Cross-examination of Francesca Harman (part 1)

📄 Cross-examination of Francesca Harman (part 1) — Tuesday, July 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\11\CROSS-EXAMINATION-OF-FRANCESCA.DOC

TRIAL

▲ Day 112 of 167

◀ Timing announcement Off-the-record discussion ▶

Witness: Francesca Harman
Examiner: Christopher Darden
Called by: Defense • Date: Tuesday, July 11, 1995 • Utterances: 147

Prosecutor Christopher Darden cross-examines defense witness Francesca Harman, who testified she was driving north on Bundy at 10:20 PM the night of the murders. Darden methodically establishes she was in the opposite lane from Nicole's condo, not looking left, had her radio on, and didn't see any other pedestrians — including other defense witnesses who also claimed to be on Bundy at the same time. The most damaging moment comes when Harman reveals she re-drove the route with the defense team present, and they all witnessed together that her headlights never reached the crime scene gate — yet she was called to testify anyway.

# 1 MR. DARDEN:

Thank you, your Honor.

CROSS-EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

Good afternoon.

# 3 MS. HARMAN:

Good afternoon.

# 4 MR. DARDEN:

Did you happen to drive to the area behind--located behind Nicole Brown's condo that night?

# 5 MS. HARMAN:

Uh, is that this area here (Indicating)?

# 6 MR. DARDEN:

Well, you tell me. Do you know where she lived?

# 7 MS. HARMAN:

No. No. I mean, I didn't know that was her house until after the fact, and I would have no reason to be on this out--this street here.

# 8 MR. DARDEN:

So you don't know whether or not there was a white Ford Bronco parked behind that structure at 10:20 or not; is that correct?

# 9 MS. HARMAN:

That's correct.

# 10 MR. DARDEN:

Okay. Are you being--or rather, were you kept in a room today as you waited to testify?

# 11 MS. HARMAN:

Yes, I was.

# 12 MR. DARDEN:

Were you kept there with other Defense witnesses?

# 13 MS. HARMAN:

Could you be more clear on the question, please?

# 14 MR. DARDEN:

Well--

# 15 MR. SHAPIRO:

Your Honor, may we approach?

# 16 MR. DARDEN:

Were you in a room today with--

# 17 THE COURT:

Proceed.

# 18 MR. DARDEN:

--with Ellen Aaronson, a young woman wearing a beige or taupe blazer?

# 19 MS. HARMAN:

Very, very, very briefly.

# 20 MR. DARDEN:

Okay. Did you see her on Bundy, walking on Bundy Avenue that night at 10:20?

# 21 MS. HARMAN:

I didn't notice her.

# 22 MR. DARDEN:

In fact, you have stated before, have you not, that you did not see any pedestrians on the street on Bundy?

# 23 MS. HARMAN:

That's correct.

# 24 MR. DARDEN:

Okay. So you didn't see Ellen Aaronson?

# 25 MS. HARMAN:

No, I didn't.

# 26 MR. DARDEN:

And you didn't see Danny Mandel?

# 27 MS. HARMAN:

No.

# 28 MR. DARDEN:

Okay. And it's your testimony that you were on Bundy at 10:20 P.M.; is that right?

# 29 MS. HARMAN:

I was at the corner of Dorothy and Bundy at 10:20.

# 30 MR. DARDEN:

And then you made a right turn?

# 31 MS. HARMAN:

Then I made a right turn.

# 32 MR. DARDEN:

You were driving north at that point; is that correct?

# 33 MS. HARMAN:

Correct.

# 34 MR. DARDEN:

You drove north on Bundy?

# 35 MS. HARMAN:

Correct.

# 36 MR. DARDEN:

You didn't see anybody walking?

# 37 MS. HARMAN:

I didn't notice anything that was unusual.

# 38 MR. DARDEN:

Now, as you drove north on Bundy, Nicole Brown's condo would have been to your left; is that correct?

# 39 MS. HARMAN:

Correct.

