Cross-examination of Pablo Fenjves

📄 Cross-examination of Pablo Fenjves — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\CROSS-EXAMINATION-OF-PABLO-FEN.DOC

TRIAL

▲ Day 14 of 167

◀ Direct examination of Pablo Fenjves Redirect examination of Pablo Fenjves (part 1) ▶

Witness: Pablo Fenjves
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 379

Johnnie Cochran cross-examines Pablo Fenjves, a neighbor who heard Nicole Brown Simpson's dog barking on the night of June 12, 1994. Cochran focuses on discrepancies between the police report (which logged the barking at 10:15-10:30 p.m.) and what Fenjves says he actually told officers (10:15-10:20), while also probing whether the police report accurately captured his observations — including a claim he went on the porch and saw a Jeep. Fenjves holds his ground on most points but concedes the police may have made some errors.

# 1 THE COURT:

MR. COCHRAN.

# 2 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 3

CROSS-EXAMINATION

# 4

BY MR. COCHRAN:

# 5 Q:

GOOD AFTERNOON, MR. FENJVES.

# 6 A:

GOOD AFTERNOON, SIR.

# 7 Q:

DIRECTING YOUR ATTENTION BACK TO THE DATE OF JUNE 12TH, 1994 IN THE EVENING HOURS -- THAT WAS A SUNDAY EVENING; WAS IT NOT, SIR?

# 8 A:

THAT IS CORRECT.

# 9 Q:

AND YOU WERE AT HOME AT YOUR RESIDENCE ON GRETNA GREEN; IS THAT CORRECT?

# 10 A:

THAT IS CORRECT.

# 11 Q:

AND AS I UNDERSTAND YOUR TESTIMONY, THE 800 BLOCK OF GRETNA GREEN, YOU HAVE A VANTAGE POINT WHERE IF YOU LOOK DOWN THIS ALLEY, SOUTH DOWN THE ALLEY, YOU SEE THE NORTHERN MOST PORTION OF THE RESIDENCE THERE ON BUNDY; IS THAT CORRECT?

# 12 A:

THAT IS CORRECT.

# 13 Q:

NOW, AT THE TIME, ON JUNE 12TH, 1994, YOU DID NOT KNOW WHO LIVED AT THIS PARTICULAR RESIDENCE, DID YOU?

# 14 A:

NO, I DID NOT.

# 15 Q:

AND ON THAT PARTICULAR EVENING -- SO YOU DIDN'T KNOW IT WAS NICOLE BROWN SIMPSON OR ANYONE ELSE AT THAT POINT, DID YOU?

# 16 A:

NO, I DID NOT.

# 17 Q:

AND ON THAT EVENING, AS I UNDERSTAND YOUR TESTIMONY, YOU WERE WATCHING WHAT YOU BELIEVE TO BE THE CHANNEL 5 NEWS AT 10:00 O'CLOCK; IS THAT RIGHT?

# 18 A:

THAT IS RIGHT.

# 19 Q:

AND YOU HAD OCCASION, DID YOU NOT, TO SPEAK WITH SOME MEMBERS OF THE LOS ANGELES POLICE DEPARTMENT; TO WIT, OFFICERS TIPPIN, T-I-P-P-I-N, AND CARR, C-A-R-R, ALONG WITH YOUR WIFE, WHOSE NAME IS -- IS IT JAI OR JIE?

# 20 A:

JAI.

# 21 Q:

-- JAI FENJVES ABOUT 9:10 IN THE MORNING ON JUNE 13TH; IS THAT CORRECT?

# 22 A:

THAT IS ALSO CORRECT.

# 23 Q:

AND WHEN YOU FIRST TALKED TO THESE POLICE OFFICERS, THE EVENTS FROM THE NIGHT BEFORE WERE FAIRLY FRESH IN YOUR MIND; IS THAT CORRECT?

# 24 A:

YES, SIR.

# 25 Q:

AND OF COURSE, IN ADDRESSING AND TALKING TO THE POLICE OFFICERS, YOU TOLD THEM THE TRUTH ABOUT EVERYTHING AS BEST YOU KNEW, RIGHT?

# 26 A:

YES, SIR.

# 27 Q:

AND IT'S TRUE, IS IT NOT, THAT YOU TOLD THE POLICE OFFICERS THAT IT WAS AT ABOUT BETWEEN 10:15 AND 10:30 P.M. THAT YOU AND YOUR WIFE HEARD A DOG BARKING UNCONTROLLABLY TO THE REAR OF YOUR RESIDENCE? IS THAT THE WAY YOU PHRASED IT TO THE POLICE OFFICERS?

# 28 A:

NO. FIRST OF ALL, I DO NOT REMEMBER TELLING THEM 10:15 TO 10:30. I REMEMBER TELLING THEM 10:15 TO 10:20.

# 29 Q:

ALL RIGHT. LET ME STOP YOU RIGHT THERE. LET ME --

# 30 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE TO APPROACH HIM WITH A STATEMENT FORM AND HAVE HIM TAKE A LOOK AT IT AND I WANT TO HAVE HIM READ SOMETHING. COUNSEL, THIS IS PAGE 100369.

# 31 THE COURT:

ALL RIGHT. YOU MAY APPROACH.

# 32 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 33 Q:

BY MR. COCHRAN: I WANT TO ASK YOU -- FIRST OF ALL, READ THE PORTION TO YOURSELF, AND I'LL ASK YOU SOME QUESTIONS ABOUT IT.

# 34 (WITNESS COMPLIES.)

# 35 Q:

HAVE YOU READ THAT, SIR?

# 36 A:

YES, SIR.

# 37 Q:

ALL RIGHT.

# 38 MR. COCHRAN:

IF I MAY BE ALLOWED TO ASK A COUPLE QUESTIONS FROM HERE, YOUR HONOR.

# 39 Q:

BY MR. COCHRAN: SO IF THERE'S AN INDICATION THAT YOU INDICATED TO THE POLICE THAT YOU AND YOUR WIFE HAD LIVED AT THIS LOCATION AT 862 GRETNA GREEN WAY FOR ABOUT TWO YEARS, WOULD THAT BE ACCURATE?

# 40 A:

YES, THAT IS ACCURATE.

# 41 Q:

WOULD IT BE ACCURATE THAT LAST NIGHT, THAT IS JUNE 12TH, 1994 --

# 42 MS. CLARK:

YOUR HONOR, OBJECTION. WHAT'S THE PURPOSE OF THIS? THERE'S NO IMPEACHMENT BEING OFFERED. I WOULD LIKE AN OFFER OF PROOF AT SIDEBAR.

# 43 THE COURT:

OVERRULED.

# 44 MS. CLARK:

WHAT'S THE POINT?

# 45 MR. COCHRAN:

MAY I PROCEED?

# 46 THE COURT:

OVERRULED.

