Direct examination of Denise Brown (part 4)

📄 Direct examination of Denise Brown (part 4) — Friday, February 3, 1995

Address:

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

TRIAL

▲ Day 12 of 167

◀ Sidebar: defendant's character Sidebar: witness conduct ▶

Witness: Denise Brown
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 66

Denise Brown testifies about a violent incident at OJ Simpson's Rockingham home, describing how OJ exploded when she told him he took Nicole for granted — throwing Nicole against a wall, hurling her out of the house, and ejecting Denise and Ed McCabe as well. The testimony becomes too much for Brown; Darden requests an early adjournment and the session ends for the weekend.

# 1 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. LADIES AND GENTLEMEN, I'M GOING TO INSTRUCT YOU TO DISREGARD THE LAST ANSWER REGARDING THE DEFENDANT'S EGO. THAT QUESTION AND ANSWER IS NOT RELEVANT TO THE ISSUE BEFORE THE COURT AT THIS TIME. AND, MISS BROWN, IF I CAN ASK YOU, WOULD YOU PLEASE LISTEN CAREFULLY TO THE QUESTION THAT THE ATTORNEYS ASK OF YOU AND IF YOU WOULD ANSWER JUST THE PRECISE QUESTION THAT THEY ASK YOU, THIS WILL GO A LOT EASIER.

# 2 DENISE BROWN:

OKAY.

# 3 THE COURT:

ALL RIGHT? THANK YOU.

# 4 DENISE BROWN:

SURE.

# 5 THE COURT:

MR. DARDEN.

# 6 MR. DARDEN:

YOUR HONOR, MAY I HAVE A MOMENT?

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

# 8 THE COURT:

WE'RE NOT IN A HURRY. SO DON'T RUSH. MR. DARDEN.

# 9 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 10 Q:

BY MR. DARDEN: YOU OKAY, MISS BROWN?

# 11 A:

YEAH.

# 12 Q:

LET ME DIRECT YOUR ATTENTION TO THE LA CANTINA RESTAURANT, OKAY?

# 13 A:

OKAY.

# 14 Q:

ARE YOU ACQUAINTED WITH SOMEONE BY THE NAME OF ED MCCABE?

# 15 A:

YES, I WAS.

# 16 Q:

THIS IS SOMEONE YOU'VE KNOWN OVER THE LAST DECADE OR SO?

# 17 A:

I'VE KNOWN ED FOR A WHILE. I USED TO DATE HIM.

# 18 Q:

AND WHEN DID YOU STOP DATING ED MCCABE?

# 19 A:

OH, I THINK WE MAY HAVE GONE OUT FOR A YEAR OR TWO, MAYBE TWO YEARS.

# 20 Q:

DO YOU STILL SPEAK TO ED MCCABE?

# 21 A:

NOT TOO OFTEN.

# 22 Q:

AND IN WHAT CITY AND STATE DOES HE LIVE?

# 23 A:

HE'S IN NEW YORK.

# 24 Q:

DO YOU RECALL AN OCCASION WHEN YOU AND ED MCCABE AND NICOLE AND THE DEFENDANT WENT OUT TO DINNER?

# 25 A:

YES, I DO.

# 26 Q:

AND WHERE DID THE FOUR OF YOU GO AFTER YOU LEFT THE LA CANTINA RESTAURANT?

# 27 A:

WE WENT TO O.J.'S HOUSE, O.J. AND NICOLE'S HOUSE.

# 28 Q:

ON ROCKINGHAM?

# 29 A:

YES.

# 30 Q:

NOW, HAD YOU HAD SOMETHING TO DRINK AT THE RESTAURANT BEFORE?

# 31 A:

YEAH. MARGUERITAS.

# 32 Q:

AND DID THE DEFENDANT HAVE SOMETHING TO DRINK?

# 33 A:

YEAH. WE ALL DID.

# 34 Q:

ALL FOUR OF YOU?

# 35 A:

YES.

# 36 Q:

AND WHAT DID YOU DO WHEN YOU RETURNED TO THE DEFENDANT'S HOME ON ROCKINGHAM?

# 37 A:

WE WERE SITTING AT THE BAR TALKING, HAVING SOME MORE DRINKS AND TALKING.

# 38 Q:

OKAY. WHILE YOU WERE TALKING, DID YOU SAY SOMETHING TO THE DEFENDANT?

# 39 A:

YES, I DID.

# 40 Q:

WHAT DID YOU SAY TO HIM?

# 41 A:

I TOLD HIM HE TOOK NICOLE FOR GRANTED, AND HE BLEW UP.

KEY QUOTE

# 42 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT. THE QUESTION HAS BEEN ASKED AND ANSWERED. MOTION TO STRIKE THE LAST RESPONSE.

# 43 THE COURT:

MISS BROWN, IF YOU WOULD, DON'T VOLUNTEER ANYTHING BEYOND THE ACTUAL QUESTION, PLEASE.

# 44 DENISE BROWN:

OKAY.

# 45 THE COURT:

THANK YOU. MR. DARDEN.

# 46 Q:

BY MR. DARDEN: YOU TOLD THE DEFENDANT THAT HE TOOK NICOLE FOR GRANTED?

# 47 A:

YES.

# 48 Q:

WHY DID YOU TELL HIM THAT?

# 49 A:

BECAUSE SHE DID HAVE --

# 50 MR. SHAPIRO:

OBJECTION. IRRELEVANT.

# 51 THE COURT:

SUSTAINED.

# 52 MR. DARDEN:

ON 352 GROUNDS, YOUR HONOR?

