Cross-examination of Candace Garvey (1 of 2)

📄 Cross-examination of Candace Garvey (1 of 2) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

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

Witness: Candace Garvey
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 332

Cochran cross-examined Candace Garvey, a friend who observed OJ Simpson at Sydney's dance recital on June 12, 1994. He played a defense video (Exhibit 1002) showing Simpson smiling and embracing his son Justin, then methodically used Garvey's September 1994 police statement to undercut her direct testimony — she had said 'preoccupied and depressed,' not 'angry,' and had claimed Simpson only spoke to Ron Fischman, which the video disproved. Cochran also highlighted that Garvey had been absent from the recital for an entire hour (5:30–6:30) and had seen the defense video in the DA's witness coordinator's office just days before testifying.

# 1 THE COURT:

MR. COCHRAN.

# 2 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 3

CROSS-EXAMINATION

# 4

BY MR. COCHRAN:

# 5 Q:

GOOD AFTERNOON, MRS. GARVEY. NOW, SPEAKING OF VIDEOS, YOUR HUSBAND TOOK SOME VIDEOS OF THAT AFTERNOON; IS THAT CORRECT?

# 6 A:

HE DID.

# 7 Q:

HAVE YOU EVER SEEN A VIDEO OF MR. SIMPSON, SHORTLY AFTER THIS RECITAL, INTERACTING WITH THE BROWN FAMILY AND WITH THE SON JUSTIN?

# 8 A:

I DID.

# 9 Q:

WHEN DID YOU SEE THAT VIDEO?

# 10 A:

I SAW IT ON FRIDAY.

# 11 Q:

WHERE DID YOU SEE IT?

# 12 A:

I SAW IT IN THE OFFICES UPSTAIRS.

# 13 Q:

IN THE D.A.'S OFFICE UPSTAIRS HERE?

# 14 A:

I DID.

# 15 Q:

WHO SHOWED THAT VIDEO TO YOU?

# 16 A:

WELL, WHEN I WALKED IN, I CAME -- I DIDN'T KNOW I WAS COMING DOWN HERE FRIDAY, AND WHEN I WALKED INTO THE WITNESS COORDINATOR'S IT WAS ON HER T.V.

# 17 Q:

WHO IS THE WITNESS COORDINATOR?

# 18 A:

PATTY FAIRBANKS.

# 19 Q:

AND SHE WAS SHOWING THIS PARTICULAR VIDEO?

# 20 A:

NOT TO ME. I MEAN, I THINK THERE WAS SOMEBODY ELSE THAT WORKS IN THERE WATCHING IT.

# 21 Q:

WHO WAS SHE SHOWING IT TO, THAT YOU KNOW?

# 22 A:

I DON'T KNOW.

# 23 Q:

ALL RIGHT. WELL, I WANT TO SHOW YOU A VIDEO NOW AND YOU CAN TELL US WHETHER OR NOT IT IS THE SAME VIDEO THEY WERE SHOWING ON FRIDAY IN THE D.A.'S OFFICE WHEN YOU WALKED IN. WHAT NUMBER IS THIS FOR THE RECORD?

# 24 MR. DOUGLAS:

1002.

# 25 MR. COCHRAN:

1003, YOUR HONOR.

# 26 MR. DOUGLAS:

1002.

# 27 MR. COCHRAN:

I WOULD LIKE TO ASK THIS WITNESS TO TAKE A LOOK AT THIS VIDEO.

# 28 THE COURT:

MRS. GARVEY, THERE IS A MONITOR RIGHT TO YOUR RIGHT THERE.

# 29 (AT 2:51 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

# 30 Q:

BY MR. COCHRAN: BY THE WAY, AS WE WERE WATCHING THAT, MISS GARVEY, IS THAT PAUL REVERE MIDDLE SCHOOL?

# 31 A:

YES, IT IS.

# 32 Q:

THAT GENTLEMAN THERE, DEPICTED THERE, WHO IS THAT?

# 33 A:

RON FISCHMAN.

# 34 Q:

IS THAT DR. RON FISCHMAN?

# 35 A:

YES, SIR.

# 36 Q:

IS HE MARRIED TO CORA FISCHMAN?

# 37 A:

THAT'S CORRECT.

# 38 Q:

DO YOU RECOGNIZE THOSE PEOPLE THERE? STOP IT THERE, MR. DOUGLAS.

# 39 A:

UH-HUH.

# 40 Q:

DO YOU RECOGNIZE THOSE PEOPLE DEPICTED THERE?

# 41 A:

YES.

# 42 Q:

WHO DO YOU SEE DEPICTED THERE?

# 43 A:

I SEE O.J. KISSING NICOLE'S MOM OR HER MOM KISSING HIM, AND HER DAD AND DENISE, HER SISTER.

# 44 Q:

ALL RIGHT. BY THE WAY -- YOU CAN CONTINUE ON, MR. DOUGLAS -- SAME VIDEO THAT YOU SAW ON FRIDAY UP IN THE D.A.'S OFFICE?

