Direct examination of Denise Brown (afternoon)

📄 Direct examination of Denise Brown (afternoon) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Jury return Cross-examination of Denise Brown (part 1) ▶

Witness: Denise Brown
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 248

Denise Brown, Nicole's sister and a self-described recovering alcoholic, testified about OJ Simpson's disturbing behavior at Sidney's dance recital on the evening of June 12, 1994 — the last night Nicole was alive. She described Simpson as having a glazed, frightening, far-away look and sitting alone in a corner of the auditorium staring at Nicole throughout the recital. The examination ended with Denise breaking down while recounting the goodbye at Mezzaluna, telling the jury the last thing she said to her sister was that she loved her.

# 1 Q:

BY MR. DARDEN: MISS BROWN, YOU DESCRIBED FOR US THE INCIDENT AFTER YOU WENT TO THE LA CANTINA RESTAURANT AND YOU ALSO DESCRIBED THE INCIDENT AT THE RED ONION AND YOU ALSO TESTIFIED THAT YOU CONSUMED ALCOHOL ON EACH OF THOSE SPECIFIC OCCASIONS; IS THAT CORRECT?

# 2 A:

YES, I DID.

# 3 Q:

AND ON THOSE OCCASIONS, DID YOU HAVE A DRINKING PROBLEM?

# 4 A:

YES, I DID.

# 5 Q:

YOU'RE A RECOVERING ALCOHOLIC?

# 6 A:

YES, I AM. SOBER FOR OVER A YEAR NOW.

# 7 Q:

DURING JANUARY OF 1992, DID YOUR SISTER LEAVE THE DEFENDANT?

# 8 A:

YES, SHE DID.

# 9 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT AND MOVE TO STRIKE. THAT CALLS FOR HEARSAY.

# 10 THE COURT:

OVERRULED.

# 11 Q:

BY MR. DARDEN: AND DID SHE MOVE SOMEWHERE ELSE?

# 12 A:

SHE DID.

# 13 Q:

WHERE DID SHE MOVE TO?

# 14 A:

TO GRETNA GREEN.

# 15 Q:

AND DID YOU VISIT HER THERE?

# 16 A:

YES, I DID.

# 17 Q:

HOW DID THE DEFENDANT REACT TO YOUR SISTER LEAVING HIM IN JANUARY OF 1992?

# 18 MR. COCHRAN:

OBJECTION. CALLS FOR SPECULATION.

# 19 THE COURT:

IT'S VAGUE.

# 20 Q:

BY MR. DARDEN: DID YOU EVER DISCUSS WITH THE DEFENDANT HIS FEELINGS ABOUT YOUR SISTER LEAVING HIM IN JANUARY 1992?

# 21 MR. SHAPIRO:

OBJECTION. IRRELEVANT. THE COURT'S ALREADY RULED ON THIS.

# 22 THE COURT:

LET ME TALK TO COUNSEL WITH THE REPORTER, PLEASE.

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

# 24 THE COURT:

WE'RE AT THE SIDEBAR.

# 25 MR. SHAPIRO:

COULD COUNSEL MAYBE MOVE THIS ALONG SO MAYBE THIS LADY COULD GO TO LUNCH?

# 26 THE COURT:

WHERE ARE WE GOING WITH THIS? MR. DARDEN, WHERE ARE WE GOING WITH THIS?

# 27 MR. DARDEN:

WE'RE GOING IN THE AREA OF HIM LOSING WEIGHT, NOT WANTING TO BE SEPARATED, SAYING THAT IT WAS RUINING HIS CAREER AND BUSINESS WITH HERTZ.

# 28 THE COURT:

HERE'S THE PROBLEM. NONE OF THIS STUFF WAS IN THE OFFER OF PROOF DURING THE 1101(B) HEARING.

# 29 MR. DARDEN:

YES, IT WAS.

# 30 THE COURT:

NO, IT WASN'T.

# 31 MR. COCHRAN:

IT WASN'T PART OF THE ORDER. YES.

