Direct examination of Pablo Fenjves

📄 Direct examination of Pablo Fenjves — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\DIRECT-EXAMINATION-OF-PABLO-FE.DOC

TRIAL

▲ Day 14 of 167

◀ Direct examination of Kimberly Goldman Cross-examination of Pablo Fenjves ▶

Witness: Pablo Fenjves
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 150

Pablo Fenjves, a neighbor who lived about 60-70 yards north of Nicole Brown Simpson's condo on South Bundy, testified that around 10:15-10:20 PM on June 12, 1994, he heard a distinctive, persistent dog barking coming from the direction of Nicole's property. He described it as a 'plaintive wail' — an unhappy animal — and noted it was still audible when he went to bed around 11:00 PM, helping the prosecution establish an approximate time of death by placing the dog's distress in a narrow window.

# 1 MS. CLARK:

PEOPLE CALL MR. PABLO FENJVES.

PABLO FENJVES, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 THE CLERK:

RAISE YOUR RIGHT HAND, PLEASE. DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?

# 3 PABLO FENJVES:

I DO.

# 4 THE CLERK:

PLEASE HAVE A SEAT IN THE WITNESS STAND. STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 5 PABLO FENJVES:

MY NAME IS PABLO FENJVES. THAT'S P-A-B-L-O F-E-N-J-V-E-S.

# 6 THE COURT:

ALL RIGHT. MR. FENJVES, IF YOU WOULD -- I'M SORRY. THERE IT GOES. THANK YOU. MS. CLARK.

# 7 MS. CLARK:

THANK YOU, YOUR HONOR.

# 8

DIRECT EXAMINATION

# 9

BY MS. CLARK:

# 10 Q:

MR. FENJVES, DIRECTING YOUR ATTENTION TO THE DATE OF JUNE THE 12TH, 1994, AS OF THAT DATE, CAN YOU TELL US APPROXIMATELY WHERE YOU LIVED?

# 11 A:

I LIVED IN THE 800 BLOCK OF SOUTH GRETA GREEN.

# 12 Q:

WHERE IS THAT IN RELATIONSHIP TO 875 SOUTH BUNDY?

# 13 A:

WE SHARE A COMMON BACK ALLEY AND I'M ABOUT 60 OR 70 YARDS NORTH.

# 14 Q:

LET ME GET YOU TO SPEAK INTO THE MICROPHONE.

# 15 A:

THANK YOU. WE SHARE A COMMON BACK ALLEY AND I'M ABOUT 60 OR 70 YARDS NORTH OF THE CONDO OF NICOLE SIMPSON BROWN.

# 16 Q:

CAN YOU LOOK AT YOUR MONITOR, SIR? THANK YOU. CAN YOU INDICATE TO US ON THIS PHOTOGRAPH WHERE YOUR HOUSE WOULD BE?

# 17 A:

IT WOULD BE APPROXIMATELY WHERE THE POLICE PATROL CAR IS PARKED JUST TO THE LEFT OF THAT (INDICATING).

# 18 Q:

JUST TO THE LEFT AS YOU FACE IT?

# 19 A:

RIGHT. IS TO OUR LEFT.

# 20 Q:

AND THEN WOULD 875 SOUTH BUNDY BE THIS AREA HERE THAT I'M CIRCLING, IF YOU CAN SEE (INDICATING)?

# 21 A:

UH, YES. IT APPEARS TO ME THAT THERE'S A VEHICLE PARKED -- THERE'S A VEHICLE PARKED IN THE DRIVE OF 875.

# 22 Q:

OKAY. THANK YOU.

# 23 THE COURT:

AND WHICH EXHIBIT IS THIS, MISS CLARK?

# 24 MS. CLARK:

AND THIS IS -- SHOULD WE MARK THIS PHOTOGRAPH AS PEOPLE'S NEXT IN ORDER, PEOPLE'S 38? 38?

# 25 THE CLERK:

38.

# 26 MS. CLARK:

PEOPLE'S 38.

# 27 THE COURT:

ALL RIGHT. PEOPLE'S 38.

