Recross-examination of Pablo Fenjves (part 1)

📄 Recross-examination of Pablo Fenjves (part 1) — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\RECROSS-EXAMINATION-OF-PABLO-F.DOC

TRIAL

▲ Day 14 of 167

◀ Redirect examination of Pablo Fenjves (part 2) Redirect examination of Pablo Fenjves (part 3) ▶

Witness: Pablo Fenjves
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, February 7, 1995 • Utterances: 31

Cochran conducted a brief recross of neighbor Pablo Fenjves, reading back his preliminary hearing testimony to lock in the dog-barking timeline (continuing until 11:30–11:40 PM). The most notable moment was Cochran asking Fenjves whether a vehicle in a photograph looked dark green or black — and Fenjves revealing he is color blind, undercutting any prior testimony about the Jeep's color. Cochran also confirmed Fenjves was not working as a journalist at the time of the murders.

# 1 THE COURT:

MR. COCHRAN.

# 2 MR. COCHRAN:

THANK YOU, YOUR HONOR. NOW, COUNSEL, REFERRING TO THE TRANSCRIPT AT PAGE 26, LINE -- LEAVE THE PHOTOGRAPH ON. LINE 6 THROUGH 12. DO YOU HAVE IT, COUNSEL?

# 3

RECROSS-EXAMINATION

# 4

BY MR. COCHRAN:

# 5 Q:

"QUESTION: AT 11:00 O'CLOCK, CAN YOU TELL US WHETHER YOU STILL HEARD THE DOG BARKING?

"ANSWER: YES, THE DOG WAS STILL BARKING. I REMEMBER GOING OVER TO THE SHUTTERS AND TAKING A LOOK OUT FOR THE --- TOWARD NICOLE'S BUILDING, AND I SAW SOME LIGHTS ON UPSTAIRS. BUT, YOU KNOW, OF COURSE I COULDN'T PINPOINT, YOU KNOW, WHERE THE DOG -- WHERE EXACTLY THE DOG WAS." DID YOU SO TESTIFY AT THE PRELIMINARY HEARING?

# 6 A:

YES, I DID.

# 7 Q:

AND, SIR --

# 8 MS. CLARK:

OBJECTION, YOUR HONOR. COUNSEL DIDN'T FINISH THE PASSAGE. IT GOES ON.

KEY QUOTE

# 9 THE COURT:

THAT WAS A QUESTION AND ANSWER.

# 10 MR. COCHRAN:

ON PAGE 31, COUNSEL, BEGINNING AT THE QUESTION AT LINE 1 THROUGH THE QUESTION AT LINE 10.

"QUESTION: NOW, YOU INDICATED YOU WENT TO BED AT ABOUT 11:30?

"ANSWER: I WENT TO BED A LITTLE AFTER 11:00.

"QUESTION: ALL RIGHT.

"ANSWER: AND I READ FOR A WHILE.

"QUESTION: AND THE DOG CONTINUED TO BARK?

"ANSWER: YES, SIR.

"QUESTION: HOW LONG DID THAT BARKING CONTINUE?

"ANSWER: UNTIL I FELL ASLEEP, WHICH MAY HAVE BEEN 11:30 OR 11:40 P.M." NOW, I WANT YOU TO TAKE A LOOK AT THAT PHOTOGRAPH OF 39 AGAIN. I WANT YOU TO LOOK -- CAN YOU SEE THAT CLEARLY? I DON'T KNOW WHAT YOUR MONITOR HAS ON IT, BUT --

# 11 MR. COCHRAN:

MAY I APPROACH HIS MONITOR, YOUR HONOR, AND SEE?

# 12 THE COURT:

YOU MAY.

# 13 MR. COCHRAN:

THANK YOU. YES. THANK YOU, YOUR HONOR.

# 14 Q:

BY MR. COCHRAN: IS THAT -- LOOKING AT THAT MONITOR, DOES THAT LOOK LIKE A DARK GREEN JEEP TO YOU OR DOES THAT LOOK LIKE A BLACK JEEP TO YOU?

# 15 A:

WELL, I'M COLOR BLIND. SO --

KEY QUOTE

# 16 Q:

OH, WELL, THEN OKAY.

# 17 A:

MILDLY COLOR BLIND.

# 18 Q:

MILDLY? DO YOU HAVE TROUBLE DISCERNING DARK GREENS AND BLACKS?

# 19 A:

UH, YES.

# 20 Q:

OKAY. SO IT'S A DARK COLOR JEEP; IS THAT RIGHT?

# 21 A:

YES.

# 22 Q:

ARE YOU A JOURNALIST OF SOME KIND?

# 23 A:

I WAS FOR MANY YEARS.

# 24 MS. CLARK:

OBJECTION.

# 25 THE COURT:

OVERRULED.

# 26 Q:

BY MR. COCHRAN: WERE YOU BACK ON JUNE 12TH, 1994?

# 27 A:

NO, I WAS NOT.

# 28 Q:

YOU WERE NO LONGER A JOURNALIST AT THAT POINT?

# 29 A:

NO, I WAS NOT. I WAS NOT.

# 30 MR. COCHRAN:

THANK YOU VERY KINDLY. THANK YOU FOR COMING TODAY.

# 31 THE COURT:

MISS CLARK.

Temperature

procedural

Key Quotes (3)

Pablo Fenjves

WELL, I'M COLOR BLIND. SO --

Directly undermines Fenjves's ability to distinguish the color of the Jeep in the photograph, neutralizing any testimony that the vehicle was a specific color.

Pablo Fenjves

UNTIL I FELL ASLEEP, WHICH MAY HAVE BEEN 11:30 OR 11:40 P.M.

Preliminary hearing testimony establishing the dog barked continuously until at least 11:30–11:40 PM — consistent with a later timeline of the murders.

Marcia Clark

OBJECTION, YOUR HONOR. COUNSEL DIDN'T FINISH THE PASSAGE. IT GOES ON.

Clark tried to force Cochran to read more of the preliminary hearing transcript, suggesting the fuller passage was more favorable to the prosecution.

Evidence (2)

People's 39

Photograph showing a Jeep, discussed in context of its color (dark green vs. black)

discussed

Informal

Preliminary hearing transcript, pages 26 and 31, containing Fenjves's testimony about the dog barking until 11:30–11:40 PM

read into record for impeachment/confirmation

Notable Exchanges (2)

Johnnie Cochran•Pablo Fenjves

Cochran asked Fenjves whether the Jeep in the photograph looked dark green or black. Fenjves revealed he is color blind, effectively disqualifying his color identification of the vehicle.

revealing

Marcia Clark•Lance A. Ito

Clark objected that Cochran had not finished reading the preliminary hearing passage; Ito noted it was a complete question-and-answer unit and allowed it to stand.

procedural

Light Moments (1)

Johnnie Cochran

After Fenjves said he was color blind, Cochran simply responded 'OH, WELL, THEN OKAY.' — a rare moment of an attorney being visibly caught off guard by a useful surprise.

Credibility Attacks (2)

⚔ Pablo Fenjves

prior inconsistent statement / locking in testimony

Cochran read back Fenjves's preliminary hearing testimony placing the dog barking as late as 11:30–11:40 PM, reinforcing a timeline favorable to the defense.

⚔ Pablo Fenjves

sensory limitation

Cochran elicited that Fenjves is color blind and has trouble distinguishing dark greens from black, undermining his identification of the Jeep's color in the photograph.

Objections

2 objections (0 sustained, 1 overruled)

Proceeding 4720 • 31 utterances • Prosecution witness

Criminal Trial

Department 103