Cross-examination by John Kelly

📄 Cross-examination by John Kelly — Monday, November 18, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\18\CROSS-EXAMINATION-BY-JOHN-KELL.DOC

TRIAL

▲ Day 17 of 57

Examiner: John Kelly
Called by: Defense • Date: Monday, November 18, 1996 • Utterances: 19

Mr. Kelly conducted a brief but pointed cross-examination of a police officer about his documentation of Nicole Brown Simpson's statements during a domestic violence response. Kelly pressed the officer on why his supplemental report only recorded Nicole saying O.J. 'slapped her and kicked her' when the officer had testified today that she described additional abuse. The officer defended himself by saying the fuller details — slapping, kicking, and hair pulling — were in the primary report, not the supplemental one.

# 1 (Jurors resume their respective seats)

# 2 (The following proceedings were held in open court, in the presence of the jury.)

# 3 Q:

All right. Do you recall putting in the supplemental report that when she came out, you asked her what happened and she said that O.J. had slapped her and kicked her, period. Do you remember that? Do you want to look at the report?

# 4 A:

That's initially what she told me. Then she expanded on that in the car when we handed her the report.

# 5 Q:

When you testified here today, sir, you said that when she first came out she described things beyond slapping and kicking, didn't you, when she first came out, when you first saw her? Do you remember testifying to that?

# 6 A:

Yes, and then just --

# 7 Q:

Do you want to change your testimony now?

KEY QUOTE

# 8 A:

No I don't want to change my testimony, thank you.

KEY QUOTE

# 9 Q:

Which is it?

# 10 A:

They were almost the same time, they were seconds apart, and that's exactly what she said.

KEY QUOTE

# 11 Q:

Is that included in your report here, sir, the supplemental report?

# 12 A:

What's included?

# 13 Q:

That -- anything beyond slapping and kicking, is that in the supplemental report?

# 14 A:

That's in the primary report, the slapping, kicking, hair pulling, in the primary report.

KEY QUOTE

# 15 Q:

Is it in the supplemental report where you were going to give as much detail as possible, sir?

# 16 A:

No, because it was already mentioned in the primary report.

# 17 Q:

Thank you.

# 18 MR. KELLY:

I have no further questions.

# 19 THE COURT:

You're excused.

10 minutes, ladies and gentlemen.

Temperature

tense

Key Quotes (4)

Examiner

Do you want to change your testimony now?

Sharp impeachment moment — Kelly forces the officer to either walk back his trial testimony or explain the discrepancy with his own report.

Witness

No I don't want to change my testimony, thank you.

Defiant response under pressure; the 'thank you' signals irritation and attempts to project confidence.

Witness

They were almost the same time, they were seconds apart, and that's exactly what she said.

The officer's explanation for why the supplemental report seems incomplete — he claims the fuller account came moments later, not in a separate conversation.

Witness

That's in the primary report, the slapping, kicking, hair pulling, in the primary report.

Reveals the supplemental report omitted details that were in the primary report, which is the core of Kelly's challenge.

Evidence (2)

Informal

Supplemental police report documenting Nicole Brown Simpson's statements at the scene

challenged — Kelly uses it to impeach the officer's trial testimony

Informal

Primary police report containing fuller account of Nicole's described abuse (slapping, kicking, hair pulling)

referenced by witness in defense of the supplemental report's omissions

Notable Exchanges (1)

John Kelly•Witness

Kelly confronted the officer with the gap between his supplemental report (only 'slapped and kicked') and his trial testimony (more extensive abuse described at the scene). The officer pushed back but acknowledged the fuller details were only in the primary report.

strategic

Credibility Attacks (1)

⚔ Witness (police officer)

prior inconsistent statement / incomplete documentation

Kelly established that the officer's supplemental report — intended to provide detail — only recorded Nicole saying O.J. 'slapped her and kicked her,' while the officer had testified today that she described more at the scene. The officer's defense that fuller details were in the primary report implicitly concedes the supplemental report was incomplete.

Objections

None recorded

Proceeding 8296 • 19 utterances • Defense witness

Civil Trial

Department 103