Cross-examination of Candace Garvey (2 of 2)

📄 Cross-examination of Candace Garvey (2 of 2) — Monday, February 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\6\CROSS-EXAMINATION-OF-CANDACE-G.DOC

TRIAL

▲ Day 13 of 167

◀ Cross-examination of Candace Garvey Recross-examination of Candace Garvey ▶

Witness: Candace Garvey
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 112

Darden used redirect to reinforce Candace Garvey's observation that OJ Simpson appeared strikingly 'mad' (angry) at the night of the recital, citing her detailed October 1994 DA interview. Multiple bench conferences erupted over how to introduce the prior statement — Cochran's attempt to demand the exact transcript language backfired when it revealed a prejudicial drug reference, leading to a negotiated compromise where Darden used a leading question instead.

# 1 THE COURT:

MR. DARDEN, ANY REDIRECT?

# 2 MR. DARDEN:

YES, YOUR HONOR.

# 3

REDIRECT EXAMINATION

# 4

BY MR. DARDEN:

# 5 Q:

MISS GARVEY, THE PHOTOGRAPH UP ON THE SCREEN NOW, DO YOU SEE THE DEFENDANT'S LEFT HAND?

# 6 A:

YES.

# 7 Q:

YOU DON'T SEE ANY CUTS ON HIS INDEX FINGER OR ON ANY FINGER, DO YOU?

# 8 A:

NO.

# 9 Q:

YOU WERE ALSO INTERVIEWED BY MEMBERS OF THE D.A.'S OFFICE IN OCTOBER OF LAST YEAR; IS THAT CORRECT?

# 10 A:

YES.

# 11 Q:

WAS THAT INTERVIEW TAPED -- TAPE-RECORDED?

# 12 A:

I BELIEVE SO.

# 13 Q:

WAS IT A DETAILED INTERVIEW?

# 14 A:

VERY.

# 15 Q:

OKAY. WAS IT MORE DETAILED THAN THE INTERVIEW YOU HAD WITH THE LAPD?

# 16 A:

YES, IT WAS.

# 17 Q:

AND THAT INTERVIEW WAS TRANSCRIBED AS WELL; IS THAT CORRECT?

# 18 A:

THAT'S CORRECT.

# 19 Q:

AND YOU TOLD THE D.A.'S STAFF IN OCTOBER THAT THE DEFENDANT APPEARED MAD, DIDN'T YOU?

# 20 MR. COCHRAN:

JUST A MOMENT. I OBJECT TO THIS WITHOUT FURTHER FOUNDATION. IMPROPER.

# 21 MR. DARDEN:

WHAT FURTHER FOUNDATION IS NECESSARY?

# 22 MR. COCHRAN:

I'M NOT GOING TO TELL HIM, YOUR HONOR.

# 23 THE COURT:

MAY WE APPROACH?

# 24 THE COURT:

HOLD ON. ALL RIGHT. WITH THE COURT REPORTER, PLEASE.

# 25 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 26 THE COURT:

WHAT IS YOUR OBJECTION, MR. COCHRAN? SOUNDS LIKE TO ME TO BE A PRIOR CONSISTENT STATEMENT AFTER BEING -- AFTER YOUR BRINGING UP A PRIOR INCONSISTENT STATEMENT.

# 27 MR. COCHRAN:

WELL, MAYBE; MAYBE NOT. WE NEED A FURTHER FOUNDATION. I MEAN, YOU TALK ABOUT SOME STATEMENT IN OCTOBER AND THEN GO AND SAY YOU TOLD US HE WAS MAD. I WANT TO SEE PAGE, LINE AND VERSE.

# 28 THE COURT:

I AGREE.

# 29 MR. COCHRAN:

THERE IS A WAY OF DOING THESE THINGS, YOUR HONOR.

# 30 MR. DARDEN:

OKAY. LET'S DO IT THAT WAY.

# 31 MR. COCHRAN:

MAY WE SEE IT?

# 32 MR. DARDEN:

DO YOU WANT TO DO IT THAT WAY?

# 33 MR. COCHRAN:

MAY I SEE IT?

# 34 MR. DARDEN:

PAGE 19, LINE 20.

# 35 THE COURT:

OKAY.

# 36 MR. DARDEN:

LET'S DO IT THAT WAY.