# 32 THE COURT:

THE BUSINESS ABOUT HER LEAVING IN 1992 WE AGREED WAS AN UNDISPUTED INCIDENT, AND THE FACT THAT DIVORCE PROCEEDINGS WERE INITIATED IN 1992, WE ALL AGREED THAT THAT WOULD COME IN.

# 33 MR. COCHRAN:

YES.

# 34 THE COURT:

BUT THAT'S -- NOT THIS BUSINESS ABOUT HIM MAKING STATEMENTS ABOUT HER. I MEAN THAT WASN'T IN THE PROFFERED EVIDENCE UNDER 1101(B).

# 35 MR. DARDEN:

IT WAS INCLUDED I THINK DURING THE -- WELL, I'M SURE DURING THE DESCRIPTION WE GAVE OF THE CONVERSATIONS WITH HER MOTHER.

# 36 MS. CLARK:

JUDITHA.

# 37 THE COURT:

WHICH ONE? THE ONE WITH JUDITHA BROWN?

# 38 MR. GORDON:

STATEMENTS OF JUDITHA.

# 39 MS. CLARK:

JUDITHA BROWN, "SHE'S THE ONLY WOMAN I WANT AND CAN'T HAVE."

# 40 THE COURT:

INCIDENT NO. 27. BUT THAT'S 1994, STATEMENTS ABOUT THE DEFENDANT CATEGORY.

# 41 MR. DARDEN:

THIS IS REALLY A DRAMATIC CHANGE IN POSTURE. COUNSEL WAS ASSERTING THAT HE WAS GOING TO HAVE A GREAT LENGTH OF TIME WITH MISS BROWN LAST WEEK IF YOU RECALL.

# 42 THE COURT:

BUT HE'S ALSO GOTTEN A LOT OF ADVICE ON HOW TO DO THIS TOO.

# 43 MR. DARDEN:

I GUESS THAT'S HOW HE LEARNS HOW TO PRACTICE LAW, DOESN'T HE? AT LEAST SOME PEOPLE CAN LEARN.

# 44 THE COURT:

ALL RIGHT, CHILDREN, PLEASE. MR. DARDEN, IT WAS BEYOND WHAT WAS OFFERED.

KEY QUOTE

# 45 MR. DARDEN:

OKAY.

# 46 THE COURT:

THANK YOU.

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

# 48 THE COURT:

ALL RIGHT. MR. DARDEN, YOU MAY CONTINUE.

# 49 Q:

BY MR. DARDEN: MISS BROWN, DIRECTING YOUR ATTENTION TO JUNE 12, 1994, ON THAT DAY, WAS A RECITAL HELD FOR YOUR NIECE SIDNEY?

# 50 A:

YES, IT WAS.

# 51 Q:

AND WHERE WAS THAT RECITAL HELD, IF YOU RECALL?

# 52 A:

UMM, PAUL -- I THINK PAUL REVERE SCHOOL.

# 53 Q:

AND THAT'S A MIDDLE SCHOOL IN BRENTWOOD?

# 54 A:

YES, IT IS.

# 55 Q:

IT WAS A DANCE RECITAL, WASN'T IT?

# 56 A:

UH-HUH. YES.

# 57 Q:

AND DID YOU DRIVE UP FROM LAGUNA BEACH TO ATTEND THE RECITAL?

# 58 A:

YES, I DID.

# 59 Q:

DID OTHER MEMBERS OF YOUR FAMILY ALSO DRIVE UP FROM LAGUNA BEACH TO ATTEND THE RECITAL?

# 60 A:

MY WHOLE FAMILY DID.

# 61 Q:

THAT WOULD INCLUDE YOUR SISTER, DOMINIQUE AND TANYA?

# 62 A:

NO. TANYA WASN'T THERE. DOMINIQUE WAS, MY MOM AND DAD, MY SON, DOMINIQUE'S SON.

# 63 Q:

SO YOUR SON AND WHO ELSE?

# 64 A:

MY SON AND DOMINIQUE'S SON.

# 65 Q:

DID YOU GO TO THE RECITAL?

