Cross-examination of Arnelle Simpson (part 3)

📄 Cross-examination of Arnelle Simpson (part 3) — Monday, July 10, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\10\CROSS-EXAMINATION-OF-ARNELLE-S.DOC

TRIAL

▲ Day 111 of 167

◀ Sidebar: trial procedure Witness permission granted ▶

Witness: Arnelle Simpson
Examiner: Marcia Clark
Called by: Defense • Date: Monday, July 10, 1995 • Utterances: 202

Marcia Clark concludes her cross-examination of Arnelle Simpson, OJ Simpson's daughter, focusing on phone records showing a call from the Rockingham residence to OJ's Chicago hotel before he allegedly called home, and pinning down the timeline of when police asked her to leave the property. Cochran's brief redirect rehabilitates Arnelle on conference calls and elicits testimony about the Bronco's cellular phone, while a poignant moment emerges about doors nailed shut since her sister Erin's drowning.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

All right. Let the record reflect we've been rejoined by all members of our jury panel. Miss Simpson, would you resume the witness stand, please. Okay. All right. All right. Miss Clark, you may conclude your cross-examination.

# 3 MS. CLARK:

Thank you. Good afternoon.

THE JURY: Good afternoon.

# 4 MS. CLARK:

All right. You testified--well, let me back up. Let me just show you this one phone number. You'll recognize it. No, I don't think you will actually. You have the bills in front of you, correct?

# 5 MS. SIMPSON:

Yes, I do.

# 6 MS. CLARK:

All right. I'm going to let you refer to that and I'm showing you on the screen now--let me read this for you, what you see on the screen. This is a raw data bill for a phone company, GTE. It shows the date of June 13th, Chicago, Illinois at 6:05 A.M., area code (312), number 693-5800. And you have--that 5 over there is the amount of time. It's 5 minutes. Okay. You have the phone bill for Mr. Simpson's hotel room in Chicago, correct?

# 7 MS. SIMPSON:

Yes.

# 8 MS. CLARK:

Does that appear--there you go. And that was marked as People's 490, right?

# 9 MS. SIMPSON:

Yes.

# 10 MS. CLARK:

All right. Good. Do you see the phone number for the hotel room there? I'm going to direct your attention to it, right there (Indicating).

# 11 MS. SIMPSON:

Yes.

# 12 MS. CLARK:

All right. And does that appear to be the same phone number that you see upon the screen?

# 13 MS. SIMPSON:

Yes.

# 14 MS. CLARK:

All right. I'm going to show you the top of the phone bill on which this number appears and ask you to identify the phone number shown. And was that the phone number for the main house back on June 13th?

# 15 MS. SIMPSON:

Yes.

# 16 MS. CLARK:

All right. So does this reflect that that phone call was made from the main house, the phone in the main residence on June the 13th at 6:05 A.M. to the phone number listed for your father's room in Chicago on June the 13th?

# 17 MR. COCHRAN:

Just a moment. I object to the form of the question based upon--the records speak for themselves.

# 18 THE COURT:

Overruled.

# 19 MS. SIMPSON:

Uh, yes.

# 20 MS. CLARK:

All right. So would you agree that perhaps you are mistaken about having a phone call been placed from the main residence to Mr. Simpson in Chicago before he called to the main residence?

# 21 MS. SIMPSON:

I don't recall that, but there was so much going on and I was so emotional that it could have happened. Yes.

KEY QUOTE

# 22 MS. CLARK:

Okay. Yeah. You testified also that you thought you went to pick up the children at the police station at 7:00 to 7:15?

# 23 MS. SIMPSON:

Yes.

# 24 MS. CLARK:

Okay. Now, after you got the children from the police station--that was--they were in West L.A.; is that right?

# 25 MS. SIMPSON:

Yes.

# 26 MS. CLARK:

And you were in Brentwood, correct?

# 27 MS. SIMPSON:

Yes.

# 28 MS. CLARK:

And it took maybe what, 5 or 10 minutes to get to the station?

# 29 MS. SIMPSON:

Yes.

# 30 MS. CLARK:

Around there.

# 31 MS. SIMPSON:

Yes.

# 32 MS. CLARK:

All right. And it took a few minutes to get them out of the station, talk to them, et cetera?

# 33 MS. SIMPSON:

Yes.

