📄 Redirect examination of John Edwards (part 3) — Tuesday, January 31, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\31\REDIRECT-EXAMINATION-OF-JOHN-E.DOC
TRIAL
▲ Day 9 of 167

Redirect examination of John Edwards (part 3)

Witness: Det. John Edwards
Examiner: Christopher Darden
Called by: Prosecution • Date: Tuesday, January 31, 1995 • Utterances: 43
Darden conducts a brief further redirect of Detective Edwards, focusing on the mandatory arrest requirement under California law for spousal battery cases and OJ Simpson's flight from the scene in the January 1989 incident. Edwards testifies that under Penal Code sections 273.5 and 13700, arrest was not discretionary — it was legally required — and that Simpson fled before Edwards could examine him for injuries.
1 MR. COCHRAN:

I HAVE NOTHING FURTHER OF THIS WITNESS, YOUR HONOR.

2 THE COURT:

ALL RIGHT. THANK YOU.

3 MR. DARDEN:

JUST A FEW QUESTIONS, YOUR HONOR.

FURTHER REDIRECT EXAMINATION

4

BY MR. DARDEN:

5 Q:

YOU SPOKE TO NICOLE BROWN AND THEN YOU ARRESTED THE DEFENDANT; IS THAT CORRECT?

6 A:

I PLACED HIM UNDER ARREST. PHYSICALLY I COULDN'T GET TO HIM.

7 Q:

OKAY. WHAT WAS THE BASIS OF YOUR DECISION TO ARREST HIM?

8 A:

HER STATEMENT OF HOW SHE WAS INJURED AND THAT I COULD SEE TRAUMA ON HER.

9 Q:

DID THE LAPD HAVE A POLICY REGARDING SPOUSAL BATTERY CASES?

10 A:

YES.

11 Q:

AND THAT POLICY RELATED TO WHEN TO ARREST A SUSPECTED WIFE BEATER; IS THAT CORRECT?

12 MR. COCHRAN:

OBJECT TO THE FORM OF THIS QUESTION, YOUR HONOR. MAY WE APPROACH THE BENCH?

13 THE COURT:

SUSTAINED. REPHRASE THE QUESTION, PLEASE.

14 MR. COCHRAN:

YOUR HONOR, I WOULD LIKE TO APPROACH THE BENCH ON THIS AREA AT THE APPROPRIATE TIME.

15 THE COURT:

REPHRASE THE QUESTION, PLEASE.

16 Q:

BY MR. DARDEN: YOU HAVE READ THE LAW REGARDING SPOUSAL ABUSE; IS THAT CORRECT?

17 A:

YES.

18 Q:

AND WERE YOU AWARE OF THE LAW AS IT STOOD IN 1989?

19 A:

YES.

20 Q:

WHAT DUTY, IF ANY, UNDER THE LAW, DID YOU HAVE TO ARREST THIS DEFENDANT ON JANUARY 1, 1989?

21 MR. COCHRAN:

I'M GOING TO OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR.

22 THE COURT:

OVERRULED.

23 DET. JOHN EDWARDS:

UNDER 273.5 OF THE PENAL CODE AND 13700 OF THE PENAL CODE, I SHALL ARREST THAT PERSON. THERE IS NO IF, ANDS, BUTS ABOUT IT, WILLS OR MAYS, I SHALL ARREST THE DEFENDANT.

KEY QUOTE
24 Q:

YOU ARE REQUIRED UNDER THE LAW UNDER THESE CIRCUMSTANCES TO ARREST?

25 A:

UNDER THE PENAL CODE AND MY DEPARTMENT POLICY, ABSOLUTELY, I HAVE TO ARREST THAT PERSON.

26 Q:

YOU TOLD MR. COCHRAN A MOMENT AGO THAT YOU DID NOT EXAMINE THE DEFENDANT UP CLOSE; IS THAT RIGHT?

27 A:

JUST WITHIN ABOUT A FOOT OF THE FENCE BETWEEN US.

28 Q:

HAD HE NOT RUN AWAY, WOULD YOU HAVE HAD AN OPPORTUNITY TO EXAMINE HIM?

29 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR; ARGUMENTATIVE.

30 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

31 DET. JOHN EDWARDS:

YES, I WOULD HAVE HAD A CHANCE TO EXAMINE HIM THOROUGHLY HAD HE NOT FLED THE SCENE.

KEY QUOTE
32 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
33 THE COURT:

THAT WAS A FEW QUESTIONS.

34 MR. DARDEN:

I'M SORRY?

35 THE COURT:

THAT WAS A FEW QUESTIONS.

36 MR. DARDEN:

IN LEGALESE A FEW IS LIKE TEN OR FIFTEEN, YOUR HONOR.

KEY QUOTE
37 Q:

BUT FINALLY, DID HE COMPLAIN TO YOU OR SHOW YOU ANY INJURIES?

38 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

39 MR. DARDEN:

LAST QUESTION, JUDGE.

40 THE COURT:

NO. THAT WAS A DIFFERENT QUESTION, SLIGHTLY DIFFERENT QUESTION.

41 Q:

BY MR. DARDEN: DID HE COMPLAIN TO YOU OR SHOW YOU ANY INJURIES?

42 A:

NO, HE DID NOT.

43 MR. DARDEN:

THANK YOU. THAT IS ALL I HAVE.

Temperature

tense

Key Quotes (3)

Detective Edwards
UNDER 273.5 OF THE PENAL CODE AND 13700 OF THE PENAL CODE, I SHALL ARREST THAT PERSON. THERE IS NO IF, ANDS, BUTS ABOUT IT, WILLS OR MAYS, I SHALL ARREST THE DEFENDANT.
Establishes that the arrest was legally mandatory, rebutting any suggestion that Edwards over-reached or acted improperly.
Detective Edwards
YES, I WOULD HAVE HAD A CHANCE TO EXAMINE HIM THOROUGHLY HAD HE NOT FLED THE SCENE.
Directly implicates Simpson's flight as consciousness of guilt and explains why Edwards couldn't document his injuries.
Christopher Darden
IN LEGALESE A FEW IS LIKE TEN OR FIFTEEN, YOUR HONOR.
Rare light moment; Darden deflects Ito's gentle rebuke with humor.

Evidence (2)

Informal
California Penal Code sections 273.5 and 13700 — mandatory arrest statutes for spousal battery
discussed
Informal
LAPD policy on spousal battery arrests
discussed

Notable Exchanges (2)

Christopher DardenLance A. Ito
Ito pointedly notes Darden promised 'a few questions' and kept going; Darden jokes that in legalese 'a few' means ten or fifteen.
light
Christopher DardenJohnnie CochranLance A. Ito
Cochran objects to 'wife beater' phrasing in Darden's question and requests a bench conference; Ito sustains and simply orders rephrasing without allowing the sidebar.
procedural

Light Moments (1)

Christopher Darden
Darden quips that 'in legalese a few is like ten or fifteen' after Ito notes he has exceeded a few questions.

Objections

4 objections (1 sustained, 2 overruled)
Proceeding 4579 • 43 utterances • Prosecution witness
Criminal Trial
Department 103
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📂 JAN 31, 1995 📄 Redirect examination of John E
JAN 31, 1995 KRT DvH TD