Direct examination of Denise Brown (morning, part 2)

📄 Direct examination of Denise Brown (morning, part 2) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Motion: photograph evidence admission Sidebar: examination scope ▶

Witness: Denise Brown
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 152

Darden resumes direct examination of Denise Brown, introducing two photographs she took of her sister Nicole's injuries following the 1989 domestic violence incident. Denise also testifies about the close social relationship between her family and OJ Simpson, describing vacations, dinners, and dancing together, before Darden attempts — and largely fails due to sustained objections — to establish a pattern of controlling phone calls Simpson made when Nicole visited the beach house alone.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. THE RECORD SHOULD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. LADIES AND GENTLEMEN, FROM TIME TO TIME I NEED TO SPEAK TO THE LAWYERS ON ISSUES THAT ARE OFTENTIMES COMPLEX AND REQUIRE EXTENSIVE ARGUMENT. DON'T NECESSARILY REQUIRE IT, BUT WE GET EXTENSIVE ARGUMENT, AND I THINK IT IS EASIER FOR ME TO HAVE YOU STEP INTO THE JURY ROOM SO YOU CAN USE THE FACILITIES THERE AND STRETCH A LITTLE, RATHER THAN FOR US TO STAND OVER AT SIDE BAR FOR TWENTY MINUTES TO HALF AN HOUR. THAT IS THE REASON FOR THAT. THE REASON FOR OUR DISCUSSION TODAY WAS THAT LAST PHOTOGRAPH THAT YOU WERE SHOWN, PEOPLE'S EXHIBIT NO. 9, I AM NOT GOING TO ALLOW THE USE OF THAT PHOTOGRAPH, DESPITE THE FACT THAT YOU HAVE ALREADY SEEN IT. I KNOW IT IS DIFFICULT TO UNRING A BELL, BUT I'M GOING TO ASK YOU TO DISREGARD WHAT YOU SAW IN THAT PARTICULAR PHOTOGRAPH. THE REASON FOR THAT IS THERE IS NO FOUNDATION, THERE IS A LEGAL FINDING THERE IS NO FOUNDATION FOR THAT PHOTOGRAPH. IN OTHER WORDS, WE DON'T KNOW THE DATE, TIME AND PLACE WHERE THAT WAS TAKEN, BY WHOM AND WHAT IT PURPORTS TO DEPICT. ALL WE HAVE IS THE PICTURE AND WE CAN'T TELL THE PLACE, DATE AND TIME OR WHO WAS THERE OR WHO TOOK IT AT THIS POINT, SO I'M GOING TO ASK YOU TO DISREGARD THAT PHOTOGRAPH. AND WE WILL CONTINUE WITH THE TESTIMONY OF DENISE BROWN.

# 3 (BRIEF PAUSE.)

# 4 THE COURT:

ALL RIGHT. MISS BROWN, WOULD YOU RESUME THE WITNESS STAND, PLEASE. ALL RIGHT. MISS BROWN, YOU ARE REMINDED YOU ARE STILL UNDER OATH. WOULD YOU JUST PULL THE MICROPHONE CLOSE TO YOU, PLEASE.

# 5 (WITNESS COMPLIES.)

# 6 THE COURT:

THANK YOU. MR. DARDEN, YOU MAY CONTINUE.

# 7 MR. DARDEN:

THANK YOU, YOUR HONOR. YOUR HONOR, MAY I PRESENT TO THE WITNESS ON THE ELMO PEOPLE'S 10 FOR IDENTIFICATION?

# 8 THE COURT:

YES, YOU MAY.

# 9 Q:

BY MR. DARDEN: MISS BROWN, SHOWING WHAT YOU HAS BEEN MARKED PEOPLE'S 10 FOR IDENTIFICATION, IS THAT A PHOTOGRAPH OF YOUR SISTER, NICOLE?

# 10 A:

YES, IT IS.

# 11 Q:

IS THAT A PHOTOGRAPH THAT YOU HAVE SEEN BEFORE?

# 12 A:

YES, IT IS.

# 13 Q:

DO YOU KNOW WHO TOOK THAT PHOTOGRAPH?

# 14 A:

I DID.

