Redirect examination of Denise Brown (part 1)

📄 Redirect examination of Denise Brown (part 1) — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Cross-examination of Denise Brown (part 3) Sidebar: redirect examination ▶

Witness: Denise Brown
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 69

Darden uses redirect to rehabilitate and add context to testimony Shapiro elicited on cross. He draws attention to Sydney Simpson's unhappy expression in a video contrasted with OJ's smile, then establishes that Denise's former abusive boyfriend Ed McCabe had a professional and personal relationship with OJ Simpson — doing Hertz advertising and having OJ as his best man. The examination ends abruptly when Darden asks about Ron Fischman avoiding a subpoena, triggering a sidebar.

# 1

BY MR. DARDEN:

# 2 Q:

MISS BROWN, WOULD YOU TAKE A LOOK AT SYDNEY'S EXPRESSION, THE EXPRESSION ON HER FACE.

# 3 A:

YUP.

# 4 Q:

THE DEFENDANT IS SMILING; ISN'T THAT CORRECT?

# 5 A:

YES, HE IS.

# 6 Q:

IS SYDNEY SMILING?

# 7 A:

NO, SHE IS NOT.

# 8 Q:

AND SHE IS LOOKING AWAY, ISN'T SHE?

# 9 A:

YES, SHE IS.

# 10 Q:

SHE JUST DANCED IN A RECITAL AT HER SCHOOL, HAD SHE NOT?

# 11 A:

YES, SHE DID.

# 12 MR. DARDEN:

THANK YOU.

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

# 14 MR. DARDEN:

THANK YOU, MR. DOUGLAS.

# 15 Q:

YOU TOLD MR. SHAPIRO ABOUT ED MC CABE, A FORMER BOYFRIEND OF YOURS?

# 16 A:

YES.

# 17 Q:

AND YOU TOLD US THAT HE IS IN THE ADVERTISING BUSINESS; IS THAT CORRECT?

# 18 A:

YES.

# 19 Q:

WAS HE IN THE ADVERTISING BUSINESS IN THE EARLY EIGHTIES?

# 20 A:

YES, HE WAS.

# 21 Q:

WAS HE IN THE ADVERTISING BUSINESS THAT NIGHT WHEN -- THAT NIGHT WHEN HE THREW YOU AND YOUR SISTER OUT OF THE HOUSE?

# 22 A:

YES, HE WAS.

# 23 MR. SHAPIRO:

EXCUSE ME.

# 24 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 25 MR. DARDEN:

WAS THERE AN OBJECTION, YOUR HONOR?

# 26 MR. SHAPIRO:

YES, YOUR HONOR, THERE IS AN OBJECTION.

# 27 THE COURT:

WHAT IS THE GROUNDS?

# 28 MR. SHAPIRO:

ON THE GROUNDS THAT THAT QUESTION IS AN IMPROPER QUESTION ON CROSS-EXAMINATION. WHETHER HE IS IN THE ADVERTISING BUSINESS HAS NOTHING TO DO WITH BEING THROWN OUT OF A HOUSE AND IT IS OBVIOUSLY PREJUDICIAL.

# 29 THE COURT:

OVERRULED. OVERRULED.

# 30 Q:

BY MR. DARDEN: DID HE WORK FOR HERTZ BACK IN THE EARLY EIGHTIES, THAT IS, ED MC CABE?

# 31 A:

ED MC CABE DID THE ADVERTISING.

# 32 Q:

HE DID ADVERTISING FOR HERTZ?

# 33 A:

YES, HE DID.

# 34 Q:

AND HE IS STILL IN THE ADVERTISING BUSINESS, ISN'T HE?

# 35 A:

RIGHT NOW?

# 36 Q:

YES.

# 37 A:

YES.

# 38 Q:

OKAY. AND BACK IN THE EARLY EIGHTIES, WHEN MR. MC CABE WAS DOING ADVERTISING FOR HERTZ, MR. SIMPSON WAS THEIR NO. 1 SPOKESMAN, WASN'T HE?

# 39 A:

YES, HE WAS.

# 40 Q:

ARE YOU AWARE THAT MR. MC CABE IS MARRIED NOW?

# 41 A:

I HEARD THAT HE HAD GOTTEN MARRIED, YES.

# 42 Q:

DID YOU ALSO HEAR THAT THE DEFENDANT WAS HIS BEST MAN AT HIS WEDDING?

