Cross-examination of Robert Heidstra (part 3)

📄 Cross-examination of Robert Heidstra (part 3) — Wednesday, July 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\12\CROSS-EXAMINATION-OF-ROBERT-HE.DOC

TRIAL

▲ Day 113 of 167

◀ In chambers: impeachment evidence Sidebar: impeachment evidence admissibility ▶

Witness: Robert Heidstra
Examiner: Christopher Darden
Called by: Defense • Date: Wednesday, July 12, 1995 • Utterances: 57

Darden cross-examines defense witness Robert Heidstra using a prior statement (People's 500) Heidstra made to neighbor Patricia Baret. The examination probes inconsistencies in Heidstra's timeline and his descriptions of the two voices he heard near the Bundy crime scene, culminating in a charged moment when Darden asks whether Heidstra told Baret the second voice 'sounded black' — which Heidstra flatly and repeatedly denies.

# 1 MR. DARDEN:

Thank you, your Honor. May I have People's next in order?

# 2 THE CLERK:

500.

# 3 MR. DARDEN:

Your Honor, I have here a one-page statement. May it be marked People's 500?

# 4 THE COURT:

People's 500.

# 5 (Peo's 500 for id = 1-page document)

# 6 MR. DARDEN:

Mr. Heidstra, let me show you a statement, a single-page document which has been marked People's 500. For the record, your Honor, I have blackened out the address and phone number of the--

# 7 THE COURT:

Thank you.

# 8 MR. DARDEN:

--the person indicated in the statement.

# 9 MR. DARDEN:

Please.

# 10 THE COURT:

Mr. Darden.

# 11 MR. DARDEN:

Thank you, your Honor.

# 12 MR. DARDEN:

Mr. Heidstra, you have already testified that you know Patricia Baret, correct?

# 13 MR. HEIDSTRA:

Correct.

# 14 MR. DARDEN:

You have discussed with her in the past your observations and perceptions the night of June 12th, correct?

# 15 MR. HEIDSTRA:

Yes.

# 16 MR. DARDEN:

Mr. Heidstra, did you tell--strike that. You have told us that you left your house at 10:15?

# 17 MR. HEIDSTRA:

Right.

# 18 MR. DARDEN:

Did you tell Miss Baret that you left your house a little after 10:00?

# 19 MR. HEIDSTRA:

No, 10:15.

# 20 MR. DARDEN:

You never told Miss Baret that you left your house a little after 10:00?

# 21 MR. HEIDSTRA:

No, never.

# 22 MR. DARDEN:

And you have told us that--well, strike that. Did you tell Miss Baret that the first voice that you heard, the voice that yelled, "Hey, hey, hey," did you tell Miss Baret that that voice seemed to be the voice of a young man?

# 23 MR. HEIDSTRA:

Yeah, a clear young man, sound like a young adult.

# 24 MR. DARDEN:

And in response to "Hey, hey, hey," you heard another voice; is that correct?

# 25 MR. HEIDSTRA:

Very short, yeah.

# 26 MR. DARDEN:

And that second voice, was that voice loud?

# 27 MR. HEIDSTRA:

Not loud, not very loud.

# 28 MR. DARDEN:

But you could hear it?

# 29 MR. HEIDSTRA:

Yeah, over the dogs, the commotion of the dogs.

KEY QUOTE

# 30 MR. DARDEN:

Okay. Could you determine whether or not the second voice that you heard sounded angry?

# 31 MR. HEIDSTRA:

I couldn't say that for sure. It was like an argument or something.

# 32 MR. DARDEN:

Well, didn't you tell Miss Baret that the second voice that you heard sounded very angry?

# 33 MR. HEIDSTRA:

Not very angry. I said it was an argument, like an argument, fast talking.

KEY QUOTE

# 34 MR. DARDEN:

Okay. Like everyone, I'm sure you've heard a number of different people speak; is that correct?

# 35 MR. HEIDSTRA:

Yes.

# 36 MR. DARDEN:

Older people, correct?

# 37 MR. HEIDSTRA:

Sure.

# 38 MR. DARDEN:

Young people?

