Denise Brown's direct examination resumes, picking up from a prior session where she described an incident in the early 1980s in which OJ Simpson threw pictures off the staircase wall, hurled Nicole's clothes from her closet, and physically threw Nicole against a wall before expelling the group from his Rockingham home. The session closes as Darden attempts to introduce three Polaroid photographs (People's 9, 10, and 11) showing Nicole with visible injuries, discovered by Denise in Nicole's bathroom drawer at Rockingham — and Shapiro immediately objects on hearsay grounds as Darden asks what Nicole said about the photos.
# 1 THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED, PLEASE. ALL RIGHT. LET THE RECORD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD MORNING, LADIES AND GENTLEMEN.
# 2 THE JURY: GOOD MORNING.
# 3 THE COURT: LADIES AND GENTLEMEN, I RECEIVED A NOTE FROM JUROR NO. 1290, WHICH I SUSPECT REPRESENTS THE VIEWS OF THE JURORS, AND I WILL DISCUSS THAT WITH THE STAFF AND THE ATTORNEYS, AND AS YOU KNOW, I HAVE TRIED TO RESPOND TO YOUR QUESTIONS OR ANY CONCERNS THAT YOU HAVE, AND IT MAY TAKE ME A DAY OR TWO, BUT I WILL ADDRESS THIS ISSUE FOR YOU. ALL RIGHT. LET'S RESUME WITH DENISE BROWN. MISS BROWN, WOULD YOU COME FORWARD, PLEASE.
DENISE BROWN, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:
# 4 THE COURT: AND WOULD YOU RESUME THE WITNESS CHAIR, PLEASE. GOOD MORNING, MISS BROWN. YOU ARE REMINDED YOU ARE STILL UNDER OATH. ALL RIGHT. WOULD YOU PULL THE MICROPHONE CLOSE TO YOU, PLEASE.
# 6 THE COURT: ALL RIGHT. MR. DARDEN, DO YOU WISH TO CONTINUE YOUR DIRECT EXAMINATION?
# 7 MR. DARDEN: YES, I DO, YOUR HONOR. THANK YOU.
# 8 THE COURT: YOU ARE WELCOME.
# 9 MR. DARDEN: GOOD MORNING. GOOD MORNING, LADIES AND GENTLEMEN.
# 10 THE JURY: GOOD MORNING.
# 11 DIRECT EXAMINATION (RESUMED)
# 13 Q: MISS BROWN, WHEN WE LEFT OFF LAST FRIDAY YOU TOLD US ABOUT THE CROTCH GRABBING INCIDENT AT THE RED ONION. DO YOU RECALL THAT?
# 15 Q: AND YOU ALSO TALKED TO US ABOUT AN INCIDENT THAT OCCURRED AFTER YOU AND YOUR SISTER, NICOLE, AND ED MC CABE RETURNED TO THE DEFENDANT'S HOUSE AFTER AN EVENING AT THE LA CANTINA?
# 17 Q: DO YOU RECALL THAT? DO YOU ALSO RECALL TELLING US THAT --
# 18 MR. SHAPIRO: YOUR HONOR, ARE WE GOING TO GO THROUGH ALL OF THE TESTIMONY OF FRIDAY?
# 19 MR. DARDEN: WAS THAT AN OBJECTION?
# 20 MR. SHAPIRO: YES, THAT IS AN OBJECTION.
# 21 MR. DARDEN: SAY "OBJECTION."
# 22 MR. SHAPIRO: IT HAS BEEN ASKED AND ANSWERED.
# 23 THE COURT: COUNSEL, YOU DON'T NEED TO DIRECTLY ADDRESS COUNSEL. THANK YOU.
# 24 Q: BY MR. DARDEN: AND YOU ALSO TOLD US THAT AFTER YOU TOLD THE DEFENDANT THAT HE TOOK YOUR SISTER FOR GRANTED THAT PICTURES BEGAN FLYING OFF THE WALL?
# 26 Q: LET'S PICK UP THERE --
# 28 Q: -- FROM THAT POINT ON. THE PICTURES THAT YOU MENTIONED LAST FRIDAY, WHERE WERE THOSE PICTURES LOCATED?
# 29 A: THEY WERE GOING UP THE STAIRS, UP THE STAIRCASE TO THE SECOND STORY.
# 30 Q: OKAY. AND HAD YOU SEEN THOSE PICTURES BEFORE?
# 31 A: OH, SURE, MANY TIMES.
# 32 Q: HOW MANY PICTURES WERE THERE?
# 33 A: OH, I THINK THERE IS ABOUT THREE OR FOUR ROWS GOING UP LIKE THIS, (INDICATING), AND ALL THE WAY UP THE STAIRCASE.
