Direct examination of John Edwards (afternoon, part 2)

📄 Direct examination of John Edwards (afternoon, part 2) — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\DIRECT-EXAMINATION-OF-JOHN-EDW.DOC

TRIAL

▲ Day 9 of 167

◀ Sidebar: photograph objection Cross-examination of John Edwards (part 1) ▶

Witness: Det. John Edwards
Examiner: Christopher Darden
Called by: Prosecution • Date: Tuesday, January 31, 1995 • Utterances: 73

Detective John Edwards continued his direct examination, walking the jury through three Polaroid photographs he took of Nicole Simpson on January 1, 1989, describing her injuries in detail: a cut on the lip, bruising and swelling around both eyes, and finger indentations on her neck. He also testified that he returned to Rockingham a third time that morning specifically to arrest O.J. Simpson for spousal battery, but Simpson had already left.

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

# 2 THE COURT:

THANK YOU, COUNSEL.

# 3 MR. COCHRAN:

YOUR HONOR, THERE'S ONE QUESTION I HAD. IF THESE PICTURES DON'T REFLECT HOW SHE LOOKED, HOW CAN HE --

# 4 MR. DARDEN:

YOUR HONOR, OBJECTION. OBJECTION.

# 5 THE COURT:

OVERRULED. YOU WILL ABLE TO DEAL WITH THAT ON CROSS-EXAMINATION.

# 6 MR. COCHRAN:

I WILL. THANK YOU, YOUR HONOR.

# 7 MR. DARDEN:

YOUR HONOR, WE WOULD LIKE TO DISPLAY PEOPLE'S 3 FOR IDENTIFICATION ON THE ELMO IF WE MAY.

# 8 THE COURT:

ALL RIGHT. PEOPLE'S 3.

# 9 Q:

BY MR. DARDEN: DETECTIVE, YOU HAVE IN FRONT OF YOU A LASER POINTER; IS THAT CORRECT?

# 10 A:

YES, I DO.

# 11 THE COURT:

AND BEING CAREFUL WHERE YOU POINT IT.

# 12 MR. DARDEN:

IF IT PLEASE THE COURT, YOUR HONOR, CAN WE HAVE THE WITNESS STEP DOWN FROM THE WITNESS STAND --

# 13 THE COURT:

YES.

# 14 MR. DARDEN:

-- AND ASK HIM SOME QUESTIONS?

# 15 THE COURT:

YES.

# 16 MR. DARDEN:

BRING THE LASER POINTER WITH YOU. MR. FAIRTLOUGH.

# 17 Q:

BY MR. DARDEN: NOW, DETECTIVE, THESE ARE THE POLAROIDS YOU TOOK A LITTLE OVER SIX YEARS AGO; IS THAT CORRECT?

# 18 A:

THAT IS TRUE.

# 19 Q:

YOU INDICATED EARLIER THAT THERE WAS A CUT ON HER LIP THAT YOU SAW?

# 20 A:

YES. IT'S RIGHT THERE UNDERNEATH THE NOSE (INDICATING), APPEARED TO BE ABOUT ONE INCH IN LENGTH.

# 21 Q:

AND YOU'VE POINTED THAT OUT; IS THAT CORRECT?

# 22 A:

THAT'S CORRECT.

# 23 Q:

WHAT OTHER INJURIES IF ANY DO YOU SEE DEPICTED IN THIS POLAROID PHOTOGRAPH?

# 24 A:

THERE'S A BRUISE AND SWELLING HERE ON THE RIGHT SIDE OF THE CHEEK (INDICATING) AND THERE'S A PATTERN AND SWELLING -- THERE'S SOME SORT OF A PATTERN RIGHT HERE THAT I COULDN'T QUITE MAKE OUT AND I WANTED THAT PHOTOGRAPHED, AND HER EYE IS SWOLLEN AND THE OTHER EYE IS STARTING TO SWELL JUST A LITTLE BIT. THIS ONE IS GETTING BLACK AND BLUE, AND DOWN AROUND HER NECK, THIS IS RED AND THERE'S FINGERPRINT -- FINGER INDENTATIONS ON THIS PART OF HER NECK, LEFT SIDE OF HER NECK. NONE OF THAT SHOWS UP ON THE POLAROID VERY WELL. I BELIEVE THERE'S ALSO A CUT ON THE INSIDE OF HER LIP THAT CORRESPONDS WITH THAT CUT, BUT IT'S NOT --

KEY QUOTE

# 25 MR. COCHRAN:

YOUR HONOR, AT THIS POINT, MOVE TO STRIKE THAT. YOU CAN'T SEE THAT FROM THE PHOTOGRAPH.

# 26 THE COURT:

HE'S TESTIFYING FROM HIS RECOLLECTION. YOU CAN COVER THAT ON CROSS-EXAMINATION. MR. DARDEN.