# 47 Q:

BY MR. COCHRAN: "LAST NIGHT, JUNE 12, 1994, WITNESS AND HIS WIFE WERE WATCHING THE CHANNEL 5 NEWS AT 10:00 O'CLOCK P.M." IS THAT ACCURATE?

# 48 A:

THAT IS CORRECT.

# 49 Q:

"AT APPROXIMATELY 10:15 TO 10:30 P.M., WITNESSES HEARD A DOG BARKING UNCONTROLLABLY TO THE REAR OF THEIR RESIDENCE." DO YOU RECALL SO INDICATING TO THE POLICE?

# 50 A:

I RECALL ACTUALLY POINTING TO THE POLICE THE SPECIFIC LOCATION THAT I HEARD THE BARKING SOUND COMING FROM.

# 51 Q:

LET ME GET BACK TO MY QUESTION, OKAY. MY QUESTION IS, DO YOU RECALL SO INDICATING TO THE POLICE, THAT AT ABOUT 10:15 TO 10:30, WITNESSES, YOU AND YOUR WIFE, HEARD A DOG BARKING UNCONTROLLABLY TO THE REAR OF THAT RESIDENCE? DID YOU SO INDICATE THAT TO THE POLICE?

# 52 A:

NO, SIR. AS I TOLD YOU, I TOLD THEM THAT I HEARD THE DOG BARKING BETWEEN 10:15 AND 10:20.

KEY QUOTE

# 53 Q:

SO IF THEY HAVE THAT WRONG, THEY'RE WRONG; IS THAT RIGHT?

# 54 A:

THAT IS POSSIBLE BECAUSE I DID NOT SAY THAT.

# 55 Q:

OKAY. DID YOU THEN TELL THE POLICE, SIR, THAT YOU WENT OUTSIDE ON YOUR REAR PORCH TO LOOK?

# 56 A:

NO, SIR, I DID NOT TELL THEM THAT EITHER.

# 57 Q:

YOU DIDN'T TELL THE POLICE THAT EITHER?

# 58 A:

NO, SIR.

# 59 Q:

THAT YOU LOOKED TO THE SOUTH TOWARD NICOLE SIMPSON'S RESIDENCE; IS THAT CORRECT?

# 60 A:

THAT IS CORRECT. I DID THAT FROM THE MASTER BEDROOM.

# 61 Q:

ALL RIGHT. DID YOU GO OUT ON THE PORCH AND DO THAT?

# 62 A:

NO, I DID NOT, SIR.

# 63 Q:

DO YOU HAVE A PORCH THAT LOOKS OUT?

# 64 A:

I HAVE A PORCH, AND BASICALLY I JUST POPPED OPEN THE PLANTATION SHUTTERS AND LOOKED OUT AND --

# 65 Q:

CAN YOU LISTEN TO MY QUESTION? DO YOU HAVE A PORCH?

# 66 A:

YES, SIR, I DO HAVE A PORCH.

# 67 Q:

DID YOU EVER ON JUNE 12TH IN THE LATE EVENING HOURS GO OUT ON THE PORCH AND LOOK SOUTH DOWN THE ALLEYWAY?

# 68 A:

NO, SIR.

# 69 MS. CLARK:

MAY I ASK COUNSEL BE INSTRUCTED TO GO BACK TO COUNSEL TABLE?

# 70 MR. COCHRAN:

I'M STILL NOT FINISHED WITH THE REPORT.

# 71 THE COURT:

DO YOU HAVE ANY OTHER QUESTIONS AS TO THE REPORT?

# 72 MR. COCHRAN:

YES, THERE IS.

# 73 MS. CLARK:

WHY DOESN'T HE LEAVE THE REPORT WITH THE WITNESS?

# 74 THE COURT:

NO.

# 75 MR. COCHRAN:

YOUR HONOR, THIS IS CROSS-EXAMINATION. MAY I PROCEED?

# 76 THE COURT:

YOU MAY.

# 77 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 78 Q:

BY MR. COCHRAN: NOW, SO IN ANSWER TO THE QUESTION, YOU NEVER WENT OUT ON THIS PORCH ACTUALLY; IS THAT RIGHT, SIR?

# 79 A:

NO, SIR, I DO NOT RECALL GOING OUT ON THE PORCH.

# 80 Q:

AND ALSO, AT THAT TIME, ON JUNE 13, 1994 IN THE EARLY MORNING HOURS, YOU DIDN'T KNOW WHOSE RESIDENCE THIS WAS DOWN THERE, DID YOU?

# 81 A:

NO, SIR, I DID NOT.

# 82 Q:

DID YOU EVER TELL THE POLICE THAT, "HE OBSERVED A JEEP PARKED IN THE DRIVEWAY BUT SAW NO SUSPECTS, VEHICLES OR ACTIVITY"? DID YOU TELL THE POLICE THAT?

# 83 A:

I THINK THERE WAS A LITTLE BIT OF MISUNDERSTANDING IF I CAN CLARIFY THAT.

# 84 Q:

CAN YOU LISTEN TO MY QUESTION?

# 85 A:

NO, I DID NOT TELL THE POLICE THAT.

# 86 MS. CLARK:

OBJECTION, YOUR HONOR. THE WITNESS SHOULD BE ALLOWED TO EXPLAIN HIS ANSWER.

# 87 THE COURT:

HOLD ON. HE WILL. MR. COCHRAN, I DON'T SEE ANY NEED FOR YOU TO BE THERE AT THIS POINT.

# 88 MR. COCHRAN:

JUST ONE MORE, THEN I WILL BE ON MY WAY.

# 89 THE COURT:

ALL RIGHT. WELL, DO YOU NEED TO SHOW HIM SOMETHING THAT'S THERE?

# 90 MR. COCHRAN:

YES, I DO. I WOULD LIKE FOR HIM --

# 91 Q:

BY MR. COCHRAN: NOW, I WOULD LIKE FOR YOU TO READ FROM THIS POINT TO THE END TO YOURSELF, OKAY?

# 92 A:

(WITNESS COMPLIES).

# 93 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 94 Q:

BY MR. COCHRAN: HAVE YOU READ THAT?

# 95 A:

YES.

# 96 MR. COCHRAN:

OKAY. MAY I RETURN OVER THERE NOW, YOUR HONOR?

# 97 THE COURT:

YES, PLEASE.

# 98 Q:

BY MR. COCHRAN: NOW, MR. FENJVES, SIR, YOU NEVER TOLD THE POLICE THAT YOU OBSERVED A JEEP PARKED IN THE DRIVEWAY, BUT SAW NO SUSPECTS, VEHICLES OR ACTIVITY? YOU NEVER TOLD THEM THAT OR DID YOU TELL THEM THAT?

# 99 A:

A VARIATION ON THAT THEME, MIGHT HAVE --

# 100 Q:

VARIATION ON THE THEME?

# 101 A:

YES.

