Cross-examination of Rosa Lopez (morning, part 2)

📄 Cross-examination of Rosa Lopez (morning, part 2) — Friday, February 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\24\CROSS-EXAMINATION-OF-ROSA-LOPE.DOC

TRIAL

▲ Day 25 of 167

◀ Sidebar: airline information Noon recess ▶

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Friday, February 24, 1995 • Utterances: 86

Darden continues his cross-examination of Rosa Lopez, focusing on two issues: who paid for her flight back to Los Angeles, and undermining her claimed terror of the press by establishing she voluntarily approached and complimented a Court TV reporter that morning. The session is brief and somewhat chaotic, ending with Darden needing more time and the court scheduling an afternoon continuation.

# 1 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. DARDEN, YOU MAY PROCEED.

# 2 Q:

BY MR. DARDEN: MISS LOPEZ, DID SOMEONE PAY FOR YOUR PLANE TICKET TO LOS ANGELES YESTERDAY?

# 3 A:

YES.

# 4 Q:

WHO PAID FOR IT?

# 5 A:

MY NIECE.

# 6 Q:

WHAT'S HER NAME?

# 7 A:

JOSEFINA.

# 8 Q:

WHAT'S HER LAST NAME?

# 9 A:

RODRIGUEZ.

# 10 Q:

AND HOW DO YOU SPELL THE FIRST NAME?

# 11 A:

I DON'T KNOW HOW TO SPELL IT. JOSEFINA.

# 12 Q:

COULD YOU TRY AND SPELL IT FOR ME, PLEASE? I WOULD APPRECIATE THAT GREATLY.

# 13 A:

THEN I HAVE TO DO IT LETTER BY LETTER AND IT'S A VERY LONG NAME.

# 14 THE COURT:

IS IT SPELLED THE NORMAL WAY?

# 15 ROSA LOPEZ:

UH-HUH. YES, SIR.

# 16 MR. DARDEN:

THERE'S A NORMAL WAY?

KEY QUOTE

# 17 THE COURT:

YES. JOSEFINA IN SPANISH? CERTAINLY.

# 18 Q:

BY MR. DARDEN: YOU TOLD US THAT YOU WERE TERRIFIED OF THE PRESS, CORRECT?

# 19 A:

YES, SIR.

# 20 Q:

UH, YOU SPOKE TO SOME OF THE REPORTERS HERE IN THE COURTROOM THIS MORNING, DIDN'T YOU?

# 21 A:

NO.

# 22 Q:

DIDN'T YOU SPEAK TO A REPORTER FROM COURT T.V. THIS MORNING?

# 23 A:

NO.

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

# 25 Q:

BY MR. DARDEN: DID YOU SPEAK TO KRISTIN JEANNETTE MEYERS FROM COURT T.V. THIS MORNING?

# 26 MR. COCHRAN:

YOUR HONOR, OBJECT TO THE FORM OF THE QUESTION. IS SPEAKING SAYING HELLO?

# 27 THE COURT:

OVERRULED. OVERRULED.

# 28 ROSA LOPEZ:

I DON'T KNOW HIM. IF THEY SAY HELLO TO ME, THEY SAY HI, I SAY HI.

# 29 Q:

BY MR. DARDEN: WELL, DID YOU SPEAK TO A FEMALE WOMAN REPORTER THIS MORNING?

# 30 MR. COCHRAN:

YOUR HONOR, HOW WOULD SHE KNOW SHE'S A REPORTER?

# 31 THE COURT:

OVERRULED.

# 32 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION.

# 33 THE COURT:

OVERRULED. PROCEED.

# 34 Q:

BY MR. DARDEN: DID YOU?

# 35 A:

I DON'T KNOW IF THEY'RE REPORTERS OR WHAT. THEY TELL ME HI, I SAY HI.

# 36 Q:

WELL, DID YOU TELL SOMEONE THIS MORNING, A WOMAN, QUOTE, "I LOVE YOU ON T.V.," UNQUOTE?

# 37 A:

YES. BECAUSE I SEE HER ON T.V.

# 38 Q:

DO YOU SEE THAT PERSON HERE TODAY?

# 39 A:

I DON'T SEE HER RIGHT NOW.

# 40 Q:

YOU WEREN'T TERRIFIED OF THAT T.V. REPORTER, WERE YOU?