# 15 Q:

DO YOU RECALL WHEN IT WAS THAT YOU TOOK THAT PHOTOGRAPH?

# 16 A:

YEAH. IT WAS RIGHT AFTER THE '89 INCIDENT.

KEY QUOTE

# 17 Q:

WAS ON IT NEW YEAR'S DAY ITSELF?

# 18 A:

YEAH. I THINK IT WAS A COUPLE OF DAYS LATER.

# 19 Q:

THAT PHOTOGRAPH DEPICTS CERTAIN INJURIES TO YOUR SISTER; IS THAT CORRECT?

# 20 A:

YES, IT DOES.

# 21 Q:

THE SWELLING OVER HER RIGHT EYE, THAT ISN'T HOW SHE USUALLY LOOKED, IS IT?

# 22 A:

NO, IT IS NOT.

# 23 MR. DARDEN:

YOUR HONOR, MAY I SHOW THE JURY PEOPLE'S 11 FOR IDENTIFICATION?

# 24 THE COURT:

YES, YOU MAY.

# 25 Q:

BY MR. DARDEN: MISS BROWN, SHOWING YOU PEOPLE'S 11 FOR IDENTIFICATION, IN THIS PHOTOGRAPH YOUR SISTER HAS HER RIGHT ARM RAISED; IS THAT CORRECT?

# 26 A:

YES.

# 27 Q:

DO YOU SEE ANY INJURY TO HER RIGHT ARM THERE?

# 28 A:

YES, I DO.

# 29 Q:

WHAT DO YOU SEE?

# 30 A:

A BRUISE, A BIG BRUISE.

# 31 Q:

AND DIRECTING YOUR ATTENTION TO THE RIGHT SIDE OF HER -- OF HER HEAD OR FOREHEAD, DO YOU SEE ANY INJURIES TO THE RIGHT SIDE OF HER HEAD?

# 32 A:

YES, I DO.

# 33 Q:

THAT IS NOT HOW SHE USUALLY LOOKED, IS IT?

# 34 A:

NO, IT IS NOT.

# 35 Q:

YOU TOLD US A MOMENT AGO THAT YOU TOOK THESE PHOTOGRAPHS; IS THAT CORRECT?

# 36 A:

YES, I DID.

# 37 Q:

OKAY. WOULD YOU DESCRIBE FOR US, PLEASE, THE CIRCUMSTANCES THAT LEAD TO YOUR TAKING THESE PHOTOGRAPHS?

# 38 A:

NICOLE ASKED ME TO TAKE THEM FOR HER.

KEY QUOTE

# 39 MR. SHAPIRO:

YOUR HONOR, I'M GOING TO OBJECT TO ANY FURTHER TESTIMONY. THAT QUESTION HAS BEEN ASKED AND ANSWERED.

# 40 THE COURT:

SUSTAINED. NOT SUSTAINED. NEXT QUESTION.

# 41 Q:

BY MR. DARDEN: HOW MANY PHOTOGRAPHS OF HER DID YOU TAKE THAT DAY?

# 42 MR. SHAPIRO:

OBJECTION, YOUR HONOR, BASED ON THE COURT'S PREVIOUS RULING.

# 43 THE COURT:

OVERRULED.

# 44 Q:

BY MR. DARDEN: I WILL REASK THE QUESTION. THE DAY THAT YOU TOOK THE LAST TWO PHOTOGRAPHS YOU JUST SAW HERE, 10 AND 11 --

# 45 A:

RIGHT.

# 46 Q:

-- THAT DAY DID YOU TAKE ANY OTHER PHOTOGRAPHS OF YOUR SISTER?

# 47 MR. SHAPIRO:

YOUR HONOR, MAY WE APPROACH?

# 48 THE COURT:

ALL RIGHT. WITHOUT THE COURT REPORTER FIRST.

# 49 MR. SHAPIRO:

YES.

# 50 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

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

# 52 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. DARDEN, YOU MAY CONTINUE.

# 53 Q:

BY MR. DARDEN: MISS BROWN, ARE THESE THE ONLY TWO PHOTOGRAPHS YOU TOOK?

# 54 A:

YES, THEY ARE.

# 55 Q:

AFTER YOU TOOK THOSE PHOTOGRAPHS, WHAT DID YOU DO WITH THEM?