# 40 MR. DARDEN:

Okay. You're driving on the right-hand side of the street?

# 41 MS. HARMAN:

Correct.

# 42 MR. DARDEN:

The condo is on the opposite side of the street; is that correct?

# 43 MS. HARMAN:

Correct.

# 44 MR. DARDEN:

Is there a yellow line dividing the middle of the street?

# 45 MS. HARMAN:

Yes.

# 46 MR. DARDEN:

Okay. And so I take it then as you drove north on Bundy drive, you were looking at the road?

# 47 MS. HARMAN:

Correct.

# 48 MR. DARDEN:

You were looking ahead?

# 49 MS. HARMAN:

That's correct.

# 50 MR. DARDEN:

You weren't looking to your left across the street at Bundy?

# 51 MS. HARMAN:

I would have no reason to.

KEY QUOTE

# 52 MR. DARDEN:

Have you been back to the area near 875 south Bundy?

# 53 MS. HARMAN:

Yes, I have.

# 54 MR. DARDEN:

And why did you go back?

# 55 MS. HARMAN:

I have friends that live on Dorothy. I have friends that live on Darlington. I have friends that live on Kiowa. So I'm always coming down Bundy.

# 56 MR. DARDEN:

Okay. Now, as you drove north on Bundy, you had your radio on?

# 57 MS. HARMAN:

Yes, I did.

# 58 MR. DARDEN:

And what kind of car were you driving?

# 59 MS. HARMAN:

Nissan 300Z.

# 60 MR. DARDEN:

Okay. Convertible?

# 61 MS. HARMAN:

No.

# 62 MR. DARDEN:

Hard top?

# 63 MS. HARMAN:

Yes.

# 64 MR. DARDEN:

Was the top on?

# 65 MS. HARMAN:

Yes.

# 66 MR. DARDEN:

You didn't hear any noise that sounded like fighting?

# 67 MS. HARMAN:

No, I did not.

# 68 MR. DARDEN:

And you couldn't hear any noise that sounded like fighting because you were listening to the radio; is that correct?

# 69 MR. SHAPIRO:

Objection. Calls for speculation.

# 70 THE COURT:

Overruled.

# 71 MS. HARMAN:

I had the radio on. I didn't hear any noise.

# 72 MR. DARDEN:

Okay. You didn't hear any scuffling?

# 73 MS. HARMAN:

I did not.

# 74 MR. DARDEN:

You didn't hear anyone yell anything?

# 75 MS. HARMAN:

No, I did not.

# 76 MR. DARDEN:

And you couldn't hear those things because you had the window rolled up; is that correct?

# 77 MS. HARMAN:

No. The window is actually cracked because I always open the window for circulation. So the window was open.

# 78 MR. DARDEN:

So the window was cracked?

# 79 MS. HARMAN:

Uh-huh.

# 80 MR. DARDEN:

Is that yes?

# 81 MS. HARMAN:

That's correct.

# 82 MR. DARDEN:

The window wasn't completely open?

# 83 MS. HARMAN:

No, it was not.

# 84 MR. DARDEN:

Okay. Now, having gone back and looked at the location at 875 south Bundy, have you noticed that there's a very, very large palm tree almost directly in front of the walkway at 875 south Bundy?

# 85 MS. HARMAN:

There's a lot of things in front of the walkway right now. There's gates and yellow tape and trees and bushes.

# 86 MR. DARDEN:

Well, do you recall seeing those trees and bushes at that location when you passed it that night?

# 87 MS. HARMAN:

The trees and bushes I saw would have been as I turned right, and the headlights fell on the trees and bushes, and then as the car came north, I would see the street. So that would be the trees and the bushes that I saw.

# 88 MR. DARDEN:

Your Honor, I have a photograph. May it be marked--

# 89 THE COURT:

You want to show that to Mr. Shapiro?

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

# 91 MR. DARDEN:

In fact, I would like to show Mr. Shapiro four photographs if I may.

