Direct examination of Carl Colby

📄 Direct examination of Carl Colby — Friday, February 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\DIRECT-EXAMINATION-OF-CARL-COL.DOC

TRIAL

▲ Day 12 of 167

◀ Witness oath and introduction Cross-examination of Carl Colby ▶

Witness: Carl Colby
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 128

Carl Colby, Nicole Brown Simpson's next-door neighbor on Gretna Green, testifies that in late April 1992 he observed a man standing on the sidewalk outside Nicole's home around 10:30–11pm, circling the block and returning to watch the house. He called 911 believing it might be a burglar, and only after the man drove away did he recognize him as O.J. Simpson. The testimony establishes a pattern of OJ surveilling Nicole's home at night without her apparent knowledge.

# 1 Q:

MR. COLBY, THE WITNESS THAT JUST TESTIFIED A MOMENT AGO, THAT IS YOUR WIFE; IS THAT CORRECT?

# 2 A:

YES, SIR.

# 3 Q:

NOW, SIR, THROUGHOUT 1992 AND 1993, WERE YOU LIVING IN A HOME LOCATED AT THE INTERSECTION OF SHETLAND AND GRETNA GREEN?

# 4 A:

YES, WE WERE LIVING ON THE NORTHWEST CORNER OF SHETLAND AND GRETNA GREEN, TWO-STORY HOUSE CHEEK TO JOWL WITH 325.

# 5 Q:

OKAY. SO NICOLE BROWN'S HOME WAS DIRECTLY NEXT DOOR TO YOURS DURING APRIL OF 1992; IS THAT CORRECT?

# 6 A:

YES, SIR.

# 7 Q:

YOU HAVE A SON; IS THAT CORRECT?

# 8 A:

YES. WE HAVE A SON NOW SIX YEARS OLD WHO WAS IN SCHOOL WITH JUSTIN SIMPSON, O.J.'S SON, AND THEY WERE BEST FRIENDS AND THEY SAW EACH OTHER CONSTANTLY AND, UMM, WHEN THEY MOVED IN, ACTUALLY NEXT DOOR, IT WAS A BIG SURPRISE AND A TERRIFIC EVENT BECAUSE TWO FRIENDS WHO WENT TO SCHOOL TOGETHER WERE NOW LIVING SIDE-BY-SIDE, SO THEY SAW EACH OTHER NEARLY EVERY DAY.

# 9 Q:

OKAY. AND YOU BECAME ACQUAINTED WITH THE DEFENDANT HERE; IS THAT CORRECT?

# 10 A:

YES, SIR.

# 11 Q:

AND YOU BECAME ACQUAINTED WITH NICOLE BROWN?

# 12 A:

YES. MORE WITH NICOLE BROWN BECAUSE SHE LIVED THERE AND WE JUST HAD MORE ENCOUNTERS WITH HER.

# 13 Q:

WHEN DID NICOLE BROWN MOVE INTO THE HOUSE NEXT DOOR, IF YOU KNOW?

# 14 A:

UMM, I BELIEVE IT WAS IN THE BEGINNING OF 1992.

# 15 Q:

JANUARY, 1992?

# 16 A:

YES, SIR.

# 17 Q:

OKAY. AND WHEN SHE MOVED INTO THE HOUSE, DID THE DEFENDANT MOVE INTO THE HOUSE WITH HER?

# 18 A:

NO, HE DID NOT.

# 19 Q:

NOW, DIRECTING YOUR ATTENTION TO THE LAST WEEK OF APRIL, 1992, DID YOU HAVE AN OCCASION TO CALL 911?

# 20 A:

YES, I DID.

# 21 Q:

WHAT CAUSED YOU TO CALL 911?

# 22 A:

WELL, IT WAS AN EVENING APPROXIMATELY 10:30 OR ELEVEN O'CLOCK AT NIGHT, AND IT IS A VERY -- IT IS A RESIDENTIAL NEIGHBORHOOD, VERY QUIET, AND SOMETIMES BEFORE RETIRING I LOOK -- JUST GO CHECK THE LOCKS AND LOOK AROUND DOWNSTAIRS AND MAKE SURE THE LIGHTS ARE OFF AND THINGS LIKE THAT. AND I HAPPENED TO LOOK OUTSIDE AND I SAW A MAN OUTSIDE ON THE SIDEWALK.