# 66 A:

YES, I DID.

# 67 Q:

DID YOUR SISTER NICOLE GO TO THE RECITAL?

# 68 A:

YES, SHE DID.

# 69 Q:

WHEN YOU ARRIVED AT THE -- STRIKE THAT. WAS THE RECITAL HELD IN AN AUDITORIUM?

# 70 A:

YES, IT WAS.

# 71 Q:

WHEN YOU ARRIVED AT THE AUDITORIUM, WAS IT FULL OF PEOPLE?

# 72 A:

PACKED. YES.

# 73 Q:

AND WERE YOU GIVEN A PROGRAM FOR THE RECITAL?

# 74 A:

YES, WE WERE.

# 75 Q:

SO DID YOU KNOW WHEN AND AT WHAT POINT SIDNEY WOULD BE DANCING IN THE RECITAL?

# 76 A:

YES, WE DID. SHE WAS SECOND TO LAST.

# 77 Q:

AND HOW LONG WAS THE RECITAL SCHEDULED TO LAST, IF YOU KNOW?

# 78 A:

I THINK IT WAS -- IT LASTED LONGER THAN IT WAS SUPPOSED TO. I REMEMBER THAT. IT LASTED A COUPLE OF HOURS.

# 79 Q:

NOW, WHEN YOU AND YOUR FAMILY FIRST ENTERED THE RECITAL HALL, DID YOU TAKE A SEAT?

# 80 A:

YES, WE DID.

# 81 Q:

DID YOUR OTHER FAMILY MEMBERS TAKE A SEAT?

# 82 A:

YES.

# 83 Q:

WAS THE DEFENDANT WITH YOU WHEN YOU FIRST ARRIVED AT THE RECITAL HALL?

# 84 A:

NO, HE WAS NOT.

# 85 Q:

AND WHEN YOU AND YOUR OTHER FAMILY MEMBERS TOOK A SEAT IN THE AUDITORIUM, WERE YOU ABLE TO SIT TOGETHER IN THE SAME ROW?

# 86 A:

NO, WE WERE NOT.

# 87 Q:

SO THE GROUP WAS BROKEN UP THEN?

# 88 A:

YES.

# 89 Q:

DIFFERENT PEOPLE SAT IN DIFFERENT ROWS?

# 90 A:

YES.

# 91 Q:

NOW, AT SOME POINT, DID THE DEFENDANT ARRIVE?

# 92 A:

YES, HE DID.

# 93 Q:

AND WHEN HE ARRIVED AT THE RECITAL, DID YOU GREET HIM?

# 94 A:

HE WALKED IN ON THE OTHER SIDE AND GOT A TICKET FROM DOMINIQUE, AND HE KIND OF WAVED LIKE THAT (INDICATING).

# 95 Q:

HE KIND OF WAVED TO YOU?

# 96 A:

RIGHT.

# 97 Q:

AND DID YOU ACKNOWLEDGE HIS WAVE?

# 98 A:

I JUST SMILED.

# 99 Q:

AND YOUR PARENTS WERE THERE THIS DAY?

# 100 A:

YES, THEY WERE.

# 101 Q:

DID THE DEFENDANT GREET YOUR PARENTS?

# 102 A:

YES, HE DID.

# 103 Q:

AND HOW DID HE GREET YOUR PARENTS, IF YOU RECALL?

# 104 A:

HE WENT OVER AND HE WAS TALKING TO THEM. THEY WERE SITTING ONE ROW IN FRONT OF ME.

# 105 Q:

DID HE ALSO APPEAR TO GREET YOUR SISTER TANYA WHEN SHE GAVE HIM THE TICKET?

# 106 A:

TANYA WASN'T THERE. IT WAS DOMINIQUE.

# 107 Q:

I AM SORRY. DOMINIQUE. DID HE ALSO APPEAR TO GREET HER?

# 108 A:

UMM, APPEARED SO.

# 109 Q:

OKAY. DID HE GREET NICOLE?

# 110 A:

NO, HE DID NOT.

