Direct examination of Stephen Valerie (afternoon)

📄 Direct examination of Stephen Valerie (afternoon) — Thursday, July 13, 1995

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C:\DEPT103\CRIMINAL\1995\JUL\13\DIRECT-EXAMINATION-OF-STEPHEN-.DOC

TRIAL

▲ Day 114 of 167

◀ Direct examination of Stephen Valerie (morning) Noon recess ▶

Witness: Stephen Valerie
Examiner: Johnnie Cochran
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 95

Johnnie Cochran conducts direct examination of Stephen Valerie, a fellow passenger who observed O.J. Simpson deplaning at Chicago O'Hare around 4:30 AM. Valerie describes Simpson's bags, demeanor, and a brief humorous exchange about Hertz commercials. Cochran closes by firmly establishing that Valerie did not see Simpson at any point before 11:40 PM the previous night — a timeline point central to the defense.

# 1 MR. VALERIE:

It was a darker color. I didn't really see. That was the one that he stowed overhead.

# 2 MR. COCHRAN:

All right. That was over the right shoulder and then what about the--did you see any other bag?

# 3 MR. VALERIE:

Yeah. Then the second bag that he had with him in the seat and he had that positioned over his shoulder carrying it with the two straps in his hand hanging over his back, and that was closest to me.

# 4 MR. COCHRAN:

All right. For the record, the witness is indicating a left--his left hand with the bag over his left shoulder.

# 5 THE COURT:

Yes. Thank you.

# 6 MR. COCHRAN:

Is that correct? Thank you, your Honor.

# 7 MR. COCHRAN:

You indicated that was closest to you?

# 8 (No audible response.)

# 9 MR. COCHRAN:

Were you standing right behind Mr. Simpson?

# 10 MR. VALERIE:

Yes, I was.

# 11 MR. COCHRAN:

From that vantage point could you see Mr. Simpson's left hand or part of his left hand?

# 12 MR. VALERIE:

Umm, I could have. I wasn't looking specifically at his hand at that point.

# 13 MR. COCHRAN:

Could you see his right hand at all?

# 14 MR. VALERIE:

No.

# 15 MR. COCHRAN:

All right. So you were very close to him at this point; is that correct?

# 16 MR. VALERIE:

Yeah.

# 17 MR. COCHRAN:

Did the two of you have any conversation or interaction at that point?

# 18 MR. VALERIE:

Yeah. I made a brief comment to him when he smiled and I think in a groggy state acknowledged me.

# 19 MR. COCHRAN:

All right. He seemed groggy at this point?

# 20 MR. VALERIE:

Yeah. I think we were all pretty groggy at 4:30 in the morning.

KEY QUOTE

# 21 MR. COCHRAN:

All right. The plane was landing at about 4:30?

# 22 MR. VALERIE:

Yeah.

# 23 MR. COCHRAN:

And at that point what did you say, if anything?

# 24 MR. VALERIE:

I said to him, "Better be careful, someone might think you are going to be doing a commercial." The way his pose was and the fact that he was first to get off, it looked like he was ready to get off that flight. He looked--I made that comment in jest.

# 25 MR. COCHRAN:

And did he say anything in response to that?

# 26 MR. VALERIE:

He smiled and indicated, "Yeah, I'm here to see Hertz" or something to that effect. I didn't have a clear memory really of what he said back to me because right at that moment the door flew open and we were walking down, so I was just walking with him and thought I may even get another word with him, so I was pretty much close to him walking out the--the gangway there and into the terminal. And then immediately he was greeted by a gentleman at the gate.

# 27 MR. COCHRAN:

All right.

# 28 MR. VALERIE:

Where we both actually stopped to readjust our bags and he shook hands with whoever greeted him and said hello and the like.

# 29 MR. COCHRAN:

All right. So that was some gentleman that met Mr. Simpson and was that your last contact with him that day?

# 30 MR. VALERIE:

That's correct.