# 56 A:

I GAVE THEM TO NICOLE. SHE TOOK THEM.

# 57 Q:

OKAY. AND DID YOU KNOW BACK IN 1989 WHETHER OR NOT YOUR SISTER NICOLE HAD A SAFE-DEPOSIT BOX AT UNION BANK?

# 58 A:

NO, I DID NOT.

# 59 Q:

MISS BROWN, LAST WEEK WE PLAYED FOR THE JURY AN AUDIOTAPE OF AN INCIDENT THAT OCCURRED IN 1993. HAVE YOU HEARD ANY PORTION OF THAT AUDIOTAPE?

# 60 MR. SHAPIRO:

OBJECTION, IRRELEVANT.

# 61 THE COURT:

OVERRULED.

# 62 Q:

BY MR. DARDEN: HAVE YOU HEARD ANY PORTION OF THAT AUDIOTAPE?

# 63 A:

I DON'T THINK SO.

# 64 Q:

THE 1993 TAPE OF THE INCIDENT AT GRETNA GREEN?

# 65 MR. SHAPIRO:

IT HAS BEEN ASKED AND ANSWERED.

# 66 DENISE BROWN:

I DON'T KNOW. I DON'T THINK SO.

# 67 THE COURT:

OVERRULED.

# 68 MR. DARDEN:

I'M SORRY, I DIDN'T HEAR THE ANSWER, YOUR HONOR.

# 69 THE COURT:

SHE DIDN'T, NO, SHE DOESN'T BELIEVE THAT SHE HEARD IT. IS THAT CORRECT, MISS BROWN?

# 70 DENISE BROWN:

YES.

# 71 THE COURT:

MR. DARDEN.

# 72 Q:

BY MR. DARDEN: WHEN WAS THE FIRST TIME YOU LEARNED THAT SOMETHING HAD OCCURRED ON OCTOBER 25, 1993, AT GRETNA GREEN?

# 73 MR. SHAPIRO:

OBJECTION, IRRELEVANT.

# 74 THE COURT:

SUSTAINED.

# 75 Q:

BY MR. DARDEN: WERE YOU PRESENT AT YOUR SISTER'S HOUSE ON OCTOBER 25, 1993?

# 76 A:

NO. NOT THAT I REMEMBER, NO.

# 77 Q:

YOUR SISTER WAS MARRIED TO THE DEFENDANT IN FEBRUARY OF 1985; IS THAT CORRECT?

# 78 A:

YES.

# 79 Q:

AND SINCE THAT DATE DID YOU ON OCCASION SOCIALIZE WITH THE DEFENDANT?

# 80 A:

YES.

# 81 Q:

AND DID YOU SOCIALIZE WITH THE DEFENDANT AND YOUR SISTER?

# 82 A:

YES, WE DID.

# 83 Q:

YOU WENT OUT TOGETHER?

# 84 A:

YES.

# 85 Q:

WENT TO CLUBS?

# 86 A:

YES.

# 87 Q:

WHAT KIND OF PLACES AND WHAT KIND OF THINGS DID YOU DO WITH THE DEFENDANT AND YOUR SISTER?

# 88 MR. SHAPIRO:

OBJECTION, RELEVANCY, YOUR HONOR.

# 89 THE COURT:

OVERRULED.

# 90 DENISE BROWN:

WE USED TO GO OUT TO DINNER, WE USED TO GO DANCING. UMM, WE DID FAMILY VACATIONS, SKI TRIPS. WE DID A LOT OF THINGS TOGETHER. WE WERE A FAMILY.

KEY QUOTE

# 91 Q:

BY MR. DARDEN: AND YOU CONSIDERED THE DEFENDANT PART OF YOUR FAMILY?

# 92 A:

ABSOLUTELY.

# 93 Q:

SO NOT EVERYTHING THAT HAPPENED BETWEEN YOUR SISTER AND THE DEFENDANT WAS BAD, CORRECT?

# 94 A:

NO, NOT AT ALL.

# 95 Q:

LOTS OF GOOD TIMES?

# 96 A:

YEAH.

# 97 Q:

DID THE DEFENDANT OWN ANY PROPERTY IN VICTORIA BEACH?