# 34 Q: AND WHO WAS DEPICTED IN THOSE PHOTOGRAPHS?
# 35 A: IT WAS FAMILY MEMBERS.
# 36 Q: BROWN FAMILY MEMBERS?
# 37 A: BROWN FAMILY, O.J.'S FAMILY, UMM, A LOT OF DIFFERENT PICTURES.
# 38 Q: OKAY. AND YOU MENTIONED THAT PICTURES BEGAN FLYING OFF THE WALLS. HOW -- HOW WERE THOSE PICTURES REMOVED OR HOW DID THEY COME FLYING OFF THE WALL?
# 39 A: O.J. WAS WALKING UP THE HALL OR UP THE STAIRCASE AND HE STARTED THROWING THEM. HE TOOK THEM OFF THE WALL AND STARTED THROWING THEM DOWN.
KEY QUOTE # 40 Q: AND WAS HE SAYING ANYTHING TO -- DID THE DEFENDANT SAY ANYTHING AS HE THREW THOSE --
# 41 A: HE WANTED HER OUT OF HIS HOUSE.
# 42 Q: THAT IS WHAT THE DEFENDANT SAID?
# 43 A: HE WANTED HER OUT OF HIS HOUSE AND HE CONTINUED GOING UP THE STAIRS AND HE GRABBED THE CLOTHES OUT OF HER CLOSET AND STARTED THROWING THEM DOWN ONTO THE FOYER WHERE WE WERE DOWN ON THE BOTTOM, AND CAME BACK DOWN AND GRABBED NICOLE. HE THREW HER UP AGAINST THE WALL AND THEN HE GRABBED HER. AND THE ONLY THING I REMEMBER IS THAT IT WAS -- HE LOOKED SO -- HIS WHOLE FACIAL STRUCTURE CHANGED. EVERYTHING ABOUT HIM CHANGED.
# 44 MR. DARDEN: LET ME STOP YOU THERE.
# 45 MR. SHAPIRO: YOUR HONOR, WE WOULD OBJECT. THAT IS NONRESPONSIVE.
# 46 THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, THE WITNESS' COMMENTS REGARDING FACIAL STRUCTURING AND CHANGE OF EXPRESSION IS STRICKEN FROM THE RECORD AND IT WAS NOT IN RESPONSE TO THE QUESTION. YOU ARE TO DISREGARD THAT ANSWER. MR. DARDEN.
# 47 Q: BY MR. DARDEN: OKAY. DID YOU SEE THE DEFENDANT'S FACE IMMEDIATELY AFTER YOU TOLD HIM THAT HE TOOK YOUR SISTER FOR GRANTED?
# 49 Q: OKAY. AND WHAT, IF ANYTHING, UNUSUAL DID YOU NOTICE ABOUT HIS FACE AT THAT TIME?
# 50 A: AT THAT TIME HE GOT VERY UPSET AND HE STARTED SCREAMING.
# 51 Q: NOW, WAS HIS ANGER MANIFESTED IN ANY WAY OTHER THAN THE FACT THAT HE BECAME -- OTHER THAN THE FACT THAT HE BEGAN SCREAMING?
# 52 A: YEAH. HIS WHOLE FACIAL STRUCTURE CHANGED. I MEAN, EVERYTHING CHANGED ABOUT HIM.
# 53 Q: OKAY. WHEN YOU SAY HIS FACIAL STRUCTURE CHANGED, WHAT DO YOU MEAN? ELABORATE ON THAT FOR US, PLEASE.
# 54 A: IT WAS CALM, QUIET, NORMAL CONVERSATION, LIKE WE WERE SITTING HERE RIGHT NOW, AND THEN ALL OF A SUDDEN IT TURNED INTO -- THE EYES GOT REAL ANGRY. IT WAS AS -- HIS WHOLE JAW, EVERYTHING STARTED, YOU KNOW -- HIS WHOLE FACE JUST CHANGED COMPLETELY WHEN HE GOT UPSET. UMM -- IT WASN'T AS IF IT WAS O.J. ANY MORE. HE LOOKED LIKE A DIFFERENT PERSON AND THAT IS WHAT NICOLE HAD ALWAYS SAID WHEN HE GETS ANGRY.
# 55 Q: LET ME STOP YOU THERE.
# 56 MR. SHAPIRO: MOTION TO STRIKE AS NONRESPONSIVE.
# 57 THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, YOU ARE TO DISREGARD THE LAST PORTION OF THE ANSWER, COMMENTS AS TO WHAT NICOLE HAD SAID ABOUT THE DEFENDANT'S BEHAVIOR OR FACIAL STRUCTURE. MISS BROWN --
# 58 DENISE BROWN: SORRY.
# 59 THE COURT: -- IF YOU WOULD, WOULD YOU PLEASE LISTEN CAREFULLY TO MR. DARDEN AND DEFENSE COUNSEL'S QUESTION, PLEASE ANSWER AS PRECISELY AS YOU CAN AND PLEASE DON'T VOLUNTEER ANY INFORMATION.
