The Plaintive Wail Theory

In "Without A Doubt" Marcia Clark writes,

"Fenjves, Pablo." One of Nicole's neighbors is watching the Channel 5 news at ten. I like witnesses who peg their memories to the TV Guide. They're usually reliable. At about a quarter past to half past the hour he hears a dog barking "uncontrollably." The dog continues barking for over an hour."

"If you assumed, for arguments sake, that the hound was Nicole's Akita and that he began to bark when his mistress was murdered, that put the time of death--conservatively speaking--somewhere around 10:15 P.M. to 10:30 P.M."

 

Marcia Clark was almost right. The Akita did not start barking until about 10:30. The murders were committed about ten minutes later, after Ron Goldman arrived. The problem with the estimated time of 10:20 is that it is contradicted by five other witnesses. five of Nicole's neighbors who were all outside at 10:20, did not hear the Akita barking.

Nicole's Neighbors

Fenjves was also incorrect when he said he heard the Akita still barking after 11:00. Steven Schwab told how he encountered the barking Akita about 10:55. The Akita stopped barking as it followed him home. Later Schwab gave the Akita to his neighbor, Sukru Boztep. Boztep took the Akita for a walk shortly before midnight, following it back to the murder scene.

 

 

 

PABLO FENJVES
Preliminary Hearing
July 1, 1994


Q Directing your attention, sir, to the evening of June the 12th, 1994, Sunday night. can you tell us where you were in the evening, sir?
A I was home that evening.
Q Can You tell us what you were doing about 10:00 o'clock?
A I had just turned on the channel 5 news.
Q Channel 5 news?
A Yes.
Q Where were you watching television at that time?
A Upstairs in the bedroom, with my wife.
Q At some point, while you were watching the 10:00 o'clock news on channel 5, did something distract you?
A Yes. About 15 or 20 minutes into it, I heard a dog barking, sort of a plaintive wail.

PABLO FENJVES
Criminal Trial
February 7, 1995

CLARK,

Q NOW, SIR, AFTER A PERIOD OF TIME WHETHER IT WAS 10:20 OR WHATEVER TIME, ABOUT FIVE TO SEVEN MINUTES AFTER YOU FIRST HEARD THE BARKING, YOU THEN LEFT FROM YOUR BEDROOM AREA, AND THAT'S WHEN YOU WENT DOWNSTAIRS TO YOUR OFFICE AREA; IS THAT CORRECT?
A YES, SIR.
Q AND AS I UNDERSTAND YOUR TESTIMONY, DURING THIS PERIOD OF TIME, YOUR OFFICE IS FAIRLY SECURE?
A YES, SIR.
Q SO YOU COULDN'T HEAR WHAT WAS GOING ON AT THAT POINT. IS THAT A FAIR STATEMENT?
A THAT IS CORRECT.

 

COCHRAN,

Q WHEN YOU RETURNED BACK UPSTAIRS TO YOUR OFFICE, WAS SHE ( HIS WIFE) STILL IN THE MASTER BEDROOM?
A YES, SHE WAS.
Q ALL RIGHT.
WAS SHE STILL IN THE SAME GENERAL AREA WHERE YOU HAD LEFT HER?
A YES.
WHATEVER SHE HAD BEEN WATCHING WAS JUST ENDING. SO THAT'S HOW I KNEW IT WAS 11:00 O'CLOCK.
Q SO WHATEVER WAS ON TELEVISION -- WAS IT DYNASTY REUNION OR --
A YES, I THINK THAT'S WHAT IT WAS ACTUALLY.
Q DYNASTY REUNION.
A YES.
Q AND IT WAS JUST ABOUT GOING OFF AT ABOUT 11:00 O'CLOCK, IS THAT RIGHT --
A THAT IS CORRECT.
Q -- WHEN YOU CAME BACK UP?
ALL RIGHT.
AND YOU -- AS I UNDERSTAND YOUR TESTIMONY, WHEN YOU CAME BACK UPSTAIRS AND NOW IT'S 11:00 O'CLOCK, YOU KNOW THAT BECAUSE DYNASTY REUNION WAS GOING OFF, THIS DOG WAS CONTINUING TO BARK; IS THAT CORRECT?
A THAT IS CORRECT.
Q YOU COULD NOW HEAR IT AGAIN AT ANY RATE?
A YES, SIR.