# 102 Q:

OKAY. WELL, LET'S SEE. LET'S SEE IF WE CAN FIGURE OUT WHAT PART YOU TOLD THEM.

# 103 A:

IF I COULD BE ALLOWED TO EXPLAIN IT.

# 104 Q:

YOU WILL BE. YOU WILL BE. I'M JUST TRYING TO FIGURE OUT WHETHER OR NOT THE REPORT IS ACCURATE FIRST, AND THEN YOU CAN EXPLAIN, SIR. OKAY? DID YOU, WHEN YOU LOOKED THROUGH YOUR SHUTTERS, SEE A JEEP PARKED IN THE DRIVEWAY THAT NIGHT?

# 105 A:

NO, I DID NOT.

# 106 Q:

OKAY. DID YOU SEE ANY SUSPECTS WHEN YOU LOOKED THROUGH YOUR SHUTTERS THAT NIGHT?

# 107 A:

NO, I DID NOT.

# 108 Q:

DID YOU SEE ANY VEHICLES WHEN YOU LOOKED THROUGH YOUR SHUTTERS THAT NIGHT?

# 109 A:

NO, I DID NOT.

# 110 Q:

DID YOU SEE ANY ACTIVITY WHEN YOU LOOKED THROUGH YOUR SHUTTERS THAT NIGHT?

# 111 A:

NOTHING AT ALL UNUSUAL.

# 112 Q:

AND THEN YOU ALSO TOLD THE OFFICERS, DID YOU NOT, THAT NEITHER YOU NOR YOUR WIFE KNEW WHO LIVED IN THE HOUSE AT THAT POINT; ISN'T THAT CORRECT?

# 113 A:

THAT IS CORRECT, SIR.

# 114 Q:

AND YOU TOLD THE OFFICERS, DID YOU NOT, THAT THE DOG CONTINUED TO BARK UNTIL YOU WENT TO BED AT APPROXIMATELY 11:30; IS THAT ACCURATE?

# 115 A:

I ACTUALLY WENT TO BED AT 11:00. I MAY HAVE GONE TO SLEEP BY 11:30, BUT I DID TELL THEM THAT I HEARD THE DOG AFTER I HAD RETURNED TO BED.

# 116 Q:

ALL RIGHT. SO THAT'S FAIRLY ACCURATE, 11:00 TO 11:30?

# 117 A:

YES, SIR, THAT IS CORRECT.

# 118 Q:

NOW, LET'S BACK UP. YOU WANTED TO EXPLAIN TO US THAT YOU TOLD THE OFFICERS SOMETHING THAT WAS OBVIOUSLY NOT CORRECT IN THE STATEMENT THAT I READ YOU; IS THAT CORRECT?

# 119 A:

THAT IS CORRECT.

# 120 Q:

ALL RIGHT. DID YOU TELL THEM AT SOME POINT, SIR, THAT YOU HAD SEEN A JEEP AT THAT LOCATION ON OTHER OCCASIONS, A FEW DAYS BEFORE?

# 121 A:

I MAY HAVE SAID THAT I HAD SEEN A JEEP THERE, BUT I DON'T RECALL THAT. I'M SORRY.

# 122 Q:

YOU DON'T RECALL THAT AT ALL. ALL RIGHT. AND THE JEEP, IF YOU SAW THAT JEEP THERE, WHAT COLOR WAS IT?

# 123 A:

THE JEEP IN QUESTION WAS A GREEN JEEP.

# 124 Q:

DARK GREEN?

# 125 A:

YES, SIR.

# 126 Q:

ALL RIGHT. AND HAD YOU --

# 127 A:

I BELIEVE IT WAS GREEN.

# 128 Q:

YOUR BEST RECOLLECTION?

# 129 A:

RIGHT.

# 130 Q:

AND THIS DARK GREEN JEEP, HAD YOU SEEN THAT AT TIMES BEFORE JUNE 12TH, 1994?

# 131 A:

I BELIEVE I MAY HAVE SEEN THAT SAME JEEP IN THE ALLEY.

# 132 Q:

NOW, WITH REGARD TO THE TIMING ON THE EVENING THIS HAPPENED, YOU AND YOUR WIFE DISAGREE AS TO THE TIME THAT YOU FIRST HEARD THIS BARKING, DON'T YOU?

# 133 A:

DO WE?

# 134 Q:

YEAH. DO YOU? I'M ASKING YOU.

# 135 A:

NOT TO MY RECOLLECTION.

# 136 Q:

AND SHE WAS PRESENT DURING THIS INTERVIEW THAT YOU HAD WITH THE POLICE ON JUNE 13TH, IS THAT CORRECT, THE NEXT MORNING?

# 137 A:

WELL, SHE WAS PRESENT FOR PART OF IT, BUT THEY BASICALLY FOCUSED THEIR ATTENTION ON ME AND SHE WENT ABOUT SOME OTHER BUSINESS SHE HAD TO TAKE CARE OF.

# 138 Q:

BUT SHE ALSO TALKED TO THEM DURING THAT INTERVIEW; DID SHE NOT?

# 139 A:

VERY BRIEFLY, I BELIEVE SHE DID, YES.

# 140 Q:

NOW, SIR, AFTER A PERIOD OF TIME WHETHER IT WAS 10:20 OR WHATEVER TIME, ABOUT FIVE TO SEVEN MINUTES AFTER YOU FIRST HEARD THE BARKING, YOU THEN LEFT FROM YOUR BEDROOM AREA, AND THAT'S WHEN YOU WENT DOWNSTAIRS TO YOUR OFFICE AREA; IS THAT CORRECT?

# 141 A:

YES, SIR.

# 142 Q:

AND AS I UNDERSTAND YOUR TESTIMONY, DURING THIS PERIOD OF TIME, YOUR OFFICE IS FAIRLY SECURE?

# 143 A:

YES, SIR.

# 144 Q:

SO YOU COULDN'T HEAR WHAT WAS GOING ON AT THAT POINT. IS THAT A FAIR STATEMENT?

# 145 A:

THAT IS CORRECT.

# 146 Q:

AND AS I UNDERSTAND FURTHER, SO THAT IF IT'S NOW CLOSE TO 10:30, YOU STAYED IN YOUR OFFICE FOR MAYBE HALF AN HOUR, THEREABOUTS?

# 147 A:

THAT IS CORRECT.

# 148 Q:

AND SO THEN IT WOULD BE APPROXIMATELY 11:00 O'CLOCK WHEN YOU RETURNED BACK UPSTAIRS TO THE BEDROOM AREA; IS THAT CORRECT?

# 149 A:

IT WAS 11:00 O'CLOCK.

# 150 Q:

IT WAS 11:00 O'CLOCK? AND NOW, WITH REGARD TO -- YOU WERE DOWNSTAIRS IN YOUR OFFICE SOMEWHERE AROUND A HALF HOUR?

