Direct examination of Catherine Boe (part 1)

📄 Direct examination of Catherine Boe (part 1) — Friday, February 3, 1995

Address:

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

TRIAL

▲ Day 12 of 167

◀ Redirect examination of Sgt. Robert Lerner (part 2) Sidebar: statement admissibility ▶

Witness: Catherine Boe
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 258

Catherine Boe, Nicole Brown Simpson's next-door neighbor on Gretna Green Way, testified that in late April 1992 around 11:30 PM she saw OJ Simpson walking slowly northward on the sidewalk toward Nicole's house. His car was parked around the corner on Shetland Lane rather than in front of Nicole's home or in her driveway. Her husband began preparing to call 911; she went to bed after identifying the man as OJ. The examination was cut short when a hearsay objection was sustained after Boe started to explain that Nicole wouldn't let OJ into the house.

# 1 CATHERINE BOE:

THANK YOU, YOUR HONOR.

# 2 THE COURT:

MR. DARDEN.

# 3 MR. DARDEN:

YOUR HONOR, MAY I HAVE ONE MOMENT TO CHECK TO SEE IF THE NEXT WITNESS IS HERE OUT IN THE HALLWAY?

# 4 THE COURT:

PLEASE.

# 5 (BRIEF PAUSE.)

# 6 MR. DARDEN:

YOUR HONOR, THE PEOPLE WOULD LIKE TO CALL CATHERINE COLBY TO THE STAND.

# 7 THE COURT:

ALL RIGHT. STAND OVER HERE BY THE COURT REPORTER, PLEASE, AND FACE THE CLERK. STAND RIGHT THERE AND RAISE YOUR RIGHT HAND.

CATHERINE BOE, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 8 THE CLERK:

PLEASE RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

# 9 CATHERINE BOE:

YES, I DO.

# 10 THE CLERK:

PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 11 CATHERINE BOE:

MY NAME IS CATHERINE BOE, C-A-T-H-E-R-I-N-E, BOE, B-O-E.

# 12 THE CLERK:

THANK YOU.

# 13 THE COURT:

MR. DARDEN.

# 14 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 15

DIRECT EXAMINATION

# 16

BY MR. DARDEN:

# 17 Q:

GOOD MORNING.

# 18 A:

GOOD MORNING.

# 19 Q:

WITHOUT GIVING US YOUR SPECIFIC ADDRESS, CAN YOU TELL US OR RATHER GIVE US THE INTERSECTION IN WHICH YOU LIVE?

# 20 A:

I LIVE AT THE INTERSECTION OF SHETLAND LANE AND GRETNA GREEN WAY.

# 21 Q:

DURING 1992 AND 1993, DID YOU LIVE NEXT DOOR TO NICOLE BROWN?

# 22 A:

YES, I DID.

# 23 Q:

HER HOME ON GRETNA GREEN WAS DIRECTLY ADJACENT TO YOUR HOME?

# 24 A:

YES, IT WAS.

# 25 Q:

OKAY. AND YOU LIVED AT YOUR HOME WITH CARL COLBY; IS THAT RIGHT?

# 26 A:

YES, MY HUSBAND.

# 27 Q:

LET ME DIRECT YOUR ATTENTION TO APRIL OF 1992. FIRST OF ALL, DURING APRIL OF 1992, DID YOU KNOW NICOLE BROWN?

# 28 A:

YES, I DID KNOW NICOLE.

# 29 Q:

AND DID YOU CONSIDER HER A FRIEND?

# 30 A:

YES, I CERTAINLY DID.

# 31 Q:

DID YOU KNOW HER HUSBAND AT THE TIME?

# 32 A:

I DID KNOW HER HUSBAND.

# 33 Q:

I'M SORRY?

# 34 A:

I DID KNOW HER HUSBAND.

# 35 Q:

THE DEFENDANT SEATED HERE IN COURT?

# 36 (NO AUDIBLE RESPONSE.)

# 37 Q:

YOU KNEW HIM?

# 38 A:

YES.

# 39 Q:

DIRECTING YOUR ATTENTION TO THE LAST WEEK OF APRIL OF 1992, AT ABOUT 11:30 P.M., DID YOU SEE THE DEFENDANT AT THAT TIME?

# 40 A:

YES, I DID.

# 41 Q:

OKAY. WHERE WERE YOU WHEN YOU SAW THE DEFENDANT?

# 42 A:

I WAS IN MY UPSTAIRS BEDROOM.

