Witness excused

📄 Witness excused — Thursday, February 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\2\WITNESS-EXCUSED.DOC

TRIAL

▲ Day 11 of 167

◀ Recross-examination of Ronald Shipp (part 2) Witness sworn ▶

Date: Thursday, February 2, 1995 • Utterances: 126

Out of jury's presence, Darden previews evidence from Nicole Brown Simpson's safe deposit box to be introduced through DA Investigator Mike Stevens: Polaroid photographs (People's 9-11) depicting injuries from the January 1, 1989 beating, OJ Simpson letters (handwriting stipulated by defense), and a newspaper clipping about OJ buying a Laguna Beach home. Judge Ito sustains Cochran's hearsay objection to 1989 newspaper articles about the beating and arraignment, though the photographs and letters are cleared for admission. A side dispute erupts over Nicole's 1990 holographic will — Darden declines to offer it, Cochran wants to offer it for the defense, and Ito allows it marked for identification pending an admissibility argument.

# 1 THE COURT:

MR. DARDEN, YOUR NEXT WITNESS.

# 2 MR. DARDEN:

YOUR HONOR, THAT IS GOING TO TAKE A COUPLE OF MOMENTS. WE MAY HAVE SOME SIDE BAR ISSUES.

# 3 THE COURT:

ALL RIGHT. LET ME ASK THE JURORS TO STEP BACK INTO THE JURY ROOM THEN. WHY DON'T YOU GET YOUR WITNESS STARTED, HOWEVER.

# 4 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 5 THE COURT:

ALL RIGHT. THE RECORD SHOULD REFLECT THAT THE JURY HAS WITHDRAWN FROM THE COURTROOM. MR. DARDEN, WHO IS YOUR NEXT WITNESS?

# 6 MR. DARDEN:

THE NEXT WITNESS WILL BE SENIOR D.A. INVESTIGATOR MIKE STEVENS. HE IS THE INVESTIGATOR THAT RETRIEVED CERTAIN ITEMS FROM NICOLE BROWN'S SAFE DEPOSIT BOX. I DON'T KNOW THAT COUNSEL HAS EVER SEEN THE ORIGINALS OF THE ITEMS CONTAINED THEREIN AND I INTEND TO INTRODUCE MUCH -- MANY OF THOSE ITEMS.

# 7 THE COURT:

ALL RIGHT. DO YOU HAVE THESE ITEMS HERE?

# 8 MR. DARDEN:

DO YOU HAVE THE ITEMS?

# 9 THE COURT:

ALL RIGHT. THIS IS MR. STEVENS, I TAKE IT?

# 10 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. DARDEN AND INVESTIGATOR STEVENS.)

# 11 MR. DARDEN:

CAN WE TAKE A BRIEF RECESS?

# 12 THE COURT:

FOR WHAT PURPOSE? TO EXAMINE THE CONTENTS THERE AND SHOW THEM TO COUNSEL?

# 13 MR. DARDEN:

YEAH, AND TO SEE IF WE CAN'T REACH SOME COMPROMISE ON SOME OF THE ITEMS, WHICH I DOUBT, BUT IT MIGHT SAVE SOME TIME.

# 14 THE COURT:

WELL, THE ONLY DIFFERENCE IS I WANDER INTO THE BACK THERE, SO WHY DON'T YOU PULL IT OUT AND SHOWN IT TO COUNSEL. MAYBE IF I STAY HERE IT WILL GO QUICKER.

# 15 MR. COCHRAN:

CAN THERE BE CUT OFF, THIS MICROPHONE?

# 16 THE COURT:

AH, I UNDERSTAND.

# 17 MR. COCHRAN:

YOU SEE WHAT I'M SAYING, YOUR HONOR?

# 18 THE COURT:

YES, I UNDERSTAND. ALL RIGHT. WE WILL TAKE A RECESS, MR. DARDEN.

# 19 MR. COCHRAN:

I DON'T MIND, IF WE CAN JUST MOVE SOMEPLACE AWAY FROM HERE.

# 20 MR. DARDEN:

THERE IS A LOT OF STUFF. THERE ARE TEN OR TWELVE ITEMS. THINGS LIKE NEWSPAPERS FROM 1989.