# 151 A:

30 TO 40 MINUTES.

# 152 Q:

OKAY. AND YOUR WIFE, DO YOU KNOW WHERE WAS SHE WHEN YOU LEFT TO GO DOWN TO YOUR OFFICE?

# 153 A:

I BELIEVE SHE WAS -- I BELIEVE SHE STAYED IN THE MASTER BEDROOM. I DON'T KNOW WHETHER SHE CLOSED THE BALCONY DOORS. I HAVE NO IDEA.

# 154 Q:

OKAY. THE QUESTION NOW RELATES TO WHERE SHE WAS WHEN YOU LEFT. SHE WAS IN THE MASTER BEDROOM?

# 155 A:

YES, SIR.

# 156 Q:

AND DID YOU EVER SEE HER DURING THIS 30- TO 40-MINUTE PERIOD DOWNSTAIRS IN YOUR OFFICE?

# 157 A:

NO, SIR.

# 158 Q:

WHEN YOU RETURNED BACK UPSTAIRS TO YOUR OFFICE, WAS SHE STILL IN THE MASTER BEDROOM?

# 159 A:

YES, SHE WAS.

# 160 Q:

ALL RIGHT. WAS SHE STILL IN THE SAME GENERAL AREA WHERE YOU HAD LEFT HER?

# 161 A:

YES. WHATEVER SHE HAD BEEN WATCHING WAS JUST ENDING. SO THAT'S HOW I KNEW IT WAS 11:00 O'CLOCK.

# 162 Q:

SO WHATEVER WAS ON TELEVISION -- WAS IT DYNASTY REUNION OR --

# 163 A:

YES, I THINK THAT'S WHAT IT WAS ACTUALLY.

# 164 Q:

DYNASTY REUNION.

# 165 A:

YES.

# 166 Q:

AND IT WAS JUST ABOUT GOING OFF AT ABOUT 11:00 O'CLOCK, IS THAT RIGHT --

# 167 A:

THAT IS CORRECT.

# 168 Q:

-- WHEN YOU CAME BACK UP? ALL RIGHT. AND YOU -- AS I UNDERSTAND YOUR TESTIMONY, WHEN YOU CAME BACK UPSTAIRS AND NOW IT'S 11:00 O'CLOCK, YOU KNOW THAT BECAUSE DYNASTY REUNION WAS GOING OFF, THIS DOG WAS CONTINUING TO BARK; IS THAT CORRECT?

# 169 A:

THAT IS CORRECT.

# 170 Q:

YOU COULD NOW HEAR IT AGAIN AT ANY RATE?

# 171 A:

YES, SIR.

# 172 Q:

HAD YOU EVER ON NIGHTS BEFORE JUNE 12TH, 1994 HEARD THAT DOG BARK, THAT YOU SAY YOU COULD IDENTIFY THAT PARTICULAR BARK?

# 173 A:

NO -- SIR, NOT IN THAT WAY. I MEAN NOT IN A WAY THAT WOULD CALL ATTENTION TO ITSELF.

# 174 Q:

OKAY. THERE ARE A LOT OF PEOPLE WHO WALK DOGS IN THAT AREA; IS THAT CORRECT?

# 175 A:

YES, SIR, INCLUDING MYSELF.

# 176 Q:

INCLUDING YOU? YOU WALK DOGS?

# 177 A:

THAT'S RIGHT.

# 178 Q:

AND YOU INDICATED IN YOUR DIRECT EXAMINATION YOU FELT THIS DOG AND THIS SOUND SOUNDED LIKE AN UNHAPPY DOG AS YOU DESCRIBED IT?

# 179 A:

THAT IS CORRECT.

# 180 Q:

AND YOU HAD NOT HEARD THIS UNHAPPY DOG SOUND BEFORE, RIGHT --

# 181 A:

THAT IS CORRECT.

# 182 Q:

-- IN THAT PARTICULAR AREA?

# 183 A:

YES, SIR.

# 184 Q:

THAT NIGHT, AS YOU LISTENED, ESPECIALLY EITHER BEFORE YOU WENT DOWNSTAIRS TO YOUR OFFICE OR WHEN YOU CAME BACK UP, DID YOU HEAR OTHER DOGS BARKING WHO SOUNDED LESS UNHAPPY?

# 185 A:

NOT THAT I CAN RECALL. I MEAN CERTAINLY NOTHING THAT MADE ME SIT UP AND TAKE NOTE.

# 186 Q:

ALL RIGHT. SO WITH REGARD TO WHEN YOU LOOKED OUT OF YOUR SHUTTERS, WAS THAT BEFORE YOU WENT TO THE -- DOWN TO THE OFFICE OR AFTER YOU CAME BACK UP?

# 187 A:

I BELIEVE I LOOKED OUT OF MY SHUTTERS BOTH TIMES.

# 188 Q:

ALL RIGHT. SO YOU THINK YOU MAY HAVE LOOKED OUT TWICE?

# 189 A:

YES, SIR.

# 190 Q:

YOU NEVER WENT OUT ON THE PORCH, BUT YOU LOOKED OUT THE SHUTTERS?

# 191 A:

THAT IS CORRECT.

# 192 Q:

AND SO THAT YOU CAN HELP THE COURT AND JURY, SIR, WHEN YOU LOOKED OUT OF THESE SHUTTERS -- THE SHUTTERS ARE IN YOUR BEDROOM; IS THAT CORRECT?

# 193 A:

YES, SIR.

# 194 Q:

-- YOU ARE LOOKING IN A SOUTHERLY DIRECTION; IS THAT CORRECT?

# 195 A:

YES, SIR.

# 196 Q:

AND YOU'VE DESCRIBED FOR THIS COURT AND JURY THAT AS YOU LOOKED IN A SOUTHERLY DIRECTION -- AND YOUR BELIEF THAT THIS SOUND OF THE UNHAPPY DOG WAS COMING FROM NEAR THE AREA OF BUNDY AND DOROTHY, RIGHT?

# 197 A:

THAT IS CORRECT.

# 198 Q:

AND CAN YOU TELL US THE RESIDENCE THAT YOU SAW ON THE SCREEN THERE, HOW FAR IS THAT RESIDENCE FROM THE CORNER? HOW MANY HOUSES IS THAT FROM THE CORNER?

# 199 A:

I THINK -- I BELIEVE THERE'S PROBABLY TWO HOUSES BETWEEN -- WELL, THERE'S ACTUALLY ONE LOT BETWEEN THAT RESIDENCE AND THE CORNER. THAT'S IT.

# 200 Q:

ALL RIGHT. ONE LOT, TWO HOUSES?

# 201 A:

NO. ONE LOT, ONE HOUSE I BELIEVE.

# 202 Q:

OKAY. SO ONE LOT AND ONE HOUSE?

# 203 A:

NO. NO. JUST ONE HOUSE ON ONE LOT.

# 204 Q:

NOW, YOU SURE ABOUT THAT?

