Darden cross-examines Rosa Lopez on several credibility issues: her claimed inability to speak English (she repeatedly answers questions before they are interpreted), inconsistencies between her February 17 affidavit's claim that she was 'forced' to quit and the Salingers' actual offer to keep her job, the circumstances of her return flight (timeline disputed by airline records), and who arranged her return to testify. The examination also produces a comedic identification mix-up when Lopez cannot correctly identify which defense attorney asked her to come back.
# 1 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 2 MR. DARDEN: MAY I HAVE ONE MOMENT, YOUR HONOR?
# 3 THE COURT: CERTAINLY.
# 4 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 5 Q: BY MR. DARDEN: WHEN YOU SPOKE TO MR. COCHRAN THIS MORNING, DID YOU SPEAK TO HIM IN ENGLISH?
# 7 Q: YOU WEREN'T SITTING BACK THERE ON THAT BACK BENCH SPEAKING TO MR. COCHRAN IN ENGLISH?
# 9 Q: SO YOU DID SPEAK TO MR. COCHRAN IN ENGLISH, CORRECT?
# 10 MR. COCHRAN: AT WHAT POINT IN TIME, YOUR HONOR? THE QUESTION IS VAGUE BECAUSE I SPOKE TO HER SEVERAL TIMES.
# 11 THE COURT: WHY DON'T YOU REPHRASE THE QUESTION. I THOUGHT IT WAS THIS MORNING, THOUGH, ON THE BACK BENCH. I THOUGHT THAT WAS PRETTY SPECIFIC.
# 12 MR. COCHRAN: I HAVE TALKED TO HER MORE THAN ONE TIME.
# 13 Q: BY MR. DARDEN: DIDN'T YOU SPEAK TO MR. COCHRAN IN ENGLISH THIS MORNING WHILE THE TWO OF YOU SAT ON THAT BACK BENCH HERE IN THIS COURTROOM?
# 14 A: WE DID TALK, YES.
# 15 Q: AND IN FACT YOU DO SPEAK ENGLISH?
# 16 A: I SAY I DON'T BECAUSE I DON'T SPEAK IT WELL.
# 17 Q: OKAY. WELL, WHEN YOU SPOKE TO THE SALINGERS, YOU SPOKE TO THEM IN ENGLISH, CORRECT?
# 18 A: WE WOULD FIGHT BECAUSE THEY WOULD TELL ME TO SPEAK IN ENGLISH AND I WOULD SAY NO.
# 19 Q: WELL, HAVE YOU FOUND -- WELL, STRIKE THAT.
# 20 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 21 Q: BY MR. DARDEN: DID THEY SPEAK TO YOU IN ENGLISH?
# 22 A: SHE DID; HE DIDN'T.
# 23 Q: AND YOU UNDERSTOOD THEM?
# 24 A: SOMETIMES I DIDN'T AND I WOULD ASK THE MAN BECAUSE I WOULDN'T UNDERSTAND HER.
# 25 Q: WHEN YOU SPOKE TO MR. COCHRAN DURING THE LUNCH HOUR WAS HE FURIOUS AT ALL?
# 27 Q: YOU HAVE WATCHED SOME OF THESE PROCEEDINGS ON COURT T.V.; IS THAT CORRECT?
# 28 A: WHEN I HAVE TIME.
# 29 Q: OKAY. AND DO THEY BROADCAST, THAT IS COURT T.V., IN SPANISH?
# 30 A: I ALMOST DON'T WATCH IT IN SPANISH, BUT SOMETIMES I LIKE TO.
# 31 Q: OKAY. SO THEY DO BROADCAST IN SPANISH; IS THAT CORRECT?
# 33 Q: OKAY. DID YOU WATCH THE PRELIMINARY HEARING ON COURT T.V.?
# 34 A: NOT ALL THE TIME BECAUSE I DON'T HAVE THE TIME.
# 35 Q: OKAY. BUT YOU WATCHED SOME OF THE PRELIMINARY HEARING ON COURT T.V.?
# 37 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 38 Q: BY MR. DARDEN: IN ENGLISH OR IN SPANISH?
# 40 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 41 Q: BY MR. DARDEN: WAS THAT ON COURT T.V.?
# 43 Q: OKAY. SO WHEN YOU WATCH THESE PROCEEDINGS ON TELEVISION IN ENGLISH, YOU WATCHED COURT T.V., CORRECT?
# 44 A: WHEN I WAS AT WORK, YES, BECAUSE I WOULD GET CABLE.
# 45 Q: THE FEE OR PAY AGREEMENT YOU HAVE WITH YOUR LAWYER, IS IT IN WRITING?
# 47 MR. DARDEN: MAY I HAVE ONE MOMENT, YOUR HONOR?
# 48 THE COURT: CERTAINLY.
# 49 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 50 Q: BY MR. DARDEN: IN THE AFFIDAVIT YOU SIGNED ON FEBRUARY 17, 1995, YOU INDICATED AT LINE 20 AND 21 THAT YOU WERE FORCED TO QUIT YOUR JOB; IS THAT CORRECT?
