Cross-examination of Michael Stevens

📄 Cross-examination of Michael Stevens — Thursday, February 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\2\CROSS-EXAMINATION-OF-MICHAEL-S.DOC

TRIAL

▲ Day 11 of 167

◀ Direct examination of Michael Stevens Recess ▶

Witness: Mike Stevens
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, February 2, 1995 • Utterances: 53

Cochran cross-examines LAPD detective Michael Stevens about items recovered from a safe deposit box on December 6, 1994, pursuant to a search warrant. The items include three apology letters from OJ Simpson to Nicole Brown Simpson relating to the 1989 domestic violence incident, and a will dated September 30, 1990. A brief procedural dispute arose when Cochran attempted to display the will on the ELMO before the court found sufficient foundation.

# 1 THE COURT:

ALL RIGHT. MR. COCHRAN.

# 2 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 3

CROSS-EXAMINATION

# 4

BY MR. COCHRAN:

# 5 Q:

GOOD AFTERNOON, MR. STEVENS.

# 6 A:

GOOD AFTERNOON.

# 7 Q:

AS I UNDERSTAND YOUR TESTIMONY, ON DECEMBER 6 OF 1994, ARMED WITH A SEARCH WARRANT, YOU WENT INTO THIS PARTICULAR SAFE DEPOSIT BOX AND RECOVERED A NUMBER OF ITEMS; IS THAT CORRECT?

# 8 A:

THAT'S CORRECT.

# 9 Q:

AMONG THE ITEMS THAT YOU RECOVERED WERE THE THREE LETTERS WE JUST SAW WHICH LETTERS APPEAR TO BE APOLOGY LETTERS TO NICOLE BROWN SIMPSON; IS THAT RIGHT?

# 10 MR. DARDEN:

OBJECTION. CALLS FOR A CONCLUSION, YOUR HONOR.

# 11 THE COURT:

OVERRULED. THE LETTERS SPEAK FOR THEMSELVES.

# 12 MR. COCHRAN:

I CAN ASK THAT QUESTION.

# 13 MIKE STEVENS:

THAT'S CORRECT.

# 14 Q:

BY MR. COCHRAN: YOU FOUND THOSE APOLOGY LETTERS IN THAT BOX ALL TOGETHER, RIGHT?

# 15 A:

YES.

# 16 Q:

NOW, IN ADDITION TO THE LETTERS OF APOLOGY REGARDING THIS 1989 INCIDENT, YOU ALSO FOUND THIS WILL WHICH COUNSEL MARKED; IS THAT CORRECT?

# 17 A:

YES.

# 18 MR. COCHRAN:

STILL UP THERE? MAY I APPROACH, YOUR HONOR?

# 19 THE COURT:

YOU MAY.

# 20 MR. COCHRAN:

THANK YOU.

# 21 Q:

THIS DOCUMENT THAT IS MARKED A WILL, AND FOR THE RECORD, YOUR HONOR, THIS NUMBER IS --

# 22 THE COURT:

PEOPLE'S 16.

# 23 MR. COCHRAN:

-- PEOPLE'S 16 AND 16-A.

# 24 Q:

MR. STEVENS, SIR, THIS PARTICULAR DOCUMENT, THE WILL, WAS INSIDE THIS PARTICULAR ENVELOPE; IS THAT CORRECT?

# 25 A:

THAT'S CORRECT.

# 26 Q:

AND THE ENVELOPE INDICATED "ONLY OPEN IN FRONT OF A LAWYER"?

# 27 A:

THAT'S RIGHT.

# 28 Q:

ALL RIGHT. AND YOU OPENED IT?

# 29 A:

I DID IT IN FRONT OF A LAWYER.

KEY QUOTE

# 30 Q:

YOU FOUND A LAWYER?

# 31 A:

YES, I DID.

# 32 Q:

IS THE LAWYER IN THIS COURTROOM?