# 31 MR. COCHRAN:

You didn't see him any further after that point?

# 32 MR. VALERIE:

We actually walked in tandem through the Chicago O'Hare terminal until he veered off to go to baggage claim. I was connecting on a flight to Washington D.C.

# 33 MR. COCHRAN:

So you were catching another flight and your baggage was going through?

# 34 MR. VALERIE:

That's correct.

# 35 MR. COCHRAN:

Was there any other conversation between the two of you as you walked in tandem until he veered off?

# 36 MR. VALERIE:

None. He was talking to the other gentlemen.

# 37 MR. COCHRAN:

Now, there were three of you basically; is that correct?

# 38 MR. VALERIE:

That's correct.

# 39 MR. COCHRAN:

Now, did you have occasion to talk with an investigator from the Los Angeles Police Department by the name of Crotsly on or about October 5th of 1994?

# 40 MR. VALERIE:

Yes, I did.

# 41 MR. COCHRAN:

All right. And have you ever seen a copy of his report before today?

# 42 MR. VALERIE:

I saw it earlier this morning.

# 43 MR. COCHRAN:

This is the first time?

# 44 MR. VALERIE:

Yes.

# 45 MR. COCHRAN:

And--I would like to approach, your Honor, just place it before him and ask the witness to read it.

# 46 MR. DARDEN:

I will object, foundation.

# 47 THE COURT:

Overruled. Just show it to him at this point and see if he recognizes it.

# 48 MR. COCHRAN:

Yes, your Honor.

# 49 MR. DARDEN:

It is leading, your Honor.

# 50 THE COURT:

Overruled.

# 51 MR. COCHRAN:

Would you take a look at that report and see whether or not that refreshes your recollection or you recognize the words thereon, the conversation with an investigator by the name of Crotsly, c-r-o-t-s-l-y?

# 52 MR. DARDEN:

Your Honor, the witness hasn't indicated he cannot recall.

# 53 THE COURT:

Overruled. The question was do you recognize this document?

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

# 55 MR. DARDEN:

He has never seen it before.

# 56 THE COURT:

Whether the content is hearsay or not is another issue.

# 57 MR. VALERIE:

Yes, I do.

# 58 MR. COCHRAN:

You recognize this conversation as a copy of your conversation with Detective Crotsly?

# 59 MR. VALERIE:

It is a summary of the statements I gave to Detective Crotsly.

# 60 MR. COCHRAN:

When you talked to the detective were you trying to be as accurate as you could?

# 61 MR. VALERIE:

Yes, I was.

# 62 MR. COCHRAN:

Was this a telephonic conversation?

# 63 MR. VALERIE:

Yes.

# 64 MR. COCHRAN:

By the way, do you remember whether or not--did the detective read you a statement prior to talking to you that day? Did he read any statement?

# 65 MR. VALERIE:

That I had made earlier?

# 66 MR. COCHRAN:

Yes.

# 67 MR. VALERIE:

Umm, he read some portion of it. He did not read an entire transcript. He was referring, I believe, to the shoes on that second occasion, so he wanted to just read how I described the shoes.

# 68 MR. COCHRAN:

All right. Did you describe the shoes for this detective in October?

# 69 MR. VALERIE:

Yes.

# 70 MR. COCHRAN:

And what was your description of the shoes?

# 71 MR. VALERIE:

Umm, my description was that they were leather European-looking loafers with black or dark blue leather and the mesh leather in the front top panel of the shoe.

KEY QUOTE

# 72 MR. COCHRAN:

They appeared to be loafers of some kind?

# 73 MR. VALERIE:

Correct.

# 74 MR. COCHRAN:

Did you have occasion to describe for the detective Mr. Simpson's appearance and his clothing?

# 75 MR. VALERIE:

Can you repeat that question, I'm sorry?

# 76 MR. COCHRAN:

Did you have occasion during this conversation with Detective Crotsly to describe Mr. Simpson's appearance, how he appeared to you on that evening?

