Redirect examination of Robert Heidstra (part 1)

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

Address:

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

TRIAL

▲ Day 113 of 167

◀ Cross-examination of Robert Heidstra (part 4) Sidebar: witness bias evidence ▶

Witness: Robert Heidstra
Examiner: Johnnie Cochran
Called by: Defense • Date: Wednesday, July 12, 1995 • Utterances: 98

Cochran uses redirect to rehabilitate Heidstra on two fronts: clarifying that the white vehicle he saw turned south on Bundy (away from OJ's home, not toward it), and reading into the record the F. Lee Bailey letter that instructed Heidstra to avoid contact with other witnesses. The proceeding ends mid-session as Cochran attempts to impeach Patricia Baret's credibility and is cut off by a sustained objection.

# 1 MR. COCHRAN:

Thank you, your Honor. May I approach, your Honor?

# 2 THE COURT:

You may.

# 3 (Brief pause.)

# 4 MR. COCHRAN:

While you are down, with the Court's permission, thank you very much, in one of Mr. Darden's questions, sir, he asked you about this white vehicle that you described?

# 5 MR. HEIDSTRA:

Right.

# 6 MR. COCHRAN:

And I'm going to go back and ask you what you told the police on June 21st regarding this vehicle. Do you remember talking to Payne at that time?

# 7 MR. HEIDSTRA:

Yeah, right.

# 8 MR. COCHRAN:

All right. And at that time Mr. Darden asked you a question, was that vehicle, the white vehicle--which was the third in the vehicles you saw?

# 9 MR. HEIDSTRA:

Right.

# 10 MR. COCHRAN:

--was that vehicle going eastbound on Dorothy?

# 11 MR. HEIDSTRA:

Eastbound, yeah,--it came to Bundy east, yeah. It came here, (Indicating), this side, so it went east.

# 12 MR. COCHRAN:

It was going eastbound on Dorothy, so when it got to Bundy--

# 13 MR. HEIDSTRA:

Right.

# 14 MR. COCHRAN:

--in which direction did it turn?

# 15 MR. HEIDSTRA:

It went south, made a right turn.

# 16 MR. COCHRAN:

It made a right turn on Bundy; is that correct?

# 17 MR. HEIDSTRA:

Right here, (Indicating).

# 18 MR. COCHRAN:

All right. So if we were to look at the diagram on plaintiff's 26, you are going about it going eastbound?

# 19 MR. HEIDSTRA:

Stopped.

# 20 MR. COCHRAN:

Turning right?

# 21 MR. HEIDSTRA:

Yeah.

# 22 MR. COCHRAN:

Is that correct?

# 23 MR. HEIDSTRA:

Yeah.

# 24 MR. COCHRAN:

And sir, that is direction away from Mr. O.J. Simpson's home?

KEY QUOTE

# 25 MR. HEIDSTRA:

It is away.

# 26 MR. COCHRAN:

All right. You were going to go to O.J. Simpson's home from that location, you wouldn't go down to Wilshire, would you?

# 27 MR. HEIDSTRA:

I would go north, I guess.

# 28 MR. COCHRAN:

You would go northbound Sunset; isn't that correct?

# 29 MR. HEIDSTRA:

Yeah.

# 30 MR. COCHRAN:

Is that what you saw?

# 31 MR. HEIDSTRA:

It went south; that is correct.

# 32 MR. COCHRAN:

That is what you told the police?

# 33 MR. HEIDSTRA:

Yes.

# 34 MR. COCHRAN:

You may resume your seat, sir.

# 35 (Witness complies.)

# 36 MR. COCHRAN:

Now, sir, Mr. Darden asked you a number of questions, and one of the questions he asked you was about a letter or something that you had received from Mr. Bailey. Do you recall that?

# 37 MR. HEIDSTRA:

Yeah. Mr. McKenna gave it to me.

# 38 MR. COCHRAN:

And I'm going to mark this as Defendant's next in order, your Honor, show it to the Prosecutor and then I would like to mark it as our next in order.

# 39 THE COURT:

1240.

# 40 MR. COCHRAN:

Thank you, your Honor.