# 53 THE COURT:

IT'S IRRELEVANT. WHY THIS WITNESS THINKS THAT MISS BROWN SIMPSON WAS TAKEN FOR GRANTED IS NOT RELEVANT. WHAT'S RELEVANT IS THE FACT SHE MADE THE COMMENT AND ANY REACTION TO THAT COMMENT.

# 54 Q:

BY MR. DARDEN: WHAT REACTION IF ANY WAS THERE BY THE DEFENDANT WHEN YOU TOLD HIM THAT HE TOOK YOUR SISTER NICOLE FOR GRANTED?

# 55 A:

HE GOT EXTREMELY UPSET. HE --

# 56 Q:

AND WHAT HAPPENED NEXT?

# 57 A:

HE STARTED YELLING AT ME, "I DON'T TAKE HER FOR GRANTED. I DO EVERYTHING FOR HER. I GIVE HER EVERYTHING," AND HE CONTINUED, AND THEN A WHOLE FIGHT BROKE OUT AND PICTURES STARTED FLYING OFF THE WALLS, CLOTHES STARTED FLYING -- HE RAN UPSTAIRS, GOT CLOTHES, STARTED FLYING DOWN THE STAIRS AND GRABBED NICOLE, TOLD HER TO GET OUT OF HIS HOUSE, WANTED US ALL OUT OF HIS HOUSE, PICKED HER UP, THREW HER AGAINST THE WALL, PICKED HER UP, THREW HER OUT OF THE HOUSE. SHE ENDED UP ON HER -- SHE ENDED UP FALLING. SHE ENDED UP ON HER ELBOWS AND ON HER BUTT. THEN SHE -- HE THREW ED MCCABE OUT. WE WERE ALL SITTING THERE SCREAMING AND CRYING, AND THEN HE GRABBED ME AND THREW ME OUT OF THE HOUSE.

# 58 Q:

ARE YOU OKAY, MISS BROWN?

# 59 A:

YEAH. IT'S JUST SO HARD. I'LL BE FINE.

KEY QUOTE

# 60 MR. DARDEN:

YOUR HONOR, IF IT PLEASES THE COURT, CAN WE ADJOURN AND CONTINUE THIS MONDAY MORNING?

# 61 MR. COCHRAN:

MAY WE APPROACH?

# 62 MR. DARDEN:

YOUR HONOR, WOULD THE COURT INSTRUCT THE BAILIFF TO ASSIST MISS BROWN IF SHE NEEDS ASSISTANCE?

# 63 DENISE BROWN:

NO.

# 64 MR. SHAPIRO:

YES, JUDGE.

# 65 THE COURT:

LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE AFTERNOON. MISS BROWN, IF YOU'D JUST STAY THERE FOR JUST A SECOND. WE ARE GOING TO TAKE OUR RECESS FOR THE AFTERNOON. PLEASE REMEMBER MY ADMONITION; DON'T DISCUSS THIS CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW ANYBODY TO SPEAK TO YOU ABOUT THE CASE OR SPEAK TO ANYBODY ELSE ABOUT IT, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. I'LL SEE YOU BACK HERE MONDAY MORNING 9:00 O'CLOCK. HAVE A NICE WEEKEND.

# 66 THE COURT:

MISS BROWN, THANK YOU.

Temperature

devastating

Key Quotes (3)

Denise Brown (The Witness)

HE STARTED YELLING AT ME, 'I DON'T TAKE HER FOR GRANTED. I DO EVERYTHING FOR HER. I GIVE HER EVERYTHING,' AND HE CONTINUED, AND THEN A WHOLE FIGHT BROKE OUT AND PICTURES STARTED FLYING OFF THE WALLS, CLOTHES STARTED FLYING -- HE RAN UPSTAIRS, GOT CLOTHES, STARTED FLYING DOWN THE STAIRS AND GRABBED NICOLE, TOLD HER TO GET OUT OF HIS HOUSE, WANTED US ALL OUT OF HIS HOUSE, PICKED HER UP, THREW HER AGAINST THE WALL, PICKED HER UP, THREW HER OUT OF THE HOUSE.

The central testimony of the proceeding — an eyewitness account of OJ's physical violence against Nicole, establishing a pattern of domestic abuse

Denise Brown (The Witness)

I TOLD HIM HE TOOK NICOLE FOR GRANTED, AND HE BLEW UP.

Volunteered beyond the question; Shapiro immediately moved to strike, showing how explosive even this framing was

Denise Brown (The Witness)

YEAH. IT'S JUST SO HARD. I'LL BE FINE.

Brown's emotional struggle on the stand, which prompted Darden to request early adjournment

Notable Exchanges (3)

Lance A. Ito•Denise Brown

Ito instructs the jury to disregard Brown's reference to the defendant's ego, then directly asks Brown to limit her answers to the precise questions asked — indicating she had been volunteering damaging characterizations

firm/corrective

Christopher Darden•Lance A. Ito

After Brown's emotional breakdown mid-testimony, Darden requests early adjournment for the weekend; Cochran asks to approach; Ito grants the recess and thanks Brown personally after the jury leaves

protective/compassionate

Christopher Darden•Robert Shapiro

Darden asks the court to have the bailiff assist Brown; Brown herself declines; Shapiro says 'yes, Judge' — a rare moment of agreement across counsel

tense/human

Witness Demeanor

Witness initially compliant with Ito's instruction to limit answers

Witness volunteers beyond question scope ('and he blew up'), requiring judicial correction

Witness becomes emotional mid-testimony; Darden pauses to check on her

Witness declines offer of bailiff assistance despite visible distress

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 4673 • 66 utterances • Prosecution witness

Criminal Trial

Department 103