Redirect examination of Josephine Guarin (1 of 2)

📄 Redirect examination of Josephine Guarin (1 of 2) — Wednesday, December 4, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\4\REDIRECT-EXAMINATION-OF-JOSEPH.DOC

TRIAL

▲ Day 25 of 57

◀ Direct examination of Josephine Guarin Redirect examination of Josephine Guarin ▶

Witness: Josephine Guarin
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Wednesday, December 4, 1996 • Utterances: 97

P. Baker cross-examined Josephine Guarin, Simpson's housekeeper, focusing on two points: Simpson's habitual last-minute rushing before flights, and the phone call she made to him on the night of June 12. Baker established that Simpson sounded normal on that call and had no prior knowledge she would be calling, undermining any argument that the call itself is suspicious. Baker also attempted an inappropriate question about Petrocelli's deposition demeanor, which was shut down by the court.

# 1 THE COURT:

Cross.

CROSS-EXAMINATION BY MR. P. BAKER:

# 2 Q:

Good afternoon, Ms. Guarin.

# 3 A:

Good afternoon.

# 4 Q:

How are you?

# 5 A:

I'm fine.

# 6 Q:

You worked for Mr. Simpson for about how long prior to the murders?

# 7 A:

Since April of 1994 up to the present.

# 8 Q:

So about two months?

# 9 A:

Prior to the murder, maybe, yeah, two months.

# 10 Q:

Mr. Simpson was pretty neat?

# 11 A:

Yes.

# 12 Q:

He wouldn't leave socks in the middle of the floor?

# 13 MR. PETROCELLI:

This is outside of the scope.

# 14 THE COURT:

Sustained. But I'll permit it in the interest of time.

# 15 Q:

(BY MR. P. BAKER) He wouldn't leave socks in the middle of the floor?

# 16 A:

No.

# 17 MR. PETROCELLI:

Objection, leading.

# 18 THE COURT:

Sustained as leading.

# 19 MR. PETROCELLI:

Move to strike the answer.

# 20 THE COURT:

Stricken.

# 21 Q:

(BY MR. P. BAKER) In the six weeks that you worked with Mr. Simpson, you were there a couple times when Mr. Simpson had to catch a flight, correct?

# 22 A:

Yes.

# 23 Q:

And Mr. Simpson would -- would he rush around before he would have to catch a flight.

# 24 MR. PETROCELLI:

All leading?

# 25 A:

Always.

# 26 THE COURT:

Sustained.

# 27 MR. PETROCELLI:

Move to strike the answer.

# 28 THE COURT:

Stricken.

# 29 Q:

(BY MR. P. BAKER) How would you describe Mr. Simpson's demeanor when he had to catch a flight?

# 30 A:

He always late. He's always rushing. He will do everything in last minute.

KEY QUOTE

# 31 Q:

Sometimes you'd help him pack?

# 32 A:

Yes.

# 33 Q:

Okay.

Did you ever -- Strike that.

What room would you normally sleep in when you stayed over in Mr. Simpson's house?

# 34 A:

In the laundry room -- there's a room next to the laundry room.

# 35 Q:

When his mother was in town that's where she usually stays?

# 36 A:

Yes.

# 37 Q:

And that room has -- the laundry room has a side door to it, doesn't it?

# 38 A:

Yes.

# 39 Q:

And does that door open up into a walkway?

# 40 A:

Yes.

# 41 Q:

And did you have a key to that door?

# 42 A:

Yes.

# 43 Q:

And were there any other keys?

# 44 A:

What other -- there's only master key can open that.

# 45 Q:

As far as you know O.J. Simpson had a master key, correct?

# 46 A:

Yes.

# 47 MR. PETROCELLI:

Objection, calls for speculation.

# 48 THE COURT:

Sustained.

Stricken.

# 49 Q:

(BY MR. P. BAKER) You talked to Mr. Simpson on the night of June 12, correct?

# 50 A:

Yes.

# 51 Q:

And what did you do that day?

# 52 A:

I went to Knott's Berry Farm.

# 53 Q:

And what time did you arrive at Knott's Berry Farm?

# 54 A:

Around maybe 9 or 10 in the morning.

# 55 Q:

Okay.

And who did you go there with?

# 56 A:

With my family.

# 57 Q:

And it was for Filipino Independence Day?

# 58 A:

Yes.

# 59 Q:

And did Mr. Simpson know you were going to call him that night?

# 60 A:

No.

# 61 MR. PETROCELLI:

Objection, calls for speculation.

# 62 THE COURT:

Sustained.

