Direct examination of Candace Garvey

📄 Direct examination of Candace Garvey — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Sidebar: witness scope Cross-examination of Candace Garvey ▶

Witness: Candace Garvey
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 138

Candace Garvey, wife of former Dodger Steve Garvey and friend of Nicole Brown, testified about OJ Simpson's demeanor at Sydney's dance recital on the evening of June 12, 1994 — hours before the murders. She described him as strikingly unlike his usual charismatic self: vacant, unresponsive, 'simmering,' with his jaw set, looking through her rather than at her, and staring across the auditorium toward Nicole's side rather than watching the stage. She spoke with him three times that evening and his demeanor was the same each time.

# 1 THE COURT:

ALL RIGHT. MISS GARVEY, WOULD YOU COME FORWARD, PLEASE.

CANDACE GARVEY, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 THE CLERK:

PLEASE RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

# 3 CANDACE GARVEY:

I DO.

# 4 THE CLERK:

PLEASE BE SEATED ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 5 CANDACE GARVEY:

CANDACE, C-A-N-D-A-C-E, GARVEY, G-A-R-V-E-Y.

# 6 THE CLERK:

THANK YOU.

# 7 THE COURT:

MR. DARDEN.

# 8 MR. DARDEN:

THANK YOU.

# 9

DIRECT EXAMINATION

# 10

BY MR. DARDEN:

# 11 Q:

GOOD AFTERNOON, MISS GARVEY. ARE YOU MARRIED TO STEVE GARVEY, THE FORMER L.A. DODGER?

# 12 A:

I AM.

# 13 Q:

WERE YOU ALSO A FRIEND OF NICOLE BROWN?

# 14 A:

I WAS.

# 15 Q:

DID YOU ATTEND HER DAUGHTER SYDNEY'S RECITAL ON JUNE 12, 1994?

# 16 A:

YES.

# 17 Q:

AND DID YOU SEE THE DEFENDANT HERE AT THE RECITAL?

# 18 A:

I DID.

# 19 Q:

DID YOU ARRIVE AT THE RECITAL WITH NICOLE BROWN?

# 20 A:

NO, I DID NOT.

# 21 Q:

OKAY. YOU HAVE CHILDREN YOURSELF; IS THAT CORRECT?

# 22 A:

YES, I DO.

# 23 Q:

WERE ANY OF YOUR CHILDREN PARTICIPATING IN THE RECITAL?

# 24 A:

YES.

# 25 Q:

WHEN YOU SAW THE DEFENDANT INSIDE THE RECITAL AUDITORIUM DID YOU NOTICE ANYTHING UNUSUAL ABOUT HIM?

# 26 A:

UMM, I DID.

# 27 Q:

WHAT WAS THAT?

# 28 A:

WELL, MY HUSBAND AND I WALKED IN AND --

# 29 MR. COCHRAN:

NONRESPONSIVE, YOUR HONOR. OBJECTION.

# 30 THE COURT:

ALL RIGHT. SUSTAINED. MISS GARVEY -- MRS. GARVEY, IF YOU WOULD, LISTEN VERY CAREFULLY TO THE QUESTION THAT THE ATTORNEYS ASK OF YOU. PLEASE ANSWER PRECISELY THE QUESTION THAT THEY ASK.

# 31 CANDACE GARVEY:

OKAY.

# 32 THE COURT:

ALL RIGHT. DON'T VOLUNTEER ANYTHING. THE ATTORNEYS WILL ASK YOU IF IT IS IMPORTANT. MR. DARDEN.

# 33 Q:

BY MR. DARDEN: MRS. GARVEY, WHEN YOU WALKED INTO THE RECITAL AUDITORIUM, DID YOU SEE THE DEFENDANT?

# 34 A:

I DID.

# 35 Q:

OKAY. DID YOU NOTICE ANYTHING UNUSUAL ABOUT HIM AT THAT TIME?

# 36 A:

UMM, YES, I DID.

# 37 Q:

WHAT WAS THAT?

# 38 A:

IT WAS JUST -- HE WAS NOT THE SAME AS I HAD EVER SEEN HIM BEFORE.

