Cross-examination of John Edwards (part 1)

📄 Cross-examination of John Edwards (part 1) — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\CROSS-EXAMINATION-OF-JOHN-EDWA.DOC

TRIAL

▲ Day 9 of 167

◀ Direct examination of John Edwards (afternoon, part 2) Noon recess ▶

Witness: Det. John Edwards
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, January 31, 1995 • Utterances: 201

Cochran cross-examines Detective Edwards about the 1989 domestic violence incident, focusing on two main issues: whether the Polaroid photos accurately documented Nicole's injuries, and why only three photos were taken when more film was available. Cochran also attempts to introduce that Nicole wanted to drop charges and that OJ entered a no-contest plea, with mixed success on those lines of inquiry.

# 1 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

CROSS-EXAMINATION BY MR. COCHRAN:

# 2 Q:

GOOD MORNING, SERGEANT EDWARDS.

# 3 A:

IT'S DETECTIVE EDWARDS.

# 4 Q:

DETECTIVE EDWARDS.

# 5 A:

GOOD MORNING.

# 6 MR. COCHRAN:

COULD YOU PUT THAT LAST PARAGRAPH BACK UP FOR A SECOND ON THE ELMO, YOUR HONOR?

# 7 THE COURT:

YES. PEOPLE'S 5.

# 8 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 9 Q:

BY MR. COCHRAN: THAT'S SERGEANT OR DETECTIVE?

# 10 A:

DETECTIVE.

# 11 Q:

DETECTIVE EDWARDS? ALL RIGHT. I DON'T WANT TO CALL YOU BY THE WRONG NAME. DETECTIVE, ARE THESE THE BLACK SWEATPANTS THAT YOU TOLD US ABOUT WHEN YOU DESCRIBED THEM EARLIER?

# 12 THE COURT:

I WILL SUSTAIN THE COURT'S OWN OBJECTION. THAT'S NOT WHAT HE TESTIFIED TO.

# 13 Q:

BY MR. COCHRAN: DID YOU INDICATE SHE WAS WEARING SOME DARK SWEATPANTS IN YOUR TESTIMONY EARLIER?

# 14 A:

YES, I BELIEVE I DID.

# 15 Q:

DO THOSE SWEATPANTS LOOK DARK TO YOU OR DO THEY LOOK WHITE?

# 16 A:

THE RIGHT LEG LOOKS PRETTY DARK.

# 17 Q:

I'M TALKING ABOUT THE COLOR, SIR, OF THE SWEATPANTS. LOOK AT THE COLOR OF THE LEFT LEG THERE. IS THAT WHITE?

# 18 A:

IT'S WHITE PANTS.

# 19 Q:

THOSE ARE WHITE PANTS; ARE THEY NOT?

# 20 A:

EXCEPT FOR THE RIGHT LEG.

# 21 Q:

WELL, ANYTHING ON THE RIGHT LEG IS NOT THE ORIGINAL COLOR, IS IT, SIR?

# 22 A:

THAT'S WHY I WAS HAVING A HARD TIME WITH THE COLOR. I REMEMBERED SOMETHING DARK ABOUT THE PANTS.

KEY QUOTE

# 23 Q:

I SEE. WELL, WITH REGARD TO YOUR RECOLLECTION OF THESE EVENTS, DETECTIVE -- THIS TOOK PLACE SIX YEARS AGO; IS THAT CORRECT?

# 24 A:

THAT IS CORRECT.

# 25 Q:

AND WHEN -- AFTER THAT, YOU WROTE THESE REPORTS. YOU WROTE THE FIRST REPORT, REPORTS CONTEMPORANEOUS WITH THE EVENT ON OR BEFORE JANUARY 1ST; IS THAT CORRECT?

# 26 A:

THAT'S CORRECT.

# 27 Q:

AND I UNDERSTAND YOU WROTE ANOTHER REPORT ABOUT 30 DAYS THEREAFTER; IS THAT RIGHT?