# 60 DENISE BROWN: YES, YOUR HONOR.
# 61 THE COURT: ALL RIGHT. THANK YOU.
# 62 Q: BY MR. DARDEN: NOW, HAD YOU SEEN THE DEFENDANT ANGRY ON OTHER OCCASIONS?
# 64 Q: OKAY. WELL, THIS CHANGE IN HIS FACIAL STRUCTURE THAT YOU JUST TESTIFIED TO, IS THAT SOMETHING THAT COMMONLY HAPPENS WHEN THE DEFENDANT BECOMES ANGRY?
# 65 A: I HAD NEVER SEEN IT LIKE THIS BEFORE, NO.
# 66 Q: SO THAT WAS THE FIRST TIME YOU HAD EVER SEEN HIM GET THAT ANGRY?
# 68 MR. DARDEN: CAN I HAVE ONE MOMENT, YOUR HONOR?
# 70 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 71 Q: BY MR. DARDEN: WHERE DID YOU AND MR. MC CABE AND YOUR SISTER GO AFTER THE DEFENDANT THREW THE THREE OF YOU OUT OF HIS HOUSE?
# 72 A: WE WENT TO THE BEVERLY HILLS HOTEL.
# 73 Q: OKAY. AND WHY DID YOU GO TO THE BEVERLY HILLS HOTEL?
# 74 A: THAT IS WHERE HE WAS STAYING, ED MC CABE.
# 75 Q: WERE YOU STRAYING THERE AS WELL?
# 76 A: WE STAYED THERE THAT NIGHT, YES.
# 77 Q: ED MC CABE WAS YOUR BOYFRIEND AT THE TIME?
# 79 Q: AND DID YOU SPEND THE NIGHT AT THE BEVERLY HILLS HOTEL THAT NIGHT?
# 81 Q: DID YOUR SISTER NICOLE ALSO SPEND THE NIGHT WITH YOU THAT NIGHT?
# 83 Q: DID SHE EVER RETURN TO THE HOUSE?
# 84 A: SHE DID THE NEXT MORNING.
# 85 Q: DID YOU TRY AND STOP HER FROM RETURNING TO THE HOUSE?
# 86 A: YEAH, I DID. YEAH, I TOLD HER -- I TOLD HER THAT SHE SHOULDN'T GO BACK. SHE SAYS, "I'M NOT GOING BACK, I'M JUST GOING TO GO PICK UP A FEW THINGS."
# 87 Q: DID SHE SAY IF SHE WOULD RETURN BACK TO THE HOTEL?
# 89 Q: SHE SAID SHE WAS GOING TO COME BACK TO YOU?
# 91 Q: DID SHE COME BACK?
# 93 Q: DID YOU REPORT THAT INCIDENT TO THE POLICE AT THE TIME?
# 96 A: I DON'T THINK SO.
# 97 Q: DID ED MC CABE REPORT IT TO THE POLICE?
# 98 A: NOT TO MY KNOWLEDGE, NO.
# 99 Q: DID YOU CONSIDER REPORTING THE INCIDENT TO THE POLICE?
# 102 A: I TOLD HER -- I JUST TOLD HER, I SAID --
# 103 THE COURT: HOLD ON.
# 104 THE COURT: THE QUESTION WAS DID YOU REPORT IT TO THE POLICE? DID YOU CONSIDER REPORTING IT TO THE POLICE? THE ANSWER IS YES OR NO.
# 106 THE COURT: ALL RIGHT. THANK YOU, MR. DARDEN.
# 107 Q: BY MR. DARDEN: WHY DIDN'T YOU REPORT IT TO THE POLICE?
# 108 A: BECAUSE SHE SAID SHE WOULD TAKE CARE OF IT.
# 109 Q: AND IF YOU RECALL, WHAT YEAR WAS IT THAT THIS INCIDENT OCCURRED?
# 110 A: UMM, GOD, IT WAS IN THE EARLY EIGHTIES, '82, '83 MAYBE.
# 111 Q: DO YOU KNOW THE EXACT DATE?
# 113 Q: COULD IT HAVE BEEN LATER THAN '82 OR '83?
# 114 A: I KNOW IT WAS THE EARLY EIGHTIES. I DON'T THINK IT WAS LATER.
# 115 MR. DARDEN: MAY I HAVE ONE MOMENT, YOUR HONOR?
# 116 THE COURT: CERTAINLY.
# 117 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 118 Q: BY MR. DARDEN: MISS BROWN, AFTER YOUR SISTER NICOLE TOLD YOU THAT SHE WOULD HANDLE IT, WHY DIDN'T YOU TAKE IT UPON YOURSELF TO TAKE FURTHER STEPS TOWARD NOTIFYING THE POLICE?