# 39 Q:

YOU HAD SEEN HIM ON MANY PRIOR OCCASIONS; IS THAT CORRECT?

# 40 A:

THAT'S CORRECT.

# 41 Q:

AND HOW WAS HE DIFFERENT? HOW IS IT THAT HE WAS NOT THE SAME THAT EVENING?

# 42 A:

WELL, IN THE NORMAL SITUATION HE IS VERY CHARISMATIC AND GRACIOUS, AND YOU KNOW, VERY KIND AND A HAPPY PERSON, AND THIS TIME I IMMEDIATELY NOTICED THAT IT WAS A VAST DEPARTURE FROM THE NORM OF HOW I HAVE EVER SEEN HIM BEFORE. HE JUST SEEMED A LITTLE VACANT, NONRESPONSIVE.

# 43 Q:

YOU SAID THINGS TO HIM AND HE DIDN'T RESPOND?

# 44 A:

THAT'S CORRECT.

# 45 Q:

WHAT KIND OF THINGS DID YOU SAY TO THE DEFENDANT?

# 46 A:

I -- UMM, I SAID, "HELLO, HI, HOW ARE YOU?" AND HE STARED AT MY HUSBAND AND I, AND REALLY NOTHING IN RESPONSE, AND SO I SAID, "WELL, I HAD THE BABY," AND HE JUST STARED AT ME AND SAID, "YEAH, NICK TOLD ME." AND MY HUSBAND WALKED AWAY AT THAT TIME AND I ALMOST COULDN'T EVEN MOVE. I MEAN, I KNEW SOMETHING, YOU KNOW, WAS WRONG AND I FELT VERY UNCOMFORTABLE AND I JUST --

# 47 Q:

HAVE YOU EVER SEEN THE DEFENDANT ANGRY?

# 48 A:

UMM, I SAW HIM UPSET ONCE BEFORE.

# 49 Q:

OKAY. AND THE TIME THAT YOU SAW HIM UPSET BEFORE, HOW DID HIS DEMEANOR ON JUNE 12 COMPARE TO THAT PRIOR OCCASION?

# 50 A:

WELL, THE ONE TIME I HAD SEEN HIM HE WAS --

# 51 MR. COCHRAN:

OBJECTION TO THE FORM OF THIS QUESTION, YOUR HONOR. ARGUMENTATIVE AND ALSO IRRELEVANT AND IMMATERIAL WITHOUT A FURTHER FOUNDATION.

# 52 THE COURT:

OVERRULED, ALTHOUGH WE COULD GET SOME FOUNDATION AS TO WHERE AND WHEN THE PRIOR OCCASION WAS, HOW LONG AGO.

# 53 Q:

BY MR. DARDEN: DID YOU ATTEND A CHRISTMAS PARTY IN 1993?

# 54 A:

I DID.

# 55 Q:

WHO THREW THAT CHRISTMAS PARTY?

# 56 MR. COCHRAN:

YOUR HONOR, MAY WE APPROACH?

# 57 THE COURT:

I THINK WE HAVE THE SAME -- SAME OTHER PROBLEM. WHY DON'T YOU MOVE ON TO THE DATE OF THE RECITAL.

# 58 MR. DARDEN:

OKAY.

# 59 Q:

BUT YOU HAVE SEEN THE DEFENDANT ANGRY ON PRIOR OCCASIONS?

# 60 A:

I DID.

# 61 Q:

OKAY. SO HIS DEMEANOR ON JUNE 12, HOW DID THAT COMPARE TO HIS DEMEANOR ON THAT OTHER OCCASION WHEN YOU SAW HIM ANGRY?

# 62 A:

WELL, THE OTHER OCCASION HE WAS VOCALLY ANGRY AND VISIBLY, VOCALLY, YOU KNOW, ANGRY. THIS TIME IT WAS -- HE WAS -- IT WAS ALMOST LIKE HE WAS SIMMERING. I MEAN, HE JUST -- IT WAS -- IT IS HARD TO DESCRIBE. HE JUST -- WHEN HE STARED AT ME, I FELT LIKE HE WAS LOOKING RIGHT THROUGH ME AND IT SCARED ME A LITTLE BIT.

