Direct examination of Robert Heidstra

📄 Direct examination of Robert Heidstra — Friday, October 25, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\25\DIRECT-EXAMINATION-OF-ROBERT-H.DOC

TRIAL

▲ Day 3 of 57

◀ Cross-examination of Stewart Tanner Recess ▶

Witness: Robert Heidstra
Examiner: Robert Baker
Called by: Defense • Date: Friday, October 25, 1996 • Utterances: 397

Robert Heidstra, a neighbor who walked his dogs nightly near Nicole Brown Simpson's Bundy condo, testified that around 10:30-10:35 PM on June 12, 1994, he heard Nicole's Akita barking frantically, followed by two male voices — a younger voice saying 'hey, hey, hey' and an older, deeper voice speaking rapidly — and then a gate slam. Minutes later, around 10:40-10:45 PM, he watched a white jeep-like vehicle with tinted windows speed away south on Bundy from the direction of Nicole's condo. His testimony establishes a critical timeline window for the murders and places a white SUV fleeing the scene.

# 1 MR. PETROCELLI:

Our next witness, Your Honor, who is Robert Heidstra, the plaintiffs and defense have stipulated to admission of Exhibit 28, which is a photo of Nicole's dog, Kato and Exhibit 191, which is a photo of the Bronco parked at 360 North Rockingham. And we would call Robert Heidstra. ROBERT HEIDSTRA, called as a witness on behalf of the plaintiffs Goldman, was duly sworn and testified as follows:

# 2 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?

# 3 ROBERT HEIDSTRA:

I do.

# 4 THE BAILIFF:

Please be seated.

# 5 THE CLERK:

And, sir, would you please state and spell your name for the record.

# 6 ROBERT HEIDSTRA:

Spell my name?

# 7 THE CLERK:

Yes.

# 8 ROBERT HEIDSTRA:

Robert, R-O-B-E-R-T, last name Heidstra, H-E-I-D-S-T-R-A.

# 9 THE CLERK:

Thank you. DIRECT EXAMINATION BY MR. PETROCELLI:

# 10 Q:

Morning, Mr. Heidstra.

# 11 A:

Morning.

# 12 Q:

On June 12, 1994, where did you live?

# 13 A:

On Dorothy Street, 11926 Dorothy Street.

# 14 Q:

Mr. Heidstra, we have a map here of the Bundy area that's been marked as Exhibit 18. And I wondered if you could point out for the jury where you lived.

# 15 A:

Dorothy Street -- is Gorham -- Dorothy.

# 16 Q:

Dorothy?

# 17 A:

Dorothy.

# 18 Q:

Right around here?

# 19 A:

Yeah.

# 20 Q:

Okay.

# 21 MR. PETROCELLI:

Let the record reflect on Dorothy, between Bundy and --

# 22 Q:

(BY MR. PETRROCELLI) What is this street here?

# 23 A:

Westgate.

# 24 Q:

Westgate. This street that is not listed on the map is Westgate. This is Bundy. Dorothy is between them. And you live on Dorothy?

# 25 A:

Here's Dorothy here.

# 26 Q:

Up closer to Westgate?

# 27 A:

Yeah, two --

# 28 Q:

Two houses from Westgate?

# 29 A:

Two buildings.

# 30 Q:

You live in an apartment?

# 31 A:

Yes.

# 32 Q:

How long have you been living there?

# 33 A:

About 20, 22 years.

# 34 Q:

And you still live there now?

# 35 A:

I do.

# 36 Q:

And you live alone?

# 37 A:

Yes.

# 38 Q:

At that time, you lived alone?

# 39 A:

Yes.

# 40 Q:

And do you have any pets?

# 41 A:

Two dogs.

# 42 Q:

And how long have you had those dogs?

# 43 A:

About 14 years.

# 44 Q:

Did you used to walk those dogs every day?

# 45 A:

Every day, three times.

