Recross-examination of Robert Heidstra (part 1)

📄 Recross-examination of Robert Heidstra (part 1) — Wednesday, July 12, 1995

Address:

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

TRIAL

▲ Day 113 of 167

◀ Redirect examination of Robert Heidstra (part 3) Sidebar: Christian Anders statement ▶

Witness: Robert Heidstra
Examiner: Christopher Darden
Called by: Defense • Date: Wednesday, July 12, 1995 • Utterances: 87

Darden attacks Heidstra's credibility on two fronts: first, that a professional car detailer cannot distinguish a Ford Bronco from a Jeep or Chevy Blazer at 50 yards; and second, by introducing 15 photographs of metal gates near 875 Bundy to undermine Heidstra's certainty about which gate he heard slam. Darden also highlights a portion of Heidstra's statement to Detective Payne — that the sounds came from Nicole Brown's estate — that was not read to the jury during Cochran's direct examination. The proceeding ends abruptly when Darden mentions several names (Lanue, Christian Anders, Marilee Kane) and requests to approach the bench, suggesting pending impeachment witnesses.

# 1 THE COURT:

All right. Mr. Darden.

# 2 MR. DARDEN:

Your Honor, may I confer with Mr. Cochran for a moment?

# 3 THE COURT:

You may.

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

# 5 MR. DARDEN:

Your Honor, we just received this. Can we just have a moment to digest--thank you.

# 6 (Discussion held off the record between the Deputy District Attorneys.)

# 7 MR. DARDEN:

Mr. Heidstra, you already told us that you detail cars, right?

# 8 MR. HEIDSTRA:

Yes.

# 9 MR. COCHRAN:

May we have a second?

# 10 THE COURT:

All right.

# 11 MR. DARDEN:

I'm sorry.

# 12 (Brief pause.)

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

# 14 MR. DARDEN:

Mr. Heidstra--

# 15 MR. DARDEN:

May I?

# 16 THE COURT:

Proceed.

# 17 MR. DARDEN:

You told us that you detail cars for a living; is that right?

# 18 MR. HEIDSTRA:

That's right.

# 19 MR. DARDEN:

And when you detail a car, you pretty much wash and wax and clean just about every aspect of the interior and exterior of that vehicle; is that right?

# 20 MR. HEIDSTRA:

Yes.

# 21 MR. DARDEN:

And yet, it's your testimony that you can't tell the difference between a Bronco and explorer and a Jeep?

# 22 MR. COCHRAN:

That's argumentative. Asked and answered.

# 23 THE COURT:

Sustained. It's argumentative as phrased. There's been no testimony of explorers.

# 24 MR. DARDEN:

I'm sorry.

# 25 MR. DARDEN:

Is it your testimony that you can't tell or rather distinguish a Ford Bronco from a Jeep?

# 26 MR. HEIDSTRA:

They look very much alike in the distance, 50 yards at least. I couldn't say exactly what it was. Impossible.

KEY QUOTE

# 27 MR. DARDEN:

And also that you can't distinguish a Ford Bronco from a Chevy Blazer?

# 28 MR. HEIDSTRA:

They look very much alike.

# 29 MR. DARDEN:

A Chevy Blazer and a Ford Bronco looks very much alike to you?

# 30 MR. HEIDSTRA:

Yeah. They look alike, certainly from a distance, from a distance.

# 31 MR. DARDEN:

You were just reading your statement to Detective Payne with Mr. Cochran; is that correct?

# 32 MR. HEIDSTRA:

Yes.

# 33 MR. DARDEN:

But you didn't read all of that statement to the jury, did you?

# 34 MR. HEIDSTRA:

Yes.

# 35 MR. DARDEN:

You didn't read this part, did you, at the bottom of page 1 where the statement reads: "It was his opinion the sounds came from the brown estate as that residence is the only one in the area with a large metal security gate." You didn't read that this morning when you and Mr. Cochran were reading your statement, did you?

KEY QUOTE

# 36 MR. COCHRAN:

I object to the form of the question.

