Cross-examination of Denise Brown (part 1)

📄 Cross-examination of Denise Brown (part 1) — Monday, February 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\6\CROSS-EXAMINATION-OF-DENISE-BR.DOC

TRIAL

▲ Day 13 of 167

◀ Direct examination of Denise Brown (afternoon) Sidebar: testimony scope ▶

Witness: Denise Brown
Examiner: Robert Shapiro
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 264

Robert Shapiro cross-examines Denise Brown, methodically undermining her credibility by establishing that she was drinking heavily during both incidents she described (the Rockingham incident with Ed McCabe and the Red Onion incident with Dino Buccola), and that her memory of the Rockingham incident was only refreshed by a girlfriend more than a decade after it occurred — after the murders. Shapiro also elicits from Denise that Nicole was smart, independent, strong, and tough, but also had 'a temper and a mouth on her,' laying groundwork for the defense's portrait of a volatile relationship.

# 1

CROSS-EXAMINATION

# 2

BY MR. SHAPIRO:

# 3 Q:

MISS BROWN, I, AS YOU KNOW, HAVE TO ASK YOU SOME QUESTIONS.

# 4 A:

YES.

# 5 Q:

IN PREPARATION FOR YOUR TESTIMONY, DID YOU PROPERLY MEET WITH MEMBERS OF THE DISTRICT ATTORNEY'S OFFICE TO GO OVER THE AREAS THAT YOU WOULD BE QUESTIONED ON TODAY?

# 6 A:

YES.

# 7 Q:

AND HAVE YOU DONE THAT ON SEVERAL OCCASIONS?

# 8 A:

NO.

# 9 Q:

HOW MANY OCCASIONS DID YOU DO THAT ON?

# 10 A:

UMM, TWICE.

# 11 Q:

AND DID YOU MEET WITH ANY OTHER LAWYER TO GO OVER ANY OF THE TESTIMONY THAT YOU MIGHT OFFER IN COURT TODAY?

# 12 A:

NO.

# 13 Q:

YOU HAVEN'T TALKED TO ANY OTHER LAWYER ABOUT THIS?

# 14 A:

NO.

# 15 Q:

OTHER THAN THE PROSECUTORS EXCUSE ME. I AM SORRY.

# 16 A:

MR. DARDEN.

# 17 Q:

AND HAVE YOU HAD A CHANCE TO REVIEW A TRANSCRIPT OF THE STATEMENT THAT YOU GAVE TO THE DISTRICT ATTORNEY'S OFFICE AND LAWYERS IN JANUARY OF THIS YEAR?

# 18 A:

EXCUSE ME?

# 19 Q:

HAVE YOU HAD A CHANCE TO SEE A TRANSCRIPT OF THE STATEMENT YOU GAVE TO THE DISTRICT ATTORNEY'S LAWYERS AND INVESTIGATORS IN JANUARY OF THIS YEAR?

# 20 A:

YES.

# 21 Q:

AND WHEN WAS THE LAST TIME YOU HAD A CHANCE TO REVIEW THAT?

# 22 A:

IT WAS MAYBE ABOUT FOUR DAYS AGO.

# 23 Q:

AND WAS IT ACCURATE, THE THINGS YOU SAID IN THAT TRANSCRIPT?

# 24 A:

AS FAR AS I REMEMBER, YES.

# 25 Q:

THERE WASN'T ANYTHING THAT YOU CALLED TO THE ATTENTION OF ANY OF THE LAWYERS THAT YOU WANTED TO CHANGE?

# 26 A:

NOT THAT I REMEMBER.

# 27 Q:

THE INCIDENT THAT YOU SPOKE ABOUT -- AND LET'S REFER TO IT AS THE ALLEGED ROCKINGHAM INCIDENT, THE FIRST INCIDENT WHEN YOU WERE THERE WITH ED MC CABE.

# 28 A:

RIGHT.

# 29 Q:

DID YOU TALK ABOUT THAT INCIDENT WITH THE DISTRICT ATTORNEYS?