# 23 Q:

AND WHAT WAS THAT MAN DOING?

# 24 A:

UMM, HE WAS STANDING ON THE SIDEWALK LOOKING AT WHAT APPARENTLY WAS THE RESIDENCE NEXT DOOR, DIRECTLY TO THE NORTH OF US.

# 25 Q:

AND WHAT TIME OF THE NIGHT WAS THIS?

# 26 A:

I WOULD SAY IT WAS APPROXIMATELY BETWEEN 10:30 AND ELEVEN O'CLOCK THAT NIGHT.

# 27 Q:

SO THE MAN WAS STANDING ON THE SIDEWALK?

# 28 A:

YES. INITIALLY WHEN I SPOTTED HIM HE WAS STANDING ABOUT FIVE YARDS SOUTH OF THE DRIVEWAY AND RELATIVELY STATIONARY LOOKING AT THE HOUSE AND THEN SINCE I SAW HIM I WAS CURIOUS AND I DIDN'T RECOGNIZE HIM, SO I THOUGHT TO MYSELF, WHAT IS A MAN OF THIS DESCRIPTION DOING OUTSIDE AT THAT TIME, SO --

# 29 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT TO THE NARRATIVE ANSWER.

# 30 THE COURT:

SUSTAINED. ALL RIGHT. MR. DARDEN, NEXT QUESTION.

# 31 Q:

BY MR. DARDEN: SO YOU BECAME CURIOUS?

# 32 A:

YES, I WAS CURIOUS.

# 33 Q:

DID YOU CONTINUE TO WATCH THE MAN?

# 34 A:

YES, I DID.

# 35 Q:

WHAT DID YOU SEE THE MAN DO?

# 36 A:

I SAW HIM OBSERVE THE RESIDENCE NEXT DOOR AND THEN WALK AROUND THE CORNER, WHICH WOULD BE SOUTHERLY AND THEN WESTERLY ON SHETLAND, AND THEN GO BACK AROUND AGAIN AND LOOK AGAIN AT THAT RESIDENCE, AND I WAS A LITTLE BIT CONCERNED BECAUSE --

# 37 Q:

WELL, LET ME JUST STOP YOU THERE.

# 38 A:

ALL RIGHT.

# 39 Q:

SO THAT IT IS CLEAR, WHEN YOU FIRST SAW THE MAN WHO WAS ON THE SIDEWALK FIVE FEET FROM NICOLE BROWN'S DRIVEWAY --

# 40 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT TO MR. DARDEN LEADING THE WITNESS IN HIS TESTIMONY. HE HAS TESTIFIED. IT IS VERY CLEAR.

# 41 THE COURT:

ACTUALLY IT MISSTATES THE ANSWER.

# 42 CARL COLBY:

IT WAS FIVE YARDS.

# 43 Q:

BY MR. DARDEN: FIVE YARDS, OKAY, AND THEN HE WALKED BACK AROUND THE CORNER?

# 44 A:

YES. THEN HE WALKED IN A SOUTHERLY DIRECTION AND THEN BACK AROUND THE CORNER -- OUR HOUSE IS ON A CORNER LIKE THIS, (INDICATING). HE THEN WENT SOUTHERLY AND THEN WESTERLY AND THEN BACK AROUND AGAIN.

# 45 Q:

OKAY. DID HE WALK BACK TO THE SAME SPOT HE WAS IN WHEN YOU SAW HIM INITIALLY?

# 46 A:

YES, HE DID.

# 47 Q:

HOW MANY TIMES DID YOU SEE THIS MAN WALK WITHIN FIVE YARDS OF NICOLE BROWN'S DRIVEWAY AND THEN WALK BACK --

# 48 A:

JUST THOSE TWO INCIDENTS.

# 49 Q:

WERE YOU CONCERNED AT ALL BECAUSE HE WAS --

# 50 MR. SHAPIRO:

YOUR HONOR, IT HAS BEEN ANSWERED. I'M SORRY.

# 51 MR. DARDEN:

I WAS ASKING IF HE WAS CONCERNED.

