Direct examination of Michael Stevens

📄 Direct examination of Michael Stevens — Thursday, February 2, 1995

Address:

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

TRIAL

▲ Day 11 of 167

◀ Witness sworn Cross-examination of Michael Stevens ▶

Witness: Mike Stevens
Examiner: Christopher Darden
Called by: Prosecution • Date: Thursday, February 2, 1995 • Utterances: 146

DA investigator Michael Stevens testified about executing a search warrant to drill open Nicole Brown Simpson's safe deposit box at Union Bank on San Vicente Boulevard on December 6, 1994. Inside, he found three Polaroid photographs showing Nicole's injuries, two or three handwritten letters, a sealed envelope containing Nicole's will dated September 30, 1990, and a newspaper clipping about OJ Simpson purchasing a Laguna Beach home. The photographs, letters, and will were displayed to the jury via ELMO projector.

# 1

DIRECT EXAMINATION

# 2

BY MR. DARDEN:

# 3 Q:

MR. STEVENS, WHAT IS YOUR PRESENT OCCUPATION AND ASSIGNMENT?

# 4 A:

SENIOR INVESTIGATOR FOR THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE, BUREAU OF INVESTIGATION, CURRENTLY ASSIGNED TO THE MAJOR CRIMES INVESTIGATION SECTION.

# 5 Q:

WERE YOU ON DUTY ON DECEMBER 6, 1994?

# 6 A:

YES.

# 7 Q:

AND ON THAT DAY WERE YOU ARMED WITH A SEARCH WARRANT?

# 8 A:

YES, I WAS.

# 9 Q:

AND DID THAT SEARCH WARRANT AUTHORIZE YOU TO DRILL A HOLE IN A SAFE DEPOSIT BOX AT UNION BANK?

# 10 A:

YES.

# 11 Q:

AND THAT UNION BANK IS LOCATED ON SAN VICENTE BOULEVARD; IS THAT CORRECT?

# 12 A:

YES 11661 SAN VICENTE.

# 13 Q:

OKAY. IS THERE -- STRIKE THAT. IS THERE A BUSINESS CALLED ORENTHAL PRODUCTIONS LOCATED IN THAT SAME BUILDING?

# 14 A:

YES.

# 15 Q:

SO YOU WENT TO UNION BANK WITH A SEARCH WARRANT?

# 16 A:

YES.

# 17 Q:

AND WHAT DID THE SEARCH WARRANT AUTHORIZE YOU TO DO?

# 18 A:

TO REMOVE THE SAFE DEPOSIT BOX, ACTUALLY DRILL IT OPEN AND OPEN IT AND SEIZE WHAT PROPERTY WAS INSIDE OF IT.

# 19 Q:

OKAY. AND DID YOU DO THAT?

# 20 A:

YES, I DID.

# 21 Q:

AND DID YOU EXAMINE THE CONTENTS OF THAT SAFE DEPOSIT BOX?

# 22 A:

YES.

# 23 Q:

WHOSE SAFE DEPOSIT BOX WAS IT?

# 24 A:

NICOLE BROWN SIMPSON.

KEY QUOTE

# 25 Q:

OKAY. AND DID YOU REMOVE CERTAIN ITEMS FROM THAT SAFE DEPOSIT BOX?

# 26 A:

YES, I DID.

# 27 MR. DARDEN:

MAY I APPROACH, YOUR HONOR?

# 28 THE COURT:

YOU MAY.

# 29 Q:

BY MR. DARDEN: SHOWING YOU A POLAROID PHOTOGRAPH THAT HAS BEEN MARKED EXHIBIT 10, PEOPLE'S 10 FOR IDENTIFICATION, DO YOU RECOGNIZE THAT PHOTOGRAPH?

# 30 A:

YES.

# 31 Q:

IS THAT A PHOTOGRAPH YOU REMOVED FROM NICOLE BROWN'S SAFE DEPOSIT BOX?

# 32 A:

YES, IT IS.

# 33 Q:

SHOWING YOU EXHIBIT 9, PEOPLE'S EXHIBIT 9, THAT IS A POLAROID PHOTOGRAPH, CORRECT?

# 34 A:

YES.

# 35 Q:

DID YOU REMOVE THAT POLAROID FROM NICOLE BROWN'S SAFE DEPOSIT BOX?

# 36 A:

YES, I DID.

# 37 Q:

AND SHOWING YOU WHAT HAS BEEN MARKED AS PEOPLE'S 11, THAT IS A POLAROID PHOTOGRAPH?

# 38 A:

YES.

# 39 Q:

AND WAS THAT PHOTOGRAPH CONTAINED IN NICOLE BROWN'S SAFE DEPOSIT BOX?

# 40 A:

YES, IT WAS.

