Direct examination of Sukru Bozdepe

📄 Direct examination of Sukru Bozdepe — Friday, October 25, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\25\DIRECT-EXAMINATION-OF-SUKRU-BO.DOC

TRIAL

▲ Day 3 of 57

◀ Direct examination of Steven Schwab Adjournment ▶

Witness: Sukru Boztepe
Examiner: Robert Baker
Called by: Defense • Date: Friday, October 25, 1996 • Utterances: 242

Sukru Boztepe, a neighbor who lived near Nicole Brown Simpson's condo, testified about discovering Nicole's body just after midnight on June 13, 1994. He and his wife Bettina had taken Nicole's Akita dog for a walk after it was brought to them by a neighbor; the dog pulled him to 875 South Bundy, where he saw a woman lying in the pathway covered in blood. He did not see Ron Goldman's body, and he stayed across the street after flagging down the first responding officers.

# 1 MR. PETROCELLI:

On this next witness, the defense and the plaintiffs have stipulated to an additional Exhibit No. 32, a photo of Nicole Brown Simpson in the walkway.

(The instrument herein described was marked for identification as Plaintiffs' Exhibit No. 32.) We call Sukru Boztepe as our next witness. SUKRU BOZTEPE, called as a witness on behalf of Plaintiff 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 SUKRU BOZTEPE:

I do.

# 4 THE CLERK:

Please be seated. And, sir if you would, please state and spell your name for the record.

# 5 SUKRU BOZTEPE:

Sukru Bozdepe, S-U-K-R-U, B-O-Z-D-E-P-E DIRECT EXAMINATION BY MR. PETROCELLI:

# 6 Q:

Good afternoon, sir.

# 7 A:

Good afternoon.

# 8 Q:

On June 12, 1994, where did you live?

# 9 A:

On Montana, between Bundy and San Vicente.

# 10 Q:

You want to point there, sir?

# 11 (Witness complies, points to map.)

# 12 A:

Right up here.

# 13 Q:

What time in the evening did you come home?

# 14 A:

11:40 p.m.

# 15 Q:

What happened when you came home?

# 16 A:

When I entered courtyard, I see Dennis Schwab and Dana Schwab and that white dog in the courtyard.

# 17 MR. PETROCELLI:

Steve, can you put on Exhibit 28.

# 18 Q:

(BY MR. PETROCELLI) Recognize the dog in Exhibit 28?

# 19 A:

Yes, that was the dog.

# 20 Q:

That was the dog you saw in the courtyard with Mr. Schwab?

# 21 A:

Yes.

# 22 Q:

That's a little awkward. See if you can talk right in that microphone. Thank you. As a result of your conversation with Mr. Schwab, did you then take the dog?

# 23 A:

Yes, I did.

# 24 Q:

And what did you do with the dog?

# 25 A:

I took the dog inside, in our apartment, and we were going to go to sleep, but the dog starts acting too nervous, starts running around, scratching the door, so we were uncomfortable with the dog, to sleep. Then we decided to take the dog for a walk.

# 26 Q:

Now, had Mr. Schwab told you where he found the dog?

# 27 A:

Yes, he did.

# 28 Q:

Okay. Did you decide to take the dog back to that area?

# 29 A:

Yes.

# 30 Q:

And what was that area?

# 31 A:

The corner of Bundy and Dorothy.

# 32 Q:

Okay. So you started walking. You want to trace the route that you walked? What time did you leave your house?

# 33 A:

Just before midnight.

# 34 Q:

Just before midnight. Okay. With the dog. And who else was with you?

# 35 A:

My wife Bettina.

# 36 Q:

Bettina. You, Bettina, and the Akita?

# 37 A:

Yes.

# 38 Q:

Can you tell us the route that you took?

(Witness indicates to map of Bundy area.) You can get out of your seat.

# 39 A:

We left from here.

# 40 Q:

You're going west on Montana?

# 41 A:

Yes. And we cross Montana at this point.

# 42 Q:

Now you're going south on Bundy, on the east side?

# 43 A:

Yes.

# 44 Q:

Okay. Keep going.

# 45 A:

Then we cross -- we continue. We cross the street.

# 46 Q:

Past Gorham?

# 47 A:

And then we cross to Bundy in that way.

# 48 Q:

Okay. Now, you cross to the west side --

# 49 A:

Yes.

# 50 Q:

-- of Bundy.

# 51 A:

And then we continue down this way.