# 98 A:

YES, HE DID. HE HAD A HOUSE.

# 99 Q:

I'M SORRY?

# 100 A:

HE HAD A HOUSE ON VICTORIA BEACH.

# 101 Q:

BEACH HOUSE?

# 102 A:

YES.

# 103 Q:

AND WERE THERE OCCASIONS WHEN YOUR SISTER WOULD GO DOWN TO THE BEACH HOUSE ON VICTORIA BEACH WITHOUT THE DEFENDANT?

# 104 A:

YES.

# 105 Q:

AND WOULD SHE BRING THE CHILDREN SOMETIMES?

# 106 A:

YES.

# 107 Q:

AND SOMETIMES THE DEFENDANT WOULD COME WITH HER; IS THAT RIGHT?

# 108 A:

YES.

# 109 Q:

OKAY. AND YOUR FAMILY, THE BROWN FAMILY, DID YOU LIVE CLOSE BY OR NEAR THE BEACH HOUSE?

# 110 A:

YES, WE DO.

# 111 Q:

DURING THOSE OCCASIONS WHEN YOUR SISTER CAME TO THE BEACH HOUSE ALONE, WITHOUT THE DEFENDANT, DID YOU MEET HER THERE ON OCCASION?

# 112 A:

COULD YOU REPEAT THAT? I'M SORRY.

# 113 Q:

ON THOSE OCCASIONS WHEN YOUR SISTER CAME TO THE BEACH HOUSE ALONE --

# 114 A:

UH-HUH.

# 115 Q:

-- WOULD YOU MEET HER AT THE BEACH HOUSE ON OCCASION?

# 116 A:

OH, SURE.

# 117 Q:

WOULD SHE COME TO YOUR FAMILY HOME ALONE WITHOUT THE DEFENDANT ON OCCASION?

# 118 A:

OH, YES.

# 119 Q:

AND ON SOME OF THOSE OCCASIONS WOULD YOU HEAR FROM THE DEFENDANT?

# 120 A:

YES, WE DID.

# 121 Q:

HE WOULD CALL?

# 122 A:

YES, HE DID.

# 123 Q:

AND WAS THERE ANY PATTERN TO THE NUMBER OF CALLS YOU WOULD RECEIVE FROM THE DEFENDANT ON THOSE OCCASIONS WHEN YOUR SISTER CAME TO THE BEACH HOUSE OR TO YOUR HOUSE ALONE?

# 124 MR. SHAPIRO:

OBJECTION. CALLS FOR SPECULATION, NO FOUNDATION AND IT IS IRRELEVANT.

# 125 THE COURT:

SUSTAINED.

# 126 Q:

BY MR. DARDEN: ON THOSE OCCASIONS WHEN YOUR SISTER WOULD COME -- STRIKE THAT. STRIKE THAT. ON THOSE OCCASIONS WHEN YOUR SISTER WAS IN LAGUNA BEACH OR VICTORIA BEACH ALONE, WOULD THE DEFENDANT CALL?

# 127 A:

YES, HE WOULD.

# 128 Q:

WOULD YOU ANSWER THE PHONE?

# 129 A:

SOMETIMES ON OCCASION.

# 130 Q:

AND ON THOSE OCCASIONS WHEN YOU ANSWERED THE PHONE WAS THERE A PATTERN AS TO WHAT THE DEFENDANT WOULD SAY TO YOU?

# 131 MR. SHAPIRO:

OBJECTION, YOUR HONOR. THERE IS NO FOUNDATION, NO SIGNIFICANCE AS TO WHAT TIME OR PLACE THIS OCCURRED.

# 132 THE COURT:

SUSTAINED.

# 133 Q:

BY MR. DARDEN: DO YOU RECALL WHEN IT WAS THAT THE DEFENDANT BOUGHT THE HOUSE IN VICTORIA BEACH?

# 134 A:

NO, I DON'T RECALL.

# 135 Q:

DO YOU RECALL IF IT WAS IN THE EIGHTIES AS OPPOSED TO THE NINETIES?

# 136 A:

YES, EIGHTIES.