# 63 Q:

DID YOU ASK HIM WHAT WAS WRONG?

# 64 A:

I DID NOT.

# 65 Q:

DID YOU SUGGEST TO HIM THAT HE TAKE ANY PARTICULAR COURSE OF ACTION?

# 66 A:

I DID NOT, NOT AT THAT TIME.

# 67 MR. DARDEN:

MAY I HAVE ONE MOMENT?

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

# 69 Q:

BY MR. DARDEN: DID YOU SIT WITH NICOLE?

# 70 A:

I DID NOT.

# 71 Q:

DID YOU SIT IN THE SAME ROW THAT SHE SAT IN?

# 72 A:

NO.

# 73 Q:

DID YOU SEE WHERE THE DEFENDANT SAT DURING THE RECITAL?

# 74 A:

YES.

# 75 Q:

WHERE DID HE SIT?

# 76 A:

HE WAS IN THE VERY LAST ROW ON THE RIGHT-HAND SIDE OF THE AUDITORIUM.

# 77 Q:

WAS HE SEATED NEXT TO SOMEONE ELSE?

# 78 A:

YES, I BELIEVE SO.

# 79 Q:

OKAY. AND WHERE WAS NICOLE SEATED AT THAT TIME?

# 80 A:

UMM, I SAW HER ONCE AT THE -- WHEN I CAME BACK. I LEFT THE RECITAL AT ONE POINT AND CAME BACK AND I SAW HER AT THE BACK OF THE AUDITORIUM ON THE -- WELL, I CAME IN A DIFFERENT WAY THAN I CAME IN THE FIRST TIME, SO IF HE WAS FACING DOWN -- LOOKING DOWN TO STAGE, HE WAS ON THE RIGHT AND SHE WAS ON THE LEFT.

# 81 Q:

OKAY. DID YOU EVER SEE THE DEFENDANT SITTING IN A CORNER, IN A CORNER OF THE AUDITORIUM?

# 82 A:

THAT IS WHERE I SAW HIM. HE WAS IN THE BACK CORNER OF THE AUDITORIUM.

# 83 Q:

AND DID YOU WATCH HIM AT ALL?

# 84 A:

I SAW HIM AS I WAS LEAVING THE FIRST TIME. I LEFT IN THE MIDDLE OF THE RECITAL BECAUSE MY DAUGHTER, AS IT TURNS OUT, HER DANCE WAS EITHER THE LAST OR THE SECOND TO LAST DANCE, AND SO I NEEDED TO GO HOME AND COME BACK, AND I SAW HIM AS I WAS LEAVING.

# 85 Q:

AND ON THAT OCCASION WHEN YOU SAW HIM SEATED, SAW THE DEFENDANT SEATED IN THE CORNER OF THE AUDITORIUM, DID HE STILL APPEAR ANGRY?

# 86 MR. COCHRAN:

JUST A MOMENT. THAT ASSUMES A FACT NOT IN EVIDENCE. SHE NEVER SAID HE WAS ANGRY, YOUR HONOR. SHE SAID HE WAS VACANT.

# 87 THE COURT:

SUSTAINED.

# 88 Q:

BY MR. DARDEN: DID HE APPEAR ANGRY?

# 89 A:

YES.

# 90 MR. COCHRAN:

LEADING AND SUGGESTIVE.

# 91 THE COURT:

OVERRULED.

# 92 Q:

BY MR. DARDEN: DID YOU NOTICE WHETHER OR NOT THE DEFENDANT WAS PAYING ATTENTION TO THE EVENTS GOING ON ON THE STAGE?

# 93 MR. COCHRAN:

THAT CALLS FOR SPECULATION. I DON'T BELIEVE SHE WAS WATCHING THE RECITAL HERSELF. CALLS FOR SPECULATION.

# 94 THE COURT:

OVERRULED.

# 95 CANDACE GARVEY:

NO. WELL, COULD YOU ASK -- COULD YOU PLEASE SAY THAT AGAIN.