# 34 MS. CLARK:

Is that right? Okay. And then another 5 to 10 minutes to get back?

# 35 MS. SIMPSON:

Yes.

# 36 MS. CLARK:

So about half hour time lapse total between the time you left to the time you got back to Rockingham with the children?

# 37 MS. SIMPSON:

I'd say 20 minutes, but yes.

# 38 MS. CLARK:

That's a fair estimate?

# 39 MS. SIMPSON:

Yes. In that time frame, yes.

# 40 MS. CLARK:

Okay. And then it would have been--if you left about 7:15, it would have been about 7:35 to 7:45 when you got back to the house; is that right?

# 41 MS. SIMPSON:

Yes.

# 42 MS. CLARK:

Okay. And you testified that Sidney went to sleep and Justin played Nintendo?

# 43 MS. SIMPSON:

Yes.

# 44 MS. CLARK:

Okay. And do you recall Kato playing Nintendo with him as well?

# 45 MS. SIMPSON:

No. I don't recall that.

# 46 MS. CLARK:

Okay. Was Kato around though at that time?

# 47 MS. SIMPSON:

Yes.

# 48 MS. CLARK:

Okay. So he could have been playing Nintendo. Is that something you--

# 49 MR. COCHRAN:

Objection. Calls for hearsay.

# 50 THE COURT:

Sustained. Rephrase the question.

# 51 MS. CLARK:

All right. Do you have a particular recollection of whether or not Kato played Nintendo with Justin or not?

# 52 MR. COCHRAN:

Asked and answered.

# 53 THE COURT:

Overruled.

# 54 MS. SIMPSON:

I don't recall him, no.

# 55 MS. CLARK:

Okay. Now, some point there after you brought the children home, do you recall that the police asked you and Kato to look for the keys to the Bronco?

# 56 MS. SIMPSON:

No, I don't recall that.

# 57 MS. CLARK:

Do you recall Kato looking around for the keys to the Bronco?

# 58 MS. SIMPSON:

No.

# 59 MS. CLARK:

Did you know whether your father had those keys with him in Chicago at the time?

# 60 MR. COCHRAN:

Calls for speculation, your Honor.

# 61 THE COURT:

Overruled.

# 62 MS. SIMPSON:

No, I did not know.

# 63 MS. CLARK:

Now, you were asked to leave the premises by the officers at some point, correct?

# 64 MS. SIMPSON:

Yes.

# 65 MS. CLARK:

How long after you got back to Rockingham with the children were you asked to leave the premises?

# 66 MS. SIMPSON:

Maybe 15 to 20 minutes later.

# 67 MS. CLARK:

Okay. Which would have been sometime after 8 o'clock then?

# 68 MS. SIMPSON:

Yes.

# 69 MS. CLARK:

All right. Now, you recall testifying at the preliminary hearing in this matter, correct?

# 70 MS. SIMPSON:

Yes.

# 71 MR. COCHRAN:

That's not the preliminary--I think preliminary hearing.

# 72 MS. CLARK:

I'm sorry? At a motion in the preliminary hearing in this matter, correct?

# 73 MS. SIMPSON:

Yes.

# 74 MS. CLARK:

Okay. And do you recall testifying as to what time you were asked to leave the premises by the police officers?

# 75 MS. SIMPSON:

Yes.

# 76 MS. CLARK:

Okay. And do you recall what your testimony was at that time?

# 77 MS. SIMPSON:

Not off the top of my head, no.

# 78 MS. CLARK:

Would it refresh your recollection if I showed you your testimony?

# 79 MS. SIMPSON:

Please.

# 80 MS. CLARK:

Counsel, page 66 of volume 9.

# 81 MR. COCHRAN:

What line, counsel?

# 82 MS. CLARK:

Line 7. Well, lines 4 through 9.

# 83 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)

# 84 MS. CLARK:

All right. Before, let me ask you the standard lawyer question. Back in July of 1994, when you testified at the motion at the preliminary hearing in this matter, can you tell is if your memory was more fresh as to the events of June the 13th back in July of `94 than they are now?

# 85 MS. SIMPSON:

Yes.

# 86 MS. CLARK:

That would be a fair statement, wouldn't it?

# 87 MS. SIMPSON:

Yes.

# 88 MS. CLARK:

All right. So let me show you what you testified to back then and direct your attention to line 4. Take it to line 10.

