Nicole Brown Simpson's mother, Juditha Brown, testified about the days leading up to Nicole's murder, including a chilling phone call from OJ Simpson shortly after Nicole's 35th birthday and his visibly angry, cold demeanor at Sydney's dance recital on June 12. She recounted her last sight of Nicole alive outside Mezzaluna — 'What a gorgeous girl. What great legs' — and described an inexplicable, crushing depression that overtook her on the drive home that night.
# 1 (The following proceedings were held in open court in the presence of the jury.) # 2 MR. KELLY: Ms. Juditha Brown.
# 3 THE CLERK: Would you please raise your right hand to be sworn.
JUDITHA BROWN, called as a witness on behalf of the Plaintiffs, was duly sworn and testified as follows:
# 4 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?
# 6 THE CLERK: And would you please state and spell your name also for the record.
# 7 JUDITHA BROWN: J-u-d-i-t-h a, B-r-o-w-n.
DIRECT EXAMINATION BY MR. KELLY:
# 8 Q: Good afternoon, Ms. Brown.
# 10 Q: Ms. Brown, first of all, what country were you born in?
# 12 Q: And you grew up there?
# 14 Q: And you're married?
# 16 Q: And who are you married to?
# 18 Q: And how many years have you been married for?
# 20 Q: Okay.
And did you have any children while still living in Germany?
# 23 A: Nicole and Denise.
# 24 Q: And did there come a time that you moved from Germany to California?
# 26 Q: You'll have to speak up a little bit.
# 28 Q: Okay.
And do you recall what year that was?
# 30 Q: And how old was Nicole when you moved from Germany to California?
# 31 A: She was almost 4.
# 32 Q: And by the way, what was her native language at the time when you moved her?
# 34 Q: Now, after you moved here to California, did you and Lou have any other children?
# 38 Q: And boys or girls?
# 40 Q: And the first two were girls also?
# 42 Q: Four girls.
Now, taking you greatly forward Ms. Brown, did there come a time that you met Mr. Simpson?
# 44 Q: Okay. And was there a time that Mr. Simpson and your daughter Nicole began dating?
# 46 Q: Okay.
And how old was Nicole at this time?
# 48 Q: And would it be fair to say that you've always been close to your daughter, Nicole?
# 50 MR. KELLY: Steve, if I could see that photo.
# 51 (Exhibit 2246 is displayed on Elmo.) # 52 Q: (BY MR. KELLY) I ask you to look up there on the screen, Ms. Brown.
That's you and Nicole?
# 54 MR. KELLY: Can you can take it down, Steve.
THE COURT REPORTER: Excuse me; I need a number on that.
# 57 (Nods affirmatively.) # 58 (The instrument herein referred to as Photograph of Juditha Brown with her daughter, Nicole Brown Simpson, was marked for identification as Plaintiffs' Exhibit No. 2246.) # 59 Q: (BY MR. KELLY) Now, Mrs. Brown, eventually, Mr. Simpson and Nicole married, had two children, then divorced in 1992; is that right?
# 61 Q: And what I want to do is draw your attention specifically to May 19, 1994, and ask you if that date has in any particular significance to you?
# 62 A: It was Nicole's birthday.
# 63 Q: And what birthday was that for Nicole?
# 67 Q: Now, did there come a time on any occasion after Nicole's 35th birthday that you spoke to Mr. Simpson?
# 69 Q: And do you recall when that was in relation to Nicole's 35th birthday?
# 70 A: Yes. It was about two or three days later.
# 71 Q: Okay.
And did you speak to him in person or by telephone?
# 72 A: No, by telephone.
# 73 Q: And did you call him or did he call you?
# 75 Q: And do you recall what the substance of that conversation was?
# 76 A: Yes. He said, "She may not love me anymore."
And I said --
# 77 Q: "She" meaning Nicole?
# 78 A: Yes.
And I said, "Well, then, go on with your life."
And he said, "I tell you, the first time when she left me, I take the blame; it was my fault. But the second time, it's gonna hurt."
# 79 Q: Was there any further conversation after he said that to you?
# 81 Q: This is a very brief conversation?
# 82 A: Brief conversation.
And I didn't speak to him for three weeks.
