Cross-examination of Juanita Moore (part 1)

📄 Cross-examination of Juanita Moore (part 1) — Tuesday, July 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\18\CROSS-EXAMINATION-OF-JUANITA-M.DOC

TRIAL

▲ Day 117 of 167

◀ Direct examination of Juanita Moore Sidebar: hair evidence relevance ▶

Witness: Juanita Moore
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 18, 1995 • Utterances: 131

Marcia Clark cross-examines Juanita Moore, OJ Simpson's personal hairdresser, on the conditions that cause dandruff and whether its presence or absence on shed hair carries evidentiary significance. Clark methodically establishes that dandruff varies with water, shampoo, and combing habits — undermining any defense implication that hair found at the crime scene could be identified as Simpson's based on dandruff characteristics. Clark also pins down Moore's limited contact with Simpson and Paula Barbieri in the weeks before the murders.

# 1 THE COURT:

Miss Clark.

# 2 MS. CLARK:

Thank you, your Honor. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

CROSS-EXAMINATION BY MS. CLARK

# 3 MS. CLARK:

Good afternoon, Miss Moore.

# 4 MS. MOORE:

Good afternoon.

# 5 MS. CLARK:

Dandruff, that's a condition of the scalp, isn't that?

# 6 MS. MOORE:

Right.

# 7 MS. CLARK:

Okay. And just from a layperson's understanding, because that's all I have, it's when your scalp gets dry, correct?

# 8 MS. MOORE:

Right.

# 9 MS. CLARK:

Okay. And when you have that condition where your scalp gets dry, if you comb your hair, you're going to pull those flakes off the scalp; is that right?

# 10 MS. MOORE:

This is very true.

# 11 MS. CLARK:

Okay. And so when you would comb his hair when he had dandruff, those flakes would come out, correct?

# 12 MS. MOORE:

Yes. Sometimes, yes.

# 13 MS. CLARK:

Sometimes yes and sometimes no?

# 14 MS. MOORE:

Yes. Well, if I--the more vigorous I comb it, the more it would come out. Sometimes I would just brush it and cut it. I didn't use a comb.

# 15 MS. CLARK:

Right. So if you didn't use a comb, even if he had dandruff, you wouldn't disturb any flakes on the hair. Is that a fair statement?

# 16 MS. MOORE:

That's true.

# 17 MS. CLARK:

And so if his hairs came out by themselves, if they were naturally shed, you know what I mean, without being pulled out by combing, then they might not show any flakes of dandruff: Is that right?

# 18 MR. COCHRAN:

Objection. Calls for speculation.

# 19 THE COURT:

Overruled.

# 20 MS. MOORE:

Would you repeat the question, please?

# 21 MS. CLARK:

Sure. If you did not comb the hair, if his hair was just--you know, we shed hairs every day, don't we?

# 22 MS. MOORE:

Yes.

# 23 MS. CLARK:

Okay. Unfortunately.

KEY QUOTE

# 24 MS. MOORE:

Yes.

# 25 MS. CLARK:

All right. In that process, if you just shed your hair naturally and you're not combing, then the dandruff is not going to come off on the hair; isn't that right?

# 26 MR. COCHRAN:

I object to the form of that question, your Honor. No foundation.

# 27 THE COURT:

Overruled.

# 28 MS. MOORE:

Dandruff's not going to come off on the--on where? I don't understand the question.

# 29 MS. CLARK:

When you--you just indicated when you comb the hair vigorously, dandruff will come off.

# 30 MS. MOORE:

Right.

# 31 MS. CLARK:

Okay. And if you don't, if you just brush his hair, the dandruff doesn't come off?

# 32 MS. MOORE:

Right.

# 33 MS. CLARK:

Okay. Which means if you don't brush or comb the hair and it just falls off by itself, the dandruff doesn't come off.

# 34 MR. COCHRAN:

I object.

# 35 THE COURT:

Overruled.

# 36 MS. MOORE:

If you don't do anything to the hair, I guess it will just stay there. I'm not sure really. I guess it will just stay on the scalp.

KEY QUOTE

# 37 MS. CLARK:

Okay. And it won't being showing up in the hair, right?

# 38 MR. COCHRAN:

Objection, your Honor. Calls for speculation.

# 39 THE COURT:

Sustained.

# 40 MS. MOORE:

I can't say that. I don't know.

# 41 THE COURT:

Ma'am, ma'am. When I sustain the objection, that means don't answer the question.

