Redirect examination of Sgt. Robert Lerner

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

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\REDIRECT-EXAMINATION-OF-SGT-RO.DOC

TRIAL

▲ Day 12 of 167

◀ Cross-examination of Sgt. Robert Lerner (part 2) Recross-examination of Sgt. Robert Lerner ▶

Witness: Sgt. Robert Lerner
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, February 3, 1995 • Utterances: 96

Darden conducts redirect examination of Sergeant Lerner, focusing on the seriousness of the 1989 domestic violence call — specifically that five officers, roughly half the shift, spent 90 minutes at Nicole Brown's house because it was a high-priority call. Darden also probes what calmed Simpson during the incident and establishes that Lerner had no knowledge of a tape recording of the conversation.

# 1 THE COURT:

ALL RIGHT. MR. DARDEN.

# 2 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 3

REDIRECT EXAMINATION

# 4

BY MR. DARDEN:

# 5 Q:

SERGEANT LERNER, YOU WERE AT NICOLE BROWN'S HOUSE FOR AN HOUR AND A HALF?

# 6 MR. COCHRAN:

OBJECT TO THE FORM OF COUNSEL'S THEATRICS, YOUR HONOR.

# 7 THE COURT:

OVERRULED.

# 8 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 9 MR. COCHRAN:

BAD ACTING.

# 10 THE COURT:

SUSTAINED.

# 11 MR. COCHRAN:

THANK YOU.

# 12 MR. DARDEN:

I DIDN'T KNOW THAT.

# 13 Q:

YOU WERE THERE AN HOUR AND A HALF?

# 14 A:

WE ARRIVED AT SEVEN MINUTES AFTER 10:00. WE DEPARTED AT 28 MINUTES AFTER 11:00.

# 15 Q:

DID YOU HAVE OTHER CALLS, OTHER CALLS THAT YOU HAD TO RESPOND TO OR WERE SUPPOSED TO RESPOND TO DURING THAT TIME?

# 16 A:

WE WERE ON A HIGH PRIORITY CALL. THIS PARTICULAR CALL IS CONSIDERED A HIGH PRIORITY CALL SO WE WERE OFF THE AIR.

# 17 Q:

SO YOU HAD NO OTHER RESPONSIBILITIES OR DUTIES DURING THAT ONE AND ONE-HALF HOUR PERIOD, THAT IS, EXCEPT TO DEAL WITH THE SITUATION INVOLVING THIS DEFENDANT AND NICOLE BROWN?

# 18 A:

THAT IS CORRECT.

# 19 Q:

DID YOU STAY AT THE LOCATION ANY LONGER THAN YOU FELT NECESSARY?

# 20 A:

NO, SIR.

# 21 Q:

SO YOU FELT THAT YOU NEEDED TO BE THERE AN HOUR AND A HALF?

# 22 A:

CORRECT.

# 23 Q:

WHY?

# 24 A:

WE HAD A DUTY TO ENSURE THAT OUR INVESTIGATION WAS COMPLETE, THAT THERE WAS NO POSSIBILITY OR LIMITED POSSIBILITY OF ANY FURTHER INCIDENT THAT EVENING, AND WE WERE REQUIRED TO COMPLETE A CRIME REPORT AT THE LOCATION.

# 25 Q:

YOU INDICATED OR RATHER YOU TOLD MY GOOD FRIEND, MR. COCHRAN, THAT THE DEFENDANT WAS UPSET WHEN YOU FIRST ARRIVED?

# 26 A:

YES, I DID.

# 27 Q:

AND THEN YOU SAY THAT HE THEN CALMED, BECAME CALM; IS THAT RIGHT?

# 28 A:

HE CALMED.

# 29 Q:

AND I BELIEVE YOU TOLD MR. COCHRAN THAT YOU HAD A CALMING EFFECT ON HIM; IS THAT RIGHT?

# 30 A:

THAT'S CORRECT.

# 31 Q:

NICOLE BROWN DIDN'T HAVE A CALMING EFFECT ON HIM?

# 32 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION. CALLS FOR SPECULATION. OBJECT TO THE FORM OF THE QUESTION.

# 33 THE COURT:

SUSTAINED.

# 34 Q:

BY MR. DARDEN: WERE YOU THE ONLY PERSON WHO HAD A CALMING EFFECT ON THE DEFENDANT?

# 35 MR. COCHRAN:

OBJECT TO THE FORM OF THE CONVERSATION. THERE WERE OTHER PEOPLE THERE.

# 36 THE COURT:

OVERRULED. OVERRULED. YOU CAN ANSWER THAT QUESTION.