# 28 (PEO'S 38 FOR ID = PHOTOGRAPH)

# 29 Q:

BY MS. CLARK: NOW, WHAT PORTION OF YOUR APARTMENT FACES THAT ALLEY?

# 30 A:

IT'S A THREE-STORY BUILDING AND THE TOP FLOOR IS THE MASTER BEDROOM WHICH FACES THE ALLEY, THEN THERE'S A KITCHEN, AND BELOW THAT, I HAVE MY OFFICE, AND THAT'S PRETTY MUCH SEALED OFF AND YOU CAN'T SEE OUT INTO THE ALLEY.

# 31 Q:

IF YOU LOOK OUT YOUR MASTER BEDROOM, ARE YOU ABLE TO SEE THE BACK OF 875 SOUTH BUNDY?

# 32 A:

I'M ABLE TO SEE THE -- WHAT SEEMS TO BE A PORCH AREA AND A ROW OF WINDOWS ALONG THE TOP FLOOR, BUT THAT'S ABOUT ALL I CAN SEE.

# 33 Q:

I AM SORRY. COULD YOU REPEAT YOUR LAST ANSWER, SIR?

# 34 A:

I CAN SEE A SORT OF BALCONY AREA WITH A ROW OF WINDOWS ACROSS WHAT SEEMS TO BE THE TOP FLOOR OR STAIRWELL LEADING TO THE TOP FLOOR.

# 35 Q:

SO YOUR VIEW IS LIMITED?

# 36 A:

YES, IT IS.

# 37 Q:

CAN I GET YOU TO KEEP YOUR VOICE UP?

# 38 A:

YES, IT IS.

# 39 Q:

SHOWING YOU THE MAP OF THE BUNDY AREA THAT WAS PREVIOUSLY MARKED AS PEOPLE'S 26, CAN YOU POINT OUT THE PLACE WHERE YOUR HOME IS SHOWN?

# 40 A:

IF THIS IS THE ALLEY HERE, THIS WOULD BE MY HOME RIGHT HERE (INDICATING).

# 41 THE COURT:

CAN EVERYBODY HEAR THAT ANSWER, THE JURY?

# 42 Q:

BY MS. CLARK: WILL YOU SAY THAT AGAIN?

# 43 A:

THIS IS -- THIS BEING THE ALLEY HERE, THIS IS MY HOME OVER HERE (INDICATING).

# 44 Q:

AND CAN YOU SHOW US WHERE 875 SOUTH BUNDY WOULD BE?

# 45 A:

I IMAGINE THIS WOULD BE 875 SOUTH BUNDY (INDICATING).

# 46 Q:

THAT RED SQUARE?

# 47 A:

RIGHT.

# 48 Q:

THANK YOU, SIR.

# 49 A:

THANKS.

# 50 Q:

DID YOU KNOW NICOLE BROWN, SIR?

# 51 A:

NO, I DID NOT.

# 52 Q:

HAD YOU SEEN HER BEFORE?

# 53 A:

JUST IN THE NEIGHBORHOOD. WE HAD A SIMILAR JOGGING ROUTE AND I HAD SEEN HER IN HER CAR PULLING INTO THE ALLEY ONCE OR TWICE. THAT WAS ABOUT IT.

# 54 Q:

DID YOU HAPPEN TO -- DID YOU KNOW WHERE SHE LIVED BACK IN JUNE OF 1994?

# 55 A:

NO, I DIDN'T KNOW WHERE SHE LIVED AND I DIDN'T KNOW WHO SHE WAS.

# 56 Q:

ON JUNE THE 12TH OF 1994, SIR, IN THE EVENING, WHERE WERE YOU?

# 57 A:

AT 10:00 O'CLOCK THAT EVENING, I WAS WATCHING THE NEWS IN THE MASTER BEDROOM ON THE THIRD FLOOR WITH MY WIFE.

# 58 Q:

THAT'S THE MASTER BEDROOM THAT --

# 59 A:

FACES THE --

# 60 Q:

-- FACES THE ALLEY THAT YOU SHARE WITH 875 SOUTH BUNDY?