# 83 Q: When was the next time you spoke to him, by the way?
# 84 A: I spoke to him at the recital.
# 85 Q: And that was on June 12?
# 86 A: That was on June 12.
# 87 Q: Now, I want to take you to June 8, 1994, which was four days before Nicole was murdered.
Do you recall seeing Nicole on that day?
# 89 Q: Do you recall where you saw Nicole on that day?
# 90 A: I saw Nicole in her house.
# 91 Q: Was anybody else with you at that time?
# 93 Q: Okay.
And what were you doing at Nicole's house, first of all?
# 94 A: Well, it was Justin's graduation.
# 95 Q: And did you go up to Nicole's house and see her, before you went to the graduation?
# 97 Q: Visit with her at all?
# 99 Q: Do you recall what type of visit you had with her before going to the graduation?
# 101 Q: What were you doing?
# 103 MR. BAKER: I'm going to object to any hearsay, Your Honor and the relevancy of this.
# 104 THE COURT: Sustained.
# 105 MR. KELLY: To explain subsequent action, Your Honor. This conversation --
# 106 MR. BAKER: I would request an offer of proof.
# 107 THE COURT: Attorneys approach the bench.
# 108 (The following proceedings were held at the bench, with the reporter.) # 109 MR. KELLY: Ms. Brown had a conversation with Nicole, in the kitchen, regarding a couple of books that Nicole was presently reading at that time. During the course of this conversation, Nicole actually --
# 110 THE COURT: Hold your voice down.
# 111 MR. KELLY: I'm sorry.
Nicole actually handed one of the books to Ms. Brown that she wanted her to read, asked her to have a look at it. Nicole told her she was reading the book at that time, and then put it back down.
At a much later date in time, Ms. Brown found the book again, and she is just going to testify as to which book it was and some of the notations there where Nicole --
# 112 MR. BAKER: That's all hearsay, Your Honor. That's all hearsay. And her subsequent conduct isn't an issue in this case.
# 113 MR. PETROCELLI: Oh, yes, it is.
# 114 THE COURT: What is the relevance?
# 115 MR. KELLY: It actually --
# 116 THE COURT: Excuse me. Keep your voice down.
# 117 MR. KELLY: I'm sorry, Judge.
# 118 THE COURT: What is the relevance of the book?
# 119 MR. KELLY: It goes directly to her state of mind. The book was --
# 120 THE COURT: You're not telling me anything.
# 121 MR. KELLY: The book was written -- was by Leonore Walker, who was the expert retained by Mr. Simpson in this case. Also, who is the foremost authority on abuse to women that was the author of the book Nicole was reading.
The book, at that time, indicated to Juditha Brown, she's reading the book, marking up the book, and wanted Juditha to read it afterwards, and indicated to her sorry how she felt in terms of her relationship to Mr. Simpson, also, that the book was reflective of it.
Judge, this is more current than the diary entries of June 2, subsequent to the other entries.
# 122 THE COURT: You're not being very helpful.
What is it that she -- what is it that you're talking about?
# 123 MR. KELLY: First of all, the book, the subject --
# 124 THE COURT: What's the other book?
# 125 MR. KELLY: It's called Battered Women.
Would you like to see the book, Your Honor?
# 128 THE COURT: What is it in there that she allegedly underlined?
# 129 MR. KELLY: Certain passages in the book that we feel is regarding behavior that we think is reflective of her own state of mind, and notations reflective of her state of mind in terms of --
# 130 THE COURT: How are you going to establish that?
# 131 MR. KELLY: Conversations with her mother, and the identification of her own handwriting.
# 132 MR. BAKER: Her state of mind is irrelevant to any issue.
# 133 MR. KELLY: Her state of mind has been relevant to every issue, including her conduct at the recital, and after the recital, in terms of her attitude toward Mr. Simpson. This is four days --
# 134 THE COURT: Excuse me. You want to offer somebody else's book as a state of mind of Nicole?
# 135 MR. KELLY: I want to offer it because it contains notations that Nicole made in her --
# 136 THE COURT: What kind of notation is it?
# 137 MR. KELLY: Notations, comments that reflect her own state of mind.
# 138 THE COURT: Such as?
# 139 MR. KELLY: Could I grab the book and bring it up here, Your Honor?
# 140 THE COURT: Oh, all right.
# 141 (Pause in the proceedings for Mr. Kelly to get the book "Battered Women," authored by Lenore Walker.) # 142 MR. KELLY: And there's certain passages on three pages, pages 6 and 9.