# 30 A:

YES. I TOLD THEM ABOUT THAT.

# 31 Q:

AND DID THEY ASK YOU WHEN THIS OCCURRED?

# 32 A:

YES, THEY DID.

# 33 Q:

AND DID YOU HAVE AN ANSWER FOR THEM?

# 34 A:

I HAD THOUGHT IT WAS LIKE IN THE -- I DIDN'T KNOW THE EXACT YEAR, BUT IT WAS LIKE IN THE MID '80'S AFTER I HAD REMEMBERED.

# 35 Q:

IS THAT WHAT YOU REMEMBER TELLING THEM?

# 36 A:

I THINK I TOLD THEM THAT AT FIRST THAT I DIDN'T REMEMBER WHEN IT WAS, THAT I WOULD CHECK.

# 37 Q:

DID YOU TELL THEM THAT YOU DIDN'T KNOW WHETHER IT WAS BEFORE OR AFTER O.J. HAD MARRIED YOUR SISTER?

# 38 A:

I TOLD THEM I DIDN'T REMEMBER, THAT I WOULD CHECK FOR THEM.

# 39 Q:

DO YOU REMEMBER TELLING THEM THAT IT WAS EITHER -- THAT YOU COULDN'T EVEN RECALL IF IT WAS BEFORE OR AFTER THE MARRIAGE?

# 40 A:

I DID TELL THEM THAT, THAT I WOULD CHECK.

# 41 Q:

AND THEN YOU CHECKED LATER?

# 42 A:

YES.

# 43 Q:

AND WHAT DID YOU CHECK TO FIND THAT OUT?

# 44 A:

PICTURES THAT I HAD WHEN I WAS DATING ED MC CABE.

# 45 Q:

ED MC CABE WAS YOUR BOYFRIEND AT THE TIME?

# 46 A:

YES, HE WAS.

# 47 Q:

AND WOULD YOU DESCRIBE HIM AS A SUBSTANTIAL INDIVIDUAL?

# 48 A:

YES.

# 49 Q:

HE'S A MAN WHO IS INVOLVED IN ADVERTISING?

# 50 A:

HE WAS AT THE TIME, YES.

# 51 Q:

AND HE STILL IS?

# 52 A:

I THINK NOW HE HAS HIS OWN COMPANY.

# 53 Q:

AND AT THAT TIME, HE WAS A WELL-RESPECTED MAN?

# 54 A:

YES, HE WAS.

# 55 Q:

AND YOU DATED HIM FOR ABOUT SEVEN MONTHS?

# 56 A:

I THOUGHT IT WAS LONGER, BUT --

# 57 Q:

HOW LONG DO YOU RECALL?

# 58 A:

I THOUGHT IT WAS OVER A YEAR.

# 59 Q:

AND HOW LONG INTO THE RELATIONSHIP WAS IT THAT THE EVENTS THAT TOOK PLACE IN ROCKINGHAM WERE DESCRIBED? HOW LONG HAD YOU BEEN SEEING HIM?

# 60 A:

I DON'T REALLY REMEMBER HOW LONG WE HAD BEEN GOING OUT.

# 61 Q:

AND PRIOR TO GOING BACK TO ROCKINGHAM, YOU SAID YOU HAD BEEN AT SOME TYPE OF RESTAURANT?

# 62 A:

RIGHT.

# 63 Q:

AND THERE WAS SOME DRINKING GOING ON?

# 64 A:

YES.

# 65 Q:

AND YOU HAVE TOLD US THAT YOU HAD SOME PROBLEMS WITH ALCOHOL IN THE PAST?

# 66 A:

YES.

# 67 Q:

AND DO YOU RECALL WHAT YOUR STATE OF SOBRIETY WAS THAT NIGHT?

# 68 A:

I HAD HAD A FEW DRINKS.

# 69 Q:

WHAT DO YOU REMEMBER AS A FEW DRINKS? DO YOU HAVE ANY SPECIFIC RECOLLECTION?