# 27 MR. DARDEN:

PEOPLE'S 4, YOUR HONOR.

# 28 Q:

BY MR. DARDEN: DETECTIVE, THIS IS ANOTHER ONE OF THE POLAROID PHOTOGRAPHS YOU TOOK?

# 29 A:

YES.

# 30 Q:

IS THAT CORRECT?

# 31 A:

YES. THIS IS A DIFFERENT VIEW OF THE SAME VICTIM, DIFFERENT SHOT. IT'S THE CUT, THE SWOLLEN AND CONTUSION, BRUISE RIGHT HERE (INDICATING) AND THIS PATTERN IS STARTING TO LOOK A LITTLE BIT BETTER, BUT IT'S SWOLLEN AND RED. THERE'S A DEFINITE PATTERN TO IT AND THEN THIS -- THE BLACK AND BLUE MARKS HERE DON'T SHOW.

# 32 MR. DARDEN:

PEOPLE'S 5, YOUR HONOR.

# 33 Q:

BY MR. DARDEN: WHAT IS DEPICTED IN PEOPLE'S 5, DETECTIVE?

# 34 A:

THIS IS THE FRONT OF WEST L.A. DESK WITH THE DESK OFFICER THERE, AND THIS IS NICOLE SIMPSON WEARING MY PARTNER'S FIELD JACKET (INDICATING). AND THESE ARE THE PANTS I WAS TRYING TO DESCRIBE, IS SORT OF A SWEATPANTS OR LIGHT PAJAMA BOTTOM, AND THIS MUDDY LEG IS FROM WHEN SHE HIT THE GROUND OUTSIDE WHEN SHE WAS THROWN OUT.

# 35 MR. COCHRAN:

YOUR HONOR, I MOVE TO STRIKE THAT, YOUR HONOR, MOVE TO STRIKE THAT.

# 36 THE COURT:

THE LAST COMMENT, "THE MUDDY LEG IS WHEN SHE HIT THE GROUND OUTSIDE WHEN SHE WAS THROWN OUT," THAT, LADIES AND GENTLEMEN, YOU ARE TO DISREGARD THAT AS THERE'S NO FOUNDATION FOR THAT ANSWER AT THIS POINT. THANK YOU, COUNSEL.

# 37 MR. COCHRAN:

THANK YOU.

# 38 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

# 39 THE COURT:

CERTAINLY.

# 40 Q:

BY MR. DARDEN: DETECTIVE, PLEASE RETAKE THE STAND. DETECTIVE, YOU DID PREPARE A FOLLOW-UP OR SUPPLEMENTAL REPORT IN THIS MATTER; IS THAT CORRECT?

# 41 A:

THAT IS CORRECT.

# 42 Q:

AND DID YOU PREPARE THAT REPORT ON THE MORNING OF JANUARY 1, 1989?

# 43 A:

NO. IT WAS ABOUT 30 DAYS LATER I BELIEVE.

# 44 Q:

AND WHY DID YOU PREPARE A REPORT 30 DAYS AFTER THE INCIDENT?

# 45 A:

THE CITY ATTORNEY OF THE CITY OF LOS ANGELES ASKED ME TO.

# 46 Q:

AND DO YOU KNOW WHY HE ASKED YOU TO?

# 47 MR. COCHRAN:

YOUR HONOR, THAT CALLS FOR SPECULATION.

# 48 THE COURT:

SUSTAINED.

# 49 MR. DARDEN:

I'M ASKING IF HE KNOWS.

# 50 MR. COCHRAN:

IRRELEVANT AND IMMATERIAL.

# 51 Q:

BY MR. DARDEN: A PROSECUTOR FROM THE LOS ANGELES CITY ATTORNEY'S OFFICE ASKED YOU TO PREPARE A SUPPLEMENTAL REPORT?

# 52 A:

YES. I RECEIVED A HANDWRITTEN NOTE FROM THE PROSECUTOR.

# 53 MR. COCHRAN:

HEARSAY.

# 54 THE COURT:

NO, HE CAN EMBELLISH SLIGHTLY. MR. DARDEN.

# 55 MR. COCHRAN:

HE ANSWERED THAT ALREADY.

# 56 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

# 57 THE COURT:

CERTAINLY.

# 58 (BRIEF PAUSE.)

# 59 Q:

BY MR. DARDEN: DETECTIVE, AFTER YOU LEFT 360 NORTH ROCKINGHAM WITH NICOLE, DID YOU EVER RETURN TO THE HOUSE?

# 60 A:

YES, I DID.

# 61 Q:

WHEN?

# 62 A:

RETURNED TWICE. I TOOK NICOLE HOME AFTER THE PHOTOGRAPHS AND THEN I HAD TO RETURN AGAIN.