# 28 A:

THAT'S CORRECT.

# 29 Q:

AND HAVE YOU HAD OCCASION TO REVIEW THOSE REPORTS IN THE RECENT PAST?

# 30 A:

YES.

# 31 Q:

AND HOW LONG AGO DID YOU REVIEW THE REPORTS?

# 32 A:

I BELIEVE LAST WEEK.

# 33 Q:

BEFORE THAT, WHEN WAS THE LAST TIME YOU REVIEWED THESE REPORTS?

# 34 A:

IT'S BEEN QUITE SOME TIME. MAYBE FOUR YEARS OR MORE.

# 35 Q:

ALL RIGHT. ARE YOU AWARE THAT WITH REGARD TO THESE PROCEEDINGS, THAT MR. O.J. SIMPSON ENTERED A NO CONTEST PLEA AND RESOLVED THIS INCIDENT IN THE CRIMINAL JUSTICE SYSTEM? ARE YOU AWARE OF THAT?

# 36 MR. DARDEN:

OBJECTION, YOUR HONOR.

# 37 THE COURT:

OVERRULED.

# 38 DET. JOHN EDWARDS:

I FOUND OUT ABOUT IT LAST YEAR.

# 39 Q:

BY MR. COCHRAN: YOUR ANSWER IS YES, YOU'RE AWARE OF IT?

# 40 A:

YES.

# 41 Q:

AND ARE YOU AWARE THAT HE THEREAFTER WROTE LETTERS OF APOLOGY TO HIS WIFE REGARDING THIS INCIDENT? ARE YOU AWARE OF THAT?

# 42 MR. DARDEN:

SAME OBJECTION, YOUR HONOR.

# 43 THE COURT:

THIS WITNESS' AWARENESS IS IRRELEVANT.

# 44 MR. COCHRAN:

ALL RIGHT. I'LL ASK IT ANOTHER WAY, YOUR HONOR.

# 45 Q:

BY MR. COCHRAN: ARE YOU AWARE THAT IN THIS CONNECTION, WITH REGARD TO THIS CASE YOU ARE TALKING ABOUT, THAT NICOLE BROWN SIMPSON WANTED TO DROP THE CHARGES AGAINST HER HUSBAND?

# 46 MR. DARDEN:

SAME OBJECTION, YOUR HONOR.

# 47 Q:

BY MR. COCHRAN: ARE YOU AWARE OF THAT?

# 48 THE COURT:

SUSTAINED.

# 49 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE TO BE HEARD ON THAT.

# 50 THE COURT:

PLEASE, WITH THE COURT REPORTER.

# 51 MR. COCHRAN:

CERTAINLY.

# 52 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 53 THE COURT:

HOW DO WE GET THIS IN, MR. COCHRAN, WITH THIS WITNESS?

# 54 MR. COCHRAN:

WELL --

# 55 THE COURT:

NO. I MEAN WITHOUT CALLING THE CITY ATTORNEY OR SOMETHING LIKE THAT.

# 56 MR. DARDEN:

I'LL CALL THE CITY ATTORNEY.

# 57 THE COURT:

HOW DO YOU GET THIS IN WITH THIS GUY?

# 58 MR. COCHRAN:

THIS GUY IS -- HERE'S WHY I THINK IT'S RELEVANT. THIS GUY GIVES US A LITANY OF STUFF, JUDGE, AND ALL OF A SUDDEN, HE KNOWS AND REMEMBERS WORDS SAID AND HE TELLS US HOW NICOLE WANTS TO COME TO THE STATION AND EVERYTHING. I'M JUST ASKING IS HE AWARE -- AND I CAN REPHRASE IT -- THAT NICOLE BROWN SIMPSON AFTER THIS SAID SHE WANTED TO DROP ALL THESE CHARGES. I'M JUST ASKING THE QUESTION. THAT'S WHAT SHE DID IN FACT, DROP THE CHARGES. SHE WISHED NOT TO PROSECUTE MR. SIMPSON. THE CITY ATTORNEY'S OFFICE APPARENTLY WENT AHEAD AND HOWARD WEITZMAN WORKED OUT A NO CONTEST PLEA. I THINK IT WOULD BE UNFAIR TO BE CUT OFF AFTER THEY'VE MADE ALL THIS HYPE OF THE TAPE. THAT'S WHAT I'M ASKING.