# 89 THE COURT:

Just read that to yourself and see if that refreshes your recollection.

# 90 (The witness complies.)

# 91 MS. CLARK:

All right. Does that refresh your recollection any as to when you were asked to leave the premises by the police officers back on June the 13th, 1994?

# 92 MS. SIMPSON:

Yes.

# 93 MS. CLARK:

Okay. And was that a more accurate statement, the testimony you gave back then at the preliminary hearing?

# 94 MS. SIMPSON:

Yes. That's fair to say.

# 95 MS. CLARK:

Okay. And so is it--is it correct then that they probably asked you to leave between 7:15 and 7:30?

# 96 MS. SIMPSON:

Yes.

# 97 MS. CLARK:

All right. Thank you. All right. Now, you indicated that you weren't sure exactly on what day Mr. Simpson and Nicole Brown broke up, correct?

# 98 MS. SIMPSON:

Yes.

# 99 MS. CLARK:

Okay. And certainly, you were not present when that happened?

# 100 MS. SIMPSON:

No.

# 101 MS. CLARK:

And you do not know whether it happened before or after her birthday on May 19th, correct?

# 102 MS. SIMPSON:

I don't know that, no.

# 103 MS. CLARK:

Okay. Let me ask you, on June the 12th, you were not present to see whether or not he was swinging golf clubs around the house on that day, correct?

# 104 MS. SIMPSON:

No.

# 105 MS. CLARK:

All right. And you didn't see Miss Brown in the Rockingham residence in the month of June of 1994, did you?

# 106 MS. SIMPSON:

Can you repeat that for me?

# 107 MS. CLARK:

Yeah. You didn't see Miss Nicole Brown in the Rockingham residence in the month of June of 1994, did you?

# 108 MS. SIMPSON:

No.

# 109 MS. CLARK:

All right. And you did not see what Mr. Simpson was wearing on the night of June the 12th when he went with Kato to McDonald's, did you?

# 110 MS. SIMPSON:

No.

# 111 MS. CLARK:

And at 10 o'clock P.M. on the night of June the 12th, were you at a movie?

# 112 MS. SIMPSON:

Yes.

# 113 MS. CLARK:

Okay. And so you don't know where the Bronco was at that time, at 10 o'clock at night? Let me put it this way. You did not see the Bronco at 10 o'clock at night, is that correct, on the night of June the 12th?

# 114 MS. SIMPSON:

I don't recall.

# 115 MS. CLARK:

Okay. And you did not see Mr. Simpson between 10:00 and 11 o'clock at night on June the 12th; is that correct?

# 116 MS. SIMPSON:

Yes.

# 117 MS. CLARK:

Thank you. I have nothing further.

# 118 THE COURT:

Mr. Cochran.

# 119 MR. COCHRAN:

A few questions, Judge.

REDIRECT EXAMINATION BY MR. COCHRAN

# 120 MR. COCHRAN:

Miss Simpson, you were just shown some testimony that you gave I guess back at a hearing earlier regarding times, with regard to the times you've given us back then. And today, have you been as accurate as you could?

# 121 MS. SIMPSON:

Yes.

# 122 MR. COCHRAN:

The point is, did the police ask you to leave your residence?

# 123 MS. SIMPSON:

Yes.

# 124 MR. COCHRAN:

The point is, did you go pick up your brother and sister?

# 125 MS. SIMPSON:

Yes.

# 126 MR. COCHRAN:

Did you go to West Los Angeles Station to pick them up?

# 127 MS. SIMPSON:

Yes.

# 128 MR. COCHRAN:

Within 15 minutes of coming back, did the police ask you to leave?

# 129 MS. SIMPSON:

Yes.

# 130 MS. CLARK:

Objection. Leading. Asked and answered.

# 131 THE COURT:

Overruled. But it was leading, but it's in the record.

# 132 MR. COCHRAN:

Well, less leading then, your Honor.

# 133 MR. COCHRAN:

So then were those facts accurate, what we just talked about?

# 134 MS. SIMPSON:

Yes.

# 135 MR. COCHRAN:

Now, with regard to Detective Vannatter, do you ever recall a time prior to leaving to pick up your brother and sister that Detective Vannatter was in the kitchen?

# 136 MS. SIMPSON:

I don't recall. There was so much going on that morning. Like I said, as I was in and out, so were they.

# 137 MR. COCHRAN:

All right.