# 41 MR. COCHRAN:

OBJECT, YOUR HONOR.

# 42 THE COURT:

OVERRULED.

# 43 ROSA LOPEZ:

NO, BECAUSE SHE DOESN'T HAVE A CAMERA IN FRONT OF MY FACE.

KEY QUOTE

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

# 45 MR. DARDEN:

YOUR HONOR, I'M GOING TO NEED ABOUT FIVE MINUTES TO GATHER SOME ADDITIONAL INFORMATION.

# 46 THE COURT:

YOU DON'T HAVE ANYTHING ELSE YOU CAN CROSS-EXAMINE ON AT THIS POINT?

# 47 MR. DARDEN:

NO, I DON'T THINK SO.

# 48 MR. COCHRAN:

MAY I HAVE REDIRECT?

# 49 THE COURT:

ANY OBJECTION TO THAT, MR. DARDEN?

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

# 51 MR. DARDEN:

CAN I HAVE ONE MOMENT?

# 52 (BRIEF PAUSE.)

# 53 Q:

BY MR. DARDEN: THE UNEMPLOYMENT INSURANCE FORMS THAT YOU HAD, WHO GAVE YOU THOSE FORMS?

# 54 A:

I WENT TO UNEMPLOYMENT.

# 55 Q:

DID YOU SEE AN UNEMPLOYMENT INSURANCE COUNSELOR?

# 56 MR. COCHRAN:

YOUR HONOR, HOW IS THAT RELEVANT WITH REGARD TO THIS?

# 57 THE COURT:

OVERRULED.

# 58 ROSA LOPEZ:

YES.

# 59 Q:

BY MR. DARDEN: AND DID THAT COUNSELOR TELL YOU THE REQUIREMENTS FOR OBTAINING UNEMPLOYMENT INSURANCE?

# 60 A:

YES.

# 61 Q:

AND HE TOLD YOU THAT YOU HAD TO REMAIN IN THE STATE, CORRECT?

# 62 A:

I WASN'T TOLD THAT. I DIDN'T ASK IT.

# 63 Q:

DID YOU LOOK AT THE BLANK UNEMPLOYMENT INSURANCE FORM?

# 64 A:

I STILL HAVEN'T READ THEM, SIR.

# 65 MR. DARDEN:

YOUR HONOR, WHAT TIME DID YOU PLAN TO ADJOURN THIS MORNING?

# 66 THE COURT:

THAT WAS SOMETHING I WAS GOING TO TALK TO YOU ABOUT BECAUSE IT'S OBVIOUS WE'RE NOT GOING TO FINISH THIS MORNING. SO WE MAY -- LOOKS LIKE WE ARE GOING TO BE IN SESSION THIS AFTERNOON, BUT LET ME TALK TO COUNSEL ABOUT SCHEDULING.

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

# 68 THE COURT:

SORRY FOR THE DELAY, MISS LOPEZ.

# 69 ROSA LOPEZ:

I WANT TO LEAVE, SIR.

KEY QUOTE

# 70 THE COURT:

ALL RIGHT. MR. DARDEN, YOU HAVE ONE MORE QUESTION?

# 71 MR. DARDEN:

TWO MORE, IF I MAY, YOUR HONOR.

# 72 Q:

BY MR. DARDEN: MISS LOPEZ, DIRECTING YOUR ATTENTION TO THE YOUNG LADY NEAR THE COURTROOM DOORS, IS THAT THE WOMAN THAT YOU SPOKE TO THIS MORNING AND SAID, "I LOVE YOU ON T.V."?

# 73 A:

YES, BECAUSE I WATCH HER ON T.V.

# 74 Q:

OKAY. SHE WAS WALKING PAST YOU AT THE TIME?

# 75 A:

YES.

# 76 Q:

AND YOU PULLED ON HER SKIRT AND STOPPED HER?

# 77 A:

NO. NO. I DIDN'T TOUCH THAT LADY. I ONLY TOLD HER, "YOU LOOK VERY PRETTY ON T.V."

KEY QUOTE

# 78 Q:

SO YOU DIDN'T STOP HER SO THAT YOU COULD SPEAK TO HER?

# 79 A:

NO, I DIDN'T STOP HER.