# 61 A:

THAT IS CORRECT.

# 62 Q:

YOU WERE WATCHING THE 10:00 O'CLOCK NEWS WITH YOUR WIFE?

# 63 A:

YES.

# 64 Q:

AND FOR HOW LONG DID YOU WATCH THE NEWS?

# 65 A:

WELL, ABOUT 15 OR 20 MINUTES INTO IT, I BECAME AWARE OF A BARKING SOUND AND THEN I PROBABLY STOPPED WATCHING THE NEWS SHORTLY THEREAFTER.

# 66 Q:

SO IT WAS APPROXIMATELY 15 MINUTES AFTER THE NEWS BEGAN THAT YOU STARTED TO HEAR A DOG BARKING?

# 67 A:

YES.

# 68 MR. COCHRAN:

WELL, YOUR HONOR, THAT MISSTATES WHAT HE JUST SAID, 15 TO 20 MINUTES.

# 69 THE COURT:

MISS CLARK?

# 70 Q:

BY MS. CLARK: TELL US --

# 71 A:

15, 20 MINUTES INTO IT, I HEARD A VERY DISTINCTIVE BARKING COMING FROM SOMEWHERE TO THE SOUTH OF WHERE I LIVE AND I WAS AWARE OF IT FOR MAYBE FIVE, SIX, SEVEN MINUTES; AND AT THAT POINT, I STOPPED WATCHING THE NEWS AND I LEFT THE MASTER BEDROOM.

# 72 Q:

WAS THERE SOMETHING UNUSUAL ABOUT THAT DOG BARKING THAT DREW YOUR ATTENTION TO IT?

# 73 A:

IT WAS A -- YOU KNOW, IT WAS FAIRLY PERSISTENT, IT WAS AT A SIGNIFICANT PITCH, AND AS YOU MAY RECALL, I DESCRIBED IT AT THE TIME AS A PLAINTIVE WAIL. SOUNDED LIKE A, YOU KNOW, VERY UNHAPPY ANIMAL.

KEY QUOTE

# 74 Q:

I AM SORRY. I CAN'T HEAR YOU, SIR.

# 75 A:

IT SOUNDED LIKE A VERY UNHAPPY ANIMAL.

# 76 Q:

AND THAT'S WHAT DREW YOUR ATTENTION?

# 77 A:

YES, IT DID.

# 78 Q:

HAD YOU EVER HEARD DOGS BARKING IN THE NEIGHBORHOOD BEFORE?

# 79 A:

YEAH, THERE'S PLENTY OF DOGS BARKING IN THE NEIGHBORHOOD, BUT THIS WAS, AS I SAID, PERSISTENT AND UNUSUAL AND UNHAPPY.

KEY QUOTE

# 80 Q:

SO DID YOU STAY AND LISTEN TO THE BARKING FOR A WHILE BEFORE YOU WENT DOWNSTAIRS?

# 81 A:

UH, NO. I DON'T RECALL WHETHER I WENT AND LOOKED -- I BELIEVE I MAY HAVE GOTTEN UP AND LOOKED THROUGH THE SHUTTERS, AND THEN I JUST -- I WENT DOWNSTAIRS TO MY OFFICE.

# 82 Q:

ABOUT WHAT TIME WAS IT WHEN YOU WENT DOWNSTAIRS TO YOUR OFFICE?

# 83 A:

I'D SAY AROUND 10:20.

# 84 Q:

AND BY THAT TIME, YOU HAD HEARD THE DOG BARKING FOR HOW LONG?

# 85 A:

AS I SAID, YOU KNOW, IT COULD HAVE BEEN FIVE MINUTES, IT COULD HAVE BEEN SEVEN, EIGHT MINUTES.

# 86 Q:

WHEN YOU WENT DOWNSTAIRS TO YOUR OFFICE, WAS THE DOG STILL BARKING?