# 52 Q:

Okay. Down in the direction of where we have this little red house there, right?

# 53 A:

Yes.

# 54 Q:

Okay. And was the dog doing anything unusual?

# 55 A:

Well, the dog was all right until here.

# 56 Q:

You're pointing to Bundy, just north of Gorham?

# 57 A:

Yes.

# 58 Q:

The dog was acting normally until that point?

# 59 A:

Yes.

# 60 Q:

And then?

# 61 A:

Then dog starts pulling me a little bit hard. And then we cross the street. And then it start pulling harder, and it kind of forced me to cross the street with him.

# 62 Q:

So the dog actually pulled you across the street?

# 63 A:

Yeah. And then start pulling harder and harder and harder until this point; then just here, it stopped.

# 64 Q:

Okay. Now you're pointing to the one which represents 875 South Bundy?

# 65 A:

Yes.

# 66 Q:

You're saying the dog stopped there?

# 67 A:

Yes.

# 68 Q:

And where on the sidewalk did the dog stop?

# 69 A:

Dog stopped basically on the sidewalk in front of the pathway to 875.

# 70 Q:

And where were you in relation to the dog?

# 71 A:

Just behind of it.

# 72 Q:

So the dog is in front of you, and you're holding -- did you have a leash?

# 73 A:

Yes, I did.

# 74 Q:

Got that leash from --

# 75 A:

Steven.

# 76 Q:

-- Steven Schwab?

# 77 A:

Yes.

# 78 Q:

Okay. And when the dog stopped in front of 875 South Bundy, what did it do?

# 79 A:

It looked towards the house.

# 80 Q:

What were the lighting conditions like?

# 81 A:

It was very dark.

# 82 Q:

Very dark?

# 83 A:

Very dark.

# 84 Q:

Could you see, or did you notice the sidewalk area where you were stepping on?

# 85 A:

Can you explain?

# 86 Q:

Did you see anything on the sidewalk where you were stepping on?

# 87 A:

Not really.

# 88 Q:

Why? Because it was dark?

# 89 A:

It was dark.

# 90 MR. BAKER:

I object. Leading.

# 91 THE COURT:

Sustained.

# 92 Q:

(BY MR. PETROCELLI) What was the reason you couldn't see?

# 93 A:

It wasn't lit enough.

# 94 Q:

Okay. Now, what happened when you saw the dog staring down the pathway?

# 95 A:

I looked at the same direction.

# 96 Q:

And what did you see?

# 97 A:

I saw a lady laying down and full of blood.

KEY QUOTE

# 98 MR. PETROCELLI:

Steve, you have the next exhibit. I'll caution the jury that this is a sensitive photograph.

# 99 Q:

(BY MR. PETROCELLI) Now, looking at this Exhibit 32, is that the sight that you saw?

# 100 A:

Yes.

# 101 Q:

Was it as light as that?

# 102 A:

No, not at all.

# 103 Q:

What was the lighting like?

# 104 A:

It was very dark.

# 105 Q:

Very dark. And what were you able to see?

# 106 A:

I saw just the lady; I could see that she was blond, and I could see her arm. That's it.

# 107 Q:

Okay. Did you -- could you step down here for a second, please, sir. You see this part here before the pathway, is that the sidewalk?

# 108 A:

I guess sidewalk.

# 109 Q:

You were on the sidewalk?

# 110 A:

Yes.

# 111 Q:

And when you first saw the body of Nicole, was the dog looking in that direction?

# 112 A:

Yes.

# 113 Q:

Had the dog not looked in that direction, would you have noticed Nicole's body?

# 114 MR. BAKER:

Objection. Calls for speculation.

# 115 THE COURT:

Sustained.

# 116 Q:

(BY MR. PETROCELLI) Before the dog looked in that direction, did you notice Nicole's body?

# 117 MR. BAKER:

Objection. No foundation.

# 118 THE COURT:

Overruled.

# 119 SUKRU BOZTEPE:

No, I didn't.

# 120 Q:

(BY MR. PETROCELLI) Excuse me?

# 121 A:

I wouldn't.

# 122 Q:

Okay. And did you -- did you take any steps down the pathway?

# 123 A:

No, I didn't.

# 124 Q:

Did the dog go down the pathway?

# 125 A:

No.

# 126 Q:

Did you form any opinion about whether this person was dead or alive?

# 127 A:

She was dead.

# 128 Q:

That was what you saw?

