Direct examination of Cynthia Shahian (part 2)

📄 Direct examination of Cynthia Shahian (part 2) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Sidebar: hearsay objection Sidebar: Evidence Code 1240 ▶

Witness: Cynthia Shahian
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 32

Darden attempts to elicit testimony from Cynthia Shahian about Nicole Brown's emotional reaction to a letter she retrieved, but is repeatedly stymied by Cochran's hearsay objections. The substance of what Nicole said never comes in — the jury learns only that Nicole's demeanor changed when she got the letter and that she was upset — before Darden requests a sidebar to fight for admissibility.

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

# 2 Q:

BY MR. DARDEN: MISS SHAHIAN, WHAT WAS NICOLE BROWN'S DEMEANOR WHEN YOU FIRST SAW HER THAT MORNING?

# 3 MR. COCHRAN:

OBJECTION, YOUR HONOR. THAT'S BEEN ASKED AND ANSWERED.

# 4 THE COURT:

OVERRULED.

# 5 Q:

BY MR. DARDEN: WHAT WAS NICOLE BROWN'S DEMEANOR THE FIRST TIME YOU SAW HER THAT MORNING?

# 6 A:

WHEN SHE SPOKE OF THE LETTER?

# 7 THE COURT:

NO. WHEN YOU FIRST SAW HER.

# 8 CYNTHIA SHAHIAN:

NORMAL, WHICH IS, YOU KNOW, ALWAYS GREETS NICELY AND PLEASED TO SEE.

KEY QUOTE

# 9 Q:

BY MR. DARDEN: BUT AT SOME POINT, HER DEMEANOR CHANGED; IS THAT CORRECT?

# 10 A:

WHEN WE --

# 11 MR. COCHRAN:

SHE CAN ANSWER THAT YES OR NO, YOUR HONOR.

# 12 CYNTHIA SHAHIAN:

YES.

# 13 MR. DARDEN:

WHO'S THE JUDGE HERE?

KEY QUOTE

# 14 THE COURT:

I AM. NEXT QUESTION.

KEY QUOTE

# 15 Q:

BY MR. DARDEN: AND THIS CHANGE IN NICOLE BROWN'S DEMEANOR, DID THAT HAPPEN SIMULTANEOUS WITH HER RETRIEVING THAT LETTER?

# 16 A:

YES, IT DID.

# 17 Q:

AND DID SHE SAY SOMETHING TO YOU AT THAT TIME?

# 18 MR. COCHRAN:

YOUR HONOR, OBJECTED TO, YOUR HONOR.

# 19 THE COURT:

SUSTAINED.

# 20 Q:

BY MR. DARDEN: DID SHE SAY SOMETHING TO YOU AT THAT TIME?

# 21 MR. COCHRAN:

YOUR HONOR, OBJECTED TO.

# 22 THE COURT:

YOU CAN ANSWER THAT YES OR NO. DID SHE SAY SOMETHING TO YOU?

# 23 CYNTHIA SHAHIAN:

YES.

# 24 THE COURT:

NEXT QUESTION.

# 25 Q:

BY MR. DARDEN: AND WAS SHE UPSET?

# 26 A:

YES.

# 27 Q:

AND THE COMMENT SHE MADE TO YOU, WAS IT REGARDING THE LETTER?

# 28 MR. COCHRAN:

OBJECTED TO, YOUR HONOR, AS HEARSAY.

# 29 THE COURT:

SUSTAINED.

# 30 MR. DARDEN:

CAN WE APPROACH SIDEBAR, YOUR HONOR?

# 31 THE COURT:

SURE.

# 32 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

Temperature

tense

Key Quotes (3)

Christopher Darden

WHO'S THE JUDGE HERE?

Darden snaps at Cochran after Cochran tries to dictate how the witness should answer, sparking a rare moment of open courtroom friction.

Lance A. Ito

I AM. NEXT QUESTION.

Ito efficiently reasserts authority and shuts down the squabble in three words.

Cynthia Shahian

NORMAL, WHICH IS, YOU KNOW, ALWAYS GREETS NICELY AND PLEASED TO SEE.

Establishes Nicole's baseline demeanor before the letter — setting up the contrast Darden is building toward.

Evidence (1)

Informal

A letter retrieved by Nicole Brown that caused a visible change in her demeanor

discussed indirectly — contents and Nicole's statements about it blocked by hearsay rulings

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Cochran tells the witness she can answer yes or no; Darden fires back 'Who's the judge here?'; Ito answers the question literally and moves on.

heated

Christopher Darden•Lance A. Ito

After two hearsay objections are sustained on the letter's contents, Darden requests a sidebar — suggesting he intends to argue for a hearsay exception or state-of-mind admission.

strategic

Light Moments (1)

Lance A. Ito

Ito answering Darden's rhetorical 'Who's the judge here?' with a deadpan 'I am. Next question.'

Objections

5 objections (2 sustained, 1 overruled)

Proceeding 4747 • 32 utterances • Prosecution witness

Criminal Trial

Department 103