# 52 Q: BUT NO ONE FORCED YOU TO QUIT YOUR JOB, DID THEY?
# 53 A: THE LADY DIDN'T TELL ME SO DIRECTLY, BUT SHE DIDN'T WANT ME ANY MORE.
# 54 Q: DIDN'T MRS. SALINGER TELL YOU THAT YOU WERE WELCOME TO STAY?
# 56 Q: DIDN'T SHE TELL YOU THAT SHE WOULD -- STRIKE THAT. DIDN'T SHE TELL YOU THAT YOU WERE A GOOD EMPLOYEE?
# 58 Q: SHE TOLD YOU THAT SHE WAS GOING TO FIRE YOU?
# 59 A: SHE TOLD ME THIS WAY -- DO YOU WANT ME TO EXPLAIN IT TO YOU?
# 61 A: SHE SAID TO ME, "IF YOU DON'T COME BACK IN A WEEK I WILL LOOK FOR A HOUSEKEEPER AND IF YOU WANT REFERENCES, I WILL GIVE THEM TO YOU." THEN SHE WAS FIRING ME, RIGHT?
# 62 Q: MRS. SALINGER TOLD YOU THAT IF YOU CAME BACK IN A WEEK YOU COULD HAVE YOUR JOB BACK?
# 64 Q: AND SHE TOLD YOU THAT SHE WOULD GIVE YOU REFERENCES FOR A NEW JOB?
# 65 (NO AUDIBLE RESPONSE.) # 66 Q: IF YOU WANTED THEM?
# 68 Q: WELL, ISN'T IT TRUE, MISS LOPEZ, THAT YOU QUIT YOUR JOB?
# 69 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.
# 70 THE COURT: OVERRULED.
# 71 ROSA LOPEZ: YES, BECAUSE THE TELEVISION CAMERAS WOULD NOT LEAVE US ALONE EVERYDAY AND THE LADY WAS ALREADY FED UP. SHE DIDN'T LIKE IT.
# 72 Q: BY MR. DARDEN: OKAY. WELL, LET'S TALK ABOUT THESE TELEVISION CAMERAS. DID THESE TELEVISION CAMERAS WALK UP -- RATHER, DID THE CAMERA REPORTERS WALK UP TO THE FRONT DOOR AND KNOCK AT THE DOOR?
# 73 A: THEY WOULD COME TO THE DOOR AND THEY WOULD GO INSIDE IF I ALLOWED THEM TO.
# 74 Q: BUT ONLY IF YOU ALLOWED THEM TO, CORRECT?
# 75 A: BECAUSE I WOULD CLOSE THE DOOR. THEY WOULD COME WITH THEIR CAMERAS TO THE FRONT. CHANNEL 34 FOLLOWED ME ALL THE WAY TO THE DOOR UNTIL I CLOSED IT.
