Cross-examination of Mark Partridge (part 2)

📄 Cross-examination of Mark Partridge (part 2) — Thursday, July 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\13\CROSS-EXAMINATION-OF-MARK-PART.DOC

TRIAL

▲ Day 114 of 167

◀ Sidebar: phone call identification Redirect examination of Mark Partridge ▶

Witness: Mark Partridge
Examiner: Marcia Clark
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 120

Marcia Clark cross-examines Mark Partridge, a lawyer who sat near OJ Simpson on a flight on June 13, 1994, and testified on direct that Simpson did not appear to be acting. Clark systematically dismantles the foundation for that opinion by establishing Partridge had never met Simpson before, had no baseline for his behavior, and was not a psychiatrist. She also catches Partridge understating the number of phone calls Simpson made to someone named 'Skip' — his notes say 'several,' not the 'one' he initially recalled.

# 1 THE COURT:

All right. Thank you, counsel. Proceed.

# 2 MS. CLARK:

Thank you, your Honor.

# 3 MS. CLARK:

And you indicate after the plane took off, he immediately requested a telephone, correct?

# 4 MR. PARTRIDGE:

That's right.

# 5 MS. CLARK:

The stewardess brought him a phone, did she?

# 6 MR. PARTRIDGE:

Yes.

# 7 MS. CLARK:

The first call, were you able to hear who he was speaking to?

# 8 MR. PARTRIDGE:

I heard a name, yes.

# 9 MS. CLARK:

And the name was?

# 10 MR. PARTRIDGE:

I wasn't able to hear. I heard a name.

# 11 MS. CLARK:

And the name was?

# 12 MR. PARTRIDGE:

Skip.

# 13 MS. CLARK:

And approximately how long did he speak to this person named Skip?

# 14 MR. PARTRIDGE:

That particular call was quite brief. I would say a minute.

# 15 MS. CLARK:

Okay. And I take it you've somewhat followed this case; have you not, sir?

# 16 MR. PARTRIDGE:

Somewhat, yes.

# 17 MS. CLARK:

Have you heard the name of an attorney named Skip Taft?

# 18 MR. PARTRIDGE:

I have heard that name.

# 19 MS. CLARK:

And have you learned whether or not he was the Defendant's attorney?

# 20 MR. COCHRAN:

Object to the form of that question, your Honor.

# 21 THE COURT:

Sustained.

# 22 MS. CLARK:

Do you know?

# 23 MR. COCHRAN:

Well, object to the from of that question as to--object to the form of the question, your Honor.

# 24 THE COURT:

Overruled.

# 25 MR. COCHRAN:

It's vague.

# 26 THE COURT:

Overruled.

# 27 MS. CLARK:

Do you know whether he was the Defendant's attorney back on June 13th of 1994?

# 28 MR. PARTRIDGE:

I don't know. I have an understanding.

# 29 MS. CLARK:

And what is that understanding, sir?

# 30 MR. PARTRIDGE:

My understanding--

# 31 THE COURT:

Hold on. Hold on.

# 32 MR. COCHRAN:

Just a moment. That's irrelevant and immaterial.

# 33 THE COURT:

Sustained.

# 34 MS. CLARK:

How many calls on that flight did you hear the Defendant make to someone named Skip?

# 35 MR. PARTRIDGE:

I only remember the name once. But he did--he did mention at one point that he had been trying to reach his office and his lawyer and his mother and his house.

# 36 MS. CLARK:

Objection. This is nonresponsive.

# 37 THE COURT:

Sustained. All right. Next question.

# 38 MR. PARTRIDGE:

I'm sorry.

# 39 MS. CLARK:

You're a lawyer, aren't you, Mr. Partridge?

# 40 MR. PARTRIDGE:

Yes.

# 41 MS. CLARK:

Have you ever tried cases, Mr. Partridge?

# 42 MR. COCHRAN:

Object to this. That's argumentative.

# 43 THE COURT:

Overruled.

# 44 MS. CLARK:

Have you ever tried cases?

# 45 MR. PARTRIDGE:

I have, yes.

# 46 MS. CLARK:

You know the rules of evidence, don't you, sir?

# 47 MR. COCHRAN:

Your Honor, I object to this.

# 48 THE COURT:

Overruled.

# 49 MS. CLARK:

Don't you?

# 50 MR. PARTRIDGE:

I try to know them.

