Direct examination of Sgt. Robert Lerner

📄 Direct examination of Sgt. Robert Lerner — Friday, February 3, 1995

Address:

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

TRIAL

▲ Day 12 of 167

◀ Jury instruction: witness conduct Cross-examination of Sgt. Robert Lerner (part 1) ▶

Witness: Sgt. Robert Lerner
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 104

Sergeant Robert Lerner testified about his October 25, 1993 response to a 911 domestic dispute call at Nicole Brown's home at 325 South Gretna Green. He described finding Nicole visibly shaken and afraid, a white Ford Bronco stopped in the street with headlights on and ignition off, a damaged rear French door, and OJ Simpson in the back yard — agitated, pacing, and speaking loudly to Kato Kaelin.

# 1 MR. DARDEN:

THANK YOU, YOUR HONOR. GOOD MORNING, LADIES AND GENTLEMEN.

# 2 THE JURY:

GOOD MORNING.

# 3 MR. DARDEN:

YOUR HONOR, THE PEOPLE WOULD LIKE TO CALL SERGEANT LERNER TO THE STAND.

ROBERT LERNER, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 4 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.

# 5 SGT. ROBERT LERNER:

YES, I DO.

# 6 THE CLERK:

PLEASE BE SEATED ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 7 SGT. ROBERT LERNER:

MY NAME IS ROBERT LEARNER, R-O-B-E-R-T L E R N E R.

# 8 THE CLERK:

THANK YOU.

# 9 THE COURT:

MR. DARDEN.

# 10 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 11

DIRECT EXAMINATION

# 12

BY MR. DARDEN:

# 13 Q:

GOOD MORNING, SIR.

# 14 A:

GOOD MORNING.

# 15 Q:

SIR, ON OCTOBER 25, 1993, WERE YOU A POLICE OFFICER?

# 16 A:

YES, SIR.

# 17 Q:

WERE YOU A MEMBER OF THE LAPD?

# 18 A:

THAT'S CORRECT.

# 19 Q:

ON THAT DATE AROUND 10:00 P.M. DID YOU RESPOND TO A 911 CALL FOR HELP?

# 20 A:

NOT FOR HELP, BUT I DID RESPOND TO A 911 CALL.

# 21 Q:

AND DID YOU RESPOND TO 325 SOUTH GRETNA GREEN?

# 22 A:

YES, SIR.

# 23 Q:

OKAY. THE HOME OF NICOLE BROWN?

# 24 A:

YES.

# 25 Q:

WHY DID YOU GO TO THAT LOCATION?

# 26 A:

UMM, THE 911 CALL STATED THERE WAS A DOMESTIC DISPUTE. IT WAS MARKED CODE 2 HIGH, WHICH IS IN AN URGENT CALL.

# 27 Q:

NOW, WERE YOU IN UNIFORM?

# 28 A:

YES, SIR.

# 29 Q:

WERE YOU IN A BLACK AND WHITE POLICE VEHICLE?

# 30 A:

YES. I WAS WORKING A TWO-MAN BASIC CAR IN WEST LOS ANGELES AREA WITH MY PARTNER, SPENCER MARKS.

# 31 Q:

OKAY. DID YOU AND OFFICER MARKS PROCEED IMMEDIATELY TO THAT LOCATION?

# 32 A:

YES, WE DID.

# 33 Q:

AND WHEN YOU ARRIVED AT 325 SOUTH GRETNA GREEN, NICOLE BROWN'S HOME, DID YOU SEE A VEHICLE?

# 34 A:

YES.

# 35 Q:

WHAT KIND OF VEHICLE?

# 36 A:

IT WAS A FORD BRONCO, WHITE IN COLOR.

# 37 Q:

WHERE WAS THAT FORD BRONCO WHEN YOU ARRIVED AT NICOLE BROWN'S HOME?

# 38 A:

THE VEHICLE WAS PARKED SOUTHBOUND IN THE STREET IN FRONT OF THE LOCATION.

KEY QUOTE

# 39 Q:

WAS THE VEHICLE PARKED AT THE CURB?

# 40 A:

NO, IT WASN'T.

