📄 Cross-examination of John De Bello — Thursday, June 30, 1994
Address:
C:\DEPT103\PRELIMINARY\1994\JUN\30\CROSS-EXAMINATION-OF-JOHN-DE-B.DOC
TRIAL
▲ Day 1 of 6

Cross-examination of John De Bello

Witness: John De Bello
Examiner: Robert Shapiro
Called by: Prosecution • Date: Thursday, June 30, 1994 • Lines: 70
Robert Shapiro questioned restaurant owner John De Bello about how long Ronald Goldman remained after clocking out, the accuracy of the restaurant's time clock, and glasses found outside the restaurant. The cross-examination ended with a clear impeachment: De Bello now said he saw Karen Crawford put the glasses in an envelope, but admitted that he had told the grand jury he did not see what she did with them.
1 THE COURT:

Mr. Shapiro.

2 MR. SHAPIRO:

Yes. Thank you very much, your Honor. / / / / / /

3

CROSS-EXAMINATION

4

BY MR. SHAPIRO:

5 Q:

Good afternoon, Mr. de Bello.

6 A:

Good afternoon.

7 Q:

When you testified before the grand jury, do you recall being asked about the time periods involved, as the prosecutor just asked you here today?

8 A:

Yes, I do.

9 Q:

Do you remember what answers you gave them?

10 A:

Similar answers that I did just a few minutes ago.

11 Q:

When you were asked approximately how long after Mr. Goldman clocked out did he remain, do you recall your answer was approximately 15 to 20 minutes?

12 A:

It could have been, sir.

13 Q:

May I show you your testimony? Would that help refresh your memory?

14 A:

Yes.

15 MR. SHAPIRO:

May I approach the witness, your Honor?

16 THE COURT:

Yes.

17 MR. SHAPIRO:

May I direct the court and prosecutor to page 188 of the grand jury testimony.

18 THE COURT:

For the record, the court does not have that.

19 MR. SHAPIRO:

Would you like to have that, your Honor?

20 THE COURT:

It's not necessary.

21 MR. SHAPIRO:

Thank you.

22 Q:

Just take some time to refresh your memory.

23 A:

Okay.

24 Q:

Have you had a chance to review your testimony before the grand jury?

25 A:

Yes.

26 Q:

Do you recall what your testimony was, regarding how long you stayed with Mr. Goldman after he had clocked out?

27 A:

We talked for a few minutes.

28 Q:

Did you testify before the grand jury that he remained approximately 15 to 20 minutes after he clocked out?

KEY QUOTE
29 A:

Yes, I do.

30 Q:

What type of clock device do you have, to record the times that an employee clocks out?

31 A:

It's an electric clock that is normal in most factories or restaurants. We just put the time card in, and it punches out the time. That's it, it's very simple.

32 Q:

Do you know when the last time that time clock was checked for accuracy?

33 A:

Well, I changed it when the time -- when we changed the time, when it was daylight savings time. So, I pretty much have the clock within a minute or two, I would say, of accurate time.

34 Q:

Do you adjust the clock yourself?

35 A:

I do, yes.

36 Q:

What do you use to set the clock with?

37 A:

There's a little lever that I press down.

38 Q:

What do you use to gauge what the time actually is?

39 A:

My watch.

40 Q:

Did you see a pair of glasses that evening?

41 A:

Yes, I did.

42 Q:

Where did you see them?

43 A:

I saw Karen Crawford pick them up on the sidewalk outside the restaurant.

44 Q:

About what time did she pick them up?

45 A:

I would say somewhere around 9:00, 9:15, in that time frame.

46 Q:

Were you with her when she picked them up?

47 A:

I was inside the restaurant. I saw her pick them up outside the restaurant.

48 Q:

Is there any reason that you watched her do that?

49 A:

Well, I'm very observant in the restaurant. I have to watch my employees. I have to watch customers, to make sure that they're comfortable, and they don't need anything. So, when I see my employees go outside, automatically my eyes turn to her, and I was just wondering what she was doing outside.

50 Q:

Where did you see her pick the glasses up from?

51 A:

Right directly in front of the restaurant, by the valet stand.

52 Q:

On the sidewalk?

53 A:

Along the sidewalk, yeah.