# 111 Q:

DID THE DEFENDANT SAY ANYTHING TO NICOLE THAT YOU HEARD?

# 112 A:

NO.

# 113 Q:

WAS YOUR SISTER NICOLE SEATED NEXT TO ANY OTHER MEMBER OF YOUR FAMILY?

# 114 A:

NICOLE AND DOMINIQUE WERE IN THE BACK IN ONE ROW BEHIND ME AND OVER ABOUT THREE OR FOUR SEATS.

# 115 Q:

AND WERE THEY SITTING DIRECTLY NEXT TO EACH OTHER?

# 116 A:

I THINK SO, UNLESS THERE WAS A CHILD IN BETWEEN THEM.

# 117 Q:

AND SO THE DEFENDANT GREETED DOMINIQUE, BUT HE DIDN'T GREET YOUR SISTER?

# 118 A:

HE DIDN'T GREET NICOLE.

# 119 Q:

AND WHEN HE GREETED YOU AND YOUR SISTER DOMINIQUE AND YOUR PARENTS, WHAT WAS HIS DEMEANOR?

# 120 A:

UMM, HE HAD A VERY BIZARRE LOOK IN HIS EYES. IT WAS A VERY FAR-AWAY LOOK.

# 121 MR. COCHRAN:

YOUR HONOR, OBJECT TO THIS. I OBJECT TO THIS, YOUR HONOR.

# 122 THE COURT:

EXCUSE ME, COUNSEL. OBJECTION IS OVERRULED. MR. DARDEN.

# 123 MR. DARDEN:

THANK YOU.

# 124 Q:

BY MR. DARDEN: YOU SAY HE HAD A BIZARRE LOOK, FAR-AWAY LOOK?

# 125 A:

HE HAD A VERY FAR-AWAY LOOK. IT WAS ACTUALLY REALLY KIND OF SPOOKY. IT WAS A FRIGHTENING LOOK.

KEY QUOTE

# 126 Q:

WAS HE SMILING?

# 127 A:

UMM, NO. NO.

# 128 Q:

CAN YOU DESCRIBE FOR US PHYSICALLY HIS PHYSICAL DEMEANOR AT THE TIME?

# 129 A:

HE JUST HAD A VERY DIFFERENT LOOK ABOUT HIM. IT WASN'T -- IT WASN'T LIKE O.J. JUST WALKING INTO A PLACE AND BEING, YOU KNOW, HEY, HERE I AM, YOU KNOW, KIND OF SURE OF HIMSELF TYPE OF ATTITUDE. IT WAS MORE OF A -- OF A -- LIKE A GLAZED OVER, KIND OF FRIGHTENING, DARK EYES. IT JUST DIDN'T LOOK LIKE THE O.J. THAT WE KNEW.

# 130 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

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

# 132 Q:

BY MR. DARDEN: DID HE ALWAYS HAVE THIS GLAZED-OVER LOOK, THAT IS THROUGHOUT THE TIME THAT HE WAS AT THE RECITAL, THAT YOU SAW?

# 133 A:

WELL, I WASN'T WATCHING HIM THE WHOLE TIME.

# 134 Q:

AND SO THE LOOK YOU DESCRIBED FOR US A MOMENT AGO WAS THE WAY HE LOOKED WHEN HE WALKED IN AND GREETED YOUR PARENTS?

# 135 A:

HE WAS TALKING TO MY PARENTS, WHICH WAS RIGHT IN FRONT OF ME. SO I WAS ABLE TO LOOK AT HIM, AND THEN HE SAT BEHIND ME.

# 136 Q:

SO DID YOU TURN AROUND AND LOOK AT HIM DURING THE TIME THAT HE WAS SITTING BEHIND YOU?

# 137 A:

YEAH. ACTUALLY I TALKED TO HIM.

# 138 Q:

DID HE APPEAR HAPPY AND CHEERFUL?

# 139 A:

NO. NOT AT ALL. ACTUALLY THE ONLY THING THAT HE SAID TO ME WAS THAT HE WAS HERE AND HE HAD TO JUMP ON A PLANE TO CHICAGO.

