Redirect examination of Denise Brown (part 2)

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

Address:

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

TRIAL

▲ Day 13 of 167

◀ Sidebar: redirect examination Recross-examination of Denise Brown ▶

Witness: Denise Brown
Examiner: Christopher Darden
Called by: Prosecution • Date: Monday, February 6, 1995 • Utterances: 94

Christopher Darden uses redirect examination of Denise Brown to walk through Defense Exhibit 1002 — a videotape of OJ Simpson at Sydney's dance recital on the evening of June 12, 1994 — countering defense claims about Simpson's arthritis and physical limitations. The examination ends with a key observation from Denise: Simpson's demeanor inside the auditorium was markedly different from his public face outside, as he stood silently watching Nicole with no smile.

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

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. LADIES AND GENTLEMEN, PLEASE DISREGARD THE LAST QUESTION. MR. DARDEN.

# 3 Q:

BY MR. DARDEN: MISS BROWN, YOU MENTIONED THAT -- STRIKE THAT. CAN WE CONTINUE WITH THE VIDEOTAPE, YOUR HONOR?

# 4 THE COURT:

YES.

# 5 (AT 2:16 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

# 6 MR. DARDEN:

STOP THERE.

# 7 Q:

DID YOU SEE MR. SIMPSON SHAKE HANDS WITH YOUR FATHER THERE?

# 8 A:

YES, I DID.

# 9 Q:

NOW, DID MR. SIMPSON COMPLAIN TO YOU THAT HE WAS SUFFERING FROM SOME TYPE OF ACUTE ARTHRITIC FLARE-UP IN HIS HANDS?

# 10 A:

THEN?

# 11 Q:

YES.

# 12 A:

NO.

# 13 Q:

WAS THERE ANYTHING ABOUT HIS MANNERISMS THAT SUGGESTED TO YOU THAT HE WAS IN PAIN?

# 14 A:

NO.

# 15 Q:

DID HE WALK WITH A LIMP?

# 16 A:

NO.

# 17 Q:

BOTH YOUR SISTER, NICOLE, AND YOUR SISTER, DOMINIQUE, OWNED BLACK JEEP CHEROKEES?

# 18 A:

YES, THEY DID.

# 19 MR. DARDEN:

CONTINUE.

# 20 (THE VIDEOTAPE RESUMES PLAYING.)

# 21 MR. DARDEN:

STOP THERE.

# 22 Q:

YOU JUST SAW THE DEFENDANT LIFT HIS SON, JUSTIN; IS THAT CORRECT?

# 23 A:

RIGHT.

# 24 Q:

HOW MUCH WOULD YOU SAY JUSTIN WEIGHED BACK ON JUNE 12, 1994?

# 25 A:

HE WEIGHS ABOUT -- ABOUT 75 POUNDS.

KEY QUOTE

# 26 Q:

OKAY. AND MR. SIMPSON DIDN'T APPEAR TO HAVE ANY DIFFICULTY LIFTING HIS 75-POUND SON, DID HE?

# 27 A:

NO.

# 28 MR. DARDEN:

CONTINUE.

# 29 (THE VIDEOTAPE RESUMES PLAYING.)

# 30 MR. DARDEN:

STOP THERE.

# 31 Q:

HAVE YOU BEEN ABLE TO TELL AT ALL WHICH CAR NICOLE WAS IN?

# 32 A:

I HAVEN'T REALLY BEEN PAYING ATTENTION TO THE CARS.

# 33 MR. DARDEN:

OKAY.

# 34 DENISE BROWN:

I'M SORRY.

# 35 MR. DARDEN:

LET ME ROLL BACK THEN JUST A MOMENT TO THE ARRIVAL OF THE SECOND VEHICLE.

# 36 DENISE BROWN:

THERE IS A DIFFERENCE BETWEEN THE TWO.

# 37 Q:

BY MR. DARDEN: WHAT IS THAT DIFFERENCE?

# 38 A:

DOMINIQUE'S HAS A V-8 ON THE BACK AND NICOLE'S DOES NOT; A LITTLE SIGN ON THE RIGHT BACK CORNER.