# 21 MR. COCHRAN:

WHY DON'T WE STEP OVER THERE.

# 22 THE COURT:

ALL RIGHT. STEP OVER HERE TO THE SIDE BAR.

# 23 (BRIEF PAUSE.)

# 24 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

# 25 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 26 THE COURT:

ALL RIGHT. BACK ON THE RECORD. ALL RIGHT. THE RECORD SHOULD REFLECT THAT THE PROSECUTING ATTORNEY, MR. DARDEN, HAS DISPLAYED TO THE COURT AND DEFENSE COUNSEL CERTAIN ITEMS OF EVIDENCE THAT ARE -- AND IT IS YOUR OFFER, MR. DARDEN, THAT THESE CAME FROM A SAFE DEPOSIT BOX BELONGING TO NICOLE BROWN SIMPSON?

# 27 MR. DARDEN:

THAT'S CORRECT, YOUR HONOR, AND THEY WERE SEIZED BY A D.A. INVESTIGATOR ON DECEMBER 6, 1994. THERE WERE A NUMBER OF ITEMS INCLUDED IN THE SAFE DEPOSIT BOX, INCLUDING A WILL DATED IN JANUARY 1990.

# 28 THE COURT:

A WILL?

# 29 MR. DARDEN:

A WILL.

# 30 THE COURT:

1990. OKAY. ARE YOU GOING TO BE OFFERING THAT WILL?

# 31 MR. DARDEN:

NO, YOUR HONOR. I AM, HOWEVER, GOING TO BE OFFERING THREE POLAROID PHOTOGRAPHS THAT HAVE ALREADY BEEN MARKED EARLIER PEOPLE'S 9, 10 AND 11.

# 32 THE COURT:

ALL RIGHT.

# 33 MR. DARDEN:

I AM ALSO GOING TO BE OFFERING SOME NEWSPAPERS, OLD NEWSPAPERS THAT WERE ALSO FOUND IN THE SAFE DEPOSIT BOX. THEY ARE ALL FROM THE YEAR 1989. ALL BUT ONE PIECE CONTAINS NEWS STORIES REGARDING THE BEATING THAT OCCURRED ON JANUARY 1, 1989, THE FACT THAT THE L.A. CITY ATTORNEY FILED CHARGES AGAINST THE DEFENDANT, AND I BELIEVE THE PLEA. I'M SORRY, THEY ALSO ANNOUNCED THE ARRAIGNMENT IN THESE NEWSPAPERS. I THINK THESE ARE RELEVANT BECAUSE THEY HELP TO DATE THE PHOTOGRAPHS CONTAINED WITHIN THE SAFE DEPOSIT BOX. IT APPEARS TO US THAT WHAT NICOLE BROWN WAS DOING IS LEAVING A TRAIL FOR US, SOME INDICATION AS TO WHAT HAPPENED BACK ON JANUARY 1, 1989. I EXPECT THAT AS WE PROCEED THROUGH THE TRIAL OTHERS WILL STEP FORWARD AND MAY TESTIFY TO HAVING SEEN THESE SPECIFIC PHOTOGRAPHS BEFORE, IF NOT OTHERS, THAT DEPICT OTHER BRUISES OR INJURIES SUFFERED BY NICOLE BROWN ON JANUARY 1, 1989.

# 34 THE COURT:

MR. DARDEN, WHAT IS THE OFFER OF PROOF THAT YOU ARE GOING TO MAKE TO THE COURT REGARDING MR. STEVENS' TESTIMONY REGARDING THE PROXIMITY OF THOSE PHOTOS TO THE NEWSPAPERS THAT YOU HAVE THERE?

# 35 MR. DARDEN:

THEY ARE IN THE SAME SAFE DEPOSIT BOX, YOUR HONOR.

INVESTIGATOR STEVENS: YES.

# 36 THE COURT:

ALL RIGHT.