# 205 A:

I'M NOT POSITIVE. AND OBVIOUSLY THERE'S THE UNIT THAT IS PART OF THE SAME CONDOMINIUM BUILDING. THERE WAS THE UNIT NEXT TO THE ONE THAT NICOLE BROWN SIMPSON LIVED.

# 206 Q:

BUT AT ANY RATE, SO THAT WE'RE CLEAR, THE UNIT THAT YOU CAME TO LEARN WAS NICOLE BROWN SIMPSON'S UNIT WAS NOT ON THE CORNER OF BUNDY AND DOROTHY?

# 207 A:

NO, IT WAS NOT ON THE CORNER.

# 208 Q:

THERE WAS AT LEAST ONE UNIT, AT LEAST ONE UNIT SOUTH OF THAT PARTICULAR RESIDENCE; IS THAT CORRECT?

# 209 A:

YES, SIR, THAT IS RIGHT.

# 210 Q:

AND SO THAT WE'RE CLEAR, HOW FAR NORTH DO YOU -- DID YOU LIVE -- YOUR ESTIMATION -- DID YOU LIVE AT THAT POINT NORTH OF THE CORNER OF BUNDY AND DOROTHY IN YARDS OR FEET, SIR?

# 211 A:

I'D GUESS 150 YARDS.

# 212 Q:

150 YARDS?

# 213 A:

MAYBE 125 YARDS.

# 214 Q:

ALL RIGHT. AND HAVING IN MIND A FOOTBALL FIELD, IT WOULD BE ABOUT 25 YARDS OVER AND ABOVE WHAT WOULD BE A REGULAR FOOTBALL FIELD, RIGHT?

# 215 A:

RIGHT.

# 216 Q:

AND WITH REGARD TO THAT UNIT THAT YOU WERE SHOWN BY MISS CLARK, THE LIGHTING THAT YOU SAW --

# 217 MR. COCHRAN:

MAY WE HAVE THAT PHOTOGRAPH PUT BACK? I'M NOT SURE OF THE NUMBER. I'M NOT SURE THIS HAS A NUMBER EITHER, YOUR HONOR.

# 218 THE COURT:

I THINK IT'S 39.

# 219 Q:

BY MR. COCHRAN: WITH REGARD TO THAT PARTICULAR UNIT, THE LIGHTING THAT YOU SEE ON 39 NOW, THE LIGHTING DIDN'T LOOK LIKE THAT THAT NIGHT, DID IT, SIR?

# 220 A:

NO, IT DID NOT LOOK LIKE THAT.

# 221 Q:

NOW, I WANT YOU TO BE AS ACCURATE AS YOU CAN. AS YOU LOOK DOWN THAT ALLEY, WE UNDERSTAND YOU'RE LOOKING FROM THE NORTH TOWARDS THE SOUTH. LOOKING FROM THE NORTH TO THE SOUTH. DESCRIBE FOR THE COURT AND JURY --

# 222 MS. CLARK:

OBJECTION. THAT'S INCORRECT. THAT'S NOT LOOKING FROM NORTH TO SOUTH.

# 223 MR. COCHRAN:

WELL, LET ME SEE IF I CAN RESTATE IT.

# 224 Q:

BY MR. COCHRAN: YOU'RE LOOKING FROM -- YOU'RE AT NORTH LOOKING TOWARDS SOUTH, RIGHT?

# 225 A:

THAT'S RIGHT.

# 226 Q:

WHAT I AM ASKING YOU TO DO NOW IS TO -- DESCRIBE FOR US THE LIGHTING THAT NIGHT AS YOU -- WITH REGARD TO THAT BUILDING.

# 227 A:

WELL, WITH REGARD TO THIS PHOTOGRAPH, I CAN NOT SEE THE WINDOWS. THEY'RE NOT INCLUDED IN THIS PHOTOGRAPH. BUT ON THE LEFT SIDE OF THIS BUILDING --

# 228 Q:

YES, SIR.

# 229 A:

-- MOVING TOWARD BUNDY, THERE IS -- ON THE TOP FLOOR, THERE'S A ROW OF WINDOWS.

# 230 Q:

OKAY. CAN YOU -- YOU CAN'T SEE WHAT I'M DOING. CAN YOU SEE THAT?

# 231 A:

YES, SIR.

# 232 Q:

YOU'RE TALKING ABOUT ON THE LEFT SIDE OR THE NORTH SIDE OF THE BUILDING, THERE IS SOME WINDOWS?

# 233 A:

RIGHT. THAT'S EXACTLY RIGHT.

# 234 Q:

YOU COULDN'T SEE THIS PORTION?

# 235 A:

I COULD NOT SEE THIS PORTION.

# 236 Q:

SO IN OTHER WORDS, WHAT'S DEPICTED HERE IS NOT WHAT YOU COULD SEE AT ALL; IS THAT RIGHT?

# 237 A:

THAT IS CORRECT.

# 238 Q:

GEE, OKAY. SO YOU COULD SEE THE NORTH SIDE --

# 239 MS. CLARK:

OBJECTION TO COUNSEL EDITORIALIZING.

# 240 MR. COCHRAN:

WELL, I JUST SAID GEE.

# 241 THE COURT:

GEE.

# 242 MR. COCHRAN:

OKAY. THEN STRIKE "GEE".

# 243 THE COURT:

GOSH. STOP IT.

# 244 MR. COCHRAN:

YES, YOUR HONOR. THANK YOU, YOUR HONOR

# 245 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO THIS, THEN, SIR, YOU COULD SEE THE NORTH SIDE OF THE BUILDING AS I'M INDICATING THERE, IS THAT RIGHT, LOOKING AT THIS PHOTO, THE LEFT SIDE?

# 246 A:

THAT'S RIGHT.

# 247 Q:

OKAY. AND TELL US AND DESCRIBE FOR THE COURT AND JURY WHAT YOU COULD SEE WITH REGARD TO THAT LEFT SIDE, ANY WINDOWS OR ANYTHING.

# 248 A:

THERE ARE MAYBE THREE OR FOUR WINDOWS UP THERE THAT DON'T APPEAR TO OPEN. I CAN'T TELL WHETHER THERE'S ANY ROOMS UP THERE. IT SEEMS TO ME THERE MAY BE SOME KIND OF STAIRWELL LEADING TO A DECK. THAT'S ABOUT ALL I CAN TELL YOU ABOUT IT.

# 249 Q:

AND YOU'VE NEVER BEEN IN THERE AT THAT TIME; IS THAT CORRECT?

# 250 A:

I BEG YOUR PARDON?

# 251 Q:

YOU'VE NEVER BEEN IN THAT PLACE AT THAT TIME, THAT PARTICULAR UNIT?

# 252 A:

IN THAT -- YES, I HAVE ACTUALLY. I WAS THERE WHEN IT WAS ON THE MARKET.

# 253 Q:

WELL, YOU HAD BEEN THERE ONE TIME?