# 63 Q:

(BY MR. P. BAKER) Did you ever tell Mr. Simpson you would be calling him that night?

# 64 A:

No.

# 65 Q:

As far as you knew Mr. Simpson had no idea you'd be calling him that might?

# 66 MR. PETROCELLI:

Objection, calls for speculation.

# 67 THE COURT:

Sustained.

# 68 Q:

(BY MR. P. BAKER) You called Mr. Simpson at about 8 o'clock?

# 69 A:

Yes.

# 70 Q:

And what did you ask him?

# 71 A:

I asked him permission if I can stay at Knott's Berry Farm because I need to get to -- go back to the house that night.

# 72 Q:

Okay.

Mr. Simpson granted you permission?

# 73 A:

Yes.

# 74 Q:

And you never told him at any point that day, that you'd be calling him at 8 o'clock on the night of June 12?

# 75 MR. PETROCELLI:

Objection. It's leading.

# 76 THE COURT:

It's leading, but I'll permit it.

# 77 A:

No, I never told him that I would call that night.

KEY QUOTE

# 78 Q:

(BY MR. P. BAKER) And O.J. Simpson sounded normal on that phone, did he not?

# 79 A:

Yes.

# 80 Q:

Now, Mr. Petrocelli referred to the deposition you had.

Do you remember that?

# 81 A:

Yes.

# 82 Q:

Was Mr. Petrocelli's demeanor the same today as it was during that deposition?

# 83 MR. PETROCELLI:

Objection, Your Honor, it's irrelevant.

# 84 THE COURT:

Sustained.

MR. P. BAKER: Mr. Petrocelli --

# 85 MR. PETROCELLI:

Objection.

I'm going to ask another question in the same line. I think it's out of order. I'd ask the Court to admonish him.

# 86 THE COURT:

Don't repeat that question.

# 87 (Laughter.)

# 88 Q:

(BY MR. P. BAKER) How would you describe --

# 89 MR. PETROCELLI:

Objection. Same thing, Your Honor. He just received an order from the Court.

# 90 MR. BAKER:

He didn't receive an order from the Court.

# 91 MR. PETROCELLI:

He absolutely did.

# 92 THE COURT:

Mr. Petrocelli's demeanor in that deposition is not relevant.

MR. P. BAKER: I have nothing further.

# 93 MR. BAKER:

Wait.

MR. P. BAKER: Oh, well, I do.

# 94 Q:

(BY MR. P. BAKER) What time were you due back on the night of June 12th?

# 95 A:

Supposed to be -- I supposed to be there before he arrived -- catch his flight to Chicago.

# 96 Q:

Around 10 o'clock?

# 97 A:

Might be, yeah, around 10.

MR. P. BAKER: I've got nothing further.

REDIRECT EXAMINATION BY MR. PETROCELLI:

Temperature

procedural

Key Quotes (3)

Witness

He always late. He's always rushing. He will do everything in last minute.

Establishes Simpson's pattern of last-minute pre-flight behavior, relevant to the defense timeline argument that rushing around Rockingham that night was normal.

Witness

No, I never told him that I would call that night.

Supports the defense point that Simpson had no reason to expect the call, making his normal-sounding demeanor more credible as unguarded.

Witness

O.J. Simpson sounded normal on that phone, did he not? Yes.

Key defense point: Simpson sounded normal at approximately 8 PM on the night of the murders.

Notable Exchanges (1)

P. Baker•Petrocelli•Fujisaki

Baker asked whether Petrocelli's demeanor during the deposition was the same as in court — an obvious attempt to characterize Petrocelli as aggressive or intimidating toward the witness. Petrocelli objected, Fujisaki sustained and explicitly told Baker not to repeat it. Baker appeared to start rephrasing the same question and was shut down again.

contentious

Light Moments (2)

Courtroom

Laughter in the courtroom after Baker tried to re-ask about Petrocelli's deposition demeanor immediately after being told not to.

P. Baker / Robert Baker

Baker said 'I have nothing further,' then Robert Baker told him to wait, and P. Baker backtracked: 'Oh, well, I do.'

Credibility Attacks (1)

⚔ Daniel Petrocelli

implied intimidation/bias

Baker attempted to get Guarin to comment on whether Petrocelli's courtroom demeanor matched his deposition demeanor, apparently to suggest she was pressured or coached. The court shut this down as irrelevant.

Witness Demeanor

(Laughter) — courtroom reaction to Baker's repeated demeanor question

Objections

12 objections (9 sustained, 0 overruled)

Proceeding 8476 • 97 utterances • Plaintiff witness

Civil Trial

Department 103