# 45 A:

I DID.

# 46 Q:

SAME VIDEO?

# 47 A:

YES, I DID.

# 48 Q:

ALL RIGHT. WHO IS THAT WITH O.J.? IS THAT DR. FISCHMAN?

# 49 A:

YES, SIR.

# 50 Q:

AND WHO IS THAT WHO JUST JUMPED UP IN MR. SIMPSON'S ARMS?

# 51 A:

JUSTIN.

# 52 Q:

THAT IS HIS SON?

# 53 A:

YES.

# 54 Q:

NOW, DO YOU SEE THAT SMILE ON MR. SIMPSON'S FACE THERE?

# 55 A:

YES, SIR.

# 56 Q:

IS THAT THE WAY YOU NORMALLY SAW HIM?

# 57 A:

YES, SIR.

# 58 Q:

HAPPY AS YOU DESCRIBED?

# 59 A:

YES, SIR.

# 60 Q:

CHARISMATIC?

# 61 A:

WELL, I DON'T KNOW. I WASN'T THERE, BUT HE LOOKS HAPPY.

# 62 Q:

HE LOOKED HAPPY IN THAT PHOTOGRAPH TO YOU, DID HE?

# 63 A:

YES.

# 64 Q:

AND IS THAT THE WAY AND THOSE ARE SOME OF THE PEOPLE WHO WERE AT THAT CONCERT THAT WE HAVE BEEN TALKING ABOUT HERE?

# 65 A:

YES, SIR.

# 66 Q:

IS THAT RIGHT, MISS GARVEY? ALL RIGHT. NOW, WHEN YOU CAME IN THE ROOM IN THE D.A.'S OFFICE ON FRIDAY, WHAT TIME OF DAY WAS THAT, BY THE WAY?

# 67 A:

IT WAS ABOUT FIVE O'CLOCK.

# 68 Q:

AND DID YOU TALK TO ONE OF THE DEPUTY DISTRICT ATTORNEYS?

# 69 A:

OH, NO, I'M SORRY. FRIDAY? I GOT HERE, I DON'T KNOW, ONE O'CLOCK.

# 70 Q:

ALL RIGHT. AND DID YOU -- AFTER YOU SAW THIS TAPE, YOU SAW IT WITH MISS FAIRBANKS, DID YOU?

# 71 A:

YES.

# 72 Q:

DID YOU THEN HAVE OCCASION TO SPEAK TO ONE OF THE DEPUTY DISTRICT ATTORNEYS ASSIGNED TO THIS CASE?

# 73 A:

NO, I DID NOT.

# 74 Q:

YOU DIDN'T TALK TO THEM AT ALL THAT DAY?

# 75 A:

NO, I DID NOT.

# 76 Q:

YOU JUST CAME DOWN HERE ON YOUR OWN?

# 77 A:

I WAS CALLED TO COME DOWN.

# 78 Q:

ALL RIGHT. YOU JUST WAITED FOR A WHILE?

# 79 A:

I WAITED, YES, AND THEY SENT ME HOME.

# 80 MR. COCHRAN:

ALL RIGHT. NOW, I WANT TO SHOW YOU ANOTHER PHOTOGRAPH AT THIS POINT, IF WE CAN PUT IT ON THE ELMO. THE NUMBER? DEFENDANT'S 1003.

# 81 Q:

DID YOU SEE, WHILE YOU WERE AT THAT CONCERT ON JUNE 12, 1994, AT SOME POINT DID YOU SEE SYDNEY SIMPSON?

# 82 A:

OH, YES.

# 83 Q:

AND DO YOU RECOGNIZE THE LITTLE COSTUME SHE IS WEARING THERE?

# 84 A:

OH, YES.

# 85 Q:

DID YOU SEE HER FATHER PRESENT HER WITH SOME FLOWERS ON THAT DAY?

# 86 A:

I DID NOT.

# 87 Q:

YOU WEREN'T PRESENT WHEN THAT HAPPENED?

# 88 A:

I WAS NOT, NO.

# 89 Q:

YOU ARE LOOKING AT THE PHOTOGRAPH HOWEVER. YOU RECOGNIZE O.J. SIMPSON, DO YOU NOT?

# 90 A:

YES, I DO.

# 91 Q:

YOU RECOGNIZE SYDNEY?

# 92 A:

UH-HUH.

# 93 Q:

ALL RIGHT. NOW, YOU SPOKE WITH THE DISTRICT ATTORNEY -- IN THE D.A.'S OFFICE BACK ON SEPTEMBER 6, 1994, AT ABOUT 11:30 YOU WERE INTERVIEWED BY DETECTIVES VANNATTER AND LANGE AND MARCIA CLARK WAS PRESENT; ISN'T THAT CORRECT?

# 94 A:

UH-HUH.

# 95 Q:

AT THAT TIME YOU GAVE THEM A STATEMENT ABOUT WHAT YOU HAD SEEN ON JUNE 12, 1994; ISN'T THAT CORRECT?