# 70 A:

OF HOW MANY DRINKS I HAD DRANK?

# 71 Q:

YES.

# 72 A:

NO. I DON'T RECALL.

# 73 Q:

DID YOU FEEL THE EFFECTS OF THE LIQUOR?

# 74 A:

SURE. WE WERE ALL HAPPY.

# 75 Q:

AND THEN YOU CAME BACK TO THE ROCKINGHAM HOUSE?

# 76 A:

YES.

# 77 Q:

AND YOU HAD MARGUERITAS THERE AT THE HOUSE; DID YOU NOT?

# 78 A:

WE HAD MORE DRINKS AT THE HOUSE.

# 79 Q:

AND WOULD YOU SAY THAT YOUR STATE OF SOBRIETY WAS AT LEAST IMPAIRED?

# 80 A:

SLIGHTLY.

# 81 Q:

AND THAT WOULD GO FOR -- THE SAME FOR EVERYBODY WHO WAS THERE?

# 82 A:

YES.

# 83 Q:

DO YOU HAVE ANY RECOLLECTION THAT O.J. DIDN'T LIKE PEOPLE SMOKING IN HIS HOUSE?

# 84 A:

OH, HE DIDN'T LIKE CIGARETTE SMOKE AT ALL.

# 85 Q:

AND YOUR BOYFRIEND ED MCCABE WAS A SMOKER, WAS HE NOT, AT THAT TIME?

# 86 A:

YES, HE WAS.

# 87 Q:

AND NICOLE WAS KIND OF A PART-TIME CLOSET SMOKER; WAS SHE NOT?

# 88 A:

I DON'T KNOW IF IT WAS AT THAT TIME, BUT YES.

# 89 Q:

AND DO YOU RECALL THERE BEING SOME WORDS SPOKEN BY O.J. TO ED MC CABE ABOUT SMOKING IN THE HOUSE AND GIVING CIGARETTES TO NICOLE?

# 90 A:

NO, I DON'T.

# 91 Q:

DO YOU RECALL ANY DISCUSSION ABOUT THAT AT ALL?

# 92 A:

ABOUT SMOKING?

# 93 Q:

YEAH.

# 94 A:

NO.

# 95 Q:

IF ED MC CABE'S RECOLLECTION ON THIS ISSUE WAS DIFFERENT THAN YOURS, WOULD YOU SAY THAT THAT MIGHT BE A FAIR RECOLLECTION?

# 96 MR. DARDEN:

OBJECTION. YOUR HONOR, OBJECTION, FORM OF THE QUESTION.

# 97 THE COURT:

SUSTAINED.

# 98 Q:

BY MR. SHAPIRO: WHEN WAS THE FIRST TIME THAT YOU HAD TO THINK BACK ABOUT THIS INCIDENT IN THE EARLY '80'S?

# 99 A:

THE FIRST TIME?

# 100 Q:

YEAH.

# 101 A:

ACTUALLY A GIRLFRIEND OF MINE REMINDED ME.

# 102 Q:

HOW LONG AGO WAS THAT? I'M JUST TRYING TO GET THE TIME SEQUENCE, NOT HOW YOU DID IT. BUT WHEN DID YOU FIRST REFRESH YOUR MEMORY ABOUT THIS INCIDENT?

# 103 A:

IT'S NEVER LEFT MY MIND.

KEY QUOTE

# 104 Q:

WHEN WERE YOU CALLED UPON TO RECALL THAT? HAVE YOU TALKED ABOUT THAT? IS THAT SOMETHING YOU'VE TALKED ABOUT OVER 10 YEARS WITH PEOPLE?

# 105 A:

THAT'S WHEN MY GIRLFRIEND, SHE SAID REMEMBER THAT, REMEMBER THIS, REMEMBER THAT.

# 106 Q:

WHEN WAS THIS? I JUST WANT TO KNOW THE TIME, ABOUT WHEN.

# 107 A:

WHEN I TOLD MY GIRLFRIEND ABOUT IT?