# 51 MS. CLARK:

You know what a nonresponsive answer is, don't you, sir?

# 52 MR. COCHRAN:

Your Honor, object to this.

# 53 MR. PARTRIDGE:

Yes.

# 54 THE COURT:

Overruled.

# 55 MS. CLARK:

And you know when there's no question pending, you're not supposed to be offering any answers; isn't that correct, sir?

# 56 MR. PARTRIDGE:

Yes.

# 57 MS. CLARK:

Now, you offered us the opinion, sir, that the Defendant did not appear to you to be acting, correct? Do you recall that?

# 58 MR. PARTRIDGE:

Yes.

# 59 MS. CLARK:

You'd never met him before the date of June the 13th; isn't that right?

# 60 MR. PARTRIDGE:

That's right.

# 61 MS. CLARK:

You never visited his home in Rockingham?

# 62 MR. PARTRIDGE:

No.

# 63 MS. CLARK:

You never met his ex-wife Nicole Brown, did you?

# 64 MR. PARTRIDGE:

No.

# 65 MS. CLARK:

You never met Ron Goldman, did you?

# 66 MR. PARTRIDGE:

No.

# 67 THE COURT:

Excuse me, counsel. These questions aren't necessary. He's established his first acquaintanceship with him was on the flight.

# 68 MS. CLARK:

You're not a psychiatrist, are you?

# 69 MR. COCHRAN:

Object, your Honor. He's a lawyer. He may be a psychiatrist too.

# 70 THE COURT:

We don't know. Not likely. Proceed.

KEY QUOTE

# 71 MR. PARTRIDGE:

No.

# 72 MS. CLARK:

You don't know what the Defendant's relationship was with his ex-wife, do you?

# 73 MR. COCHRAN:

Your Honor, object to that.

# 74 THE COURT:

Sustained. Sustained.

# 75 MS. CLARK:

But you do know the Defendant is an actor, correct?

# 76 MR. PARTRIDGE:

I understand that he is sometimes an actor, yes.

# 77 MS. CLARK:

And you knew that on June the 13th and when you were on the flight with him; did you not?

# 78 MR. PARTRIDGE:

I don't think I did know that.

# 79 MS. CLARK:

You did not know he was an actor at that time?

# 80 MR. PARTRIDGE:

I only knew that from the Hertz commercials.

KEY QUOTE

# 81 MS. CLARK:

You had not seen any movies he had been in?

# 82 MR. PARTRIDGE:

I don't think so.

# 83 MS. CLARK:

And based on that flight that you took on June the 13th, your only contact with him, do you think that you can offer us a confident opinion as to whether or not he was acting on that date?

# 84 MR. COCHRAN:

Object to that, your Honor. That's argumentative.

# 85 THE COURT:

Sustained.

# 86 MS. CLARK:

Now, sir, you told us about these detailed notes that you took, eight handwritten pages, correct?

# 87 MR. PARTRIDGE:

I--

# 88 MS. CLARK:

Do you recall?

# 89 MR. PARTRIDGE:

I did say that I took notes, yes.

# 90 MS. CLARK:

And you just told us I believe a few questions ago that you only recall one phone call made to Skip by the Defendant; is that right?

# 91 MR. PARTRIDGE:

I only recall the name once. I think, yes.

# 92 MS. CLARK:

All right. I am going to show you page 6 of your notes.

# 93 MR. PARTRIDGE:

Okay.

# 94 MS. CLARK:

See if that refreshes your memory as to whether or not there was one call or more than one call to this person named Skip.

# 95 MR. PARTRIDGE:

Okay. Yes, it does.

# 96 MS. CLARK:

And how does that refresh your recollection, sir?

# 97 MR. PARTRIDGE:

Well, these are my notes taken, made at the--shortly after I--and I referred to more than one call from someone named Skip. So yes, there was more than one call.

# 98 MS. CLARK:

More than one, sir? Isn't it true in your notes, you say several times?

KEY QUOTE

# 99 MR. PARTRIDGE:

Yes. Several.

# 100 MS. CLARK:

Given the fact that June the 13th was the only time you had ever seen the Defendant, I gather then that you will--you have never seen the Defendant when he's angry?

# 101 MR. COCHRAN:

Object. I object to the form of that question, your Honor. Given the facts of this case, it's beyond the scope, improper--

# 102 THE COURT:

Sustained.