# 76 Q: OKAY. WHEN WAS THAT?
# 77 A: THE DAY AFTER MY PICTURE CAME OUT ON T.V.
# 78 Q: OKAY. THAT WOULD BE JANUARY 26TH?
# 79 A: I THINK. I DON'T KNOW WHAT DATE IT WAS.
# 80 Q: OKAY. IS THERE A FENCE AROUND THE PROPERTY?
# 81 A: BUT THEY KEEP THE GATE OPENED.
# 82 Q: OKAY. SO THE GATE CAN CLOSE; IS THAT CORRECT?
# 84 Q: OKAY. THE GATE CAN BE LOCKED, CORRECT?
# 86 Q: AND IF YOU LOCK THE GATE, THEN THE REPORTERS CAN'T COME ONTO THE PROPERTY, CORRECT?
# 88 Q: BUT YOU DIDN'T BOTHER TO LOCK THE GATE, CORRECT?
# 89 MR. COCHRAN: JUST A MOMENT. I OBJECT TO THE FORM OF THAT QUESTION. IT IS NOT HER HOUSE. IT IS THE SALINGER'S HOUSE.
# 90 THE COURT: THE WEIGHT OF THE ANSWER IS FOR ME TO DETERMINE. THAT HAS ALREADY OCCURRED TO ME.
# 91 MR. COCHRAN: I WANTED TO REMIND YOU, JUDGE.
# 92 THE COURT: I SAW THE HOUSE AND I HAVE SEEN THE FENCE AND THE GATE.
# 93 MR. COCHRAN: HE SHOULDN'T ASK THESE QUESTIONS.
# 94 MR. DARDEN: THE GATE WAS LOCKED WHEN WE WERE THERE, COUNSEL.
# 95 THE COURT: THE SECOND TIME, YES.
# 96 Q: BY MR. DARDEN: BUT YOU DIDN'T BOTHER TO LOCK THE GATE, CORRECT?
# 97 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION.
# 98 MR. DARDEN: CAN SHE ANSWER THE QUESTION YES OR NO, PLEASE?
# 99 ROSA LOPEZ: THE GATE ISN'T MINE AND THE LADY DOESN'T LIKE ME TO LOCK IT.
# 100 THE COURT: THE ANSWER WILL STAND. COUNSEL, WHETHER OR NOT THE GATE OPENS OR CLOSES IS NOT REAL IMPORTANT TO THE DECISION THAT I HAVE TO MAKE.
# 101 Q: BY MR. DARDEN: YOU TOLD US THAT YOU FLEW INTO LAX AT 1:30 THIS MORNING; IS THAT CORRECT?
# 103 MR. DARDEN: DID WE STIPULATE TO THE NAME OF THE AIRLINE ON THE RECORD, YOUR HONOR?
# 104 THE COURT: YES, WE DID.
# 105 ROSA LOPEZ: 1:20. I DON'T KNOW THE TIME EXACTLY.
# 106 MR. DARDEN: YOUR HONOR, WE CHECKED WITH THIS AIRLINE AND THEY INDICATED THAT THEIR LAST FLIGHT ARRIVED AT 11:30 AND THAT THE CREWS ALL LEFT BY 12:30, SO PERHAPS WE SHOULD GET SOME CONFIRMATION FROM THE WITNESS AS TO WHAT THE NAME OF THE AIRLINE IS, AS OPPOSED TO THE STIPULATION WE HAVE ENTERED INTO ALREADY.
# 107 THE COURT: ALL RIGHT. WE CAN DO THAT AT THE SIDE BAR BECAUSE APPARENTLY THEY WERE MET BY SOMEBODY. WHY DON'T YOU FIND OUT. GIVE ME THE FLIGHT NUMBER, ET CETERA, SO WE CAN CONFIRM THAT. WHY DON'T YOU MOVE ON, MR. DARDEN.
# 108 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 109 MR. DARDEN: MAY I HAVE ONE MOMENT, YOUR HONOR? I AM ALMOST DONE.
# 110 THE COURT: CERTAINLY.
# 111 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 112 MR. DARDEN: YOUR HONOR, I WOULD LIKE TO INQUIRE OF THE WITNESS FURTHER REGARDING THE FEE ARRANGEMENT SHE HAS WITH MR. JONES AND I WOULD LIKE TO CONFER WITH MR. JONES BEFORE I PROCEED, IF I MAY.
# 113 THE COURT: ALL RIGHT. THE RECORD SHOULD REFLECT IN MC KENNA IS HERE AS WELL.
# 114 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. DARDEN AND MR. JONES.) # 115 MR. COCHRAN: YOUR HONOR, I KNOW WHAT THE PROBLEM IS. MAY WE APPROACH?
# 116 THE COURT: LET MR. DARDEN FINISH HIS CONVERSATION WITH MR. JONES.
# 117 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY, DEFENSE COUNSEL AND MR. JONES.) # 118 MR. COCHRAN: I THINK WE SHOULD APPROACH.
# 119 THE COURT: LET'S TAKE ONE THING AT A TIME.
# 121 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 122 MR. DARDEN: YOUR HONOR, MAY I APPROACH WITH THE NAME OF THE AIRLINE JUST GIVEN TO ME BY MR. COCHRAN ON A PIECE OF PAPER?
