Cross-examination of Denise Brown (part 3)

📄 Cross-examination of Denise Brown (part 3) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Motion: video evidence admission Redirect examination of Denise Brown (part 1) ▶

Witness: Denise Brown
Examiner: Robert Shapiro
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 101

Shapiro resumed cross-examination of Denise Brown by playing a videotape (Defense Exhibit 1002) of OJ Simpson saying goodbye to the Brown family at Sydney's school recital. Denise identified herself, her mother, and her father warmly interacting with OJ — kissing and shaking hands — on the day in question. A photograph of OJ and Sydney at the recital (Defense Exhibit 1003) was also shown and identified.

# 1

CROSS-EXAMINATION (RESUMED)

# 2

BY MR. SHAPIRO:

# 3 Q:

I WOULD LIKE TO SHOW YOU A VIDEOTAPE AND ASK IF YOU CAN IDENTIFY THE PEOPLE WHO ARE DEPICTED IN THE TAPE THAT ARE RELEVANT TO THIS CASE. WOULD YOU PLEASE DO THAT FOR US?

# 4 A:

SURE.

# 5 MR. SHAPIRO:

THANK YOU.

# 6 THE COURT:

MR. SHAPIRO, WHAT IS THE EVIDENCE NUMBER ON THIS TAPE?

# 7 MR. SHAPIRO:

I BELIEVE THIS IS GOING TO BE 1002, IF THE COURT PLEASES.

# 8 THE COURT:

ALL RIGHT.

# 9 MR. SHAPIRO:

THANK YOU.

# 10 (DEFT'S 1002 FOR ID = VIDEOTAPE OF RECITAL)

# 11 (AT 2:01 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

# 12 (AT 2:03 P.M. THE PLAYING OF THE VIDEOTAPE CONCLUDED.)

# 13 Q:

BY MR. SHAPIRO: DO YOU RECOGNIZE WHAT IS DEPICTED IN THAT BRIEF VIDEO?

# 14 A:

I SAW US SAYING GOOD-BYE TO O.J.

KEY QUOTE

# 15 Q:

AND WHERE WERE YOU SAYING GOOD-BYE TO O.J.

# 16 A:

AT THE PAUL REVERE HIGH SCHOOL OR MIDDLE SCHOOL.

# 17 Q:

WAS THIS DIRECTLY AFTER THE RECITAL THAT YOU HAVE JUST TESTIFIED TO?

# 18 A:

YES.

# 19 MR. SHAPIRO:

MAY WE JUST SHOW SOME PORTIONS OF IT, YOUR HONOR, AND STOP IT SO MISS BROWN MAY BE ABLE TO IDENTIFY FOR THE JURY THE PEOPLE WHO ARE IN THE VIDEO?

# 20 THE COURT:

YES.

# 21 MR. SHAPIRO:

THANK YOU. I APPRECIATE THAT, JUDGE.

# 22 (AT 2:04 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

# 23 MR. SHAPIRO:

MAY WE STOP IT RIGHT HERE, PLEASE. CAN YOU STOP THAT THERE?

# 24 Q:

CAN YOU IDENTIFY THIS PERSON?

# 25 A:

THIS IS RON FISCHMAN.

# 26 Q:

IS HE MARRIED TO SOMEBODY THAT YOU KNOW?

# 27 A:

CORA FISCHMAN.

# 28 MR. SHAPIRO:

THANK YOU. MAY WE CONTINUE, PLEASE.

# 29 (THE VIDEOTAPE RESUMES PLAYING.)

# 30 MR. SHAPIRO:

MAY WE STOP IT HERE.

# 31 Q:

NOW, THERE IS SOMEBODY WHO IS WEARING A -- LOOKS LIKE A BLUE SHIRT WITH DARK HAIR FACING A GENTLEMAN WHO IS O.J. SIMPSON. DO YOU KNOW WHO THAT PERSON IS?

# 32 A:

THAT IS ME.

# 33 Q:

AND WHAT WERE YOU JUST DOING AT THAT TIME?