# 108 Q:

WHEN YOUR GIRLFRIEND TOLD YOU ABOUT IT, REMEMBER THIS, REMEMBER THIS, WHEN DID THAT COME UP?

# 109 A:

IT WAS AFTER THE MURDERS.

# 110 Q:

SO THAT'S SOME 12 OR 13 YEARS LATER; IS THAT CORRECT?

# 111 A:

THIS HAPPENED EARLY '80'S. YES.

# 112 Q:

HAVE YOU TALKED TO ANYONE WHO WAS AT THE ROCKINGHAM HOUSE ABOUT THAT INCIDENT SINCE THE TIME THAT YOU WERE THERE AT ROCKINGHAM?

# 113 A:

THERE WAS ONLY THE FOUR OF US THERE.

# 114 Q:

OKAY. HAVE YOU TALKED TO ED MC CABE ABOUT IT?

# 115 A:

I DID.

# 116 Q:

WHEN DID YOU TALK TO HIM ABOUT IT?

# 117 A:

I CALLED HIM -- GOSH, I'M REALLY BAD WITH TIME -- MAYBE A MONTH OR TWO AGO.

# 118 Q:

AND WAS HIS RECOLLECTION DIFFERENT THAN YOURS?

# 119 MR. DARDEN:

OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.

# 120 THE COURT:

SUSTAINED.

# 121 Q:

BY MR. SHAPIRO: YOU TOLD US YOU SPENT THE NIGHT AT THE BEVERLY HILLS HOTEL BECAUSE O.J. DIDN'T WANT ANY OF THE THREE OF YOU IN HIS HOUSE?

# 122 A:

RIGHT.

# 123 Q:

AND THAT THE NEXT DAY, THAT NICOLE CAME BACK TO ROCKINGHAM WITH ED MC CABE?

# 124 A:

SHE WENT BACK TO ROCKINGHAM.

# 125 Q:

DID SHE GO BACK WITH ED MC CABE?

# 126 A:

NOT THAT I RECALL, NO.

# 127 Q:

AND IF YOU RECALL THAT DIFFERENTLY, WOULD YOU HAVE ANY OPINION ABOUT THAT?

# 128 MR. DARDEN:

OBJECTION.

# 129 THE COURT:

IF YOU RECALL THAT DIFFERENTLY, WOULD YOU HAVE ANY OPINION ABOUT THAT? I THINK IT'S A VAGUE QUESTION.

# 130 Q:

BY MR. SHAPIRO: DO YOU RECALL NICOLE LEAVING THE BUNGALOW AT THE BEVERLY HILLS HOTEL WITH ED MC CABE?

# 131 A:

NO.

# 132 Q:

DO YOU RECALL HOW SHE LEFT THE BEVERLY HILLS HOTEL?

# 133 A:

SHE LEFT ON HER OWN.

# 134 Q:

DID SHE HAVE A CAR?

# 135 A:

YES.

# 136 Q:

IS THAT HOW YOU GOT TO THE BEVERLY HILLS HOTEL, IN HER CAR?

# 137 A:

YES.

# 138 Q:

AND THE PLACE YOU STAYED WAS WHAT THEY CALL A BUNGALOW AT THE BEVERLY HILLS HOTEL?

# 139 A:

RIGHT.

# 140 Q:

LIKE AN APARTMENT UNIT. IT'S NOT REALLY A HOTEL ROOM?

# 141 A:

RIGHT.

# 142 Q:

I WANT TO NOW DIRECT YOUR ATTENTION TO THE INCIDENT THAT YOU REFERRED TO AS THE RED ONION INCIDENT.

# 143 A:

OKAY.

# 144 Q:

AND AT THAT TIME, YOU WERE DATING A GENTLEMAN BY THE NAME OF DINO BUCCOLA; IS THAT CORRECT?

# 145 A:

YEAH. YES.

# 146 Q:

AND HE'S A PRETTY SPECIAL PERSON TO YOU, ISN'T HE?

# 147 A:

YES, HE IS.

