Cross-examination of Allan Park (part 1)

📄 Cross-examination of Allan Park (part 1) — Wednesday, November 20, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\20\CROSS-EXAMINATION-OF-ALLAN-PAR.DOC

TRIAL

▲ Day 19 of 57

◀ Cross-examination of Allan Park (part 2) Sidebar: exhibit admission ▶

Witness: Allan Park
Examiner: Robert Baker
Called by: Plaintiff • Date: Wednesday, November 20, 1996 • Utterances: 62

Petrocelli redirects Alan Park to establish that Simpson's current defense team (Baker/Leonard) never contacted him, while Simpson's original lawyers (Robert Shapiro and Skip Taft) secretly taped a phone interview with Park just two days after the murders. Petrocelli moves to introduce the transcript of that recorded interview as a prior consistent statement, over Baker's objections.

# 1 Q:

Did you at any time in the course of this civil proceeding, ever get a call from Mr. Baker to come talk to him about the facts of this case?

# 2 A:

No, I didn't.

# 3 Q:

At any time did you ever get a call from Mr. Leonard to talk about the facts of this case?

# 4 A:

No, I didn't.

# 5 Q:

Have you ever received a call from any member of Mr. Simpson's legal team to discuss the facts of this case?

# 6 A:

No.

# 7 Q:

If you had gotten such a call, would you have talked to them?

# 8 A:

Yes. I have no reason not to.

KEY QUOTE

# 9 Q:

And could you try to keep your voice up?

# 10 A:

Yes.

# 11 Q:

We're getting closer.

# 12 MR. BAKER:

Not down, up.

# 13 MR. PETROCELLI:

Thank you.

# 14 Q:

(BY MR. PETROCELLI) Now, you've talked to lots of lawyers, in court and out of court, since June 12, 1994, haven't you?

# 15 A:

Yes, I have.

# 16 Q:

And the first lawyer that ever got in touch with you is a man named Robert Shapiro, right?

# 17 A:

That's correct.

# 18 Q:

And he was with a man named Skip Taft, right?

# 19 A:

Yes.

# 20 Q:

And they represented O.J. Simpson, right?

# 21 A:

As far as I knew, yes.

# 22 Q:

And they called you on the telephone, right?

# 23 A:

That's correct.

# 24 Q:

And they interviewed you about this case, right?

# 25 A:

Yes.

# 26 Q:

And that occurred on what date, sir?

# 27 A:

June 14.

# 28 Q:

So, two days later?

# 29 A:

Yes.

# 30 Q:

Okay.

Now, that was a telephone call, right?

# 31 A:

That's correct.

# 32 Q:

Did you know -- did they tell you that they were taping that telephone call?

# 33 A:

No, they didn't.

# 34 Q:

And did you later find out that they, in fact, without your knowledge or permission, taped that call?

# 35 MR. BAKER:

Objection. This is irrelevant, Your Honor.

# 36 MR. PETROCELLI:

It is not.

# 37 MR. BAKER:

Well, those are not his present lawyers.

# 38 THE COURT:

Subject to motion to strike, if I find it irrelevant, you may move to strike.

# 39 ALLAN PARK:

Repeat it.

# 40 Q:

(BY MR. PETROCELLI) Did you find out later on that they had taped that interview with you, without your permission or your knowledge?

# 41 A:

Yes, I did.

# 42 Q:

And did you later find out that there was a transcript of that interview?

# 43 A:

Yes, I did.

# 44 MR. PETROCELLI:

I'd like to refer to some portions of that transcript.

# 45 MR. BAKER:

I don't think --

# 46 MR. PETROCELLI:

Next in order?

# 47 THE CLERK:

2205.

# 48 (The instrument herein referred to as "Shapiro/Taft" interview of Alan Park was marked for identification as Plaintiffs' Exhibit No. 2205.)

# 49 MR. BAKER:

Wait a minute. Wait a minute.

# 50 MR. PETROCELLI:

I'm going to now direct some questions with regard to the questions you were asked and answers that you gave on June 14 --

# 51 MR. BAKER:

Wait a minute. I'm objecting to putting up there.

# 52 MR. PETROCELLI:

On what ground?

# 53 MR. BAKER:

But there is no evidence and there's no foundation.

# 54 THE COURT:

Hold on a second.

# 55 MR. PETROCELLI:

It's prior consistent statements, Your Honor.

# 56 THE COURT:

Just a minute.

# 57 MR. BAKER:

May I see that?

# 58 MR. PETROCELLI:

Oh, you have this, Mr. Baker.

Don't look at all my notes.

# 59 (Mr. Petrocelli hands document to Mr. Baker.)

# 60 THE COURT:

Okay. Overruled.

# 61 MR. BAKER:

Your Honor, I'd like to approach because I want to see what he's going to put in.

# 62 THE COURT:

Okay. You may.

Temperature

tense

Key Quotes (3)

Alan Park

No, they didn't.

Park confirms he was not told the June 14 call with Shapiro and Taft was being recorded — establishing a secret taping by Simpson's own legal team.

Alan Park

Yes. I have no reason not to.

Park volunteers he would have spoken to Simpson's current defense team if asked, undermining any suggestion he was hostile or unavailable to the defense.

Daniel Petrocelli

Oh, you have this, Mr. Baker. Don't look at all my notes.

Brief moment of courtroom gamesmanship as Petrocelli hands Baker the document.

Evidence (1)

Plaintiffs' 2205

Transcript of the secretly recorded June 14, 1994 telephone interview of Alan Park by Robert Shapiro and Skip Taft

marked for identification, introduction contested by Baker

Notable Exchanges (2)

Daniel Petrocelli•Robert Baker

Baker objects to the Shapiro/Taft transcript as irrelevant and lacking foundation; Petrocelli argues prior consistent statements; Fujisaki overrules and allows Baker to approach to review the document.

strategic

Daniel Petrocelli•Alan Park

Petrocelli establishes that Simpson's original lawyers contacted Park within two days of the murders, conducted an interview, and secretly taped it without his knowledge or consent.

revealing

Light Moments (1)

Daniel Petrocelli

Petrocelli hands Baker the document then quips 'Don't look at all my notes.'

Credibility Attacks (1)

⚔ O.J. Simpson defense (prior counsel)

prior inconsistent conduct / impeachment by prior statement

Petrocelli reveals that Shapiro and Taft secretly recorded Park's interview, implying consciousness of the importance of his account and potential motive to shape or suppress it; the transcript is introduced as a prior consistent statement to rehabilitate Park against cross-examination challenges.

Objections

3 objections (0 sustained, 1 overruled)

Proceeding 8357 • 62 utterances • Plaintiff witness

Civil Trial

Department 103