Direct examination of Leslie Gardner

📄 Direct examination of Leslie Gardner — Wednesday, December 4, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\4\DIRECT-EXAMINATION-OF-LESLIE-G.DOC

TRIAL

▲ Day 25 of 57

◀ Document production discussion — Dr. Weir Redirect examination of Leslie Gardner ▶

Witness: Leslie Gardner
Examiner: Dan Leonard
Called by: Defense • Date: Wednesday, December 4, 1996 • Utterances: 163

Leslie Gardner, a wardrobe stylist with eight years of experience, testified that she acquired a black DKNY cashmere sweat suit and other exercise clothing for O.J. Simpson during filming of his exercise video 'Minimum Maintenance Fitness for Men' on May 25-27, 1994. She identified Simpson wearing the black sweat suit in three photographs taken on the final day of filming at his Rockingham property, and confirmed that per industry custom, the clothing was a gift — she left it at his house and it was never returned to her.

# 1 MS. MOLINARO:

Thank you, Your Honor.

We call Leslie Gardner.

LESLIE GARDNER, called as a witness on behalf of Plaintiffs, was duly sworn and testified as follows:

# 2 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth and nothing but the truth, so help you God~?

# 3 LESLIE GARDNER:

I do.

# 4 THE CLERK:

And would you please state and spell your name for the record.

# 5 LESLIE GARDNER:

Leslie Gardner, L-E-S-L-I-E G-A-R-D-N-E-R.

DIRECT EXAMINATION BY MS. MOLINARO:

# 6 Q:

Good afternoon, Ms. Gardner.

What is your occupation?

# 7 A:

Wardrobe stylist.

# 8 Q:

And as a wardrobe stylist, is that for television, videos or what?

# 9 A:

Television, music videos, fashion, print.

# 10 Q:

How long have you been a wardrobe stylist?

# 11 A:

Approximately eight years.

# 12 Q:

And during that time, how many sets have you been a wardrobe stylist on?

# 13 A:

Numerous sets. Couldn't even count.

# 14 Q:

Would it be more than 100?

# 15 A:

Definitely more than 100.

# 16 Q:

In May of 1994, did you do any work on a video called "Minimum Maintenance Fitness for Men" featuring Orenthal James Simpson?

# 17 A:

Yes, I did.

# 18 Q:

What exactly did you do on that video?

# 19 A:

I was the wardrobe stylist for the video.

# 20 Q:

Was that an exercise video?

# 21 A:

Yes.

# 22 Q:

Did you have any assistants?

# 23 A:

No, I did not.

# 24 Q:

Were you the only wardrobe stylist on the video?

# 25 A:

Yes.

# 26 Q:

What were your duties as the wardrobe stylist?

# 27 A:

To acquire all clothing used in the video; either rent, buy, borrow; keep track of all the clothing during the shoot; decide what everybody wears; and keep track of all the clothing at the end of the shoot.

# 28 Q:

As the wardrobe stylist, did you acquire clothing for Mr. Simpson to wear on the video?

# 29 A:

Yes, I did.

# 30 Q:

Did any other member of the production crew other than you handle any wardrobe or clothing issues for that video?

# 31 A:

No.

# 32 Q:

What dates was the video filmed, do you recall?

# 33 A:

We filmed May 25, 26 and 27.

# 34 Q:

Is that 1994?

# 35 A:

1994.

# 36 Q:

Where was that video filmed?

# 37 A:

The first two days were filmed at a sound stage in Hollywood and the third day was filmed at O.J.'s house.

# 38 Q:

Were you present on all three days?

# 39 A:

Yes, I was.

# 40 Q:

During the filming, did you see a photographer on the set taking still photographs of the actors and actresses?

# 41 A:

Yes, I did.

# 42 Q:

And you said that you did acquire clothing for Mr. Simpson to wear in that video?

# 43 A:

Yes.

# 44 Q:

What type of clothing did you acquire for Mr. Simpson?

# 45 A:

Everything from sweat clothes, shoes, sport clothes, dress clothes.

# 46 Q:

You said sweat clothing. Is that workout and exercise clothing?

# 47 A:

Workout, exercise clothing and socks.

# 48 Q:

Focusing on that exercise clothing, can you tell me what items did you acquire for Mr. Simpson?

# 49 A:

I acquired everything from T-shirts, tank tops and shorts to sweat jackets, sweat pants, things like that.

# 50 Q:

Focus on the sweat suit. Did you acquire a sweat suit for Mr. Simpson?

# 51 A:

Yes, I did.

# 52 Q:

What color?

# 53 A:

Black, mostly black, and gray.

# 54 Q:

Where did you get the black sweat suit for Mr. Simpson?

# 55 A:

I bought them at the Reebok store in Santa Monica and Bullock's Men's Store.