# 148 Q:

HE'S A MAN THAT YOU DATED FOR ABOUT FOUR YEARS?

# 149 A:

YES.

# 150 Q:

AND THAT YOU STILL SEE HIM, ALTHOUGH NOT ROMANTICALLY?

# 151 A:

RIGHT.

# 152 Q:

AND WOULD IT BE FAIR TO SAY THAT ED BUCCOLA IS A SURROGATE FATHER TO YOUR YOUNG SON?

# 153 A:

WHO?

# 154 Q:

THAT DINO BUCCOLA IS A SURROGATE FATHER TO YOUR YOUNG SON?

# 155 A:

ACTUALLY, THEY'RE REALLY GOOD PALS.

# 156 Q:

HE REFERS TO HIM AS "MY LITTLE BUDDY"?

# 157 A:

YES.

# 158 Q:

BUT HE DOESN'T -- YOUR SON DOES NOT SEE HIS NATURAL FATHER, DOES HE?

# 159 A:

NO, HE DOES NOT.

# 160 Q:

AND THE PERSON THAT HE RELATES TO AS THE FATHER IMAGE IS IN FACT DINO?

# 161 A:

ACTUALLY, NO.

# 162 Q:

DOES DINO PICK HIM UP ON WEEKENDS AND TAKE HIM ON OUTINGS?

# 163 A:

HE COMES AND SEES HIM USUALLY ON SUNDAY WHEN HE'S IN TOWN.

# 164 MR. DARDEN:

YOUR HONOR, THIS LINE OF QUESTIONING IS IRRELEVANT.

# 165 THE COURT:

OVERRULED. I THINK IT ESTABLISHES A RELATIONSHIP WITH MR. BUCCOLA, BUT I ASSUME THERE'S NOT A WHOLE LOT MORE.

# 166 MR. SHAPIRO:

NO.

# 167 Q:

BY MR. SHAPIRO: AND FOR HOW LONG A PERIOD OF TIME HAS HE BEEN SEEING HIM ON SUNDAYS?

# 168 A:

IT'S NOT EVERY SUNDAY. IT'S WHENEVER DINO IS IN TOWN, HE SEES HIM. IT'S BEEN OVER -- GOSH, HE MET SHAUN WHEN HE WAS THREE MONTHS OLD, AND IT'S BEEN EVER SINCE.

# 169 Q:

HOW OLD IS SHAUN NOW?

# 170 A:

SHAUN'S EIGHT.

# 171 Q:

UP UNTIL RECENTLY, YOU'VE BEEN LIVING WITH YOUR PARENTS WITH SHAUN IN LAGUNA?

# 172 A:

I STILL LIVE WITH MY PARENTS.

# 173 Q:

YOU STILL LIVE WITH THEM?

# 174 A:

OH, YES.

# 175 Q:

THAT'S BEEN ALSO ALL THROUGH SHAUN'S LIFE?

# 176 A:

YES.

# 177 MR. DARDEN:

OBJECTION, YOUR HONOR. THIS IS IRRELEVANT.

# 178 THE COURT:

OVERRULED.

# 179 Q:

BY MR. SHAPIRO: DURING THE TIME THAT NICOLE WAS SEPARATED AND LATER DIVORCED FROM O.J., YOU TOLD US SHE HAD HER OWN PLACE ON GRETNA GREEN?

# 180 A:

SHE WAS LIVING IN GRETNA GREEN, YES.

# 181 Q:

AND THEN SHE HAD HER OWN PLACE ON BUNDY?

# 182 A:

YES, SHE DID.

# 183 Q:

DID YOU EVER LIVE WITH HER DURING THOSE PERIODS OF TIME?

# 184 A:

ON GRETNA GREEN OR BUNDY?

# 185 Q:

YES.

# 186 A:

NO, I DID NOT.

# 187 Q:

DID SHE EVER COME BACK HOME TO LIVE WITH THE FAMILY?

# 188 A:

TO LIVE? NO.