KEY QUOTE

# 39 MR. DARDEN:

OKAY. WELL, LET'S GO BACK. STOP. PLAY.

# 40 (THE VIDEOTAPE RESUMES PLAYING.)

# 41 Q:

BY MR. DARDEN: LET US KNOW IF YOU SEE THE EMBLEM FROM THE BACK OF THE FIRST CHEROKEE?

# 42 A:

I THINK I DID.

# 43 Q:

OKAY. OKAY. YOU SAW AN EMBLEM IN THE LOWER RIGHT-HAND CORNER OF THAT BLACK CHEROKEE?

# 44 A:

I THINK SO.

# 45 MR. DARDEN:

LET ME STOP.

# 46 THE COURT:

DO WE HAVE A SLOMO CAPABILITY ON THIS VCR? LET ME ASK. DO WE HAVE A SLOMO AND/OR FREEZE FRAME? OBVIOUSLY FREEZE FRAME.

# 47 MR. COCHRAN:

YOUR HONOR, I MAY BE ABLE TO ANSWER A QUESTION. THERE IS ANOTHER TAPE THAT WE CAN PRESENT OF THE CAR.

# 48 MR. DARDEN:

IF MR. COCHRAN WANTS TO TAKE THE WITNESS STAND, JUDGE.

# 49 MR. COCHRAN:

I AM ANSWERING HIS QUESTION.

# 50 THE COURT:

I WANT TO KNOW DO WE HAVE THE SLOMO CAPABILITY ON THIS VCR?

# 51 MR. DARDEN:

NO.

# 52 THE COURT:

OKAY.

# 53 MR. DARDEN:

WE HAVE ALL THIS OTHER SPACE AGE STUFF AND NO SLOMO.

KEY QUOTE

# 54 Q:

MISS BROWN, YOU THINK YOU SAW THE V-8 EMBLEM ON THE RIGHT REAR OF THE FIRST CAR?

# 55 A:

I THINK THERE WAS SOMETHING THERE.

# 56 Q:

AND THAT VEHICLE WOULD HAVE BEEN DRIVEN BY YOUR SISTER, DOMINIQUE?

# 57 A:

RIGHT.

# 58 Q:

SO THE SECOND THEN WOULD BE THE ONE DRIVEN BY YOUR SISTER NICOLE?

# 59 A:

RIGHT.

# 60 Q:

DID YOU EVER SEE THE DEFENDANT ADDRESS YOUR SISTER, NICOLE, THAT AFTERNOON?

# 61 A:

THAT EVENING, NO.

# 62 MR. DARDEN:

CONTINUE THE TAPE.

# 63 (THE VIDEOTAPE RESUMES PLAYING.)

# 64 MR. DARDEN:

STOP IT THERE.

# 65 Q:

NOW, THE DEFENDANT'S DEMEANOR UP TO THE POINT THAT HE SMILES AT DR. FISCHMAN APPARENTLY, IS THAT HIS NORMAL PUBLIC DEMEANOR?

# 66 A:

BEFORE HE SMILES AT HIM?

# 67 Q:

YES.

# 68 A:

NO, HE IS USUALLY HAPPY.

# 69 Q:

AND DID HE APPEAR HAPPY UP TO THE POINT IN WHICH YOU SAW HIM SMILE?

# 70 A:

NO, HE JUST -- NO, NOT REALLY. NOTHING IN PARTICULAR.

# 71 Q:

OKAY. NOW -- GO AHEAD AND PLAY THE TAPE.

# 72 (THE VIDEOTAPE RESUMES PLAYING.)

# 73 MR. DARDEN:

STOP IT HERE.

# 74 Q:

OKAY. WAS THERE ANYTHING AT ALL UNUSUAL ABOUT THE WAY THE DEFENDANT USED HIS HANDS THAT AFTERNOON THAT YOU SAW?

# 75 A:

NO.

# 76 Q:

OKAY. NOW, YOU TOLD US THAT YOU HAD AN ALCOHOL PROBLEM, RIGHT?

# 77 A:

YES.

