Cross-examination of Ronald Shipp (morning, part 2)

📄 Cross-examination of Ronald Shipp (morning, part 2) — Thursday, February 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\2\CROSS-EXAMINATION-OF-RONALD-SH.DOC

TRIAL

▲ Day 11 of 167

◀ Sidebar: impeachment evidence Sidebar: alcoholism evidence ▶

Witness: Ron Shipp
Examiner: Carl Douglas
Called by: Prosecution • Date: Thursday, February 2, 1995 • Utterances: 112

Carl Douglas continues his cross-examination of Ronald Shipp by attacking his credibility through his history of alcohol abuse, including a 1988 suspension from the LAPD. Douglas attempts to establish that Shipp was drinking at Simpson's home on June 13, 1994, the day after the murders, and probes a July 1994 late-night incident where Shipp allegedly showed up drunk at the home of Simpson's personal assistant Cathy Randa. The session ends in a sidebar after Douglas pushes to a second alleged drunk visit in August 1994.

# 1 THE COURT:

THANK YOU. MR. DOUGLAS, YOU CAN RESUME.

# 2 MR. DOUGLAS:

CAN I HAVE THAT LAST QUESTION REREAD, PLEASE?

# 3 THE COURT:

NOW, AS A RESULT OF YOUR ALCOHOL PROBLEM, YOU WERE SUSPENDED, YOU HAD A SUSPENSION FOR 30 DAYS AS A POLICE OFFICER.

# 4 MR. DARDEN:

YOUR HONOR, MAY THE RECORD REFLECT THAT I'M WITHDRAWING THE OBJECTION TO THAT QUESTION?

# 5 THE COURT:

NOTED.

# 6 Q:

BY MR. DOUGLAS: AND YOUR ANSWER TO THAT QUESTION IS, SIR?

# 7 A:

NO.

# 8 Q:

YOU WERE SUSPENDED FOR 30 DAYS WHILE YOU WERE WORKING AT THE ACADEMY; WERE YOU NOT?

# 9 A:

NO, I WAS NOT.

# 10 Q:

WASN'T THERE AN OCCASION, SIR, WHEN YOU CAME TO THE ACADEMY WITH ALCOHOL ON YOUR BREATH?

# 11 A:

YES, THERE WAS.

# 12 Q:

DIDN'T YOU RECEIVE A DISCIPLINE AS A RESULT OF THAT CONDUCT?

# 13 A:

YES, I DID.

# 14 Q:

WHAT WAS THAT DISCIPLINE?

# 15 A:

I RECEIVED 15 DAYS SUSPENSION.

# 16 Q:

WHAT YEAR WAS THAT?

# 17 A:

IT WAS 1988 I BELIEVE.

# 18 Q:

WHAT HAPPENS TO YOU, SIR, WHEN YOU GET INTOXICATED?

# 19 MR. DARDEN:

OBJECTION. IRRELEVANT, YOUR HONOR.

# 20 THE COURT:

SUSTAINED.

# 21 Q:

BY MR. DOUGLAS: WHEN YOU ARE UNDER THE INFLUENCE OF ALCOHOL, DOES IT TEND TO AFFECT YOUR ABILITY TO RECALL?

# 22 MR. DARDEN:

SAME OBJECTION, YOUR HONOR.

# 23 THE COURT:

SUSTAINED.

# 24 Q:

BY MR. DOUGLAS: ON JUNE 13TH, 1994, YOU WERE DRINKING AT MR. SIMPSON'S HOUSE --

# 25 A:

NO, I WAS NOT.

# 26 Q:

-- WEREN'T YOU? DO YOU RECALL, SIR, AN OCCASION WHEN YOU WERE SEATED -- WITHDRAWN. INSIDE MR. SIMPSON'S HOME, THERE IS A BAR AREA, ISN'T THERE?

# 27 A:

THAT IS CORRECT.

# 28 Q:

AND THE BAR AREA IS AN AREA WHERE THE T.V. CONSOLE IS ALSO SET UP, TRUE?

# 29 A:

THAT'S CORRECT.

# 30 Q:

AND WHEN YOU WERE PRESENT ON JUNE 13TH, THERE WERE OTHER MEMBERS, AS WE SAID, OF MR. SIMPSON'S FAMILY THAT WERE THERE AS WELL, TRUE?

# 31 A:

THAT'S CORRECT.

# 32 Q:

MR. SIMPSON'S SISTERS WERE THERE?