# 92 MR. SHAPIRO:

I'd ask the Court to cut the feed on two of the four photos.

# 93 MR. DARDEN:

I may not show all of them.

# 94 THE COURT:

All right. Mr. Darden.

# 95 MR. DARDEN:

People's next in order, your Honor.

# 96 THE COURT:

496.

# 97 MR. DARDEN:

You won't have to cut the feed for this one.

# 98 (Peo's 496 for id = photograph)

# 99 MR. DARDEN:

Let me show you a photograph if I may, People's 496.

# 100 THE COURT:

Use the monitor.

# 101 MS. HARMAN:

Right here?

# 102 THE COURT:

Mr. Darden.

# 103 MR. DARDEN:

That's Bundy drive?

# 104 MS. HARMAN:

Yes, it is.

# 105 MR. DARDEN:

And you made a right turn at that intersection and turned right; is that correct?

# 106 MS. HARMAN:

That's correct.

# 107 MR. DARDEN:

Okay. And do you see a bright light there in the background near one of the structures?

# 108 MS. HARMAN:

To the right by--to the left of that palm tree?

# 109 MR. DARDEN:

Yes.

# 110 MS. HARMAN:

Yes, I do.

# 111 MR. DARDEN:

Okay. And is that what you would have seen as you made that right turn onto Bundy?

# 112 MS. HARMAN:

Actually, my headlights don't cut--they cut off a little bit before that. I see that--when I did the trip again, my headlights cut across onto that back gate and then the arched gate and then come across the low bushes and come into the street going north. I didn't--they don't go up that high.

# 113 MR. DARDEN:

They don't go all the way up to 875 south Bundy?

# 114 MS. HARMAN:

No, no. You mean the actual entranceway?

# 115 MR. DARDEN:

Yes.

# 116 MS. HARMAN:

No, they didn't. They cut off--I mean, as I'm turning this way (Indicating), if you see that arched gate, they shine on the arched gate, then they shine on the low bushes and then they come across and I'm I headed north on to--north on Bundy.

# 117 THE COURT:

And when the witness indicated turning, she indicated a turning motion to the right.

# 118 MR. DARDEN:

Okay. So, in other words, you couldn't see the gate at Bundy?

# 119 MS. HARMAN:

The gate in question for the murders?

# 120 MR. DARDEN:

Yes.

# 121 MS. HARMAN:

No, I did not.

# 122 MR. DARDEN:

You say that you re-drove the route?

# 123 MS. HARMAN:

Yes, I have re-driven the route.

# 124 MR. DARDEN:

Did you do that with the Defense or did it on your own?

# 125 MS. HARMAN:

I did it with the Defense.

# 126 MR. DARDEN:

Did you tell them that your lights didn't hit the gate at 875 south Bundy?

# 127 MS. HARMAN:

I didn't have to. They were in the car with me.

KEY QUOTE

# 128 MR. DARDEN:

And yet, you're here to testify anyway; is that correct?

KEY QUOTE

# 129 MR. SHAPIRO:

Objection, your Honor.

# 130 THE COURT:

Sustained.

# 131 MR. DARDEN:

Next photograph, your Honor, People's 497. You won't have to cut the feed.

# 132 (Peo's 497 for id = photograph)

# 133 MR. DARDEN:

Now, looking at that photograph, People's 497, do you see a large tree there?

# 134 MS. HARMAN:

The tree in the foreground?

# 135 MR. DARDEN:

Yes.

# 136 MS. HARMAN:

Okay. I see that large palm tree in the foreground.

# 137 MR. DARDEN:

And is that tree directly in front of 875 south Bundy?

# 138 MS. HARMAN:

It looks to be from this picture.

# 139 MR. DARDEN:

Okay. And as you passed the 875 south Bundy location going north on Bundy, had you looked over to your left, you would have seen that palm tree; is that correct?

# 140 MS. HARMAN:

I guess I would if I had looked.