# 37 SGT. ROBERT LERNER:

THAT'S RIGHT. YES. I BELIEVE MY PARTNER HAD CALMING EFFECT AS WELL AS SERGEANT LALLY.

# 38 Q:

BY MR. DARDEN: BOTH YOU AND YOUR PARTNER WERE POLICE OFFICERS; IS THAT CORRECT?

# 39 A:

YES, SIR.

# 40 Q:

YOU WERE IN UNIFORM?

# 41 A:

YES, SIR.

# 42 Q:

IS THAT WHAT CALMED HIM, THE FACT THAT YOU WERE POLICE OFFICERS?

# 43 A:

NO.

# 44 MR. COCHRAN:

OBJECT. CALLS FOR SPECULATION.

# 45 THE COURT:

SUSTAINED. THE ANSWER IS STRICKEN.

# 46 Q:

BY MR. DARDEN: BUT HE WAS UPSET WHEN YOU FIRST SAW HIM AND THEN AT SOME POINT --

# 47 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

# 48 THE COURT:

OVERRULED.

# 49 Q:

BY MR. DARDEN: AT SOME POINT HE BECAME CALM, CORRECT?

# 50 A:

HE DID BECOME CALM; NOT DIRECTLY BECAUSE OF THE UNIFORM.

# 51 Q:

WHAT CALMED HIM?

# 52 A:

I IMAGINE --

# 53 MR. COCHRAN:

CALLS FOR SPECULATION, YOUR HONOR.

# 54 THE COURT:

SUSTAINED.

# 55 Q:

BY MR. DARDEN: DID YOU MAKE AN EFFORT TO CALM THE DEFENDANT?

# 56 A:

YES, I DID.

# 57 Q:

BUT HE CAME ANGRY AND UPSET AGAIN; IS THAT CORRECT?

# 58 A:

YES, HE DID.

# 59 Q:

AND DID YOU CALM AGAIN?

# 60 A:

I ATTEMPTED TO.

# 61 Q:

WERE YOU ABLE TO?

# 62 A:

I THOUGHT I WAS FAIRLY SUCCESSFUL IN THAT THE INCIDENT DID NOT ESCALATE AFTER MY ARRIVAL.

KEY QUOTE

# 63 Q:

WHAT DO YOU MEAN WHEN YOU SAY THAT THE INCIDENT DID NOT ESCALATE?

# 64 A:

UP UNTIL --

# 65 MR. COCHRAN:

YOUR HONOR -- OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.

# 66 THE COURT:

OVERRULED.

# 67 SGT. ROBERT LERNER:

UP UNTIL THE TIME OF MY ARRIVAL THERE HAD BEEN NO PHYSICAL CONTACT BETWEEN MR. SIMPSON AND NICOLE BROWN AND THE ENTIRE PERIOD THAT MY PARTNER AND MYSELF AND SERGEANT LALLY WERE PRESENT IT DIDN'T ESCALATE INTO A PHYSICAL CONFRONTATION BETWEEN THE TWO PARTIES.

KEY QUOTE

# 68 Q:

BY MR. DARDEN: HOW MANY OFFICERS ARRIVED AT NICOLE BROWN'S HOUSE THAT EVENING?

# 69 A:

I BELIEVE THERE WERE A TOTAL OF FIVE.

# 70 Q:

AND DID ALL FIVE OF THOSE OFFICERS REMAIN AT THAT HOUSE FOR ONE AND ONE-HALF HOURS?

# 71 A:

FOR THE MOST PART OF IT, YES. THERE WERE TWO OFFICERS ARRIVED AFTER MY ARRIVAL AND DEPARTED ABOUT THE SAME TIME.

# 72 Q:

YOU WERE WORKING THE P.M. SHIFT?

# 73 A:

MID P.M.'S.

# 74 Q:

HOW MANY PATROL OFFICERS ROUTINELY WORK THE P.M. SHIFT?

# 75 MR. COCHRAN:

YOUR HONOR, I OBJECT. THAT IS IRRELEVANT AND IMMATERIAL, YOUR HONOR.

# 76 THE COURT:

OVERRULED.

# 77 SGT. ROBERT LERNER:

MID P.M.'S HAS ONE BASIC CAR AND USUALLY AN "X" CAR, USUALLY FOUR OFFICERS.

# 78 Q:

BY MR. DARDEN: SO ALL THE OFFICERS ON THE SHIFT OR RATHER ALL THE PATROL OFFICERS ON THE SHIFT WERE AT NICOLE BROWN'S HOUSE FOR AN HOUR AND A HALF?