# 37 MR. DARDEN:

THERE IS ANOTHER ITEM, IT IS NOT DATED, IT IS FROM THE REAL ESTATE SECTION APPARENTLY FROM THE L.A. TIMES. THIS SMALL ARTICLE IS ENTITLED O.J. SIMPSON BUYS LAGUNA BEACH HOME," AND I THINK THIS IS RELEVANT OR IT WILL BECOME RELEVANT AS TIME GOES ON AS WE CALL MR. AGUILERA TO THE STAND TO TESTIFY AS TO HAVING SEEN THE DEFENDANT STRIKE NICOLE BROWN WITH AN OPEN HAND AT VICTORIA BEACH.

# 38 THE COURT:

BUT -- ALL RIGHT. IS THERE ANY OBJECTION TO ANY OF THESE ITEMS?

# 39 MR. COCHRAN:

YES. I AM JUST WAITING FOR HIM TO FINISH.

# 40 MR. DARDEN:

OKAY.

# 41 THE COURT:

ARE THOSE THE ITEMS THAT YOU ARE GOING TO OFFER, MR. DARDEN?

# 42 MR. DARDEN:

WELL, WE WILL BE OFFERING THREE LETTERS SEIZED FROM THE SAME SAFE DEPOSIT BOX AND THE DEFENSE HAS ALREADY STIPULATED THAT THE DEFENDANT WROTE THOSE LETTERS, BUT WE WILL OFFER THOSE AS WELL.

# 43 THE COURT:

ALL RIGHT.

# 44 MR. DARDEN:

I SHOULD INDICATE THAT THERE IS A PLANE TICKET TO NEW YORK IN NICOLE BROWN'S NAME FROM 1979.

INVESTIGATOR STEVENS: '78.

# 45 MR. DARDEN:

FROM 1978 THAT IS ALSO CONTAINED IN THE SAFE DEPOSIT BOX. I DON'T INTEND TO OFFER THAT.

# 46 THE COURT:

OKAY. ALL RIGHT. LET ME START AT THE TOP. MR. COCHRAN, DO YOU HAVE ANY OF THESE ITEMS THAT YOU HAVE NO OBJECTION TO?

# 47 MR. COCHRAN:

YES, YOUR HONOR. I HAVE NO OBJECTION TO -- NO. 1, IF HE IS NOT GOING TO OFFER THE WILL OF SEPTEMBER 30, 1990, WHICH IS HOW MANY PAGES? EIGHT PAGES PLUS A RIDER, WE WOULD OFFER THE WILL. WE THINK THAT IS RELEVANT. AND I WOULD NOT OFFER THE TRAVELER'S INDEMNITY INSURANCE COVERAGE BECAUSE I DON'T THINK IT IS APPROPRIATE TO HAVE MR. SIMPSON'S ASSETS PUBLICLY DISPLAYED. WITH REGARD TO THE NEWSPAPERS, YOUR HONOR, ALL THE NEWSPAPERS THAT RELATE TO THIS PARTICULAR INCIDENT OF JANUARY 1ST, 1989, I OBJECT. THIS IS ALL HEARSAY. THAT DOESN'T HELP US AT ALL. IT IS HEARSAY. IT IS SOME PARTICULAR WRITER'S VERSION OF EVENTS THAT ARE AT ARRAIGNMENT OR WHAT WAS COMING UP AND THAT IS HEARSAY AND SHOULD BE KEPT OUT. THERE IS NO EXCEPTION TO WITH REGARD TO THESE PHOTOGRAPHS. IF I COULD HAVE JUST A MOMENT TO TALK TO COUNSEL.

# 48 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

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

# 50 MR. COCHRAN:

YOUR HONOR, WITH REGARD TO THESE THREE PHOTOGRAPHS, MR. DARDEN MADE A REPRESENTATION TO ME THAT IT IS HIS BELIEF THESE PHOTOGRAPHS ALL RELATE TO THE JANUARY 1ST, '89. I TOLD HIM THAT IF THERE IS GOING TO BE TESTIMONY, HE INDICATES DENISE BROWN WOULD BE THE PERSON WHO WOULD PERHAPS SO TESTIFY, IF THERE IS TESTIMONY IN THAT REGARD, WE PERHAPS WILL NOT OBJECT TO THEM IF THEY RELATE TO THAT PARTICULAR TIME. WE DON'T NEED THE NEWSPAPERS FOR THAT PARTICULAR THING, IT SEEMS TO ME. WE DON'T HAVE AN OBJECTION TO THE O.J. SIMPSON BUYS LAGUNA BEACH HOME.