# 96 A:

UH-HUH.

# 97 Q:

AND YOU WERE STRIVING TO BE AS ACCURATE AS YOU COULD AT THAT PARTICULAR TIME; IS THAT RIGHT?

# 98 A:

YES.

# 99 Q:

YOU HAVE TO ANSWER OUT LOUD.

# 100 A:

I'M SORRY, YES.

# 101 Q:

ALL RIGHT. AND YOU DESCRIBE FOR VANNATTER, LANGE AND MISS MARCIA CLARK THAT AS MR. SIMPSON SAT IN THAT LAST ROW HE APPEARED TO BE DEEPLY ENGROSSED IN CONVERSATION WITH DR. RON FISCHMAN; ISN'T THAT CORRECT?

# 102 A:

I THINK MY HUSBAND SAID THAT.

# 103 Q:

WELL, WERE YOU PRESENT?

# 104 A:

I WAS.

# 105 Q:

YOU SAW THAT YOURSELF, DID YOU NOT?

# 106 A:

YES.

# 107 Q:

IN OTHER WORDS, SAW MR. SIMPSON TALKING OR HAVING A CONVERSATION WITH DR. FISCHMAN; IS THAT RIGHT?

# 108 A:

NO. WHEN WE WERE WALKING INTO THE RECITAL ORIGINALLY, THAT IS WHEN WE SAW THEM TALKING.

# 109 Q:

ALL RIGHT. WELL, LET'S -- I'M JUST ASKING YOU, YOU SAW THEM TALKING, DID YOU NOT?

# 110 A:

YES.

# 111 Q:

THAT WAS THE SAME RON FISCHMAN WE JUST SAW ON THE VIDEO?

# 112 A:

UMM, YES. WELL, I THINK I SAID THAT HE WAS TALKING TO -- I DON'T KNOW IF IT WAS RON THAT HE WAS TALKING TO. IT WAS SOMEBODY IN A SWEATSUIT I THINK. I DIDN'T -- I DON'T THINK HE HAD THAT OUTFIT ON, SO IT MAY NOT HAVE BEEN HIM.

# 113 Q:

ALL RIGHT. WOULD IT BE HELPFUL TO YOU IF I WERE TO SHOW YOU YOUR STATEMENT BACK IN --

# 114 A:

SURE.

# 115 Q:

-- SEPTEMBER 6, 1994?

# 116 A:

YES.

# 117 MR. COCHRAN:

MAY I APPROACH, YOUR HONOR?

# 118 THE COURT:

YES.

# 119 MR. COCHRAN:

I WOULD LIKE TO PLACE THIS BEFORE YOU.

# 120 Q:

ASK YOU, IF YOU WOULD, TO READ THIS TO YOURSELF FIRST OF ALL, IF YOU WOULD, READ THIS PARAGRAPH?

# 121 A:

WHERE?

# 122 Q:

FROM HERE TO HERE, THIS PARAGRAPH.

# 123 A:

"THE GARVEYS BOTH STATED" --

# 124 Q:

NO, NO, TO YOURSELF.

# 125 A:

TO MYSELF? I'M SORRY. (WITNESS COMPLIES.) YES.

# 126 Q:

ALL RIGHT. YOU READ THAT?

# 127 A:

YES.

# 128 Q:

DOES THAT TEND TO REFRESH YOUR RECOLLECTION ABOUT WHAT YOU INDICATED TO VANNATTER AND LANGE BACK ON SEPTEMBER 6, 1994?

# 129 A:

WELL, I DIDN'T SAY THAT I SAW HIM IN CONVERSATION WITH RON WHEN HE WAS SEATED IN THAT LAST ROW.

# 130 Q:

THE QUESTION IS DID THAT REFRESH YOUR RECOLLECTION?

# 131 A:

OH, SURE, YES.

# 132 Q:

LISTEN TO MY QUESTION, PLEASE.

# 133 A:

OKAY.

# 134 Q:

AND YOU INDICATED IN THAT CONVERSATION THAT MR. SIMPSON APPEARED TO BE DEEPLY ENGROSSED IN A CONVERSATION WITH DR. RON FISCHMAN AT SOME TIME DURING THE EVENING; IS THAT CORRECT?

# 135 A:

YES.

# 136 Q:

OKAY. AND THAT IS THE SAME RON FISCHMAN WE JUST SAW IN THE VIDEO; IS THAT CORRECT?

# 137 A:

I GUESS SO, YES.

# 138 Q:

WELL, IS THERE TWO RON FISCHMANS?

# 139 A:

NO, BUT I DON'T REMEMBER HIM WEARING THAT OUTFIT, SO MAYBE I COULD HAVE BEEN WRONG. MAYBE WHEN I GAVE THAT STATEMENT HE MAY HAVE BEEN TALKING TO SOMEBODY ELSE AND I MAY HAVE JUST THOUGHT IT WAS HIM, I DON'T KNOW, BECAUSE I DON'T REMEMBER HIM WEARING THAT.