# 43 Q:

AND WHERE WAS THE DEFENDANT WHEN YOU SAW HIM?

# 44 A:

HE WAS ON THE SIDEWALK BELOW.

# 45 Q:

WHAT DID YOU SEE THE DEFENDANT DO?

# 46 A:

I SAW HIM WALKING AROUND ON THE SIDEWALK, WALKING FROM SHETLAND UP GRETNA GREEN SLOWLY.

# 47 Q:

DID HE ONLY WALK FROM SHETLAND TO GRETNA GREEN ONE TIME?

# 48 A:

I FELT UNCOMFORTABLE WATCHING HIM, SO I DIDN'T --

KEY QUOTE

# 49 MR. COCHRAN:

OBJECTION.

# 50 THE COURT:

NONRESPONSIVE.

# 51 THE COURT:

MISS BOE, IF YOU WOULD, LISTEN CAREFULLY TO THE QUESTION THAT THE ATTORNEY ASKS YOU AND TRY TO ANSWER ONLY THE PRECISE QUESTION THAT IS ASKED OF YOU.

# 52 CATHERINE BOE:

ALL RIGHT.

# 53 THE COURT:

MR. DARDEN.

# 54 MR. DARDEN:

THANK YOU.

# 55 Q:

HOW MANY TIMES DID YOU SEE THE DEFENDANT WALK FROM SHETLAND TO NICOLE BROWN'S HOUSE ON GRETNA GREEN?

# 56 A:

ON THAT NIGHT I SAW HIM WALK ONCE.

# 57 Q:

DID YOU EVER SEE HIM WALK BACK, THAT IS, FROM NICOLE BROWN'S HOUSE TO THE CORNER AT GRETNA GREEN?

# 58 A:

NO, I DID NOT.

# 59 Q:

WHAT DID YOU DO THE FIRST TIME YOU NOTICED THE DEFENDANT OUTSIDE ON THE SIDEWALK?

# 60 (NO AUDIBLE RESPONSE.)

# 61 MR. DARDEN:

STRIKE THAT. LET ME WITHDRAW THAT, YOUR HONOR, IF I MAY.

# 62 Q:

OKAY. YOU SAW SOMEONE ON THE SIDEWALK, CORRECT?

# 63 A:

YES.

# 64 Q:

DID YOU KNOW WHO IT WAS WHEN YOU FIRST SAW HIM?

# 65 A:

NO, I DID NOT.

# 66 Q:

DID YOU --

# 67 A:

NOT IMMEDIATELY.

# 68 Q:

NOT IMMEDIATELY. IS THAT NO?

# 69 (NO AUDIBLE RESPONSE.)

# 70 Q:

IS THAT NO?

# 71 A:

NO.

# 72 Q:

OKAY. AT SOME POINT DID YOU LATER DETERMINE WHO THAT PERSON WAS THAT YOU SAW ON THE SIDEWALK?

# 73 A:

YES, I DID.

# 74 Q:

OKAY. AT WHAT POINT WAS THAT?

# 75 A:

JUST SOME FEW MINUTES LATER.

# 76 Q:

AND HOW DID YOU DETERMINE THE IDENTITY THE PERSON YOU SAW ON THE SIDEWALK?

# 77 A:

I RECOGNIZED HIM.

# 78 Q:

OKAY. NOW, YOU MENTIONED A MOMENT AGO THAT YOU FELL UNCOMFORTABLE WATCHING THE MAN ON THE SIDEWALK; IS THAT RIGHT?

# 79 A:

YES.

# 80 Q:

WHAT DID YOU DO AFTER YOU SAW THAT PERSON INITIALLY? DID YOU CONTINUE TO WATCH HIM?

# 81 A:

NO, I DIDN'T.

# 82 Q:

WHAT DID YOU DO?

# 83 A:

I TURNED AWAY FROM THE CURTAIN.

# 84 Q:

OKAY. WHERE DID YOU GO?

# 85 A:

FURTHER INTO THE BEDROOM.

# 86 Q:

OKAY. WHERE WAS YOUR HUSBAND, CARL COLBY, AT THAT TIME?

# 87 A:

HE WAS WITH ME AT THE WINDOW.

# 88 Q:

OKAY. DID YOU RETURN TO THE WINDOW?

# 89 A:

ONLY AFTER HE WENT DOWNSTAIRS.

# 90 Q:

OKAY. BUT AT SOME POINT YOU RETURNED TO THE WINDOW?

