Cross-examination of Donna Estes

📄 Cross-examination of Donna Estes — Tuesday, December 3, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\3\CROSS-EXAMINATION-OF-DONNA-EST.DOC

TRIAL

▲ Day 24 of 57

◀ Direct examination of Donna Estes Direct examination of Craig Baumgarten (part 1) ▶

Witness: Donna Estes
Examiner: Robert Baker
Called by: Plaintiff • Date: Tuesday, December 3, 1996 • Utterances: 33

Defense attorney cross-examines Donna Estes about a Saturday dinner with OJ Simpson and Paula Barbieri during a Memorial Day weekend trip. The key substance is Estes recounting OJ's comments about Nicole — praising her as a good mother while also expressing resentment about her social life, drinking, and appearance when going out.

# 1 Q:

What was the date on this purported House of Blues meeting?

# 2 A:

It would have been the Wednesday -- I believe the Wednesday after Memorial Day weekend.

# 3 Q:

And was that the one up on Sunset?

# 4 A:

Yes.

# 5 Q:

Okay.

Now, you were over across at Mr. Petrocelli's suite at the Doubletree?

# 6 A:

Yes. I came there just before I came here.

# 7 Q:

And how long did you meet with him?

# 8 A:

I was only there for a few minutes. I didn't actually get there until, like, almost 1:20, and we came straight here.

# 9 Q:

All right.

Now, you told us that you met O.J. and Paula Barbieri on the morning -- that Saturday morning?

# 10 A:

Right.

# 11 Q:

And you chatted with them about that time. What time was that?

# 12 A:

You know, it's hard to remember what time. I just remember it was in the morning, because we were planning the day. So, I mean, I can guess. I have no idea. Maybe 10 o'clock, but that's just a guess.

# 13 Q:

All right.

And -- and you say you had a discussion with him at that time, correct?

# 14 A:

Everyone just agreed to meet for dinner that night, and there was discussion of who was going to do what during the day.

# 15 Q:

And was -- was it your understanding, when you say you agreed to meet in the morning, when you talked to Paula and O.J., that there had been no plans about meeting that night at the dinner, as far as you were aware?

# 16 A:

I don't really understand what you're asking me.

# 17 Q:

Are you telling us that when you say you had this happenstance meeting with Paula and O.J. in the morning of -- Saturday morning, that there was no premade plans to have dinner on Saturday night?

# 18 A:

We had all planned on having dinner on Saturday night. That was the plan. Everyone went down together. And the discussion was what were people going to do during the day. And we were all going to meet for dinner in the evening.

# 19 Q:

Okay.

And is it -- well, in terms of the sitting at the table, did you sit next to O.J. Simpson?

# 20 A:

I sat next to O.J. for maybe 20 or 25 minutes. My husband was at the other end of the table, and then he came and sat next to O.J. for the rest of the dinner.

# 21 Q:

And they talked about your -- you and O.J. talked about your relationship, did you not?

# 22 A:

My relationship?

# 23 Q:

Yeah, with your husband. You were talking about the relationships that the men and women had --

# 24 A:

No.

# 25 Q:

-- at the table, were you not?

# 26 A:

No, we weren't, actually.

# 27 Q:

You didn't talk about that at all?

# 28 A:

No. My relationship with my husband, no.

In fact, he wasn't my husband at the time. And I very specifically remember not talking about it because he came in late, and we jumped right into the discussion as to why he was late.

# 29 Q:

And the only thing that you recall in the conversation that was discussed within the 20, 25 minutes that you talked to Mr. Simpson, was about Nicole, and that she was a good mother, and he would -- his idea of a good day was going to Disneyland with her and the kids?

# 30 A:

Yeah. And how Paula didn't understand that.

KEY QUOTE

# 31 Q:

And he also talked to you about his dislike for Nicole's going-out spots, drinking, with short skirts and seeing how she was noticed, correct?

KEY QUOTE

# 32 A:

Yes.

# 33 Q:

I don't have anything further.

Temperature

procedural

Key Quotes (3)

Witness

Yeah. And how Paula didn't understand that.

Estes adds unprompted that OJ felt Paula didn't understand his connection to Nicole and the kids — suggesting tension in the Simpson-Barbieri relationship and OJ's lingering attachment to Nicole.

Examiner

And he also talked to you about his dislike for Nicole's going-out spots, drinking, with short skirts and seeing how she was noticed, correct?

Establishes OJ's possessive and controlling attitudes toward Nicole's behavior even after the divorce — relevant to domestic violence narrative.

Witness

In fact, he wasn't my husband at the time. And I very specifically remember not talking about it because he came in late, and we jumped right into the discussion as to why he was late.

Estes firmly corrects the examiner's mischaracterization and offers a specific detail, showing she is an attentive and confident witness.

Notable Exchanges (2)

Examiner•Witness

Examiner attempts to characterize the dinner conversation as including discussion of Estes's relationship with her husband; Estes flatly denies it and corrects that he was not yet her husband at the time.

corrective

Examiner•Witness

Examiner summarizes OJ's comments about Nicole — good mother, Disneyland — and Estes agrees but volunteers the Paula detail, adding texture to OJ's emotional state.

revealing

Credibility Attacks (1)

⚔ Donna Estes

mischaracterization

Examiner falsely suggested Estes discussed her marital relationship with OJ at dinner; Estes denied it and noted the man was not even her husband at the time.

Objections

None recorded

Proceeding 8445 • 33 utterances • Plaintiff witness

Civil Trial

Department 103