# 143 (Pause in the proceedings for the Court to read passages in "Battered Women" by Lenore Walker to which Mr. Kelly referred.) # 144 THE COURT: What is the witness going to testify about these markings?
# 145 MR. KELLY: That Nicole indicated to her, Ms. Brown, that she should read this book when she was done with it, and she said, "Mom, I'm going -- I'm an abused woman, also."
# 146 THE COURT: Excuse me?
# 147 MR. KELLY: She said, "Mom, I'm an abused woman, also; and I want you to look at this book when I'm done with it."
And she gave it to Juditha, who glanced at it, and put it down, and then saw it later on.
Your Honor, we feel it goes directly to state of mind four days before.
# 148 MR. BAKER: I keep saying her state of mind is irrelevant.
# 149 THE COURT: I think her state of mind is relevant.
You have an objection to this? Give me your objection to this.
# 150 MR. BAKER: This is hearsay. Her state mind is irrelevant. They keep saying her state of mind is relevant four days before.
Her state of mind is irrelevant. Irrelevant.
The problem with this is, there is no way to cross-examine her. This could have been done 15 years ago, 19 years ago, whatever. And this woman is exceptionally biased against my client. She got him sued on two fronts.
It's just as relevant as that picture.
# 151 THE COURT: Wait. Wait. Okay.
I've already made a finding that state of mind is relevant, and I'm trying to get you to tell me what why this is -- this shouldn't come in. You're telling me some of it, but you keep going back to the state of mind.
# 152 MR. BAKER: Well, number one --
# 153 THE COURT: Focus your arguments on the book that's --
# 154 MR. BAKER: I've never seen the book before; I've never seen the passages before.
From what I'm looking at, all I'd say is, number one --
# 155 THE COURT: Your objection was -- I think you're saying that there is inadequate foundation.
# 156 MR. BAKER: There's inadequate foundation.
Under 352, the probative value of this book goes to -- the prejudicial value is much too great. I would request that the Court exclude it.
# 157 MR. KELLY: Your Honor, this is four days before the murder; it goes directly to her -- not only her state of mind, but --
# 158 THE COURT: What is your foundation that she wrote these underlined -- these things that you say she underlined?
# 159 MR. KELLY: She indicated to her mother, she was reading it and marking it up, and showed it to her mother, that she was doing it. At this time, she said, "I've just started it; I'll give to you afterwards."
And she can identify her handwriting.
# 160 THE COURT: I think under 352, the foundation is totally inadequate. I'm going to exclude it.
# 161 (The following proceedings were held in open court, in the presence of the jury.) # 162 Q: (BY MR. KELLY) Mrs. Brown, did there come a time that you left Nicole's condominium that day, June 8, on Bundy, and went in -- where else?
# 163 A: Yes. We went to Justin's graduation.
# 164 Q: And who, besides yourself, went to Justin's graduation at this time?
# 165 A: My husband, Lou, and Nicole.
# 166 Q: And could you describe Nicole's demeanor, at this time, at Justin's graduation.
# 167 MR. BAKER: Relevancy, Your Honor.
# 168 THE COURT: What was the question again, please?
# 169 MR. KELLY: I asked her to describe Nicole's demeanor.
# 170 THE COURT: Overruled.
# 171 A: Nicole was very nervous, extremely nervous. She kept looking to the gate.
# 172 Q: Did Mr. Simpson ever show up at the graduation that day?
# 174 MR. KELLY: Now, if I can see the photo.
# 175 (Photograph displayed.) # 176 Q: (BY MR. KELLY) I ask you to look at that photograph, Mrs. Brown.
# 178 (The instrument herein referred to as Photograph of Nicole Brown Simpson, wearing a black dress was marked for identification as Plaintiffs' Exhibit No. 2247.) # 179 Q: (BY MR. KELLY) Do you recognize that?
