Plaintiff's counsel Ms. Molinaro re-examines wardrobe stylist Ms. Gardner about the black sweat clothing she purchased for OJ Simpson's exercise video filmed May 25-27, 1994. The central dispute is whether the garments were cotton, cotton-blend, or synthetic — material relevant to fiber evidence at the crime scene. Defense counsel Leonard scores points by impeaching Gardner with a hallway conversation in which she admitted she could not distinguish cotton fleece from a cotton-synthetic blend, contradicting her direct testimony.
# 2 Q: Ms. Gardner, you testified before this jury about a month ago on December 4; do you remember?
# 4 Q: Just for purposes of reintroducing you to the jury, you were the sole wardrobe stylist for the exercise video that Mr. Simpson filmed on May 25, 26 and 27 of 1994; is that correct?
# 6 Q: Okay. Now, as the wardrobe stylist on that video, did you acquire black sweat clothing for Mr. Simpson to wear in that video?
# 7 MR. LEONARD: Asked and answered.
# 8 THE COURT: Overruled.
# 9 Q: (BY MS. MOLINARO) You may answer.
# 11 Q: Yesterday, Mr. Simpson testified --
# 12 MR. LEONARD: Objection, calls for hearsay and it's argumentative.
# 13 THE COURT: It's not hearsay.
# 14 MR. LEONARD: It's argumentative. MS. MOLINARO: I'm going to read the testimony we're rebutting.
# 15 MR. LEONARD: Objection to that statement to the jury. I also object that this is an argumentative question, you can tell from the get-go.
# 16 THE COURT: I'll sustain the objection to reading the testimony. You can ask her a question.
# 17 Q: (BY MS. MOLINARO) Ms. Gardner, did Mr. Simpson ever wear a black D&K sweat shirt in the video?
# 18 A: No, never wore it in the video.
# 19 Q: Do you know why that sweat suit was not used in the video?
# 20 MR. LEONARD: Objection, calls for speculation.
# 21 THE COURT: Overruled.
# 22 A: The sweat suit was the wrong size.
# 23 Q: Did Mr. Simpson ever ask you if he could keep the top to that cashmere sweat suit?
# 25 Q: And this is a black D&K cashmere sweat suit, right?
# 27 Q: You did order one for him at his request?
# 29 Q: Okay. What happened to the black D&K sweat suit?
# 30 A: I sent it back to New York.
# 31 Q: That's because it was the wrong size?
# 32 A: Because it was the wrong size.
# 33 Q: Mrs. Gardner, did you buy black cotton sweat clothing for Mr. Simpson to wear on the video?
# 34 MR. LEONARD: Objection, leading.
# 35 THE COURT: Overruled.
# 37 Q: (BY MS. MOLINARO) What articles of black cotton sweat clothing did you buy for Mr. Simpson to wear in the video?
# 38 A: I bought at least one sweat jacket and at least one pair of sweat pants.
# 39 Q: Ms. Gardner, I'm going to show you now on the television monitor what's been marked Plaintiffs' Exhibit 2219.
# 40 MR. LEONARD: Your Honor, I'm going to object to this. It's already gone into in detail. 2219 was identified by this witness; she testified to it. This is all asked and answered, Your Honor.
# 41 THE COURT: Overruled.
# 42 Q: (BY MS. MOLINARO) Ms. Gardner, this is a photograph of Mr. Simpson and trainer Richard Walsh that I showed you last time; do you remember that?
# 44 Q: Did you buy the black zip front black sweat jacket Mr. Simpson wearing in that photograph?
# 46 Q: Is that a D&K cashmere sweat jacket?
# 48 Q: Where did you buy that black sweat jacket?
# 49 A: I bought that black sweat jacket at Bullocks Men's Store.
# 50 Q: What material is it made of?
# 51 A: That would be cotton fleece.
# 52 Q: Did you buy the black sweat pants that Mr. Simpson is wearing in that photograph?
# 54 Q: What name brand of pants is that?
# 55 A: Reebok. MS. MOLINARO: I'm going to put the next photograph on the monitor. This is Exhibit 2226.
# 56 Q: (BY MS. MOLINARO) Ms. Gardner, I showed you this photograph last time you testified; do you remember?
# 58 Q: Okay. Did you buy the black zip front sweat jacket that Mr. Simpson is wearing in that photograph?
# 60 Q: Is that a D&K cashmere jacket?
# 62 Q: Where did you buy that black sweat jacket?
# 63 A: I bought that black sweat jacket at Bullocks Men's Store.
# 64 Q: What material is it made of?
# 66 Q: The next photograph up for you is Exhibit 2220. This is another picture that I had shown you last time you testified. Do you remember?
