Cross-examination of Allan Park

📄 Cross-examination of Allan Park — Tuesday, July 5, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\5\CROSS-EXAMINATION-OF-ALLAN-PAR.DOC

TRIAL

▲ Day 3 of 6

◀ Redirect examination of Allan Park Session reopens ▶

Witness: Allan Park
Examiner: Robert Shapiro
Called by: Prosecution • Date: Tuesday, July 5, 1994 • Utterances: 77

Marcia Clark redirected Allan Park to rehabilitate his timeline testimony after cross-examination raised doubts about his certainty. Clark established which specific times Park was certain of (10:25 arrival, 10:40 bell-ringing, 10:55 boss's callback) and why he was certain of each. She concluded by revealing that Shapiro had secretly recorded Park in a June 14th phone interview without his knowledge or consent, and that Park gave Shapiro the same times he testified to in court — undermining any suggestion the defense had created inconsistency.

# 1

REDIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

ARE YOU VAGUE ABOUT THE TIME THAT YOU ARRIVED AT THE 360 ROCKINGHAM ADDRESS, SIR?

# 4 A:

NO.

# 5 Q:

YOU KNOW THAT PRECISELY YOU ARRIVED AT 10:25?

# 6 MR. SHAPIRO:

I AM GOING TO OBJECT TO THE FORM OF THE QUESTION, YOUR HONOR.

# 7 THE COURT:

ON WHAT BASIS?

# 8 MR. SHAPIRO:

THAT IT IS LEADING AND SUGGESTIVE.

# 9 THE COURT:

SUSTAINED.

# 10 MS. CLARK:

THE WITNESS HAS ALREADY TESTIFIED TO THAT. HOW COULD I BE LEADING, YOUR HONOR?

# 11 MR. SHAPIRO:

WELL, THEN IT IS ASKED AND ANSWERED.

# 12 MS. CLARK:

IT IS FOUNDATIONAL.

# 13 MR. SHAPIRO:

THERE IS NO REASON FOR FOUNDATION IF IT IS ALREADY ON THE RECORD.

# 14 THE COURT:

YOUR QUESTION WAS LEADING. ///

# 15

BY MS. CLARK:

# 16 Q:

MR. PARK, ARE YOU VAGUE ABOUT THE TIME THAT YOU ARRIVED AT THE 360 ROCKINGHAM ADDRESS ON THE NIGHT OF JUNE THE 12TH?

# 17 A:

I AM CERTAIN.

# 18 Q:

AND WHY ARE YOU CERTAIN?

# 19 A:

BECAUSE WHEN I ARRIVED AND PARKED, I LOOKED AT MY WATCH.

# 20 Q:

AND THAT TIME WAS?

# 21 A:

10:25.

# 22 Q:

IS THERE A CLOCK IN THE CAR?

# 23 A:

YES, THERE IS.

# 24 Q:

AND DID THAT CLOCK MATCH UP TO THE TIME ON YOUR WATCH?

# 25 A:

IT MIGHT BE A COUPLE MINUTES OFF.

# 26 Q:

APPROXIMATELY THE CORRECT TIME THOUGH?

# 27 A:

YES.

# 28 Q:

ARE YOU VAGUE ABOUT WHEN YOU CALLED YOUR BOSS?

# 29 A:

YES.

# 30 Q:

ARE YOU VAGUE ABOUT WHEN YOU PULLED DOWN TO THE ROCKINGHAM GATE?

# 31 A:

YES.

# 32 Q:

WHAT TIMES ARE YOU CERTAIN OF?

# 33 A:

I AM CERTAIN ABOUT -- I LOOKED AT MY WATCH QUITE A BIT, WAITING TO PICK UP. I AM CERTAIN ABOUT THE TIME I ARRIVED; I AM CERTAIN ABOUT THE TIME I CAME UP TO THE ASHFORD GATE AND STARTED RINGING. I AM CERTAIN ABOUT THE TIME OF THE CALL FROM MY BOSS.

# 34 Q:

OKAY. SO YOU ARE CERTAIN OF THE TIME THAT YOU ARRIVED AT THE LOCATION, 360 ROCKINGHAM?

# 35 A:

YES.

# 36 Q:

AND YOU ARE CERTAIN ABOUT THE TIME THAT YOU BEGAN TO RING THE BELL AT THE ASHFORD GATE?

# 37 MR. SHAPIRO:

YOUR HONOR, I BELIEVE I'M GOING TO OBJECT TO THIS. THIS IS GOING OVER THE SAME EXACT TESTIMONY THAT'S ALREADY BEEN ELICITED.

# 38 MS. CLARK:

NO, THAT'S NOT --

# 39 THE COURT:

OVERRULED.

# 40

BY MS. CLARK:

# 41 Q:

WHAT TIME WAS IT THAT YOU BEGAN TO RING THE BELL THAT YOU ARE CERTAIN OF?

# 42 A:

10:40.

# 43 Q:

AND WHAT TIME WAS IT THAT YOU -- EXCUSE ME, STRIKE THAT. YOU SAID YOU WERE CERTAIN OF THE TIME THAT YOUR BOSS CALLED YOU BACK?

# 44 A:

YES.

# 45 Q:

AND WHY IS THAT?

# 46 A:

BECAUSE AS HE CALLED, I LOOK AT MY WATCH TO LOOK AT THE TIME -- HE TOLD ME TO WAIT UNTIL 11:15. SO I LOOKED AT WHAT TIME IT WAS THEN TO MAKE SURE IT WASN'T 11:15.