# 46 Q:

Three times a day?

# 47 A:

Yes.

# 48 Q:

And was one of your routines to walk the dogs around the block where Gorham and Bundy are?

# 49 A:

Yes.

# 50 Q:

Can you just describe for the jury what that walk is that you usually took?

# 51 A:

Yeah. I started here.

# 52 Q:

On Dorothy?

# 53 A:

Yeah. I went to Westgate.

# 54 Q:

Right.

# 55 A:

And then over from Westgate to Gorham, and all the way down Gorham to --

# 56 Q:

Bundy?

# 57 A:

-- Bundy, and went to Bundy regularly, and I came back on Dorothy Street.

# 58 Q:

Then you would go back up Dorothy to your home; is that right?

# 59 A:

Yeah.

# 60 Q:

Okay. Now -- and you've been taking that route of June 12, 1994 for how many years?

# 61 A:

Oh, about ten years, I guess.

# 62 Q:

In the course of taking that route a couple of times a day over ten years, did you come to know any of the other neighbors and dogs along the way?

# 63 A:

Yes, some people I knew. We knew each other.

# 64 Q:

And before June 12, 1994, had you ever walked by with your dogs, 875 South Bundy?

# 65 A:

Yes, past that building.

# 66 Q:

Okay. Do you now know that building to be the building where Nicole Brown Simpson lived?

# 67 A:

Yes.

# 68 Q:

Had you ever seen a dog on her property behind the gate?

# 69 A:

Yes, behind the gate, a big Akita.

# 70 Q:

A big Akita?

# 71 A:

Yeah.

# 72 Q:

And would you walk your dogs past the gate area?

# 73 A:

Mostly on the opposite side of the street.

# 74 Q:

Opposite side of the street?

# 75 A:

Yeah. Most of the time, yeah.

# 76 Q:

When you would walk your dogs past her condominium on the opposite side of the street, you could see her Akita?

# 77 A:

Yeah, behind a gate.

# 78 Q:

Did you ever hear it barking?

# 79 A:

Yes.

# 80 Q:

Were you familiar with the barking of that Akita?

# 81 A:

Yes.

# 82 Q:

Is it a small dog or big dog?

# 83 A:

Big dog.

# 84 Q:

Now, let me show you a photograph.

# 85 MR. PETROCELLI:

Steve, can you put up -- I guess it's Exhibit 28. Take this down for a minute.

# 86 Q:

(BY MR. PETROCELLI) On the TV screen, we have a picture; it's been marked as Exhibit 2. Do you recognize what is in that picture?

# 87 A:

That's the dog, the Akita that was behind the gate.

# 88 Q:

You have to talk in the microphone.

# 89 A:

Yeah. That was the Akita that was behind the gate, looks like.

# 90 Q:

That's Nicole's Akita?

# 91 A:

Yes.

# 92 Q:

Okay. By the way, is the Akita bigger than the two dogs you're walking?

# 93 A:

Oh, yes. Yes.

# 94 Q:

At some point in evening on June 12, did you take your dogs out for a walk?

# 95 A:

Yes.

# 96 Q:

Okay. You got home from work around what time?

# 97 A:

6 o'clock.

# 98 Q:

Do you do a walk at 6 o'clock?

# 99 A:

Immediately when I come home, I go walk the dogs.

# 100 Q:

And then you have dinner?

# 101 A:

Yeah.

# 102 Q:

And then before you go to bed at night, do you walk the dogs again?

# 103 A:

Yes; 10 o'clock.

# 104 Q:

And on the night of June 12, 1994, you walked your dogs around that time?

# 105 A:

No. I know it was later.

# 106 Q:

What time was it when you left your house to walk the dogs?

# 107 A:

15 after 10:00.

# 108 Q:

Okay. Any particular reason why you left a little later that night?