# 41 (Deft's 1240 for id = letter)

# 42 MR. COCHRAN:

I am placing 1240 on this, your Honor, and I'm going to ask the witness a couple of questions and then I would like to place it on the elmo, if I might.

# 43 MR. COCHRAN:

I want to ask you whether or not this appears to be a copy of the letter that Mr. Bailey gave you?

# 44 MR. HEIDSTRA:

Yes.

# 45 MR. COCHRAN:

Says, "Dear Robert"?

# 46 MR. HEIDSTRA:

Yes.

# 47 MR. COCHRAN:

Signed by Mr. Bailey?

# 48 MR. HEIDSTRA:

Yes.

# 49 MR. DARDEN:

Object, your Honor, as hearsay.

# 50 THE COURT:

356. Proceed.

# 51 MR. COCHRAN:

Thank you, your Honor. Place it on the elmo, please.

# 52 (Brief pause.)

# 53 MR. COCHRAN:

Now, can you look at that monitor there?

# 54 MR. HEIDSTRA:

Right.

# 55 MR. COCHRAN:

This is a letter--after you were subpoenaed Mr. McKenna gave you this letter; is that correct?

# 56 MR. HEIDSTRA:

Yeah.

# 57 MR. COCHRAN:

Do you recall that the letter indicated as follows: "Dear Robert"--that is your name, right?

# 58 MR. HEIDSTRA:

That is my name still.

KEY QUOTE

# 59 MR. COCHRAN:

Robert if you want to speak French.

KEY QUOTE

# 60 MR. HEIDSTRA:

Tres bien.

# 61 MR. COCHRAN:

"We would like to thank you very kindly for taking the time to assist you in enabling you to present your testimony in a manner which will afford our jury the best opportunity to comprehend and understand your testimony very clearly." Is that what the later indicated?

# 62 MR. HEIDSTRA:

Exactly.

# 63 MR. COCHRAN:

Second paragraph: "In order to prevent any claim or concern that the testimony of one witness has been influenced by the recollections of another witness, we are requesting that you avoid contact with other witnesses who have information about occurrences in the vicinity of Dorothy and south Bundy between 10:00 and eleven o'clock P.M. on June 12th, 1994."

# 64 MR. HEIDSTRA:

Correct.

# 65 MR. COCHRAN:

Said that?

# 66 MR. HEIDSTRA:

Yes.

# 67 MR. COCHRAN:

"Indeed it would be best, if it is convenient in your own particular circumstances, to discuss your recollections of these events with no one but the lawyers and investigators for both sides."

# 68 MR. HEIDSTRA:

Right.

# 69 MR. COCHRAN:

Your letter said that?

# 70 MR. HEIDSTRA:

Exactly.

# 71 MR. COCHRAN:

"We do not wish to be presumptuous or rude in any way; however, your testimony is so critical to Mr. Simpson's Defense we wish to take every precaution to protect it from any external influences." That is what it indicated?

KEY QUOTE

# 72 MR. HEIDSTRA:

Exactly that is it.

# 73 MR. COCHRAN:

"We appreciate your understanding of these circumstances"; is that correct?

# 74 MR. HEIDSTRA:

Right.

# 75 MR. COCHRAN:

That letter then was signed by F. Lee Bailey, right?

# 76 MR. HEIDSTRA:

Right.

# 77 MR. COCHRAN:

Now, that is a letter that you got as a witness in this case; is that correct?

# 78 MR. HEIDSTRA:

Exactly, yes.

# 79 MR. COCHRAN:

Did you try and avoid discussing your testimony?

# 80 MR. HEIDSTRA:

Oh, sure.

# 81 MR. COCHRAN:

With other people who had been in and around that area?

# 82 MR. HEIDSTRA:

Yeah.

# 83 MR. COCHRAN:

Now, you have been asked a number of questions by Mr. Darden today and you were asked some questions about a lady by the name of Patricia Baret. Let's take her first. Is Patricia Baret a French lady?

# 84 MR. HEIDSTRA:

She speaks fluent French.