# 91 A:

YES.

# 92 Q:

OKAY. WHERE WAS YOUR HUSBAND, CARL COLBY, WHEN YOU RETURNED TO THE WINDOW?

# 93 A:

HE WAS GOING DOWNSTAIRS.

# 94 Q:

OKAY. WHY DID YOU RETURN TO THE WINDOW?

# 95 A:

BECAUSE I WANTED TO KNOW WHO IT WAS.

# 96 Q:

AND THIS SECOND TIME, THIS SECOND TIME THAT YOU WENT TO THE WINDOW, WERE YOU ABLE TO RECOGNIZE THE PERSON YOU SAW ON THE SIDEWALK?

# 97 A:

YES, I WAS.

# 98 Q:

OKAY. WHO WAS THAT PERSON?

# 99 A:

O.J.

# 100 Q:

THE DEFENDANT?

# 101 A:

YES.

# 102 Q:

NOW, HOW MUCH TIME WENT BY BETWEEN THE FIRST TIME THAT YOU WENT TO THE WINDOW AND THE SECOND TIME THAT YOU WENT TO THE WINDOW?

# 103 A:

TWO MINUTES, ONE OR TWO MINUTES.

# 104 Q:

OKAY. NOW, THE SECOND TIME THAT YOU WENT TO THE WINDOW, WAS THE DEFENDANT IN THE EXACT SAME SPOT THAT HE WAS WHEN YOU FIRST WENT TO THE WINDOW?

# 105 A:

NO, HE WAS MOVING SLOWLY FORWARD.

# 106 Q:

IN WHAT DIRECTION?

# 107 A:

NORTH.

# 108 Q:

TOWARD NICOLE BROWN'S HOUSE?

# 109 A:

YES.

# 110 Q:

NOW, YOU KNEW THE DEFENDANT PRIOR TO THAT EVENING; IS THAT CORRECT?

# 111 A:

YES.

# 112 Q:

YOU HAD MET HIM BEFORE?

# 113 A:

UH-HUH.

# 114 Q:

IS THAT YES?

# 115 A:

YES.

# 116 Q:

NOW, WHAT WAS THE DEFENDANT DOING OUT ON THE WALK THE FIRST TIME YOU SAW HIM?

# 117 A:

HE WAS THINKING.

# 118 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION. MOTION TO STRIKE.

# 119 THE COURT:

THE ANSWER IS ACTUALLY NONRESPONSIVE, SO THE ANSWER WILL BE STRICKEN. THE JURY IS TO DISREGARD.

# 120 Q:

BY MR. DARDEN: WELL, WHAT DID YOU SEE THE DEFENDANT DO? WHAT, IF ANYTHING, WAS HE DOING THAT YOU COULD SEE THE FIRST TIME YOU SAW HIM?

# 121 A:

HE WAS JUST WALKING ALONG.

# 122 Q:

OKAY. ALL RIGHT. WAS HE WALKING IN A NORTHERLY DIRECTION THE FIRST TIME YOU SAW HIM?

# 123 A:

YES, HE WAS.

# 124 Q:

OKAY. AND THE SECOND TIME YOU SAW HIM, WAS HE STILL WALKING IN A NORTHERLY DIRECTION?

# 125 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT. THIS HAS BEEN ASKED AND ANSWERED THREE TIMES AND IT IS LEADING AND SUGGESTIVE.

# 126 CATHERINE BOE:

YES, HE WAS.

# 127 THE COURT:

OVERRULED.

# 128 Q:

BY MR. DARDEN: DID YOU SEE THE DEFENDANT DO ANYTHING OTHER THAN WALK IN A NORTHERLY DIRECTION EITHER OF THOSE TWO TIMES?

# 129 A:

NO, I DID NOT.

# 130 Q:

DID THE DEFENDANT EVER LEAVE YOUR VIEW?

# 131 A:

NO, HE DID NOT.

# 132 MR. DARDEN:

MAY I HAVE ONE MOMENT?

# 133 THE COURT:

CERTAINLY.

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

# 135 Q:

BY MR. DARDEN: NOW, AFTER THE FIRST TIME YOU SAW THE DEFENDANT, AT THE TIME IN WHICH YOU DIDN'T KNOW WHO HE WAS, DID YOU CALL 911?

# 136 A:

NO, I DID NOT.

# 137 Q:

DID SOMEONE CALL 911?