# 138 MS. SIMPSON:

So--

# 139 MR. COCHRAN:

Do you specifically recall seeing him in there?

# 140 THE COURT:

Excuse me. Counsel, you need to allow the witness to finish answering the question.

# 141 MR. COCHRAN:

Certainly, your Honor.

# 142 MS. SIMPSON:

Can you repeat that?

# 143 MR. COCHRAN:

Certainly. Do you ever recall specifically seeing Detective Vannatter in the kitchen area?

# 144 MS. SIMPSON:

Yes.

# 145 MR. COCHRAN:

And when would that have been?

# 146 MS. SIMPSON:

When I first came into the house.

# 147 MR. COCHRAN:

And when was that? At which point?

# 148 MS. SIMPSON:

First thing in the morning around 5:30.

# 149 MR. COCHRAN:

All right. We're talking about Vannatter now.

# 150 MS. SIMPSON:

Oh, Vannatter. Oh, outside.

# 151 MR. COCHRAN:

Yes. That's--you saw Vannatter outside the house?

# 152 MS. SIMPSON:

Yes.

# 153 MR. COCHRAN:

But I'm asking you specifically, do you ever recall seeing him inside the house, the kitchen area?

# 154 MS. SIMPSON:

No.

# 155 MR. COCHRAN:

All right. You described for us earlier you saw him out in the patio area near the pool?

# 156 MS. SIMPSON:

Yes.

# 157 MR. COCHRAN:

All right. You recall that, do you?

# 158 MS. SIMPSON:

Yes.

# 159 MR. COCHRAN:

Okay. Now, you were asked about the fact of some calls or calls made allegedly from a hotel room. Has your father called you on many occasions where he's called you where somebody else was on the line?

# 160 MS. SIMPSON:

Yes.

# 161 MR. COCHRAN:

Where it was kind of a three-party call?

# 162 MS. SIMPSON:

Conference call. He does often.

KEY QUOTE

# 163 MR. COCHRAN:

Does he do that very often?

# 164 MS. SIMPSON:

Yes.

# 165 MR. COCHRAN:

Now, you also mentioned the fact that regarding these doors on the eastern portion of the Rockingham residence. Do you recall that?

# 166 MS. SIMPSON:

Yes.

# 167 MR. COCHRAN:

And so that we're clear, with regard to those doors, if you're inside the house in the family room or in one of those rooms and you want to go out the door that's adjacent to or the door that faces toward the pool, can you get out the house and go out that door?

# 168 MS. SIMPSON:

One of them, yes.

# 169 MR. COCHRAN:

All right. And do you recall whether or not there's a lock on the inside of the door?

# 170 MS. SIMPSON:

On two of the French doors, there are top locks.

# 171 MR. COCHRAN:

All right. And when you said "Top locks," are they high up?

# 172 MS. SIMPSON:

Yes.

# 173 MR. COCHRAN:

Okay. And with regard to those doors, you said something about those doors having been nailed shut?

# 174 MS. SIMPSON:

And then the other doors, there's a sitting area that those doors are nailed shut.

# 175 MR. COCHRAN:

Okay. And they're nailed shut now?

# 176 MS. SIMPSON:

Yes.

# 177 MR. COCHRAN:

Were they nailed shut back then?

# 178 MS. SIMPSON:

Yes.

# 179 MR. COCHRAN:

To the best of your recollection?

# 180 MS. SIMPSON:

Yes.

# 181 MR. COCHRAN:

Why are they shut?

# 182 MS. SIMPSON:

They were done because that is the door that my sister Erin went through when she drowned in the pool.

KEY QUOTE

# 183 MR. COCHRAN:

So they've been shut since then or nailed shut since then?

# 184 MS. SIMPSON:

Yes. Yes.

# 185 MR. COCHRAN:

Now, with regard to the number of calls you received from your dad, is there any quarrel, any--strike that. Do you have any doubt in your mind that you talked to your dad on three times on the phone on June 13th?

# 186 MS. SIMPSON:

Yes.

# 187 MR. COCHRAN:

Is there any doubt in your mind regarding that?

# 188 MS. SIMPSON:

No.

# 189 MR. COCHRAN:

And in your description of your dad and how he appeared, his demeanor during those phone conversations, any doubt in your mind he was distraught and upset?

# 190 MS. SIMPSON:

No.