# 189 Q:

THE INCIDENT THAT YOU WERE TELLING US ABOUT AT THE RED ONION -- AND YOU TOLD US A LIST OF PEOPLE THAT WERE THERE AND I DON'T WANT TO GO OVER IT -- BUT IT WAS ABOUT FIVE OR SIX DIFFERENT PEOPLE?

# 190 A:

RIGHT.

# 191 Q:

AT THAT TIME, WERE YOU STILL DRINKING?

# 192 A:

OH, I WAS DRINKING AT THAT TIME, YES.

# 193 Q:

AND HOW WOULD YOU DESCRIBE YOUR CONSUMPTION OF ALCOHOL?

# 194 A:

I SAID I HAD A PROBLEM.

# 195 Q:

THAT COULD MEAN DIFFERENT THINGS TO DIFFERENT PEOPLE. AND I DON'T MEAN TO EMBARRASS YOU, BUT THIS PARTICULAR EVENING, COULD YOU TELL US HOW MUCH YOU HAD TO DRINK, IF YOU RECALL?

# 196 A:

OH, I DON'T RECALL HOW MANY DRINKS, NO.

# 197 Q:

CAN YOU GIVE US SOME TYPE OF APPROXIMATION AS TO WHAT YOUR DRINKING PATTERN WOULD BE LIKE?

# 198 A:

ON THAT NIGHT?

# 199 Q:

YES.

# 200 A:

WE WERE DOING SHOTS OF TEQUILA.

KEY QUOTE

# 201 Q:

HOW MANY SHOTS WOULD YOU IMAGINE THAT YOU WOULD DRINK? I KNOW IT WOULD BE IMPOSSIBLE TO REMEMBER PRECISELY.

# 202 A:

THAT NIGHT, I DON'T REMEMBER.

# 203 Q:

COULD YOU GIVE US ANY IDEA?

# 204 A:

I DON'T REMEMBER.

# 205 Q:

HOW ABOUT, DID YOU HAVE ANY MARGUERITAS THERE?

# 206 A:

YES, WE DID.

# 207 Q:

DO YOU REMEMBER HOW MANY MARGUERITAS YOU HAD?

# 208 A:

NO. IT WAS IN BETWEEN DANCING AND GOING, HAVING A DRINK.

# 209 Q:

IT WAS A PARTY ATMOSPHERE; WAS IT NOT?

# 210 A:

YES, IT WAS.

# 211 Q:

AND THE RED ONION WAS VERY CROWDED?

# 212 A:

YES, IT WAS.

# 213 Q:

A LOT OF NOISE?

# 214 A:

YES.

# 215 Q:

A LOT OF LOUD MUSIC?

# 216 A:

YES.

# 217 Q:

AND WOULD -- HOW WOULD YOU DESCRIBE YOUR STATE OF SOBRIETY WHEN YOU WERE AT THE RED ONION?

# 218 A:

HAPPY.

# 219 Q:

IN TERMS OF INTOXICATION, IF WE USE THE TERMS SOBER BEING ONE WHO HAD JUST CONSUMED A MINIMUM AMOUNT OF ALCOHOL BUT STILL WOULD BE ABLE TO DRIVE AND DRUNK AND INTOXICATED IN BETWEEN, WOULD YOU BE ABLE TO PUT YOURSELF ON THAT SCALE?

# 220 A:

WELL, I WOULD NOT HAVE DRIVEN HOME.

KEY QUOTE

# 221 Q:

AND ISN'T IT A FACT, MISS BROWN, THAT YOUR BOYFRIEND AT THE TIME, DINO, WAS THE DESIGNATED DRIVER FOR THE EVENING AND HE WAS THE ONLY ONE WHO DIDN'T HAVE ANYTHING TO DRINK?

# 222 A:

RIGHT.

# 223 Q:

AND YOU'VE TALKED TO HIM SINCE ABOUT THIS EVENT; HAVE YOU NOT?

# 224 A:

WE DISCUSSED IT VAGUELY.

# 225 Q:

AND HIS RECOLLECTION IS DIFFERENT THAN YOURS, ISN'T IT?