# 138 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION.

# 139 THE COURT:

OVERRULED. SHE CAN ANSWER THE QUESTION IF SHE KNOWS.

# 140 CATHERINE BOE:

MY HUSBAND PREPARED TO CALL 911.

# 141 MR. SHAPIRO:

MOTION TO STRIKE AS NONRESPONSIVE.

# 142 THE COURT:

OVERRULED.

# 143 Q:

BY MR. DARDEN: DID YOU SEE THE DEFENDANT DO ANYTHING OTHER THAN WALK IN A NORTHERLY DIRECTION EITHER OF THOSE TWO TIMES?

# 144 A:

NO, I DID NOT.

# 145 Q:

DID THE DEFENDANT EVER LEAVE YOUR VIEW?

# 146 A:

NO, HE DID NOT.

# 147 MR. DARDEN:

MAY I HAVE ONE MOMENT?

# 148 THE COURT:

CERTAINLY.

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

# 150 Q:

BY MR. DARDEN: NOW, AFTER THE FIRST TIME YOU SAW THE DEFENDANT, AT THE TIME IN WHICH YOU DIDN'T KNOW WHO HE WAS, DID YOU CALL 911?

# 151 A:

NO, I DID NOT.

# 152 Q:

DID SOMEONE CALL 911?

# 153 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION.

# 154 THE COURT:

OVERRULED. SHE CAN ANSWER THE QUESTION IF SHE KNOWS.

# 155 CATHERINE BOE:

MY HUSBAND PREPARED TO CALL 911.

# 156 MR. SHAPIRO:

MOTION TO STRIKE AS NONRESPONSIVE.

# 157 THE COURT:

OVERRULED.

# 158 Q:

BY MR. DARDEN: DID YOU SEE YOUR HUSBAND PICK UP THE TELEPHONE?

# 159 A:

NO, I DID NOT.

# 160 Q:

HOW DID HE PREPARE TO CALL 911?

# 161 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION.

# 162 CATHERINE BOE:

HE HEADED DOWNSTAIRS.

# 163 THE COURT:

OVERRULED.

# 164 Q:

BY MR. DARDEN: AND AS YOUR HUSBAND HEADED DOWNSTAIRS, YOU CONTINUED TO WATCH THE MAN ON THE SIDEWALK?

# 165 A:

YES, I DID.

# 166 Q:

HOW LONG DID THE MAN REMAIN ON THE SIDEWALK?

# 167 (NO AUDIBLE RESPONSE.)

# 168 Q:

THE MAN YOU IDENTIFIED AS THE DEFENDANT?

# 169 A:

ALL THE TIME THAT MY HUSBAND WAS DOWNSTAIRS.

# 170 Q:

OKAY. HOW MUCH TIME WAS THAT?

# 171 A:

TWO OR THREE MINUTES.

# 172 Q:

DID YOUR HUSBAND CALL 911?

# 173 A:

YES, HE DID.

# 174 Q:

WHAT HAPPENED NEXT?

# 175 A:

I WENT TO TELL HIM THAT IT WAS O.J.

KEY QUOTE

# 176 Q:

YOU WENT DOWNSTAIRS TO TELL YOUR HUSBAND THAT THE MAN ON THE SIDEWALK WAS O.J., THE DEFENDANT?

# 177 A:

UH-HUH, I DID, YES.

# 178 Q:

OKAY. DID YOU TELL HIM THAT?

# 179 A:

YES, I DID.

# 180 Q:

DID YOU LOOK BACK OUT TOWARD THE SIDEWALK AT THAT TIME?

# 181 A:

I LOOKED, I RECOGNIZED HIM AND I WENT ON TELLING MY HUSBAND.

# 182 Q:

YOU WENT DOWNSTAIRS?

# 183 A:

YES, I DID.

# 184 Q:

OKAY. IS THERE A WINDOW DOWNSTAIRS, A WINDOW THAT FACES GRETNA GREEN?

# 185 A:

YES, THERE IS.

# 186 Q:

DID YOU LOOK THROUGH THAT WINDOW WHEN YOU WENT DOWNSTAIRS?

# 187 A:

NO, I DID NOT.

# 188 Q:

WHAT DID YOU DO AFTER YOU TOLD YOUR HUSBAND THAT THE MAN ON THE SIDEWALK WAS O.J.?

# 189 A:

I WENT BACK UPSTAIRS.

# 190 Q:

WHAT DID YOU DO?

# 191 A:

AND I WENT TO BED.

