Cross-examination of Allan Park (part 2)

📄 Cross-examination of Allan Park (part 2) — Wednesday, November 20, 1996

Address:

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

TRIAL

▲ Day 19 of 57

◀ Sidebar: transcript exhibits Cross-examination of Allan Park (part 1) ▶

Witness: Allan Park
Examiner: Robert Baker
Called by: Plaintiff • Date: Wednesday, November 20, 1996 • Utterances: 44

Robert Baker conducts a brief, focused cross-examination of limousine driver Alan Park, targeting three points: the precise placement of an X on a diagram showing where Park first saw someone near the Rockingham estate, that Park's new detail about Simpson 'rounding the corner' to enter the driveway had never appeared in any prior testimony, and that Park heard no Ford Bronco sounds and acknowledged the figure he saw could have been wearing a bathrobe.

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

# 2 MR. BAKER:

Can we put that back up.

MR. P. BAKER: The transcript?

# 3 MR. BAKER:

No, no, the diagram.

# 4 Q:

(BY MR. BAKER) Now, Mr. Park, when you were directing where the blue X is, you requested that person who is actually putting the mark on it to come straight out from that kind of faint circle.

# 5 MR. BAKER:

Can you zoom in there and move it over in the center.

# 6 (Referring to Exhibit 1456.)

# 7 Q:

(BY MR. BAKER) You directed them to come straight out from this circular area, did you not?

# 8 A:

That's correct.

# 9 Q:

You didn't request them to come down and go down by the potted plants or up by the potted plants; you said to come straight out, and that's why the X is put there. And then you approved the placing of the X in that area, correct?

# 10 A:

That's correct. I said around there.

# 11 Q:

Let me see if that's --

# 12 (Pause in proceedings.)

# 13 Q:

(BY MR. BAKER) Okay.

You went over your deposition when -- your trial testimony, rather, when you were placing that mark, you went over your trial testimony with Mr. Petrocelli, did you not?

# 14 A:

Not that I remember, no.

# 15 Q:

You said at 2571, line 21 -- can you show us on this diagram where you first saw that person. "A. Hum, just if you go where the

circle is, go straight back. "No, the other way a little

bit further. It was about there, around

that area."

That's what you testified to, right?

# 16 A:

That's correct.

# 17 Q:

And you didn't think that they should go up and down from the driveway, did you not?

# 18 A:

No.

# 19 Q:

And you didn't testify in any other proceeding other than today, that Mr. Simpson had to kind of round the corner to get into his driveway, did you?

# 20 A:

No.

# 21 Q:

In other words, all the other times you ever testified, the only time you testified that he had to kind of round the corner was today, true?

KEY QUOTE

# 22 A:

That's correct.

# 23 Q:

And yet, you've been asked about this incident under penalty of perjury, now, at least four times, true?

# 24 A:

Yes, in different ways.

# 25 Q:

Now, on the -- on the way to the airport, Mr. Simpson never indicated to you he was hot, after he turned the air conditioner, did he?

# 26 A:

No.

# 27 Q:

And just one other area. And that is, you had certainly heard engines that sounded like Ford Broncos and were even familiar with Ford Broncos before --

# 28 THE REPORTER:

Excuse me, "before . . ."

# 29 Q:

(BY MR. BAKER) June 14, 1994. It should be 12. I apologize.

You were familiar with the sounds, even of Ford Broncos and the engines, before June 12 of '94, right?

# 30 A:

I've heard the sounds.

# 31 Q:

And you didn't hear any sound that was remotely similar to a Ford Bronco the evening of June 12, 1994?

# 32 A:

I heard no sounds.

# 33 Q:

And just one other.

You did believe that the person that you saw for the first second when you first saw the "cross" going into the house could have been wearing a bathrobe and so testified, did you not, sir?

# 34 A:

Could have been wearing anything, yes.

KEY QUOTE

# 35 Q:

Let me read from your trial testimony, 2657 at line 18 through 23.

# 36 MR. PETROCELLI:

One more time. Sorry.

# 37 MR. BAKER:

Sure. 20657, and commencing at line 18, through 23.

# 38 MR. PETROCELLI:

Thank you.

# 39 MR. BAKER:

Tell me when you've got it.

# 40 MR. PETROCELLI:

Got it.

# 41 MR. BAKER:

Thank you.

(Reading:) "Q. Now, with regard to this

person you indicated you saw somewhere out

there in the driveway area, you've described

it with some particularity, so I won't go

over that in detail. Could that person have --

could that person have had a robe on? "A. Could have."

# 42 Q:

(BY MR. BAKER) That's what you testified to on March 2, 1995, correct?

# 43 A:

Yes.

# 44 MR. BAKER:

Thank you.

I have nothing further at this time, Your Honor.

REDIRECT EXAMINATION BY MR. PETROCELLI:

Temperature

procedural

Key Quotes (3)

Robert Baker

In other words, all the other times you ever testified, the only time you testified that he had to kind of round the corner was today, true?

Catches Park introducing a new detail under oath that contradicts four prior sworn testimonies, undermining his reliability as a timeline witness.

Alan Park

I heard no sounds.

Directly refutes any suggestion that a Ford Bronco was present or audible at Rockingham during the critical window, supporting the defense timeline.

Alan Park

Could have been wearing anything, yes.

Weakens Park's identification of the figure he saw, opening the door to alternate interpretations of who — or what — he observed.

Evidence (3)

Exhibit 1456

Diagram of the Rockingham property with a blue X marking where Park first saw a figure near the driveway

discussed; Baker challenges the placement and Park's direction to mark it straight out from the circular area

Informal

Park's criminal trial testimony at page 2571, line 21, describing where he saw the figure

read into record to confirm Park directed the mark straight back from the circle

Informal

Park's criminal trial testimony at page 20657, lines 18–23, on whether the figure could have worn a robe

read into record; Park confirms 'Could have'

Notable Exchanges (2)

Robert Baker•Alan Park

Baker establishes that in four prior sworn proceedings Park never said Simpson had to 'round the corner' to enter the driveway — that detail appeared for the first time in today's testimony.

strategic

Robert Baker•Alan Park

Baker confirms Park heard no sounds resembling a Ford Bronco on the night of June 12, 1994.

strategic

Credibility Attacks (1)

⚔ Alan Park

prior inconsistent statement

Baker shows Park testified under oath at least four times about this incident but only introduced the 'rounding the corner' detail for the first time in today's civil trial testimony.

Witness Demeanor

(Pause in proceedings.)

Objections

None recorded

Proceeding 8356 • 44 utterances • Plaintiff witness

Civil Trial

Department 103