# 254 A:

YES.

# 255 Q:

AND THIS IS BEFORE JUNE 12TH?

# 256 A:

LONG BEFORE. TWO YEARS AGO.

# 257 Q:

SO 1982?

# 258 A:

RIGHT.

# 259 Q:

OKAY. AND THESE WINDOWS THAT YOU BELIEVE WHERE YOU SAW THESE LIGHTS, DO YOU RECALL SEEING THOSE WHEN YOU WERE THERE IN 1992?

# 260 A:

NO, SIR, I DO NOT.

# 261 Q:

SO YOU JUST SAW SOME LIGHTING COMING FROM THE WINDOWS. IS THAT WHAT YOU SAW?

# 262 A:

THAT IS CORRECT.

# 263 Q:

AND DID YOU SEE ANYTHING ELSE WITH REGARD TO THAT SIDE OF THE BUILDING, ANYTHING ELSE RELATING TO THAT PARTICULAR BUILDING AT THAT TIME?

# 264 A:

NO. AS -- I THINK I MENTIONED, THERE WAS -- THERE SEEMS TO BE SOME DECK AREA UP THERE AND AWNING, AN UMBRELLA THAT HAD NOT BEEN UNFURLED.

# 265 Q:

ANYTHING ELSE THAT YOU RECALL SEEING AT THAT TIME?

# 266 A:

THAT IS ALL I CAN TELL YOU.

# 267 Q:

ALL RIGHT. HOW LONG DID YOU LOOK OUT OF THE SHUTTER WINDOW ON EACH OCCASION IF THERE WERE TWO OCCASIONS, SIR?

# 268 A:

OH, YOU KNOW, 10, 15 SECONDS.

# 269 Q:

VERY SHORT; IS THAT CORRECT?

# 270 A:

YES, SIR.

# 271 Q:

AND ULTIMATELY THEN, YOU WENT TO BED AND WENT TO SLEEP SOMETIME AROUND 11:30 THAT PARTICULAR NIGHT; IS THAT CORRECT?

# 272 A:

I GOT INTO BED AROUND 11:00 AND I READ FOR A WHILE, AND I CAN'T TELL YOU I FELL ASLEEP IMMEDIATELY OR IN 40 MINUTES.

# 273 Q:

ALL RIGHT. AND WOULD IT BE CORRECT THAT YOU PERHAPS FELL ASLEEP ABOUT 11:30 OR 11:40?

# 274 A:

IT'S A POSSIBILITY, YES.

# 275 Q:

DID YOU SO TESTIFY AT THE PRELIMINARY HEARING?

# 276 A:

I BELIEVE I DID, YES.

# 277 Q:

11:30, 11:40? AND AT THAT TIME, THAT WAS FAIRLY ACCURATE AS FAR AS YOU KNOW?

# 278 A:

AS FAR AS I KNOW, YES.

# 279 Q:

AND AS FAR AS YOU KNOW, THE DOG MAY HAVE CONTINUED TO BARK LATER THAN THAT; IS THAT CORRECT?

# 280 A:

YES, SIR.

# 281 Q:

WOULD YOU ALSO INDICATE OR TESTIFY THAT IT IS NOT UNUSUAL TO HEAR DOGS BARKING IN THAT PARTICULAR NEIGHBORHOOD?

# 282 A:

YES, SIR, I DID SAY THAT.

# 283 Q:

AND YOU NEVER AT ANY TIME WENT OUTSIDE IN AN EFFORT TO SEE WHERE THAT DOG WAS BARKING OR WHERE THAT DOG WAS, DID YOU?

# 284 A:

NO, I DID NOT.

# 285 Q:

DID YOU INDICATE AT THE PRELIMINARY HEARING THAT YOU USUALLY WATCHED THE FIRST 20 MINUTES OR SO OF THE NEWS AND, "IT SORT OF GETS INTO AREAS I'M NOT INTERESTED IN"?

# 286 A:

YES. I THINK I SAID THE FIRST 15 OR 20 MINUTES OF THE NEWS AND THEN IT GETS INTO AREAS I'M NOT INTERESTED IN.

# 287 Q:

WELL, WOULD IT BE HELPFUL FOR YOU TO SEE WHAT YOU ACTUALLY SAID?

# 288 MR. COCHRAN:

MAY I -- PAGE 27 OF HIS TESTIMONY, YOUR HONOR, PRELIMINARY HEARING. MAY I APPROACH? PAGE 27, COUNSEL.

# 289 Q:

BY MR. COCHRAN: WELL, LET ME ASK YOU THIS, SEE IF IT REFRESHES YOUR RECOLLECTION.

"QUESTION: IS THAT A ONE-HOUR NEWSCAST?

"ANSWER: WELL, I DON'T KNOW. I USUALLY WATCH THE FIRST 20 MINUTES OF THE NEWS. THEN I SORT OF -- IT GETS INTO AREAS I'M NOT THAT INTERESTED IN." IS THAT CORRECT? DO YOU REMEMBER SO TESTIFYING?

# 290 A:

UH, YES, I DO.

# 291 Q:

AND THEN YOU WENT ON:

"QUESTION: I SEE. SO YOU REGULARLY STOP WATCHING AFTER ABOUT 20 MINUTES?

"ANSWER: ABOUT 20 TO 25 MINUTES, YEAH." RECALL SO TESTIFYING?

# 292 A:

I BELIEVE SO.

# 293 Q:

AND THEN YOU WENT ON TO SAY:

"AND IT WAS ABOUT 20 OR 25 MINUTES THEN --"

# 294 MS. CLARK:

WELL, OBJECTION. THAT'S THE QUESTION, NOT THE ANSWER. THIS WITNESS DID NOT GO ON TO SAY. COUNSEL WENT ON TO SAY AND IT WAS ABOUT --

# 295 THE COURT:

BE CLEAR ON THE QUESTION AND ANSWER HERE.

# 296 MR. COCHRAN:

MAY I FINISH, PLEASE?

# 297 Q:

BY MR. COCHRAN: LET ME READ THIS QUESTION SO WE'RE CLEAR.

"QUESTION: I SEE. SO YOU REGULARLY WATCH THE -- REGULARLY STOPPED WATCHING AFTER ABOUT 20 MINUTES?

"ANSWER: ABOUT 20 TO 25 MINUTES, YEAH."

THAT WAS THE ANSWER. AND IS THAT HOW YOU SO TESTIFIED, SIR?

# 298 A:

I BELIEVE SO.

# 299 Q:

ALL RIGHT.

# 300 MS. CLARK:

OBJECTION, YOUR HONOR. COUNSEL STOPS SHORT OF THE ACTUAL ANSWER FOR THAT NIGHT.

# 301 MR. COCHRAN:

IF SHE WOULD JUST SIT AND BE PATIENT, I'M GOING TO GET TO THE REST OF THE TRANSCRIPT.