# 59 MR. DARDEN:

IT'S HEARSAY.

# 60 MR. COCHRAN:

IT'S NOT HEARSAY.

# 61 MR. DARDEN:

IT'S PURE UNADULTERATED HEARSAY. HE HEARD ABOUT IT LAST YEAR, OKAY. HOW CAN HE COME HERE AND -- I'LL CALL THE CITY ATTORNEY IF YOU WANT. YOU CAN TALK TO THE CITY ATTORNEY. I'LL INTRODUCE A CERTIFIED COPY OF THE DOCKET OF HIS PLEA IF YOU --

# 62 MR. COCHRAN:

I'M NOT GOING TO ASK HIM TO DO THAT. ALL I AM ASKING IS TO CROSS-EXAMINE THIS MAN.

# 63 THE COURT:

WELL, YOU CAN CROSS-EXAMINE HIM, YES. BUT WHAT HIS AWARENESS IS OF WHAT THE VICTIM LATER DID IS IRRELEVANT TO HIS TESTIMONY HERE.

# 64 MR. COCHRAN:

WELL, I THINK IT'S VERY RELEVANT, YOUR HONOR. IF SHE SAID SHE WANTED TO DROP THE CHARGES AND IF HE IS AWARE OF THAT, THAT'S VERY RELEVANT. AND HE'S BEEN ALLOWED TO TALK ABOUT ALL THESE THINGS AND NOW I CAN'T BRING OUT --

# 65 THE COURT:

MR. COCHRAN, YOU CAN BRING IN THE CITY ATTORNEY OR OFFER IT. YOU CAN ASK FOUNDATIONAL QUESTIONS, WAS HE INVOLVED IN DISCUSSIONS REGARDING SETTLING THE CASE AND THAT SORT OF THING. YOU CAN ASK HIM THOSE FOUNDATIONAL QUESTIONS. IF THE ANSWER IS YES, HE'S AWARE OF THAT, THEN YOU CAN ASK. IF HE'S NOT AWARE OF THOSE DISCUSSIONS --

# 66 MR. COCHRAN:

THEN I'LL PROCEED ON. THE OTHER THING I WANT TO DO WITH REGARD TO THIS WITNESS BECAUSE I THINK THERE'S BEEN A LOT OF TALK ABOUT THESE PICTURES, I WANT THE JURORS TO BE ABLE TO SEE THE PICTURES. IS THERE ANY OBJECTION TO HAVING THE JURORS BE ABLE TO SEE THEM?

# 67 THE COURT:

NO. WE'LL HAND THEM OUT IF YOU WANT TO.

# 68 MR. COCHRAN:

I'LL ASK TO DO THAT.

# 69 THE COURT:

WE'LL TAKE 10 MINUTES TO PASS THEM AROUND.

# 70 MR. DARDEN:

BEFORE WE DO THAT, COULD YOU ADMONISH COUNSEL TO STOP TESTIFYING, YOU KNOW, LET THE WITNESS TESTIFY?

# 71 THE COURT:

NO. I CUT HIM OFF. WE ARE HERE AT THE SIDEBAR. I HAVE TOLD HIM UNLESS HE LAYS SOME FOUNDATION, HE DOESN'T GET TO GO INTO IT.

# 72 MR. DARDEN:

I DON'T WANT TO JACK HIM UP HERE RIGHT IN FRONT OF HIS WIFE, WHOM I ALSO LOVE.

KEY QUOTE

# 73 MR. COCHRAN:

WHEN HE WAS TALKING ABOUT TESTIFYING, I THOUGHT HE WAS TESTIFYING ABOUT HIMSELF.