# 96 MR. DARDEN:

OKAY.

# 97 Q:

WAS THE DEFENDANT PAYING ATTENTION TO WHAT WAS GOING ON ON STAGE OR WAS HE LOOKING ELSEWHERE?

# 98 A:

WHEN I WAS LEAVING THE FIRST TIME HE WAS, UMM, SITTING, AND I DON'T THINK HE WAS WATCHING -- I DON'T KNOW IF HE WAS WATCHING OR NOT. HE WAS LOOKING OVER TO THE OTHER SIDE OF THE AUDITORIUM.

# 99 Q:

TO HIS LEFT?

# 100 A:

WHEN I FIRST -- YES, BECAUSE I CAME UP AND SPOKE TO HIM.

# 101 Q:

OKAY. SO THAT WE UNDERSTAND CLEARLY, THE DEFENDANT WAS SEATED ON THE RIGHT HAND OF THE AUDITORIUM; IS THAT CORRECT?

# 102 A:

YES.

# 103 Q:

RIGHT-HAND SIDE?

# 104 A:

RIGHT.

# 105 Q:

NICOLE WAS SEATED TO THE DEFENDANT'S LEFT?

# 106 A:

YES.

# 107 Q:

OKAY. AND WHERE WAS THE STAGE?

# 108 A:

IN FRONT. I'M LOOKING FROM THE BACK OF THE AUDITORIUM DOWN TO THE STAGE. THAT IS MY VIEW. DOES THAT MAKE SENSE?

# 109 Q:

OKAY. SO THE STAGE WAS IN FRONT OF THE DEFENDANT?

# 110 A:

THAT'S CORRECT.

# 111 Q:

BUT HE WASN'T LOOKING TOWARD THE STAGE WHEN YOU LOOKED AT HIM?

# 112 A:

UMM, WHEN I WALKED -- WHEN I WAS WALKING UP TOWARDS HIM TO LEAVE, I MEAN -- I DON'T -- I DON'T KNOW WHO HE WAS LOOKING AT, BUT HE WAS NOT LOOKING DOWN TOWARD THE STAGE BECAUSE I -- HE DIDN'T -- I DON'T KNOW. I DON'T THINK HE SAW ME COMING BECAUSE I WALKED RIGHT UP TO HIM AND HE WAS NOT LOOKING IN MY DIRECTION.

# 113 Q:

OKAY. DID YOU NOTICE ANYTHING UNUSUAL ABOUT THE DEFENDANT'S FACIAL FEATURES WHILE HE WAS AT THE RECITAL?

# 114 A:

UMM, JUST HIS JAW WAS SET. WAS JUST NOT THE SAME PERSON I'M USED TO SEEING.

KEY QUOTE

# 115

MR. DARDEN: I AM ALMOST DONE, YOUR HONOR. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 116 Q:

BY MR. DARDEN: HOW MANY TIMES DID YOU ACTUALLY HAVE CONTACT WITH THE DEFENDANT?

# 117 A:

THREE TIMES.

# 118 Q:

OKAY. AND WHERE WERE YOU THE FIRST TIME?

# 119 A:

UMM, RIGHT OUT -- RIGHT IN THE -- WHEN YOU WALK THROUGH -- WHEN YOU COME INTO THE AUDITORIUM, BUT NOT INTO THE ACTUAL AUDITORIUM, THE LITTLE ROOM IN FRONT OF THE AUDITORIUM, I SAW HIM THERE. I SPOKE TO HIM THEN AND THEN WHEN I WAS LEAVING THE FIRST TIME I SPOKE TO O.J. THEN, AND THEN I SPOKE TO HIM AS -- WHEN THE RECITAL WAS OVER.

# 120 Q:

OKAY. OKAY. WAS HIS DEMEANOR ANY DIFFERENT EACH OF THOSE THREE TIMES THAT YOU SPOKE TO HIM?

# 121 A:

NO. I -- THE LAST TIME I SPOKE TO HIM --

# 122 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR. THE ANSWER IS NO.

# 123 THE COURT:

CORRECT. THAT WILL STAND. NEXT QUESTION.