# 140 Q:

ALL RIGHT. WELL, YOU ALSO DESCRIBED TO THE DISTRICT ATTORNEY HE WAS WEARING A GRAY CARDIGAN SWEATER ALSO; ISN'T THAT CORRECT?

# 141 A:

O.J.

# 142 Q:

HE WAS WEARING BLACK?

# 143 A:

WELL, I TOLD THEM IT WAS A DARK GRAY. I WAS VERY SPECIFIC AND I TOLD THEM THE BELT, BUT THAT IS NOT IN THERE EITHER.

# 144 Q:

I PRESUME THEY WROTE DOWN WHAT YOU WERE SAYING, DID THEY NOT?

# 145 A:

WELL, THEY DIDN'T EXACTLY WRITE DOWN EVERYTHING I SAID.

KEY QUOTE

# 146 Q:

YOU MEAN THEY GOT IT WRONG?

# 147 A:

WELL, MAYBE A LITTLE BIT.

# 148 Q:

OKAY. ALL RIGHT. NOW, I WANT YOU TO SEARCH YOUR MEMORY NOW.

# 149 A:

OKAY.

# 150 Q:

DO YOU RECALL AT SOME TIME WHEN YOU CAME INTO THAT AUDITORIUM YOU SAW MR. O.J. SIMPSON DEEPLY ENGROSSED IN CONVERSATION WITH DR. RON FISCHMAN THAT PARTICULAR EVENING?

# 151 A:

THAT -- YES.

# 152 Q:

OKAY. NOW, YOU WERE THERE, AS I UNDERSTAND IT, TO SEE YOUR DAUGHTER?

# 153 A:

YES.

# 154 Q:

WHO WAS ALSO PERFORMING; IS THAT CORRECT? AND BECAUSE YOUR DAUGHTER WAS TOWARD THE END OF THE PROGRAM, AT SOME POINT YOU LEFT; IS THAT CORRECT?

# 155 A:

THAT'S CORRECT.

# 156 Q:

AND LET'S TELL THE COURT AND JURY, HOW LONG DID THIS CONCERT LAST, THIS RECITAL LAST FROM BEGINNING TO END?

# 157 A:

I WOULD SAY ABOUT TWO HOURS AND FIFTEEN MINUTES APPROXIMATELY.

# 158 Q:

SO WHEN YOU FIRST WALKED IN, WHAT TIME OF THE EVENING WAS IT?

# 159 A:

IT WAS FIVE O'CLOCK.

# 160 Q:

AND SO THAT YOUR BEST RECOLLECTION IS THAT IT LASTED UNTIL ABOUT 7:15?

# 161 A:

YES.

# 162 Q:

AND OF THAT TWO HOURS AND FIFTEEN MINUTES, MA'AM, WHAT TIME WERE YOU OUT OF THE AUDITORIUM, DID YOU LEAVE AND GO BACK HOME?

# 163 A:

I GUESS I LEFT AT ABOUT 5:30 AND CAME BACK AROUND 6:30.

# 164 Q:

SO OF THE TWO HOURS AND FIFTEEN MINUTES YOU WERE GONE, PERHAPS -- PERHAPS AN HOUR. AND YOU CAN'T TELL US WHAT WENT ON DURING THAT HOUR; IS THAT CORRECT?

# 165 A:

NO, I CANNOT.

# 166 Q:

ALL RIGHT. NOW, DO YOU KNOW HOW LONG THIS CONVERSATION LASTED BETWEEN MR. O.J. SIMPSON AND DR. RON FISCHMAN?

# 167 A:

NO, SIR.

# 168 Q:

NOW, YOU DESCRIBED FOR THE COURT AND JURY THAT AT SOME POINT YOU CAME OVER AND YOU ADDRESSED MR. SIMPSON BECAUSE YOU KNEW HIM; IS THAT CORRECT?

# 169 A:

THAT'S CORRECT.

# 170 Q:

AND WOULD I BE CORRECT IN ASSUMING THAT YOU CONSIDERED HIM A FRIEND; IS THAT CORRECT?

# 171 A:

ACQUAINTANCE.

# 172 Q:

ALL RIGHT. ACQUAINTANCE AND SO YOU CAME OVER TO HIM, HOWEVER, TO SPEAK; ISN'T THAT CORRECT?

# 173 A:

I DID.

# 174 Q:

ALL RIGHT. SO YOU SPOKE TO THIS ACQUAINTANCE AND HE DIDN'T SEEM TO BE VERY RESPONSIVE AT THE TIME YOU WERE TALKING TO HIM?

# 175 A:

NO.

# 176 Q:

WAS THERE ANYONE ELSE SEATED BESIDE HIM AT THE TIME THAT YOU WERE TALKING TO HIM?

# 177 A:

AS I WAS LEAVING? I'M SORRY.

# 178 Q:

THE TIME WHEN YOU CAME OVER TO SPEAK TO HIM AND YOU SAID HE SEEMED KIND OF NONRESPONSIVE, WAS HE SEATED WITH ANYBODY ELSE IN THAT ROW?