# 33 A:

YES, HE IS.

# 34 MR. DARDEN:

YES, I AM.

# 35 Q:

BY MR. COCHRAN: IS THAT HIM THERE?

# 36 A:

YES, SIR.

# 37 THE COURT:

INDICATING FOR THE RECORD MR. DARDEN.

# 38 Q:

BY MR. COCHRAN: ALL RIGHT. SO HE WAS PRESENT WHEN YOU OPENED THIS?

# 39 A:

YES.

# 40 Q:

OKAY. AND YOU HAD OCCASION TO READ THIS DOCUMENT DATED SEPTEMBER 30, 1990, DID YOU NOT?

# 41 A:

BRIEFLY. I READ THROUGH IT REAL QUICK ONCE.

# 42 MR. COCHRAN:

ALL RIGHT. AND YOUR HONOR, I WOULD LIKE TO SHOW THE FIRST PAGE OF THIS PARTICULAR DOCUMENT ON THE ELMO.

# 43 THE COURT:

MR. DARDEN?

# 44 MR. DARDEN:

I WOULD LIKE TO SHOW IT TO WHO?

# 45 THE COURT:

HE WOULD LIKE TO SHOW IT USING THE ELMO.

# 46 MR. DARDEN:

I OBJECT.

# 47 MS. CLARK:

THE COURT ALREADY RULED.

# 48 THE COURT:

ALL RIGHT.

# 49 MR. COCHRAN:

NO. THAT IS NOT TRUE AT ALL.

# 50 MS. CLARK:

IT IS DARDEN.

# 51 MR. COCHRAN:

THEY WEREN'T GOING TO MARK IT I THOUGHT. WE WILL APPROACH.

# 52 THE COURT:

IT IS MARKED, BUT THERE IS NO FOUNDATION FOR IT AT THIS POINT.

KEY QUOTE

# 53 MR. COCHRAN:

WELL, MAY I ASK A COUPLE QUESTIONS.

Temperature

procedural

Key Quotes (4)

Examiner (Cochran)

THE ENVELOPE INDICATED 'ONLY OPEN IN FRONT OF A LAWYER'? ... ALL RIGHT. AND YOU OPENED IT?

Sets up the chain of custody question for the will and whether proper procedure was followed.

Michael Stevens

I DID IT IN FRONT OF A LAWYER.

Establishes that the envelope's own instructions were followed before it was opened by investigators.

Christopher Darden

YES, I AM.

Darden identifies himself as the lawyer present when the will was opened — an unusual moment where a prosecutor becomes part of the chain of custody.

Lance A. Ito

IT IS MARKED, BUT THERE IS NO FOUNDATION FOR IT AT THIS POINT.

Judge blocks Cochran from displaying the will on the ELMO, indicating the exhibit needs more groundwork before publication to the jury.

Evidence (2)

Informal

Three letters recovered from safe deposit box, characterized as apology letters from OJ Simpson to Nicole Brown Simpson relating to the 1989 domestic violence incident

discussed

People's 16 and 16-A

OJ Simpson's will, dated September 30, 1990, found inside an envelope marked 'Only open in front of a lawyer'

introduced, display on ELMO blocked pending foundation

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden•Michael Stevens

Cochran asks Stevens if 'the lawyer' present at the will opening is in the courtroom; Stevens says yes, and Darden interjects 'Yes, I am' — making a prosecutor a named participant in the chain of custody.

revealing

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark and Cochran briefly clash over whether the court had already ruled on displaying the will, with Clark attributing a prior ruling to Darden and Cochran disputing it before the judge intervenes.

tense

Light Moments (1)

Johnnie Cochran

Cochran asks Stevens 'You found a lawyer?' after being told the envelope required one to be present — then solemnly asks 'Is the lawyer in this courtroom?' before Darden announces himself.

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 4585 • 53 utterances • Prosecution witness

Criminal Trial

Department 103