# 191 MR. COCHRAN:

Now, with regard to the--Miss Clark asked you some questions about a cellular phone and showed you some cellular phone records.

# 192 MS. SIMPSON:

Yes.

# 193 MR. COCHRAN:

Do you recall that? If you know, the cellular phone that your dad normally had, did that cellular phone go into one of his cars also?

# 194 MS. SIMPSON:

Yes.

# 195 MR. COCHRAN:

And which car did the cellular phone go into?

# 196 MS. SIMPSON:

The Bronco.

# 197 MR. COCHRAN:

And was it possible that he could then take the cellular phone out of the Bronco and take it with him when he took the trip to Chicago?

# 198 MS. SIMPSON:

Yes.

# 199 MR. COCHRAN:

Thank you. I have nothing further.

# 200 THE COURT:

Miss Clark.

# 201 MS. CLARK:

No. Nothing further.

# 202 THE COURT:

All right. Miss Simpson, thank you very much. You're excused. Next witness.

Temperature

procedural

Key Quotes (4)

Arnelle Simpson

I don't recall that, but there was so much going on and I was so emotional that it could have happened. Yes.

Arnelle concedes she may have been wrong about the sequence of phone calls with her father in Chicago, undermining her direct testimony.

Arnelle Simpson

They were done because that is the door that my sister Erin went through when she drowned in the pool.

Unexpectedly emotional moment explaining why certain doors at Rockingham were nailed shut — relevant to movement in and out of the house.

Arnelle Simpson

Conference call. He does often.

Cochran rehabilitates the phone record evidence by establishing OJ routinely made three-way calls, explaining how a call could appear to originate from Rockingham.

Arnelle Simpson

The Bronco.

Confirms the cellular phone normally installed in the Bronco — Cochran uses this to suggest OJ took the phone to Chicago, affecting the interpretation of cellular records.

Evidence (3)

People's 490

Phone bill for OJ Simpson's hotel room in Chicago

Used to identify the hotel room phone number and cross-reference call origin

Informal

GTE raw data phone bill showing June 13th call from Rockingham main residence to Chicago hotel at 6:05 A.M., 5 minutes duration

Displayed on screen to challenge Arnelle's account of who called whom first

Informal

Arnelle's prior testimony from preliminary hearing motion, volume 9 page 66 lines 4-9, regarding when police asked her to leave

Used to refresh recollection and impeach on timeline — Arnelle concedes the earlier testimony was more accurate

Notable Exchanges (4)

Marcia Clark•Arnelle Simpson

Clark uses GTE phone records to establish a call was placed from the Rockingham main house to OJ's Chicago hotel before OJ allegedly called home, contradicting Arnelle's prior account of the call sequence.

strategic

Marcia Clark•Arnelle Simpson

Clark uses Arnelle's 1994 preliminary hearing testimony to correct her recollection — Arnelle had testified she was asked to leave between 7:15 and 7:30, earlier than she recalled today.

methodical

Johnnie Cochran•Arnelle Simpson

Cochran elicits that OJ frequently made conference calls, potentially explaining how a call could appear to originate from Rockingham when OJ was in Chicago.

rehabilitative

Johnnie Cochran•Arnelle Simpson

Cochran establishes that the cellular phone normally lived in the Bronco and OJ could have taken it to Chicago, affecting how the cellular records should be read.

strategic

Credibility Attacks (2)

⚔ Arnelle Simpson

Prior inconsistent statement / refreshing recollection

Clark uses Arnelle's July 1994 preliminary hearing testimony to correct her recollection about when police asked her to leave — moving the time from her vague 'after 8 o'clock' to the more precise 7:15–7:30 window she gave closer to the events.

⚔ Arnelle Simpson

Documentary impeachment

Clark uses GTE phone records (People's 490) to challenge Arnelle's account of who initiated the first call between Rockingham and Chicago on June 13th, with Arnelle conceding her memory on this point may be wrong.

Witness Demeanor

(The witness complies.) — reads prior testimony to herself when directed by Judge Ito

Arnelle is cooperative and measured, conceding uncertainty about the phone call sequence without resistance

Momentarily confused when Cochran asked about Vannatter, initially answering about a different detective

Objections

5 objections (1 sustained, 4 overruled)

Proceeding 6680 • 202 utterances • Defense witness

Criminal Trial

Department 103