# 109 A:

Yeah. I was reading my paper and looking at TV, and I forgot about the time. And one of my dogs gave me a signal, and I looked at my watch, and it was 10:15. And I said, hey, we better go now. So I know exactly it was 10:15.

# 110 Q:

So you took -- you took the two dogs and you left your apartment. And in which direction did you go?

# 111 A:

I went to Westgate.

# 112 Q:

Again?

# 113 A:

Right.

# 114 Q:

Two buildings up to Westgate, turned left?

# 115 A:

Turned north.

# 116 Q:

That's north?

# 117 A:

Yeah, north on Westgate, and then west on Gorham.

# 118 Q:

West on Gorham. Made a left, right?

# 119 A:

Slowly. Slowly. Slowly.

# 120 Q:

What happened? Anything in particular happen when you got down near the Bundy area?

# 121 A:

Well, when I was walking down Gorham. It was a very quiet Sunday night, no sounds whatsoever, until I reached the corner of Bundy and Gorham. I was almost in Bundy when all of a sudden, the Akita start to barking like crazy, and he stayed barking, like he was confused and panicky.

# 122 Q:

Now, the Akita that you started to hear barking like crazy, did you recognize that to be Nicole's?

# 123 A:

Yeah, immediately. There was no other dog like that in that stretch of the street.

# 124 Q:

Okay.

# 125 A:

I recognize the barking.

# 126 Q:

When you heard the dog barking like crazy, what did you do?

# 127 A:

I was immediately alerted, because it's a big dog and I didn't want any fight with any dogs or something. He sounded like he was on the street. So I stopped immediately and turned around, and said we can't go further.

# 128 Q:

When you heard the dog barking?

# 129 A:

Yeah.

# 130 Q:

Nicole's Akita barking, you -- from the sounds of the barking, you thought it was in the street and not behind the gate?

# 131 A:

Yeah. It sounds like so close, so close.

# 132 Q:

Okay. And you did not want to go by the house?

# 133 A:

No, because I didn't want to risk for my dogs to have a fight or anything.

# 134 Q:

Well, can you point to the map where you were when you stopped hearing the dog in the street. Now, bear in mind, this is an alleyway. Do you recognize that alleyway? Where were you when you stopped, when you heard the dog barking like crazy?

# 135 A:

Just beyond the alley there.

# 136 Q:

Just past the alley?

# 137 A:

Almost in the curve.

# 138 Q:

Can you see any parts of Nicole's condominium where you were?

# 139 A:

No.

# 140 Q:

You were on the other side of the street from her condominium --

# 141 A:

Yes.

# 142 Q:

-- on the sidewalk, with the two dogs?

# 143 A:

Yeah.

# 144 Q:

And how loud was the barking? Can you describe it?

# 145 A:

My God, it was --

# 146 Q:

Why don't you use the microphone?

# 147 A:

Okay.

# 148 Q:

I'm sorry to make you keep getting up.

# 149 A:

That's okay. It was very loud barking. I never heard a barking like this before. It was very strange. Very strange.

# 150 Q:

Continuous?

# 151 A:

Oh, nonstop. Nonstop.

# 152 Q:

What did you then decide to do?

# 153 A:

I turned around, and I didn't want to go back the same way I came from Gorham. Next to me was that alley, and go uphill there. And I said let's go in the alley. We have a shortcut. I go back to Dorothy.

# 154 Q:

The idea, instead of going down Bundy and up around --

# 155 A:

Yeah.

# 156 Q:

-- you were going to cut down this alleyway?

# 157 A:

To go back to Dorothy.

# 158 Q:

To get home?

# 159 A:

Yeah.

# 160 Q:

And what time was it, sir, when you heard the dog barking like crazy, and then made the decision to cut across the alleyway?

# 161 A:

This must have been around 10:30, 10:35.

# 162 Q:

Between 10:30 and 10:35?

# 163 A:

Yeah, something like that.

# 164 Q:

Now, you then began to walk across the alleyway, right?

# 165 A:

Yeah.