# 74 THE COURT:

COME ON GUYS.

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

# 76 THE COURT:

THANK YOU. MR. COCHRAN.

# 77 MR. COCHRAN:

MAY I PROCEED, YOUR HONOR?

# 78 THE COURT:

YOU MAY.

# 79 MR. COCHRAN:

THANK YOU.

# 80 Q:

BY MR. COCHRAN: NOW, DETECTIVE EDWARDS, YOU DESCRIBED FOR US THAT MISS NICOLE BROWN SIMPSON HAD GONE DOWN TO THE WEST LOS ANGELES STATION TO HAVE THESE POLAROID PICTURES TAKEN; IS THAT CORRECT?

# 81 A:

I DROVE HER THERE.

# 82 Q:

ALL RIGHT. AND YOU TOOK THESE PHOTOGRAPHS, DID YOU?

# 83 A:

YES, I DID.

# 84 Q:

AND WHEN YOU TOOK THESE PICTURES, YOU DID THE BEST YOU COULD TO TRY AND ACCURATELY DISPLAY HER INJURIES; ISN'T THAT CORRECT?

# 85 A:

YES.

# 86 Q:

THIS WASN'T THE FIRST TIME YOU HAD TAKEN POLAROID PICTURES, WAS IT?

# 87 A:

NO.

# 88 Q:

AND WERE YOU EXPERIENCED AT DOING THAT AT THAT TIME?

# 89 A:

YES.

# 90 Q:

AND YOU TOOK THESE PICTURES AT WEST LOS ANGELES STATION, RIGHT?

# 91 A:

THAT'S CORRECT.

# 92 Q:

HOW MANY PICTURES DID YOU TAKE ALL TOGETHER?

# 93 A:

THREE.

# 94 Q:

AND THE THREE THAT WE SEE HERE; IS THAT CORRECT?

# 95 A:

THAT'S CORRECT.

# 96 MR. COCHRAN:

YOUR HONOR, I'M GOING TO ASK THAT THE JURY BE ALLOWED TO SEE THESE PICTURES UP CLOSE AND PERSONAL AFTER I ASK A FEW MORE QUESTIONS, IF THE COURT PLEASES.

# 97 THE COURT:

ALL RIGHT.

# 98 Q:

BY MR. COCHRAN: NOW, WITH REGARD TO THESE PICTURES, IT'S YOUR TESTIMONY THESE PICTURES DON'T ACCURATELY REFLECT HOW SHE LOOKED?

# 99 A:

THAT'S TRUE.

# 100 Q:

LET ME SEE IF I UNDERSTAND THIS. YOU TOOK THE CAMERA, YOU FOCUSED ON HER AND YOU TOOK THREE SHOTS; IS THAT RIGHT?

# 101 A:

THAT'S CORRECT.

# 102 Q:

AND THESE ARE THE THREE SHOTS THAT YOU TOOK; IS THAT CORRECT?

# 103 A:

THAT'S CORRECT.

# 104 MR. COCHRAN:

MAY I APPROACH, YOUR HONOR?

# 105 THE COURT:

YES.

# 106 Q:

BY MR. COCHRAN: I'M GOING TO SHOW YOU FIRST OF ALL MARKED AS PEOPLE'S 1 FOR IDENTIFICATION. PEOPLE'S 1 IS A PHOTOGRAPH OF --

# 107 THE COURT:

PEOPLE'S 3, 4 AND 5.

# 108 MR. COCHRAN:

SORRY. ON THE BACK -- IT SAYS 1 ON THE FRONT. SORRY.

# 109 Q:

BY MR. COCHRAN: ALL RIGHT. PEOPLE'S 3 PURPORTS TO BE A PHOTOGRAPH OF A FEMALE. IS THAT A PHOTOGRAPH OF NICOLE BROWN SIMPSON?

# 110 A:

YES.

# 111 MR. DARDEN:

EXCUSE ME, YOUR HONOR. THAT'S PEOPLE'S 5.