# 119 MR. SHAPIRO: OBJECTION.
# 120 THE COURT: OVERRULED.
# 121 DENISE BROWN: COULD YOU REPEAT THAT, PLEASE.
# 122 Q: BY MR. DARDEN: WELL, YOUR SISTER TOLD YOU THAT SHE WOULD HANDLE IT, CORRECT?
# 124 Q: DID SHE HANDLE IT?
# 125 A: I GUESS IN HER OWN WAY SHE DID.
# 126 Q: WELL, YOU TOLD US THAT YOU EXPECTED HER TO RETURN TO THE HOTEL; IS THAT CORRECT?
# 128 Q: OKAY. WELL, WHEN SHE DIDN'T RETURN TO THE HOTEL, DID YOU -- DID YOU DO ANYTHING TOWARD FINDING OUT WHY SHE DIDN'T RETURN TO THE HOTEL?
# 129 A: YOU KNOW WHAT, I REALLY DON'T REMEMBER. I JUST TOLD HER TO COME BACK.
# 130 Q: WELL, DID YOU DO ANYTHING TOWARD FINDING OUT IF SHE WAS OKAY?
# 131 A: OH, WE HAD TALKED LATER ON, YEAH.
# 132 Q: MISS BROWN, I WOULD LIKE TO SHOW YOU THREE PHOTOGRAPHS. THESE PHOTOGRAPHS HAVE ALREADY BEEN MARKED PEOPLE'S 9, 10 AND 11 FOR IDENTIFICATION. MAY I APPROACH, YOUR HONOR?
# 133 THE COURT: YOU MAY.
# 134 Q: BY MR. DARDEN: LET ME SHOW YOU THREE POLAROID PHOTOGRAPHS. HAVE YOU SEEN THESE PHOTOGRAPHS BEFORE?
# 136 Q: DO EACH OF THESE PHOTOGRAPHS DEPICT YOUR SISTER?
# 138 Q: IS YOUR SISTER SHOWN IN EACH OF THESE THREE PHOTOGRAPHS?
# 140 MR. DARDEN: YOUR HONOR, IF I COULD PUT THESE UP ON THE ELMO.
# 141 THE COURT: YOU MAY.
# 143 Q: BY MR. DARDEN: SHOWING PEOPLE'S 9 FOR IDENTIFICATION, MISS BROWN, DO YOU SEE PEOPLE'S 9 THERE ON THE MONITOR NEXT TO THE WITNESS STAND?
# 145 Q: IS THAT A PICTURE OF NICOLE?
# 147 Q: DIRECTING YOUR ATTENTION TO HER -- IS THERE A RED DOT UP THERE?
# 148 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 149 Q: BY MR. DARDEN: DIRECTING YOUR ATTENTION TO THE LEFT EYE, NICOLE'S LEFT EYE IN PEOPLE'S 9 FOR IDENTIFICATION, DO YOU SEE AN INJURY THERE AT HER LEFT EYE?
# 151 Q: WHEN WAS THE FIRST TIME YOU SAW THIS PHOTOGRAPH?
# 152 A: I SAW THIS IN HER BATHROOM DRAWER WHEN I OPENED UP HER BATHROOM DRAWER.
KEY QUOTE # 153 Q: WAS THIS A BATHROOM DRAWER LOCATED IN THE HOUSE AT ROCKINGHAM?
# 154 A: YES, IT WAS. IT WAS IN HER BATHROOM.
# 155 Q: WHOSE BATHROOM WAS IT?
# 157 Q: IT WAS NICOLE'S BATHROOM?
# 159 Q: SHE SHOWED THE PHOTOGRAPH TO YOU?
# 160 A: NO, I JUST SAW IT IN THE DRAWER AND I TOOK IT OUT AND I LOOKED AT IT.
# 161 Q: AND DID YOU SHOW THE PHOTOGRAPH TO HER?
# 162 A: YES. SHE WAS STANDING RIGHT THERE WITH ME AT THE TIME.
# 163 Q: AND DID YOU AND SHE DISCUSS THE PHOTOGRAPH?
# 165 Q: WHAT DID SHE TELL YOU ABOUT THE PHOTOGRAPH?
# 166 MR. SHAPIRO: OBJECTION. HEARSAY, YOUR HONOR.
# 167 THE COURT: COUNSEL, DO YOU WANT TO APPROACH. PLEASE.