# 37 THE COURT:

LET ME ASK, HOW MUCH MORE DO YOU HAVE WITH THIS WITNESS, BESIDES THAT?

# 38 MR. DARDEN:

FIVE OR TEN MINUTES. PROBABLY TWO OR THREE.

# 39 THE COURT:

ALL RIGHT. DO YOU WANT TO CHANGE YOUR PAPER NOW OR DO YOU WANT TO TRY TO GO FOR IT?

# 40 REPORTER OLSON:

LET'S GO FOR IT.

# 41 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 42 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. DARDEN.

# 43 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 44 Q:

YOU WERE INTERVIEWED BY THE D.A.'S OFFICE ON OCTOBER 27, 1994; IS THAT CORRECT?

# 45 A:

YES.

# 46 Q:

AND ISN'T IT TRUE THAT YOU TOLD US ON THAT DATE, AND I'M REFERRING COURT AND COUNSEL TO PAGE 19 OF THE TRANSCRIPT OF THAT INTERVIEW -- SHALL I START ON LINE 21?

# 47 MR. COCHRAN:

MAY I APPROACH COUNSEL?

# 48 THE COURT:

YES.

# 49 MR. COCHRAN:

WHICH PAGE? WHAT PAGE?

# 50 MR. DARDEN:

PAGE 19.

# 51 Q:

DIDN'T YOU TELL US AT LINE 21 -- READY, MR. COCHRAN?

# 52 MR. COCHRAN:

YOUR HONOR, MAY WE APPROACH? YOUR HONOR, MAY WE APPROACH?

# 53 THE COURT:

THERE IS AN OBJECTION?

# 54 MR. COCHRAN:

YES. THERE IS AN OBJECTION, YES.

# 55 THE COURT:

ALL RIGHT.

# 56 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 57 THE COURT:

WHAT IS YOUR OBJECTION?

# 58 MR. COCHRAN:

MY OBJECTION IS THAT IT IS NOT IMPEACHING AND ALSO IT IS 352.

"YEAH. MY FIRST INSTINCTS WAS I THOUGHT MAYBE HE WAS DOING DRUGS OR SOMETHING, BUT THEN I THOUGHT, WELL, HE IS MAD. HE COULDN'T EVEN ANSWER SOME QUESTIONS.

"MY FIRST INSTINCTS WAS I THOUGHT MAYBE HE WAS DOING DRUGS OR SOMETHING." THAT IS CLEARLY PREJUDICIAL AND CLEARLY UNFAIR. HE HAS A DUTY, AND I HAVE A DUTY, TO BRING THAT TO YOUR HONOR'S ATTENTION. HE (SIC) GOES ON TO SAY:

"BUT THEN I THOUGHT, NO, HE'S MAD. I MEAN HE'S UP -- HE'S JUST -- HE COULDN'T EVEN ANSWER SOME QUESTIONS. 'HI, HOW ARE YOU?' ANYWAY, I SAID, 'WELL, O.J., I HAD MY BABY LAST WEEK.'"

# 59 MR. DARDEN:

I ASSUME THE OBJECTION IS TO THE PART THAT "I THOUGHT MAYBE HE WAS DOING DRUGS OR SOMETHING," BUT YOU KNOW, I EXPECT COUNSEL TO KNOW, YOU KNOW, WHAT THE WITNESSES STATED PREVIOUSLY, ESPECIALLY WHEN YOU HAVE A TRANSCRIPT AND THE TAPE AND THAT IS WHY I ASKED HER DIDN'T YOU TELL US THAT HE WAS MAD? BUT HE OBJECTED TO THAT. HE DIDN'T WANT IT THAT WAY. HE WANTED US TO INTRODUCE THE EXACT LANGUAGE CONTAINED IN THIS TRANSCRIPT AND I FELT DUTY BOUND TO DO THAT.

# 60 MR. COCHRAN:

I DIDN'T ASK HIM TO INTRODUCE ANYTHING. I SAID SHOW ME. HE HAS SHOWN ME AND IT IS IMPROPER. NOW --

# 61 MR. BAILEY:

THREE MINUTES.