KEY QUOTE

# 43 A:

I DID HEAR THAT, YES.

# 44 Q:

YOU ALSO TOLD MR. SHAPIRO THAT YOUR SISTER WAS INTELLIGENT AND STRONG AND TOUGH; IS THAT CORRECT?

# 45 A:

YES.

# 46 Q:

DID SHE HAVE A HABIT OF KEEPING THINGS TO HERSELF?

# 47 A:

YES, SHE DID.

# 48 Q:

SO SHE WAS STRONG THAT WAY, WASN'T SHE?

# 49 A:

SHE WAS VERY STRONG-WILLED.

KEY QUOTE

# 50 Q:

YOU SAW THE VIDEO A MOMENT AGO?

# 51 A:

YES.

# 52 Q:

DID YOU SEE THE DEFENDANT PICK UP JUSTIN?

# 53 A:

YES, I DID.

# 54 Q:

DID YOU SEE HIM SHAKE HANDS WITH DIFFERENT PEOPLE?

# 55 A:

YES.

# 56 Q:

DID YOU SEE HIM POINT HIS FINGER?

# 57 A:

UMM, I DON'T REMEMBER.

# 58 MR. DARDEN:

CAN WE RUN THE VIDEO ONE MORE TIME?

# 59 THE COURT:

SURE.

# 60 (AT 2:13 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

# 61 MR. DARDEN:

CAN YOU STOP THERE FOR A MOMENT.

# 62 Q:

OKAY. YOU JUST SAW RON FISCHMAN; IS THAT CORRECT?

# 63 A:

YES, I DID.

# 64 Q:

IS HE SOMEONE YOU HAVE SEEN SINCE YOUR SISTER WAS MURDERED?

# 65 A:

YES, I HAVE.

# 66 Q:

DO YOU KNOW OF ANY REASON WHY HE WOULD AVOID A SUBPOENA IN THIS CASE?

KEY QUOTE

# 67 MR. SHAPIRO:

OBJECTION. MAY WE APPROACH, YOUR HONOR?

# 68 THE COURT:

WITH THE COURT REPORTER, PLEASE.

# 69 MR. SHAPIRO:

YES.

Temperature

tense

Key Quotes (3)

Denise Brown

SHE WAS VERY STRONG-WILLED.

Reframes Nicole's silence about abuse — not weakness or fabrication, but a character trait Shapiro himself introduced on cross.

Christopher Darden

DID YOU ALSO HEAR THAT THE DEFENDANT WAS HIS BEST MAN AT HIS WEDDING?

Ties OJ directly to Ed McCabe, the man who physically threw Denise and Nicole out of a house — undermining any attempt to use McCabe as a character reference or neutral party.

Christopher Darden

DO YOU KNOW OF ANY REASON WHY HE WOULD AVOID A SUBPOENA IN THIS CASE?

Explosive question about Ron Fischman that immediately draws a defense objection and sidebar — suggests prosecution is hinting at witness avoidance in Simpson's social circle.

Evidence (1)

Defense Exhibit 1002

Videotape played in court, showing OJ Simpson smiling, picking up Justin, shaking hands, and Ron Fischman visible in footage

replayed at Darden's request during redirect

Notable Exchanges (3)

Christopher Darden•Denise Brown

Darden points out Sydney's expression in the video — she is not smiling and is looking away — while OJ is smiling. A silent but pointed contrast.

strategic

Christopher Darden•Denise Brown

Darden establishes that Ed McCabe — the man Shapiro raised who abused Denise — did Hertz advertising for OJ, and OJ served as his best man. Converts Shapiro's attack into a connection that implicates OJ's world.

revealing

Christopher Darden•Robert Shapiro•Judge

Darden asks whether Denise knows why Ron Fischman would avoid a subpoena. Shapiro immediately objects and requests a sidebar with the court reporter.

heated

Credibility Attacks (1)

⚔ Ed McCabe

contextual reframing

Shapiro had introduced McCabe on cross as a former boyfriend who treated Denise poorly. Darden reframes him as a close OJ associate — same orbit, same pattern of behavior — neutralizing any implication that Denise's experience with McCabe was unrelated to OJ.

Objections

2 objections (0 sustained, 1 overruled)

Proceeding 4683 • 69 utterances • Prosecution witness

Criminal Trial

Department 103