# 140 Q:

AND WHEN THE DEFENDANT SAT BEHIND YOU, DID HE SIT DIRECTLY BEHIND YOU?

# 141 A:

YES, HE DID, FOR --

# 142 Q:

DID HE REMAIN SITTING BEHIND YOU?

# 143 A:

NO, HE DID NOT.

# 144 Q:

HE GOT UP?

# 145 A:

YES.

# 146 Q:

HOW LONG DID HE SIT BEHIND YOU BEFORE GETTING UP?

# 147 A:

OH, I'M NOT REALLY SURE. LONG ENOUGH TO SAY THOSE THINGS. BUT THEN HE GOT A CHAIR AND PUT IT IN THE CORNER BY ONE OF THE BACK DOORS AND HE STUCK THE CHAIR IN THE CORNER AWAY FROM ALL THE AUDITORIUM SEATS.

# 148 Q:

HAD YOU SAID SOMETHING TO THE DEFENDANT THAT MIGHT HAVE OFFENDED HIM?

# 149 A:

NO.

# 150 Q:

DID HE TELL YOU WHY HE WAS TAKING A CHAIR AND TAKING IT TO A CORNER OF THE AUDITORIUM AND SITTING THERE AWAY FROM EVERYONE ELSE?

# 151 A:

NO.

# 152 Q:

HE SAT IN THAT CHAIR IN THE CORNER OF THE AUDITORIUM?

# 153 A:

YES, HE DID.

# 154 Q:

HE SAT THERE ALONE AND AWAY FROM EVERYONE ELSE?

# 155 A:

YES. I GUESS SOMEBODY WENT UP AND TALKED TO HIM. BUT MOST -- MAJORITY OF THE TIME, I JUST SAW HIM BY HIMSELF.

# 156 Q:

WHAT WAS HE DOING AS HE SAT THERE IN THE CHAIR?

# 157 A:

EVERY TIME I TURNED AROUND -- BECAUSE MY SON WENT OUTSIDE TO PLAY WITH THE REST OF THE KIDS. EVERY TIME I TURNED AROUND, HE WAS STARING AT NICOLE.

# 158 Q:

DID YOU EVER GO OVER AND TALK TO HIM, THAT IS WHILE HE WAS SEATED OVER IN THE CORNER IN THE CHAIR ALONE?

# 159 A:

NO, I DID NOT.

# 160 Q:

WAS THERE EVER A BREAK IN THE -- BREAK OR --

# 161 THE COURT:

INTERMISSION.

# 162 Q:

BY MR. DARDEN: INTERMISSION. WAS THERE EVER A BREAK OR INTERMISSION DURING THE RECITAL?

# 163 A:

GOD, IT WAS SO LONG, I THINK THERE WAS A BREAK, YEAH.

# 164 Q:

DID YOU LEAVE THE AUDITORIUM, DO YOU RECALL?

# 165 A:

NO. ONLY AT THE END.

# 166 Q:

DO YOU RECALL IF NICOLE LEFT THE RECITAL DURING THE INTERMISSION?

# 167 A:

I DON'T REMEMBER.

# 168 Q:

DID YOU EVER SEE THE DEFENDANT MOVE THE CHAIR OUT OF THE CORNER?

# 169 A:

NO, I DID NOT.

# 170 Q:

DID YOU EVER SEE HIM GET UP FROM THAT CHAIR IN THE CORNER AND WALK AWAY?

# 171 A:

NO.

# 172 Q:

HOW LONG, IF YOU RECALL, DID THE DEFENDANT SIT IN THAT CHAIR IN THE CORNER AND STARE AT YOUR SISTER?

# 173 A:

OH, I DON'T KNOW. I WAS WATCHING THE SHOW. IT WAS JUST EVERY TIME I LOOKED BACK TO LOOK FOR THE CHILDREN, THAT'S WHEN I WOULD SEE HIM STARING AT HER.

