Direct examination of Stewart Tanner

📄 Direct examination of Stewart Tanner — Friday, July 1, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\1\DIRECT-EXAMINATION-OF-STEWART-.DOC

TRIAL

▲ Day 2 of 6

◀ Cross-examination of Karen Lee Crawford Cross-examination of Stewart Tanner ▶

Witness: Stewart Tanner
Examiner: Marcia Clark
Called by: Prosecution • Date: Friday, July 1, 1994 • Lines: 89

Mezzaluna bartender and waiter Stewart Tanner identified Ron Goldman and Nicole Brown from photographs and described seeing both at the restaurant on June 12, 1994. He testified that he and Goldman planned to go out after work, that Goldman was last seen walking toward the restaurant’s front door in a white shirt and black pants, and that Goldman never made the expected call after Tanner arrived home around 11:30 p.m.

# 1 MS. CLARK:

People call Mr. Stewart Tanner.

# 2 MR. SHAPIRO:

Your Honor, is it necessary to leave the photographs up for the next witness?

# 3 MS. CLARK:

No. I was about to take them down.

# 4 THE COURT:

All right. Face the clerk and please raise your right hand, please, sir. THE COURT CLERK: You do solemnly swear the testimony you are about to 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.

# 5 STEWART TANNER:

Yes, I do Stewart tanner, CALLED AS A WITNESS ON BEHALF OF THE PEOPLE, WAS EXAMINED AND TESTIFIED AS FOLLOWS: THE COURT CLERK: Please be seated. Please state your name state, and spell your name for the record.

# 6 STEWART TANNER:

Stewart Tanner, S-T-E-W-A-R-T, T-A-N-N-E-R.

# 7 THE COURT:

Thank you. You may inquire.

# 8 MS. CLARK:

Thank you.

# 9

DIRECT EXAMINATION

# 10

BY MS. CLARK:

# 11 Q:

Good morning, Mr. tanner.

# 12 A:

Good morning.

# 13 Q:

Can you tell us where you work, sir?

# 14 A:

The Mezzaluna, in Brentwood.

# 15 Q:

Where is that located, exactly?

# 16 A:

11750 San Vicente.

# 17 Q:

Is that near the intersection of San Vicente -- Bundy and San Vicente -- excuse me, Bundy and Dorothy?

# 18 A:

Yes, it is.

# 19 Q:

How long have you worked there as a waiter?

# 20 A:

Since November of '93.

# 21 Q:

Do you have some other duties, as well as being a waiter there, sir?

# 22 A:

I bar tend occasionally. Well, basically Saturday, Sunday and Monday evenings.

# 23 Q:

Showing you photographs that have been previously marked as People's 2 and 3. First of all, People's 2, sir, do you recognize the person shown there?

# 24 A:

Yes, I do.

# 25 Q:

who is that?

# 26 A:

Ron Goldman.

# 27 Q:

And the person shown in People's 3?

# 28 A:

Nicole brown.

# 29 Q:

With respect to Ron Goldman, how did you meet him, sir?

# 30 A:

We were co-workers.

# 31 Q:

He worked at the Mezzaluna also?

# 32 A:

Yes, he did.

# 33 Q:

In what capacity?

# 34 A:

As a waiter.

# 35 Q:

Had you known him before he worked there?

# 36 A:

No, I did not.

# 37 Q:

You met him there then?

# 38 A:

Yes.

# 39 Q:

And Nicole brown, how did you get to know her?

# 40 A:

She was a customer at the restaurant.

# 41 Q:

Now, were you working there on the night of June 12th, 1994?

# 42 A:

Yes, I was.

# 43 Q:

In what capacity were you working there on the night of June 12th?

# 44 A:

As a bartender.

# 45 Q:

Did you see Ron Goldman there that night?

# 46 A:

Yes, I did.

# 47 Q:

Was he working?

# 48 A:

Yes.

# 49 Q:

Did you see Nicole brown there that night?

# 50 A:

Yes, I did.

# 51 Q:

Did you happen to notice whether she was alone or with another party?

# 52 A:

Nicole was with her family and children.

# 53 Q:

How large was that party?

# 54 A:

A group of approximately ten.

# 55 Q:

Did you make some plans with Ron Goldman for later that evening?