# 166 Q:

Approximately how long is that alley?

# 167 A:

Oh, I think it was only a few minutes, two, three minutes.

# 168 Q:

Do you know what the distance is?

# 169 A:

150 meters something like that.

# 170 Q:

150 meters?

# 171 A:

Yes.

# 172 Q:

So normally, it would take you two or three minutes to cross the alley?

# 173 A:

Yeah.

# 174 Q:

Now, did anything happen when you started to walk across the alley?

# 175 A:

Well, the dog kept barking and barking and barking. And I went into the alley slowly. And I reach the point where I was going opposite Nicole's condo, and I stood there listening to the dog. My God, is this going on still?

# 176 Q:

Let me stop you right there.

# 177 A:

Okay.

# 178 Q:

Just so we don't get too far ahead of ourselves here.

(Indicating to map.) Okay. When you're walking across the alley here, you got to a point opposite Nicole's condominium?

# 179 A:

Exactly opposite. Exactly opposite.

# 180 Q:

Okay. Now, in terms of the terrain here, when you were on this alley, are you elevated from Bundy?

# 181 A:

Oh, yes. It's much more elevated.

# 182 Q:

You're up high?

# 183 A:

Up high.

# 184 Q:

Can you actually see Nicole's condominium from the alley when you're standing --

# 185 A:

Well, you can see the roof, the tiles, the red tiles; that I could see, yes.

# 186 Q:

All you can make out is a red-tile roof?

# 187 A:

Yeah, the red tiles.

# 188 Q:

And this alleyway which is like a driveway, that cuts across here?

# 189 A:

Yeah. It's bigger than a driveway; it's a little wider.

# 190 Q:

And are there homes here between the -- what we're calling the alleyway and Bundy?

# 191 A:

Yes, small houses.

# 192 Q:

Okay.

# 193 A:

Small houses.

# 194 Q:

Was there a dog at the house where you stopped?

# 195 A:

Exactly. A little black dog.

# 196 Q:

So let me get the picture. You're walking across; there's a house here with a dog. You continue to hear the Akita, right?

# 197 A:

Oh, yeah, constantly.

# 198 Q:

And then at the some point, you stop and you think -- at that point, you think you are opposite Nicole's condominium?

# 199 A:

Yeah.

# 200 Q:

And you're with your two dogs, right?

# 201 A:

Two dogs.

# 202 Q:

Then what happened?

# 203 A:

Then I stood there, I would say, for a minute, listened to these two dogs. The little black dog started to barking also. Two dogs were barking then.

# 204 Q:

The two dogs being the little black dog that the property owner had?

# 205 A:

Yeah. It started to bark, too.

# 206 Q:

At the same time, you're still hearing the Akita?

# 207 A:

Yeah. Nonstop.

# 208 Q:

When you say it's barking like crazy, what kind of barking is it?

# 209 A:

It's confused, panicking, but not attacking. Not at all, that he was growling or something, not at all. He was just confused completely.

# 210 Q:

And now --

# 211 MR. BAKER:

Move to strike. No foundation.

# 212 THE COURT:

You want to lay a little dog foundation?

# 213 (Laughter.)

# 214 Q:

(BY MR. PETROCELLI) You've heard lots of dogs barking in lots of different ways over the years?

# 215 A:

Oh, yeah.

# 216 MR. BAKER:

Leading and suggestive. Can I get a ruling, please.

# 217 THE COURT:

Overruled.

# 218 Q:

(BY MR. PETROCELLI) Are you familiar with different kinds of sounds of barking?

# 219 A:

Yeah. Small dogs have different barking than a big dog. It's a deep barking.

# 220 Q:

Can you distinguish between -- well, tell us what you meant when you said it was not an attack barking.

# 221 MR. BAKER:

Again, no foundation.

# 222 THE COURT:

The man's had a dog for 26 years. He can distinguish it. Go ahead.