KEY QUOTE

# 42 MS. MOORE:

Okay.

# 43 THE COURT:

Next question.

# 44 MS. CLARK:

So sometimes he had dandruff and sometimes he did not?

# 45 MS. MOORE:

That's correct.

# 46 MS. CLARK:

Okay. And sometimes in the summer when you saw him to take care of his hair, he would have dandruff and sometimes he would not?

# 47 MS. MOORE:

That's correct.

# 48 MS. CLARK:

Okay. And dandruff, can that be caused by a change in hygiene like what you eat and how you take care of yourself?

# 49 MS. MOORE:

Umm, I'm not sure.

# 50 MR. COCHRAN:

I object to the form of that question. She indicated she's not a dermatologist. No foundation.

# 51 THE COURT:

Overruled. She's indicated she's not sure.

# 52 MS. CLARK:

Okay.

# 53 THE COURT:

Next question.

# 54 MS. CLARK:

For example, if you have a change in shampoo, can that cause dandruff?

# 55 MR. COCHRAN:

Calls for speculation, your Honor.

# 56 THE COURT:

Overruled.

# 57 MS. MOORE:

I'm not sure.

# 58 MS. CLARK:

You're not sure?

# 59 MS. MOORE:

I'm not sure if a change in shampoo--it--that's--yeah, it could have. It could cause it and could help it.

# 60 MS. CLARK:

Aggravate it?

# 61 MS. MOORE:

It could cause it, make it better or make it worse.

# 62 MS. CLARK:

Okay. So what about a change in the type of water you use? Could that cause dandruff or affect it or aggravate it?

# 63 MS. MOORE:

Yes.

# 64 MR. COCHRAN:

I object to the form of the question.

# 65 THE COURT:

Overruled. Answer will stand.

# 66 MS. CLARK:

Now, dandruff can occur in a one- to two-day period. Is that fair to say?

# 67 MR. COCHRAN:

I object. Without foundation, your Honor.

# 68 THE COURT:

Sustained.

# 69 MS. CLARK:

How long does it, if you know, because you've been treating--how many people have you had as customers over the 30 years?

# 70 MS. MOORE:

How many people I've had as customers?

# 71 MS. CLARK:

Regular customers. Let's narrow it down some.

# 72 MS. MOORE:

I really don't know the answer to that one.

# 73 MS. CLARK:

Would it be fair to say thousands?

# 74 MS. MOORE:

No.

# 75 MS. CLARK:

Hundreds?

# 76 MS. MOORE:

Yes.

# 77 MS. CLARK:

Yes. Okay. Of those hundreds over the past 30 years, have some of them had dandruff?

# 78 MS. MOORE:

Yes.

# 79 MS. CLARK:

What percentage would you say had dandruff?

# 80 MS. MOORE:

I'm not sure. Maybe five percent.

# 81 MS. CLARK:

Okay. And of that five percent that had dandruff, did you notice that some would have dandruff at times and not at others?

# 82 MS. MOORE:

Yes.

# 83 MS. CLARK:

Okay. And in--on those occasions when those people had dandruff sometimes and didn't have it other times, can dandruff build--can the condition of having dandruff occur in the period of say a week to two weeks?

# 84 MS. MOORE:

I suppose so.

# 85 MS. CLARK:

Depending on the change of water, shampoo and whatnot?

# 86 MS. MOORE:

That's correct.

# 87 MS. CLARK:

Okay. Now, you indicated that--well, how long have you been going to Rockingham to do the Defendant's hair?

# 88 MS. MOORE:

Just about ever since I been cutting his hair. Off and on, I would go to the house and do it too.

# 89 MS. CLARK:

So on some of those occasions, you would see Nicole Brown there I take it?

# 90 MS. MOORE:

Yes.

# 91 MS. CLARK:

Okay. And you knew her?

# 92 MS. MOORE:

Yes.

# 93 MS. CLARK:

Okay. And when prior to May 23rd did you see her at Rockingham?

# 94 MS. MOORE:

Umm, I believe May 1st.

# 95 MS. CLARK:

May 1st?

# 96 MS. MOORE:

Uh-huh.

# 97 MS. CLARK:

Is that yes? I'm sorry. For the reporter, was that--we can't say uh-huh. We have to say yes or no.

# 98 MS. MOORE:

Oh, yes.