# 179 A:

UMM, I BELIEVE THERE WAS SOMEONE NEXT TO HIM.

# 180 Q:

ALL RIGHT. COULD THAT HAVE BEEN DR. RON FISCHMAN?

# 181 A:

I DON'T KNOW.

# 182 Q:

DID HE SEEM TO YOU TO BE TIRED THAT EVENING, MR. SIMPSON?

# 183 A:

NO.

# 184 Q:

HAD YOU EVER SEEN HIM TIRED BEFORE?

# 185 A:

I DON'T KNOW. I DON'T REMEMBER.

# 186 Q:

ALL RIGHT.

# 187 A:

I GUESS NOT. I DON'T KNOW.

# 188 Q:

YOU DON'T KNOW, DO YOU?

# 189 A:

NO, I DON'T KNOW.

# 190 Q:

ALL RIGHT. SO AT ANY RATE -- AND YOU CAN'T TELL US WHO HE WAS SEATED NEXT TO WHEN YOU WERE TALKING TO HIM?

# 191 A:

I CANNOT. IT WAS DARK.

KEY QUOTE

# 192 Q:

IT WAS DARK INSIDE THE RECITAL?

# 193 A:

YES, IT WAS.

# 194 Q:

AT THIS TIME WERE THERE CHILDREN PERFORMING ON THE STAGE AT THIS POINT?

# 195 A:

YES, THEY WERE.

# 196 Q:

AND SO --

# 197 A:

WELL, IT WAS IN BETWEEN ACTUALLY.

# 198 Q:

ALL RIGHT. WELL, LET'S SEE. YOU CAME OVER TO HIM AFTER THE RECITAL HAD STARTED?

# 199 A:

THAT'S CORRECT.

# 200 Q:

SOMEONE IS SEATED NEXT TO HIM. YOU CAN'T TELL US WHO?

# 201 A:

THAT'S CORRECT.

# 202 Q:

IT IS DARK INSIDE THE PLACE?

# 203 A:

YES.

# 204 Q:

IS THAT CORRECT?

# 205 A:

UH-HUH.

# 206 Q:

AND WHEN YOU SAY "DARK," I PRESUME THERE IS SOME LIGHTING ENOUGH SO THAT YOU CAN SEE THE STAGE; IS THAT RIGHT?

# 207 A:

YES.

# 208 Q:

THIS CONVERSATION WAS, I PRESUME, RATHER BRIEF, WAS IT NOT?

# 209 A:

VERY BRIEF.

# 210 Q:

YOU WENT ON, I PRESUME, TO YOUR SEAT; IS THAT CORRECT?

# 211 A:

NO, I LEFT.

# 212 Q:

THIS IS ABOUT 5:30 WHEN YOU WERE LEAVING?

# 213 A:

YES, THAT'S CORRECT.

# 214 Q:

SO AS NEAR AS COULD YOU TELL WAS MR. SIMPSON THERE WHEN YOU ARRIVED?

# 215 A:

UMM, I DID NOT LOOK FOR HIM, NO. I DON'T KNOW.

# 216 Q:

WHEN YOU FIRST LOOKED UP, HE WAS ALREADY THERE; ISN'T THAT CORRECT?

# 217 A:

WHEN I CAME BACK?

# 218 Q:

AT ANY TIME. WHEN YOU SAW MR. SIMPSON, HE WAS INSIDE THE RECITAL; ISN'T THAT CORRECT?

# 219 A:

WHEN I WAS LEAVING I SAW HIM INSIDE THE RECITAL.

# 220 Q:

OKAY. YOU DON'T KNOW WHAT TIME HE GOT THERE, DO YOU?

# 221 A:

I DON'T KNOW WHEN HE GOT THERE. I SAW HIM AT FIVE O'CLOCK. WHEN I ARRIVED, HE HAD ARRIVED, HE WAS IN THERE WAITING TO SIT DOWN.

# 222 Q:

WAS HE ALREADY THERE BEFORE YOU CAME?

# 223 A:

YES, SIR.

# 224 Q:

THAT WAS THE QUESTION.

# 225 A:

OH, IT WAS?

# 226 Q:

I'M SORRY.

# 227 A:

I'M SORRY.

# 228 Q:

ALL RIGHT. SO WHEN YOU LEFT AT 5:30 HE WAS STILL THERE?

# 229 A:

THAT'S CORRECT.

# 230 Q:

SO YOU DON'T KNOW WHAT HAPPENED BETWEEN 5:30 AND 6:30?

# 231 A:

YES, MA'AM.

# 232 Q:

YOU CAME BACK AT 6:30?

# 233 A:

RIGHT.

# 234 Q:

WHEN YOU CAME BACK YOU SAW YOUR DAUGHTER PERFORM?

# 235 A:

I DID.

# 236 Q:

DID YOU SEE MR. SIMPSON AT OR NEAR THE END OF THAT CONCERT AT 7:15?