KEY QUOTE

# 223 Q:

In your own words.

# 224 A:

It was panicking, high barking, high barking, and constantly nonstop barking. Very strange. Very strange.

KEY QUOTE

# 225 Q:

What would you consider an attack kind of barking?

# 226 A:

Its a growl, g-r-r-r-r-r (witness making growl sounds), something like that.

# 227 Q:

Did you hear that kind of barking?

# 228 A:

No, not at all.

# 229 Q:

You didn't hear growling?

# 230 A:

No, no, no, no.

# 231 Q:

Now, when you were sitting there, or standing there with your dogs at the alley opposite Nicole's condominium and you heard the dogs barking, did you then hear anything else?

# 232 A:

Because -- yeah, but it was around about a minute there, all of a sudden, when the dogs keep barking, I heard the first voice, a clear voice, saying, "Hey, hey, hey," for three, four times.

# 233 Q:

Can you tell if it was a male or female?

# 234 A:

It was a male; no doubt about it.

# 235 Q:

Younger or older male?

# 236 A:

Sounded clear, young voice.

# 237 Q:

And what did you then hear next?

# 238 A:

Immediately after "hey, hey, hey, hey," I heard another voice talking very fast, a deeper voice, very fast, sounded like an argument or something like that.

# 239 Q:

Was that a male or female?

# 240 A:

Male.

# 241 Q:

Okay. Older or younger than the first voice?

# 242 MR. BAKER:

Foundation.

# 243 ROBERT HEIDSTRA:

Sounds --

# 244 THE COURT:

Overruled. Go ahead.

# 245 Q:

(BY MR. PETROCELLI) You may answer.

# 246 A:

Older.

# 247 Q:

Okay. And you said it was deeper than the first voice?

# 248 A:

Yeah. Pretty deep voice.

# 249 Q:

Now, could you hear any actual words being spoken by the second, deeper voice?

# 250 A:

No, because the dogs were barking so loud, it was impossible to hear.

# 251 Q:

Okay. After you heard the second deeper voice, did you hear anything else?

# 252 A:

Yeah. It didn't last no more than 15 seconds, I would say. Then I heard a gate slamming, bang, and then immediately, my mind said, "Boy that's the gate for the Akita behind the gate from Nicole's house. Sounded -- because I was just opposite Nicole's condo, so I felt it must be the gate to Nicole's condo.

# 253 Q:

And in your opinion, that's where those noises were coming from?

# 254 A:

Oh yes, no doubt.

# 255 Q:

How many times did you hear a gate slam?

# 256 A:

Just once. Yeah.

# 257 Q:

Now, what did you do after you heard all this?

# 258 A:

Well, then I continued out of the alley. And if these two guys have an argument, it's nothing more than that. It's like an argument. I said, well, that's it.

# 259 Q:

And then at some point, you got to the end of this alley where it intersects Dorothy; is that right?

# 260 A:

Yeah.

# 261 Q:

And you previously testified that you began to go into that alley at 10:30 to 10:35?

# 262 A:

Yeah, 10:35.

# 263 Q:

How many minutes after that were you at the other end of the alley?

# 264 A:

Was a little more, because I stood there and listened to the dog regularly -- It's about two minutes, and we say about three, four, five minutes, something like that. Five minutes at the --

# 265 Q:

Five minutes, at the outside?

# 266 A:

Yeah, at the outside.

# 267 Q:

You said three, four, five minutes; is that your testimony?

# 268 A:

Yeah. Four minutes or something.

# 269 Q:

Okay. And when you got to the other end of the alley, what then happened?

# 270 A:

Okay. Out of the alley. And the dogs were still barking nonstop; it never stopped. And then I went east on Dorothy, back to my -- the direction of my apartment.

# 271 Q:

You started to walk up the hill?

# 272 A:

Yeah. Just --

# 273 Q:

Is this a hill, by the way? This is Dorothy?