# 226 MR. DARDEN:

OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.

# 227 THE COURT:

SUSTAINED.

# 228 Q:

BY MR. SHAPIRO: YOU TOLD US THAT YOUR SISTER MET O.J. SIMPSON WHEN SHE WAS VERY YOUNG, I BELIEVE WAS 18 YEARS OF AGE?

# 229 A:

YES.

# 230 Q:

AND YOU ARE AWARE, ARE YOU NOT, THAT JUST PRIOR TO THAT, SHE WAS DATING ANOTHER GENTLEMAN WHO WAS IN FACT OLDER THAN O.J. SIMPSON?

# 231 MR. DARDEN:

OBJECTION. THIS IS IRRELEVANT.

# 232 THE COURT:

SUSTAINED.

# 233 Q:

BY MR. SHAPIRO: YOU DESCRIBED YOUR SISTER TO THE DISTRICT ATTORNEY AS BEING SMART, AS BEING INTELLIGENT AND AS BEING VERY BEAUTIFUL; IS THAT CORRECT?

# 234 A:

YES.

# 235 Q:

DID YOU ALSO DESCRIBE HER AS BEING INDEPENDENT?

# 236 A:

YES.

# 237 Q:

DID YOU DESCRIBE HER AS BEING STRONG?

# 238 A:

YES.

# 239 Q:

DID YOU DESCRIBE HER AS BEING TOUGH?

# 240 A:

I MAY HAVE SAID THOSE WORDS. I DON'T KNOW.

# 241 Q:

DID ALL THOSE THINGS APPLY?

# 242 A:

YES.

# 243 Q:

DID YOU DESCRIBE YOUR SISTER TO THE DISTRICT ATTORNEY AS HAVING A TEMPER AND A MOUTH ON HER?

# 244 A:

PROBABLY.

# 245 Q:

I TAKE IT THERE ARE TIMES THAT EVEN YOU AND YOUR SISTER HAD DISAGREEMENTS?

# 246 MR. DARDEN:

OBJECTION. IRRELEVANT.

# 247 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 248 DENISE BROWN:

NOT VERY OFTEN.

# 249 Q:

BY MR. SHAPIRO: DID IT EVER HAPPEN?

# 250 A:

ON OCCASION.

# 251 Q:

DID YOU EVER SAY THINGS TO HER THAT YOU LATER REGRETTED?

# 252 THE COURT:

COUNSEL, THIS IS A SISTER, SISTER RELATIONSHIP, SIBLINGS. DOESN'T TELL US MUCH.

# 253 MR. SHAPIRO:

HUSBAND, WIFE.

# 254 THE COURT:

THAT'S THE WHOLE CONTINUUM.

# 255 MR. SHAPIRO:

THANK YOU, YOUR HONOR. I JUST WAS TRYING TO BRING OUT THE VOLATILITY OF RELATIONSHIPS.

KEY QUOTE

# 256 MR. DARDEN:

OBJECTION, YOUR HONOR. IF COUNSEL WANTS TO TESTIFY, HE SHOULD TAKE THE WITNESS STAND.

# 257 THE COURT:

ALL RIGHT. LET'S MOVE ON.

# 258 MR. SHAPIRO:

THANK YOU.

# 259 Q:

BY MR. SHAPIRO: DID YOU FROM TIME TO TIME MEET FRIENDS OF O.J. SIMPSON AND END UP DATING THEM?

# 260 A:

WHO?

# 261 Q:

ANYONE, ANY OF HIS FRIENDS.

# 262 A:

I HAVE DATED --

# 263 MR. DARDEN:

IS THIS RELEVANT, WHO MISS BROWN DATED?

# 264 THE COURT:

LET ME SEE COUNSEL AT SIDEBAR.

Temperature

tense

Key Quotes (5)

Denise Brown

IT'S NEVER LEFT MY MIND.

Her defiant response when Shapiro pressed on why she only discussed the Rockingham incident with her girlfriend after the murders — 12-13 years after the fact. It undercuts his timeline attack but also highlights the memory gap he was exploiting.

