Cross-examination of Carl Colby

📄 Cross-examination of Carl Colby — Friday, February 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\CROSS-EXAMINATION-OF-CARL-COLB.DOC

TRIAL

▲ Day 12 of 167

◀ Direct examination of Carl Colby Off-the-record discussion ▶

Witness: Carl Colby
Examiner: Robert Shapiro
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 29

Robert Shapiro briefly cross-examined Carl Colby, a witness who apparently observed OJ Simpson on a sidewalk near Nicole's home. Shapiro attempted to neutralize Colby's testimony by suggesting Simpson may have simply been waiting for Nicole, and that Colby himself recognized nothing truly suspicious. The examination was brief and largely unproductive for the defense, as Colby deflected most questions.

# 1 THE COURT:

ALL RIGHT. MR. SHAPIRO.

# 2 MR. SHAPIRO:

YES, YOUR HONOR. THANK YOU.

# 3

CROSS-EXAMINATION

# 4

BY MR. SHAPIRO:

# 5 Q:

GOOD AFTERNOON, MR. COLBY.

# 6 A:

GOOD AFTERNOON. HOW ARE YOU?

# 7 Q:

I'M ROBERT SHAPIRO. I AM ONE OF MR. SIMPSON'S LAWYERS AND I HAVE A VERY FEW QUESTIONS FOR YOU THIS MORNING.

# 8 A:

ALL RIGHT.

# 9 Q:

DO YOU KNOW WHETHER OR NOT O.J. SIMPSON WAS SIMPLY WAITING FOR NICOLE SIMPSON TO ARRIVE THAT NIGHT AND MEET HER?

# 10 A:

I HAVE NO KNOWLEDGE OF THAT.

# 11 Q:

DO YOU KNOW IF SHE WAS HOME?

# 12 A:

I DON'T KNOW THAT EITHER.

# 13 Q:

DO YOU KNOW IF THEY HAD HAD ANY PREARRANGEMENTS THAT NIGHT?

# 14 A:

NO.

# 15 Q:

AND AS YOU SAY, YOU WERE EMBARRASSED BY THE FACT THAT YOU HAD CALLED THE POLICE BECAUSE REALLY THERE WAS NOTHING SUSPICIOUS?

# 16 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

# 17 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 18 CARL COLBY:

REPEAT THE QUESTION AGAIN.

# 19 Q:

BY MR. SHAPIRO: YOU WERE SLIGHTLY EMBARRASSED THAT YOU HAD CALLED THE POLICE WHEN YOU REALIZED IT WAS O.J. SIMPSON, BECAUSE THERE REALLY WAS NOTHING SUSPICIOUS THAT EVENING?

# 20 A:

I CAN'T SPECULATE AS TO WHETHER IT WAS SUSPICIOUS BEHAVIOR OR NOT. ALL I SAID IS THAT I OBSERVED THE PARTY ON THE SIDEWALK.

KEY QUOTE

# 21 Q:

AND JUST A FINAL QUESTION. ONE OF THE LAWYERS IF MY OFFICE, SARA CAPLAN, CALLED YOU, DID SHE NOT?

# 22 A:

I DON'T REMEMBER THAT.

# 23 Q:

AND DO YOU RECALL LAST WEEK CALLED AND ASKED TO TALK TO YOU ABOUT YOUR OBSERVATIONS? DO YOU REMEMBER OR NOT?

# 24 A:

I THINK SO.

# 25 Q:

AND YOU TOLD HER THAT YOU WOULDN'T SPEAK WITH HER?

# 26 A:

I BELIEVE I DID SAY I DIDN'T SPEAK TO HER.

KEY QUOTE

# 27 Q:

WAS SHE RUDE IN ANY WAY TO YOU OR OFFENSIVE IN ANY WAY?

# 28 A:

NO, BUT I -- NO.

# 29 MR. SHAPIRO:

THANK YOU. NOTHING FURTHER.

Temperature

procedural

Key Quotes (2)

Carl Colby

I CAN'T SPECULATE AS TO WHETHER IT WAS SUSPICIOUS BEHAVIOR OR NOT. ALL I SAID IS THAT I OBSERVED THE PARTY ON THE SIDEWALK.

Colby resists Shapiro's framing, refusing to concede the scene was innocent while also not affirming it was suspicious.

Carl Colby

I BELIEVE I DID SAY I DIDN'T SPEAK TO HER.

Colby confirms he refused to talk to defense investigator Sara Caplan before trial, which Shapiro elicits to show non-cooperation without apparent cause.

Notable Exchanges (2)

Robert Shapiro•Carl Colby

Shapiro attempts to get Colby to admit he felt foolish for calling police when he realized it was OJ, implying there was nothing suspicious. Colby declines to accept the characterization.

strategic

Robert Shapiro•Carl Colby

Shapiro establishes that Colby refused to speak with defense lawyer Sara Caplan before trial, then confirms she was not rude or offensive — suggesting Colby's refusal was deliberate avoidance.

strategic

Light Moments (2)

Carl Colby

Colby greets Shapiro with 'GOOD AFTERNOON. HOW ARE YOU?' — an unusually warm opening for a cross-examination.

Robert Shapiro

Shapiro tells the witness 'I HAVE A VERY FEW QUESTIONS FOR YOU THIS MORNING' — then it was afternoon, a minor slip.

Credibility Attacks (1)

⚔ Carl Colby

bias / witness availability

Shapiro established that Colby refused to speak with defense investigator Sara Caplan despite her being polite, implying Colby was aligned with the prosecution and unwilling to cooperate with the defense.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4633 • 29 utterances • Prosecution witness

Criminal Trial

Department 103