# 68 Q: Did you buy the black sweat pants that Mr. Simpson is wearing in that photograph?
# 70 Q: What name brand of sweat pants are they?
# 72 Q: Now, I'm going to show you first --
# 73 MR. LEONARD: Your Honor, I have an objection at this point. I would like to approach with the exhibit.
# 74 THE COURT: You may. (The following proceedings were held at the bench with the reporter):
# 75 MR. LEONARD: I've never seen this before. It's not on their list.
# 76 MS. MOLINARO: Yeah, it is. It's previously marked. What exhibit number is it?
# 77 MR. FOSTER: 770. MS. MOLINARO: It's 770.
# 78 MR. PETROCELLI: We're not interested in the writing.
# 79 MR. LEONARD: I want to see it.
# 80 MR. PETROCELLI: I just want you to know we're only going to put in this picture.
# 81 MR. LEONARD: I object to that, Your Honor. There's no authenticity -- there's no way to authenticate that, when it was taken, at what point. MS. MOLINARO: She can testify to all that.
# 82 MR. LEONARD: So she knows when it was taken? MS. MOLINARO: Yes.
# 83 THE COURT: Overruled. (The following proceedings were held in open court in the presence of the jury.)
# 84 Q: (BY MS. MOLINARO) Ms. Gardner, if you can look at the TV monitor.
# 85 THE COURT: Which exhibit is this? MS. MOLINARO: This is Exhibit 770.
# 86 THE COURT: Thank you.
# 87 Q: (BY MS. MOLINARO) I want you to take a look at that photograph and let me know if you recognize what's depicted in that photograph?
# 90 A: That's Mr. Simpson.
# 91 Q: Do you know when this photograph was taken?
# 92 A: That was taken during the third day of filming.
# 93 Q: That would be what date; do you recall?
# 94 A: Third day of the video filming.
# 95 Q: Do you know where the picture was taken?
# 96 A: That would be his trophy room.
# 97 Q: Okay. Would you look at the black sweat pants that Mr. Simpson is wearing in that photograph. Did you buy those black sweat pants for Mr. Simpson?
# 99 Q: Where did you buy those sweat pants?
# 100 A: I bought those either at Bullocks Men's Store or Reebok.
# 101 Q: What material is the black sweats pants made of?
# 102 MR. LEONARD: Objection, lack of foundation.
# 103 THE COURT: Overruled.
# 104 A: Those are cotton fleece.
# 105 Q: (BY MS. MOLINARO) Ms. Gardner, after the filming of the exercise video was complete, did Mr. Simpson return to you any of the black sweat clothing that he is wearing in any of the four photographs that I showed you?
# 106 MR. LEONARD: Objection, asked and answered.
# 107 THE COURT: Overruled.
# 108 A: No, he didn't. MS. MOLINARO: Thank you. Nothing further at this time, Your Honor.
# 109 THE COURT: Cross-examination. CROSS-EXAMINATION BY
# 110 Q: Nice to see you again. CROSS-EXAMINATION BY
# 111 Q: When you were asked the same questions, virtually, by Ms. Molinaro at the last session when you were here, you never once mentioned the word cotton, isn't that right, ma'am? MS. MOLINARO: Objection, lacks foundation, argumentative.
# 112 THE COURT: Overruled.
# 113 Q: (BY MR. LEONARD) Isn't that right?
# 114 A: I wasn't asked about the fabrics.
KEY QUOTE # 115 Q: That's right. Okay. But I asked you about it out in the hallway. Do you remember that?
# 117 Q: We were sitting with Ms. Fink (phonetic). You see her at the end of the table?
# 119 Q: Do you remember me asking -- you said something to me about fleece. Do you remember that?
# 121 Q: And I said to you, do you know whether or not it's cotton fleece or a mixture of cotton and synthetic, and you said you did not know. Do you remember that, ma'am?
KEY QUOTE # 123 Q: Now, you have testified about some black clothing, right?
# 125 Q: And I asked you last time if you have any idea what happened to the clothing and you said no, you said that the clothing was given to the talent, Mr. Simpson, remember?
# 127 Q: And you said you had no idea whether he kept it or not. Isn't that what you testified to?
# 129 Q: And that's the state of your testimony now, isn't it?
# 131 Q: By the way, none of these garments were blue-black, were they?
# 132 A: Blue-black meaning?
# 135 Q: They were black, right?
# 137 Q: So you have no idea, as you sit here on this stand, whether that was cotton fleece or a mixture of cotton and synthetic; isn't that right, ma'am?