# 124 Q: BY MR. DARDEN: MISS LOPEZ, IS THIS THE NAME OF THE AIRLINE YOU FLEW IN ON?
# 126 Q: YOU DID NOT FLY IN ON SOUTHWEST AIRLINES?
# 128 Q: OKAY. YOU CAME FROM OUT OF STATE; IS THAT CORRECT?
# 130 Q: OKAY. AND YOU CAME AT THE REQUEST OF SOMEONE, CORRECT?
# 131 A: BECAUSE I FELT A DUTY TO --
# 132 MR. DARDEN: CAN WE HAVE A YES OR NO ANSWER, YOUR HONOR?
# 133 ROSA LOPEZ: -- TO COME TO TESTIFY TODAY.
# 134 MR. DARDEN: MOTION TO STRIKE, YOUR HONOR. NONRESPONSIVE.
# 135 THE COURT: IT WILL STAND.
# 136 MR. COCHRAN: THAT IS NOT NONRESPONSIVE, YOUR HONOR.
# 137 Q: BY MR. DARDEN: SOMEONE ASKED YOU TO COME HERE TODAY AND TESTIFY, CORRECT?
# 139 Q: WHO ASKED YOU TO DO THAT?
# 141 Q: OKAY. AND YOU SAY YOU DID THAT OUT OF A DUTY YOU BELIEVE YOU HAVE; IS THAT CORRECT?
# 142 MR. COCHRAN: YOUR HONOR, JUST A MOMENT. I THINK SHE SAID MR. JOHNNIE.
# 143 THE COURT: THAT IS WHAT I THOUGHT I HEARD.
# 144 MR. COCHRAN: SHE SAID MR. JOHNNIE.
# 145 THE COURT: LET'S CLARIFY WITH THE INTERPRETER.
# 146 THE INTERPRETER: JOHNNIE, SORRY.
# 147 Q: BY MR. DARDEN: THE GENTLEMAN SEATED RIGHT HERE, (INDICATING)?
# 148 A: (IN ENGLISH) YES.
# 150 A: (IN ENGLISH) YES.
# 152 A: (IN ENGLISH) YES.
# 153 MR. DARDEN: FOR THE RECORD, YOUR HONOR -- I HOPE WE HAVE AN I.D. ISSUE IN THIS CASE.
KEY QUOTE # 154 THE COURT: GREAT STRAIGHT LINE.
# 155 Q: BY MR. DARDEN: WHAT DID MR. DOUGLAS SAY TO YOU WHEN HE ASKED YOU TO RETURN?
# 156 A: I FIRST TALKED TO MY LAWYER AND I TOLD MY LAWYER THAT I WAS AWAY AND HE SAID TO ME "YOU HAVE TO COME BECAUSE WE NEED YOU TOMORROW." I SAID TO HIM, "DON'T WORRY, I WILL BE THERE."
# 157 Q: WHAT IF YOUR ATTORNEY TELLS YOU --
# 158 MR. COCHRAN: I OBJECT TO THE FORM OF THAT QUESTION. WHAT IS THIS, LIKE MAKE BELIEVE? THAT IS AN IMPROPER QUESTION.
# 159 THE COURT: I HAVEN'T HEARD THE QUESTION YET.
# 160 Q: BY MR. DARDEN: SO WHEN YOUR ATTORNEY ASKED YOU TO COME, YOU JUST CAME; IS THAT CORRECT?
# 161 A: (IN ENGLISH) YES.
# 162 Q: OUT OF A SENSE OF DUTY?
# 163 A: (IN ENGLISH) YES.
# 164 Q: OKAY. AND DO YOU STILL FEEL A DUTY TO TESTIFY IN THIS CASE?
# 166 Q: AND IF CALLED AGAIN TO COME AND TESTIFY, WILL YOU COME AND TESTIFY?
# 167 A: NO, I WON'T COME ANY MORE.
KEY QUOTE # 168 Q: OKAY. SO YOU FEEL YOU NO LONGER HAVE ANY DUTY TO COME AND TESTIFY, CORRECT?
# 169 (NO AUDIBLE RESPONSE.) # 170 MR. COCHRAN: ARGUMENTATIVE.
# 171 THE COURT: OVERRULED.
# 172 ROSA LOPEZ: (IN ENGLISH) I DON'T KNOW. (THROUGH THE INTERPRETER) I DON'T KNOW.
# 173 Q: BY MR. DARDEN: DID YOU EVER DISCUSS RECEIVING MONEY FROM -- FOR YOUR STORY WITH ANYONE?
# 175 Q: NO ONE OFFERED YOU $5,000?
# 177 Q: YOU NEVER ASKED ANYONE FOR $5,000?
# 179 Q: YOU ARE ANSWERING MY QUESTIONS BEFORE THE INTERPRETER CAN INTERPRET?
# 180 MR. COCHRAN: IS THAT A QUESTION?
# 181 THE COURT: MR. DARDEN, WHETHER OR NOT SHE UNDERSTANDS OR DOESN'T UNDERSTAND ENGLISH, I TAKE INTO CONSIDERATION THE FACT THAT SHE HAS BEEN IN THIS COUNTRY FOR OVER TWENTY YEARS.
KEY QUOTE # 182 MR. DARDEN: THANK YOU, YOUR HONOR. THAT IS ALL I HAVE NOR NOW, YOUR HONOR.