# 56 Q:

Anywhere else?

# 57 A:

I had some sent in from New York.

# 58 Q:

From what company in New York?

# 59 A:

Donna Karan Men's Clothes. That's DKNY.

# 60 Q:

Did you have a conversation with Mr. Simpson about acquiring a black sweat suit?

# 61 A:

Yes, I did.

# 62 Q:

What did he say to you?

# 63 A:

He mentioned that he wanted a certain cashmere sweat suit from DKNY Men's, and that he dealt with them in the past; he had one previously, and he wanted another one because the old one had gotten pilled up.

KEY QUOTE

# 64 Q:

What does "pilled up" mean?

# 65 A:

When a knit fabric gets a little bit damaged on the surface, they call it pilled.

# 66 Q:

What does that actually look like?

# 67 A:

Just little -- little balls of fibers just get kind of caught together.

# 68 Q:

What causes that?

# 69 A:

Just general wear and tear.

# 70 Q:

After Mr. Simpson asked you to get him a black DKNY sweat suit, did you acquire one for him?

# 71 A:

Yes, I did.

# 72 MS. MOLINARO:

Steve --

# 73 (Exhibit 2219 is displayed on the Elmo screen.)

# 74 Q:

(BY MS. MOLINARO) You can just turn and look at the TV monitor there.

I'm putting what's been marked as Exhibit 2219.

Do you recognize what's depicted in that photograph?

# 75 A:

Yes, I do.

# 76 Q:

What is it?

# 77 A:

The clothing or the people?

# 78 Q:

The people.

# 79 A:

The people. That would be O.J. and Richard, the trainer.

# 80 Q:

Richard was one of the other actors in the video?

# 81 A:

Right.

# 82 Q:

He was the --

# 83 A:

Personal trainer or actor.

# 84 Q:

Okay. All right.

Do you remember on which of the three days, May 25, 26 and 27, which of those three days was that photograph taken?

# 85 A:

That would have been the 27th.

# 86 Q:

Do you know where that picture was taken?

# 87 A:

On the road right outside of O.J.'s house.

# 88 Q:

Were you there that day --

# 89 A:

Yes, I was.

# 90 Q:

-- when that photograph was taken?

I want you to look at the black sweat pants that Mr. Simpson is wearing in Exhibit 2219.

Are those the black sweat pants that you acquired for him?

# 91 A:

Yes.

# 92 Q:

And why don't you now take a look at the black sweat top that Mr. Simpson is wearing in Exhibit 2219.

Is that a black, zip-front sweat jacket that you acquired for him?

# 93 A:

Yes, it is.

# 94 MS. MOLINARO:

Going to switch the photograph on the monitor to Exhibit 2220.

# 95 (Exhibit 2220 is displayed on TV monitor.)

# 96 Q:

(BY MS. MOLINARO) Do you recognize what's depicted there?

# 97 A:

Yes, I do.

# 98 Q:

Who are those people. Again?

# 99 A:

O.J. and Richard Walsh.

# 100 Q:

Was that also taken on the third day of the video?

# 101 A:

Yes, it was.

# 102 Q:

Outside of Mr. Simpson's house?

# 103 A:

Yes.

# 104 Q:

Okay.

Looking at the black sweat pants that Mr. Simpson's wearing in Exhibit 2220, are those the black sweat pants that you acquired for him?

# 105 A:

Yes, they are.

# 106 MS. MOLINARO:

And the next one, Steve, this will be marked next, 2226, put that on the monitor.

# 107 Q:

(BY MS. MOLINARO) Tell me, do you recognize the person in that photograph?

# 108 A:

Yes, I do.

(The instrument herein described

as a Photograph of O.J. Simpson wearing a black sweat jacket, with

a blue-colored shirt, was marked for identification as Plaintiffs' Exhibit No. 2226.)

# 109 Q:

Is that Mr. Simpson?

# 110 A:

Yes.

# 111 Q:

I want you to focus on the black sweat jacket that he's wearing there.

Is that a sweat jacket that you acquired for him?

# 112 A:

Yes, it is.

# 113 (Exhibit 2219 displayed on Elmo screen.)

# 114 Q:

After the exercise video was completed, when you were done filming, did Mr. Simpson return to you that black sweat suit he was wearing, either the top or the bottom or both?

# 115 A:

He never returned anything to me.

# 116 Q:

Did Mr. Simpson ever tell you that he wanted -- he didn't want to keep that black sweat suit?

# 117 MR. LEONARD:

Objection, leading, Your Honor.

# 118 THE COURT:

Overruled.

# 119 MR. LEONARD:

And irrelevant.

# 120 THE COURT:

Overruled.

# 121 A:

Can you repeat the question.

# 122 Q:

(BY MS. MOLINARO) Sure.