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

# 81 ROSA LOPEZ:

I TOLD HER --

# 82 THE COURT:

ALL RIGHT. CAN WE HAVE THE YOUNG LADY IDENTIFY HERSELF, PLEASE, FOR THE RECORD.

# 83 MS. MEYERS:

KRISTIN JEANNETTE MEYERS OF COURT T.V.

# 84 THE COURT:

THANK YOU.

# 85 MR. DARDEN:

THANK YOU.

# 86 THE COURT:

ALL RIGHT. COUNSEL, THIS HEARING HAS OBVIOUSLY TAKEN ON DIMENSIONS THAT GO FAR BEYOND WHAT WE THOUGHT IT WOULD. THE COURT HAD ORIGINALLY INTENDED ON BEING -- GOING DARK AT 1:40 -- EXCUSE ME -- 11:40 TODAY. IT'S CLEAR TO ME WE'RE NOT GOING TO FINISH THIS MORNING. SO WE WILL STAND IN RECESS UNTIL 1:45 AND CONCLUDE THE HEARING THIS AFTERNOON. MR. JONES, ARE YOU AVAILABLE 1:45?

Temperature

tense

Key Quotes (4)

Rosa Lopez

NO, BECAUSE SHE DOESN'T HAVE A CAMERA IN FRONT OF MY FACE.

Lopez inadvertently concedes a distinction that partially undercuts her alibi-witness credibility — her fear of the press is situational, not absolute.

Rosa Lopez

I WANT TO LEAVE, SIR.

Candid expression of frustration directed at the judge, reinforcing her earlier insistence on leaving for El Salvador and her general resistance to the proceedings.

Rosa Lopez

NO. NO. I DIDN'T TOUCH THAT LADY. I ONLY TOLD HER, 'YOU LOOK VERY PRETTY ON T.V.'

Lopez denies pulling the reporter's skirt — a specific factual dispute Darden is trying to use to establish she initiated contact with the press, contradicting her terror claims.

Christopher Darden

THERE'S A NORMAL WAY?

Unscripted quip in response to Judge Ito — a rare light moment in what is otherwise a grinding cross-examination.

Evidence (1)

Informal

Blank unemployment insurance forms Lopez obtained from the unemployment office

discussed — Darden probing whether Lopez knew she had to remain in-state to collect benefits, suggesting she had a financial motive to stay

Notable Exchanges (3)

Christopher Darden•Rosa Lopez

Darden confronts Lopez with the contradiction between claiming terror of the press and saying 'I love you on TV' to a Court TV reporter that morning. Lopez's defense — she only fears cameras, not people — partially holds but visibly damages her credibility.

revealing

Christopher Darden•Lance A. Ito

Darden asks for a five-minute recess mid-cross because he has nothing else prepared, prompting an incredulous response from Ito. The session devolves into bench conferences and scheduling discussions.

awkward

Lance A. Ito•Kristin Jeannette Meyers

Ito calls the Court TV reporter to identify herself on the record, making a working journalist briefly a named participant in the proceedings.

procedural

Light Moments (1)

Christopher Darden / Lance A. Ito

Asked to spell 'Josefina,' Lopez protests it's very long and will require going letter by letter. Ito asks if it's spelled 'the normal way' in Spanish. Darden mutters 'There's a normal way?' and Ito confirms — yes, certainly.

Credibility Attacks (2)

⚔ Rosa Lopez

prior inconsistent statement / conduct

Darden contrasts Lopez's sworn claim that she is terrified of the press with her own admission that she approached and complimented a Court TV reporter that morning, saying 'I love you on TV.' He further attempts to establish she physically stopped the reporter by pulling her skirt — which Lopez flatly denies.

⚔ Rosa Lopez

bias / motive to remain in jurisdiction

Darden questions whether Lopez's unemployment counselor told her she must remain in-state to collect benefits, implying a financial reason to stay in California beyond her stated desire to flee to El Salvador — and undermining the narrative that her deposition was necessary because she was imminently leaving.

Witness Demeanor

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) — repeated multiple times, suggesting Darden's team is scrambling

(BRIEF PAUSE.) — before Darden pivots to unemployment insurance questions

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

Objections

4 objections (0 sustained, 4 overruled)

Proceeding 5086 • 86 utterances • Defense witness

Criminal Trial

Department 103