Cross-examination of Jackie Cooper (1 of 2)

📄 Cross-examination of Jackie Cooper (1 of 2) — Tuesday, December 3, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\3\CROSS-EXAMINATION-OF-JACKIE-CO.DOC

TRIAL

▲ Day 24 of 57

◀ Direct examination of Jackie Cooper Cross-examination of Jackie Cooper ▶

Witness: Jackie Cooper
Examiner: Daniel Petrocelli
Called by: Defense • Date: Tuesday, December 3, 1996 • Utterances: 76

Defense attorney Robert Baker cross-examines alibi witness Jackie Cooper, attacking his credibility by establishing that Cooper never mentioned any conversation about Nicole Brown Simpson to LAPD investigators in a November 1994 interview, despite now testifying to lengthy discussions about her during a golf outing with Simpson. Cooper repeatedly claims not to recall what he told police and admits he never reviewed his own statement before testifying.

# 1 Q:

Mr. Cooper, you were interviewed on November 3, 1994 by the LAPD, right?

# 2 A:

Yes, sir.

# 3 Q:

Never mentioned one thing about the 18 holes of golf, correct?

# 4 A:

I don't recall.

# 5 Q:

Never mention one thing about the hour-long phone call you testified to here?

# 6 A:

I don't recall.

# 7 Q:

Never mentioned one thing about any conversation whatsoever concerning Nicole Brown Simpson, right?

# 8 MR. PETROCELLI:

Your Honor, I'm going to object only because there's no foundation that he was asked these questions.

# 9 THE COURT:

Sustained.

# 10 Q:

(BY MR. BAKER) Wait a minute. When you were interviewed by the LAPD in November of 1994, it was about the murder of Nicole Brown Simpson and Ron Goldman, by the Police Department and the LA D.A.'s office; isn't that true?

# 11 A:

It was a telephone call.

# 12 Q:

Maybe you didn't understand the question.

You were interviewed on November 3, 1994, about the murders and your relationship with O.J. Simpson; you knew it was concerning the murder of Nicole Brown Simpson when you gave the interview. Isn't that true, Mr. Cooper?

# 13 A:

They called me because they found my telephone number.

# 14 Q:

Did you or did you not know that it was about the murder of Nicole Brown Simpson?

Can you simply answer the question?

# 15 A:

Yes.

# 16 Q:

And in that interview, you never mentioned her name once, did you?

# 17 MR. PETROCELLI:

Objection. He doesn't know what he was asked.

# 18 A:

I don't -- I have no idea what I did or not.

# 19 THE COURT:

Overruled.

# 20 Q:

(BY MR. BAKER) What you told the investigating officers was that Jackie Cooper recalls the weekend as being enjoyable golf and tennis, correct?

# 21 A:

I would classify doing that as enjoyable.

# 22 Q:

Well, I would, too, if I had your job.

But you never mentioned one thing about Mr. Simpson having had what you now talk about as the discussion centering around Nicole Brown Simpson; isn't that true, sir?

KEY QUOTE

# 23 A:

I recall only one question that they asked me.

# 24 Q:

Maybe you didn't understand my question.

My question, sir, is: You didn't mention one thing about any conversation you had with Mr. Simpson concerning Nicole Brown Simpson; true or untrue?

# 25 MR. PETROCELLI:

I'm going to object on the ground that it's argumentative and also lacks foundation, in that has not elicited what he was asked.

# 26 THE COURT:

Overruled.

# 27 Q:

(BY MR. BAKER) True?

# 28 A:

Would you repeat the question, please.

# 29 Q:

You never once mentioned the name Nicole Brown Simpson in this purported conversation that went four hours on the golf course, an hour on the telephone, and another time period after that. You never once mentioned that to the investigating officers, did you, sir?

# 30 A:

I don't know if I did or not.

KEY QUOTE

# 31 Q:

You looked-- you spent some time with Mr. Petrocelli relative to this case, did you not, sir?

# 32 A:

Yes, sir.

# 33 Q:

You looked at the statement you gave to the police back in 1994?

# 34 A:

No, sir.

# 35 Q:

Never looked at it?

# 36 A:

No, sir.

# 37 Q:

Did you -- did you recall, sir, the members of the foursome?

# 38 A:

Alan Austin was one, and relatives of Alan Austin, and I don't -- I actually don't even know their names right now.

# 39 Q:

They were Alan Austin and relatives of Alan Austin and yourself, correct?

# 40 A:

Yes.

# 41 Q:

And Mr. Simpson, correct?

# 42 A:

Yes.

# 43 Q:

And so it was a fivesome?

# 44 A:

No, it was a foursome.

# 45 Q:

How could there be relatives of Alan Austin if it was a foursome?

KEY QUOTE

# 46 A:

Well, a relative.

# 47 Q:

And now you have all these remembrances of these conversations about this evening with Mr. Simpson and the day with Mr. Simpson, right?

# 48 A:

Yes, I do.

# 49 Q:

Yeah.

And that's after you spent how much time with Mr. Petrocelli?

# 50 A:

I would guess -- I would say -- estimate 20 minutes with Mr. Petrocelli.

# 51 Q:

How about the rest of them?

# 52 A:

None.

