Cross-examination of Denise Brown (part 2)

📄 Cross-examination of Denise Brown (part 2) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Sidebar: testimony scope Motion: video evidence admission ▶

Witness: Denise Brown
Examiner: Robert Shapiro
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 51

Shapiro continues cross-examining Denise Brown, probing details of two prior incidents: whether she had a romantic relationship with Reggie MacKenzie at the Red Onion, and the precise seating arrangement and sequence of events at Sidney's dance recital. He challenges her recollection about OJ's position relative to Nicole and whether she witnessed OJ give Sidney flowers. The session is brief and largely procedural.

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

# 2 MR. SHAPIRO:

MAY WE APPROACH AGAIN?

# 3 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

# 4 THE COURT:

MR. SHAPIRO.

# 5 MR. SHAPIRO:

I'M NOT QUITE THIS THIN.

KEY QUOTE

# 6 MR. DARDEN:

NOT QUITE THAT FUNNY EITHER, MR. SHAPIRO.

KEY QUOTE

# 7 THE COURT:

MR. DARDEN, THAT WAS UNCALLED FOR. MR. SHAPIRO.

# 8 MR. SHAPIRO:

YES.

# 9 Q:

BY MR. SHAPIRO: THE INCIDENT AT THE RED ONION, THERE WAS ANOTHER FRIEND OF MR. SIMPSON'S THERE, A FOOTBALL PLAYER BY THE NAME OF REGGIE MACKENZIE?

# 10 A:

YES, HE WAS.

# 11 Q:

IS HE A GENTLEMAN THAT YOU ALSO HAVE DATED AND BEEN ROMANTICALLY INVOLVED WITH?

# 12 A:

NO.

# 13 Q:

HAVE YOU DATED HIM?

# 14 A:

HAVE I DATED REGGIE?

# 15 Q:

YES.

# 16 A:

NO.

# 17 Q:

I WANT TO NOW DIRECT YOUR ATTENTION TO THE INCIDENT AT THE RECITAL.

# 18 A:

OKAY.

# 19 Q:

THE RECOLLECTION OF EVENTS THAT YOU HAVE IS THAT O.J. WAS ALWAYS BEHIND NICOLE?

# 20 A:

NO. HE WAS BEHIND ME.

# 21 Q:

AND NICOLE WAS WHERE IN RELATIONSHIP TO YOU AND HIM?

# 22 A:

SHE WAS ONE ROW BACK AND TO THE LEFT OF ME AND O.J. WAS ON THE OTHER CORNER TO THE RIGHT OF ME.

# 23 Q:

WAS HE BEHIND HER?

# 24 A:

I DON'T THINK SO, BECAUSE SHE WAS AT THE VERY LAST ROW.

# 25 Q:

WHEN YOU SAY HE WENT TO THE CORNER WITH A CHAIR, WAS HE BEHIND HER OR NOT?

# 26 A:

I DON'T THINK SO. I THINK THEY WERE PARALLEL.

KEY QUOTE

# 27 Q:

PARALLEL. AND YOUR ATTENTION WAS DIRECTED MORE TOWARDS WATCHING HE AND YOUR SISTER RATHER THAN WATCHING THE SHOW AND THE PERFORMANCES?

# 28 A:

NO. AT THIS TIME, I WAS CONCERNED ABOUT WHERE MY SON WAS.

# 29 Q:

HOW LONG INTO THE PERFORMANCE WAS THIS?

# 30 A:

WHEN THEY WENT OUTSIDE TO PLAY. I'M NOT REALLY SURE.

# 31 Q:

DO YOU HAVE ANY IDEA AS TO THE TIME FRAME?

# 32 A:

GOSH, I REALLY DON'T KNOW. IT WAS BEFORE SIDNEY CAME ON TO DO HER DANCE.

# 33 Q:

DO YOU REMEMBER O.J. LEAVING WITHOUT FLOWERS AND COMING BACK SOMETIME LATER WITH FLOWERS?

# 34 A:

NO, I DON'T.