# 33 A:

RIGHT.

# 34 Q:

THERE WERE INDIVIDUALS SUCH AS JOE STELLINI THAT WAS THERE?

# 35 A:

RIGHT.

# 36 Q:

THERE WAS A PERSON BY THE NAME OF PETER BORT THAT WAS THERE?

# 37 A:

YES. PETER WAS THERE. THAT'S RIGHT.

# 38 Q:

AND YOU --

# 39 THE COURT:

HOW DO YOU SPELL BORT?

# 40 MR. DOUGLAS:

B-O-R-T I BELIEVE, YOUR HONOR.

# 41 THE COURT:

ALL RIGHT.

# 42 Q:

BY MR. DOUGLAS: AND THERE WAS AN OCCASION WHEN YOU WERE SEATED AT THE BAR AREA WITH MR. SIMPSON'S SISTER CARMELITA. DO YOU REMEMBER THAT?

# 43 A:

ON THIS PARTICULAR NIGHT?

# 44 Q:

YES.

# 45 A:

THE 13TH?

# 46 Q:

CORRECT.

# 47 A:

NO, I WAS NOT.

# 48 Q:

AND DO YOU REMEMBER, SIR, THAT WHILE YOU WERE SEATED NEAR THE BAR WITH MR. SIMPSON'S SISTER, SHE ASKED IF YOU WANTED A DRINK?

# 49 A:

WELL, YOU JUST ASKED ME --

# 50 MR. DARDEN:

OBJECTION, YOUR HONOR. ASSUMES A FACT NOT IN EVIDENCE; HE WAS SEATED AT THE BAR.

# 51 THE COURT:

SUSTAINED.

# 52 Q:

BY MR. DOUGLAS: LET ME TRY TO REFRESH YOUR RECOLLECTION. DO YOU RECALL A CONVERSATION WHERE SHE ASKED YOU IF YOU WANTED A DRINK AND YOU SAID, "NO, BUT I'LL HAVE A BEER"?

# 53 MR. DARDEN:

OBJECTION, YOUR HONOR. THE QUESTION IS VAGUE AS TO TIME.

# 54 THE COURT:

OVERRULED.

# 55 MR. DARDEN:

ASSUMES FACTS NOT IN EVIDENCE.

# 56 Q:

BY MR. DOUGLAS: YOU MAY ANSWER.

# 57 A:

I RECALL A CONVERSATION, BUT NOT ON THE 13TH.

# 58 Q:

OKAY. WHEN DO YOU RECALL THAT CONVERSATION HAVING OCCURRED?

# 59 A:

EITHER THE 14TH OR THE 15TH. I HAD NO DRINKS WHATSOEVER ON THE 13TH, NONE.

# 60 Q:

WHILE MR. SIMPSON WAS IN THE HOME AS WELL?

# 61 A:

PARDON ME?

# 62 Q:

THIS CONVERSATION THAT YOU HAD WITH CARMELITA WAS WHILE MR. SIMPSON WAS ALSO AT HIS HOME, CORRECT?

# 63 A:

NO, HE WAS NOT. HE LEFT TUESDAY MORNING.

# 64 Q:

BECAUSE MR. SIMPSON WASN'T HOME TUESDAY MORNING, TRUE?

# 65 A:

HE LEFT TUESDAY MORNING.

# 66 Q:

AND WHEN YOU WERE THERE DURING THE REST OF THE WEEK, WHAT SERVICE WERE YOU RENDERING?

# 67 A:

ASSISTANCE TO THE FAMILY.

# 68 Q:

WERE YOU ACTING AS LIKE SECURITY?

# 69 A:

NO. NOT AT ALL.

# 70 Q:

SO IT'S YOUR RECOLLECTION THAT THIS CONVERSATION THAT YOU HAD WITH CARMELITA AND YOU TOOK A BEER WAS NOT ON THE 13TH?

# 71 A:

IT WAS NOT ON THE 13TH.

# 72 Q:

AND WHAT DAY DO YOU RECALL THAT IT WAS?

# 73 A:

IT WAS EITHER THE 14TH OR THE 15TH. I WAS THERE EVERY DAY THAT WEEK.

# 74 Q:

NOW, WHEN YOU WERE UNDER THE INFLUENCE OF ALCOHOL, DO YOU HAVE OCCASION TO VISIT PEOPLE UNANNOUNCED?

# 75 A:

YEAH, I HAVE.