# 174 Q:

DID YOU POINT THIS OUT TO ANYONE?

# 175 A:

NO. I DIDN'T -- NO.

# 176 Q:

AT SOME POINT, THE RECITAL WAS OVER; IS THAT CORRECT?

# 177 A:

YES.

# 178 Q:

AND DID YOU AND NICOLE AND YOUR MOTHER AND FATHER LEAVE THE RECITAL HALL?

# 179 A:

NO. ACTUALLY THEY LEFT FIRST, AND MY MOM AND DAD AND MYSELF, WE STAYED THERE AND WE WATCHED THE VERY LAST SHOW, THE VERY LAST DANCE.

# 180 Q:

YOUR NEPHEW JUSTIN WAS IN THE AUDITORIUM; IS THAT CORRECT?

# 181 A:

YES, HE WAS.

# 182 Q:

DID HE VISIT WITH HIS FATHER, THE DEFENDANT?

# 183 A:

YES, HE DID.

# 184 Q:

AND DID EVERYTHING SEEM AS YOU -- NORMAL AND OKAY WITH THE DEFENDANT AND JUSTIN?

# 185 A:

YES. SEEMED TO BE.

# 186 Q:

DID YOU EVER SEE JUSTIN WITH THE DEFENDANT WHILE THE DEFENDANT WAS SITTING IN THE CORNER?

# 187 A:

I THINK JUSTIN WAS SITTING ON HIS LAP.

# 188 Q:

NOW, HAD YOU AND YOUR PARENTS AND YOUR SISTER PLANNED TO GO SOMEWHERE AFTER THE RECITAL WAS OVER?

# 189 A:

YES, WE DID. WE WERE GOING OUT TO DINNER.

# 190 Q:

AND WHERE WERE YOU PLANNING TO GO?

# 191 A:

WE WERE GOING TO MEZZALUNA RESTAURANT. OH, MAN.

# 192 Q:

AND AS YOU LEFT THE RECITAL HALL, DID YOU SEE THE DEFENDANT?

# 193 A:

YES, WE DID. WE WALKED OUT WITH HIM OR ACTUALLY HE WAS OUTSIDE, AND WE MET HIM AS SOON AS WE WALKED OUT THE DOOR, AND WE WALKED TO THE FRONT OF THE SCHOOL WITH HIM AND A FRIEND OF HIS.

# 194 Q:

DID HE GIVE HIS DAUGHTER SIDNEY ANYTHING?

# 195 A:

I DIDN'T SEE HIM GIVE THEM TO HER, BUT HE HAD GIVEN HER SOME FLOWERS.

# 196 Q:

DID YOU SAY ANYTHING TO THE DEFENDANT AS YOU LEFT THE RECITAL HALL?

# 197 A:

I DON'T KNOW IF I SAID ANYTHING, BUT THERE WAS CONVERSATION GOING ON.

# 198 Q:

YOU HEARD THE DEFENDANT TALKING?

# 199 A:

OH, YEAH.

# 200 Q:

WHO WAS HE TALKING TO?

# 201 A:

MY MOM, MY DAD.

# 202 Q:

WHAT DID YOU HEAR HIM SAY?

# 203 A:

YOU KNOW WHAT? I DON'T REMEMBER. IT WAS JUST ABOUT WE'RE GOING TO THE RESTAURANT AND I'M NOT SURE WHAT ELSE.

# 204 Q:

DID YOU INVITE THE DEFENDANT TO GO TO THE MEZZALUNA WITH YOU AND THE REST OF THE FAMILY?

# 205 A:

NO, I DID NOT.

# 206 Q:

DID YOU HEAR ANYONE ELSE INVITE THE DEFENDANT TO GO TO THE MEZZALUNA?

# 207 A:

NO, I DID NOT.

# 208 Q:

I TAKE IT THAT YOU AND YOUR FAMILY AND THE CHILDREN GOT INTO YOUR CARS AND VANS AND THE LIKE?

# 209 A:

WE GOT INTO THE CARS AND WE DROVE OVER TO MEZZALUNA RESTAURANT.

