Recross-examination of Rosa Lopez (part 2)

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

Address:

C:\DEPT103\CRIMINAL\1995\FEB\24\RECROSS-EXAMINATION-OF-ROSA-LO.DOC

TRIAL

▲ Day 25 of 167

◀ Back on record Redirect examination of Rosa Lopez (part 2) ▶

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Friday, February 24, 1995 • Utterances: 57

Darden recrosses Rosa Lopez on the nature and credibility of her claimed fears, establishing that she has received no actual physical threats — only secondhand warnings from friends and her daughter. The examination ends with a sharp exchange where Lopez, asked why she prefers video testimony to open court, inadvertently concedes Darden's point by noting that everyone is already watching her in court.

# 1 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 2 Q:

BY MR. DARDEN: MISS LOPEZ, ARE YOU AWARE THAT IN EL SALVADOR TODAY, THAT THERE ARE MANY, MANY BILLBOARDS THAT SAY, "IF YOU SEE ROSA LOPEZ, CALL THIS NUMBER"?

KEY QUOTE

# 3 MR. COCHRAN:

YOUR HONOR, OBJECT TO THE FORM OF THE QUESTION. ASSUMES FACTS NOT IN EVIDENCE. I DON'T THINK MR. DARDEN HAS BEEN TO EL SALVADOR OVER THE LUNCH HOUR.

# 4 THE COURT:

WHAT'S YOUR OFFER OF PROOF ON THAT, MR. DARDEN, ASKING THAT QUESTION?

# 5 MR. DARDEN:

PARDON?

# 6 THE COURT:

WHAT'S YOUR OFFER OF PROOF IN ASKING THAT QUESTION?

# 7 MR. DARDEN:

A MEMBER OF THE PRESS JUST GAVE US THAT INFORMATION, YOUR HONOR.

# 8 MR. COCHRAN:

THE PRESS SHOULD BE OBJECTIVE, YOUR HONOR, AND I DON'T THINK --

# 9 MR. DARDEN:

IF IT'S TRUE, IT'S SUBJECTIVE.

# 10 MR. COCHRAN:

I MEAN, ARE THEY SWORN? THAT'S THE PROBLEM WITH A QUESTION LIKE THAT.

# 11 MR. DARDEN:

ARE YOU SWORN? I'M ASKING --

# 12 THE COURT:

I'M GOING TO SUSTAIN --

# 13 MR. DARDEN:

SHE SPEAKS TO PEOPLE IN EL SALVADOR. MAYBE SHE KNOWS THAT.

# 14 THE COURT:

WELL, SHE'S INDICATED SO FAR THAT SHE HASN'T TALKED TO ANYBODY IN EL SALVADOR IN THE LAST TWO WEEKS.

# 15 MR. DARDEN:

LATELY. LATELY.

# 16 THE COURT:

ALL RIGHT. I'M GOING TO SUSTAIN THE OBJECTION. THIS DOESN'T HELP ME A LOT.

# 17 Q:

BY MR. DARDEN: ALL RIGHT. YOU TOLD US THIS MORNING THAT -- STRIKE THAT. YOU MENTIONED TO US A LITTLE WHILE AGO THAT A SECURITY GUARD AT THE UNEMPLOYMENT OFFICE FRIGHTENED YOU IN SOME MANNER?

# 18 A:

YES.

# 19 Q:

AND WHAT WAS IT ABOUT THE SECURITY GUARD THAT FRIGHTENED YOU?

# 20 A:

IT'S NOT THAT IT SCARES ME. IT'S JUST THAT I DON'T LIKE BEING TOLD SOMETHING THAT I'M NOT. WHY DOES HE TELL ME THAT I'M MR. SIMPSON'S HOUSEKEEPER?

# 21 Q:

WELL, NO ONE HAS THREATENED TO BEAT YOU UP OR ANYTHING, CORRECT?

# 22 A:

NO.

# 23 MR. COCHRAN:

THAT'S NOT PART OF FEAR, YOUR HONOR. I DON'T THINK SHE HAS TO BE THREATENED TO BE BEATEN UP TO BE AFRAID.

# 24 THE COURT:

OVERRULED. WELL, SHE SAID SHE IS IN FEAR OF HER PERSONAL SAFETY ACCORDING TO THE DECLARATION.

# 25 Q:

BY MR. DARDEN: ALL RIGHT. NO ONE HAS THREATENED TO BEAT YOU UP, CORRECT?

# 26 A:

NOT ME.

# 27 Q:

AND YOU SAY THAT YOUR DAUGHTER TOLD YOU SOMETHING ABOUT THE PEOPLE ON THE OTHER SIDE?

# 28 A:

NOT ABOUT YOU, BUT THAT SHE DOESN'T LIKE IT. SHE'S AFRAID.

# 29 Q:

WELL, SHE TOLD YOU THAT YOU SHOULD BE CONCERNED ABOUT THE PEOPLE ON THE OTHER SIDE, CORRECT? CORRECT?

# 30 A:

YEAH.

# 31 Q:

WELL, WHO ARE THE PEOPLE ON THE OTHER SIDE?

# 32 A:

I DON'T KNOW.

# 33 Q:

ARE THEY BLACK PEOPLE?

# 34 A:

NO. I DON'T KNOW. SHE DIDN'T SPECIFY.

# 35 Q:

SO NO ONE HAS THREATENED YOU WITH ANY PHYSICAL HARM, CORRECT? CORRECT?

