Re-redirect examination of Kenneth Berris

📄 Re-redirect examination of Kenneth Berris — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\RE-REDIRECT-EXAMINATION-OF-KEN.DOC

TRIAL

▲ Day 140 of 167

◀ Redirect examination of Kenneth Berris Witness excused and called ▶

Witness: Kenneth Berris
Examiner: Johnnie Cochran
Called by: Defense • Date: Tuesday, August 22, 1995 • Utterances: 28

Darden recrosses Detective Berris on the subject of laundry bags from the hotel room where OJ Simpson stayed, trying to establish that the bags were never found and that the detective doesn't know what became of them. Cochran objects repeatedly to the form of Darden's questions. The exchange is brief and largely inconclusive — Berris says he doesn't know what happened to the bags, and they were never recovered.

# 1 MR. BERRIS:

You're welcome.

RECROSS-EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

So what happened to the Defendant's laundry, detective?

# 3 MR. COCHRAN:

Your Honor, I object to the form of that question.

# 4 THE COURT:

Overruled.

# 5 MR. COCHRAN:

I object to the form of that question. Argumentative, speculative.

# 6 MR. BERRIS:

I don't know, Mr. Darden.

# 7 MR. DARDEN:

Is there any indication at all that this Defendant had his laundry sent out while staying at that hotel?

# 8 MR. COCHRAN:

Object to the form of that question.

# 9 THE COURT:

Sustained.

# 10 MR. DARDEN:

If you know, detective, what did the Defendant use the laundry bags for?

# 11 MR. COCHRAN:

I object to the form of that question. Argumentative.

# 12 THE COURT:

Overruled. The question was if you know.

# 13 MR. BERRIS:

I don't know, Mr. Darden.

# 14 MR. DARDEN:

You never found those bags, did you?

KEY QUOTE

# 15 MR. BERRIS:

No, sir.

# 16 MR. DARDEN:

That's all I have. May the witness be excused, your Honor?

# 17 MR. COCHRAN:

May I have just a second, your Honor?

# 18 (Discussion held off the record between Defense counsel.)

# 19 MR. COCHRAN:

You don't know of your personal knowledge whether there were laundry bags there or not or how many there were, isn't that correct, sir, of your own personal knowledge?

KEY QUOTE

# 20 MR. BERRIS:

From my own personal knowledge, no.

# 21 MR. COCHRAN:

All right. Thank you very kindly.

# 22 MR. DARDEN:

Just one question, your Honor.

# 23 THE COURT:

Yes.

FURTHER RECROSS-EXAMINATION BY MR. DARDEN

# 24 MR. DARDEN:

Did you interview the maid that prepared the room immediately prior to the Defendant's arrival?

# 25 MR. COCHRAN:

Object to the form of that question.

# 26 THE COURT:

No. He can say whether or not he interviewed the maid. Yes or no?

KEY QUOTE

# 27 MR. BERRIS:

Yes, I did.

# 28 MR. DARDEN:

Thank you.

Temperature

procedural

Key Quotes (4)

Christopher Darden

You never found those bags, did you?

The point of the entire recross — Darden lands the implication that potentially incriminating laundry bags vanished without being recovered or examined.

Kenneth Berris

No, sir.

Confirms the laundry bags were never found, leaving the question of what they contained or where they went unanswered.

Johnnie Cochran

You don't know of your personal knowledge whether there were laundry bags there or not or how many there were, isn't that correct, sir, of your own personal knowledge?

Cochran uses redirect to undercut the premise of Darden's questions entirely — if Berris has no personal knowledge the bags even existed, Darden's implication collapses.

Lance A. Ito

No. He can say whether or not he interviewed the maid. Yes or no?

Judge narrows Darden's final question, signaling impatience with its form while still allowing the core fact to come in.

Evidence (1)

Informal

Laundry bags from the hotel room occupied by the defendant

discussed — never recovered, defendant's use unknown

Notable Exchanges (2)

Christopher Darden•Kenneth Berris

Darden presses Berris on whether laundry bags were ever found; Berris concedes they weren't, but also admits he doesn't know what happened to them or what they were used for.

strategic

Johnnie Cochran•Kenneth Berris

Cochran uses a brief redirect to establish that Berris has no personal knowledge of whether laundry bags were even present, neutralizing Darden's line of questioning.

strategic

Credibility Attacks (1)

⚔ Kenneth Berris

gaps in investigation

Darden highlights that Berris never found the laundry bags and doesn't know what became of them, implying an incomplete investigation. Cochran counters by establishing the detective lacked personal knowledge of the bags entirely.

Witness Demeanor

(Discussion held off the record between Defense counsel.)

Objections

5 objections (1 sustained, 4 overruled)

Proceeding 7411 • 28 utterances • Defense witness

Criminal Trial

Department 103