# 210 Q:

DID THE DEFENDANT GO WITH YOU?

# 211 A:

TO MEZZALUNA?

# 212 Q:

YES.

# 213 A:

NO.

# 214 Q:

DID YOU HAVE DINNER?

# 215 A:

YES, WE DID.

# 216 Q:

WHAT DID YOU DO AFTER DINNER WAS OVER?

# 217 A:

WE GOT UP AND -- WE GOT UP AND WE WALKED OUT, AND NICOLE WAS GOING TO GO GET SOME ICE CREAM WITH THE KIDS. AND WE KISSED EACH OTHER GOODBYE. THE LAST THING I TOLD HER WAS THAT I LOVED HER. I'M SORRY.

# 218 THE COURT:

MISS BROWN, DO YOU WANT US TO JUST TAKE A FEW MINUTES NOW?

# 219 DENISE BROWN:

DO YOU MIND?

# 220 THE COURT:

MR. DARDEN?

# 221 MR. DARDEN:

YES, YOUR HONOR.

# 222 THE COURT:

I ASKED YOUR WITNESS IF SHE WANTED TO TAKE A FEW MINUTES.

# 223 DENISE BROWN:

I'M SORRY. I'LL BE ALL RIGHT.

# 224 Q:

BY MR. DARDEN: MISS BROWN, WHEN YOU LAST SAW YOUR SISTER, WHAT WAS HER DEMEANOR?

# 225 A:

SHE WAS HAPPY BECAUSE WE HAD MADE SO MANY PLANS TO GO DO STUFF. WE WERE GOING TO TAKE THE KIDS OUT ON A CAMPING TRIP. WE WERE GOING TO GO TO YOSEMITE. WE WERE GOING TO GO TO CLUB MED. WE WERE GOING TO JUST DO EVERYTHING WITH THE CHILDREN.

# 226 Q:

MISS BROWN, I SEE THAT YOU'RE WEARING IN COURT TODAY STUDS ON ONE EAR AND A DANGLING SORT OF EARRING ON THE OTHER EAR; IS THAT CORRECT?

# 227 A:

YES.

# 228 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT TO THAT.

# 229 MR. DARDEN:

CAN WE APPROACH?

# 230 THE COURT:

NOT AT THIS POINT.

# 231 MR. DARDEN:

IT IS RELEVANT. OR IF YOU CAN JUST LET ME ASK TWO FOLLOW-UP QUESTIONS, THE RELEVANCE WILL BE OBVIOUS.

# 232 MR. COCHRAN:

I THINK WE'D BETTER APPROACH.

# 233 THE COURT:

LET'S APPROACH.

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

# 235 THE COURT:

WE'RE AT THE SIDEBAR. WHAT'S THE RELEVANCE OF THE JEWELRY?

# 236 MR. DARDEN:

NICOLE WORE HER EARRINGS THE SAME WAY. WE WANT TO MAKE IT CLEAR TO THE JURY THAT THERE WAS NO ROBBERY INVOLVED AND THAT'S THE WAY SHE WORE HER JEWELRY.

# 237 MR. COCHRAN:

THAT'S THE MOST RIDICULOUS THING I'VE EVER HEARD.

# 238 MR. DARDEN:

WHO OBJECTED TO IT ANYWAY?

# 239 MR. COCHRAN:

I'M OBJECTING UP HERE. WHAT DOES THAT MEAN? THIS IS JUST ANOTHER TRICK BY THEM, AND IT'S NOT GOING TO WORK.

# 240 MR. DARDEN:

SHALL WE FLASH A PHOTO OF THE SCENE JUST TO ESTABLISH THAT WE ARE MAKING CERTAIN THAT IT IS CLEAR THAT THIS IS NOT A ROBBERY? ALL I AM GOING TO ASK HER IS, "IS THIS THE WAY YOUR SISTER WORE HER EARRINGS AS WELL?"