# 62 THE COURT:

ALL RIGHT. ALL RIGHT. MR. DARDEN, THE -- I TAKE IT YOU ARE NOT GOING TO OBJECT TO A LEADING QUESTION THEN BY MR. DARDEN TO AVOID --

# 63 MR. COCHRAN:

NO, I WON'T AT THIS TIME.

# 64 THE COURT:

ALL RIGHT. THANK YOU.

# 65 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 66 THE COURT:

MR. DARDEN, IF YOU WOULD JUST HOLD ON A SECOND.

# 67 (BRIEF PAUSE.)

# 68 MR. DARDEN:

READY? THANK YOU.

# 69 Q:

YOU RECALL BEING CONCERNED ABOUT THE DEFENDANT WHEN YOU SAW HIS DEMEANOR?

# 70 A:

YES.

# 71 Q:

OKAY. AND IN FACT YOU TOLD THAT TO THE D.A. INVESTIGATORS BACK IN OCTOBER, DIDN'T YOU?

# 72 A:

I DID.

# 73 Q:

AND YOU WONDERED, YOU WONDERED WHY HE APPEARED THE WAY HE APPEARED AT THE TIME?

# 74 A:

I DID.

# 75 Q:

AND IN FACT YOU TOLD THE D.A. INVESTIGATORS, AND I QUOTE FROM LINE 22 OF PAGE 19:

"BUT THEN I THOUGHT, NO, HE'S MAD, I MEAN, HE'S JUST -- HE COULDN'T EVEN ANSWER SOME QUESTIONS, "HI, HOW ARE YOU.'" DO YOU REMEMBER TELLING THAT TO THE D.A. INVESTIGATORS?

# 76 A:

I DO.

# 77 Q:

YOU CONCLUDED THAT HE WAS MAD WHEN SAW HIM, DIDN'T YOU?

# 78 A:

YES.

# 79 Q:

WERE YOU CONCERNED AT ALL THAT MAYBE YOU DID SOMETHING TO UPSET HIM?

# 80 A:

WELL, I -- I THINK I INITIALLY PERSONALIZED IT, BUT KNEW THAT THAT COULDN'T BE THE CASE.

# 81 Q:

DID YOU ASK THE DEFENDANT IF HE WAS UPSET?

# 82 A:

I DIDN'T.

# 83 Q:

DIDN'T YOU TELL THE DEFENDANT TO GO OUTSIDE AND TAKE A WALK?

# 84 A:

NO.

# 85 Q:

LET ME ASK YOU ABOUT SOMETHING THAT YOU JUST TOLD MR. COCHRAN BUT THAT HE GLOSSED OVER.

# 86 MR. COCHRAN:

YOUR HONOR, I MOVE TO STRIKE THAT. ARGUMENTATIVE.

# 87 THE COURT:

MR. DARDEN.

# 88 MR. COCHRAN:

STRICKEN.

# 89 THE COURT:

MR. DARDEN.

# 90 MR. DARDEN:

I'M SORRY, YOUR HONOR. I APOLOGIZE. I'M SORRY, MR. COCHRAN. I APOLOGIZE. MAY I PROCEED, YOUR HONOR?

# 91 Q:

MRS. GARVEY, A MOMENT AGO DID YOU INDICATE TO US AND TO COUNSEL THAT THERE WAS AN AMAZING CHANGE BETWEEN THE DEFENDANT'S DEMEANOR AT THE RECITAL OR DURING THE RECITAL AND HIS DEMEANOR AFTER THE RECITAL?

# 92 A:

YES.

# 93 Q:

YOU USED THE WORD "AMAZING"; IS THAT CORRECT?

# 94 A:

YES.

# 95 Q:

COULD YOU TELL US WHAT YOU MEANT BY THAT, PLEASE.

# 96 MR. COCHRAN:

THE WORD SPEAKS FOR ITSELF, YOUR HONOR. I SUPPOSE --

# 97 THE COURT:

IS THAT AN OBJECTION?

# 98 MR. COCHRAN:

YES, OBJECTION, YOUR HONOR.

# 99 THE COURT:

THANK YOU. OVERRULED.

# 100 MR. DARDEN:

THANK YOU.

# 101 Q:

YOU MAY ANSWER THE QUESTION.