# 39 MR. HEIDSTRA:

Children.

# 40 MR. DARDEN:

Caucasian people?

# 41 MR. HEIDSTRA:

Black people, Chinese, you name it.

# 42 MR. DARDEN:

The second voice that you heard, could you tell whether or not that second voice sounded like the voice of an older man?

# 43 MR. HEIDSTRA:

Maybe what--what do you mean by "Older man"? Maybe older than the other person maybe, yes, could be.

# 44 MR. DARDEN:

Well, was it your opinion that the voice of the second man belonged to a man older than the voice of the first man?

# 45 MR. HEIDSTRA:

It could be an older man, yes.

# 46 MR. DARDEN:

Okay. And you told Miss Baret that the second voice was the voice of an older man, didn't you?

# 47 MR. HEIDSTRA:

Yeah.

# 48 MR. DARDEN:

You did tell her that?

# 49 (No audible response.)

# 50 MR. DARDEN:

Okay. And were you able to determine the ethnicity of the person who you say was the second voice?

# 51 MR. COCHRAN:

Object to that--the form of that question, your Honor.

# 52 THE COURT:

Overruled.

# 53 MR. HEIDSTRA:

No, no, no.

# 54 MR. DARDEN:

Isn't it true that you told Patricia Baret that the second voice, which would be the older man, sounded black?

KEY QUOTE

# 55 MR. HEIDSTRA:

Never said that, no, never. Never said that ever. I couldn't hear that voice.

KEY QUOTE

# 56 MR. DARDEN:

I think we need to approach for a moment, your Honor.

# 57 THE COURT:

All right. With the court reporter.

Temperature

tense

Key Quotes (4)

Robert Heidstra

Never said that, no, never. Never said that ever. I couldn't hear that voice.

Heidstra's emphatic denial that he described the second voice as sounding Black — the most explosive moment of the cross, prompting Darden to immediately request a bench conference.

Robert Heidstra

Not very angry. I said it was an argument, like an argument, fast talking.

Heidstra hedges against Darden's framing that he told Baret the second voice sounded 'very angry,' revealing a pattern of the witness qualifying prior characterizations.

Robert Heidstra

Yeah, over the dogs, the commotion of the dogs.

Explains how Heidstra heard the quieter second voice — his dog-walking alibi anchors his presence and perception at the scene.

Christopher Darden

Isn't it true that you told Patricia Baret that the second voice, which would be the older man, sounded black?

The central thrust of the cross — if true, it would suggest Heidstra identified OJ Simpson's voice, undermining his neutral-witness posture.

Evidence (1)

People's 500

One-page statement made by Robert Heidstra to Patricia Baret, with address and phone number redacted, containing prior accounts of his observations the night of June 12th

introduced and used to impeach witness on timeline and voice descriptions

Notable Exchanges (2)

Christopher Darden•Robert Heidstra

Darden systematically walked Heidstra through his prior statements to Baret — departure time, the 'Hey, hey, hey' voice being young, the second voice being older and angry — getting Heidstra to confirm or hedge each point before delivering the race question as the capstone.

strategic

Christopher Darden•Lance A. Ito

After Heidstra's flat denial of the 'sounded black' characterization, Darden immediately requested a bench conference, suggesting he had documentary evidence (People's 500) to press the point further.

procedural

Light Moments (1)

Robert Heidstra

When Darden lists types of people Heidstra has heard speak — older, younger, Caucasian — Heidstra completes the list with 'Black people, Chinese, you name it,' stepping on Darden's carefully escalating setup.

Credibility Attacks (1)

⚔ Robert Heidstra

prior inconsistent statement

Darden used Heidstra's prior statements to Patricia Baret (People's 500) to challenge his trial testimony on: (1) departure time — 'a little after 10:00' vs. 10:15; (2) whether the second voice sounded 'very angry'; and (3) whether Heidstra characterized the second voice as sounding Black.

Witness Demeanor

(No audible response.) — after Darden confirms Heidstra told Baret the second voice belonged to an older man

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6769 • 57 utterances • Defense witness

Criminal Trial

Department 103