block or so behind the dog, but no one came. So I crossed the street from one side of Bundy to the other to see -- basically to see what the dog would do. Maybe the dog would turn around and go in the direction of its home and I could then follow the dog back to where it came from. But the dog didn't do that. The dog followed myself and my dog across the street.

# 15 Q:

Okay. Now, is Bundy a busy street at that time of night?

# 16 A:

Not especially busy, no, not at that hour. During the day it's always busy, but at night it's relatively -- it's a quiet neighborhood at night.

# 17 Q:

Did you see any cars coming by?

# 18 A:

I saw the police car that I mentioned that I flagged down. I don't recall seeing other cars. I'm not saying that there were no other cars that passed that night, but I don't recall, you know, definitely that I saw a particular car.

# 19 Q:

Okay. Now, with respect to this police car, what direction was it going?

# 20 A:

The police car, it was coming down Bundy and it was on the other side of Bundy that I flagged it down. Therefore, it was coming from the direction of Montana. It was on -- at that point I had crossed the street already and it was on the other side of the street, so it was coming down Montana.

# 21 THE COURT:

Excuse me. Just one moment.

# 22

BY MR. UELMEN:

# 23 Q:

Down south?

# 24 A:

Down Montana.

Temperature

routine

Key Quotes (4)

Steven Schwab

It was not barking when I first encountered it.

Schwab corrected Uelmen's suggestion that the Akita was already standing and barking when first seen.

Steven Schwab

The dog followed myself and my dog across the street.

This establishes that the loose Akita stayed with Schwab rather than returning toward its home.

Steven Schwab

I'm not saying that there were no other cars that passed that night, but I don't recall, you know, definitely that I saw a particular car.

Schwab carefully limited his testimony about traffic and did not claim that the police car was the only vehicle present.

Steven Schwab

Down Montana.

Schwab resisted Uelmen's attempted directional characterization and repeated his own description of the police car's route.

Evidence (2)

Informal

The loose Akita that Schwab encountered on Bundy, which followed him and his dog while stopping and barking at individual houses.

discussed

Informal

The police car Schwab said he flagged down on Bundy and attempted to describe by its direction of travel.

discussed

Notable Exchanges (2)

Gerald Uelmen•Steven Schwab

Uelmen repeatedly characterized the Akita as simply standing in one place and barking, while Schwab clarified that it initially stood quietly, interacted with his dog, then looked toward a house and barked.

clarifying

Gerald Uelmen•Steven Schwab

Uelmen tried to translate Schwab's description of the police car's direction into 'down south,' but Schwab answered, 'Down Montana.'

revealing

Objections

None recorded

Proceeding 9086 • 24 lines • Prosecution witness

Preliminary Trial

Department 103