# 139 Q: You testified to this jury under questioning by Ms. Molinaro that it was cotton?
# 140 A: Cotton to me means cotton or cotton-synthetic blend.
# 141 Q: Did you have this discussion with Ms. Molinaro before you got on the stand? Did she ask you, when you say cotton fleece, is it a mixture or is it cotton? Did she ask you that? MS. MOLINARO: Objection, calls for hearsay.
# 142 THE COURT: Overruled.
# 143 A: That's knowledge of mine, knowing if it's cotton or cotton blend.
# 144 Q: Did he ask you that?
# 146 Q: Did she ask you the question I asked you when you were here before, which is, you can't tell what it is, whether it's a cotton-synthetic mixture or cotton fleece? Did she ask you that?
# 148 Q: And you told her you couldn't tell, didn't you?
# 151 MR. LEONARD: No further questions. REDIRECT EXAMINATION BY MS. MOLINARO:
# 152 Q: Ms. Gardner, when -- in your profession as a wardrobe stylist, when you use the term cotton fleece -- first of all, explain to us what fleece means.
# 153 MR. LEONARD: Objection, asked and answered.
# 154 THE COURT: Overruled.
# 155 MR. LEONARD: Irrelevant at this point.
# 156 THE COURT: Overruled.
# 157 A: Fleece is sweatshirt material, fluffy type of cotton material.
# 158 Q: (BY MS. MOLINARO) And cotton fleece can mean what to you in your industry?
# 159 MR. LEONARD: Objection, irrelevant. She just testified what her knowledge is.
# 160 THE COURT: Overruled.
# 161 A: Cotton fleece to me means material you make sweatshirts out of, which is either 100 percent cotton or a cotton blend.
KEY QUOTE # 162 Q: (BY MS. MOLINARO) When you say cotton blend, what does that mean?
# 163 A: 50 percent cotton, 50 percent probably polyester.
# 164 Q: If a garment is 100 percent cotton, what kind of fiber is it made off?
# 165 MR. LEONARD: Objection.
# 166 THE COURT: Overruled.
# 169 A: 100 percent cotton.
# 170 Q: If a garment is 50 percent cotton, 50 percent polyester blend, what kind of fiber is it made of?
# 171 MR. LEONARD: Objection, there's a lack of foundation on this witness whether she can testify to that or not. Where's the foundation?
# 172 THE COURT: She's the stylist for the video. Overruled.
# 173 A: Cotton-poly blend could be -- would be 50 percent of the fibers are cotton, 50 percent are polyester.
# 174 Q: (BY MS. MOLINARO) Of the 50 percent that are -- of the fibers that are cotton, what are they made of?
# 175 A: 100 percent cotton.
# 176 Q: Did Mr. Simpson ever return to you any of the articles of black sweat clothing I showed you in those four photographs?
# 177 MR. LEONARD: Objection, beyond the scope.
# 178 THE COURT: Asked and answered.
# 179 Q: (BY MS. MOLINARO) To your knowledge, Ms. Gardner, did Mr. Simpson return those articles of black sweat clothing that I showed you in those four photographs, to anyone?
# 180 MR. LEONARD: Objection, lack of foundation, asked and answered the first time. MS. MOLINARO: To her knowledge, Your Honor.
# 181 THE COURT: I'll sustain the objection if she didn't receive it herself. Then the rest of it is hearsay.
# 182 MR. LEONARD: Thank you, Your Honor.
# 183 Q: (BY MS. MOLINARO) Ms. Gardner, did you see Mr. Simpson give any of those black sweat clothing items to anybody?
# 184 A: No, I didn't see --
# 185 Q: Did any of the members of the production crew come up to you --
# 186 MR. LEONARD: Calls for hearsay.
# 187 Q: (BY MS. MOLINARO) Did you see any member of the production crew walk off the set with those items of clothing?
# 188 A: No, I didn't. MS. MOLINARO: Nothing further. RECROSS-EXAMINATION BY
# 189 Q: Do you think if someone is wearing -- since you seem to be an expert on fabrics, do you think if someone is wearing a fabric at a crime scene that's half polyester and half cotton, then they'd only shed the cotton fibers and not the polyester? MS. MOLINARO: Objection, calls -- lacks foundation.
# 190 MR. LEONARD: I agree.
# 191 THE COURT: If you agree, you must withdraw the question. (Laughter.)
KEY QUOTE # 192 MR. LEONARD: Did I say that? Let me ask it again.
# 193 THE COURT: If you ask it differently.
# 194 Q: (BY MR. LEONARD) Based on your expertise, ma'am, in fabrics, do you think it's possible that if someone was wearing a fabric on their clothing that was half cotton and half polyester, that they would only shed the cotton fibers and not the polyester? Do you think that's possible? MS. MOLINARO: Objection, lacks foundation.
# 195 THE COURT: Overruled.