# 183 Q: And can you tell us what Nicole is doing at that time?
# 184 A: She was taking movies, while I was using the still camera.
# 186 MR. KELLY: Steve, can you focus in a little bit on the camera in her hands.
# 187 (Mr. Foster complies.) # 188 Q: (BY MR. KELLY) And you took that picture yourself?
# 189 A: Yes.
The last picture I ever took.
KEY QUOTE # 190 Q: Okay.
And, Ms. Brown, do you recognize --
# 191 MR. KELLY: You can back it off a little bit now, Steve. Leave it up there. Move it back a little bit.
# 192 Q: (BY MR. KELLY) Do you recognize the dress that Nicole has on in that photograph?
# 194 Q: Okay.
And did you ever see that dress on Nicole again after that day?
# 195 MR. BAKER: Relevancy.
# 197 THE COURT: Overruled.
# 198 A: (Continuing) At the graduation -- at the recital. I'm sorry.
# 199 Q: (BY MR. KELLY) Okay.
And do you know whether or not that's the dress she was wearing when she was murdered that night?
# 201 Q: Okay.
Now -- and I apologize for having to ask you these questions, Ms. Brown -- did you ever get that dress back?
# 202 A: No, we have not.
# 203 MR. BAKER: Objection. Relevancy.
# 204 Q: (BY MR. KELLY) Do you know where that dress is, as of today?
# 205 A: Yes. It's still with -- I guess with the D.A.'s office. They kept it. I don't know how you call it -- it's still bloody, wrapped up.
# 206 MR. KELLY: Steve, can I see a picture --
# 208 MR. BAKER: I object to the relevancy of this.
# 209 THE COURT: Sustained.
# 210 MR. BAKER: Take it down, Steve.
# 211 MR. KELLY: Do you want to take it down?
# 212 (1994 briefly displayed.) # 213 MR. KELLY: Judge, can we approach briefly?
# 215 Q: (BY MR. KELLY) Did you ever go shopping with Nicole, Ms. Brown?
# 217 Q: You familiar with the stores she used to shop in?
# 218 MR. BAKER: Your Honor --
# 220 MR. BAKER: -- object to the relevancy.
# 221 MR. KELLY: This goes right to the cause of action.
If we could briefly --
# 222 THE COURT: You may.
# 223 (The following proceedings were held at the bench, with the reporter.) # 224 MR. KELLY: Your Honor, on behalf of the estate, survival goes -- one of the things we have to do, in addition to demonstrate some period of time of survival after the initial intentional act, is some sort of economical damages. And in our case, it's the dress.
If Mr. Baker wants to stipulate and place a value someplace on it, that's okay. Otherwise, I have to step --
# 225 MR. PETROCELLI: I have the same issue as to Ron's clothing.
# 226 THE COURT: If it's for a relevant purpose, fine. If it's for some other purpose --
# 227 MR. KELLY: No, it's not.
# 228 THE COURT: -- I'm prepared to sustain an objection.
# 229 MR. BAKER: We already had these pictures as if she -- the party plaintiff, instead of the estate, the picture with her and Nicole is irrelevant. I mean, I --
# 230 MR. KELLY: Do you want to stipulate 250 bucks?
# 231 MR. BAKER: 100 bucks. 250 bucks. I'll do that.
# 232 MR. PETROCELLI: I'd like a stipulation as to Ron's articles of clothing, $100 property damage for Ron's clothing, so I don't have to get into it with my client.
# 233 MR. BAKER: That's fine.
# 234 MR. KELLY: 250 on Nicole's clothing.
# 235 MR. BAKER: That dress is 250. It's $50 a yard. Done.
# 236 (The following proceedings were held in open court, in the presence of the jury.) # 237 Q: (BY MR. KELLY) Ms. Brown, going to June 12 of 1994, did you see Nicole on that day?
# 239 Q: Okay. Where did you first see her?
# 240 Q: We went to her home first, in the afternoon.
# 242 A: My husband, and Denise and Dominique, and just Erin and Sean.
# 243 Q: And were you going somewhere else after you'd gone to the condominium that day?
# 245 Q: Where did you intend to go?
# 246 A: We went to the recital, to see the recital.
# 247 Q: And do you know what, if any, plans you had for after the recital, also?
# 248 A: Yes. We were going out to eat at Mezzaluna.
# 249 Q: And do you know who was to attend that dinner at Mezzaluna after the recital?
# 250 A: All of us except O.J.
# 251 Q: You mean Mr. Simpson?
# 253 Q: And did you -- do you know whether or not Mr. Simpson was attending the recital?
# 255 Q: Okay.
And it was clear to you before you went there, that Mr. Simpson was not to come out to dinner with you afterwards?