# 241 MR. COCHRAN:

I'M SURE DURING A ROBBERY, THEY'RE GOING TO STEAL SOME EARRINGS OFF THE VICTIM'S EARS. THAT'S PREPOSTEROUS.

# 242 THE COURT:

I DON'T SEE THE PROBATIVE VALUE HERE. OBJECTION SUSTAINED.

# 243 MS. CLARK:

YOUR HONOR, WHAT ABOUT MISS GERCHAS TESTIFYING TO A ROBBERY? THAT'S WHAT THEY'RE PUTTING ON.

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

# 245 THE COURT:

MR. DARDEN.

# 246 MR. DARDEN:

I HAVE NO FURTHER QUESTIONS, YOUR HONOR.

# 247 THE COURT:

THANK YOU. MR. SHAPIRO.

# 248 MR. SHAPIRO:

THANK YOU VERY MUCH, YOUR HONOR.

Temperature

emotional

Key Quotes (5)

Denise Brown

HE HAD A VERY FAR-AWAY LOOK. IT WAS ACTUALLY REALLY KIND OF SPOOKY. IT WAS A FRIGHTENING LOOK.

Establishes Simpson's unusual, menacing demeanor hours before the murders.

Denise Brown

EVERY TIME I TURNED AROUND, HE WAS STARING AT NICOLE.

Depicts obsessive, predatory behavior toward his ex-wife the night she was killed.

Denise Brown

WE KISSED EACH OTHER GOODBYE. THE LAST THING I TOLD HER WAS THAT I LOVED HER. I'M SORRY.

The emotional climax of the testimony; Denise breaks down recounting her final moment with Nicole.

Lance A. Ito

ALL RIGHT, CHILDREN, PLEASE.

Judge rebukes Darden and defense counsel during a tense sidebar argument.

Denise Brown

IT WASN'T LIKE O.J. JUST WALKING INTO A PLACE AND BEING, YOU KNOW, HEY, HERE I AM... IT WAS MORE OF A GLAZED OVER, KIND OF FRIGHTENING, DARK EYES. IT JUST DIDN'T LOOK LIKE THE O.J. THAT WE KNEW.

Contrasts Simpson's normally outgoing public persona with his behavior that night, implying something was very wrong.

Evidence (1)

Informal

Denise Brown's mismatched earrings (one stud, one dangling) — offered to show Nicole wore jewelry similarly, countering a robbery motive

Raised by Darden, objected to, discussed at sidebar, objection sustained and excluded

Notable Exchanges (3)

Christopher Darden•Lance A. Ito•Johnnie Cochran•Robert Shapiro

Sidebar erupts over Darden trying to elicit Simpson's statements about Nicole's 1992 departure. Ito rules it was beyond the 1101(b) offer of proof. Darden takes a sarcastic shot at Shapiro learning to practice law; Ito calls them 'children.'

heated

Christopher Darden•Johnnie Cochran•Lance A. Ito

Sidebar over Denise's earrings. Darden argues mismatched earrings show Nicole wasn't robbed; Cochran calls it 'the most ridiculous thing I've ever heard.' Judge sustains the objection.

heated

Lance A. Ito•Christopher Darden

Judge casually supplies Darden with the word 'intermission' when Darden stumbles trying to ask about a break in the recital.

light

Light Moments (2)

Lance A. Ito

Judge Ito supplies the word 'intermission' unprompted when Darden can't find it: 'INTERMISSION.'

Robert Shapiro

Robert Shapiro at the sidebar: 'COULD COUNSEL MAYBE MOVE THIS ALONG SO MAYBE THIS LADY COULD GO TO LUNCH?'

Credibility Attacks (1)

⚔ Denise Brown

prior bad acts / character

Darden himself elicited that Denise had a drinking problem and was a recovering alcoholic at the time of the incidents she described — preemptively defusing a likely cross-examination attack by bringing it out on direct.

Witness Demeanor

(The witness begins to cry)

(Pause while witness composes herself)

Objections

6 objections (2 sustained, 3 overruled)

Proceeding 4677 • 248 utterances • Prosecution witness

Criminal Trial

Department 103