# 37 THE COURT:

Overruled.

# 38 MR. DARDEN:

Is that correct?

# 39 MR. HEIDSTRA:

Yes, it's correct.

# 40 MR. DARDEN:

Your Honor, I have here 15 photographs. May they be marked collectively as--

# 41 THE CLERK:

501.

# 42 MR. DARDEN:

501?

# 43 THE COURT:

All right. People's 501 collectively. And how many photographs?

# 44 MR. DARDEN:

15.

# 45 (Peo's 501 for id = 15 photographs)

# 46 THE COURT:

And you've shown those to Mr. Cochran?

# 47 MR. DARDEN:

Yes.

# 48 THE COURT:

All right.

# 49 MR. DARDEN:

Mr. Heidstra, showing you the 15 photographs here, all of those photographs depict the metal gates at residences located at or adjacent--

# 50 MR. COCHRAN:

I object to this, to the form of the question.

# 51 MR. DARDEN:

--875--

# 52 MR. COCHRAN:

Object to the form of the question.

# 53 THE COURT:

Overruled.

# 54 MR. DARDEN:

--south Bundy; is that correct?

# 55 MR. HEIDSTRA:

Pardon?

# 56 MR. DARDEN:

Each of those photographs show gates, metal gates at residences located adjacent to and within a couple of doors from 875 Bundy; is that correct?

# 57 MR. HEIDSTRA:

That's correct.

# 58 MR. DARDEN:

Okay. Would you just take a look through all 15 photographs just to make sure? And would you also take notice of whether or not the addresses for each of those residences is indicated on the photographs.

# 59 MR. HEIDSTRA:

(The witness complies.) sure.

# 60 THE COURT:

All right. The record should reflect the witness has had the opportunity to examine each of those 15 photographs. Mr. Darden.

# 61 MR. DARDEN:

And in fact, Mr. Heidstra, those photographs or some of those photographs show gates that look exactly like the gate at 875 south Bundy, don't they?

# 62 MR. HEIDSTRA:

They do. Sure.

# 63 MR. DARDEN:

Okay. There are others residences with gates just like Nicole Brown's front gate, correct?

# 64 MR. HEIDSTRA:

Yeah. They're some of them, not all.

# 65 MR. DARDEN:

Yet it's your testimony that from your position in that alley, that you could tell, that you knew that the gate that you heard slam closed was Nicole Brown's gate?

# 66 MR. COCHRAN:

I object to the form. That's been asked and answered.

# 67 THE COURT:

Overruled.

# 68 MR. HEIDSTRA:

Sure. Because I was just opposite Nicole's condo and I knew the dog was behind that gate. So I thought that this is--must be the gate from the dog.

KEY QUOTE

# 69 MR. DARDEN:

You knew the dog was behind the gate?

# 70 MR. HEIDSTRA:

Oh, before, yes. I've seen him before, yes.

# 71 MR. DARDEN:

But you knew the dog was behind the gate that night?

# 72 MR. HEIDSTRA:

No. He didn't sound like he was behind the gate. He was on the street somehow. It sound like it. He was very close by when I came to the--

KEY QUOTE

# 73 MR. DARDEN:

The Akita was walking on the street?

# 74 MR. HEIDSTRA:

No. I didn't see him, but he sound very close, very close when I came to the corner.

# 75 MR. DARDEN:

Did it sound to you as if the Akita was on the east side of Bundy?

# 76 MR. HEIDSTRA:

No. That I couldn't see. No, I don't think so.

# 77 MR. DARDEN:

Are you certain that the Akita was not at 875 south Bundy when you heard the barking?

# 78 MR. HEIDSTRA:

I couldn't say that. It sounded like he was on the street and he was in front of the condo or something like that.

# 79 MR. DARDEN:

Did it sound to you as if the Akita was walking up and down the street?

# 80 MR. HEIDSTRA:

No, no, no, no, no. Was not walking.

# 81 MR. DARDEN:

Do you know someone by the name of Lanue? Lanue?