# 257 Q: Okay.
Now, you then went to the recital?
# 259 Q: And where was the recital, by the way?
# 260 A: I can't -- it wasn't far from Nicole's house. I've been there so many times, and I don't know --
# 262 A: I don't know the address.
# 263 Q: It was for Sydney?
# 265 Q: Now, when you got there, did there come a time you saw Mr. Simpson arrive there, also?
# 267 Q: Okay.
This recital was held in a gymnasium?
# 268 A: Yes, in the school.
# 269 Q: There's a school stage up there?
# 271 Q: A lot of people there when you first arrived?
# 273 Q: Okay. Now, did you see Mr. Simpson, yourself, when he first arrived there that day?
# 275 Q: And can you describe Mr. Simpson's demeanor as it appeared to you when you saw him that day the first time.
# 276 A: Do you want to know when he first came to me?
# 278 A: We were sitting in a room, my husband and I, and Mr. Fischman and his son and Mr. Simpson came down, and he put his hands on his hips, and he looked at me, and didn't say a word. And he looked through me.
And I started to feel very uncomfortable, and I said, "Well, what's happening?" I said something to this effect. And then I guess he sat down.
# 279 Q: When you described his eyes as black, had you ever seen that look in Mr. Simpson?
# 281 Q: Okay.
And did you have occasion to see Mr. Simpson on other occasions, during the course of the recital?
# 283 Q: And do you recall how long the recital lasted for?
# 284 A: About two hours, I think it was.
# 285 Q: And how would you describe Mr. Simpson's basic demeanor the entire time inside at the recital, during those two hours?
# 287 Q: Did you talk to him anymore inside the recital?
# 289 Q: You see him smile at all?
# 291 Q: See him laughing at all?
# 293 Q: See him talking to Nicole at all?
# 295 Q: Now, what did you do when the recital ended that day, Ms. Brown?
# 296 A: We waited until the end, and then we went outside, my husband and I.
# 297 Q: Why did you wait till the end?
# 298 A: Well, first, Sydney was on next to last. And second, we knew that Mr. Simpson wasn't coming with us, and we did not want to get into any argument -- not argument, but in any conversation, so we waited.
# 299 Q: And then you left?
# 300 A: And when we left, he came -- he was standing outside.
# 301 Q: Who's "he"? I'm sorry.
# 302 A: Mr. Simpson was standing outside. And he said, "All I wanted to give Sydney was some flowers," and looked the other direction.
So I ignored it and I said, wasn't she beautiful; wasn't the dance great; and how well she did. And I started walking.
# 303 Q: Did you have any other conversation with Mr. Simpson at that time?
# 305 Q: Was there any discussion?
# 306 A: Only after we reached the cars. Nicole drove around and met us at the curb, and I said to him, I said, "You're not going to have dinner with us, right?"
And he said no, no.
# 307 Q: Now, I think you indicated that was going to be the first time Mr. Simpson was not invited to join you and the family after a family --
# 309 Q: -- gathering; is that right?
# 311 Q: Okay.
And how were you feeling at that point when you walked out to the curb with Mr. Simpson?
# 312 MR. BAKER: Objection. Relevancy, Your Honor.
# 313 THE COURT: Sustained.
# 314 Q: MR. KELLY: What was Mr. Simpson's demeanor as you were walking out of the gymnasium, first of all?
# 315 A: He seemed nervous and angry.
# 317 A: He seemed upset.
# 318 Q: Then you talked to him when you got outside?
# 319 A: I said -- well, only that, "You're not coming with us, right?"
And he said no.
So I went in the car.
# 320 MR. KELLY: Steve could I see 825, please.
# 321 (Exhibit 825 is displayed on the Elmo Screen.) # 322 MR. KELLY: I'm going to show you this -- a portion of this video. I think you've seen it before, Ms. Brown.