# 99 MS. CLARK:

Was that yes? Okay. And when prior to--you saw Paula Barbieri there on May 23rd?

# 100 MS. MOORE:

Yes.

# 101 MS. CLARK:

Okay. And when prior to May 23rd did you see Paula Barbieri there?

# 102 MS. MOORE:

Umm, I didn't see Paula there. She came to my shop.

# 103 MS. CLARK:

She came to her shop, did she?

# 104 MS. MOORE:

Yes.

# 105 MS. CLARK:

Okay. And did she come to your shop earlier in May?

# 106 MS. MOORE:

No.

# 107 MS. CLARK:

Did she come to your shop in April?

# 108 MS. MOORE:

No.

# 109 MS. CLARK:

When did she come to your shop?

# 110 MS. MOORE:

Summer of `92.

# 111 MS. CLARK:

Was that the only time?

# 112 MS. MOORE:

Yes.

# 113 MS. CLARK:

Okay. So you were--she was not a regular customer of yours?

# 114 MS. MOORE:

No.

# 115 MS. CLARK:

Okay. And you did not socialize with her?

# 116 MS. MOORE:

No.

# 117 MS. CLARK:

Did you visit Rockingham again between May 23rd and June 12th?

# 118 MS. MOORE:

No.

# 119 MS. CLARK:

And so did you see the Defendant between May 23rd and June 12th?

# 120 MS. MOORE:

No.

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

# 122 MS. CLARK:

Did you ever--to the best of your knowledge, ma'am, did Arnelle Simpson treat her hair?

# 123 MR. COCHRAN:

I object. Just a moment. Objection. Calls for speculation. No foundation.

# 124 THE COURT:

Sustained.

# 125 MS. CLARK:

Were you acquainted with the Defendant when he was married to Marguerite?

# 126 MS. MOORE:

No.

# 127 MS. CLARK:

Okay. Did you ever meet Marguerite.

# 128 MR. COCHRAN:

Your Honor, this is beyond the scope.

# 129 THE COURT:

Sustained.

# 130 MS. CLARK:

May we approach? I have an offer, your Honor.

# 131 THE COURT:

With the court reporter.

Temperature

procedural

Key Quotes (4)

Marcia Clark

Unfortunately.

Clark's dry aside after Moore confirms humans shed hair daily — a rare light touch in an otherwise technical examination.

Juanita Moore

If you don't do anything to the hair, I guess it will just stay there. I'm not sure really. I guess it will just stay on the scalp.

Moore's uncertainty about basic dandruff behavior undercuts the credibility of her direct testimony about the condition of Simpson's hair.

Lance A. Ito

Ma'am, ma'am. When I sustain the objection, that means don't answer the question.

Judge had to instruct the witness not to answer after a sustained objection — highlighting Moore's unfamiliarity with courtroom procedure.

Juanita Moore

Summer of `92.

Moore reveals she last saw Paula Barbieri as a customer in 1992, not recently — Clark uses this to show Moore had almost no relationship with Barbieri and no basis for testimony about her.

Evidence (1)

Informal

Hair evidence with dandruff characteristics — the underlying reason Clark is examining Moore on dandruff conditions

discussed indirectly

Notable Exchanges (3)

Lance A. Ito•Juanita Moore

Judge had to instruct Moore mid-answer that a sustained objection means she should not answer — Moore had already begun responding before the ruling registered.

procedural, slightly awkward

Marcia Clark•Juanita Moore

Clark establishes Moore did not visit Rockingham or see Simpson at all between May 23rd and June 12th — the entire window leading up to the murders.

strategic

Marcia Clark•Juanita Moore

Clark gets Moore to admit Paula Barbieri was not a regular customer and had only come to the shop once, in summer 1992 — limiting Moore's ability to speak to the Barbieri-Simpson relationship.

strategic

Light Moments (1)

Marcia Clark

Clark said 'Unfortunately' in commiseration after Moore confirmed that humans naturally shed hair every day.

Credibility Attacks (1)

⚔ Juanita Moore

scope limitation / knowledge undermining

Clark establishes that Moore is not a dermatologist, is uncertain about basic dandruff behavior, and had no contact with Simpson in the three weeks before the murders — narrowing the evidentiary value of her direct testimony about Simpson's hair condition.

Witness Demeanor

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

Objections

10 objections (4 sustained, 6 overruled)

Proceeding 6887 • 131 utterances • Defense witness

Criminal Trial

Department 103