# 51 THE COURT:

HOW ABOUT THE THREE LETTERS?

# 52 MR. COCHRAN:

THE THREE LETTERS, I PREVIOUSLY INDICATED TO COUNSEL THAT I WOULD STIPULATE THOSE LETTERS WERE WRITTEN BY MR. SIMPSON'S HANDWRITING.

# 53 THE COURT:

ALL RIGHT.

# 54 MR. COCHRAN:

WOULD THE COURT LIKE TO HEAR MORE ARGUMENT REGARDING THESE NEWSPAPER ARTICLES?

# 55 THE COURT:

NO.

# 56 MR. DARDEN:

YOUR HONOR, WITH REGARD TO THE NEWSPAPER ARTICLES, MY ONLY CONCERN REALLY IS THE DATE -- ARE THE DATES, AND WE COULD SIMPLY REDACT A LOT OF THE STUFF FROM THE NEWSPAPER, YOU KNOW, INCLUDING THE ARTICLES ABOUT MR. SIMPSON BEATING UP NICOLE OR WHATEVER. I MEAN, I DON'T HAVE TO HAVE THAT. WHAT I AM REALLY INTERESTED IN ARE THE DATES AND PERHAPS THE HEADLINES JUST TO ESTABLISH THOSE DATES.

# 57 THE COURT:

HOW DO WE GET OVER THE HEARSAY OBJECTION, THE NEWSPAPER HEARSAY OBJECTION?

# 58 MR. DARDEN:

YOU MEAN TO THE HEADLINE? IT IS NOT OFFERED FOR THE TRUTH OF THE MATTER STATED, YOUR HONOR.

# 59 THE COURT:

IT IS OFFERED FOR THE DATE.

# 60 MR. DARDEN:

IT IS OFFERED FOR THE DATE. YES, IT IS, IT IS A NEWSPAPER. LET'S GRAB THE EVIDENCE CODE AND SEE WHAT IT SAYS ABOUT NEWSPAPERS. I THINK IT WILL SAY THEY ARE ADMISSIBLE.

# 61 MR. COCHRAN:

HE HAS A DIFFERENT EVIDENCE CODE.

# 62 THE COURT:

ALL RIGHT.

# 63 MR. DARDEN:

LET'S GRAB IT.

# 64 THE COURT:

COUNSEL, I DON'T REALLY THINK THAT THE DATE IS IN DISPUTE. THE COURT DOCUMENT -- ARE YOU EVER GOING TO OFFER A CERTIFIED COPY OF THE COURT DOCUMENTS FROM THE WEST LOS ANGELES MUNICIPAL COURT?

# 65 MR. DARDEN:

I --

# 66 THE COURT:

BECAUSE THAT PRETTY MUCH WOULD SPEAK FOR ITSELF, DON'T YOU THINK, SINCE IT WOULD BE AN ARGUABLY CERTIFIED COPY AND I WOULD HAVE TO TAKE JUDICIAL NOTICE OF IT.

# 67 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 68 MR. DARDEN:

MISS CLARK HAS GIVEN ME A VERY GOOD ARGUMENT ON THIS ISSUE.

# 69 MR. COCHRAN:

I HEARD IT.

# 70 MS. CLARK:

I SCARED HIM.

# 71 MR. DARDEN:

MR. COCHRAN IS GOING TO OBJECT BEFORE I EVEN STATE THE ARGUMENT, BUT WHAT IS IMPORTANT HERE, YOUR HONOR, IS THE FACT THAT NICOLE BROWN APPARENTLY FELT, EVEN BACK THERE IN 1990, EVEN AT THE AGE OF ONLY 30 YEARS OLD, THAT SOMETHING BAD WAS GOING TO HAPPEN TO HER AND THAT IT WAS GOING TO HAPPEN TO HER AT THE HANDS OF THE DEFENDANT. SHE PREPARED A WILL IN 1990.