# 41 Q:

NOW, EACH OF THOSE PHOTOGRAPHS DEPICT THE FACE OF SOMEONE; IS THAT CORRECT?

# 42 A:

THAT'S CORRECT.

# 43 Q:

AND IS THAT THE FACE OF SOMEONE YOU ARE FAMILIAR WITH OR A FACE THAT YOU ARE FAMILIAR WITH?

# 44 A:

YES.

# 45 Q:

WHO IS DEPICTED IN EACH OF THOSE PHOTOGRAPHS?

# 46 A:

NICOLE BROWN SIMPSON.

KEY QUOTE

# 47 Q:

WERE THERE OTHER ITEMS INSIDE THE SAFE DEPOSIT BOX?

# 48 A:

YES, THERE WAS.

# 49 MR. DARDEN:

YOUR HONOR, I AM HOLDING IN MY HAND THAT WHICH APPEARS TO BE A NINE-PAGE DOCUMENT DATED SEPTEMBER 30, 1990. MAY IT BE MARKED PEOPLE'S 14?

# 50 MR. DOUGLAS:

NO, YOUR HONOR, 16.

# 51 THE COURT:

HOLD ON. LET ME GET THE FINAL WORD. 16? 16.

# 52 (PEO'S 16 FOR ID = 9-PG WILL/9-30-90)

# 53 MR. DARDEN:

THIS IS A WILL DATED SEPTEMBER 30, 1990, YOUR HONOR.

# 54 Q:

SHOWING YOU WHAT HAS BEEN MARKED PEOPLE'S 16, DO YOU RECOGNIZE THAT ITEM?

# 55 A:

YES, I DO.

# 56 Q:

IS THAT AN ITEM THAT YOU FOUND IN NICOLE BROWN'S SAFE DEPOSIT BOX?

# 57 A:

YES, IT WAS IN A SEALED ENVELOPE THAT WAS CONTAINED INSIDE THE SAFE DEPOSIT BOX.

KEY QUOTE

# 58 Q:

IF I CAN HAND YOU THE ENVELOPE -- YOUR HONOR, MAY THE ENVELOPE BE MARKED AND INCLUDED IN PEOPLE'S 16?

# 59 THE COURT:

16-A. THE ENVELOPE WILL BE MARKED 16-A, MADAM CLERK.

# 60 (PEO'S 16-A FOR ID = ENVELOPE)

# 61 Q:

BY MR. DARDEN: THE ENVELOPE THAT I JUST HANDED YOU, 16-A, IS THAT THE ENVELOPE?

# 62 A:

YES, IT IS.

# 63 Q:

THE ENVELOPE WAS SEALED?

# 64 A:

YES.

# 65 MR. DARDEN:

YOUR HONOR, I AM HOLDING IN MY HAND WHAT APPEARS TO BE A HANDWRITTEN LETTER THAT CONSISTS OF SIX PAGES AND IT INCLUDES AN ENVELOPE. MAY IT BE MARKED PEOPLE'S 17 COLLECTIVELY?

# 66 THE COURT:

ALL RIGHT. PEOPLE'S 17.

# 67 (PEO'S 17 FOR ID = 6-PG HNDWRTN LTR/ENV)

# 68 MR. DARDEN:

MAY I HAVE ONE MOMENT?

# 69 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. DARDEN AND MR. FAIRTLOUGH.)

# 70 Q:

BY MR. DARDEN: SHOWING YOU THE ITEMS MARKED PEOPLE'S 17 COLLECTIVELY, MR. STEVENS, DO YOU RECOGNIZE THESE ITEMS?

# 71 MR. COCHRAN:

MAY I APPROACH?

# 72 THE COURT:

YES. COUNSEL MAY APPROACH WITHOUT LEAVE OF THE COURT ONE AT A TIME FROM EITHER SIDE.

# 73 MIKE STEVENS:

YES, I DO.

# 74 Q:

BY MR. DARDEN: WHEN WAS THE FIRST TIME YOU SAW THE LETTER MARKED PEOPLE'S 17?

# 75 A:

DECEMBER 6, WHEN I OPENED UP THE SAFE DEPOSIT BOX.

# 76 MR. DARDEN:

YOUR HONOR, IF I MAY, MAY I DISPLAY THE LETTER FOR THE JURY?

# 77 MR. COCHRAN:

I THINK I HAVE NO OBJECTION. MAY I JUST LOOK AT IT ONE SECOND, YOUR HONOR?

# 78 THE COURT:

SURE.

# 79 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 80 THE COURT:

MR. DARDEN, DO WE NEED THE ELMO FOR THIS OR DO WE HAVE THIS ON THE LASER DISK?

# 81 MR. DARDEN:

WE NEED THE ELMO FOR THIS.