# 137 Q:

ALL RIGHT. DO YOU KNOW THE EXACT DATE EACH AND EVERY TIME YOUR SISTER CAME TO VICTORIA BEACH?

# 138 A:

DO I KNOW THE EXACT DATE?

# 139 Q:

YEAH, THE EXACT DATES?

# 140 A:

NO.

# 141 Q:

OKAY. WERE THERE MANY OCCASIONS?

# 142 A:

YES.

# 143 MR. DARDEN:

COULD I HAVE ONE MOMENT, YOUR HONOR?

# 144 THE COURT:

CERTAINLY.

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

# 146 Q:

BY MR. DARDEN: WAS THERE EVER AN OCCASION WHEN YOUR SISTER CAME TO VICTORIA BEACH ALONE AND THE DEFENDANT DIDN'T CALL?

# 147 MR. SHAPIRO:

OBJECTION.

# 148 DENISE BROWN:

NO. SORRY.

# 149 MR. SHAPIRO:

NO FOUNDATION AS TO TIME.

# 150 THE COURT:

ALL RIGHT. THAT LAST QUESTION AND ANSWER WILL BE STRICKEN. THE JURY IS TO DISREGARD. MR. DARDEN.

# 151 MR. DARDEN:

MAY WE APPROACH FOR A MOMENT, YOUR HONOR?

# 152 THE COURT:

YUP. WITH THE REPORTER, PLEASE.

Temperature

emotional

Key Quotes (4)

Denise Brown

WE USED TO GO OUT TO DINNER, WE USED TO GO DANCING. UMM, WE DID FAMILY VACATIONS, SKI TRIPS. WE DID A LOT OF THINGS TOGETHER. WE WERE A FAMILY.

Establishes the intimate family context that makes the domestic violence more devastating — and inoculates the prosecution against the defense framing Nicole and OJ as simple adversaries.

Denise Brown

IT WAS RIGHT AFTER THE '89 INCIDENT.

Directly ties the injury photographs to the January 1989 domestic violence event, anchoring the evidence in a specific documented incident.

Denise Brown

NICOLE ASKED ME TO TAKE THEM FOR HER.

Establishes Nicole's own agency in documenting her injuries — she was preserving evidence of the abuse.

The Witness

NO. SORRY.

Denise spontaneously answers before the objection is completed — 'Was there ever an occasion when your sister came to Victoria Beach alone and the defendant didn't call?' — blurting out the damaging answer before it could be excluded. The court struck it anyway.

Evidence (5)

People's 9

Photograph of unknown subject, date, time, and place — excluded mid-proceeding by Judge Ito for lack of foundation

Excluded; jury instructed to disregard

People's 10

Photograph of Nicole Brown Simpson showing swelling over her right eye, taken by Denise after the 1989 domestic violence incident

Shown to jury via ELMO; foundation laid through Denise's testimony

People's 11

Photograph of Nicole Brown Simpson with right arm raised, showing a large bruise on the arm and injuries to the right side of her head/forehead

Shown to jury via ELMO; foundation laid through Denise's testimony

Informal

1993 audiotape of incident at Gretna Green, previously played for the jury

Referenced; Denise states she does not believe she heard it

Informal

Nicole's safe-deposit box at Union Bank (1989)

Referenced; Denise says she was unaware of it at the time

Notable Exchanges (3)

Lance A. Ito

Judge initially rules 'SUSTAINED. NOT SUSTAINED. NEXT QUESTION.' on a Shapiro objection — an apparent slip correcting himself in real time, effectively overruling after first sustaining.

procedural confusion

Christopher Darden•Robert Shapiro•Lance A. Ito

Darden repeatedly attempts to establish that OJ called every single time Nicole visited the beach house alone, framing it as a controlling pattern. Shapiro successfully blocks most of this with foundation and relevance objections. The one answer that slips through ('NO. SORRY.') is struck from the record.

strategic

Denise Brown•Christopher Darden

Darden deliberately elicits that not everything between Nicole and OJ was bad — good times, family vacations — before returning to abuse evidence, preempting defense arguments that Denise is biased.

strategic

Objections

9 objections (4 sustained, 4 overruled)

Proceeding 4644 • 152 utterances • Prosecution witness

Criminal Trial

Department 103