# 192 Q:

OKAY. DID YOU EVER LOOK OUT THE WINDOW AGAIN?

# 193 A:

NO, I DID NOT.

# 194 Q:

DID THE POLICE ARRIVE AT YOUR HOUSE?

# 195 A:

UMM, I DON'T REMEMBER.

# 196 Q:

DID YOU EVER SEE THE DEFENDANT WALK UP TO THE FRONT OF THE HOUSE OCCUPIED BY NICOLE BROWN?

# 197 A:

NO, I DIDN'T.

# 198 Q:

DID YOU EVER TELL THE POLICE THAT YOU SAW THE DEFENDANT WALK TO THE FRONT OF THE HOUSE --

# 199 A:

NO, I DID NOT.

# 200 Q:

-- NEXT DOOR? DID YOU SEE THE DEFENDANT'S CAR AT ALL?

# 201 A:

YES, I DID.

# 202 Q:

WHERE WAS HIS CAR?

# 203 A:

IT WAS PARKED ON SHETLAND LANE.

# 204 Q:

THE DEFENDANT'S CAR WAS PARKED ON SHETLAND LANE?

# 205 A:

YES, IT WAS.

# 206 Q:

OKAY. NOW, THE FRONT OF NICOLE BROWN'S HOUSE FACES WHICH STREET?

# 207 A:

GRETNA GREEN.

# 208 Q:

SO THE DEFENDANT'S CAR WAS PARKED AROUND THE CORNER?

# 209 A:

THAT'S RIGHT.

# 210 Q:

IS THERE A DRIVEWAY IN FRONT OF NICOLE BROWN'S HOME?

# 211 A:

YES, THERE IS.

# 212 Q:

IS THAT A SINGLE-CAR DRIVEWAY?

# 213 A:

NO, IT IS A LARGE DRIVEWAY.

# 214 Q:

THREE-CAR DRIVEWAY?

# 215 A:

TWO-CAR.

# 216 Q:

OKAY. AND ARE THERE PLACES TO PARK IN FRONT OF THE HOUSE, THAT IS, AT THE CURB?

# 217 A:

YES, THERE ARE.

# 218 Q:

OKAY. THE DEFENDANT DIDN'T PARK AT THE CURB IN FRONT OF THE HOUSE?

# 219 A:

NO, HE DID NOT.

# 220 Q:

HE DIDN'T PARK IN THE DRIVEWAY?

# 221 A:

NO, HE DID NOT.

# 222 Q:

AND WHEN YOU SAY THE DEFENDANT PARKED ON SHETLAND LANE AND AROUND THE CORNER, HOW FAR DOWN THE STREET, HOW FAR AWAY FROM THE INTERSECTION AT SHETLAND LANE AND GRETNA GREEN DID THE DEFENDANT PARK HIS CAR?

# 223 A:

ONE BUILDING BEYOND THE CORNER. IT WAS REALLY IN FRONT OF OUR BUILDING THAT HE PARKED AND OUR BUILDING IS VERY LONG.

# 224 Q:

AND THAT IS BECAUSE YOUR BUILDING HAS SEVERAL UNITS?

# 225 A:

THREE, YES; THAT'S RIGHT.

# 226 Q:

DO YOU KNOW WHY THE DEFENDANT DIDN'T PARK HIS VEHICLE IN FRONT OF NICOLE BROWN'S?

# 227 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION.

# 228 CATHERINE BOE:

NO, I DON'T.

# 229 MR. SHAPIRO:

MOTION --

# 230 THE COURT:

SUSTAINED. WELL --

# 231 Q:

BY MR. DARDEN: HAD YOU EVER SEEN THE DEFENDANT ARRIVE AT NICOLE BROWN'S HOUSE AT NIGHT?

# 232 MR. SHAPIRO:

OBJECTION, VAGUE AS TO TIME.

# 233 THE COURT:

OVERRULED. FOUNDATIONAL. I ASSUME THERE ARE SOME MORE QUESTIONS COMING BEHIND THIS. YOU CAN ANSWER THE QUESTION.

# 234 CATHERINE BOE:

UMM, NO, BUT I WAS -- I WASN'T OFTEN OVER THERE AT NIGHT MYSELF.

# 235 Q:

BY MR. DARDEN: OKAY. SO YOU NEVER SAW HIM ARRIVE AT NICOLE BROWN'S HOUSE AT NIGHT?

# 236 A:

NO.