# 82 MR. COCHRAN:

I HAVE NO OBJECTION, YOUR HONOR, TO THESE BEING SHOWN.

# 83 THE COURT:

ALL RIGHT.

# 84 MR. FAIRTLOUGH:

ONE, PLEASE.

# 85 MR. DARDEN:

THIS IS THE ENVELOPE INCLUDED IN PEOPLE'S 17, YOUR HONOR, PAGE 1. MAY I READ THE LETTER INTO THE RECORD, YOUR HONOR?

# 86 MR. COCHRAN:

THE LETTER SPEAKS FOR ITSELF, YOUR HONOR.

# 87 THE COURT:

I THINK THE SCRIPT -- IT APPEARS TO BE -- LET ME ASK THE JURY. CAN YOU READ THE LETTER, LADIES AND GENTLEMEN?

# 88 (THE JURY ANSWERED COLLECTIVELY IN THE AFFIRMATIVE.)

# 89 THE COURT:

I'M GETTING NODS EVEN FROM THE END OF THE JURY BOX. ALL RIGHT. WE WILL LET THEM READ THE LETTER TO THEMSELVES.

KEY QUOTE

# 90 (BRIEF PAUSE.)

# 91 THE COURT:

PAGE 2.

# 92 MR. DARDEN:

PAGE 3, YOUR HONOR.

# 93 THE COURT:

PAGE 3.

# 94 MR. DARDEN:

PAGE 4. NEXT HALF. NEXT PAGE, PAGE 5. NEXT HALF. PAGE 6.

# 95 MR. DARDEN:

YOUR HONOR, I HAVE ANOTHER TWO-PAGE LETTER. MAY IT BE MARKED PEOPLE'S 18?

# 96 THE COURT:

ALL RIGHT. PEOPLE'S 18, TWO-PAGE LETTER.

# 97 (PEO'S 18 FOR ID = 2-PG LTR/ENVELOPE)

# 98 MR. DARDEN:

I ALSO HAVE ANOTHER TWO-PAGE LETTER. MAY IT BE MARKED PEOPLE'S 19?

# 99 (PEO'S 19 FOR ID = 2-PG LETTER)

# 100 Q:

BY MR. DARDEN: MR. STEVENS, SHOWING YOU PEOPLE'S 18, WAS THAT LETTER CONTAINED IN NICOLE BROWN'S SAFE DEPOSIT BOX?

# 101 A:

YES, IT WAS.

# 102 Q:

THIS LETTER MARKED PEOPLE'S 18, AS WELL AS THE LETTER MARKED 17, WERE BOTH CONTAINED IN THE SAFE DEPOSIT BOX?

# 103 A:

YES.

# 104 Q:

ALONG WITH THOSE THREE PHOTOGRAPHS?

# 105 A:

YES.

# 106 MR. DARDEN:

MAY I DISPLAY PEOPLE'S 18 FOR THE JURY, YOUR HONOR?

# 107 THE COURT:

MR. COCHRAN?

# 108 MR. COCHRAN:

I HAVE NO OBJECTION, YOUR HONOR.

# 109 THE COURT:

ALL RIGHT.

# 110 MR. FAIRTLOUGH:

IF I MAY HAVE A MOMENT TO REMOVE THIS PARTICULAR LETTER FROM THE PLASTIC TO ENABLE BETTER VISION.

# 111 THE COURT:

ALL RIGHT.

# 112 (BRIEF PAUSE.)

# 113 MR. DARDEN:

SECOND HALF. PAGE 2.

# 114 Q:

BY MR. DARDEN: MR. STEVENS, SHOWING YOU PEOPLE'S 19, THIS IS A TWO-PAGE LETTER; IS THAT CORRECT?

# 115 A:

YES.

# 116 Q:

WAS THAT LETTER IN NICOLE BROWN'S SAFE DEPOSIT BOX?

# 117 A:

YES.

# 118 MR. DARDEN:

PAGE 2. SECOND HALF.

# 119 THE COURT:

MR. DARDEN.

# 120 Q:

BY MR. DARDEN: NOW, MR. STEVENS, THE POLAROID PHOTOGRAPHS, EXHIBITS 9, 10 AND 11, YOU TESTIFIED THAT EACH OF THOSE PHOTOGRAPHS DEPICT OR SHOW NICOLE BROWN?

# 121 A:

YES.

# 122 Q:

DO THEY SHOW INJURIES TO HER?

# 123 A:

YES, THEY DO.

# 124 Q:

THAT IS ON EACH OF THE PHOTOGRAPHS?

# 125 A:

YES.

# 126 MR. DARDEN:

YOUR HONOR, I'M HOLDING HERE WHAT APPEARS TO BE A PORTION OF A NEWSPAPER ARTICLE. MAY IT BE MARKED PEOPLE'S 20?

