Redirect examination of Juditha Brown

📄 Redirect examination of Juditha Brown — Friday, December 6, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\6\REDIRECT-EXAMINATION-OF-JUDITH.DOC

TRIAL

▲ Day 27 of 57

◀ Direct examination of Juditha Brown (part 2) Cross-examination of Juditha Brown (part 1) ▶

Witness: Juditha Brown
Examiner: John Kelly
Called by: Plaintiff • Date: Friday, December 6, 1996 • Utterances: 109

Robert Baker cross-examined Juditha Brown (Nicole's mother) on her prior TV interview statements about Simpson's denial of involvement, her role in the estate lawsuit, and her bias against Simpson. Baker challenged her claim that Simpson was visibly angry at the recital by playing videotape showing her warmly kissing Simpson, and attacked her testimony about Nicole looking nervously at a gate by revealing Simpson was out of town that day.

# 1 THE COURT:

Cross.

# 2

CROSS-EXAMINATION

# 3 MR. BAKER:

Play the tape.

# 4 Q:

(BY MR. BAKER) You granted an interview, did you not, Ms. Brown, about the death of Nicole to various TV stations, et cetera, did you not?

# 5 A:

Yes.

# 6 Q:

And that very question, that -- the last question that Mr. Kelly just asked you, was asked you, was it not?

# 7 A:

I don't understand you.

# 8 Q:

I'm sorry; it's a vague question. Let me rephrase it.

Mr. Kelly just asked you about the wake --

# 9 A:

Right.

# 10 Q:

-- and about your confrontation with Mr. Simpson concerning whether he had anything to do with the death of Nicole. Do you recall that?

# 11 A:

Right.

# 12 Q:

And you told, on your first TV interview after the murders, you said that O.J. answered, "No. I loved your daughter." Isn't that correct?

# 13 A:

I don't remember that.

# 14 Q:

Play it.

# 15 (Videotape of interview with Diana Sawyer and Juditha and Louis Brown was played in open court.)

# 16 Q:

(BY MR. BAKER) So, Mr. Simpson, in fact, answered you, and said he didn't have anything to do with it; isn't that true?

# 17 A:

Well, after what I heard, yeah.

KEY QUOTE

# 18 Q:

The plaintiff in this case is the estate of Nicole Brown Simpson, correct?

# 19 A:

Yes.

# 20 Q:

And would you tell us all what your relationship -- in other words, you're not a party plaintiff to this case; you would agree with that?

# 21 A:

Right.

# 22 Q:

And the plaintiff is the estate of Nicole Brown Simpson, true?

# 23 A:

Right.

# 24 Q:

And what are you to that? Are you the executor of the estate?

How do you fit into that estate of Nicole Brown, estate of Nicole Brown Simpson?

# 25 A:

I --

# 26 MR. KELLY:

Objection. Calls for a legal conclusion from this witness.

# 27 MR. BAKER:

To the best of your knowledge.

# 28 MR. KELLY:

Same objection.

# 29 THE COURT:

I'll sustain the objection, allow you to lead, and you can ask her.

# 30 Q:

(BY MR. BAKER) Okay.

Let me put it this way: The estate of Nicole Brown Simpson has as beneficiary -- the only beneficiaries of that estate which is suing Mr. Simpson in this case is his children, Justin and Sydney; isn't that true?

# 31 A:

True.

# 32 Q:

And you and Mr. Brown have ensured that Mr. Simpson's children are suing him through this case; isn't that right?

# 33 MR. KELLY:

Objection. Argumentative, Your Honor. Relevance, also.

# 34 THE COURT:

Sustained.

# 35 Q:

(BY MR. BAKER) You are suing Mr. Simpson in another venue, in Orange County, over the custody of his children, are you not?

# 36 A:

Yes, we are.

# 37 Q:

And you have seen Mr. Simpson in court in Orange County, in that case, every day for the last two weeks, while you have this case going on up here; isn't that true?

# 38 MR. KELLY:

Objection. Relevance, Your Honor.

# 39 THE COURT:

Overruled.

# 40 A:

Yes, it's true.