# 237 A:

THAT'S CORRECT.

# 238 Q:

HE WAS STILL THERE?

# 239 A:

THAT'S CORRECT.

# 240 Q:

YOU DESCRIBED, IN RESPONSE TO ONE OF MR. DARDEN'S QUESTIONS, THAT NORMALLY MR. SIMPSON SEEMED TO BE A KIND, HAPPY PERSON, VERY CHARISMATIC AND THAT IS HOW HE ALWAYS SEEMED TO YOU; IS THAT CORRECT?

# 241 A:

THAT'S CORRECT.

# 242 Q:

WHEN YOU SAW HIM AT THE END OF THAT VIDEO THERE HE SEEMED TO YOU TO BE KIND AND HAPPY, DID HE NOT?

# 243 A:

YES, HE DID.

# 244 Q:

LIKE HE ALWAYS IS; ISN'T THAT RIGHT?

# 245 A:

THAT'S RIGHT.

# 246 Q:

WHEN YOU SAW THIS UP IN THE D.A.'S OFFICE ON FRIDAY DIDN'T YOU THINK O.J. SIMPSON LOOKED PRETTY KIND AND HAPPY AT THAT POINT? DIDN'T YOU THINK THAT?

# 247 A:

WELL, WHAT I REALLY THOUGHT WAS THAT THAT WAS AN AMAZING CHANGE.

KEY QUOTE

# 248 Q:

THAT IS WHAT YOU THOUGHT?

# 249 A:

I REALLY DID.

# 250 Q:

DO YOU SEE THAT EXACT SAME DATE? DO YOU UNDERSTAND THAT?

# 251 A:

THAT'S RIGHT. IT AMAZES ME.

# 252 Q:

HAVE YOU EVER BEEN AT A PLACE AND BEEN IN A CONVERSATION WITH SOMEONE, SOMEONE COMES UP AND INTERRUPTS YOU AND YOU DON'T GIVE THEM FULL ATTENTION. HAS THAT EVER HAPPENED TO YOU?

# 253 A:

SURE.

# 254 Q:

THEN AFTER YOU FINISH THAT CONVERSATION YOU GO ON AND YOU ARE YOUR USUAL HAPPY GO LUCKY SELF AFTER THAT? HAS THAT EVER HAPPENED TO YOU?

# 255 A:

I DON'T KNOW. I DON'T REMEMBER BUT --

# 256 Q:

IN YOUR OWN LIFE ISN'T IT TRUE THAT IT IS DIFFICULT TO TAKE SOMETHING OUT OF CONTEXT IN SOMEBODY'S LIFE IN A PARTICULAR AFTERNOON?

# 257 MR. DARDEN:

OBJECTION.

# 258 Q:

BY MR. COCHRAN: MAY I FINISH? WOULDN'T YOU AGREE THAT IS A LITTLE DIFFICULT?

# 259 MR. DARDEN:

OBJECTION, YOUR HONOR.

# 260 THE COURT:

IT IS ARGUMENTATIVE.

# 261 MR. COCHRAN:

MAYBE I CAN REPHRASE IT.

# 262 THE COURT:

PLEASE.

# 263 Q:

BY MR. COCHRAN: WELL, WE KNOW THAT AT SOME POINT DURING THAT RECITAL THAT AFTERNOON MR. SIMPSON SEEMED HIS NORMAL SELF, DON'T WE?

# 264 A:

YES.

# 265 Q:

AND YOU ARE TELLING US THAT INSIDE IN THE DARK WHILE THE RECITAL WAS GOING ON AT SOME POINT HE SEEMED TO YOU TO BE KIND OF VACANT? IS THAT THE WORD YOU USED?

# 266 A:

WELL, HE WAS IN THE LIGHT WHEN I ORIGINALLY SPOKE TO HIM AND HAD MY FIRST IMPRESSION FORMED.

# 267 Q:

ALL RIGHT. BUT YOU SAID HE SEEMED VACANT AT SOME POINT TODAY, DID YOU NOT?

# 268 A:

YES.

# 269 Q:

AND WHEN YOU DESCRIBED THIS, WOULD YOU AGREE WITH ME THAT THE EVENTS OF JUNE 12 WERE FRESHER IN YOUR MIND BACK IN SEPTEMBER 6TH THAN THEY ARE NOW?

# 270 A:

NO.

# 271 Q:

YOU ARE ONE OF THESE PEOPLE WHERE YOUR MEMORY GETS BETTER THE LONGER TIME GOES BY?

KEY QUOTE

# 272 A:

NO.

# 273 Q:

OKAY. WELL, LET ME ASK YOU THIS: WHEN YOU DESCRIBED MR. SIMPSON TO MISS CLARK AND TO DETECTIVES VANNATTER AND LANGE --

# 274 A:

UH-HUH.

# 275 Q:

-- DID YOU DESCRIBE HIM -- "SHE DESCRIBED SIMPSON AS APPEARING TO BE PREOCCUPIED AND DEPRESSED." DID YOU DESCRIBE IT THAT WAY?