54 Q:

could you tell what type of glasses they were?

55 A:

They were wire rim glasses, they looked like to me, from a distance.

56 Q:

Did they look to be clear glasses or sunglasses?

57 A:

Clear.

58 Q:

Did you see what she did with the glasses?

KEY QUOTE
59 A:

She put them in an envelope.

KEY QUOTE
60 Q:

Do you recall being asked those exact same questions before the grand jury last week?

61 A:

No, I don't.

62 Q:

Let me ask you if the following questions were given to you, on page 189 of the grand jury. "did you happen to see a pair of glasses that evening that was discussed? "A Yes, I did. "Q And where did you see the glasses? "A I saw my manager, my bar manager picking them up off the sidewalk in front of the restaurant. "Q Who was the bar manager? "A Karen Crawford. "Q Did you see what she did with the glasses after she picked them up? "A No, I didn't." Do you recall giving that testimony?

63 A:

No, I don't.

64 Q:

Let me show it to you, please. I Ask you to take as much time as you need to refresh your memory, as to what you just testified to last week.

65 A:

Okay.

66 Q:

Was that your testimony, as I read it, sir, before the grand jury?

67 A:

Yes, it was.

68 MR. SHAPIRO:

Thank you. Nothing further.

69 THE COURT:

Miss Clark, do you have any any further questions?

70 MS. CLARK:

Yes, your Honor. Thank you.

Temperature

routine

Key Quotes (5)

Robert Shapiro
Did you testify before the grand jury that he remained approximately 15 to 20 minutes after he clocked out?
Shapiro fixed the length of time Goldman remained at the restaurant after clocking out, bearing on the evening's timeline.
John De Bello
So, I pretty much have the clock within a minute or two, I would say, of accurate time.
De Bello defended the general accuracy of the restaurant time clock, though he acknowledged setting it himself by reference to his watch.
John De Bello
She put them in an envelope.
This present account of Crawford's handling of the glasses directly conflicted with De Bello's grand jury testimony.
Robert Shapiro
"Q Did you see what she did with the glasses after she picked them up? "A No, I didn't." Do you recall giving that testimony?
Shapiro confronted De Bello with the precise prior statement contradicting his claim that he saw Crawford place the glasses in an envelope.
John De Bello
Yes, it was.
After reviewing the transcript, De Bello admitted that the contradictory passage accurately reflected his grand jury testimony.

Evidence (4)

Informal
The transcript of John De Bello's grand jury testimony, particularly pages 188 and 189, concerning Ronald Goldman's departure time and Karen Crawford's handling of the glasses.
displayed, discussed, and used for impeachment
Informal
The restaurant's electric time clock and employee time card used to record when Ronald Goldman clocked out; De Bello said he set the clock using his watch and believed it was accurate within one or two minutes.
discussed
Informal
A pair of clear, wire-rim glasses that Karen Crawford reportedly picked up from the sidewalk near the restaurant's valet stand.
discussed
Informal
An envelope into which De Bello claimed at the preliminary hearing that Crawford placed the glasses, despite previously testifying that he did not see what she did with them.
discussed and challenged through prior testimony

Notable Exchanges (3)

Robert ShapiroJohn De Bello
Shapiro refreshed De Bello's recollection with page 188 of his grand jury testimony and established that Goldman stayed approximately 15 to 20 minutes after clocking out.
strategic
Robert ShapiroJohn De Bello
Shapiro elicited that De Bello personally adjusted the restaurant time clock using his watch and estimated it was accurate within one or two minutes.
probing
Robert ShapiroJohn De Bello
After De Bello said he saw Crawford put the glasses in an envelope, Shapiro read his contrary grand jury answer, showed him the transcript, and obtained his admission that the prior testimony was accurate.
revealing

Credibility Attacks (1)

⚔ John De Bello
prior inconsistent statement
Shapiro used De Bello's grand jury testimony to show that, contrary to his present testimony that he saw Karen Crawford put the glasses in an envelope, he had previously answered, "No, I didn't" when asked whether he saw what she did with them.

Objections

None recorded
Proceeding 9069 • 70 lines • Prosecution witness
Preliminary Trial
Department 103
📂 JUN 30, 1994 📄 Cross-examination of John De B
JUN 30, 1994