Direct examination of Michael Stevens

📄 Direct examination of Michael Stevens — Tuesday, November 19, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\19\DIRECT-EXAMINATION-OF-MICHAEL-.DOC

TRIAL

▲ Day 18 of 57

◀ Jury resumption and exhibit motions Cross-examination of Michael Stevens ▶

Witness: Mike Stevens
Examiner: John Kelly
Called by: Plaintiff • Date: Tuesday, November 19, 1996 • Utterances: 84

DA investigator Michael Stevens testified about executing a search warrant on Nicole Brown Simpson's safe deposit box (box #1313) at Union Bank on San Vicente Boulevard on December 6, 1994. He described drilling the box open with a county locksmith, inventorying its contents, and recovering photographs of Nicole Brown Simpson (marked as Exhibits 8 and 9) and a sealed envelope containing Nicole's will addressed to be opened only in the presence of an attorney.

# 1 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?

# 2 MIKE STEVENS:

I do.

# 3 THE CLERK:

Sir, if you would, please state and spell your name for the record.

# 4 MIKE STEVENS:

Michael Stevens, M-I-C-H-A-E-L, S-T-E-V-E-N-S

DIRECT EXAMINATION BY MR. KELLY:

# 5 Q:

Morning, Mr. Stevens.

# 6 A:

Morning.

# 7 Q:

Are you currently employed?

# 8 A:

Yes.

# 9 Q:

By whom?

# 10 A:

Los Angeles County District Attorney's Office.

# 11 Q:

In what capacity are you employed by them?

# 12 A:

Senior investigator.

# 13 Q:

Okay.

Were you employed by them in that same capacity on December 6, 1994?

# 14 A:

Yes, I was.

# 15 Q:

Did you have occasion to go to the Union Bank on San Vicente Boulevard during the course of your duties that day?

# 16 A:

Yes, I did.

# 17 Q:

And what was the purpose of going to that Union Bank at that time, on December 6, 1994?

# 18 A:

To execute a search warrant.

# 19 Q:

And was there some particular object that you were executing the search warrant on?

# 20 A:

Yes.

# 21 Q:

What was that?

# 22 A:

Safe deposit box under the name of Nicole Brown Simpson.

KEY QUOTE

# 23 Q:

Okay.

And did you determine whether there were any other key-holders to that particular safety deposit box?

# 24 A:

Yes, I did.

# 25 Q:

Were there any?

# 26 A:

No, there was not.

# 27 Q:

Okay.

And did you determine that she was the signatory to a particular box number?

# 28 A:

Yes.

# 29 Q:

And do you recall what that box number was?

# 30 A:

1313.

# 31 Q:

Okay.

And can you tell me what exactly you did, Mr. Stevenson, [sic] in terms of executing that search warrant that day at that bank, on the box, under Nicole Brown Simpson?

# 32 A:

Myself and my partner, we notified the bank manager, in essence, presented her with the search warrant, and then had a locksmith come out -- a county locksmith, by the name of Robert Shapiro, and had those -- had the safe deposit box drilled open.

# 33 Q:

Were you present when the safety deposit box was drilled open?

# 34 A:

Yes, I was.

# 35 Q:

And was subsequently the box removed from the slot it was resting in?

# 36 A:

Yes.

# 37 Q:

Were you -- what was done with that box when it was removed from the --

# 38 A:

Myself, my partner, and two representatives of the bank took it to a booth just outside the vault there, and --

# 39 Q:

Were you present, Mr. Stevens when the box was physically opened?

# 40 A:

Yes. I opened it.

# 41 Q:

And did you remove any of the contents from that box?

# 42 A:

Yes, I did.

# 43 Q:

And did you do any sort of bookkeeping or administrative work based on the contents removed from that box?

# 44 A:

Yes, I did.

# 45 Q:

What was that?

# 46 A:

An inventory.

# 47 Q:

Okay.

# 48 MR. KELLY:

If I could just show this -- this will be 2196.

# 49 MR. BAKER:

Let me see that before you put it on the Elmo, please.