# 112 MR. COCHRAN:

FOR THE RECORD, 5. LOOKS LIKE A 3.

# 113 Q:

BY MR. COCHRAN: IS THAT A PHOTOGRAPH OF NICOLE BROWN SIMPSON?

# 114 A:

YES, IT IS.

# 115 Q:

DID YOU TAKE THAT PHOTOGRAPH?

# 116 A:

YES, I DID.

# 117 Q:

I'M GOING TO SHOW YOU PEOPLE'S 4 FOR IDENTIFICATION. IS THIS A PHOTOGRAPH OF NICOLE BROWN SIMPSON?

# 118 A:

YES, IT IS.

# 119 Q:

DID YOU TAKE THAT PHOTOGRAPH?

# 120 A:

YES.

# 121 Q:

AND PEOPLE'S 3 FOR IDENTIFICATION, IS THAT A PHOTOGRAPH OF NICOLE BROWN SIMPSON?

# 122 A:

YES.

# 123 Q:

DID YOU TAKE THAT PHOTOGRAPH?

# 124 A:

YES, I DID.

# 125 Q:

NOW, DID YOU EVER GO TO COURT TO TESTIFY IN THIS MATTER, ANY CRIMINAL PROCEEDING THAT TOOK PLACE?

# 126 A:

NO.

# 127 Q:

DID YOU EVER AT ANY TIME HAVE ANY FURTHER DISCUSSION WITH NICOLE BROWN SIMPSON AS TO WHETHER OR NOT SHE WANTED TO PROCEED WITH THE CHARGES AGAINST HER HUSBAND?

# 128 A:

NO.

# 129 Q:

YOU DIDN'T TALK TO HER AFTER THIS?

# 130 A:

NO, I DIDN'T.

# 131 Q:

THE LAST TIME YOU TALKED TO NICOLE BROWN SIMPSON WITH REFERENCE TO THIS INCIDENT WAS ON WHAT DAY?

# 132 A:

JANUARY 1ST, 1989.

# 133 Q:

AND WHAT TIME OF DAY WAS THAT?

# 134 A:

WHEN I TOOK HER HOME. IT WAS AROUND 6:00 I BELIEVE.

# 135 Q:

6:00 O'CLOCK IN THE MORNING?

# 136 A:

YES.

# 137 Q:

AND YOU HAD OCCASION, DID YOU NOT, TO GET VERY CLOSE TO NICOLE BROWN SIMPSON ON THIS NIGHT; IS THAT CORRECT?

# 138 A:

WELL, SHE GRABBED ME AND HUNG ON TO ME, YES.

# 139 MR. DARDEN:

EXCUSE ME, YOUR HONOR. COULD COUNSEL DIRECT HIS EXAMINATION FROM THE PODIUM?

# 140 MR. COCHRAN:

I AM, YOUR HONOR.

# 141 Q:

BY MR. DARDEN: YOU GOT VERY CLOSE TO HER; IS THAT CORRECT?

# 142 A:

YES.

# 143 Q:

DID YOU HAVE OCCASION TO DETERMINE WHETHER OR NOT SHE HAD BEEN DRINKING THAT PARTICULAR NIGHT?

# 144 A:

I DIDN'T SMELL ANY SIGNIFICANT ALCOHOLIC BEVERAGE ON HER BREATH. I DON'T BELIEVE I DID.

# 145 Q:

I'M NOT ASKING ABOUT SIGNIFICANT ALCOHOLIC BEVERAGE. DID YOU SMELL ANY ALCOHOLIC BEVERAGE ON HER BREATH?

# 146 A:

NOT ENOUGH THAT I WOULD BE ABLE TO DETECT. I DON'T REMEMBER.

# 147 Q:

I DON'T UNDERSTAND THAT ANSWER, NOT ENOUGH. WHAT DOES THAT MEAN?

# 148 A:

WELL, I CAN'T REMEMBER SMELLING ALCOHOLIC BEVERAGE ON HER BREATH.