# 35 Q:

DID YOU SEE HIM WALK IN WITH FLOWERS?

# 36 A:

NO, I DON'T.

# 37 Q:

IN FACT, YOU NEVER SAW HIM GIVE FLOWERS TO SIDNEY, DID YOU?

# 38 A:

NO, I DID NOT.

# 39 Q:

AND YOU'VE TOLD THE DISTRICT ATTORNEY THAT HE DIDN'T GIVE FLOWERS TO SIDNEY?

# 40 A:

I DIDN'T SEE IT. I DIDN'T SEE HIM GIVE HER FLOWERS.

# 41 Q:

HOW MUCH TIME ELAPSED FROM THE TIME THAT YOU WERE LEAVING THE PERFORMANCE TO THE TIME THAT YOU FINALLY SAID GOODBYE TO THE PEOPLE OUTSIDE?

# 42 A:

THE PEOPLE MEANING?

# 43 Q:

DID YOU SAY GOODBYE TO PEOPLE BEFORE YOU GOT IN YOUR CAR AND LEFT OUT IN FRONT?

# 44 A:

WE SAID GOODBYE TO O.J. AND RON FISCHMAN.

# 45 Q:

AND HOW MUCH TIME ELAPSED FROM THE TIME YOU LEFT THE THEATER OR THE AUDITORIUM TO THE TIME THAT YOU SAID GOODBYE TO O.J. AND RON?

# 46 A:

JUST A MINUTE OR TWO. COUPLE MINUTES.

# 47 Q:

WHAT WAS O.J.'S DEMEANOR WHEN YOU SAID GOODBYE TO HIM?

# 48 A:

QUIET.

# 49 MR. SHAPIRO:

MAY I JUST HAVE A MOMENT, PLEASE?

# 50 THE COURT:

CERTAINLY.

# 51 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

Temperature

procedural

Key Quotes (4)

Robert Shapiro

I'M NOT QUITE THIS THIN.

Offhand comment about a photograph or document, prompting Darden's snide retort and a mild rebuke from Ito — a rare light moment in an otherwise tense trial.

Christopher Darden

NOT QUITE THAT FUNNY EITHER, MR. SHAPIRO.

Rare prosecutorial jab at opposing counsel, immediately shut down by the judge.

Denise Brown (Witness)

I DON'T THINK SO. I THINK THEY WERE PARALLEL.

Denise refines her recollection of OJ and Nicole's positioning at the recital — Shapiro is chipping away at the precision of her memory.

Denise Brown (Witness)

QUIET.

Her one-word description of OJ's demeanor when she said goodbye to him at the recital — understated but potentially significant given the prosecution's narrative about his menacing behavior.

Notable Exchanges (2)

Robert Shapiro•Christopher Darden•Lance A. Ito

Shapiro makes a self-deprecating comment about a photo or exhibit; Darden fires back with a quip; Ito immediately rebukes Darden for being unprofessional.

light, then tense

Robert Shapiro•Denise Brown

Shapiro systematically tests Denise's account of the recital — OJ's seating position relative to Nicole, the flower incident, and the timeline — exposing uncertainty and gaps in her memory without fully breaking her story.

strategic

Light Moments (1)

Robert Shapiro / Christopher Darden

Shapiro quips 'I'm not quite this thin' about what appears to be a photo or document; Darden responds 'Not quite that funny either, Mr. Shapiro,' earning a rebuke from Judge Ito.

Credibility Attacks (2)

⚔ Denise Brown

prior relationship inquiry / bias

Shapiro asks whether Denise had dated Reggie MacKenzie, a football player present at the Red Onion incident — implying possible personal entanglements that could color her testimony.

⚔ Denise Brown

memory impeachment

Shapiro pins down inconsistencies in her recital account: she hedges on OJ's exact position ('I don't think so'), admits she didn't see OJ give Sidney flowers, and cannot estimate the time frame of events.

Objections

None recorded

Proceeding 4680 • 51 utterances • Prosecution witness

Criminal Trial

Department 103