# 79 A:

THERE WAS ONE MID P.M. WATCH UNIT, WHICH IS MYSELF, AND ONE UNIT FROM THE EARLY P.M. WATCH WHICH NORMAL END OF WATCH HOURS IS 11:30.

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

# 81 Q:

BY MR. DARDEN: SO HALF THE WATCH THEN WAS AT NICOLE BROWN'S HOUSE, SERGEANT LERNER?

# 82 A:

YES, SIR.

# 83 MR. COCHRAN:

I OBJECT, YOUR HONOR. I OBJECT. THAT IS CUMULATIVE.

# 84 THE COURT:

OVERRULED. OVERRULED.

# 85 Q:

BY MR. DARDEN: AND ABOUT THE TAPE, THE TAPE YOU JUST MENTIONED, YOU DIDN'T -- YOU DIDN'T TAPE THE CONVERSATION; IS THAT CORRECT?

# 86 A:

NO, I DIDN'T TAPE THE CONVERSATION.

# 87 Q:

YOU DON'T HAVE THE TAPE, DO YOU?

# 88 A:

NO, I DON'T.

# 89 Q:

YOU DIDN'T KNOW THE CONVERSATIONS WERE EVEN BEING TAPED?

# 90 A:

I HAD NO IDEA.

# 91 Q:

YOU ARE NOT REALLY THE PERSON TO ASK ABOUT THE TAPE, ARE YOU?

# 92 MR. COCHRAN:

JUST A MOMENT. HE CAN'T ASK HIM THAT.

# 93 THE COURT:

THAT IS ARGUMENTATIVE. SUSTAINED.

# 94 MR. COCHRAN:

THAT IS ARGUMENTATIVE.

# 95 MR. DARDEN:

I'M SORRY, I APOLOGIZE, YOUR HONOR. I APOLOGIZE TO COUNSEL. I HAVE NOTHING FURTHER.

KEY QUOTE

# 96 THE COURT:

ALL RIGHT.

Temperature

tense

Key Quotes (4)

Robert Lerner

I THOUGHT I WAS FAIRLY SUCCESSFUL IN THAT THE INCIDENT DID NOT ESCALATE AFTER MY ARRIVAL.

Implicitly acknowledges the situation was volatile enough to require active de-escalation by police.

Robert Lerner

UP UNTIL THE TIME OF MY ARRIVAL THERE HAD BEEN NO PHYSICAL CONTACT BETWEEN MR. SIMPSON AND NICOLE BROWN AND THE ENTIRE PERIOD THAT MY PARTNER AND MYSELF AND SERGEANT LALLY WERE PRESENT IT DIDN'T ESCALATE INTO A PHYSICAL CONFRONTATION BETWEEN THE TWO PARTIES.

Confirms physical violence had not yet occurred but the threat was real enough that officers stayed to prevent escalation.

Johnnie Cochran

BAD ACTING.

Cochran's sustained objection to Darden's 'theatrics' — a rare moment of courtroom levity that Ito actually sustained.

Christopher Darden

I'M SORRY, I APOLOGIZE, YOUR HONOR. I APOLOGIZE TO COUNSEL. I HAVE NOTHING FURTHER.

Darden ends with a rare public apology after an argumentative question was sustained.

Evidence (1)

Informal

A tape recording of conversations at Nicole Brown's house that Lerner was unaware of

discussed — Lerner confirms he had no knowledge of it and is not the right witness to ask about it

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito•Christopher Darden

Cochran objects to Darden's 'theatrics' and Ito initially overrules, then Cochran interjects 'BAD ACTING' and Ito sustains — an unusual reversal mid-exchange.

contentious with dark humor

Christopher Darden•Robert Lerner

Darden establishes that roughly half the patrol shift was tied up at Nicole Brown's house for 90 minutes — building a picture of how seriously officers took the call.

strategic

Light Moments (1)

Johnnie Cochran

Cochran objects to Darden's 'theatrics' and when Ito overrules, interjects 'BAD ACTING' — which Ito then sustains, getting the last word against Darden.

Credibility Attacks (1)

⚔ Robert Lerner

implication of ignorance

Darden himself (on redirect) establishes Lerner had no knowledge of the tape recording — preemptively limiting the witness's usefulness on that topic rather than letting the defense exploit it.

Witness Demeanor

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

Objections

12 objections (6 sustained, 5 overruled)

Proceeding 4593 • 96 utterances • Prosecution witness

Criminal Trial

Department 103