# 87 A:

I DON'T RECALL. AT THAT POINT, I WAS GOING DOWN THE INNER STAIRWELL AND I WASN'T AWARE OF IT. AND WHEN I EVENTUALLY GOT TO MY OFFICE -- MY OFFICE IS PRETTY SOUNDPROOF AND I STARTED WORKING. I WAS FOCUSED ON WHAT I WAS DOING. SO WHETHER THE DOG WAS BARKING OR NOT, I CAN'T TELL YOU.

# 88 Q:

AT THE TIME THAT YOU FIRST HEARD THE DOG BARKING, COULD YOU TELL FROM WHAT DIRECTION IT SEEMED TO BE COMING?

# 89 A:

YES. IT SEEMED TO BE COMING FROM THE -- BASICALLY THE AREA, SOUTH CORNER OF DOROTHY AND BUNDY.

# 90 Q:

FROM THIS AREA (INDICATING)?

# 91 A:

UH, YES. FROM THAT AREA.

# 92 MR. COCHRAN:

JUST A MOMENT. I OBJECT TO THE FORM OF THAT QUESTION. THIS PICTURE IS NOT MARKED OR ANYTHING IN THIS AREA.

# 93 THE COURT:

YOUR OBJECTION IS FOUNDATION.

# 94 MR. COCHRAN:

NO FOUNDATION.

# 95 THE COURT:

THANK YOU. SUSTAINED.

# 96 Q:

BY MS. CLARK: SORRY. SIR, DO YOU RECOGNIZE WHAT'S DEPICTED IN THIS PHOTOGRAPH?

# 97 A:

YES, I DO.

# 98 Q:

WHAT IS THAT?

# 99 A:

THAT IS NICOLE'S HOUSE.

# 100 Q:

FROM THE REAR VIEW?

# 101 A:

YES. FROM THE ALLEY VIEW.

# 102 Q:

AND IS THAT WHERE THE BARKING SEEMED TO BE COMING FROM, THIS AREA?

# 103 MR. COCHRAN:

OBJECT TO THAT AS LEADING AND SUGGESTIVE. THE WITNESS SAID DOROTHY AND BUNDY IT CAME FROM.

# 104 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 105 Q:

BY MS. CLARK: WHERE DID THE BARKING SEEM TO BE COMING FROM?

# 106 A:

IT SEEMED TO BE COMING FROM THE GENERAL AREA OF DOROTHY AND BUNDY AND THIS PARTICULAR UNIT WAS VERY MUCH IN THE LINE OF MY VIEW.

# 107 Q:

SO THAT WHEN YOU WENT OUT -- WELL, STRIKE THAT. YOU STAYED DOWN IN YOUR OFFICE FOR HOW LONG?

# 108 A:

35 MINUTES, 40 MINUTES. I CAME BACK UPSTAIRS AT 11:00 O'CLOCK.

# 109 Q:

AND WHEN YOU CAME BACK UPSTAIRS AT 11:00 O'CLOCK, WAS THE BARKING STILL AUDIBLE?

# 110 A:

YES, IT WAS.

# 111 Q:

WHERE DID YOU GO WHEN YOU CAME UPSTAIRS AT 11:00 O'CLOCK?

# 112 A:

I GOT IN BED.

# 113 Q:

AND WHEN YOU GOT IN BED, WAS THE DOG STILL BARKING?

# 114 A:

YES, HE WAS.

# 115 Q:

WHAT DID YOU DO AT THAT POINT?

# 116 A:

I WAS READING FOR A LITTLE WHILE. I MENTIONED TO MY WIFE THAT, YOU KNOW, I WAS CONCERNED ABOUT THE DOG. UMM, OUR OWN DOG WAS ON THE BED AND HE WAS REACTING TO THE BARKING BY GROWLING A LITTLE BIT, AND I MAY HAVE -- I THINK I WENT BACK AND TOOK ANOTHER LOOK THROUGH THE SHUTTERS AND I NOTICED THE LINE OF WINDOWS AT THE RESIDENCE. AND WAS A LIGHT ON AND I ASSUMED THAT SOMEBODY WAS HOME. AND THERE WERE A LOT OF UNITS AS YOU CAN SEE FROM THE MAP THAT WERE CLOSER TO THE SOUND. SO I THOUGHT SOMEBODY MAY HAVE ALREADY DONE SOMETHING ABOUT IT.