# 124 Q:

BY MR. DARDEN: WAS HIS DEMEANOR ANY DIFFERENT THAN THIRD TIME THAT YOU SPOKE TO HIM, AS OPPOSED TO THE FIRST TWO TIMES?

# 125 MR. COCHRAN:

ASKED AND ANSWERED.

# 126 CANDACE GARVEY:

NO.

# 127 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 128 CANDACE GARVEY:

PARDON ME?

# 129 THE COURT:

THE ANSWER WAS NO TO THAT QUESTION?

# 130 CANDACE GARVEY:

YES, I SAID NO.

# 131 THE COURT:

THANK YOU.

# 132 Q:

BY MR. DARDEN: DID YOU HAVE A CONVERSATION WITH THE DEFENDANT THE THIRD TIME THAT YOU SPOKE TO HIM?

# 133 A:

YES, I DID.

# 134 Q:

AND WHAT WAS THAT CONVERSATION?

# 135 A:

I WAS TALKING ABOUT HOW GREAT THE GIRLS WERE AND WHAT A GREAT JOB SYDNEY DID AND TAYLOR, MY DAUGHTER, AND I THINK I MENTIONED THAT MY HUSBAND HAD BEEN TAKING VIDEOS OF THE GIRLS AND THAT WE HAD TAKEN CLOSE-UPS OF SYDNEY AND WEREN'T THEY GREAT AND DARLING AND HE JUST LOOKED AT ME AND SAID, "UH-HUH."

KEY QUOTE

# 136 Q:

AND THAT WAS IT?

# 137 A:

THAT WAS IT. I MEAN, NOTHING ELSE.

# 138 MR. DARDEN:

THANK YOU. NOTHING FURTHER.

Temperature

tense

Key Quotes (4)

Candace Garvey

IT WAS ALMOST LIKE HE WAS SIMMERING. I MEAN, HE JUST -- IT WAS -- IT IS HARD TO DESCRIBE. HE JUST -- WHEN HE STARED AT ME, I FELT LIKE HE WAS LOOKING RIGHT THROUGH ME AND IT SCARED ME A LITTLE BIT.

Core testimony establishing OJ's threatening, dissociated affect on the night of the murders — Darden's primary goal for this witness.

Candace Garvey

I SAID, 'WELL, I HAD THE BABY,' AND HE JUST STARED AT ME AND SAID, 'YEAH, NICK TOLD ME.'

Illustrates the flat, disengaged response even to good news from a friend — underscoring how abnormal his behavior was.

Candace Garvey

HIS JAW WAS SET. WAS JUST NOT THE SAME PERSON I'M USED TO SEEING.

Physical description of suppressed anger — 'jaw set' evokes controlled, internal rage rather than an outburst.

Candace Garvey

I WAS TALKING ABOUT HOW GREAT THE GIRLS WERE AND WHAT A GREAT JOB SYDNEY DID... AND HE JUST LOOKED AT ME AND SAID, 'UH-HUH.'

Final interaction of the evening — even enthusiasm about his own daughter's performance drew nothing. Closes the testimony on a damning note.

Evidence (1)

Informal

Video footage Steve Garvey took of the girls (including Sydney) at the recital

mentioned in conversation — not introduced as exhibit

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden

Cochran objected when Darden asked whether OJ 'still appeared angry,' pointing out the witness had never used the word angry — she said 'vacant.' Judge sustained. Darden then asked directly 'did he appear angry?' and got a yes.

strategic — Cochran successfully policed Darden's characterization, but the underlying answer came in anyway

Lance A. Ito•Candace Garvey

After the first nonresponsive objection was sustained, Ito directly instructed the witness not to volunteer information and to answer precisely what is asked.

procedural

Witness Demeanor

No explicit stage directions in transcript

Witness paused and asked for a question to be repeated: 'COULD YOU PLEASE SAY THAT AGAIN'

Several 'UMM' hedges suggest careful, genuine recollection rather than rehearsed testimony

Objections

8 objections (3 sustained, 4 overruled)

Proceeding 4709 • 138 utterances • Prosecution witness

Criminal Trial

Department 103