# 274 A:

No. It goes a little -- it goes a little up, but not very much.

# 275 Q:

So when you got to this alley here, you made a left on Dorothy, right?

# 276 A:

Yeah.

# 277 Q:

And then you walked a little bit up?

# 278 A:

Yeah, about two houses. Two houses. About two, three, and listened to the noise.

# 279 Q:

Let me stop you there. There's a tree?

# 280 A:

There's a big oak tree or something.

# 281 Q:

And you stopped under the tree?

# 282 A:

I was under the tree, yes.

# 283 Q:

And on which side of the street, this side?

# 284 A:

Yeah.

# 285 Q:

I guess that's what, north?

# 286 A:

It's north, I guess.

# 287 Q:

So, on the north side of the street. And you're under the oak tree --

# 288 A:

Right.

# 289 Q:

-- and with your dogs, right?

# 290 A:

Um-hum.

# 291 Q:

And then what did you see or what happened?

# 292 A:

So I stood there for a minute, I would say, a minute and a half or something, looking back to Dorothy and where the noise came from. And I -- there's a streetlight on the corner of Bundy and --

# 293 Q:

Dorothy?

# 294 A:

-- and Dorothy, yes.

# 295 Q:

So you're about -- you want to point where you are?

# 296 A:

Yeah.

# 297 Q:

Where you're standing?

# 298 A:

I was standing there, about there.

# 299 Q:

Let the record reflect, I guess you're pointing a little west of the alleyway, on the north side of Dorothy.

# 300 A:

Yeah.

# 301 Q:

And where is the street lamp that you were referring to?

# 302 A:

The middle of this street here.

# 303 Q:

Okay. Up on Bundy and Dorothy?

# 304 A:

And Dorothy.

# 305 Q:

What direction are you facing, are you looking?

# 306 A:

West.

# 307 Q:

Are you looking at the intersection?

# 308 A:

Yeah, I'm looking at the intersection.

# 309 Q:

What was the lighting like?

# 310 A:

It was pretty good lighting.

# 311 Q:

I think I misspoke. I think it's east of the alley, not west of the alley. You were standing where the oak tree is. I'm not very good on directions.

# 312 A:

Yeah, east. You're right. Sorry.

# 313 Q:

What did you see when you were looking down at the intersection where the street lamp was?

# 314 A:

I was looking down there. From nowhere, all of a sudden, then I saw from the west side of Dorothy, from Nicole's side, from out of dark, came in the light a white, jeep-like car.

# 315 Q:

Okay.

# 316 A:

It came all of a sudden out of the dark. I could see it right away in the streetlight.

# 317 Q:

And then what did you see the car do?

# 318 A:

The car came out of the -- like I said, from the dark into the light, and stopped on the right side of Dorothy for one moment. And it sped right away, south on Bundy.

# 319 Q:

Did it make a turn?

# 320 A:

No, it went south. It made a right turn.

# 321 Q:

A right turn?

# 322 A:

Yes, south.

# 323 Q:

So the car is on Dorothy, comes up to the intersection, and you pick it up where, right before it gets to the intersection?

# 324 A:

Yeah. Just, I could see it coming into the intersection, yeah.

# 325 Q:

And then it makes a right-hand turn?

# 326 A:

Yeah. Sped away fast.

# 327 Q:

And sped away fast in the direction --

# 328 A:

South.

# 329 Q:

South?

# 330 A:

South, yes.

# 331 Q:

Were you able to get a good look at the car?

# 332 A:

It was a wide kind of jeep, with tinted glasses.

# 333 Q:

Tinted windows?

# 334 A:

Tinted windows. Yes, sir.

# 335 MR. PETROCELLI:

Can we put up the next photo, which has been marked as 191.

# 336 (The instrument herein described was marked for identification as Plaintiff's Exhibit No. 191)

# 337 Q:

(BY MR. PETROCELLI) Did the car that you saw that evening look like the one in the photo?