# 149 Q:

SO THE ANSWER IS, YOU DON'T KNOW ONE WAY OR THE OTHER; IS THAT CORRECT?

# 150 A:

I JUST CAN'T REMEMBER SMELLING ALCOHOLIC BEVERAGE ON HER BREATH.

# 151 Q:

THE ANSWER IS, YOU DON'T KNOW AT THIS POINT, RIGHT?

# 152 A:

OKAY. I DON'T KNOW.

# 153 Q:

ALL RIGHT. THAT'S ALL I'M ASKING.

# 154 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE AT THIS POINT, IF THIS IS AN APPROPRIATE TIME, TO SHOW THE PHOTOGRAPHS.

# 155 THE COURT:

MR. COCHRAN, IF YOU WOULD THEN HAND ALL THREE PHOTOGRAPHS TO JUROR NO. 1. ACTUALLY HAND IT TO OUR BAILIFF. LADIES AND GENTLEMEN, AS YOU LOOK AT THE PHOTOGRAPHS, WOULD YOU PASS IT TO YOUR RIGHT. ACTUALLY TO YOUR LEFT. SORRY ABOUT THAT. JUROR NO. 1, WOULD YOU PASS THE PHOTOGRAPHS, AS YOU LOOK AT IT, PASS IT TO YOUR LEFT. THAT WAY, EVERYONE WILL SEE IT QUICKER. BUT TAKE YOUR TIME. PLEASE TAKE AS MUCH TIME AS YOU FEEL YOU NEED. AS YOU LOOK AT THE PHOTOGRAPH, PASS THE INDIVIDUAL PHOTOGRAPH, PLEASE. WE'LL GET USED TO THE PROCEDURE. BUT PLEASE TAKE AS MUCH TIME AS YOU FEEL YOU NEED TO LOOK AT THE PHOTOGRAPHS.

# 156 (BRIEF PAUSE.)

# 157 THE COURT:

I AM SORRY. LET'S JUST GO DOWN THE FRONT ROW, PLEASE, AND THEN WE'LL COME BACK AROUND TO THE CHEAP SEATS.

# 158 (BRIEF PAUSE.)

# 159 THE COURT:

ALL RIGHT. THE RECORD SHOULD REFLECT THAT ALL 22 OF OUR TRIAL JURORS AND ALTERNATES HAVE HAD THE OPPORTUNITY TO REVIEW PEOPLE'S 3, 4 AND 5. MR. COCHRAN.

# 160 MR. COCHRAN:

THANK YOU VERY KINDLY. JUST ONE OR TWO MORE QUESTIONS BEFORE WE TAKE A BREAK.

# 161 THE COURT:

ALL RIGHT.

# 162 Q:

BY MR. COCHRAN: NOW, DETECTIVE EDWARDS, AFTER YOU TOOK THESE PHOTOGRAPHS THE JURY HAS JUST NOW SEEN, YOU LOOKED AT THEM; DID YOU NOT?

# 163 A:

YES, I DID.

# 164 Q:

AND YOU HAVE THE ABILITY IF THE PICTURES DIDN'T SHOW SOMETHING YOU WANTED TO SHOW, YOU COULD TAKE ANOTHER PICTURE; COULD YOU NOT?

# 165 A:

NO.

# 166 Q:

YOU COULDN'T TAKE ANY MORE PICTURES?

# 167 A:

I WAS OUT OF FILM.

# 168 Q:

YOU MEAN TO TELL US THAT THE LOS ANGELES POLICE DEPARTMENT ONLY HAD THREE SHOTS ON A POLAROID ROLL ON JANUARY 1ST, 1989 AT THE WEST LOS ANGELES STATION?

# 169 A:

WAS OUT OF FILM IN THAT CAMERA.

# 170 Q:

DID YOU GET -- THE POLAROID CAMERA, AS I RECALL IT, YOU PUT ANOTHER ROLL IN THERE AFTER THAT FINISHES; ISN'T THAT CORRECT?