KEY QUOTE

# 47 Q:

SO YOU LOOKED SPECIFICALLY AT YOUR WATCH WHEN HE TOLD YOU TO WAIT UNTIL 11:15?

# 48 A:

YES.

# 49 Q:

AND THE TIME WAS THEN?

# 50 A:

10:55.

# 51 Q:

AND HOW LONG AFTER THAT POINT THAT YOU LOOKED AT YOUR WATCH AND SAW IT WAS 10:55 THAT YOU SAW THE AFRICAN AMERICAN PERSON WHO WAS SIX FOOT, ABOUT 200 POUNDS, GOING INTO THE HOUSE?

# 52 A:

IT WAS A COUPLE MINUTES. I WAS ON THE PHONE A COUPLE MINUTES.

# 53 Q:

AND YOU ARE CERTAIN OF THAT TIME?

# 54 A:

YES.

# 55 Q:

NOW YOU SPOKE TO MR. SHAPIRO BEFORE YOU EVER SPOKE TO THE POLICE OR MYSELF IN THIS CASE; IS THAT CORRECT?

# 56 A:

YES.

# 57 Q:

YOU HAD THE INTERVIEW WITH HIM ON JUNE THE 14TH?

# 58 A:

FROM WHAT I REMEMBER, YES.

# 59 Q:

AND THAT WAS THE INTERVIEW HE REFERRED TO AS BEING ON THE SPEAKER PHONE WITH HIM?

# 60 A:

YES.

# 61 Q:

DID YOU KNOW YOU WERE BEING TAPED BY HIM AT THE TIME, SIR?

# 62 A:

NO, I WAS NEVER TOLD I WAS BEING TAPED OR NEVER ASKED TO BE TAPED.

KEY QUOTE

# 63 Q:

MR. SHAPIRO NEVER TOLD YOU THAT HE WAS TAPING YOUR CONVERSATION?

# 64 A:

NO, NEVER.

# 65 Q:

AND HE NEVER ASKED YOUR PERMISSION TO TAPE YOUR CONVERSATION?

# 66 A:

NO, NEVER.

# 67 Q:

AND MR. SHAPIRO QUESTIONED YOU ABOUT THE TIMES DURING THAT CONVERSATION HE HAD WITH YOU ON JUNE THE 14TH, WHAT TIME YOU ARRIVED, WHAT TIME YOU LEFT?

# 68 A:

FROM WHAT I REMEMBER, YES.

# 69 Q:

WHEN YOU SPOKE TO MR. SHAPIRO ON JUNE THE 14TH, 1994, YOU GAVE HIM THE SAME TIMES THAT YOU HAVE GIVEN US IN COURT TODAY; ISN'T THAT CORRECT?

KEY QUOTE

# 70 A:

YES.

# 71 MS. CLARK:

I HAVE NOTHING FURTHER.

# 72 THE COURT:

MR. SHAPIRO, DO YOU HAVE ANY FURTHER QUESTIONS?

# 73 MR. SHAPIRO:

NO, YOUR HONOR. THANK YOU.

# 74 THE COURT:

I THINK AT THIS TIME YOU CAN SAFELY STEP DOWN.

# 75 ALLAN PARK:

THANK YOU VERY MUCH.

# 76 THE COURT:

I REMIND YOU NOT TO DISCUSS YOUR TESTIMONY. WE WILL TAKE THAT RECESS THAT I MENTIONED FOR FIFTEEN MINUTES.

# 77 (RECESS)

Temperature

procedural

Key Quotes (3)

Allan Park

NO, I WAS NEVER TOLD I WAS BEING TAPED OR NEVER ASKED TO BE TAPED.

Reveals that Shapiro secretly recorded Park without consent — a significant ethical disclosure that also neutralizes any defense attempt to use the recording to impeach Park.

Allan Park

WHEN YOU SPOKE TO MR. SHAPIRO ON JUNE THE 14TH, 1994, YOU GAVE HIM THE SAME TIMES THAT YOU HAVE GIVEN US IN COURT TODAY; ISN'T THAT CORRECT? — YES.

Clark's closing blow: Park's testimony has been consistent from the very first interview with the defense, foreclosing impeachment.

Allan Park

BECAUSE AS HE CALLED, I LOOK AT MY WATCH TO LOOK AT THE TIME -- HE TOLD ME TO WAIT UNTIL 11:15. SO I LOOKED AT WHAT TIME IT WAS THEN TO MAKE SURE IT WASN'T 11:15.

Explains the specific, practical reason Park checked his watch at 10:55 — grounding the timeline in concrete behavior rather than general impression.

Evidence (1)

Informal

Secret audio recording made by Shapiro of his June 14, 1994 phone interview with Allan Park

discussed — existence revealed, Park confirmed he was never told he was being taped or asked for consent

Notable Exchanges (2)

Marcia Clark•Robert Shapiro•Kathleen Kennedy-Powell

Clark's first question was sustained as leading; she argued the witness had already testified to the fact so she couldn't be leading, Shapiro pivoted to 'asked and answered,' and the judge held it was simply leading in form.

procedural friction

Marcia Clark•Allan Park

Clark elicited that Shapiro secretly recorded Park on June 14 without disclosure or consent, then confirmed Park gave Shapiro identical times to his in-court testimony — turning Shapiro's own interview against him.

strategic

Credibility Attacks (1)

⚔ Robert Shapiro

disclosure of improper conduct

Clark revealed that Shapiro secretly taped his June 14 interview with Park without Park's knowledge or consent, casting ethical shadow on the defense's handling of the witness.

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 8996 • 77 utterances • Prosecution witness

Preliminary Trial

Department 103