# 56 A:

We were supposed to get together after work and go out.

KEY QUOTE

# 57 Q:

And where was that?

# 58 A:

We were going to the Baja cantina.

# 59 Q:

Which is located where?

# 60 A:

In Marina Del Rey.

# 61 Q:

What exact plans did you have to meet up that night?

# 62 A:

Basically, Ron got off work before me, and was to call me at work, or I was to call him when I got home. I got home from work that night, was tired. I hadn't received a phone call from him as of yet, was going to wait for the call, or just go ahead and go to bed.

# 63 Q:

Now, the location of 875 south Bundy, do you know where that is, sir?

# 64 A:

Yes, ma'am.

# 65 Q:

Is that location on the way -- if you leave the Mezzaluna restaurant, would that location be on the way to the Baja cantina, or your house?

# 66 A:

Yes, it would be.

# 67 Q:

Did you see Ronald Goldman as he left the restaurant that night?

# 68 A:

Yes, I did.

# 69 Q:

Did he say something to you?

# 70 A:

Said he'd talk to me later.

KEY QUOTE

# 71 Q:

And when he left, sir, was he still wearing the waiter's uniform?

# 72 A:

No, he had taken his tie and vest off, and he had a white dress shirt, black pants, black shoes.

# 73 Q:

So, he had that part of the waiter's uniform on?

# 74 A:

Correct.

# 75 Q:

Black shoes, black pants and a white shirt?

# 76 A:

Yes, ma'am.

# 77 Q:

Do you recall -- did you know where he lived?

# 78 A:

I knew that he lived within walking distance of the restaurant, and that's about it. I didn't know the exact location, I knew from the basic direction that he took, but not the exact address.

# 79 Q:

So, when he left the bar that night, he said he'll talk to you later. Did he leave by the front or the side exit?

# 80 A:

The last time I saw him, he was walking towards the front door. However, I did not see him leave through that door. I did not see him leave through the side entrance, either.

KEY QUOTE

# 81 Q:

So, you didn't actually see him leave the restaurant?

# 82 A:

Correct.

# 83 Q:

You just had that last conversation with him?

# 84 A:

Right.

# 85 Q:

What time did you get home that night, sir?

# 86 A:

Somewhere around 11:30.

KEY QUOTE

# 87 Q:

And did you get any phone calls from Ron?

# 88 A:

No, ma'am.

# 89 MS. CLARK:

I have nothing further.

Temperature

routine

Key Quotes (5)

Stewart Tanner

We were supposed to get together after work and go out.

Tanner explained his plans with Goldman after their shifts, helping establish Goldman’s intended movements that night.

Stewart Tanner

Said he'd talk to me later.

This was Tanner’s account of Goldman’s final words to him at the restaurant.

Stewart Tanner

The last time I saw him, he was walking towards the front door. However, I did not see him leave through that door. I did not see him leave through the side entrance, either.

Tanner carefully limited his testimony: he saw Goldman approaching the front door but did not witness his actual departure.

Stewart Tanner

Somewhere around 11:30.

Tanner established when he arrived home and was available to receive the expected call from Goldman.

Stewart Tanner

No, ma'am.

Tanner confirmed that Goldman never made the planned phone call, supporting the prosecution’s timeline.

Evidence (3)

People's 2

A photograph of Ron Goldman, whom Tanner identified as his co-worker at the Mezzaluna.

displayed and identified

People's 3

A photograph of Nicole Brown, whom Tanner identified as a customer of the Mezzaluna.

displayed and identified

Informal

The clothing Ron Goldman was wearing when Tanner last saw him: a white dress shirt, black pants, and black shoes, with his waiter’s tie and vest removed.

discussed

Notable Exchanges (3)

Marcia Clark•Stewart Tanner

Tanner testified that he and Goldman planned to meet after work at the Baja Cantina, with Goldman expected to call him later.

revealing

Marcia Clark•Stewart Tanner

Clark clarified that Tanner did not actually see Goldman exit the restaurant, only walking toward the front door.

careful

Marcia Clark•Stewart Tanner

Tanner described Goldman’s clothing when last seen and testified that he received no call from him after arriving home around 11:30 p.m.

routine

Objections

None recorded

Proceeding 9079 • 89 lines • Prosecution witness

Preliminary Trial

Department 103