# 171 A:

RIGHT. BUT SHE WANTED TO GO HOME.

# 172 Q:

HOW LONG WOULD IT TAKE YOU, SIR, TO TAKE ANOTHER ROLL, SLIDE ANOTHER CONTAINER INSIDE THAT CAMERA?

# 173 A:

SHE WANTED TO GO HOME TO HER CHILDREN AND IT WASN'T MY OPTION. I HAD TO COMPLY WITH HER.

# 174 Q:

SO YOU DIDN'T HAVE TIME TO TAKE ANY MORE PICTURES. IS THAT WHAT YOU ARE TELLING US?

# 175 A:

THAT'S CORRECT.

# 176 Q:

YOU DID HAVE OTHER FILM AT THAT STATION?

# 177 A:

I WOULD IMAGINE SOMEWHERE LOCKED UP IN THAT STATION, THERE WAS FILM.

# 178 Q:

NOW, YOU DROVE HER BACK HOME; DID YOU NOT?

# 179 A:

YES.

# 180 Q:

WHAT STOPPED YOU FROM TAKING SOME PICTURES AT HER HOME WHEN SHE GOT BACK HOME WITH HER CHILDREN?

# 181 A:

SHE WANTED -- I DIDN'T HAVE ANY OTHER FILM WITH ME. THAT PARTICULAR CAMERA WAS OUT OF FILM.

# 182 Q:

WELL, THERE WAS OTHER FILM AT WEST LOS ANGELES STATION; ISN'T THAT CORRECT, SIR?

# 183 A:

SHE WANTED TO LEAVE. SHE WANTED TO GO BACK TO HER CHILDREN.

KEY QUOTE

# 184 Q:

CAN YOU ANSWER MY QUESTION? WAS THERE OTHER FILM AT WEST LOS ANGELES STATION?

# 185 A:

SOMEWHERE IN THAT STATION, I'M SURE THERE WAS OTHER FILM.

# 186 Q:

AND YOU COULD HAVE GOTTEN THAT FILM; ISN'T THAT CORRECT?

# 187 A:

I COULD HAVE EVENTUALLY GOTTEN THE FILM, YES.

# 188 Q:

YOU COULD HAVE PUT THAT FILM INSIDE THAT POLAROID CAMERA; ISN'T THAT CORRECT?

# 189 A:

YES.

# 190 Q:

YOU COULD HAVE TAKEN THAT CAMERA BACK TO ROCKINGHAM, RIGHT?

# 191 A:

I COULD HAVE.

# 192 Q:

AND YOU COULD HAVE TAKEN THE PICTURES THAT YOU CLAIM YOU NOW WANT; ISN'T THAT CORRECT?

# 193 A:

IF I WOULD HAVE IGNORED HER REQUEST, I COULD HAVE DONE ALL THOSE THINGS, THAT'S TRUE.

KEY QUOTE

# 194 Q:

YOU DID NOT DO THAT, DID YOU?

# 195 A:

NO. I COMPLIED WITH HER REQUEST TO GO TO HER CHILDREN.

# 196 Q:

BUT YOU WERE A POLICE OFFICER OUT THERE, AND THE REASON YOU TAKE PICTURES IS SO YOU CAN PRESERVE HOW THE PERSON LOOKED FOR YEARS LATER; ISN'T THAT CORRECT, SIR?

# 197 A:

EXACTLY.

# 198 Q:

AND YOU DIDN'T DO THAT ACCORDING TO YOUR TESTIMONY ALTHOUGH WE HAVE THESE PHOTOGRAPHS, RIGHT?

# 199 A:

I DID IT TO THE BEST OF MY ABILITY.

# 200 Q:

ALL RIGHT.

# 201 MR. COCHRAN:

CAN WE STOP AT THIS POINT? I'M NOT FINISHED WITH HIM YET.

Temperature

tense

Key Quotes (4)

John Edwards

THAT'S WHY I WAS HAVING A HARD TIME WITH THE COLOR. I REMEMBERED SOMETHING DARK ABOUT THE PANTS.