# 76 Q:

AND YOU HAVE WHILE UNDER THE INFLUENCE OF ALCOHOL VISITED PEOPLE UNANNOUNCED EVEN LAST YEAR, TRUE?

# 77 A:

LAST YEAR?

# 78 Q:

CORRECT.

# 79 A:

YOU HAVE TO REFRESH MY MEMORY ON THAT ONE.

# 80 Q:

LET ME TRY TO DO THAT.

# 81 MR. DARDEN:

BEFORE HE DOES THAT, YOUR HONOR, THERE'S A RELEVANCE OBJECTION.

# 82 THE COURT:

SUSTAINED. ACTUALLY NO. OVERRULED. HE'S TESTIFIED TO THE LENGTH AND BREATH OF ALCOHOL ABUSE.

KEY QUOTE

# 83 Q:

BY MR. DOUGLAS: WHEN YOU SAY, MR. SHIPP, THAT YOU DIDN'T HAVE A DRUG PROBLEM -- I AM SORRY -- AN ALCOHOL PROBLEM AFTER 1989, ARE YOU SAYING BY THAT THAT YOU HAVE NOT BEEN DRUNK SINCE 1989?

# 84 A:

NO. I'M SAYING -- TO ME, A DRINKING PROBLEM -- AND LET ME EXPLAIN THIS. YOU KNOW, WHEN I DID HAVE A DRINKING PROBLEM, I WAS THE ONE THAT TOLD MYSELF. ACCORDING TO ALL MY FRIENDS AND FAMILY, EVERYBODY WAS SHOCKED. IT WAS ME. IT WAS MY STANDARDS.

# 85 Q:

I RESPECT THAT. BUT MY QUESTION IS, YOU STILL HAVE GOTTEN DRUNK SINCE '89, HAVEN'T YOU?

# 86 A:

I'D SAY YES.

# 87 Q:

IN FACT, JULY OF 1994, YOU GOT DRUNK AND 1:00 O'CLOCK IN THE MORNING, YOU STARTED BANGING ON THE DOOR OF CATHY RANDA DISTURBING HER NEIGHBORS, DIDN'T YOU?

# 88 MR. DARDEN:

OBJECTION, YOUR HONOR. IRRELEVANT, BEYOND THE DATE OF THE MURDERS, BEYOND THE CONVERSATION HE HAD WITH DEFENDANT.

# 89 THE COURT:

SUSTAINED.

# 90 MR. DOUGLAS:

MAY I APPROACH, YOUR HONOR, TO LINK IT UP?

# 91 THE COURT:

IT'S WAY PAST THE DATES HERE.

# 92 MR. DOUGLAS:

YOUR HONOR, IT'S PART OF THE CONTINUING PATTERN I SUGGEST.

# 93 THE COURT:

BRIEFLY.

# 94 MR. DOUGLAS:

VERY WELL.

# 95 MR. DARDEN:

I'M SORRY. DID YOU SAY WE'RE GOING TO SIDEBAR?

# 96 THE COURT:

NO.

# 97 Q:

BY MR. DOUGLAS: YOU DO RECALL THAT INCIDENT; DO YOU NOT?

# 98 A:

OH, YES, I DO.

# 99 Q:

IT WAS 1:00 O'CLOCK IN THE MORNING?

# 100 A:

YEAH. ROUGHLY AROUND THERE.

# 101 Q:

YOU CREATED A DISTURBANCE?

# 102 A:

NO, I DID NOT.

# 103 Q:

NEIGHBORS HAD TO COME OUT TO RESTRAIN YOU?

# 104 A:

THE NEIGHBORS WERE ALREADY OUT WHEN I GOT THERE.

# 105 Q:

ISN'T IT TRUE, MR. SHIPP, THAT AS A RESULT OF YOUR BANGING ON MISS RANDA'S DOORS, HER NEIGHBORS CAME OUT OUT OF CONCERN?

# 106 A:

NO. THEY WERE ALREADY -- CATHY HAD TOLD ME THEY HAD BEEN WATCHING OUT FOR HER THE WHOLE WEEK BECAUSE ALL OF THE DIFFERENT NEWS PEOPLE WERE TRYING TO HANG OUT AND BOTHER HER.

# 107 Q:

NOW, WHEN YOU WERE DRUNK IN JULY OF 1994, WAS THAT A RESULT OF THE TURMOIL THAT YOU TALKED ABOUT YESTERDAY?