# 41 Q:

HOW FAR FROM THE CURB, IF YOU RECALL, WAS IT PARKED?

# 42 A:

APPROXIMATELY BETWEEN FOUR AND SIX FEET.

# 43 Q:

WAS IT PARKED OR WAS IT STOPPED IN THE STREET?

# 44 A:

APPARENTLY IT WAS -- IT WAS STOPPED IN THE STREET. THE IGNITION WAS OFF BUT THE HEADLIGHTS WERE ON.

# 45 Q:

DID YOU SEE ANYONE INSIDE THE BRONCO AT THAT TIME?

# 46 A:

NO, SIR.

# 47 Q:

IS THERE A DRIVEWAY IN FRONT OF THE RESIDENCE AT 325 SOUTH GRETNA GREEN?

# 48 A:

UMM, I DON'T RECALL.

# 49 Q:

OKAY. BUT THE VEHICLE WAS IN THE STREET?

# 50 A:

YES, SIR.

# 51 Q:

I TAKE IT YOU GOT OUT OF YOUR POLICE VEHICLE?

# 52 A:

YES.

# 53 Q:

AND DID YOU MEET SOMEONE AT THAT TIME?

# 54 A:

YES, SIR, IN FRONT OF THE LOCATION AT 325 SOUTH GRETNA GREEN WE MET NICOLE BROWN.

# 55 Q:

AND COULD YOU DESCRIBE FOR US THE -- NICOLE BROWN'S DEMEANOR?

# 56 A:

WELL, SHE WAS -- SHE WAS VISIBLY SHAKEN, SHE WAS UPSET. SHE WAS CONCERNED, AND SHE WAS SCARED.

KEY QUOTE

# 57 Q:

DID YOU NOTICE ANY SIGNS OF ANY PHYSICAL INJURIES ON HER FACE OR ON HER NECK AT THAT TIME?

# 58 A:

NO, SIR.

# 59 Q:

OKAY. DID YOU HAVE A DISCUSSION WITH HER?

# 60 A:

YES.

# 61 Q:

OKAY. NOW, WHEN YOU MET NICOLE BROWN IN FRONT OF THE HOUSE, WAS THERE ANYONE ELSE WITH HER?

# 62 A:

NO.

# 63 Q:

WHAT DID YOU DO AFTER YOU FIRST SAW NICOLE BROWN?

# 64 A:

WE WANTED TO MAKE A DETERMINATION IF THE INDIVIDUAL MENTIONED IN THE COMMENTS OF THE CALL AS THE INDIVIDUAL TO WHICH -- TO WHOM WE WERE RESPONDING WAS STILL AT THE LOCATION. SHE SAID, YES, HE WAS, THAT HIS NAME WAS O.J. SIMPSON, HE WAS IN THE --

# 65 MR. COCHRAN:

OBJECTION TO ANY FURTHER CONVERSATION AS HEARSAY.

# 66 THE COURT:

SUSTAINED.

# 67 MR. DARDEN:

I WILL ASK ANOTHER QUESTION, YOUR HONOR.

# 68 Q:

AFTER YOU SPOKE TO NICOLE BROWN, WHAT DID YOU DO?

# 69 A:

WE MADE A FOLLOW-UP TO THE REAR HOUSE, THE GUEST HOUSE.

# 70 Q:

OKAY. DID YOU HAVE TO WALK FROM THE FRONT OF THE HOUSE TO THE BACK?

# 71 A:

YES, SIR.

# 72 Q:

DID YOU GO THROUGH THE HOUSE OR DID YOU WALK AROUND TO THE SIDE OF THE HOUSE?

# 73 A:

WE WALKED THROUGH THE HOUSE.

# 74 Q:

OKAY. AND DID YOU EXIT INTO THE REAR YARD OF THE HOUSE?

# 75 A:

YES.

# 76 Q:

NOW, IS THERE A DOOR, A REAR DOOR TO THE HOUSE?

# 77 A:

THERE IS. IT IS A DOUBLE FRENCH DOOR.

# 78 Q:

AND DID YOU TAKE A LOOK AT THAT DOOR AS YOU PASSED THROUGH IT?

