Recross-examination of Sgt. Robert Lerner

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

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\RECROSS-EXAMINATION-OF-SGT-ROB.DOC

TRIAL

▲ Day 12 of 167

◀ Redirect examination of Sgt. Robert Lerner Redirect examination of Sgt. Robert Lerner (part 2) ▶

Witness: Sgt. Robert Lerner
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 26

Johnnie Cochran briefly recrossed Sergeant Lerner to minimize the significance of a prior incident at the Gretna Green residence involving Simpson. Cochran established that no criminal charges were prosecuted, Simpson voluntarily left the scene, and there were no further disturbance calls that evening — framing the officers' response as a successful de-escalation rather than evidence of ongoing danger.

# 1 MR. COCHRAN:

JUST A COUPLE OTHER QUESTIONS, YOUR HONOR.

# 2 THE COURT:

COUPLE.

# 3 MR. COCHRAN:

A FEW MORE QUESTIONS, SERGEANT LERNER.

# 4

RECROSS-EXAMINATION

# 5

BY MR. COCHRAN:

# 6 Q:

AS I UNDERSTAND IT, THERE WITH NO CRIMINAL CHARGES FILED REGARDING THIS INCIDENT, RIGHT?

# 7 A:

THAT'S INCORRECT.

# 8 Q:

THERE WERE CRIMINAL CHARGES FILED?

# 9 A:

I DON'T KNOW IF THEY WERE FILED. I COMPLETED A CRIME REPORT REGARDING TRESPASSING.

KEY QUOTE

# 10 Q:

YOU NEVER WENT TO COURT ON THIS CASE?

# 11 A:

THAT'S RIGHT.

# 12 Q:

YOU NEVER HAD TO TESTIFY?

# 13 A:

YES, SIR.

# 14 Q:

AS FAR AS YOU KNOW MR. SIMPSON NEVER WENT TO COURT ON THIS CASE?

# 15 A:

AS FAR AS I KNOW.

# 16 Q:

WITH REGARD TO THAT, THIS TIME YOU SPENT THERE, MR. SIMPSON HAD LEFT THE SCENE BEFORE YOU ACTUALLY LEFT, RIGHT?

# 17 A:

THAT'S CORRECT.

# 18 Q:

ALL RIGHT. AND YOU AND YOUR PARTNER STAYED THERE FOR A PERIOD AFTER THAT; IS THAT RIGHT?

# 19 A:

YES, SIR.

# 20 Q:

AND YOU WERE TALKING ABOUT ESCALATION. AFTER YOU LEFT, MAYBE AROUND 11:30 THAT EVENING, YOU RECEIVED NO FURTHER CALLS OR DID NOT HAVE TO RESPOND TO THE GRETNA GREEN RESIDENCE THAT EVENING; IS THAT CORRECT?

# 21 A:

THAT IS CORRECT.

# 22 Q:

YOU HAD DONE YOUR JOB WITH REGARD TO --

# 23 A:

I FELT SO.

# 24 Q:

-- AMELIORATING THE SITUATION AND MAKING IT BETTER; IS THAT RIGHT?

# 25 A:

APPARENTLY SO.

# 26 MR. COCHRAN:

THANK YOU VERY KINDLY, SIR.

Temperature

procedural

Key Quotes (2)

Robert Lerner

I DON'T KNOW IF THEY WERE FILED. I COMPLETED A CRIME REPORT REGARDING TRESPASSING.

Undercuts the severity of the incident — Lerner can't confirm charges were ever prosecuted, weakening the prior-bad-acts value of the episode.

Robert Lerner

APPARENTLY SO.

Witness's reluctant concession that officers felt they had successfully resolved the situation, supporting Cochran's de-escalation narrative.

Evidence (1)

Informal

Crime report for trespassing at the Gretna Green residence

discussed — Lerner confirmed he completed it but could not confirm whether charges were filed

Notable Exchanges (1)

Johnnie Cochran•Robert Lerner

Cochran walked Lerner through the aftermath of the Gretna Green incident: Simpson left voluntarily, officers stayed briefly, no further calls came in after ~11:30 PM. Cochran ended by having Lerner agree the officers had 'ameliorated' the situation.

strategic

Credibility Attacks (1)

⚔ Robert Lerner

minimization via concession

Cochran did not attack Lerner's credibility directly but used his own answers to diminish the incident's legal weight — no prosecution, no escalation, no further calls.

Objections

None recorded

Proceeding 4594 • 26 utterances • Prosecution witness

Criminal Trial

Department 103