# 78 Q:

DID THE DEFENDANT HAVE AN ALCOHOL PROBLEM?

# 79 MR. SHAPIRO:

OBJECTION.

# 80 THE COURT:

SUSTAINED.

# 81 MR. DARDEN:

IF I MIGHT HAVE ONE MOMENT, YOUR HONOR, I THINK I'M DONE.

# 82 THE COURT:

SURE.

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

# 84 Q:

BY MR. DARDEN: NOW, YOU JUST SAW THE DEFENDANT'S DEMEANOR IN THE VIDEOTAPE OUTSIDE THE RECITAL; IS THAT CORRECT?

# 85 A:

RIGHT.

# 86 Q:

IS THAT THE WAY HE APPEARED INSIDE THE RECITAL, THAT IS, HIS DEMEANOR?

# 87 A:

NO.

# 88 Q:

HE WAS DIFFERENT INSIDE?

# 89 A:

YES.

# 90 Q:

HIS DEMEANOR AT THE REAR OF THE AUDITORIUM WAS DIFFERENT THAN IT WAS OUT IN PUBLIC IN FRONT OF THESE OTHER PEOPLE?

# 91 A:

YES.

# 92 Q:

AND WHAT WAS THE DIFFERENCE? WHAT IS THE DIFFERENCE?

# 93 A:

WELL, AT THE END OF THIS TAPE HE WAS LAUGHING AND SMILING AND SHOWING. INSIDE THE AUDITORIUM HE WASN'T. INSIDE THE AUDITORIUM HE WAS WATCHING NICOLE AND LOOKING AND NO SMILE ON HIS FACE AT ALL.

# 94 MR. DARDEN:

THANK YOU.

Temperature

procedural

Key Quotes (4)

Denise Brown

INSIDE THE AUDITORIUM HE WASN'T. INSIDE THE AUDITORIUM HE WAS WATCHING NICOLE AND LOOKING AND NO SMILE ON HIS FACE AT ALL.

Darden's closing punch — establishing Simpson was fixated on Nicole in a different emotional state than his cheerful public demeanor, suggesting jealousy or obsession hours before the murders.

Denise Brown

HE WEIGHS ABOUT -- ABOUT 75 POUNDS.

Sets up the immediately following point that Simpson lifted his 75-pound son Justin without apparent difficulty, directly undermining the defense's arthritic flare-up narrative.

Denise Brown

DOMINIQUE'S HAS A V-8 ON THE BACK AND NICOLE'S DOES NOT; A LITTLE SIGN ON THE RIGHT BACK CORNER.

Denise volunteers an unprompted detail distinguishing the two sisters' identical black Jeep Cherokees, helping establish which vehicle Nicole arrived in.

Christopher Darden

WE HAVE ALL THIS OTHER SPACE AGE STUFF AND NO SLOMO.

Rare moment of levity — Darden's dry frustration at the courtroom's high-tech setup lacking slow-motion VCR capability.

Evidence (1)

Defense Exhibit 1002

Videotape of OJ Simpson at Sydney Simpson's dance recital, afternoon/evening of June 12, 1994

Played in segments with Darden stopping and restarting to question Denise about specific moments

Notable Exchanges (1)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Ito asks whether the VCR has slow-motion capability. Cochran volunteers that he has another tape of the car. Darden quips 'If Mr. Cochran wants to take the witness stand, Judge.' Cochran insists he's answering the judge's question.

bickering/light

Light Moments (2)

Christopher Darden

Darden's exasperated remark about the courtroom's technology: 'WE HAVE ALL THIS OTHER SPACE AGE STUFF AND NO SLOMO.'

Christopher Darden

Cochran tries to answer the judge's question about the VCR; Darden suggests he take the witness stand if he wants to testify.

Credibility Attacks (1)

⚔ OJ Simpson (indirect)

Prior conduct / videotape evidence

Darden uses the recital tape to rebut defense claims of arthritic flare-up: Simpson shakes hands, lifts a 75-pound child, and moves without visible pain or limp.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4705 • 94 utterances • Prosecution witness

Criminal Trial

Department 103