# 52 CARL COLBY:

WELL, I ASKED --

# 53 THE COURT:

WELL, THERE IS AN OBJECTION, MR. COLBY. IF YOU WOULD, ALLOW ME TO RULE ON THE OBJECTION AND IF IT IS OKAY TO ANSWER THE QUESTION, I WILL TELL YOU THAT. ALL RIGHT. YOU HAVE ANSWERED THE QUESTION WERE YOU CONCERNED. THE ANSWER TO THAT QUESTION IS EITHER YES OR NO AND YOU HAVE ANSWERED THE QUESTION.

# 54 CARL COLBY:

THE ANSWER IS YES.

# 55 THE COURT:

ALL RIGHT. NEXT QUESTION, MR. DARDEN.

# 56 Q:

BY MR. DARDEN: WHAT DID YOU DO AFTER YOU SAW THE MAN RETURN TO A POINT WITHIN FIVE YARDS OF NICOLE BROWN'S DRIVEWAY?

# 57 A:

WELL, I THOUGHT THAT MAN MIGHT BE --

# 58 MR. SHAPIRO:

OBJECTION, YOUR HONOR. THE QUESTION IS WHAT DID YOU DO.

# 59 THE COURT:

HOLD ON.

# 60 CARL COLBY:

I CALLED --

# 61 THE COURT:

MR. COLBY, I REALIZE YOU ARE NOT USED TO DOING THIS VERY MUCH. LISTEN CAREFULLY TO THE QUESTION THAT MR. DARDEN OR MR. SHAPIRO ASKS YOU AND ANSWER THAT PRECISE QUESTION, PLEASE. OKAY. MR. DARDEN.

# 62 Q:

BY MR. DARDEN: WHAT DID YOU DO AFTER YOU SAW THE MAN RETURN TO THE DRIVEWAY?

# 63 A:

I CALLED 911.

# 64 Q:

WHY DID YOU CALL 911?

# 65 A:

BECAUSE I FELT THAT THE GENTLEMAN IN QUESTION COULD BE A POSSIBLE BURGLAR OR INTRUDER TO MY RESIDENCE OR TO ONE OF THE RESIDENCES IN THE NEIGHBORHOOD.

# 66 Q:

OKAY. AFTER YOU CALLED 911 DID YOU CONTINUE TO WATCH THE MAN?

# 67 A:

YES, I DID, AND WHEN I CALLED 911 I TOLD HIM --

# 68 MR. SHAPIRO:

ASKED AND ANSWERED, YOUR HONOR.

# 69 CARL COLBY:

-- THAT WAS NOT AN EMERGENCY.

# 70 THE COURT:

ALL RIGHT. PLEASE, JUST ANSWER THE QUESTION. THANK YOU.

# 71 Q:

BY MR. DARDEN: WHEN YOU CALLED 911 DID YOU CONTINUE TO WATCH THE MAN?

# 72 A:

YES, I DID.

# 73 Q:

OKAY. WHAT DID YOU SEE THE MAN DO AFTER YOU CALLED 911?

# 74 A:

HE WENT BACK TO THE ORIGINAL POSITION AND LOOKED UPON -- AT THE RESIDENCE AND THEN LEFT.

# 75 Q:

ALL RIGHT. NOW, AS THE MAN LEFT, DID YOU RECOGNIZE HIM?

# 76 A:

YES, I DID. AFTER I HAD MADE THE CALL I RECOGNIZED HIM.

# 77 Q:

AND WHO WAS THAT MAN?

# 78 A:

IT WAS MR. SIMPSON.

# 79 Q:

DID YOU EVER SEE THE DEFENDANT APPROACH THE FRONT DOOR OF NICOLE BROWN'S HOME THAT EVENING?

# 80 A:

NO, NOT THAT EVENING.

# 81 Q:

DID YOU EVER SEE NICOLE BROWN THAT EVENING?

# 82 A:

NO, I DID NOT.

# 83 Q:

COULD YOU SEE NICOLE BROWN'S DRIVEWAY AT ALL THAT EVENING?

# 84 A:

YES.

# 85 Q:

WAS HER VEHICLE OR HER CAR PARKED IN THE DRIVEWAY?

# 86 A:

I DON'T REMEMBER. I DON'T BELIEVE IT WAS.