Edwards had described Nicole wearing dark sweatpants; Cochran establishes they were white, undermining the accuracy of his six-year-old recollection.

John Edwards

IF I WOULD HAVE IGNORED HER REQUEST, I COULD HAVE DONE ALL THOSE THINGS, THAT'S TRUE.

Cochran's central impeachment point: Edwards admitted he chose not to obtain more film and document Nicole's injuries more thoroughly because she wanted to go home.

John Edwards

SHE WANTED TO LEAVE. SHE WANTED TO GO BACK TO HER CHILDREN.

Edwards' repeated justification for the limited photo documentation — used three times as Cochran methodically pressed him on each step he could have taken.

Christopher Darden

I DON'T WANT TO JACK HIM UP HERE RIGHT IN FRONT OF HIS WIFE, WHOM I ALSO LOVE.

Sidebar levity — Darden asks Ito to admonish Cochran for testifying during argument; the quip defused tension at the bench.

Evidence (4)

People's 3

Polaroid photograph of Nicole Brown Simpson taken by Edwards at West LA Station on January 1, 1989

identified by witness, passed to jury for review

People's 4

Polaroid photograph of Nicole Brown Simpson, same session

identified by witness, passed to jury for review

People's 5

Polaroid photograph of Nicole Brown Simpson, same session; also displayed on the ELMO at start of cross

identified by witness, passed to jury for review

Informal

White sweatpants with dark staining on right leg — the pants Nicole was wearing the night of the incident

displayed on ELMO; Cochran uses to challenge Edwards' description of 'dark sweatpants'

Notable Exchanges (3)

Johnnie Cochran•John Edwards

Cochran methodically walks Edwards through each step he could have taken to get more film and photograph Nicole more thoroughly — reload film, drive back to Rockingham, take photos at her home — getting Edwards to concede each step was possible before Edwards finally admits he deferred to Nicole's wish to go home.

strategic

Johnnie Cochran•Christopher Darden•Lance A. Ito

Sidebar fight over whether Cochran can elicit that Nicole wanted to drop charges. Ito rules the witness lacks sufficient foundation but offers a path: ask if Edwards was involved in settlement discussions. Cochran ultimately moves on.

procedural

Johnnie Cochran•John Edwards

Cochran opens by establishing Edwards recalled Nicole wearing 'dark' sweatpants when they were actually white; Edwards concedes the staining on the right leg caused his confusion.

revealing

Light Moments (3)

Christopher Darden

Darden, objecting that Cochran was 'testifying' during sidebar argument, adds: 'I don't want to jack him up here right in front of his wife, whom I also love.' Cochran retorts he thought Darden was talking about himself.

Lance A. Ito

Ito instructs jurors passing photos to go left, then corrects himself ('sorry about that'), and later refers to the alternate jurors as sitting in 'the cheap seats.'

Johnnie Cochran

Cochran misidentifies People's 5 as People's 1, then 3, before the judge and Darden both correct him. Cochran blames the handwriting on the back.

Credibility Attacks (2)

⚔ John Edwards

memory and perception challenge

Cochran establishes the incident was six years prior, Edwards last reviewed his reports four years ago until recently, and his recollection of 'dark sweatpants' was contradicted by the actual white sweatpants in evidence.

⚔ John Edwards

inadequate investigation

Cochran extracts a step-by-step admission that Edwards had the means to obtain more film and document Nicole's injuries more thoroughly but chose not to, prioritizing Nicole's request over thorough documentation.

Witness Demeanor

Edwards is measured and cooperative but repeatedly deflects on the film question by returning to 'she wanted to go home to her children'

Initially resistant to conceding the sweatpants were white ('the right leg looks pretty dark'), eventually acknowledges the difficulty was the staining

Objections

5 objections (3 sustained, 1 overruled)

Proceeding 4548 • 201 utterances • Prosecution witness

Criminal Trial

Department 103