# 77 MR. VALERIE:

Yeah, the same general thing I have said here today and I have said all along.

# 78 MR. COCHRAN:

All right. May I have just a second more, your Honor?

# 79 THE COURT:

Certainly.

# 80 (Discussion held off the record between Defense counsel and the Defendant.)

# 81 MR. COCHRAN:

Now--this will be it, your Honor. You had not seen Mr. Simpson that night at 11:15, had you?

# 82 (No audible response.)

# 83 MR. COCHRAN:

You had not seen him at 11:15 P.M. on that Sunday night, had you?

KEY QUOTE

# 84 MR. VALERIE:

No, I had not.

# 85 MR. COCHRAN:

You hadn't seen him at eleven o'clock that night?

# 86 MR. VALERIE:

No, I had not.

# 87 MR. COCHRAN:

You had not seen him at 10:45, had you?

# 88 MR. VALERIE:

I did not see him at 10:45.

# 89 MR. COCHRAN:

Didn't see him until 11:40 or thereabouts?

# 90 MR. VALERIE:

That is correct.

# 91 MR. COCHRAN:

That is what you have told us here today?

# 92 MR. VALERIE:

Yes, I have.

# 93 MR. COCHRAN:

You told us the truth here today?

# 94 MR. VALERIE:

Yes, I have.

# 95 MR. COCHRAN:

Thank you very kindly for coming.

Temperature

procedural

Key Quotes (5)

Stephen Valerie

I said to him, 'Better be careful, someone might think you are going to be doing a commercial.' The way his pose was and the fact that he was first to get off, it looked like he was ready to get off that flight.

Establishes casual, non-distressed interaction with Simpson; humanizes him and suggests no signs of agitation or injury

Stephen Valerie

He smiled and indicated, 'Yeah, I'm here to see Hertz' or something to that effect.

Simpson's relaxed, joking response undermines any suggestion of a panicked or guilty state of mind

Stephen Valerie

my description was that they were leather European-looking loafers with black or dark blue leather and the mesh leather in the front top panel of the shoe.

Shoe description given to Detective Crotsly in October 1994 — relevant to the Bruno Magli shoe evidence thread

Johnnie Cochran

You had not seen him at 11:15 P.M. on that Sunday night, had you? ... You hadn't seen him at eleven o'clock that night? ... You had not seen him at 10:45, had you?

Cochran methodically walks back the clock to lock in that Valerie's first sighting was 11:40 PM, supporting the defense timeline

Stephen Valerie

I think we were all pretty groggy at 4:30 in the morning.

Casual humanizing detail; also slightly hedges the precision of his observations

Evidence (1)

Informal

Detective Crotsly's October 5, 1994 report summarizing Valerie's telephone statement to LAPD

shown to witness to refresh recollection and establish prior consistent statements

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden•Lance A. Ito

Darden objected three times in quick succession as Cochran introduced the Crotsly report — foundation, leading, and improper refreshed recollection — all overruled. An off-record discussion between the DAs followed.

strategic

Johnnie Cochran•Stephen Valerie

Cochran closes by walking Valerie through a precise series of time-checks (11:15, 11:00, 10:45) to confirm Simpson was not seen until 11:40 PM, ending with 'You told us the truth here today?'

strategic

Light Moments (2)

Stephen Valerie

Valerie joked to Simpson that he looked like he was filming a Hertz commercial; Simpson groggily played along saying he was 'here to see Hertz.'

Stephen Valerie

'I think we were all pretty groggy at 4:30 in the morning' — Valerie deflects a question about Simpson's groggy state by normalizing it.

Witness Demeanor

(No audible response.) — twice, suggesting hesitation or quiet answers not captured

Objections

3 objections (0 sustained, 3 overruled)

Proceeding 6826 • 95 utterances • Defense witness

Criminal Trial

Department 103