# 117 Q:

SO YOU FELT THAT THERE MIGHT HAVE BEEN SOMETHING WRONG, BUT SOMEONE ELSE MAY HAVE REPORTED IT ALREADY?

# 118 A:

UMM, IT WAS -- YOU KNOW, IT WAS HARD TO INTERPRET WHAT WAS GOING ON. THE DOG DIDN'T SOUND AS THOUGH IT WAS IN PAIN OR ANYTHING LIKE THAT. IT SOUNDED, AS I SAID, UNHAPPY.

# 119 Q:

AND WHEN YOU GOT UP TO GO TO THE SHUTTERS IN YOUR MASTER BEDROOM, YOU WENT TO LOOK IN THE DIRECTION OF WHERE THE BARKING SEEMED TO BE COMING FROM?

# 120 A:

YES. THAT IS CORRECT.

# 121 Q:

AND WHERE DID YOU LOOK?

# 122 A:

I LOOKED DIRECTLY TOWARD THE CONDOMINIUM IN QUESTION, AND I NOTICED THE ROW OF LIGHTS AS I MENTIONED, AND THEN I WENT BACK TO BED.

# 123 Q:

SO -- AND WHEN YOU SAY THE CONDOMINIUM IN QUESTION, IS THAT THE ONE DEPICTED IN THIS PHOTOGRAPH WHICH I WOULD ASK TO BE MARKED PEOPLE'S 39?

# 124 A:

YES, THAT IS CORRECT.

# 125 (PEO'S 39 FOR ID = PHOTOGRAPH)

# 126 Q:

BY MS. CLARK: AND WHEN YOU WENT TO LOOK IN THAT DIRECTION, YOU WERE LOOKING THERE BECAUSE IT WAS WHERE THE DOG BARKING SEEMED TO BE COMING FROM?

# 127 MR. COCHRAN:

OBJECT TO THE FORM OF THE QUESTION.

# 128 THE COURT:

SUSTAINED. LEADING.

# 129 Q:

BY MS. CLARK: WHY DID YOU LOOK IN THAT DIRECTION?

# 130 A:

I LOOKED IN THAT DIRECTION BECAUSE THAT'S WHERE THE BARKING SOUND WAS COMING FROM.

# 131 Q:

WHEN -- DID YOU GO TO SLEEP IMMEDIATELY AT 11:00 O'CLOCK?

# 132 A:

NO. I READ FOR A WHILE, AND I CAN'T -- I CAN'T TELL YOU HOW LONG I READ, BUT, YOU KNOW, OBVIOUSLY SOMETIME BEFORE -- YOU KNOW, WITHIN THE NEXT 20 MINUTES, 30 MINUTES, I FELL ASLEEP.

# 133 Q:

WHEN YOU FELL ASLEEP, COULD YOU STILL HEAR THE DOG BARKING?

# 134 A:

I THINK I MAY HAVE HEARD IT SPORADICALLY, BUT I WAS BASICALLY TRYING TO FOCUS ON WHAT I WAS READING AND I CAN'T ANSWER THAT QUESTION.

# 135 Q:

DO YOU RECALL HEARING IT STILL BARKING WHILE YOU WERE READING?

# 136 A:

YES. FOR A PORTION OF THE TIME, I DID HEAR IT INITIALLY.

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

# 138 Q:

BY MS. CLARK: WHEN YOU FIRST HEARD THE DOG BARKING, AFTER A FEW MINUTES, YOU SAID YOU WENT DOWNSTAIRS?

# 139 A:

YES. THAT'S CORRECT.

# 140 Q:

AND WHEN YOU CAME BACK UPSTAIRS, YOU COULD STILL HEAR IT BARKING?

# 141 A:

YES. BUT OF COURSE, THERE WAS THAT PERIOD OF, YOU KNOW, 30, 40 MINUTES WHERE I WAS AWAY FROM THE MASTER BEDROOM, AND I CAN'T TELL YOU WHETHER IT WAS BARKING CONTINUALLY.