# 63 Q:

WHY DID YOU RETURN TO THE ADDRESS THAT THIRD TIME?

# 64 A:

NICOLE HAD CALLED WEST L.A. STATION, SAID THAT O.J. SIMPSON HAD RETURNED. SO I DROVE BACK TO THE LOCATION.

KEY QUOTE

# 65 Q:

AND WHY DID YOU DRIVE BACK TO THE LOCATION?

# 66 A:

TO TRY TO PLACE HIM UNDER ARREST FOR 273.5 OF THE PENAL CODE.

# 67 Q:

SPOUSAL BATTERY?

# 68 A:

YES.

# 69 Q:

AND WAS HE THERE WHEN YOU RETURNED?

# 70 A:

NO.

# 71 Q:

THANK YOU.

# 72 MR. DARDEN:

NOTHING FURTHER, YOUR HONOR.

# 73 THE COURT:

MR. COCHRAN.

Temperature

tense

Key Quotes (3)

John Edwards

THERE'S A BRUISE AND SWELLING HERE ON THE RIGHT SIDE OF THE CHEEK AND THERE'S A PATTERN AND SWELLING -- THERE'S SOME SORT OF A PATTERN RIGHT HERE THAT I COULDN'T QUITE MAKE OUT AND I WANTED THAT PHOTOGRAPHED, AND HER EYE IS SWOLLEN AND THE OTHER EYE IS STARTING TO SWELL JUST A LITTLE BIT. THIS ONE IS GETTING BLACK AND BLUE, AND DOWN AROUND HER NECK, THIS IS RED AND THERE'S FINGERPRINT -- FINGER INDENTATIONS ON THIS PART OF HER NECK, LEFT SIDE OF HER NECK.

Edwards describes Nicole's injuries methodically, including finger indentations on her neck — physical evidence of strangulation consistent with severe domestic violence.

John Edwards

THIS MUDDY LEG IS FROM WHEN SHE HIT THE GROUND OUTSIDE WHEN SHE WAS THROWN OUT.

Volunteered, prejudicial testimony quickly stricken by Ito — but the jury heard it. Edwards asserts Nicole was physically thrown from the house.

John Edwards

NICOLE HAD CALLED WEST L.A. STATION, SAID THAT O.J. SIMPSON HAD RETURNED. SO I DROVE BACK TO THE LOCATION. TO TRY TO PLACE HIM UNDER ARREST FOR 273.5 OF THE PENAL CODE.

Establishes that police attempted to arrest OJ for spousal battery that morning — but he had already fled, illustrating the failure to hold him accountable.

Evidence (4)

People's 3

Polaroid photograph of Nicole Simpson showing facial injuries including cut on lip, bruising and swelling on right cheek, and swollen eyes

displayed on ELMO; witness used laser pointer to identify specific injuries

People's 4

Second Polaroid of Nicole Simpson from a different angle, showing bruising pattern more clearly

displayed and described by witness

People's 5

Photo of Nicole at the West L.A. station front desk, wearing Edwards's partner's field jacket, with muddy pants leg visible

displayed; witness's volunteered characterization ('thrown out') partially stricken

Informal

Supplemental report prepared approximately 30 days after the January 1, 1989 incident at the request of the Los Angeles City Attorney

discussed

Notable Exchanges (3)

Johnnie Cochran•Lance A. Ito

Cochran moved to strike Edwards's testimony about a cut inside Nicole's lip on grounds it couldn't be seen in the photograph. Ito overruled, clarifying Edwards was testifying from personal recollection, not the photo.

procedural

Johnnie Cochran•Lance A. Ito

Cochran moved to strike Edwards's spontaneous remark that Nicole's muddy leg came from 'when she was thrown out.' Ito sustained and instructed the jury to disregard, citing lack of foundation.

strategic

Christopher Darden•Johnnie Cochran•Lance A. Ito

Darden asked why the City Attorney requested the supplemental report. Cochran objected as speculation (sustained), Darden rephrased, Cochran raised hearsay, Ito allowed Edwards to 'embellish slightly.'

procedural

Credibility Attacks (1)

⚔ John Edwards

scope limitation / foundation challenge

Cochran repeatedly challenged Edwards for testifying beyond what the photographs actually depicted, forcing Ito to clarify that Edwards was drawing on personal recollection rather than the photos — a distinction that could cut either way with the jury.

Witness Demeanor

(INDICATING) — repeated stage direction as witness physically pointed to injuries on displayed photographs

Witness stepped down from stand to use laser pointer on ELMO display

Objections

6 objections (2 sustained, 3 overruled)

Proceeding 4547 • 73 utterances • Prosecution witness

Criminal Trial

Department 103