# 72 THE COURT:

ALL RIGHT. WELL, THERE HAS BEEN NO OBJECTION TO THE WILL.

# 73 MR. DARDEN:

OKAY.

# 74 THE COURT:

THE WILL IS A HOLOGRAPHIC WILL AND BEARS THE DATE AND SIGNATURE OF NICOLE BROWN SIMPSON. I ASSUME SOMEBODY FROM HER FAMILY WILL COME IN AND SAY THIS IS HER HANDWRITING.

# 75 MR. DARDEN:

THAT'S TRUE. SHE LEFT SOME PHOTOGRAPHS.

# 76 MR. COCHRAN:

WE ARE STIPULATING THAT IS HER WILL.

# 77 THE COURT:

I ASSUME SOMEBODY -- THE OFFER OF PROOF IS THAT DENISE BROWN IS GOING TO COME IN AND GIVE US A DATE OF THOSE PHOTOGRAPHS.

# 78 MR. DARDEN:

I -- WELL, DENISE BROWN WILL COME IN AND SAY THAT SHE SAW THESE PHOTOGRAPHS.

# 79 MR. COCHRAN:

IF WE ARE GOING TO TALK ABOUT THIS, DENISE BROWN SHOULDN'T BE IN HERE TO HEAR THIS PART.

# 80 THE COURT:

ALL RIGHT. MISS BROWN, I'M GOING TO HAVE TO ASK YOU TO LEAVE. THANK YOU.

# 81 (DENISE BROWN EXITS THE COURTROOM.)

# 82 MR. DARDEN:

I WOULD SAY THAT THE NEWSPAPER ARTICLES GO TO THE STATE OF MIND OF NICOLE BROWN. SHE IS LEAVING A TRAIL FOR US. SHE IS TRYING TO DATE THE PHOTOGRAPHS FOR US, AND I THINK IT IS RELEVANT. THE DATE THAT THE PHOTOGRAPHS WERE TAKEN ARE RELEVANT. THE INCIDENTS THAT IT RELATES TO ARE RELEVANT. THE THREE PHOTOGRAPHS HELP TO ESTABLISH -- THE NEWSPAPERS HELP TO ESTABLISH THAT.

# 83 THE COURT:

WELL --

# 84 MR. DARDEN:

DENISE BROWN WASN'T PRESENT AT THE TIME THAT THE DEFENDANT BEAT UP NICOLE BROWN IN 1989.

# 85 THE COURT:

I ASSUME THAT SHE WILL BE ABLE TO TESTIFY AS TO WHEN SHE WAS SHOWN THOSE PHOTOGRAPHS AND BY WHOM AND THE PHOTOGRAPHS PRETTY MUCH SPEAK FOR THEMSELVES, BUT WHAT IS RELEVANT TO THE INVESTIGATOR'S TESTIMONY IS THAT ON SUCH AND SUCH A DATE AND SUCH AND SUCH A TIME HE SERVED A SEARCH WARRANT, AND THIS WAS WHAT WAS IN IT AND SOMEBODY ELSE WILL HAVE TO LAY THE FOUNDATION FOR THE PHOTOGRAPHS.

# 86 MR. DARDEN:

YOU ARE NOT GOING TO LET ME PUT IN MY NEWSPAPERS?

# 87 MR. COCHRAN:

OBJECTION.

# 88 MR. DARDEN:

I'M NOT FINISHED YET. I'VE GOT THE PODIUM.

# 89 THE COURT:

I'M GOING TO SUSTAIN THE OBJECTION TO THE NEWSPAPERS.

# 90 MR. DARDEN:

THIS IS VERY DAMAGING EVIDENCE, YOUR HONOR. VERY POETIC EVIDENCE.

# 91 THE COURT:

THAT IS WHAT ALL THE PROSECUTORS SAY.

KEY QUOTE

# 92 MR. DARDEN:

THE "HOT PROPERTY" ITEM, THAT REMAINS IN?