# 103 MS. CLARK:

Goes to foundation, your Honor.

# 104 THE COURT:

We've established this is the first time he's seen him.

# 105 MS. CLARK:

All right. You have nothing to compare his conduct on June the 13th to; is that correct?

# 106 MR. PARTRIDGE:

No prior conduct on his part, no, that's correct.

KEY QUOTE

# 107 MS. CLARK:

Nor since; is that correct?

# 108 MR. PARTRIDGE:

Yes. That's correct.

# 109 MS. CLARK:

And you spoke, sir, on direct of the tragedy that affected his life on that day?

# 110 MR. PARTRIDGE:

Yes.

# 111 MS. CLARK:

Do you recall that?

# 112 MR. PARTRIDGE:

Yes.

# 113 MS. CLARK:

Did you reflect also on the tragedy that affected the life of Ron Goldman--

# 114 MR. COCHRAN:

Object. Argumentative.

# 115 MS. CLARK:

--or his family?

# 116 THE COURT:

Sustained. Sustained.

# 117 MS. CLARK:

I'd like to mark the printout of the witness' copyright, People's next in order, 506.

# 118 THE COURT:

506.

# 119 (Peo's 506 for id = copyright)

# 120 MS. CLARK:

I have nothing further.

Temperature

tense

Key Quotes (4)

Mark Partridge

I only knew that from the Hertz commercials.

Partridge admits his only prior knowledge of Simpson as an actor was Hertz ads — undermining his ability to assess whether Simpson was performing grief.

Lance A. Ito

We don't know. Not likely. Proceed.

Ito's dry response to Cochran's suggestion that Partridge might be a psychiatrist — a rare moment of judicial wit.

Marcia Clark

Isn't it true in your notes, you say several times?

Clark impeaches Partridge with his own contemporaneous notes, showing he understated Simpson's calls to attorney Skip Taft.

Mark Partridge

No prior conduct on his part, no, that's correct.

Partridge concedes he had nothing to compare Simpson's behavior to — gutting the evidentiary value of his opinion testimony.

Evidence (2)

People's 506

Printout of Partridge's copyright — apparently related to his written account or notes of the flight

marked for identification at close of cross

Informal

Partridge's eight-page handwritten notes from shortly after the flight, specifically page 6 referencing multiple calls to 'Skip'

used to refresh recollection and impeach prior testimony

Notable Exchanges (3)

Marcia Clark•Mark Partridge

Clark walks Partridge through his own notes to show he said Simpson called 'Skip' 'several times,' contradicting his courtroom testimony that he only recalled the name once.

revealing

Marcia Clark•Mark Partridge

Clark pointedly reminds Partridge — a practicing attorney — that he knows the rules of evidence and what a nonresponsive answer is, after Partridge volunteered information beyond the question asked.

pointed

Marcia Clark•Mark Partridge

Clark strips away every possible foundation for Partridge's opinion that Simpson wasn't acting: never met him, never saw him angry, no psychiatric training, no baseline comparison.

strategic

Light Moments (1)

Lance A. Ito

Cochran objects to Clark asking if Partridge is a psychiatrist, quipping 'He's a lawyer. He may be a psychiatrist too.' Ito responds: 'We don't know. Not likely. Proceed.'

Credibility Attacks (3)

⚔ Mark Partridge

lack of foundation / no basis for opinion

Clark establishes Partridge had no prior acquaintance with Simpson, never observed him in other contexts, and is not a psychiatrist — leaving his opinion that Simpson 'wasn't acting' without evidentiary support.

⚔ Mark Partridge

impeachment with prior inconsistent statement (witness's own notes)

Partridge testified he recalled Simpson calling 'Skip' only once; his own handwritten notes used page 6 to establish he wrote 'several times,' forcing a correction on the stand.

⚔ Mark Partridge

bias / character of testimony

Clark highlights that Partridge, himself a lawyer who knows evidentiary rules, volunteered nonresponsive information — suggesting a willingness to go beyond his role as a neutral witness.

Witness Demeanor

(Witness apologizes after being told his answer was nonresponsive: 'I'm sorry.')

(Witness hedges repeatedly: 'I try to know them,' 'I don't think so,' 'I only knew that from the Hertz commercials')

Objections

11 objections (7 sustained, 4 overruled)

Proceeding 6842 • 120 utterances • Defense witness

Criminal Trial

Department 103