# 34 A:

I GAVE HIM A KISS GOOD-BYE.

# 35 Q:

AND RIGHT TO YOUR RIGHT IS A GENTLEMAN. WHO IS THAT?

# 36 A:

THAT IS MY FATHER.

# 37 Q:

AND RIGHT TO YOUR LEFT IS ANOTHER PERSON.

# 38 A:

THAT IS MY MOTHER.

# 39 MR. SHAPIRO:

THANK YOU. MAY WE CONTINUE, PLEASE.

# 40 (THE VIDEOTAPE RESUMES PLAYING. )

# 41 MR. SHAPIRO:

MAY WE STOP IT RIGHT THERE.

# 42 Q:

WHAT WAS YOUR MOTHER DOING THERE?

# 43 A:

I JUST SAW THE CAR GO IN FRONT OF IT.

# 44 MR. SHAPIRO:

OKAY. LET'S SEE IF WE CAN BACK IT UP AND SHOW IT AGAIN, PLEASE.

# 45 (THE VIDEOTAPE RESUMES PLAYING.)

# 46 MR. SHAPIRO:

STOP RIGHT THERE.

# 47 Q:

THE PERSON WHO WAS JUST KISSING O.J. IS WHOM?

# 48 A:

MY MOTHER.

# 49 MR. SHAPIRO:

MAY WE CONTINUE, PLEASE.

# 50 (THE VIDEOTAPE RESUMES PLAYING.)

# 51 Q:

BY MR. SHAPIRO: AND THE PERSON NOW SHAKING HANDS WITH O.J. IS WHOM?

# 52 A:

UMM, I DON'T SEE ANYBODY SHAKING HANDS.

# 53 MR. SHAPIRO:

LET'S SEE IF WE CAN PLAY THAT BACK AGAIN, PLEASE, FOR YOU.

# 54 (THE VIDEOTAPE RESUMES PLAYING.)

# 55 Q:

BY MR. SHAPIRO: RIGHT THERE?

# 56 A:

MY DAD.

# 57 MR. SHAPIRO:

THANK YOU.

# 58 Q:

THERE IS A VEHICLE IN FRONT. WHOSE VEHICLE IS THAT? CAN YOU TELL?

# 59 A:

I'M NOT SURE IF THAT IS DOMINIQUE'S OR NICOLE'S JEEP.

# 60 Q:

THEY BOTH HAVE IDENTICAL JEEPS?

# 61 A:

YES.

# 62 Q:

OR SIMILAR JEEPS?

# 63 A:

YEAH.

# 64 MR. SHAPIRO:

MAY WE CONTINUE, PLEASE.

# 65 Q:

THE GENTLEMAN RIGHT HERE IS WHOM?

# 66 A:

THAT IS RON FISCHMAN.

# 67 Q:

OKAY. AND THE LITTLE BOY WHO IS GETTING A KISS AND HUG?

# 68 A:

THAT WAS JUSTIN.

# 69 Q:

THAT IS JUSTIN?

# 70 A:

YES.

# 71 MR. SHAPIRO:

OKAY. MAY WE CONTINUE, PLEASE.

# 72 (THE VIDEOTAPE RESUMES PLAYING.)

# 73 Q:

BY MR. SHAPIRO: THAT IS YOUR FATHER?

# 74 A:

YES.

# 75 Q:

WHO DID YOUR FATHER GET IN THE CAR WITH THAT DAY?

# 76 A:

UMM, I THINK IT WAS NICOLE.

# 77 (AT 2:05 P.M. THE VIDEOTAPE CONCLUDES PLAYING.)

# 78 MR. SHAPIRO:

I WOULD LIKE TO SHOW THE WITNESS A PHOTOGRAPH THAT WE WOULD LIKE TO HAVE MARKED AS OUR NEXT EXHIBIT, 1003. MAY WE PUT THIS UP ON THE SCREEN, YOUR HONOR?

# 79 THE COURT:

HAVE YOU SHOWN THAT TO THE PEOPLE? ALL RIGHT.