# 36 A:

BUT MANY OF MY FRIENDS TELL ME TO BE VERY CAREFUL BECAUSE THIS CASE IS VERY DIFFICULT AND THAT I COULD EVEN BE KILLED.

KEY QUOTE

# 37 Q:

BUT NO ONE HAS THREATENED YOU WITH PHYSICAL HARM, CORRECT?

# 38 A:

NO.

# 39 Q:

WHEN YOU SPOKE TO YOUR LAWYER, DID HE TELL YOU THAT YOU COULD TESTIFY ON TAPE?

# 40 A:

YES.

# 41 Q:

AND DID HE TELL YOU THAT YOU COULD DO THAT AND NOT BE REQUIRED TO TESTIFY IN OPEN COURT?

# 42 A:

YES.

# 43 Q:

AND THAT'S REALLY WHAT YOU WOULD RATHER DO, CORRECT?

# 44 A:

YES.

# 45 Q:

OKAY. YOU WOULD RATHER TESTIFY ON TAPE RATHER THAN HAVE TO TESTIFY IN FRONT OF ALL OF THESE PEOPLE, CORRECT?

# 46 MR. COCHRAN:

ALL OF WHAT PEOPLE? THEY'RE ALL HERE. OBJECT TO THE FORM OF THAT QUESTION. VAGUE AND UNCERTAIN, INDEFINITE, AMBIGUOUS, UNINTELLIGIBLE.

# 47 THE COURT:

OVERRULED. DO YOU UNDERSTAND THE QUESTION?

# 48 ROSA LOPEZ:

NO.

# 49 THE COURT:

REPHRASE THE QUESTION.

# 50 Q:

BY MR. DARDEN: WELL, WHEN YOU TESTIFY ON TAPE, IF YOU KNOW, WHO ELSE WILL BE PRESENT?

# 51 A:

I DON'T KNOW.

# 52 Q:

IS IT YOUR UNDERSTANDING THAT IT WILL ONLY BE YOU AND THE JUDGE AND THE LAWYERS?

# 53 A:

I DON'T KNOW.

# 54 Q:

WHY WOULD YOU RATHER TESTIFY ON TAPE?

# 55 A:

I'VE WANTED TO. BUT NOW EVERYBODY IS LOOKING AT ME HERE. SO WHY SHOULD I LEAVE?

KEY QUOTE

# 56 Q:

MY POINT EXACTLY.

# 57 MR. DARDEN:

NOTHING FURTHER.

Temperature

tense

Key Quotes (4)

Christopher Darden

MISS LOPEZ, ARE YOU AWARE THAT IN EL SALVADOR TODAY, THAT THERE ARE MANY, MANY BILLBOARDS THAT SAY, 'IF YOU SEE ROSA LOPEZ, CALL THIS NUMBER'?

Bizarre opening question based on unsworn press tip, immediately objected to and sustained — reveals Darden fishing for anything to pressure Lopez before the court.

Rosa Lopez

BUT MANY OF MY FRIENDS TELL ME TO BE VERY CAREFUL BECAUSE THIS CASE IS VERY DIFFICULT AND THAT I COULD EVEN BE KILLED.

The most dramatic statement of her claimed fear — but Darden has just established it is entirely secondhand, no one has threatened her directly.

Rosa Lopez

I'VE WANTED TO. BUT NOW EVERYBODY IS LOOKING AT ME HERE. SO WHY SHOULD I LEAVE?

Lopez inadvertently undercuts her own preference for video testimony; she has already adapted to testifying in open court.

Christopher Darden

MY POINT EXACTLY.

Clean close — Darden lets Lopez's own words collapse her argument for video deposition.

Notable Exchanges (4)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Darden opens with a question about billboards in El Salvador searching for Lopez, sourced from a press tip. Cochran objects; Ito asks for an offer of proof. Darden admits the source is a journalist, not sworn testimony. Objection sustained.

absurd

Christopher Darden•Rosa Lopez

Darden asks whether Lopez's daughter's warnings about 'people on the other side' referred to Black people. Lopez says no, her daughter did not specify.

probing

Christopher Darden•Rosa Lopez

Darden methodically establishes that Lopez has received no direct threats — no one threatened to beat her, no one threatened physical harm — while Lopez insists friends warned she 'could even be killed.'

strategic

Christopher Darden•Rosa Lopez

Closing exchange on why Lopez prefers video testimony. Lopez says she wanted that option earlier, but notes that everyone is already watching her in court — so why leave now? Darden says 'My point exactly' and rests.

revealing

Light Moments (1)

Christopher Darden / Johnnie Cochran

Cochran objects that the press 'should be objective'; Darden fires back 'If it's true, it's subjective.' Cochran asks if the press source is sworn. Darden snaps 'Are you sworn?' — a rare moment of sharp banter between counsel.

Credibility Attacks (2)

⚔ Rosa Lopez

minimization of claimed fear

Darden establishes step by step that Lopez received no direct threats — no physical threats, no specific warnings — only secondhand rumors from friends and her daughter, undermining her stated basis for preferring video testimony.

⚔ Rosa Lopez

self-contradiction

Lopez's closing admission that she has already adapted to testifying in open court contradicts her persistent requests for video deposition; Darden exploits this with a two-word close.

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 5068 • 57 utterances • Defense witness

Criminal Trial

Department 103