Did Mr. Simpson ever tell you that he did not want to keep that black sweat suit?

# 123 A:

He never told me that.

# 124 Q:

Did any member of the production crew working on the video ever return that black sweat suit to you after the filming?

# 125 A:

Nobody did.

# 126 Q:

Did any member of the production crew ask your permission to take that black sweat suit at the completion of the video?

# 127 A:

Nobody did.

# 128 Q:

To your knowledge, did Mr. Simpson give that black sweat suit to any member of the production crew?

# 129 MR. LEONARD:

Objection, lack of knowledge, calls for speculation.

# 130 THE COURT:

To her knowledge. Overruled.

# 131 A:

To my knowledge, to nobody.

# 132 Q:

(BY MS. MOLINARO) Do you remember the other two articles of clothing I showed you on the other two photographs?

# 133 A:

Yes.

# 134 Q:

Did Mr. Simpson ever return those to you?

# 135 A:

No, he did not.

# 136 Q:

Did any member of the production crew ever return those to you?

# 137 A:

No, nobody did.

# 138 Q:

After the filming of the exercise video was completed, did you see any member of the production crew walking off the set with any of the black sweat clothing that Mr. Simpson is shown wearing in this or the other two photographs?

# 139 A:

No.

# 140 MR. LEONARD:

Objection, leading, Your Honor.

# 141 THE COURT:

Overruled.

# 142 A:

I saw no one walk up with any clothes -- no one walked off with any clothes.

# 143 Q:

After the filming was completed, did you ask Mr. Simpson to return any of the sweat clothing to you?

# 144 A:

No, I didn't ask him to return anything.

# 145 Q:

Why not?

# 146 MR. LEONARD:

Objection, irrelevant.

# 147 THE COURT:

Overruled.

# 148 A:

In my profession, whatever we use on a set, if we use it, we buy it, and if we buy it, it's given to the talent. It's given as a gift.

KEY QUOTE

# 149 Q:

When you say "given as a gift," do you mean that they can keep it?

# 150 A:

Yes.

# 151 MR. LEONARD:

Objection, leading.

# 152 THE COURT:

Overruled.

# 153 Q:

Based on your eight years as a wardrobe stylist, is it your experience that's the general custom and practice in your industry, if clothing is acquired, the talent keeps it?

# 154 A:

Yes, it is.

# 155 Q:

Now, you testified earlier that that photograph and the other two were taken on the third and final day, May 27, correct?

# 156 A:

Correct.

# 157 Q:

That was the last day of filming?

# 158 A:

Yes.

# 159 Q:

So when you packed up your things and left Mr. Simpson's house on that third and final day, did you take with you any of the articles of black sweat clothing that you had acquired for Mr. Simpson?

# 160 A:

No, I did not.

# 161 Q:

Did you leave that black sweat clothing at Mr. Simpson's house?

# 162 A:

I left it there.

# 163 MS. MOLINARO:

Nothing further at this time, Your Honor.

Temperature

procedural

Key Quotes (3)

Leslie Gardner

He mentioned that he wanted a certain cashmere sweat suit from DKNY Men's, and that he dealt with them in the past; he had one previously, and he wanted another one because the old one had gotten pilled up.

Establishes Simpson specifically requested and desired a black DKNY sweat suit, undercutting any claim he was unfamiliar with or indifferent to the garment.

Leslie Gardner

In my profession, whatever we use on a set, if we use it, we buy it, and if we buy it, it's given to the talent. It's given as a gift.

Establishes that Simpson legitimately kept and owned the black sweat suit — it was at his house and his to keep on the night of the murders.

Leslie Gardner

I left it there.

Confirms the black sweat clothing remained at Simpson's Rockingham estate after May 27, 1994, placing it in his possession weeks before the June 12 murders.

Evidence (3)

Plaintiffs' 2219

Photograph of O.J. Simpson and trainer Richard Walsh wearing black sweat pants and zip-front sweat jacket, taken outside Simpson's house on May 27, 1994

displayed and identified by witness

Plaintiffs' 2220

Second photograph of O.J. Simpson and Richard Walsh in black sweat pants, taken outside Simpson's house on May 27, 1994

displayed and identified by witness

Plaintiffs' 2226

Photograph of O.J. Simpson wearing black sweat jacket with blue-colored shirt

marked for identification and identified by witness

Notable Exchanges (1)

Ms. Molinaro•Dan Leonard•Hiroshi Fujisaki

Leonard objected six times during direct examination — on leading, relevance, and speculation grounds — and was overruled every time, allowing Molinaro to fully establish the sweat suit's provenance and ownership.

strategic

Objections

6 objections (0 sustained, 6 overruled)

Proceeding 8471 • 163 utterances • Defense witness

Civil Trial

Department 103