KEY QUOTE

# 142 Q:

BECAUSE YOU WERE IN THAT OFFICE THAT'S PRETTY SOUNDPROOF, RIGHT?

# 143 A:

THAT'S CORRECT.

# 144 Q:

WHEN YOU CAME BACK UP THOUGH AND YOU HEARD THE BARKING, DID IT SOUND LIKE THE SAME DOG?

# 145 A:

YES. IT WAS DEFINITELY THE SAME DOG.

# 146 Q:

AND WHEN YOU WENT INTO YOUR BEDROOM AND GOT INTO BED AT ABOUT 11:00 O'CLOCK AND YOU COULD STILL HEAR THE BARKING, WAS THAT STILL THE SAME DOG?

# 147 A:

YES, IT WAS.

# 148 Q:

AND IT WAS ONE DOG BARKING?

# 149 A:

IT WAS ONE DOG BARKING DISTINCTIVELY AND I -- IF THERE WERE OTHER DOGS BARKING, I CERTAINLY DIDN'T HEAR IT.

KEY QUOTE

# 150 MS. CLARK:

THANK YOU.

Temperature

procedural

Key Quotes (4)

Pablo Fenjves

IT WAS A -- YOU KNOW, IT WAS FAIRLY PERSISTENT, IT WAS AT A SIGNIFICANT PITCH, AND AS YOU MAY RECALL, I DESCRIBED IT AT THE TIME AS A PLAINTIVE WAIL. SOUNDED LIKE A, YOU KNOW, VERY UNHAPPY ANIMAL.

The phrase 'plaintive wail' became iconic in the trial — Fenjves's vivid characterization of the dog's distress anchors the prosecution's ~10:15 PM timeline for the murders.

Pablo Fenjves

YEAH, THERE'S PLENTY OF DOGS BARKING IN THE NEIGHBORHOOD, BUT THIS WAS, AS I SAID, PERSISTENT AND UNUSUAL AND UNHAPPY.

Distinguishes this barking from ordinary neighborhood noise, reinforcing that something was wrong at Nicole's property around 10:15 PM.

Pablo Fenjves

YES. BUT OF COURSE, THERE WAS THAT PERIOD OF, YOU KNOW, 30, 40 MINUTES WHERE I WAS AWAY FROM THE MASTER BEDROOM, AND I CAN'T TELL YOU WHETHER IT WAS BARKING CONTINUALLY.

A candid acknowledgment of a gap in his knowledge — the dog's continuity during his soundproofed office time is unknown, a potential vulnerability for cross.

Pablo Fenjves

IT WAS ONE DOG BARKING DISTINCTIVELY AND I -- IF THERE WERE OTHER DOGS BARKING, I CERTAINLY DIDN'T HEAR IT.

Closes the direct by confirming a single, identifiable animal — consistent with Kato the Akita — whose behavior the prosecution ties to discovery of the bodies.

Evidence (3)

People's 38

Aerial or street photograph of the South Bundy/Greta Green area showing Fenjves's home and 875 South Bundy

Introduced and used to orient witness's proximity to Nicole's condo

People's 26

Previously marked map of the Bundy area

Used by witness to point out his home and 875 South Bundy

People's 39

Photograph of Nicole Brown Simpson's condo from the alley/rear view

Introduced; witness confirmed this is what he looked toward when investigating the barking

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran objected that Clark misstated witness testimony (saying '15 minutes' when witness said '15 to 20 minutes'). Ito asked Clark to address it; no formal ruling, Clark simply rephrased.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran sustained two consecutive objections — first for lack of foundation on an unmarked photo, then for leading/suggestive questioning — forcing Clark to elicit the geographic connection to Nicole's condo through open questions rather than pointing.

strategic

Witness Demeanor

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

Objections

4 objections (3 sustained, 0 overruled)

Proceeding 4715 • 150 utterances • Prosecution witness

Criminal Trial

Department 103