# 79 A:

YES, SIR.

# 80 Q:

AND WHAT, IF ANYTHING, DID YOU NOTICE ABOUT THE CONDITION OF THAT DOOR?

# 81 A:

THE DOOR HAD BEEN SPLIT AT THE -- NEAR THE TOP AND BOTTOM OF THE DOOR -- OF THE DOOR THAT HAS THE TWO DEAD BOLTS THAT GO INTO THE FLOOR AND INTO THE CEILING.

KEY QUOTE

# 82 Q:

AND DID YOU SEE SOMEONE AT THE REAR OF THE HOUSE THAT NIGHT, SOMEONE THAT YOU NOW SEE HERE IN COURT TODAY?

# 83 A:

YES, SIR.

# 84 Q:

POINT TO THAT PERSON.

# 85 A:

THE DEFENDANT, MR. SIMPSON.

# 86 THE COURT:

INDICATING MR. SIMPSON.

# 87 Q:

BY MR. DARDEN: YOU SAW THE DEFENDANT IN THE REAR OR AT THE REAR OF NICOLE BROWN'S HOUSE THAT NIGHT?

# 88 A:

YES.

# 89 Q:

DID YOU SPEAK TO HIM?

# 90 A:

YES.

# 91 Q:

DID HE SPEAK TO YOU?

# 92 A:

YES, HE DID.

# 93 Q:

WAS THERE SOMEONE ELSE PRESENT AT THAT TIME?

# 94 A:

YES, THERE WAS.

# 95 Q:

WHO ELSE WAS PRESENT?

# 96 A:

AN INDIVIDUAL I LEARNED LATER WAS KATO KAELIN.

# 97 Q:

KATO KAELIN WAS PRESENT?

# 98 A:

YES, SIR.

# 99 Q:

DESCRIBE FOR US, IF YOU WILL, THE DEFENDANT'S DEMEANOR WHEN YOU SAW HIM IN THE REAR YARD.

# 100 A:

THE DEFENDANT WAS AGITATED, HE WAS UPSET, PACING BACK AND FORTH, AND HE WAS SPEAKING LOUDLY TO MR. KAELIN.

KEY QUOTE

# 101 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

# 102 THE COURT:

YES.

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

# 104 MR. DARDEN:

THANK YOU, YOUR HONOR. I HAVE NOTHING FURTHER OF THIS WITNESS.

Temperature

tense

Key Quotes (4)

Robert Lerner

She was visibly shaken, she was upset. She was concerned, and she was scared.

Establishes Nicole's emotional state as a victim of domestic disturbance, consistent with the prosecution's pattern of prior abuse evidence.

Robert Lerner

The defendant was agitated, he was upset, pacing back and forth, and he was speaking loudly to Mr. Kaelin.

Places Simpson at the scene in an agitated state — directly relevant to domestic violence pattern and his volatile behavior toward Nicole.

Robert Lerner

The door had been split at the -- near the top and bottom of the door -- of the door that has the two dead bolts that go into the floor and into the ceiling.

Physical evidence of forced entry or violent confrontation at Nicole's rear door on the night of the incident.

Robert Lerner

The vehicle was parked southbound in the street in front of the location... the ignition was off but the headlights were on.

Establishes the white Ford Bronco at Nicole's home during a domestic dispute — tying the vehicle to Simpson's presence and volatile behavior long before the murders.

Evidence (2)

Informal

White Ford Bronco parked in street in front of Nicole Brown's home, ignition off but headlights on

described by witness

Informal

Rear French door of Nicole Brown's home, split near top and bottom deadbolts

described by witness as damaged

Notable Exchanges (1)

Christopher Darden•Johnnie Cochran

Cochran objected on hearsay grounds just as Lerner was about to relay Nicole's identification of Simpson by name. Sustained. Darden pivoted without pushing back.

strategic

Light Moments (1)

Robert Lerner

Kato Kaelin name-dropped almost as an aside — 'An individual I learned later was Kato Kaelin.'

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4589 • 104 utterances • Prosecution witness

Criminal Trial

Department 103