# 53 Q:

How about when you were first contacted about this?

# 54 A:

It was last spring.

# 55 Q:

And from last spring to the present, you've spent 20 minutes total, right?

# 56 A:

Yes, sir.

# 57 Q:

Yeah, I see.

And you never felt compelled to -- during the criminal trial, to ever discuss one thing with the police about these purported conversations you're here telling the jury about, correct?

# 58 MR. PETROCELLI:

That's argumentative, Your Honor.

# 59 THE COURT:

Sustained.

# 60 Q:

(BY MR. BAKER) Well, you never did, after you were contacted on November 4, 1995 -- strike that -- November 3, 1994 -- you never did contact the police with this -- these comments that you say that Mr. Simpson was talking about Nicole Brown Simpson?

# 61 A:

No, I did not.

# 62 Q:

You stated in your interview that O.J. was with Paula Barbieri. You told them that, did you not?

# 63 A:

Did I tell who that?

# 64 Q:

The police, when they talked to you, November 3, 1994.

# 65 A:

If they asked me about it, I -- whatever they asked me, I told them the truth.

# 66 Q:

I see.

And you don't have an explanation as to why Nicole Brown Simpson's name was never brought up in your interview with the police on November 3, 1994, correct?

# 67 MR. PETROCELLI:

Objection. Calls for speculation, Your Honor.

# 68 THE COURT:

Overruled.

# 69 JACKIE COOPER:

Would you repeat it.

# 70 Q:

(BY MR. BAKER) You have no explanation when you were called on November 3, 1994, to talk about Mr. Simpson and the weekend that you have just discussed with this jury, why there was not one mention of any conversation with Mr. Simpson where Nicole Brown Simpson's name was mentioned, correct?

# 71 A:

That's right. I felt that they were in control of the conversation. And it was very brief.

KEY QUOTE

# 72 Q:

I see.

So, in any event, sir, you didn't tell them anything about any conversation you had -- you purportedly had with Simpson concerning Nicole Brown Simpson; true or untrue?

# 73 MR. PETROCELLI:

Asked and answered.

# 74 A:

I'm not sure.

# 75 THE COURT:

Sustained.

# 76 MR. BAKER:

Nothing further.

REDIRECT EXAMINATION BY MR. PETROCELLI:

Temperature

tense

Key Quotes (4)

Robert Baker

Well, I would, too, if I had your job.

Baker undercuts Cooper's wealth-and-privilege alibi characterization with a rare moment of pointed humor, implying Cooper's comfortable life makes him unreliable as a witness.

Jackie Cooper

That's right. I felt that they were in control of the conversation. And it was very brief.

Cooper's only substantive explanation for why he never mentioned Nicole Brown Simpson to police — and it's thin, essentially conceding the omission while deflecting responsibility.

Jackie Cooper

I don't know if I did or not.

Repeated inability or unwillingness to confirm or deny what he told investigators; undermines his credibility as a witness with sharp memory of events two years prior.

Robert Baker

How could there be relatives of Alan Austin if it was a foursome?

Catches Cooper in a basic factual inconsistency about the golf outing he claims to remember in detail, exposing shaky recall.

Evidence (1)

Informal

Jackie Cooper's November 3, 1994 LAPD telephone interview about the murder weekend and his relationship with OJ Simpson

Referenced to impeach — Baker establishes Cooper never reviewed it before testifying and never mentioned Nicole Brown Simpson in it

Notable Exchanges (3)

Robert Baker•Jackie Cooper

Baker repeatedly asks whether Cooper mentioned Nicole Brown Simpson's name in his 1994 police interview; Cooper cycles through 'I don't recall,' 'I don't know,' and requests to repeat the question, never giving a direct denial.

strategic

Robert Baker•Jackie Cooper

Cooper testifies there were 'relatives of Alan Austin' in the group but also calls it a foursome — Baker immediately catches the contradiction.

revealing

Robert Baker•Jackie Cooper

Baker establishes that Cooper spent only 20 minutes total with Petrocelli to prepare for his testimony and never reviewed his own police statement.

strategic

Light Moments (1)

Robert Baker

After Cooper says he 'would classify' the golf weekend as enjoyable, Baker says 'Well, I would, too, if I had your job.'

Credibility Attacks (2)

⚔ Jackie Cooper

prior inconsistent statement (omission)

Baker establishes that Cooper's detailed testimony about OJ discussing Nicole Brown Simpson — across 18 holes of golf, an hour-long phone call, and additional time — was never mentioned in his November 1994 LAPD interview, despite Cooper knowing the interview concerned the murders.

⚔ Jackie Cooper

inadequate preparation / failure to review prior statement

Cooper admits he never looked at his 1994 police statement before testifying and spent only 20 minutes total with plaintiff's counsel Petrocelli, suggesting his testimony is not refreshed from reliable sources.

Witness Demeanor

Repeatedly evasive: 'I don't recall,' 'I don't know if I did or not,' 'I'm not sure'

Asked to repeat questions multiple times

Contradicted himself on foursome vs. fivesome before correcting to 'a relative'

Objections

6 objections (3 sustained, 3 overruled)

Proceeding 8442 • 76 utterances • Defense witness

Civil Trial

Department 103