Denise Brown

I WOULD NOT HAVE DRIVEN HOME.

Her way of describing her level of intoxication at the Red Onion — she won't admit 'drunk' but effectively concedes it. The evasiveness plays into Shapiro's impaired-witness argument.

Denise Brown

WE WERE DOING SHOTS OF TEQUILA.

Volunteered detail about the Red Onion night that reinforces Shapiro's picture of significant alcohol consumption during the incident she testified about.

Denise Brown

PROBABLY.

Her response to whether she described Nicole to the DA as having 'a temper and a mouth on her' — a significant concession Shapiro was building toward to humanize OJ's perspective on the relationship.

Robert Shapiro

THANK YOU, YOUR HONOR. I JUST WAS TRYING TO BRING OUT THE VOLATILITY OF RELATIONSHIPS.

Shapiro's stated strategy, spoken aloud to the court — immediately objected to by Darden as testifying, prompting Ito to say 'let's move on.' Rare moment of a lawyer telegraphing his entire cross-examination theory.

Evidence (1)

Informal

Photos from Denise Brown's relationship with Ed McCabe, used to place the Rockingham incident in time

Referenced as the method she used to refresh her memory of when the incident occurred

Notable Exchanges (4)

Robert Shapiro•Denise Brown

Shapiro establishes that Denise's memory of the Rockingham incident was only refreshed by a girlfriend after the murders — some 12-13 years after the event — and that she had been drinking that night. She pushes back ('It's never left my mind') but cannot deny the timeline.

strategic

Robert Shapiro•Denise Brown

Shapiro walks Denise through her alcohol consumption at the Red Onion — shots of tequila, margaritas, unable to recall how many — and she admits she would not have driven home. Her designated driver (Dino) was sober and had a different recollection, but Darden's hearsay objection blocked it.

strategic

Robert Shapiro•Lance A. Ito•Christopher Darden

Shapiro explains he is trying to establish 'the volatility of relationships' after Ito notes the sister/sister dynamic doesn't prove much about husband/wife. Darden objects that Shapiro is testifying; Ito says 'let's move on.'

revealing

Robert Shapiro•Denise Brown

Shapiro elicits that Nicole was smart, independent, strong, tough — and had 'a temper and a mouth on her.' Denise concedes all of this, likely more than the prosecution anticipated.

strategic

Light Moments (1)

Lance A. Ito

Ito corrects Shapiro's 'sister, sister relationship' framing by noting the continuum to 'husband, wife' — Shapiro thanks him and pivots.

Credibility Attacks (4)

⚔ Denise Brown

Impaired perception / alcohol at time of incident

Shapiro establishes she was drinking at both the Rockingham incident (margaritas after a dinner with drinks) and the Red Onion incident (tequila shots, margaritas, would not have driven). She could not quantify her consumption on either night.

⚔ Denise Brown

Memory unreliability / delayed recollection

Her memory of the Rockingham incident was first explicitly refreshed by a girlfriend after the murders — 12-13 years after the event. She reviewed photos to even determine the year.

⚔ Denise Brown

Implied contradiction by third-party witnesses

Shapiro asked whether both Ed McCabe and Dino Buccola had different recollections of the events she described. Hearsay objections were sustained both times, so the jury never heard the specifics — but the implication was planted.

⚔ Nicole Brown Simpson

Character evidence / volatility

Shapiro gets Denise to confirm Nicole had 'a temper and a mouth on her,' building a picture of a mutually volatile relationship rather than one-directional abuse.

Witness Demeanor

Guarded but cooperative — answers questions directly when she can, deflects when pressed on specifics she cannot recall

Slightly defensive when Shapiro probes her drinking ('I said I had a problem')

Matter-of-fact about personal circumstances (living with parents, son's absent father)

Objections

10 objections (5 sustained, 3 overruled)

Proceeding 4678 • 264 utterances • Prosecution witness

Criminal Trial

Department 103