# 87 Q:

DID YOU SEE THE DEFENDANT'S CAR IN NICOLE BROWN'S DRIVEWAY?

# 88 A:

NO. THE DEFENDANT'S CAR WAS AROUND THE CORNER.

# 89 Q:

AND HOW DO YOU KNOW THE DEFENDANT'S CAR WAS AROUND THE CORNER?

# 90 A:

BECAUSE I SAW HIM DRIVE AWAY.

# 91 Q:

OKAY. DID YOU SEE HIM WALK AROUND THE CORNER?

# 92 A:

YES.

# 93 Q:

DID YOU SEE HIS CAR PARKED AROUND THE CORNER?

# 94 A:

I ONLY SAW IT DRIVE OFF.

# 95 Q:

AND THE CORNER YOU ARE REFERRING TO, THAT WOULD BE SHETLAND; IS THAT RIGHT?

# 96 A:

RIGHT INTO THE CUL-DE-SAC.

# 97 Q:

I BELIEVE YOU INDICATED BEFORE THAT YOUR HOME IS LOCATED AT THE INTERSECTION AT SHETLAND AND GRETNA GREEN; IS THAT CORRECT?

# 98 A:

YES, SIR.

# 99 Q:

HOW FAR DOWN SHETLAND LANE, HOW FAR AWAY FROM THE INTERSECTION WAS THE DEFENDANT'S CAR THE FIRST TIME YOU SAW IT THAT NIGHT?

# 100 A:

APPROXIMATELY FIFTY TO SIXTY YARDS DOWN. I SAW THE CAR AS IT DEPARTED.

# 101 Q:

OKAY. NOW, WHAT DID YOU DO AFTER YOU REALIZED THAT THE MAN YOU SAW LOOKING AT NICOLE BROWN'S HOME WAS IN FACT THE DEFENDANT?

# 102 A:

WELL, I WAS EMBARRASSED THAT I HAD CALLED 911 BECAUSE I DIDN'T FEEL THAT MR. SIMPSON WAS A THREAT TO ME OR TO ANYONE ELSE IN OUR NEIGHBORHOOD, SO I DID NOT CALL THE POLICE BACK, BECAUSE SHORTLY THEREAFTER THE POLICE DID APPEAR AND I TOLD THEM WHO IT WAS AND WHAT THE NATURE OF THE INCIDENT HAD BEEN.

KEY QUOTE

# 103 Q:

DID YOU HAVE ANY CONVERSATION WITH THE DEFENDANT PRIOR TO HIM LEAVING?

# 104 A:

NO, I DID NOT.

# 105 Q:

HAD YOU EVER SEEN THE DEFENDANT ARRIVE AT NICOLE BROWN'S HOUSE LATE IN THE EVENING AND JUST STAND ON THE SIDEWALK?

# 106 A:

NO, ONLY THAT ONE INCIDENT.

# 107 Q:

DID YOU EVER SEE HIM OUTSIDE IN FRONT OF NICOLE BROWN'S HOUSE LATE AT NIGHT?

# 108 A:

NO, I DID NOT.

# 109 Q:

DID YOU KNOW, WHAT WAS HE DOING THAT NIGHT, THE NIGHT THAT YOU SAW HIM AND CALLED 911?

# 110 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION.

# 111 THE COURT:

I THINK HE CAN DESCRIBE WHAT HE OBSERVED.

# 112 MR. SHAPIRO:

HE ALREADY HAS, YOUR HONOR. IT IS ASKED AND ANSWERED AND CUMULATIVE.

# 113 THE COURT:

OVERRULED.

# 114 Q:

BY MR. DARDEN: WHAT WAS HE DOING?

# 115 A:

HE SEEMED TO BE HESITANT AND TO BE ATTEMPTING TO PERHAPS OBSERVE SOMETHING THAT MAY HAVE BEEN OCCURRING WITHIN THE HOUSE, BUT HE NEVER TOOK ACTION AND STEPPED ON TO THE PROPERTY OF THE HOUSE OR HE DIDN'T DO ANYTHING UNTOWARD.

KEY QUOTE

# 116 Q:

THERE IS A BIG PICTURE WINDOW IN FRONT OF 325 SOUTH GRETNA GREEN; IS THAT CORRECT?