# 41 Q:

(BY MR. BAKER) Now, in terms of your -- your representations of -- well, let me ask you this:

Mr. Simpson had talked to you in April or May about his concern over what he termed "erratic behavior" of your daughter, had he not.

# 42 MR. KELLY:

Objection. Scope, Your Honor.

# 43 THE COURT:

Overruled.

# 44 A:

When did he talk to me?

# 45 Q:

(BY MR. BAKER) In April and May of `1994, about what he described to you as "erratic behavior" of your daughter, correct?

# 46 A:

Not at all.

# 47 Q:

You, at one point in April of 1994, indicated to him that you thought Nicole's behavior was erratic; she was telling you things that she had said, you had said on the phone, when, in fact, you had not uttered those ideas at all; isn't that true?

# 48 MR. KELLY:

Objection. Calls for hearsay, Your Honor.

# 49 THE COURT:

Sustained.

# 50 Q:

(BY MR. BAKER) Well, let me just ask you: In your relationship with Nicole, that you talked about, did you have a relationship that sometimes if Nicole got mad at you, she'd just hang up?

# 51 MR. KELLY:

Objection. Beyond the scope, Your Honor.

# 52 THE COURT:

Sustained.

# 53 MR. BAKER:

They talked about their relationship, Your Honor.

# 54 THE COURT:

Not about a phone call.

# 55 Q:

(BY MR. BAKER) Okay.

Let's go to the recital. June 12, when you say Mr. Simpson was angry, right?

# 56 A:

Yes.

# 57 Q:

Play that again.

I'm going to ask you if you are the person that first kisses Mr. Simpson.

THE COURT REPORTER: Excuse me. What is the number, please?

# 58 MR. BAKER:

825, I think.

# 59 (Exhibit 825, videotape, displayed.)

# 60 Q:

(BY MR. BAKER) Ma'am, may I direct your attention to the monitor?

# 61 A:

Sure.

# 62 (Witness views videotape.)

# 63 Q:

That's you there, kissing O.J.?

# 64 A:

Yes.

# 65 Q:

And is it your testimony --

I'll let you watch this.

It's your testimony that Mr. Simpson was angry?

# 66 A:

Mr. Simpson was angry, yes.

# 67 Q:

And is it your -- that was taken at the beginning of the recital?

# 68 A:

That was at the end.

# 69 Q:

And -- at the end. So he'd been angry throughout the recital, right?

# 70 A:

He was very angry.

# 71 Q:

And you saw that, obviously, throughout the time period that he was at the recital, correct?

# 72 A:

I didn't see it all the time, but I looked back, and I heard it from my daughters, also.

# 73 Q:

I asked you what you observed.

# 74 A:

He was angry.

# 75 Q:

You sat virtually directly in front of him, didn't you?

# 76 A:

Right.

# 77 Q:

Two rows?

# 78 A:

Right.

# 79 Q:

And to observe whether Mr. Simpson was angry or not angry, you would have to turn 180 degrees in your seat to see it, correct?

# 80 A:

Every time I looked, he was angry.

# 81 Q:

How many times did you look?

# 82 A:

Several times.

# 83 Q:

Two hours, couple times?

# 84 A:

I don't know.

# 85 Q:

And it's true, you dislike O.J. Simpson, don't you?

# 86 A:

Dislike --

# 87 MR. KELLY:

Objection. Relevance.

# 88 MR. BAKER:

Goes to her bias, Your Honor.

# 89 THE COURT:

Overruled.

# 90 A:

Dislike now, yes.

# 91 Q:

(BY MR. BAKER) And you certainly didn't appear nervous when you were kissing him good-bye over -- my client being angry, did you?

# 92 A:

You can kiss angry people.

KEY QUOTE

# 93 Q:

Okay.

Now, just one other area. And that is on the 8th -- you say on the 8th -- did you learn that Mr. Simpson was out of town on the 8th, the day of -- of Justin's graduation from -- what was it, preschool?

# 94 MR. KELLY:

Objection.

# 95 A:

Preschool --

# 96 MR. KELLY:

Calls for hearsay.

# 97 THE COURT:

Overruled.

# 98 A:

(Continuing.) I didn't know at the time.