Q NOW, YOU INDICATED YOU WENT TO BED AT ABOUT 11:30?
A I WENT TO BED A LITTLE AFTER 11:00.
Q ALL RIGHT.
A AND I READ FOR A WHILE.
Q AND THE DOG CONTINUED TO BARK?
A YES, SIR.
Q HOW LONG DID THAT BARKING CONTINUE?
A UNTIL I FELL ASLEEP, WHICH MAY HAVE BEEN 11:30 OR 11:40 P.M."

 

STEVEN SCHWAB
Criminal Trial
February 8, 1995

Q APPROXIMATELY, IF YOU KNOW, HOW LONG DID IT TAKE YOU TO GET FROM THE CORNER OF GRETNA GREEN AND MONTANA TO THE CORNER OF DOROTHY AND BUNDY?
A WELL,
AGAIN IT TAKES -- THE HALFWAY POINT OF MY ROUTE IS ROUGHLY ON AMHURST, SO THAT TAKES ME ABOUT FIFTEEN MINUTES, SO IT WAS AFTER -- IT WAS AFTER THAT. BASICALLY I MEAN IN TERMS OF WHAT TIME I GOT HOME, THIS WAS TOWARD THE END OF MY ROUTE, SO THIS I WOULD SAY WAS BETWEEN ABOUT -- ABOUT 10:55 OR SO THAT I SAW THE DOG. THAT IS ANOTHER FIVE --BETWEEN FIVE AND TEN MINUTES FOR ME TO GET HOME FROM THAT POINT FROM THE CORNER OF DOROTHY AND BUNDY.
Q SO APPROXIMATELY 10:55 YOU GOT TO THE CORNER OF DOROTHY AND BUNDY?
A THAT'S CORRECT.

Q DO YOU RECALL WHAT TIME YOU GOT HOME?
A WELL,
IT WAS APPROXIMATELY FIVE MINUTES AFTER ELEVEN O'CLOCK. I CAME IN THE DOOR AND I OPENED THE DOOR AND MY WIFE WAS SITTING AT THE COMPUTER AND BEHIND HER I SAW THE T.V. SET AND THE MARY TYLER MOORE SHOW WAS ON AND IT WAS THE BEGINNING OF THAT EPISODE AND I WAS RELIEVED THAT IT HADN'T TAKEN ME MUCH LONGER TO GET HOME THAN USUAL BECAUSE MY WIFE SOMETIMES WORRIES ABOUT ME IF I'M OUT MORE THAN A HALF HOUR. SHE KNOWS I HAVE THIS ROUTINE, SO IF I HAD BEEN OUT CONSIDERABLY LONGER, SHE MIGHT HAVE BEEN WORRIED, BUT SHE WASN'T.
Q OKAY.
SO THE MARY TYLER MOORE SHOW HAD JUST STARTED?
A YEAH,
IT WAS THE BEGINNING OF THE EPISODE.
Q AND DO YOU KNOW WHAT TIME IT BEGAN -- THAT SHOW BEGAN ON SUNDAY NIGHT ON JUNE THE 12TH?
A YES.
THAT SHOW BEGINS AT ELEVEN O'CLOCK.

SUKRU BOZTEP
Criminal Trial
February 8, 1995


Q BY MS. CLARK: ALL RIGHT.
SO YOU TOOK THE DOG WALKING SOUTHBOUND ON BUNDY?
A CORRECT.
Q NOW, CAN YOU TELL US HOW THE DOG WAS BEHAVING AS YOU PROCEEDED SOUTH ON BUNDY?
A IT WAS -- IT WAS GETTING MORE NERVOUS AND IT WAS PULLING ME HARDER.
Q AS YOU PROCEEDED SOUTH ON BUNDY, THE DOG WAS PULLING HARDER?
A YES.
Q IN THE DIRECTION OF SOUTH ON BUNDY?
A CORRECT.
Q AND APPROXIMATELY WHAT TIME WAS IT?
A IT WAS JUST BEFORE MIDNIGHT, LIKE TWO MINUTES BEFORE MIDNIGHT.

 

Go to Nicole's Neighbors

 

 

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