# 102 A:

WELL, I MEAN HE WAS, IN MY OPINION, COMPLETELY DIFFERENT THAN I HAD EVER SEEN HIM EITHER AS A FAN OR SOMEONE THAT KNEW HIM PERSONALLY, AND TO SEE THAT VIDEOTAPE, IT WAS -- IT WAS AMAZING. I MEAN AMAZING DIFFERENCE, BUT I GUESS THAT IS WHY HE IS A SPOKESMAN. I MEAN --

KEY QUOTE

# 103 MR. COCHRAN:

MOVE TO STRIKE, YOUR HONOR. NONRESPONSIVE.

# 104 THE COURT:

THE CONCLUSION THAT IS WHY HE IS A SPOKESMAN IS STRICKEN AS BEING NONRESPONSIVE TO THE QUESTION. THE JURY IS TO DISREGARD THAT PORTION OF THE ANSWER. MR. DARDEN, NEXT QUESTION.

# 105 Q:

BY MR. DARDEN: OKAY. YOU ALSO INDICATED THAT THE AUDITORIUM WAS DARK ONCE THE PROGRAM BEGAN?

# 106 A:

YES.

# 107 Q:

BUT WAS IT SO DARK THAT YOU COULDN'T SEE THE DEFENDANT OR LOCATE HIM IN THE CROWD AND WALK OVER TO HIM AND TALK WITH HIM?

# 108 A:

OH, NO. I -- I RECOGNIZED HIM.

# 109 Q:

SO YOU COULD SEE THAT WELL?

# 110 A:

YES.

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

# 112 MR. DARDEN:

THANK YOU. NOTHING FURTHER.

Temperature

tense

Key Quotes (4)

Candace Garvey

BUT THEN I THOUGHT, NO, HE'S MAD, I MEAN, HE'S JUST -- HE COULDN'T EVEN ANSWER SOME QUESTIONS, 'HI, HOW ARE YOU.'

The core prior consistent statement Darden was rehabilitating — Garvey told DA investigators OJ was visibly angry and unresponsive at the recital the night of the murders.

Candace Garvey

HE WAS, IN MY OPINION, COMPLETELY DIFFERENT THAN I HAD EVER SEEN HIM EITHER AS A FAN OR SOMEONE THAT KNEW HIM PERSONALLY

Garvey underscores the severity of the behavioral change, reinforcing the prosecution's timeline of OJ's agitated state before the murders.

Johnnie Cochran

MY FIRST INSTINCTS WAS I THOUGHT MAYBE HE WAS DOING DRUGS OR SOMETHING, BUT THEN I THOUGHT, WELL, HE IS MAD.

Cochran reads the full transcript quote at the bench to expose the drug reference — intended to block its introduction under Evidence Code 352, but it reveals the fuller context of Garvey's concern about OJ's demeanor.

F. Lee Bailey

THREE MINUTES.

Unexplained interjection during a heated bench conference — possibly a time warning, possibly impatience. A rare Bailey appearance in this proceeding.

Evidence (2)

Informal

Transcript of DA interview with Candace Garvey dated October 27, 1994 — specifically page 19, line 21-22

Quoted directly by Darden to establish prior consistent statement about OJ's angry demeanor

Informal

Photograph of OJ Simpson's left hand shown on screen

Discussed — Garvey confirms she sees no cuts on his index finger or any finger

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Cochran demanded page and line citation before allowing prior statement; Darden produced it; Cochran then objected at the bench that the exact transcript language contained a prejudicial drug reference. Ito brokered a compromise: Darden would use a leading question to elicit 'mad' without reading the drug portion.

strategic

Christopher Darden•Johnnie Cochran

Darden asked about something Cochran 'glossed over' — Cochran immediately moved to strike as argumentative, Darden apologized to both the court and Cochran personally.

heated briefly, then defused

Light Moments (2)

F. Lee Bailey

F. Lee Bailey suddenly interjects 'THREE MINUTES' during bench conference with no context provided in the transcript.

Candace Garvey

Garvey, explaining the 'amazing' change in OJ's demeanor, veers into 'I guess that is why he is a spokesman' — immediately stricken.

Witness Demeanor

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

(BRIEF PAUSE.)

Objections

5 objections (3 sustained, 1 overruled)

Proceeding 4711 • 112 utterances • Prosecution witness

Criminal Trial

Department 103