# 129 A:

Yes.

# 130 Q:

Okay.

# 131 MR. PETROCELLI:

You can take the picture off. You can sit down.

# 132 Q:

(BY MR. PETROCELLI) What did you then do?

# 133 A:

I told my wife that that was a dead person there. And we crossed the street, which is Bundy, here. I run to a house and I rang the bell and knocked on the door. There was no answer. And then we were walking to the next house towards north, and we had seen a lady walking to her car. And we asked her to call 911. She said okay, and she left. We couldn't count on her, so we went to the next door around here. And then we rang the door, and somebody answered, and we explained the situation and made them call 911.

# 134 Q:

So you knocked on the first door and nobody answered?

# 135 A:

Nobody answered.

# 136 Q:

And then you saw a woman going to her car across the street from Nicole's condominium?

# 137 A:

Not Nicole's condominium, but toward this side, maybe.

# 138 Q:

On the opposite side of the street?

# 139 A:

Yes.

# 140 Q:

North?

# 141 A:

Yes.

# 142 Q:

How far past it?

# 143 A:

Just around here, I guess. She passed toward here.

# 144 Q:

You told that person to call 911?

# 145 A:

Yes.

# 146 Q:

And that person drove off?

# 147 A:

Yes.

# 148 Q:

And then you knocked on another neighbor's door --

# 149 A:

Yes.

# 150 Q:

-- next to the first person whose door you knocked on?

# 151 A:

Yes.

# 152 Q:

And you told that person to call 911?

# 153 A:

Yes.

# 154 Q:

Okay. What time was it when you first saw Nicole's body?

# 155 A:

I can only guess. I don't remember.

# 156 Q:

What is your best approximation?

# 157 A:

12:05.

# 158 Q:

Shortly after midnight?

# 159 A:

Yes, yes.

# 160 Q:

You said you left your house shortly before midnight?

# 161 A:

Yes.

# 162 Q:

And you walked directly in the path that you took, right?

# 163 A:

Yes.

# 164 Q:

And did you make any stops?

# 165 A:

No.

# 166 Q:

Okay. You think it was about five minutes after midnight?

# 167 A:

I would say so.

# 168 Q:

After you knocked on the door of the second person, did that person answer?

# 169 A:

Yes, he did.

# 170 Q:

And that person said that he or she would call 911?

# 171 A:

Yes. It was he, and he called 911.

# 172 Q:

What did you then do?

# 173 A:

We wait.

# 174 Q:

You waited with the dog?

# 175 A:

Yes.

# 176 Q:

And your wife Bettina?

# 177 A:

Yes.

# 178 Q:

Did the police arrive?

# 179 A:

Yes; they arrived very shortly.

# 180 Q:

Very shortly?

# 181 A:

Yes.

# 182 Q:

And what did you do then, when the police arrived?

# 183 A:

We flagged them down and we told -- we told them about the scene. And they took off and examined the scene.

# 184 Q:

You pointed out to the police --

# 185 A:

Yes.

# 186 Q:

-- man what you had seen?

# 187 A:

Yes.

# 188 Q:

Did you cross the street and go back to the sidewalk?

# 189 A:

No.

# 190 Q:

You did it from across the street?

# 191 A:

Yes.

# 192 Q:

So you never did go back to the area where you first saw Nicole's body?

# 193 A:

No.

# 194 Q:

Did you see another person's body besides Nicole's from your vantage point out on the sidewalk?

# 195 A:

No.

# 196 Q:

Thank you.

CROSS-EXAMINATION BY MR. BAKER:

# 197 Q:

Couple questions, sir. When you were on Bundy, when the dog looked up the pathway towards where you ultimately saw the body of Nicole Brown Simpson, you were able to see that relatively clearly, were you not?

# 198 A:

Depends what "clearly" means.

# 199 Q:

Well, let me ask you, you saw her lying down horizontally, did you not?

# 200 A:

Yes.

# 201 Q:

You saw her face turned towards you?

# 202 A:

Yes.

# 203 Q:

And you saw that she was on her right side?

# 204 A:

I think she was on her left side.

# 205 Q:

Okay. And you were able to see that from the area where you had the dog on the leash, correct?

# 206 A:

Yes.

# 207 Q:

And then, so the light -- and you were also able to determine from your position out on the sidewalk that, in your mind, this woman was deceased, correct?

# 208 A:

What do you mean?

# 209 Q:

She was dead.