# 276 A:

I THINK I FELT THAT.

# 277 Q:

ALL RIGHT. WAS THAT ACCURATE?

# 278 A:

I THINK THAT IS PROBABLY -- YEAH, MAYBE.

# 279 Q:

YOU NEVER SAID ANYTHING ABOUT HIM BEING ANGRY, DID YOU?

# 280 A:

YES, I THINK I DID.

# 281 Q:

DID YOU READ THIS STATEMENT? DID YOU EVER --

# 282 A:

I DID READ IT, YES.

# 283 Q:

DID THEY EVER PUT THAT DOWN?

# 284 A:

I DON'T -- WELL, NOW THAT I HAVE JUST READ IT, IT WAS NOT THERE.

# 285 Q:

LET ME APPROACH. WOULD YOU LIKE TO SEE IT AGAIN?

# 286 A:

YES, PLEASE.

# 287 MR. COCHRAN:

MAY I APPROACH AGAIN?

# 288 THE COURT:

YOU MAY.

# 289 (BRIEF PAUSE.)

# 290 Q:

BY MR. COCHRAN: PLEASE READ THIS TO YOURSELF.

# 291 A:

(WITNESS COMPLIES.) YES.

# 292 Q:

ALL RIGHT. HAVING READ THIS PARTICULAR -- THE THIRD PARAGRAPH -- WELL, THE FOURTH PARAGRAPH, MR. DARDEN, ON PAGE 123-C, DO YOU SEE ANY PLACE IN THERE WHERE EITHER -- WHERE DETECTIVE LANGE, VANNATTER OR MISS CLARK HAVE NOTED WHERE YOU TOLD THEM ANYTHING ABOUT MR. SIMPSON BEING ANGRY THAT AFTERNOON?

# 293 A:

NO.

# 294 Q:

BUT DO YOU SEE WHERE YOU SAID HE WAS PREOCCUPIED AND DEPRESSED, RIGHT?

# 295 A:

YES.

# 296 Q:

AND YOU ALSO TOLD THEM, DID YOU NOT, THAT YOU NEVER OBSERVED MR. SIMPSON SPEAK TO ANYONE EXCEPT RON FISCHMAN?

# 297 A:

THAT'S CORRECT.

# 298 Q:

ALL RIGHT. YOU SAW THE VIDEO SO YOU KNOW HE SPOKE TO OTHER PEOPLE NOW, DON'T YOU?

# 299 A:

THAT'S CORRECT.

# 300 Q:

AND YOU DESCRIBED A PERIOD OF TIME WHEN YOU WERE LEAVING THE RECITAL AND -- SO YOU WERE THERE AT THE END OF THE RECITAL ABOUT 7:15. DID YOU SEE MR. SIMPSON AT THAT TIME?

# 301 A:

WHEN I LEFT?

# 302 Q:

YES, WHEN YOU WERE LEAVING?

# 303 A:

YES, I DID.

# 304 Q:

WAS HE OUTSIDE?

# 305 A:

NO.

# 306 Q:

WAS HE STILL INSIDE?

# 307 A:

YES.

# 308 Q:

SO YOU CAME OUT BEFORE HE DID?

# 309 A:

THAT'S CORRECT.

# 310 Q:

WERE YOU PRESENT WHEN HE PRESENTED THOSE FLOWERS TO HIS DAUGHTER?

# 311 A:

I WAS NOT.

# 312 Q:

YOU RESPONDED TO -- STRIKE THAT. IN ONE OF YOUR BITS OF CONVERSATION YOU SAID YOU HAD HAD YOUR BABY. YOU HAD HAD A BABY AT THAT TIME?

# 313 A:

YES.

# 314 Q:

AND MR. SIMPSON SAID NICK HAD TOLD HIM THAT. WAS THAT THE NAME HE REFERRED TO HIS EX-WIFE AS, NICOLE?

# 315 A:

I DON'T KNOW. I NEVER HEARD HIM SAY THAT BEFORE.

# 316 Q:

WHEN HE SAID "NICK" YOU DIDN'T KNOW WHO HE WAS TALKING ABOUT.

# 317 A:

I KNEW WHO HE WAS TALKING ABOUT, BUT I NEVER HEARD HIM CALL HER NICK.

# 318 Q:

WHEN HE SAID "NICK" YOU KNEW HE WAS TALKING ABOUT NICOLE, DIDN'T YOU?

# 319 A:

OH, I DID, YES.

# 320 Q:

DID YOU, BY THE WAY, SPEAK WITH DR. RON FISCHMAN THAT EVENING?

# 321 A:

I DON'T BELIEVE SO.

# 322 Q:

DO YOU KNOW HIM?

# 323 A:

I HAVE MET HIM, YES.

# 324 Q:

AND YOU HAD MET HIM PRIOR TO JUNE 12, 1994?

# 325 A:

YES.