# 93 THE COURT:

THERE IS NO OBJECTION TO IT. IT IS RELEVANT EVIDENCE, ALTHOUGH THE ORANGE COUNTY RECORDER REGISTRAR'S OFFICE WOULD PROBABLY HAVE A CERTIFIED COPY OF THOSE DOCUMENTS AS WELL.

# 94 MR. DARDEN:

THAT IS ORANGE COUNTY. YOU KNOW HOW CONFUSING THINGS ARE THERE THESE DAYS. AS FOR THE WILL, I'M NOT GOING TO OFFER THE WILL.

# 95 THE COURT:

ALL RIGHT.

# 96 MR. DARDEN:

I'M GOING TO OFFER THE PHOTOGRAPHS, THE "O.J. SIMPSON BUYS LAGUNA BEACH HOME" AND THE LETTERS RETRIEVED FROM THE SAFE DEPOSIT BOX.

# 97 THE COURT:

I ASSUME THEN ON CROSS-EXAMINATION MR. COCHRAN WILL ELICIT FROM DETECTIVE STEVENS THAT HE DID FIND SOME OTHER MATTERS?

# 98 MR. COCHRAN:

I WANT -- MAY I HAVE A SECOND, YOUR HONOR? IF I'M GOING TO STIPULATE TO THE HANDWRITING, I WANT TO TALK TO MR. DARDEN FOR JUST A MOMENT, IF I MIGHT.

# 99 MR. DARDEN:

HE HAS ALREADY STIPULATED TO THE HANDWRITING, YOUR HONOR, SO THAT THE RECORD IS CLEAR.

# 100 THE COURT:

YES, HE HAS.

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

# 102 MR. COCHRAN:

YOUR HONOR, WHILE COUNSEL IS UP HERE MAKING STATEMENTS, IF YOU DON'T MIND, LET ME JUST HAVE MY MINUTE TO RESPOND.

WE ARE GOING TO BE OFFERING THIS PARTICULAR WILL. COUNSEL TALKS ABOUT, IF THE COURT PLEASES, THEIR INTERPRETATION OF THE EVIDENCE. THEY ARE ALWAYS TALKING ABOUT THESE TRAILS, AND I THINK THAT THE COURT SHOULD BE AWARE THAT THE REASON THEY DON'T WANT THIS WILL IN IS AS FOLLOWS: SHE SAYS THIS IS MY WILL --

# 103 THE COURT:

COUNSEL, I HAVE READ THE WILL.

# 104 MR. COCHRAN:

YOUR HONOR, I AM RESPONDING -- I KNOW YOU HAVE READ IT, BUT COUNSEL HAS A PENCHANT FOR SPEAKING SO THE PRESS PICKS IT UP AND WE SHOULDN'T BE PRECLUDED FROM RESPONDING.

# 105 MR. DARDEN:

HE TAUGHT ME THAT, YOUR HONOR.

# 106 THE COURT:

MR. DARDEN, THANK YOU. COUNSEL, I HAVE READ IT AND IF IT IS ONLY FOR THE PUBLIC'S -- I MEAN, YOU HAVE A COPY OF THAT DOCUMENT IN YOUR POSSESSION.

# 107 MR. COCHRAN:

I HAVE A COPY.

# 108 THE COURT:

THE PRESS PROBABLY HAS SEEN IT ALREADY.

# 109 MR. COCHRAN:

ALL I WANT TO DO IS RESPOND TO WHAT HE SAID, YOUR HONOR, IF I MIGHT. YOU WOULDN'T PRECLUDE ME FROM THAT, WOULD YOU?

# 110 THE COURT:

BRIEFLY.