# 338 A:

It was -- it resembled a car like this, yes. For sure, I couldn't say exactly this car, but it resembled the size of the car.

# 339 Q:

And the color?

# 340 A:

White.

# 341 Q:

That was a little basic kind of vehicle, was it?

# 342 A:

Yeah. It was a big car, big vehicle like this.

# 343 Q:

Okay. Now, did the truck or the car have its headlights on?

# 344 A:

That, I don't recall. I can't recall that at all.

# 345 Q:

Did you have any opinion as you saw the vehicle speed away, whether it appeared like the person was in a hurry?

# 346 A:

Oh yes. It was -- must have been in a hurry; it sped away fast.

# 347 Q:

Can you tell us about what time it was when you made that observation?

# 348 A:

It must have been around 10:40, 10:45, in between. No more than 10:45, for sure. It would be a little before, maybe.

# 349 Q:

Little before 10:45?

# 350 A:

Yeah.

# 351 Q:

But in the area of 10:40 to 10:45?

# 352 A:

Exactly, yeah.

# 353 Q:

Now, you said you were on the other side of the alley at 10:30, 10:35, right?

# 354 A:

Yeah.

# 355 Q:

And it took you five minutes to cross on this particular night, right?

# 356 A:

Yeah. It took longer because I was standing there, listening to the dog up at Nicole's condo.

# 357 Q:

That would put you on the other side of the alleyway at around 10:35 to 10:40; is that right?

# 358 A:

Yeah.

# 359 MR. BAKER:

Your Honor, leading; asked and answered.

# 360 THE COURT:

It is leading.

# 361 Q:

(BY MR. PETROCELLI) And again, after you got to the other side of the alley, about how many minutes went by before you believe you saw the car?

# 362 MR. BAKER:

Asked and answered.

# 363 THE COURT:

Overruled.

# 364 A:

When I came out of alley, you mean?

# 365 Q:

(BY MR. PETROCELLI) Yeah.

# 366 A:

A minute, minute and a half, or something like that.

# 367 Q:

You were standing under that oak tree?

# 368 A:

Yeah.

# 369 Q:

Okay. By the way, what do you do for a living?

# 370 A:

I'm a car detailer. Somebody wants a used car --

# 371 Q:

And after you saw the car speed away, what did you then do?

# 372 A:

I proceeded to go home to my apartment, very slowly, with my older dog, who was very slow. His rear legs are pretty bad. We very slowly go back.

# 373 Q:

And then you did what?

# 374 A:

I went, while the dogs were barking, never stopped, I went on to my apartment, and stopped one time and looked back again on Bundy. I couldn't figure out what it was because I've been living so long and it never happened before. And I came in front of my apartment and listened to the commotion of these two dogs. And I stood there for three minutes or something, listening to the Akita barking like crazy. And then all of a sudden, he slowed down a few barks. So I said, well, he's calming down now. So I said, well, it's over, the whole commotion. So I slowly went into my apartment with the two dogs.

# 375 Q:

And about what time was it when you got inside?

# 376 A:

Well, must have been around 11:00, because my TV was on and they were announcing that the news was coming up.

# 377 Q:

By the way, I think you said this -- just to make sure -- the streetlight at the intersection of Dorothy and Bundy --

# 378 A:

Yeah.

# 379 Q:

-- Was that light on or off?

# 380 A:

It was on, for sure. I could never have seen the car.

# 381 Q:

Okay. Sir, after the -- you testified in the criminal trial, right?

# 382 A:

I did, yes.

# 383 Q:

Okay. And the verdict came down sometime in October of last year?

# 384 A:

Yeah.

# 385 Q:

Okay. Now, since that time, have you made plans to write a book about your observations?

# 386 A:

Yes, after the verdict.

# 387 Q:

Okay. Have you sold your book?

# 388 A:

No. No takers.

# 389 Q:

Nobody interested?