# 80 (DEFT'S 1003 FOR ID = PHOTO OF DEFT AND SYDNEY)

# 81 Q:

BY MR. SHAPIRO: IN THIS PICTURE, WOULD YOU IDENTIFY THE PLEASE PEOPLE, PLEASE?

# 82 A:

THAT IS O.J. AND SYDNEY.

# 83 Q:

AND IS THIS THE WAY THEY WERE DRESSED AT THE SCHOOL?

# 84 A:

SYDNEY'S COSTUME LOOKED DIFFERENT.

# 85 Q:

SO YOU WOULD SAY THIS PHOTOGRAPH IN YOUR OPINION WAS NOT TAKEN AFTER THE RECITAL?

# 86 A:

WELL, THE TOP PART IS SYDNEY'S COSTUME, BUT THE BOTTOM DOESN'T PORTRAY THE BOTTOM OF HER COSTUME HERE.

# 87 Q:

SO YOU WOULD SAY THAT --

# 88 A:

OH, THERE IT DOES. NOW IT DOES. HE JUST CHANGED IT.

KEY QUOTE

# 89 Q:

OKAY. WOULD YOU SAY THIS IS THE WAY THAT SYDNEY LOOKED AFTER THE RECITAL?

# 90 A:

WITH HER COSTUME ON, YES.

# 91 Q:

I'M SORRY?

# 92 A:

WITH HER COSTUME ON, YES.

# 93 Q:

IS THAT THE WAY O.J. LOOKED AFTER THE RECITAL?

# 94 A:

I WASN'T THERE WHEN THE PICTURE WAS TAKEN.

# 95 Q:

I SAID IS THAT THE WAY O.J. LOOKED AFTER THE RECITAL?

# 96 MR. DARDEN:

THE QUESTION IS VAGUE, YOUR HONOR.

# 97 THE COURT:

OVERRULED.

# 98 DENISE BROWN:

I GUESS.

# 99 MR. SHAPIRO:

NOTHING FURTHER. THANK YOU.

# 100 MR. DARDEN:

CAN WE LEAVE THE PICTURE UP FOR A MOMENT, YOUR HONOR?

# 101 THE COURT:

CERTAINLY.

Temperature

procedural

Key Quotes (3)

Denise Brown

I SAW US SAYING GOOD-BYE TO O.J.

Denise's own words describing the tape — the defense wanted her to narrate warm, normal family farewell behavior with Simpson.

Denise Brown

MY MOTHER.

Denise confirms on the tape that her mother kissed OJ goodbye — undercutting any narrative of uniform family hostility toward Simpson.

Denise Brown

OH, THERE IT DOES. NOW IT DOES. HE JUST CHANGED IT.

Denise initially questioned whether the photo matched Sydney's recital costume, then corrected herself — a small credibility wobble the defense may have wanted on the record.

Evidence (2)

Defense 1002

Videotape of the school recital and farewell scene at Paul Revere High/Middle School

played in segments, witness identified individuals

Defense 1003

Photograph of OJ Simpson and Sydney at the recital

introduced, witness identified subjects and commented on Sydney's costume

Notable Exchanges (2)

Robert Shapiro•Denise Brown

Shapiro methodically paused the videotape to have Denise identify Ron Fischman, herself, her mother kissing OJ, her father shaking hands with OJ, and Justin receiving a hug — building a picture of a warm, normal family goodbye.

strategic

Denise Brown•Robert Shapiro

Denise initially said the bottom of Sydney's costume 'doesn't portray the bottom of her costume' in the photo, then immediately reversed herself when the image was adjusted, saying 'Oh, there it does. Now it does. He just changed it.'

revealing

Credibility Attacks (1)

⚔ Denise Brown

prior conduct/demeanor evidence

By having Denise narrate her own mother kissing OJ and her father shaking his hand warmly at the recital, Shapiro implicitly undercut any portrayal of OJ as universally feared or hated by the Brown family.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4682 • 101 utterances • Prosecution witness

Criminal Trial

Department 103