# 237 Q:

DID YOU EVER SEE THE DEFENDANT LEAVE ANYTHING FOR NICOLE BROWN, THAT IS, ON HER DOORSTEP?

# 238 A:

I'M SORRY?

# 239 Q:

DID YOU EVER SEE THE DEFENDANT, O.J., LEAVE ANYTHING AT NICOLE BROWN'S DOORSTEP?

KEY QUOTE

# 240 A:

I DIDN'T SEE -- NO, I DIDN'T SEE THINGS -- UMM, HIM LEAVE ANYTHING. I SAW THINGS THAT HE HAD LEFT THAT NICOLE TOLD ME HE HAD LEFT.

# 241 Q:

DID THE DEFENDANT EVER VISIT YOU AT YOUR HOME?

# 242 A:

YES, HE DID.

# 243 Q:

ON HOW MANY OCCASIONS?

# 244 A:

ONLY A COUPLE OF TIMES.

# 245 Q:

OKAY. NOW, YOU HAVE A SON; IS THAT CORRECT?

# 246 A:

THAT'S RIGHT.

# 247 Q:

OKAY. AND YOUR SON PLAYED WITH THE DEFENDANT'S SON, JUSTIN; IS THAT RIGHT?

# 248 A:

THAT'S RIGHT.

# 249 Q:

DID YOU EVER TALK TO THE DEFENDANT ABOUT HIS RELATIONSHIP WITH NICOLE BROWN?

# 250 A:

ON A COUPLE OF OCCASIONS I DID.

# 251 Q:

LET'S TALK ABOUT THE FIRST OCCASION. WHERE DID THAT CONVERSATION TAKE PLACE?

# 252 A:

WELL, THAT TOOK PLACE IN MY KITCHEN.

# 253 Q:

HOW IS IT THAT THE DEFENDANT FOUND HIMSELF IN YOUR KITCHEN?

# 254 A:

WELL, NICOLE WOULDN'T LET HIM IN THE HOUSE AT THAT TIME.

KEY QUOTE

# 255 MR. SHAPIRO:

OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.

# 256 THE COURT:

SUSTAINED.

# 257 MR. SHAPIRO:

MOTION TO STRIKE. MAY WE APPROACH THE BENCH?

# 258 THE COURT:

THAT IS STRICKEN AND THE JURY IS ORDERED TO DISREGARD THE LAST ANSWER. YES. LET'S SEE THE COURT REPORTER, PLEASE.

Temperature

tense

Key Quotes (4)

Catherine Boe

I FELT UNCOMFORTABLE WATCHING HIM, SO I DIDN'T --

Spontaneous expression of unease before being cut off by objection; establishes her initial reaction to an unidentified man lurking outside at 11:30 PM

Catherine Boe

O.J.

Flat, unambiguous identification of the defendant as the man she saw prowling outside Nicole's house late at night

Catherine Boe

IT WAS REALLY IN FRONT OF OUR BUILDING THAT HE PARKED AND OUR BUILDING IS VERY LONG.

Establishes that OJ deliberately parked around the corner on Shetland Lane rather than in the ample parking available in front of Nicole's house, suggesting concealment

Catherine Boe

WELL, NICOLE WOULDN'T LET HIM IN THE HOUSE AT THAT TIME.

Immediately stricken as hearsay, but the most explosive moment in the examination — directly indicating a contentious dynamic between OJ and Nicole that night

Evidence (1)

Informal

911 call placed by Carl Colby (husband) from the Boe residence

discussed verbally; not introduced as exhibit

Notable Exchanges (2)

Christopher Darden•Catherine Boe•Robert Shapiro

Boe answered 'HE WAS THINKING' when asked what the defendant was doing, prompting a speculation objection and the answer being stricken. Shapiro then objected that the reformulated question had been asked and answered three times — overruled.

strategic

Catherine Boe•Robert Shapiro•Lance A. Ito

Boe began to explain 'NICOLE WOULDN'T LET HIM IN THE HOUSE AT THAT TIME,' triggering an immediate hearsay objection from Shapiro; Ito sustained it, struck the answer, and called the parties to the bench.

revealing

Witness Demeanor

(NO AUDIBLE RESPONSE.) — twice, when asked to confirm identification of defendant

(NO AUDIBLE RESPONSE.) — when asked what she did the first time she noticed the defendant

Objections

9 objections (3 sustained, 5 overruled)

Proceeding 4596 • 258 utterances • Prosecution witness

Criminal Trial

Department 103