# 111 MR. COCHRAN:

ALL RIGHT. WHAT I WANTED TO INDICATE IS THAT THIS WILL SETS FORTH A YOUNG LADY WHO HAS TREMENDOUS ASSETS WHO BASICALLY APOLOGIZES TO O.J. BY SAYING:

"YOU HAVE SO MUCH WEALTH, THAT IS WHY I'M NOT LEAVING ANYTHING TO YOU. REMEMBER ME FROM EARLY IN OUR RELATIONSHIP BEFORE I BECAME SO UNHAPPY AND SO BITCHY." SO I MEAN I THINK THAT HIS INTERPRETATIONS ARE SUCH THAT SHE WAS THE ONE WHO WAS UNHAPPY TALKING ABOUT HER STATE OF MIND, WHICH ISN'T RELEVANT, AND SHE HAS ALL THESE TREMENDOUS ASSETS, INCLUDING THIS CONDO THAT MR. SIMPSON GAVE HER FREE, SO THAT I THINK THE INTERPRETATION THAT THEY MAKE IS CLEARLY WRONG UNDER THE CIRCUMSTANCES, SO I JUST WANTED AN OPPORTUNITY TO RESPOND TO WHAT THEY SAID.

# 112 THE COURT:

LET ME JUST ASK A QUESTION: HAS ANY LAST WILL AND TESTAMENT BEEN FILED BY NICOLE BROWN'S SIMPSONS ESTATE? I ASSUME YES.

# 113 MR. COCHRAN:

I BELIEVE YES, IN SANTA MONICA I BELIEVE.

# 114 THE COURT:

OKAY. SO THAT IS A COURT DOCUMENT. DOES IT BEAR ANY RESEMBLANCE TO THIS DOCUMENT HERE?

# 115 MR. COCHRAN:

I THINK IT MAY, YOUR HONOR. I'M NOT SURE. SHE SAID SHE WAS BITCHY AND UNHAPPY WHEN IT WAS FILED, SO I THINK IT BEARS SOME SEMBLANCE.

# 116 THE COURT:

AT THIS POINT WHAT YOU CAN DO IS ASK INVESTIGATOR STEVENS IF HE FOUND IT THERE, MARK IT FOR IDENTIFICATION PURPOSES. YOU WILL HAVE TO MAKE AN ARGUMENT FOR ITS ADMISSIBILITY AT SOME POINT IN TIME, BUT WHILE WE HAVE INVESTIGATOR STEVENS HERE --

# 117 MR. COCHRAN:

I WILL DO THAT.

# 118 THE COURT:

BUT IT WON'T BE SHOWN TO THE JURY UNTIL IT IS FOUND TO BE ADMISSIBLE AND NOT DISPLAYED ON THE ELMO.

# 119 MR. COCHRAN:

I WON'T DO LIKE THEY DO. ABIDE BY THE RULES.

# 120 MR. DARDEN:

AS I UNDERSTAND, YOUR HONOR, THIS IS NOT THE LAST WILL AND TESTAMENT. IT IS NOT. AND THE REAL QUESTION HERE IS WHAT MADE HER SO UNHAPPY AND BITCHY I THINK.

KEY QUOTE

# 121 THE COURT:

THANK YOU, COUNSEL. I AM NOT THE ONE WHO HAS TO BE CONVINCED, SO YOU CAN SAVE THE PERIPHERAL COMMENTS. ALL RIGHT. LET'S HAVE THE JURY.

# 122 MR. DARDEN:

LET ME INDICATE THIS: I DO, HOWEVER, INTEND DISPLAY THE LETTERS.

# 123 THE COURT:

YES, AND THERE HAS BEEN NO OBJECTION TO THE LETTERS.

# 124 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 125 MR. COCHRAN:

IF HE CAN DISPLAY THE LETTERS, WHY CAN'T I DISPLAY THE WILL?

KEY QUOTE

# 126 THE COURT:

BECAUSE THERE IS NO OBJECTION.

Temperature

tense

Key Quotes (5)

Christopher Darden

IT APPEARS TO US THAT WHAT NICOLE BROWN WAS DOING IS LEAVING A TRAIL FOR US, SOME INDICATION AS TO WHAT HAPPENED BACK ON JANUARY 1, 1989.

Prosecution's framing of the safe deposit box contents as Nicole's deliberate effort to document abuse — sets up domestic violence evidence.

Johnnie Cochran

SHE SAYS THIS IS MY WILL — YOU HAVE SO MUCH WEALTH, THAT IS WHY I'M NOT LEAVING ANYTHING TO YOU. REMEMBER ME FROM EARLY IN OUR RELATIONSHIP BEFORE I BECAME SO UNHAPPY AND SO BITCHY.