# 108 A:

JUST ABOUT EVERYBODY WHO CAME TO THAT HOUSE WAS DRUNK DURING THE TIME.

KEY QUOTE

# 109 Q:

AND YOU WERE DRUNK AGAIN ON ANOTHER OCCASION WHEN YOU CAME BY MISS RANDA'S HOME, ISN'T THAT TRUE, IN AUGUST OF '94?

# 110 MR. DARDEN:

YOUR HONOR, OBJECTION.

# 111 RON SHIPP:

AUGUST OF '94?

# 112 THE COURT:

LET'S APPROACH THE SIDEBAR.

Temperature

tense

Key Quotes (4)

Ronald Shipp

I HAD NO DRINKS WHATSOEVER ON THE 13TH, NONE.

Flat denial of drinking on the critical day after the murders, directly contradicting the defense's implicit suggestion that his memory of that night — including the dream conversation with Simpson — was alcohol-impaired.

Ronald Shipp

TO ME, A DRINKING PROBLEM — AND LET ME EXPLAIN THIS. YOU KNOW, WHEN I DID HAVE A DRINKING PROBLEM, I WAS THE ONE THAT TOLD MYSELF. ACCORDING TO ALL MY FRIENDS AND FAMILY, EVERYBODY WAS SHOCKED. IT WAS ME. IT WAS MY STANDARDS.

Shipp tries to reframe his alcohol history on his own terms, but the admission that he set his own bar for sobriety undercuts his credibility and opens the door to further impeachment.

Ronald Shipp

JUST ABOUT EVERYBODY WHO CAME TO THAT HOUSE WAS DRUNK DURING THE TIME.

Deflection when asked about his July 1994 intoxication — reveals the chaotic emotional atmosphere at Simpson's home post-arrest but does not actually deny the incident.

Lance A. Ito

SUSTAINED. ACTUALLY NO. OVERRULED. HE'S TESTIFIED TO THE LENGTH AND BREATH OF ALCOHOL ABUSE.

Ito reverses himself mid-ruling, signaling that Shipp's own direct testimony opened the door to broad impeachment on his drinking history.

Evidence (2)

Informal

LAPD disciplinary record — 15-day suspension in 1988 for coming to the academy with alcohol on his breath

discussed

Informal

July 1994 late-night incident at Cathy Randa's home — Shipp allegedly arrived drunk at 1:00 a.m. and banged on her door

challenged

Notable Exchanges (3)

Carl Douglas•Ronald Shipp

Douglas tries to pin Shipp as drinking at Simpson's home on June 13, asking about a conversation with Simpson's sister Carmelita where Shipp allegedly said 'No, but I'll have a beer.' Shipp insists the conversation happened on the 14th or 15th, not the 13th, and denies drinking that critical night.

strategic

Carl Douglas•Ronald Shipp•Christopher Darden

Douglas introduces the July 1994 Cathy Randa incident; Darden objects as irrelevant beyond the murder dates. Douglas argues it shows a 'continuing pattern.' Ito sustains, but Douglas gets Shipp to confirm the incident occurred and that he was drunk.

heated

Carl Douglas•Lance A. Ito

Ito interrupts cross to ask how to spell the name 'Bort' (Peter Bort, a person present at Simpson's home). A brief procedural pause in an otherwise aggressive examination.

procedural

Light Moments (1)

Lance A. Ito

Judge Ito interrupts the cross-examination to ask Carl Douglas how to spell the name 'Bort,' prompting Douglas to spell it out: 'B-O-R-T I BELIEVE, YOUR HONOR.'

Credibility Attacks (2)

⚔ Ronald Shipp

prior bad acts / impeachment by conduct

Douglas establishes a 15-day LAPD suspension in 1988 for coming to work drunk, extracts an admission that Shipp continued getting drunk after claiming sobriety in 1989, and introduces a July 1994 incident where Shipp showed up drunk at Cathy Randa's home at 1:00 a.m. The cumulative goal is to undermine the reliability of Shipp's account of his June 13 conversation with Simpson about the dream.

⚔ Ronald Shipp

prior inconsistent statement (implicit)

Douglas attempts to establish Shipp was drinking on June 13 at Simpson's bar area — directly contradicting Shipp's flat denial — by referencing a conversation with Simpson's sister Carmelita about getting a beer. Shipp insists the conversation happened on a later date.

Objections

6 objections (4 sustained, 1 overruled)

Proceeding 4529 • 112 utterances • Prosecution witness

Criminal Trial

Department 103