# 390 A:

Guess not.

# 391 Q:

You have not received any money at all?

# 392 A:

Not at all, not one penny.

# 393 Q:

And basically, the book that you are writing is about the observations you made?

# 394 A:

Right. Exactly.

# 395 Q:

And did you write any of that book before you testified at the trial?

# 396 A:

No, never.

# 397 MR. PETROCELLI:

Okay. Thank you.

Temperature

tense

Key Quotes (4)

Robert Heidstra

I heard the first voice, a clear voice, saying, 'Hey, hey, hey,' for three, four times... Immediately after 'hey, hey, hey, hey,' I heard another voice talking very fast, a deeper voice, very fast, sounded like an argument or something like that.

Places two male voices — one younger, one older and deeper — at or near the crime scene during the estimated window of the murders.

Robert Heidstra

From nowhere, all of a sudden, then I saw from the west side of Dorothy, from Nicole's side, from out of dark, came in the light a white, jeep-like car... The car came out of the -- like I said, from the dark into the light, and stopped on the right side of Dorothy for one moment. And it sped right away, south on Bundy.

Eyewitness account of a white SUV fleeing south on Bundy around 10:40-10:45 PM, consistent with OJ Simpson's Bronco leaving the crime scene.

Robert Heidstra

It was panicking, high barking, high barking, and constantly nonstop barking. Very strange. Very strange.

Characterizes the Akita's distress barking as unlike any he'd heard in years of familiarity with the dog — consistent with the dog reacting to the murders.

Hiroshi Fujisaki

The man's had a dog for 26 years. He can distinguish it. Go ahead.

Judge overrules Baker's foundation objection with notable directness, validating Heidstra's ability to characterize the barking.

Evidence (3)

Exhibit 28

Photograph of Nicole's Akita dog, Kato

Stipulated admission; shown to witness for identification

Exhibit 191

Photograph of the white Bronco parked at 360 North Rockingham

Stipulated admission; shown to witness who confirmed the vehicle resembled what he saw speeding from the scene

Exhibit 18

Map of the Bundy neighborhood area

Used throughout testimony to establish Heidstra's route, position, and sightlines

Notable Exchanges (3)

Daniel Petrocelli•Robert Heidstra

Detailed reconstruction of Heidstra's walk timeline, pinpointing the 10:30-10:35 position in the alley, 10:40-10:45 white vehicle sighting, and approximately 11:00 PM return home — tightly linking events to a murder window.

strategic

Robert Baker•Hiroshi Fujisaki

Baker repeatedly objects to Heidstra characterizing the Akita's barking as 'confused' and 'panicking' rather than attacking. Judge shuts it down with 'The man's had a dog for 26 years.'

heated

Daniel Petrocelli•Robert Heidstra

Petrocelli elicits that Heidstra is attempting to write a book about his observations but has received no money and had no takers — preemptively neutralizing a financial-motive credibility attack.

strategic

Light Moments (2)

Hiroshi Fujisaki

After Baker moves to strike for lack of foundation on the dog-barking characterization, Judge Fujisaki asks 'You want to lay a little dog foundation?' — prompting laughter in the courtroom.

Robert Heidstra

Heidstra demonstrates attack barking by growling into the microphone: 'Its a growl, g-r-r-r-r-r (witness making growl sounds), something like that.'

Credibility Attacks (1)

⚔ Robert Heidstra

financial interest / bias

Petrocelli preemptively disclosed that Heidstra is writing a book about his observations since the criminal verdict, though he has received no money and found no publisher. This inoculates against cross-examination on a financial motive to testify.

Witness Demeanor

(Witness making growl sounds)

(Laughter) [courtroom reaction to judge's 'dog foundation' remark]

Witness repeatedly asked to use microphone and move closer

Objections

6 objections (1 sustained, 4 overruled)

Proceeding 8023 • 397 utterances • Defense witness

Civil Trial

Department 103