# 302 MS. CLARK:

HE HAS IT RIGHT THERE.

# 303 THE COURT:

COUNSEL, HOLD ON. NEXT QUESTION.

# 304 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 305 Q:

BY MR. COCHRAN: AND CONTINUING ON, DO YOU RECALL BEING ASKED THIS QUESTION AND GIVING THIS ANSWER, SIR? "AND IT WAS --"

# 306 A:

WELL, I RECALL BEING ASKED THAT QUESTION AND I THINK I CORRECTED THE QUESTION WHEN IT WAS ASKED.

# 307 Q:

ALL RIGHT. LET ME READ YOU THE NEXT QUESTION.

# 308 A:

OKAY.

# 309 Q:

"QUESTION: AND IT WAS ABOUT 20, 25 MINUTES THEN INTO THE NEWSCAST THAT YOU FIRST HEARD THE DOG?

"NO. I THINK --" AND JUST LIKE NOW, YOUR HONOR, OBJECTION, MISS CLARK.

"THE WITNESS: IT WAS ABOUT 15 OR 20 MINUTES INTO THE NEWSCAST I FIRST HEARD THE DOG.

"THE COURT: EXCUSE ME FOR JUST ONE MOMENT."

# 310 THE COURT:

JUST LIKE NOW.

# 311 MR. COCHRAN:

AND THEN GOES ON -- THE JUDGE ADMONISHED THE LAWYERS THEN JUST LIKE NOW. AND THEN THE QUESTION -- AND I'LL END IT WITH THIS. THE QUESTION WAS:

"DID YOU HEAR THE DOG CONTINUE TO BARK AS YOU WERE WATCHING THE NEWS?

"ANSWER: YES, I DID." RIGHT?

KEY QUOTE

# 312 A:

RIGHT.

# 313 Q:

DID YOU EVER BECOME AWARE OF ANY MEMBERS OF THE LOS ANGELES POLICE DEPARTMENT OUT AND AROUND IN THAT ALLEY SOUTH OF WHERE YOU LIVE THAT PARTICULAR NIGHT?

# 314 A:

NO, I DID NOT.

# 315 Q:

AND YOU -- WHEN YOU AWAKENED THE NEXT MORNING AT OR ABOUT 9:00 O'CLOCK OR WHENEVER YOU AWAKENED, YOU HAD THIS CONVERSATION WITH THE TWO POLICE OFFICERS I TALKED TO YOU ABOUT THAT NEXT MORNING ON THE 13TH; IS THAT CORRECT?

# 316 A:

YES, THAT'S CORRECT.

# 317 Q:

AND AS YOU WERE TALKING TO THE POLICE OFFICERS, YOU DESCRIBED FOR THE JURY THEY WERE FOCUSING IN ON YOU. DID THEY SEEM TO BE WRITING DOWN WHAT YOU WERE SAYING?

# 318 A:

UH, YES. I BELIEVE THEY WERE TAKING NOTES.

# 319 Q:

AND THEY WOULD ASK YOU QUESTIONS AND THEY WOULD WRITE SOMETHING DOWN ON A TABLET?

# 320 A:

THAT IS CORRECT.

# 321 Q:

AND IT'S TRUE, IS IT NOT, THAT AT SOME POINT, DID THE OFFICERS ASK YOU TO TAKE A LOOK FROM YOUR HOUSE LOOKING SOUTHERLY DOWN THAT ALLEY THERE?

# 322 A:

THAT'S RIGHT. AND I THINK THAT'S WHERE THE CONFUSION AROSE BECAUSE WE STEPPED OUT ONTO THE BALCONY.

# 323 Q:

YOU'VE ANSWERED THE QUESTION NOW. THEY ASKED YOU TO LOOK SOUTH, DID THEY?

# 324 A:

YES.

# 325 Q:

AND THEN WHEN YOU LOOKED SOUTH, DID YOU SAY TO THEM AT SOME POINT THAT THERE -- THE JEEP WAS PARKED THERE A FEW DAYS AGO? DID YOU MAKE THAT STATEMENT?

# 326 A:

YES, I BELIEVE I DID.

# 327 Q:

AND YOU WERE REFERRING TO THE DARK GREEN JEEP THAT YOU TALKED ABOUT EARLIER, SIR?

# 328 A:

YES. BUT AS I THINK BACK ON IT NOW, THAT JEEP WAS ACTUALLY THERE AND IT WAS BEING DUSTED AS WE WERE LOOKING DOWN THE ALLEY.

# 329 Q:

SO IT WAS BEING DUSTED AT THAT TIME ON JUNE 13TH?

# 330 A:

YES, SIR. SO I WAS ABLE TO SAY RIGHT THERE WHERE THE JEEP WAS PARKED.

KEY QUOTE

# 331 Q:

AND THEN -- BUT YOU HAD NOT SEEN THAT JEEP THE NIGHT BEFORE?

# 332 A:

I HAD NOT SEEN THAT JEEP THE NIGHT BEFORE.

# 333 Q:

SO WE ARE CLEAR, WHEN YOU SAY THAT JEEP WAS BEING DUSTED, WHAT DO YOU MEAN BY THAT?

# 334 A:

THE POLICE TECHNICIANS WERE IN THE AREA AND --

# 335 Q:

THEY WERE DUSTING THE JEEP FOR FINGERPRINTS?

# 336 A:

YES. FOR FINGERPRINTS, YES, SIR.

# 337 Q:

YOU SAW SOME POWDER ON THE JEEP?

# 338 A:

YES, SIR, THAT'S CORRECT.

# 339 Q:

YOU ARE NOT -- YOU ARE A DOG OWNER; IS THAT CORRECT?

# 340 A:

THAT'S RIGHT.

# 341 Q:

AND AS SUCH, I PRESUME YOU'VE OWNED A DOG FOR SOME NUMBER OF YEARS?

# 342 A:

A COUPLE OF YEARS, YEAH.

# 343 Q:

YOU'RE NOT AN EXPERT IN DOGS BARKING AS SUCH, ARE YOU?

# 344 A:

NO, SIR. I DO NOT PRETEND TO BE.

# 345 Q:

AND YOU CAN'T TELL PARTICULAR PEDIGREE OF A DOG, ONE DOG OVER ANOTHER WHEN THEY BARK, CAN YOU?

# 346 A:

NO, I CAN NOT, SIR.

# 347 Q:

AND AS I UNDERSTAND IT, YOU NEVER AT ANY TIME THAT NIGHT SAW A DOG?

# 348 A:

I DID NOT SEE A DOG.

# 349 MR. COCHRAN:

MAY I HAVE JUST A MOMENT, YOUR HONOR?

# 350 THE COURT:

CERTAINLY.

# 351 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 352 (BRIEF PAUSE.)

# 353 Q:

BY MR. COCHRAN: THE STATEMENT THAT I READ TO YOU WRITTEN BY OR BY THE TWO OFFICERS, TIPPIN AND CARR, YOU HAVE SEEN THAT STATEMENT BEFORE TODAY; HAVE YOU NOT?

