📄 Cross-examination of Allen Wattenberg — Thursday, June 30, 1994
📅 Jun 30 — Day 1
🛡️ Robert Shapiro🗣️ Allen Wattenberg
knifesales_recordsevidence_identification
Address:
C:\DEPT103\PRELIMINARY\1994\JUN\30\CROSS-EXAMINATION-OF-ALLEN-WAT.DOC
TRIAL
▲ Day 1 of 6

Cross-examination of Allen Wattenberg

Witness: Allen Wattenberg
Examiner: Robert Shapiro
Called by: Prosecution • Date: Thursday, June 30, 1994 • Lines: 57
Robert Shapiro questioned knife-store owner Allen Wattenberg about the difference between collectible and hunting knives, Simpson's reported interest in a hunting knife, and the store's sales records. Wattenberg conceded that the store retained no itemized record proving that the particular knife was sold for a particular price on the claimed day, although he said a police-purchased exemplar was identical apart from minor variations in its bone handle.
1 THE COURT:

Thank you. Mr. shapiro?

2 MR. SHAPIRO:

Yes. Thank you very much, your Honor.

3

CROSS-EXAMINATION

4

BY MR. SHAPIRO:

5 Q:

Good afternoon, Mr. wattenberg.

6 A:

good afternoon, sir.

7 Q:

You described this knife as a collectable?

8 A:

Yes, sir.

9 Q:

What is a collectable?

10 A:

A collectable is generally a finely crafted knife, that collectors would be interested in.

11 Q:

Are there different categories of knives that you carry in your store?

12 A:

yes, there are.

13 Q:

What are those categories?

14 A:

We carry cooks' knives, butcher knives, general purpose kitchen knives, pocket knives of every size and description that you could think of, hunting knives. You know, the list could go on and on. There's many, many different categories of knives.

15 Q:

How would you differentiate a hunting knife from a collectable knife?

16 A:

A hunting knife could also be a collectable knife. It would depend on who made it, and the quality involved.

17 Q:

What is the main purpose of a hunting knife?

18 A:

The main purpose of a hunting knife is fishing and hunting.

19 Q:

And to use for what purpose?

20 A:

Generally for a cutting tool.

21 Q:

Are those usually single edge or double edge?

22 A:

Most hunting knives are with a single edge.

KEY QUOTE
23 Q:

Did Mr. simpson, at any time, ask to see a hunting knife?

24 A:

I believe that he did, yes, sir.

25 Q:

And you showed him numerous knives, did you not?

26 A:

Myself personally, I did not.

27 Q:

Mr. Camacho, to your knowledge, did?

28 A:

Yes, sir, he did.

29 Q:

Do you maintain books and records in the course of your business?

30 A:

yes, we do.

31 Q:

Do you maintain an inventory of your business?

32 A:

We carry, not a complete inventory. We do an inventory like annually, you know, for the city requirement, or whatever.

33 Q:

Do you keep a record of sales, in the normal course of your business?

34 A:

We generally ring up items on a cash register. And at the end of the day, we take a total. We keep a total of repairs, because repairs are nontaxable. At the end of the day, we fill out a daily cash sheet, which indicates the total of sales and the total of repairs.

35 Q:

Does your receipt have the -- does your cash register record individual purchases for items that are sold in a given day?

36 A:

Generally not, sir.

37 Q:

Have you checked your receipts for this particular day?

38 A:

Yes, I have.

39 Q:

Did they keep a list of the individual purchases?

40 A:

No. This sale was just a cash sale, which was rung up on the cash register.

KEY QUOTE
41 Q:

When a sale is made in the normal course of your business, is a receipt given?

42 A:

There are times when a receipt is given, if a customer requires it, or if it's something that's being, like, mailed, that we need a record of, you know, for mailing purposes. Or if an item is put on layaway, there are receipts made out. But if a sale is made, just a cash sale, it is rung on the cash register.

43 Q:

Are duplicate receipts made?

44 A:

No, sir, they're not.

45 Q:

Just one copy of one receipt?

46 A:

Yes, sir.

47 Q:

That goes to the customer; is that correct?

48 A:

That's correct, sir.

49 Q:

what you are telling us, you have no record, whatsoever, to establish that this particular item for this particular price, was sold on this particular day?

KEY QUOTE
50 A:

That would be correct, sir.

KEY QUOTE
51 Q:

Regarding the exhibit that you've been shown, and that was purchased by the Los Angeles Police Department, about a week ago --

52 A:

Yes, sir.

53 Q:

-- Except for the handle, you would say the knife is the identical knife?

54 A:

Yes, sir, that's correct.

55 Q:

And the handle will vary in design and color?

56 A:

There could be slight difference in color and texture of the bone.

KEY QUOTE
57 MR. SHAPIRO:

Thank you. Nothing further.

Temperature

routine

Key Quotes (5)

Allen Wattenberg
Most hunting knives are with a single edge.
Wattenberg clarified the typical design of the kind of knife Simpson reportedly asked to see.
Allen Wattenberg
This sale was just a cash sale, which was rung up on the cash register.
The alleged purchase was not documented through an itemized or duplicate receipt retained by the store.
Robert Shapiro
what you are telling us, you have no record, whatsoever, to establish that this particular item for this particular price, was sold on this particular day?
Shapiro distilled the defense's central point: no business record independently tied the specific knife purchase to the claimed date and price.
Allen Wattenberg
That would be correct, sir.
Wattenberg expressly conceded that the store lacked documentary proof of the specific transaction.
Allen Wattenberg
There could be slight difference in color and texture of the bone.
Wattenberg qualified the comparison between the police-purchased exemplar and the knife allegedly sold by explaining natural handle variation.

Evidence (3)

Informal
An exemplar knife purchased by the Los Angeles Police Department about a week earlier; Wattenberg said it was identical to the relevant knife except for natural variations in the bone handle.
displayed and discussed
Informal
The store's cash-register records and receipts for the day of the alleged sale, which recorded aggregate cash sales but did not identify the particular item purchased.
discussed and challenged
Informal
The store's daily cash sheet showing total sales and total nontaxable repairs, but not individual purchases.
discussed

Notable Exchanges (3)

Robert ShapiroAllen Wattenberg
Shapiro elicited that Simpson had asked to see a hunting knife, but Wattenberg had not personally shown him the knives; employee Camacho had done so.
strategic
Robert ShapiroAllen Wattenberg
Shapiro walked through the store's recordkeeping practices and secured Wattenberg's admission that no retained record established the specific knife, price, and sale date.
revealing
Robert ShapiroAllen Wattenberg
Wattenberg agreed that the police-purchased exemplar was identical except for slight differences in the bone handle's color and texture.
routine

Credibility Attacks (1)

⚔ Allen Wattenberg
challenging the lack of corroborating business records
Shapiro established that the store's records could not verify the specific knife, price, or date of sale attributed to Simpson; Wattenberg conceded, "That would be correct, sir."

Objections

None recorded
Proceeding 9062 • 57 lines • Prosecution witness
Preliminary Trial
Department 103
📂 JUN 30, 1994 📄 Cross-examination of Allen Wat
JUN 30, 1994