# 82 MR. HEIDSTRA:

No. Never heard. If I see the person, maybe I recognize him.

# 83 MR. DARDEN:

Do you know someone named Christian Anders?

# 84 MR. HEIDSTRA:

Yeah, I know him.

# 85 MR. DARDEN:

Do you know someone named Marilee Kane?

# 86 MR. HEIDSTRA:

Yeah.

# 87 MR. DARDEN:

Your Honor, may we approach for a moment?

Temperature

tense

Key Quotes (4)

Robert Heidstra

They look very much alike in the distance, 50 yards at least. I couldn't say exactly what it was. Impossible.

A professional car detailer admitting he cannot identify a Ford Bronco at 50 yards cuts against his reliability as a witness to vehicle activity near the crime scene.

Christopher Darden

You didn't read this part, did you, at the bottom of page 1 where the statement reads: 'It was his opinion the sounds came from the brown estate as that residence is the only one in the area with a large metal security gate.'

Reveals an omission from Heidstra's earlier reading of his police statement — a passage that actually supports the prosecution's timeline by placing sounds at Nicole's gate.

Robert Heidstra

Sure. Because I was just opposite Nicole's condo and I knew the dog was behind that gate. So I thought that this is--must be the gate from the dog.

Heidstra's reasoning for identifying the gate is inference, not direct observation — weakening the certainty of his testimony.

Robert Heidstra

No. He didn't sound like he was behind the gate. He was on the street somehow. It sound like it. He was very close by when I came to the--

Heidstra contradicts himself mid-answer about the Akita's location, undermining confidence in his account of what he heard and when.

Evidence (2)

People's 501

15 photographs of metal security gates at residences located at or adjacent to 875 South Bundy

Introduced and shown to witness to challenge his claim that he could identify Nicole Brown's gate specifically

Informal

Heidstra's written statement to Detective Payne, specifically the passage at the bottom of page 1 attributing the gate sound to the Nicole Brown estate

Referenced to highlight omission during Cochran's earlier reading with the witness

Notable Exchanges (3)

Christopher Darden•Robert Heidstra

Darden presses Heidstra on his inability to distinguish a Ford Bronco from a Jeep or Chevy Blazer despite being a professional car detailer. Heidstra holds firm that the vehicles look alike from 50 yards.

strategic

Christopher Darden•Robert Heidstra

Darden confronts Heidstra with 15 photographs showing multiple gates near 875 Bundy that look similar to Nicole's gate, and Heidstra concedes some do look the same — yet maintains he still knew which gate he heard.

revealing

Christopher Darden•Robert Heidstra

Extended questioning about where exactly the Akita was — behind the gate, on the street, in front of the condo — with Heidstra giving increasingly uncertain and hedged answers.

strategic

Credibility Attacks (4)

⚔ Robert Heidstra

Contradiction via professional expertise

Darden uses Heidstra's own occupation — car detailer — to argue he should be able to distinguish vehicle models, making his inability to identify a Bronco seem implausible or convenient.

⚔ Robert Heidstra

Omission from prior statement

Darden highlights that when Heidstra and Cochran read his police statement to the jury, they did not read the passage attributing the gate sound to Nicole Brown's estate — the very passage that corroborates the prosecution's timeline.

⚔ Robert Heidstra

Demonstrative evidence undermining certainty

People's 501 (15 photographs) shows multiple similar gates near 875 Bundy, challenging Heidstra's confident identification of Nicole's gate as the one he heard slam.

⚔ Robert Heidstra

Prior inconsistent statement / self-contradiction

Heidstra first says he knew the dog was behind the gate, then immediately walks it back, saying the dog sounded like it was on the street — creating internal inconsistency about the Akita's location and undermining his timeline account.

Witness Demeanor

(The witness complies.) — reviewing all 15 photographs as directed

Objections

4 objections (1 sustained, 3 overruled)

Proceeding 6779 • 87 utterances • Defense witness

Criminal Trial

Department 103