# 127 THE COURT:

PEOPLE'S 20.

# 128 (PEO'S 20 FOR ID = "HOT PROPERTY" NWSPPR ARTICLE)

# 129 MR. DARDEN:

IT IS ENTITLED "HOT PROPERTY O.J. SIMPSON BUYS LAGUNA BEACH HOME."

# 130 Q:

DO YOU RECOGNIZE THAT SMALL PIECE OF NEWSPAPER, SIR?

# 131 A:

YES.

# 132 Q:

WAS THAT ALSO IN NICOLE BROWN'S SAFE DEPOSIT BOX?

# 133 A:

YES, IT WAS.

# 134 Q:

THERE WERE OTHER ITEMS IN THAT BOX AS WELL; IS THAT CORRECT?

# 135 A:

YES.

# 136 Q:

HAVE YOU MADE ANY ATTEMPT TO DETERMINE THE DATE IN WHICH EACH OF THOSE POLAROID PHOTOGRAPHS WERE TAKEN?

# 137 A:

YES, I DID.

# 138 Q:

WHAT DID YOU DO IN THAT REGARD?

# 139 A:

I TOOK THE PHOTOGRAPHS TO POLAROID CORPORATION IN SANTA ANA.

# 140 Q:

AND WHY DID YOU TAKE THEM THERE?

# 141 A:

THERE WAS NUMBER ON THE BACK OF THE PHOTOS. I CONTACTED POLAROID. THEY TOLD ME THAT THEY COULD DATE THEM.

# 142 MR. COCHRAN:

JUST ONE MOMENT. HEARSAY WHAT THEY TOLD HIM. AN OFFER OF PROOF, YOUR HONOR? IF COUNSEL WANTS TO TALK ABOUT IT, I WILL BE GLAD TO LISTEN.

# 143 THE COURT:

ALL RIGHT. STRICKEN AFTER TAKING THE POLAROIDS. NEXT QUESTION.

# 144 Q:

BY MR. DARDEN: I'M SORRY, WHY DID YOU TAKE THEM TO POLAROID, WITHOUT TELLING US WHAT POLAROID TOLD YOU?

# 145 A:

TO DATE THE PHOTOGRAPHS.

# 146 MR. DARDEN:

THANK YOU. THAT'S ALL I HAVE.

Temperature

procedural

Key Quotes (4)

Michael Stevens

NICOLE BROWN SIMPSON.

Identifies the subject of the injury photographs found locked in her own safe deposit box — items she clearly chose to preserve.

Michael Stevens

YES, THEY DO.

Confirms all three Polaroid photographs (Exhibits 9, 10, 11) show injuries to Nicole Brown Simpson's face.

Michael Stevens

YES, IT WAS IN A SEALED ENVELOPE THAT WAS CONTAINED INSIDE THE SAFE DEPOSIT BOX.

Nicole's will was sealed and locked away, suggesting deliberate preservation of important documents in a secure location.

Lance A. Ito

I'M GETTING NODS EVEN FROM THE END OF THE JURY BOX.

Confirms the jury could read the handwritten letter directly — the content was presented without being read aloud into the record.

Evidence (8)

People's 9

Polaroid photograph of Nicole Brown Simpson showing injuries to her face

introduced

People's 10

Polaroid photograph of Nicole Brown Simpson showing injuries to her face

introduced

People's 11

Polaroid photograph of Nicole Brown Simpson showing injuries to her face

introduced

People's 16 / 16-A

Nicole Brown Simpson's nine-page will dated September 30, 1990, in its original sealed envelope

introduced

People's 17

Six-page handwritten letter with envelope, found in Nicole's safe deposit box

introduced, displayed to jury via ELMO

People's 18

Two-page letter with envelope, found in Nicole's safe deposit box

introduced, displayed to jury via ELMO

+ 2 more

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran objected on hearsay grounds when Stevens was about to relay what Polaroid Corporation told him about dating the photographs. Ito sustained it and struck the testimony, then allowed Darden to rephrase asking only why Stevens went to Polaroid, not what they said.

strategic

Christopher Darden•Lance A. Ito•Jury

Rather than having the handwritten letter read into the record, Ito asked the jury directly if they could read it themselves — and got nods from the full jury box, including the far end. The letter was displayed page by page on the ELMO.

revealing

Light Moments (2)

Carl Douglas / Lance A. Ito

Exhibit numbering confusion — Darden called it People's 14, Carl Douglas corrected him to 16, and Ito had to referee before accepting 16.

Lance A. Ito

Ito noted with mild amusement: 'I'm getting nods even from the end of the jury box' when confirming jurors could read Nicole's handwritten letter.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4584 • 146 utterances • Prosecution witness

Criminal Trial

Department 103