# 85 MR. COCHRAN:

She speaks French?

# 86 MR. HEIDSTRA:

Yeah.

# 87 MR. COCHRAN:

When you are around her and when you talk to her is it your testimony that she speaks French only?

# 88 MR. HEIDSTRA:

Yeah. I don't like it.

# 89 MR. COCHRAN:

You don't like that, so that when others are around when she is talking to you, unless they speak French, they don't know what you are talking about, right?

# 90 MR. HEIDSTRA:

I think that is rude. I don't like that at all.

# 91 MR. COCHRAN:

All right. Now, with regard to Miss Baret, was she a friend of Ron Goldman's?

# 92 MR. HEIDSTRA:

She claims that co me.

# 93 MR. COCHRAN:

She claims she is a friend of Ron Goldman's?

# 94 MR. HEIDSTRA:

Yeah.

# 95 MR. COCHRAN:

And with regard to her, since this case happened, on June 12th, June 13th, 1994, has this lady sold her story and appeared on--

# 96 MR. DARDEN:

Objection, your Honor.

# 97 THE COURT:

Sustained.

# 98 MR. COCHRAN:

It goes to bias. May I be heard on this? May I be heard on this?

Temperature

procedural

Key Quotes (5)

Johnnie Cochran

And sir, that is direction away from Mr. O.J. Simpson's home?

Cochran undercuts Darden's implication by getting Heidstra to confirm the white vehicle was heading away from Simpson's Rockingham address, not toward it.

Robert Heidstra

It is away.

Concise confirmation that neutralizes any inference that the vehicle Heidstra saw was connected to a return trip to OJ's home.

Johnnie Cochran

We do not wish to be presumptuous or rude in any way; however, your testimony is so critical to Mr. Simpson's Defense we wish to take every precaution to protect it from any external influences.

Cochran reads the Bailey letter aloud, framing witness isolation as protective procedure rather than coaching — rebutting Darden's cross implications.

Robert Heidstra

That is my name still.

Dry humor during the French-name exchange; reveals Heidstra's personality on the stand.

Johnnie Cochran

Robert if you want to speak French.

Rare moment of levity; Cochran working the jury with warmth toward his witness.

Evidence (2)

Plaintiff's 26

Street diagram used to show vehicle direction at Dorothy and Bundy intersection

discussed

Defendant's 1240

Letter from F. Lee Bailey to Robert Heidstra instructing him to avoid contact with other witnesses and not discuss his recollections

introduced and read into record

Notable Exchanges (3)

Johnnie Cochran•Robert Heidstra

Cochran walks Heidstra back through the white vehicle's path — eastbound on Dorothy, right turn south on Bundy — establishing it was heading away from Simpson's Rockingham home, not toward it.

strategic

Johnnie Cochran•Robert Heidstra

Cochran reads the full F. Lee Bailey letter aloud via ELMO, letting each paragraph land with the jury while Heidstra confirms each line with 'exactly' or 'right.'

strategic

Johnnie Cochran•Christopher Darden•Lance A. Ito

Cochran attempts to ask whether Patricia Baret sold her story, Darden objects, Ito sustains, and Cochran immediately requests to be heard — transcript cuts off at this dispute.

tense

Light Moments (1)

Robert Heidstra / Johnnie Cochran

After Cochran notes the name 'Robert' is in the letter, Heidstra deadpans 'That is my name still.' Cochran quips 'Robert if you want to speak French' and Heidstra replies 'Tres bien.'

Credibility Attacks (1)

⚔ Patricia Baret

bias — media contact and relationship to victim

Cochran begins questioning Baret's credibility by establishing she claims friendship with Ron Goldman and attempting to show she sold her story, but the line of questioning is cut off by a sustained objection before it completes.

Witness Demeanor

(Witness complies.) — after being told to resume his seat

Dry, direct responses — 'right,' 'exactly,' 'yeah' — consistent and unhesitating throughout redirect

Mild irritation when discussing Patricia Baret speaking French: 'I think that is rude. I don't like that at all.'

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 6772 • 98 utterances • Defense witness

Criminal Trial

Department 103