# 117 A:

YES, SIR

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

# 119 MR. DARDEN:

IF WE CAN PUT PEOPLE'S 24 ON THE ELMO, YOUR HONOR.

# 120 THE COURT:

ALL RIGHT, 24, AND MR. COLBY, RIGHT TO YOUR RIGHT THERE IS A MONITOR FOR YOU TO LOOK AT WHAT IS BEING DEPICTED.

# 121 CARL COLBY:

YES, I SEE IT.

# 122 THE COURT:

MR. DARDEN.

# 123 Q:

BY MR. DARDEN: WHERE DO YOU SEE THE PICTURE WINDOW? WHERE? JUST TAKE A LOOK AT THE MONITOR. WHERE IS THE PICTURE WINDOW LOCATED?

# 124 A:

THE PICTURE WINDOW IS ON THE FAR RIGHT-HAND SIDE IN THE SHADOW OF THE TREES TO THE RIGHT OF THE DRIVEWAY.

# 125 MR. DARDEN:

THANK YOU.

# 126 Q:

AND YOU CAN SEE THROUGH THAT WINDOW FROM THE SIDEWALK, CAN'T YOU, OR DO YOU KNOW?

# 127 A:

CONCEIVABLY.

# 128 MR. DARDEN:

THANK YOU. THAT IS ALL I HAVE.

Temperature

tense

Key Quotes (4)

Carl Colby

IT WAS MR. SIMPSON.

The moment of identification — the entire testimony builds to this reveal, establishing OJ as the late-night figure watching Nicole's home.

Carl Colby

WELL, I WAS EMBARRASSED THAT I HAD CALLED 911 BECAUSE I DIDN'T FEEL THAT MR. SIMPSON WAS A THREAT TO ME OR TO ANYONE ELSE IN OUR NEIGHBORHOOD.

Reveals how OJ's celebrity status caused the neighbor to self-censor — he recognized Simpson and stood down, illustrating how fame shielded the behavior.

Carl Colby

HE SEEMED TO BE HESITANT AND TO BE ATTEMPTING TO PERHAPS OBSERVE SOMETHING THAT MAY HAVE BEEN OCCURRING WITHIN THE HOUSE, BUT HE NEVER TOOK ACTION AND STEPPED ON TO THE PROPERTY OF THE HOUSE OR HE DIDN'T DO ANYTHING UNTOWARD.

Colby's own characterization acknowledges no overt threat — important for both sides: prosecution gets the surveillance, defense gets the qualifier.

Carl Colby

TWO FRIENDS WHO WENT TO SCHOOL TOGETHER WERE NOW LIVING SIDE-BY-SIDE, SO THEY SAW EACH OTHER NEARLY EVERY DAY.

Establishes the Colby family's proximity and genuine familiarity with the Simpson household, bolstering his credibility as a witness.

Evidence (1)

People's 24

Photograph of 325 South Gretna Green (Nicole Brown's home), used to identify the location of the picture window visible from the sidewalk

displayed on ELMO, witness used to point out picture window location

Notable Exchanges (3)

Lance A. Ito•Carl Colby

Judge repeatedly had to instruct Colby to answer only the question asked, as the witness kept elaborating beyond what was asked — prompting Ito to explain courtroom procedure mid-testimony.

procedural

Carl Colby•Christopher Darden

Colby corrected Darden's mischaracterization of 'five feet' — the witness interjected 'IT WAS FIVE YARDS' before Ito could rule on Shapiro's objection that it misstated the testimony.

revealing

Robert Shapiro•Christopher Darden

Shapiro repeatedly objected to Darden's questions as leading, narrative, asked-and-answered, and cumulative — a sustained effort to disrupt the flow of testimony establishing OJ's late-night surveillance.

strategic

Light Moments (1)

Carl Colby

Colby spontaneously corrected Darden mid-objection, cutting in with 'IT WAS FIVE YARDS' before the judge could even rule — upstaging both lawyers.

Witness Demeanor

(INDICATING) — witness used hand gesture to demonstrate the corner layout of the neighborhood

Witness repeatedly began answering before objections were ruled on, requiring multiple judicial corrections

Objections

6 objections (3 sustained, 2 overruled)

Proceeding 4632 • 128 utterances • Prosecution witness

Criminal Trial

Department 103