# 326 Q:

ALL RIGHT. AND YOU LEFT THEN THE PAUL REVERE MIDDLE SCHOOL AT ABOUT 7:15 THAT AFTERNOON, RIGHT?

# 327 A:

THAT'S CORRECT.

# 328 Q:

LAST TIME YOU SAW MR. SIMPSON THAT EVENING WHEN HE WAS AT PAUL REVERE WAS AT ABOUT THAT SAME TIME, 7:15 OR A LITTLE BEFORE?

# 329 A:

YES.

# 330 Q:

DID YOU EVER SEE HIM OUTSIDE LIKE YOU SAW HIM IN THE VIDEO, SMILING?

# 331 A:

NO, I DIDN'T.

# 332 MR. COCHRAN:

I HAVE NOTHING FURTHER OF THIS WITNESS AT THIS POINT, YOUR HONOR.

Temperature

tense

Key Quotes (5)

Candace Garvey

WELL, WHAT I REALLY THOUGHT WAS THAT THAT WAS AN AMAZING CHANGE.

After being shown the video of a smiling OJ on the day of the murders, Garvey volunteered that his happiness amazed her — cutting against Cochran's argument but also revealing her bias and pre-formed conclusion.

Candace Garvey

WELL, THEY DIDN'T EXACTLY WRITE DOWN EVERYTHING I SAID.

Garvey implies the detectives' notes were incomplete or inaccurate — attempting to explain inconsistencies between her statement and trial testimony, but undermining her own reliability as a witness.

Johnnie Cochran

DO YOU SEE ANY PLACE IN THERE WHERE EITHER -- WHERE DETECTIVE LANGE, VANNATTER OR MISS CLARK HAVE NOTED WHERE YOU TOLD THEM ANYTHING ABOUT MR. SIMPSON BEING ANGRY THAT AFTERNOON?

Cochran forces Garvey to confirm the word 'angry' — which she used on direct — never appeared in her September 1994 statement, directly impeaching her characterization of Simpson's demeanor.

Candace Garvey

I CANNOT. IT WAS DARK.

Garvey admits she could not identify who was seated next to Simpson during their brief interaction — weakening the evidentiary value of her observations about his demeanor.

Johnnie Cochran

YOU ARE ONE OF THESE PEOPLE WHERE YOUR MEMORY GETS BETTER THE LONGER TIME GOES BY?

Cochran's rhetorical jab after Garvey claims the September 1994 events are not fresher in her mind than they are now — effectively highlighting an implausible answer.

Evidence (3)

Defense Exhibit 1002

Videotape of OJ Simpson at Paul Revere Middle School recital on June 12, 1994, showing him smiling, embracing son Justin, and interacting with the Brown family and Ron Fischman

played for witness and jury

Defense Exhibit 1003

Photograph of OJ Simpson presenting flowers to Sydney Simpson at the recital

shown to witness; she confirmed she was not present for the flower presentation

Informal

Garvey's September 6, 1994 statement to Detectives Vannatter and Lange with Marcia Clark present

used to refresh recollection and impeach trial testimony

Notable Exchanges (3)

Johnnie Cochran•Candace Garvey

Cochran reveals that Garvey watched the defense video in the DA's witness coordinator's office (with Patty Fairbanks) just before testifying, raising an implicit suggestion of witness preparation or exposure to favorable-to-prosecution framing.

strategic

Johnnie Cochran•Candace Garvey

Cochran walks Garvey through her prior statement showing she described Simpson as 'preoccupied and depressed' — not 'angry' as she said on direct — and that she told investigators she never saw Simpson speak to anyone except Fischman, which the video contradicted.

revealing

Johnnie Cochran•Candace Garvey

Cochran establishes Garvey was absent from the recital for a full hour (5:30–6:30), leaving an unaccounted gap, and that her interactions with Simpson were brief and in the dark.

strategic

Light Moments (1)

Johnnie Cochran

Cochran asks 'Is there two Ron Fischmans?' after Garvey equivocates about whether the Ron Fischman in the video is the same one she saw.

Credibility Attacks (3)

⚔ Candace Garvey

prior inconsistent statement

Cochran used her September 6, 1994 police statement to show she described Simpson as 'preoccupied and depressed' — not 'angry' as she testified on direct — and that she told investigators she only saw Simpson speak to Fischman, contradicted by the video.

⚔ Candace Garvey

gaps in observation

Cochran established she was absent from the recital for an hour, her interactions with Simpson were brief, the hall was dark, and she could not identify who was seated next to him.

⚔ Candace Garvey

witness exposure to evidence pre-testimony

Cochran elicited that Garvey watched the defense video in the DA's office days before testifying, raising questions about whether her impressions were shaped by that viewing.

Witness Demeanor

(WITNESS COMPLIES.) — reading statement silently, twice

Frequently said 'I don't know' and hedged answers; appeared uncertain about details

Volunteered 'IT AMAZES ME' unprompted when shown Simpson looking happy on the murder day

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 4710 • 332 utterances • Prosecution witness

Criminal Trial

Department 103