Redirect examination of Leslie Gardner

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

Address:

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

TRIAL

▲ Day 25 of 57

◀ Direct examination of Leslie Gardner Cross-examination of Leslie Gardner ▶

Witness: Leslie Gardner
Examiner: Dan Leonard
Called by: Defense • Date: Wednesday, December 4, 1996 • Lines: 58

Defense attorney Dan Leonard briefly cross-examined Leslie Gardner about her discussions with lawyers before testifying, including his premise that her personal attorney Natasha Roit represented the Browns, and about what Gardner personally observed concerning clothing left after a shoot. Gardner acknowledged that she did not see everyone leave or track what they carried. After Exhibit 2219 was displayed, Gardner confirmed that the sweat top and the sweat clothing she described lacked white piping or striping.

# 1 THE COURT:

Cross-examine.

CROSS-EXAMINATION BY MR. LEONARD:

# 2 Q:

Good afternoon, Mrs. Gardner.

You spent some time with Ms. Molinaro discussing your testimony?

# 3 A:

Yes.

# 4 Q:

Okay.

Now, you've had discussions with other members of the plaintiffs' team, have you not, about your testimony, is that -- isn't that true?

# 5 A:

Mainly Ms. Molinaro.

# 6 Q:

Excuse me?

# 7 A:

Mainly Ms. Molinaro.

# 8 Q:

But you've discussed it with other lawyers representing the Brown estate, isn't that right, or representing the Browns?

# 9 A:

Briefly.

# 10 Q:

Okay.

You discussed it with Natasha Roit, right?

# 11 A:

With Natasha Roit. Yeah.

# 12 Q:

Representing the Browns?

# 13 A:

Yeah.

# 14 Q:

You know who Natasha Roit is?

# 15 A:

Right.

# 16 Q:

She's your lawyer?

# 17 A:

Um-hum.

# 18 Q:

She's your personal lawyer, right?

# 19 A:

Correct.

# 20 MS. MOLINARO:

Objection, irrelevant.

# 21 THE COURT:

Overruled.

# 22 Q:

(BY MR. LEONARD) She represents the Browns, doesn't she?

# 23 A:

I had no idea.

# 24 Q:

Didn't have any idea about that?

# 25 A:

I had no idea about that.

# 26 Q:

Didn't know that she had been a counsel in this case and that she's representing the Browns in the custody hearing for --

# 27 MS. MOLINARO:

Objection, irrelevant.

# 28 Q:

(BY MR. LEONARD) You didn't know that?

# 29 THE COURT:

Overruled.

# 30 Q:

(BY MR. LEONARD) You didn't know that?

# 31 A:

I had no idea.

# 32 Q:

She's the first person you ever talked to about this, isn't that right, your observations?

# 33 A:

I don't recall discussing this with her at all.

# 34 Q:

Didn't discuss it with her at all, is that your testimony?

# 35 A:

Not this case.

# 36 Q:

No, what -- your observations about Mr. Simpson, what you said he was wearing and whether or not he took it away. You talked to her about that, right?

# 37 A:

If I spoke to her, it may have been in a conversational way, not knowing she's connected with the case at all.

KEY QUOTE

# 38 Q:

Okay.

Now, you say that the talent normally keeps the clothing, is that what you're saying?

# 39 A:

Correct.

# 40 Q:

Okay.

You have no idea whether Mr. Simpson kept the clothing -- this clothing for his personal use, right?

# 41 A:

Correct.

# 42 Q:

You don't know that.

You don't know whether he gave it to any number of the, what, 20 or more people that were there on the crew, you have no idea?

# 43 A:

I would say -- I wouldn't say I have no idea. I would say nobody came to me with clothing, I didn't see anybody walk off with clothing, I left it as his house.

KEY QUOTE

# 44 Q:

There were how many people there, 20?

# 45 A:

15, 20 member crew.

# 46 Q:

You didn't see everybody when they left, did you?

KEY QUOTE

# 47 A:

I didn't see everybody when they left.

# 48 Q:

You weren't paying attention to what they were carrying or where they went when they left, did you?

# 49 A:

That's correct.

# 50 MR. LEONARD:

Now, can we get the photographs up again.

That one, yeah.

MR. P. BAKER: 2219.

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

# 52 Q:

(BY MR. LEONARD) There's the sweat top you're talking about, right?

# 53 A:

Right.

# 54 Q:

By the way, that doesn't have any kind of white piping or any kind of white striping along the zipper, does it?

# 55 A:

No, it doesn't.

# 56 Q:

None of the clothing -- the sweat clothing Mr. Simpson wore had anything like that, did it?

# 57 A:

No, it didn't.

# 58 MR. LEONARD:

I don't have anything else.

Thank you.

Temperature

procedural

Key Quotes (3)

Leslie Gardner

If I spoke to her, it may have been in a conversational way, not knowing she's connected with the case at all.

Gardner says she did not know of the connection alleged in Leonard’s questions, which undermines the credibility attack Leonard was attempting.

Leslie Gardner

I would say -- I wouldn't say I have no idea. I would say nobody came to me with clothing, I didn't see anybody walk off with clothing, I left it as his house.

Gardner qualifies her uncertainty by describing what she personally observed about the clothing at the house.

Dan Leonard

You didn't see everybody when they left, did you?

Core of the cross — Leonard establishes Gardner cannot account for where the clothing went after the shoot, given a 15-20 person crew.

Evidence (1)

2219

Photograph of the sweat top Simpson wore during the shoot

displayed on Elmo screen; Gardner confirms it has no white piping or striping along the zipper

Notable Exchanges (2)

Dan Leonard•Leslie Gardner

Leonard presses Gardner on whether her personal lawyer Natasha Roit was also representing the Browns in custody proceedings, implying Gardner's testimony was shaped by people with a stake in the outcome. Gardner claims complete ignorance of Roit's connection to the case.

skeptical

Dan Leonard•Leslie Gardner

Leonard establishes limits on Gardner's knowledge of what happened to the clothing: she said she left it at Simpson's house but did not see everyone leave or track what they carried.

methodical

Credibility Attacks (2)

⚔ Leslie Gardner

bias / alleged counsel connection

Leonard questioned Gardner about whether her personal attorney Natasha Roit represented the Browns and whether Gardner discussed her observations with Roit; Gardner later repeatedly said she had not known Roit was connected with the case.

⚔ Leslie Gardner

lack of personal knowledge

Leonard establishes that Gardner cannot confirm what happened to the clothing after the shoot given the large crew present, establishing limits on her knowledge of what happened to the items.

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 8472 • 58 lines • Defense witness

Civil Trial

Department 103