# 354 A:

I BELIEVE IT WAS SHOWN TO ME DURING THE PRELIMINARY HEARING, YES.

# 355 Q:

ALL RIGHT. AND HAVE YOU SEEN IT SINCE THAT TIME AT ALL?

# 356 A:

NO, I HAVE NOT.

# 357 Q:

THAT'S THE TIME YOU THINK YOU SAW IT?

# 358 A:

YES, SIR.

# 359 Q:

AND PRIOR TO TESTIFYING HERE, DID YOU HAVE OCCASION TO REVIEW OR READ YOUR PRELIMINARY HEARING TESTIMONY?

# 360 A:

YES, SIR, I DID.

# 361 Q:

AND WHO GAVE YOU THAT?

# 362 A:

IT WAS SUPPLIED FOR ME BY THE DISTRICT ATTORNEY WHEN I WAS SUBPOENAED.

# 363 Q:

OKAY. AND THEY GAVE YOU A COPY OF WHAT YOU TESTIFIED ABOUT?

# 364 A:

THAT IS CORRECT.

# 365 Q:

AND YOU READ THAT OVER OF COURSE?

# 366 A:

YES, SIR.

# 367 Q:

AND THEN WHEN YOU CAME DOWN HERE -- IS THIS THE FIRST DAY YOU'VE BEEN DOWN?

# 368 A:

YES, SIR.

# 369 Q:

WHEN YOU CAME DOWN HERE TODAY, YOU TALKED TO ONE OF THE DISTRICT ATTORNEYS BEFORE YOU TOOK THE STAND?

# 370 A:

I DID.

# 371 Q:

WHICH ONE DID YOU TALK TO?

# 372 A:

I BELIEVE I TALKED TO CHERI LEWIS.

# 373 Q:

VERY NICE LADY OVER THERE, RIGHT?

# 374 A:

YES, THAT IS CORRECT.

# 375 Q:

WHEN DID YOU TALK TO HER?

# 376 A:

WHEN DID I TALK TO HER?

# 377 Q:

YES. YES.

# 378 A:

THIS MORNING.

# 379 MR. COCHRAN:

I HAVE NOTHING FURTHER AT THIS POINT, YOUR HONOR.

Temperature

tense

Key Quotes (4)

Pablo Fenjves

NO, SIR. AS I TOLD YOU, I TOLD THEM THAT I HEARD THE DOG BARKING BETWEEN 10:15 AND 10:20.

The central dispute of the cross: Cochran is trying to use the police report's '10:15 to 10:30' wording to suggest the timeline is uncertain, but Fenjves pushes back and maintains his narrower, earlier window.

Pablo Fenjves

YES, SIR. SO I WAS ABLE TO SAY RIGHT THERE WHERE THE JEEP WAS PARKED... THE POLICE TECHNICIANS WERE IN THE AREA AND... THEY WERE DUSTING THE JEEP FOR FINGERPRINTS.

Fenjves explains the 'Jeep' confusion: he pointed out the Jeep to officers on the morning of June 13 while it was being dusted — he had not seen it the night before, resolving an apparent contradiction in the police report.

Lance A. Ito

GEE. GOSH. STOP IT.

Judge Ito's successor delivers a rare moment of judicial wit, shutting down the 'Gee' editorial from Cochran after Clark objected to him editorializing.

Johnnie Cochran

AND THEN GOES ON -- THE JUDGE ADMONISHED THE LAWYERS THEN JUST LIKE NOW.

Cochran uses a quote from the preliminary hearing transcript to draw a pointed parallel between Clark's objections then and now, turning it into a courtroom jab.

Evidence (3)

null

LAPD officer statement form (Tippin and Carr, page 100369) summarizing Fenjves's account from June 13, 1994 morning interview

Used by Cochran for impeachment — read to witness line by line to identify discrepancies

People's 39

Photograph of Nicole Brown Simpson's residence/building as seen from the alley

Discussed — Fenjves clarifies the photo does not show the windows he actually observed, only the north-facing side was visible to him

null

Fenjves's preliminary hearing testimony, page 27

Read into record by Cochran to confirm Fenjves's habit of watching only 15-20 minutes of the news and his estimate of when he first heard the dog

Notable Exchanges (3)

Johnnie Cochran•Pablo Fenjves

Cochran presses Fenjves repeatedly on whether the police report accurately reflects what he told officers. Fenjves disputes the '10:15 to 10:30' window, says the porch reference is wrong, and explains the Jeep mention was about what he saw the next morning — not the night of the murders. The witness is composed and resistant to being pinned down.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark repeatedly objects that Cochran is reading selectively from the preliminary hearing transcript, stopping before answers that contextualize the quotes. Ito cuts her off and tells Cochran to proceed, then later calls out both sides.

heated

Johnnie Cochran•Lance A. Ito

After Clark objects to Cochran saying 'Gee,' Cochran offers to 'strike Gee.' Ito responds: 'GOSH. STOP IT.' The courtroom deflates into a brief comic moment.

light

Light Moments (2)

Lance A. Ito

After Clark objects to Cochran editorializing with 'Gee,' Cochran says 'I just said Gee' and offers to strike it. Judge Ito replies: 'GOSH. STOP IT.'

Johnnie Cochran

When Cochran references the preliminary hearing where the judge admonished lawyers, he adds pointedly: 'JUST LIKE NOW.' Ito acknowledges: 'JUST LIKE NOW.'

Credibility Attacks (3)

⚔ Pablo Fenjves

Prior inconsistent statement (police report vs. trial testimony)

Cochran uses the LAPD officer summary to suggest Fenjves told police the barking started between 10:15 and 10:30 p.m. — a broader window than the 10:15-10:20 he testified to at trial. Fenjves disputes the report's accuracy and maintains his narrower window.

⚔ Pablo Fenjves

Prior inconsistent statement (porch vs. bedroom)

Cochran confronts Fenjves with the police report's suggestion that he went out on the rear porch to look south. Fenjves denies this, saying he opened plantation shutters from the bedroom. He later clarifies the porch confusion arose when officers asked him to look south during the morning interview and they stepped out together.

⚔ Pablo Fenjves

Scope of expertise / credibility of dog bark identification

Cochran establishes that Fenjves is not an expert in dogs, cannot identify breed by bark, and never actually saw a dog that night — undercutting the reliability of his 'unhappy dog' characterization.

Witness Demeanor

(WITNESS COMPLIES.) — reads police report to himself as instructed

(WITNESS COMPLIES.) — reads second portion of police report

(BRIEF PAUSE.) — after Cochran asks for a moment before final questions

Objections

6 objections (0 sustained, 2 overruled)

Proceeding 4716 • 379 utterances • Prosecution witness

Criminal Trial

Department 103