# 210 A:

Yes.

# 211 Q:

Okay. And you had enough light to make all those determinations from the sidewalk, correct?

# 212 A:

Well, I came to the conclusion of being that, because I understand it was her dog, and the dog has been found --

KEY QUOTE

# 213 Q:

Okay

# 214 A:

-- hours ago, and it was bloody. That's why I thought it was that.

# 215 Q:

Fair enough. When the police got there, did you watch the police go into the area where the body was?

# 216 A:

Yes.

# 217 Q:

And how many police were there when they initially -- strike that. How many police arrived at the scene when you were there outside of Bundy?

# 218 A:

At first, or...

# 219 Q:

First.

# 220 A:

Two police officers.

# 221 Q:

Okay. And did you see them open the gate and walk in to where the body was?

# 222 A:

No. I wasn't close, so I didn't see anything, so -- I was across the street, so I just see them.

# 223 THE REPORTER:

I didn't understand.

# 224 SUKRU BOZTEPE:

They disappeared in the middle of bushes.

# 225 Q:

Okay. Did you see any police officers go into the area where Nicole Brown Simpson's body was located?

# 226 A:

Well, both of them went through that direction. And I don't know what they did.

# 227 Q:

Did you subsequently remain there and see any other police officers go into the crime scene?

# 228 A:

You mean after the two police officers?

# 229 Q:

Yes. Yes, sir.

# 230 A:

Too many police officers came.

# 231 Q:

Did you see any of them go into the crime scene beyond the gate, into the area where you had visualized the body of Ms. Simpson lying on her left side, or horizontally, facing towards Bundy?

# 232 A:

Well, only thing I could see is beginning of the sidewalk and the beginning of the path, because I was across the street, so I don't know if they go to the gate or if not. So I don't know.

# 233 MR. BAKER:

Thank you very much. REDIRECT EXAMINATION BY MR. PETROCELLI:

# 234 Q:

Why did you stop in front of 875 South Bundy?

# 235 MR. BAKER:

Asked and answered.

# 236 THE COURT:

Sustained

# 237 Q:

(BY MR. PETROCELLI) Did you hear any noises when you were approaching 875 South Bundy?

# 238 A:

No.

# 239 Q:

Okay. Thank you.

# 240 MR. BAKER:

I don't have any questions.

# 241 THE COURT:

Thank you. You're excused.

# 242 (Witness excused.)

Temperature

emotional

Key Quotes (4)

Witness

I saw a lady laying down and full of blood.

Boztepe's first description of what he saw at 875 South Bundy — the moment of discovery.

Witness

She was dead.

His immediate, certain conclusion upon seeing Nicole from the sidewalk.

Witness

I came to the conclusion of being that, because I understand it was her dog, and the dog has been found -- hours ago, and it was bloody. That's why I thought it was that.

Explains the logical chain: the bloody Akita's behavior led him to conclude the woman was dead and connected to the dog.

Witness

It was very dark.

Repeated emphasis on darkness undercuts Baker's attempt to suggest Boztepe had clear visual access to the crime scene.

Evidence (2)

Plaintiffs' Exhibit No. 32

Photo of Nicole Brown Simpson lying in the walkway at 875 South Bundy

introduced and shown to witness for identification

Plaintiffs' Exhibit 28

Photo of the Akita dog

shown to witness for identification

Notable Exchanges (2)

Robert Baker•Witness

Baker pressed Boztepe on how much he could actually see from the sidewalk, trying to establish sufficient lighting for detailed observation; Boztepe pushed back by saying 'depends what clearly means' and then explained his conclusion of death was based on the dog's bloody condition, not visual clarity.

strategic

Daniel Petrocelli•Witness

Petrocelli walked Boztepe through the Akita's increasingly agitated pulling behavior as they approached 875 Bundy, building a narrative that the dog led them directly to Nicole's body.

revealing

Credibility Attacks (1)

⚔ Sukru Boztepe

contradiction / minimization

Baker attempted to establish that Boztepe had enough light to see Nicole clearly (her position, orientation, face), implying his claimed darkness was overstated; Boztepe partially conceded visual details but explained his 'dead' conclusion came from the dog's bloody state rather than visual examination.

Witness Demeanor

Witness complies, points to map.

Witness excused.

Objections

4 objections (3 sustained, 1 overruled)

Proceeding 8029 • 242 utterances • Defense witness

Civil Trial

Department 103