# 323 (Videotape played.) # 324 MR. KELLY: You can stop it, Steve.
# 325 Q: (BY MR. KELLY) Now, you saw Mr. Simpson smiling and and laughing outside the recital --
# 327 Q: -- is that correct?
Prior to that time, the two hours you'd seen him inside, had you seen him smile at all?
# 329 MR. BAKER: Objection. Foundation that she was in a place where she could see him for two hours.
# 330 THE COURT: Lay a foundation.
# 331 Q: (BY MR. KELLY) Were you able to see Mr. Simpson when you were inside at the recital?
# 332 A: Yes. I looked back one time, and he had Justin on his lap, and his eyes were going back and forth, and he seemed very angry.
# 333 Q: And did you see him on any other occasions during the recital?
# 334 A: Yes. I looked back at -- another time, at intermission, and he was standing beside -- under the main door, and Nicole was sitting here, and he kept looking like this (indicating) and went back so she wouldn't see him, I guess. I don't know.
# 335 Q: Did you see him smile or laugh or anything --
# 337 Q: -- when you observed him?
# 339 MR. KELLY: 826, Steve.
# 340 (Exhibit 826 displayed) # 341 Q: (BY MR. KELLY) Have you ever seen that photograph before, Ms. Brown?
# 342 A: I've seen the photograph.
# 343 Q: You see Mr. Simpson smiling in that photograph?
# 345 Q: Okay.
Did you see --
# 346 A: There's a camera.
# 347 Q: Was this reflective of his general demeanor that day, inside at the recital?
# 350 MR. KELLY: You can take that down, Steve.
# 351 (Mr. Foster complies.) # 352 Q: (BY MR. KELLY) Now, where did you go after the recital, Mrs. Brown?
# 353 A: After the recital, we went to Mezzaluna, to the restaurant.
# 355 A: Denise, Dominique, my husband Lou, Sean, Erin and a little girl named Rachel, and Sydney and Justin, and Nicole and I.
# 356 Q: Okay. And you had dinner there that night?
# 357 A: We had dinner there.
# 358 Q: Did you have a good time?
# 360 Q: And what kind of mood was Nicole in that night?
# 361 A: She was in a great mood.
# 366 A: I was a little nervous, still, from the evening.
# 367 Q: What were you nervous about?
# 368 MR. BAKER: Objection. Relevancy, Your Honor.
# 369 THE COURT: Sustained.
# 370 Q: (BY MR. KELLY) Did there come a time that you finished dinner, were leaving Mezzaluna?
# 372 Q: And you were heading home, down to Orange County, at this time?
# 374 Q: And who was going with you at that time?
# 375 A: Denise, Sean, and my husband, Lou, Dominique, and Erin.
# 376 Q: And you left the restaurant?
# 378 Q: Was Nicole with you when you walked out of the restaurant?
# 380 Q: And what observations did you make, if any, when you were leaving there, and going out to the car?
# 381 A: She ran -- went to have an ice cream. She crossed the street, and she -- she went to have some ice cream with Justin, Sydney, and the little girl named Rachel.
And as my family was walking towards the jeep, I stopped for some reason, and I looked back at her again, and I saw her walking. And I was thinking, "What a gorgeous girl. What great legs." Those were my thoughts.
# 382 Q: This is Nicole you're speaking of?
# 386 Q: And was this the last time you saw Nicole?
# 387 A: That's the last time I saw her alive.
# 388 Q: Now, did you get in the car, then, and head down towards your house?
# 389 A: Yes. I -- we looked for my glasses, still, I know, because I didn't have the glasses in the restaurant. So we looked in the jeep and we didn't see them. And it was 8:30 by that time and the children had to go to bed, so we said, well, let's go; I'll call.
# 390 Q: And did you get in the car and head down to Orange County?
# 391 A: We drove home.
And on the way home, a terrible depression came over me, something I have never experienced. My whole body got really heavy. And I haven't had it before and I haven't had it afterwards. It was -- it was a whole feeling.
And as we arrived at home, I shook myself, and I thought, "God, I have to buy a pair of new glasses again." And I went on the phone and I called Mezzaluna.
KEY QUOTE # 392 MR. KELLY: If I could see 25, Steve.
You have it.