# 141 MR. SHAPIRO:

Objection. Calls for speculation.

# 142 MS. HARMAN:

I didn't look.

# 143 THE COURT:

Overruled.

# 144 MR. DARDEN:

You didn't see three Hispanic males in ski masks on Bundy, did you?

KEY QUOTE

# 145 MS. HARMAN:

No, I did not.

# 146 MR. DARDEN:

Can I have one moment, your Honor? I'm just about done.

# 147 THE COURT:

Sure.

Temperature

tense

Key Quotes (4)

Francesca Harman

I didn't have to. They were in the car with me.

Harman confirms the defense team personally witnessed that her headlights didn't reach the murder scene gate during a re-drive — making Darden's follow-up ('and yet you're here to testify anyway') land even harder.

Christopher Darden

And yet, you're here to testify anyway; is that correct?

The sharpest moment of the cross — Darden insinuating the defense knowingly called a witness whose own demonstration undermined her testimony. Objection sustained, but the implication stuck.

Francesca Harman

I would have no reason to.

Harman admits she wasn't looking at Nicole's condo as she drove past, effectively conceding she had no meaningful opportunity to observe anything relevant at the crime scene.

Christopher Darden

You didn't see three Hispanic males in ski masks on Bundy, did you?

Sardonic closing question — Darden's rhetorical punctuation on a witness who saw nothing, likely a swipe at alternative suspect theories circulating outside the courtroom.

Evidence (2)

People's 496

Photograph of Bundy Drive showing the Dorothy/Bundy intersection and structures in the background, including a palm tree and a visible light near a building

introduced to establish Harman's sight lines and the layout of the turn she made

People's 497

Photograph showing a large palm tree directly in front of 875 South Bundy

introduced to establish obstructions between the roadway and the crime scene gate

Notable Exchanges (3)

Christopher Darden•Francesca Harman

Darden extracts that Harman re-drove the route with the defense team in the car, during which it was established her headlights didn't reach the gate at 875 South Bundy — then follows up by noting she's testifying anyway.

devastating

Christopher Darden•Francesca Harman

Darden establishes that Harman didn't see defense witnesses Ellen Aaronson or Danny Mandel, who also claimed to be on Bundy at 10:20 PM — quietly undercutting the defense's cluster of alibi-adjacent witnesses.

strategic

Robert Shapiro•Lance A. Ito

Shapiro tried to approach the bench when Darden began asking whether Harman was kept in a waiting room with other defense witnesses, suggesting sensitivity about potential witness coordination.

procedural

Light Moments (1)

Christopher Darden

Darden closes the cross with a deadpan question about whether Harman saw 'three Hispanic males in ski masks on Bundy' — a sardonic dismissal of alternative suspect theories and a punctuation mark on a witness who saw nothing.

Credibility Attacks (3)

⚔ Francesca Harman

limited opportunity to observe

Darden establishes Harman was in the far lane from Nicole's condo, not looking left, driving a hard-top car with the window cracked and radio on — constructing a picture of a witness with essentially no valid observation to offer.

⚔ Francesca Harman

prior inconsistent statement

Darden gets Harman to confirm she previously stated she saw no pedestrians on Bundy — which means she also didn't see Aaronson or Mandel, the other defense witnesses supposedly at the same place at the same time.

⚔ Defense (implied)

bad faith / witness coaching implication

By establishing that defense counsel rode along on Harman's re-drive and witnessed firsthand that her headlights didn't reach the crime scene, Darden implies the defense knowingly presented testimony they knew was useless — the sustained objection came too late to erase the inference.

Witness Demeanor

(The witness indicating) — Harman physically demonstrated the arc of her turn and headlight direction for the court

Calm and precise throughout; voluntarily corrected Darden on the window detail ('No, it was not [completely open]... I always open the window for circulation') and was specific about where her headlights fell during the turn

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 6758 • 147 utterances • Defense witness

Criminal Trial

Department 103