# 50 (Mr. Kelly hands document to Mr. Baker.)

# 51 MR. BAKER:

Thank you.

# 52 (Mr. Baker reviews document.)

# 53 (The instrument herein referred to as Inventory re: contents of safety deposit box belonging to Nicole Brown Simpson was marked for identification as Plaintiffs' Exhibit No. 2196.)

# 54 Q:

(BY MR. KELLY) Do you recognize that two-page document in front of you, Mr. Stevens?

# 55 A:

Yes, I do.

# 56 Q:

What is that?

# 57 A:

It's an inventory prepared by plaintiff and myself.

# 58 Q:

That was the contents of the box that day?

# 59 A:

Yes.

# 60 Q:

And included in the contents of that box, there were some photographs, were there not?

# 61 A:

Yes, there were.

# 62 MR. KELLY:

Steve, could I see that photograph number 8, please.

Oh, I'm sorry.

# 63 Q:

(BY MR. KELLY) Do you recognize that photograph, Mr. Stevens?

# 64 A:

Yes, I do.

# 65 Q:

Where do you recognize it from?

# 66 A:

That was taken out of the safety deposit box by myself.

THE COURT REPORTER: Excuse me; does that have a number?

# 67 MR. KELLY:

And number 9.

# 68 (The instrument herein referred to as Photograph of Nicole Brown Simpson recovered from safety deposit box was marked for identification as Plaintiffs' Exhibit No. 8.)

# 69 (The instrument herein referred to as Photo of Nicole Brown Simpson with her arm raise; recovered from safety deposit box was marked for identification as Plaintiffs' Exhibit No. 9.)

# 70 Q:

(BY MR. KELLY) Do you recognize that photograph, Mr. Stevens?

# 71 A:

Yes, I do.

# 72 Q:

I'm sorry; number 9.

# 73 A:

Yes.

# 74 Q:

Do you know where -- do you recognize that photograph from?

# 75 A:

I removed that, also, from out of the safe deposit box.

# 76 Q:

Okay.

# 77 MR. KELLY:

Okay. And we're almost done.

# 78 Q:

(BY MR. KELLY) Now, with regard to the various other items removed from there, also, I believe there was an envelope that indicated "only open in the presence of an attorney;" is that correct?

# 79 A:

Yes.

# 80 Q:

And were you present when that envelope was subsequently opened?

# 81 A:

Yes, I was.

# 82 Q:

Okay. And do you recall what the contents of that sealed envelope was when it was opened?

# 83 A:

That was Nicole Brown Simpson's will.

KEY QUOTE

# 84 MR. KELLY:

I have no further questions, Your Honor.

Temperature

procedural

Key Quotes (3)

Michael Stevens

Safe deposit box under the name of Nicole Brown Simpson.

Establishes what the search warrant targeted and that Nicole was the sole keyholder.

Michael Stevens

That was Nicole Brown Simpson's will.

The sealed envelope — marked 'only open in the presence of an attorney' — contained Nicole's will, suggesting she anticipated danger or legal proceedings.

Michael Stevens

No, there was not.

Confirms Nicole was the sole keyholder to box #1313, establishing exclusive control over its contents.

Evidence (4)

Plaintiffs' 2196

Two-page inventory of contents of Nicole Brown Simpson's safe deposit box

introduced and identified by Stevens

Plaintiffs' 8

Photograph of Nicole Brown Simpson recovered from safe deposit box

introduced and identified

Plaintiffs' 9

Photograph of Nicole Brown Simpson with arm raised, recovered from safe deposit box

introduced and identified

Informal

Sealed envelope marked 'only open in the presence of an attorney,' containing Nicole Brown Simpson's will

referenced and identified as will

Notable Exchanges (1)

John Kelly•Robert Baker

Baker asked to review Exhibit 2196 before it was shown on the Elmo, a routine but notable defense check on incoming evidence.

strategic

Objections

None recorded

Proceeding 8332 • 84 utterances • Plaintiff witness

Civil Trial

Department 103