Cochran reads from Nicole's will to reframe her 'state of mind' as self-described unhappiness rather than fear, directly countering prosecution's narrative.

Lance A. Ito

THAT IS WHAT ALL THE PROSECUTORS SAY.

Ito's dry response to Darden calling the excluded newspapers 'very damaging evidence. Very poetic evidence.' — shows the judge's practiced skepticism.

Christopher Darden

AS I UNDERSTAND, YOUR HONOR, THIS IS NOT THE LAST WILL AND TESTAMENT. IT IS NOT. AND THE REAL QUESTION HERE IS WHAT MADE HER SO UNHAPPY AND BITCHY I THINK.

Darden reframes Cochran's will argument back onto the abuse narrative, implying OJ's conduct caused Nicole's unhappiness.

Johnnie Cochran

IF HE CAN DISPLAY THE LETTERS, WHY CAN'T I DISPLAY THE WILL?

Clean summary of the asymmetry Cochran perceived — Ito's answer ('Because there is no objection') highlights how evidentiary gatekeeping works.

Evidence (7)

People's 9, 10, 11

Three Polaroid photographs from Nicole Brown Simpson's safe deposit box, believed to depict injuries from the January 1, 1989 beating

Cleared for admission; Denise Brown to lay foundation

Informal

1989 newspaper articles covering OJ Simpson's beating of Nicole, city attorney charges, and arraignment

Excluded — hearsay objection sustained by Ito

Informal

Newspaper clipping: 'O.J. Simpson Buys Laguna Beach Home' (undated, real estate section, L.A. Times)

Admitted — no objection; relevant to upcoming Aguilera testimony about assault at Victoria Beach

Informal

Three letters written by OJ Simpson, retrieved from Nicole's safe deposit box

Admitted — defense stipulated to handwriting authenticity

Informal

Nicole Brown Simpson's holographic will dated January 1990 (8 pages plus rider), found in safe deposit box

Marked for identification only; prosecution declined to offer it; defense seeks to offer it; admissibility deferred

Informal

Traveler's Indemnity insurance document from safe deposit box

Not offered — Cochran objected to public display of Simpson's assets; Darden agreed not to introduce

+ 1 more

Notable Exchanges (4)

Christopher Darden•Lance A. Ito

Darden argues newspapers should come in as non-hearsay (offered for date, not truth) and suggests checking the Evidence Code; Ito cuts through by noting the date isn't disputed and suggests certified court documents would be cleaner.

strategic

Johnnie Cochran•Lance A. Ito

Cochran argues publicly (for press benefit, by his own admission) that Nicole's will shows she described herself as 'unhappy and bitchy' toward OJ — reframing her mental state. Ito acknowledges he's read the will and notes the press likely has it already.

strategic

Johnnie Cochran•Christopher Darden•Lance A. Ito

Cochran accuses Darden of grandstanding for the press; Darden retorts 'He taught me that, Your Honor.' Ito shuts both down.

heated

Lance A. Ito•Johnnie Cochran

Denise Brown is in the courtroom while attorneys discuss her anticipated testimony; Cochran flags this and Ito promptly asks her to leave before further discussion.

procedural

Light Moments (4)

Marcia Clark / Christopher Darden / Johnnie Cochran

Marcia Clark whispers an argument to Darden; Darden says 'Miss Clark has given me a very good argument on this issue.' Clark: 'I scared him.' Cochran: 'I heard it.'

Christopher Darden

Darden references Orange County confusion: 'That is Orange County. You know how confusing things are there these days.' (apparent reference to ongoing O.C. municipal bankruptcy)

Christopher Darden / Johnnie Cochran

After Ito says the newspapers are excluded, Darden: 'You are not going to let me put in my newspapers?' Cochran immediately objects before Darden finishes. Darden: 'I'm not finished yet. I've got the podium.'

Johnnie Cochran

Cochran, after agreeing to follow the rules on not displaying the will to the jury prematurely: 'I won't do like they do. Abide by the rules.'

Objections

3 objections (1 sustained, 0 overruled)

Proceeding 4571 • 126 utterances

Criminal Trial

Department 103