# 99 Q:

(BY MR. BAKER) Well, you intimated to this jury, that your daughter was nervous and looking at a gate, correct?

# 100 A:

Very.

# 101 Q:

And you meant to imply that she was nervous, and looking at a gate because she was concerned that Mr. Simpson might come in; that's what you meant to imply to this jury, isn't it?

# 102 A:

I would assume, yeah.

# 103 Q:

And, in fact, your daughter, from what your information was, was well aware that Mr. Simpson couldn't be there, and was on the other coast of the United States of America; isn't that true?

# 104 A:

Maybe she was hoping that he'd be at his son's graduation and really surprise her.

KEY QUOTE

# 105 Q:

Well, maybe I'm -- I'm misunderstanding you.

Were you attempting to imply by the testimony you just gave this jury, Ms. Brown, that she was nervous because she didn't want him to be there, and now she wanted him to be there?

# 106 A:

Well, I don't know --

# 107 Q:

Thank you.

# 108 A:

-- I don't know why she was nervous.

# 109 MR. BAKER:

Nothing further.

REDIRECT EXAMINATION BY MR. KELLY:

Temperature

tense

Key Quotes (4)

Juditha Brown

Dislike now, yes.

Admission of bias against Simpson, elicited to undermine her credibility as a witness.

Juditha Brown

You can kiss angry people.

Defiant, memorable response when confronted with videotape showing her kissing Simpson despite claiming he was angry throughout the recital.

Juditha Brown

Maybe she was hoping that he'd be at his son's graduation and really surprise her.

Spontaneous speculation that undermined Baker's point but also contradicted her prior implication that Nicole feared Simpson's presence.

Juditha Brown

Well, after what I heard, yeah.

Reluctant acknowledgment that Simpson denied involvement in Nicole's death in the TV interview, contradicting or softening her direct examination testimony.

Evidence (2)

Informal

TV interview with Diane Sawyer featuring Juditha and Louis Brown, post-murder

played in court to impeach Brown's testimony about Simpson's denial

825

Videotape of recital on June 12

played to contradict Brown's claim Simpson was visibly angry — showed her kissing him

Notable Exchanges (3)

Robert Baker•Juditha Brown

Baker plays videotape of Brown kissing Simpson at the recital end, then asks if she still maintains he was angry throughout. Brown says 'You can kiss angry people.'

confrontational, with witness holding her ground

Robert Baker•Juditha Brown

Baker reveals Simpson was out of town on Justin's preschool graduation day, challenging Brown's implication that Nicole was nervously watching the gate for fear of Simpson.

strategic, deflating prior testimony

Robert Baker•Juditha Brown

Baker establishes that the estate's only beneficiaries are Simpson's own children (Sydney and Justin), and that the Browns are simultaneously suing Simpson in Orange County for custody.

strategic, establishing bias and adversarial interest

Light Moments (1)

Juditha Brown

'You can kiss angry people.'

Credibility Attacks (4)

⚔ Juditha Brown

prior inconsistent statement via video

Baker played TV interview where Simpson said 'I loved your daughter' — Brown had not volunteered this, implying she downplayed Simpson's denial on direct.

⚔ Juditha Brown

bias / adverse interest

Baker established Brown is simultaneously suing Simpson in Orange County custody proceedings, and that she dislikes him — framing all her testimony as motivated by personal animosity.

⚔ Juditha Brown

contradiction by videotape

Exhibit 825 showed Brown kissing Simpson at the recital, undermining her testimony that he was visibly, intensely angry throughout the event.

⚔ Juditha Brown

impeachment by omission / false implication

Baker revealed Simpson was on the East Coast during Justin's preschool graduation, exposing that Brown's implication — Nicole nervously watching a gate for fear of Simpson — was misleading to the jury.

Witness Demeanor

Witness holds her ground under pressure, giving short, firm answers

Occasionally evasive ('I don't know why she was nervous') but not visibly distressed

Admits dislike of Simpson plainly and without apology

Objections

11 objections (5 sustained, 4 overruled)

Proceeding 8530 • 109 utterances • Plaintiff witness

Civil Trial

Department 103