Cross-examination of Juanita Moore (part 2)

📄 Cross-examination of Juanita Moore (part 2) — Tuesday, July 18, 1995

Address:

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

TRIAL

▲ Day 117 of 167

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

Witness: Juanita Moore
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 18, 1995 • Utterances: 92

Marcia Clark cross-examines Juanita Moore, a professional hairdresser with ties to the Simpson household, trying to establish whether Marguerite Simpson (OJ's first wife) and Arnelle Simpson (his daughter) dye or treat their hair. The witness repeatedly claims she cannot remember or does not know, frustrating Clark's line of questioning. The examination ends with the judge reminding the witness not to answer when objections are sustained.

# 1 THE COURT:

All right. Thank you, counsel. Proceed.

# 2 MS. CLARK:

Thank you, your Honor.

# 3 MS. CLARK:

All right. You are a professional hairdresser; are you not?

# 4 MS. MOORE:

Yes.

# 5 MS. CLARK:

Okay. And you've tinted and dyed hair in your time, have you?

# 6 MS. MOORE:

Yes.

# 7 MS. CLARK:

Many times?

# 8 MS. MOORE:

Yes.

# 9 MS. CLARK:

And in--as part of your expertise, you know what tinted or dyed hair looks like, correct?

# 10 MS. MOORE:

Well, sometimes you can tell. Sometimes you can't.

# 11 MS. CLARK:

Right. Okay. As a professional, do you think that you can tell better than say I could whether someone's hair is dyed or treated?

# 12 MR. COCHRAN:

Just a moment. I object to the form of that question. Assumes that she would know what Miss Clark knows. Object to the form.

# 13 THE COURT:

Sustained. Rephrase the question.

# 14 MS. CLARK:

I'm not a hairdresser. Do you think that you as a hairdresser have a better ability to determine whether someone treats or dyes their hair than someone who is not a hairdresser and not--does not have the experience of dying and treating hair on a regular basis?

# 15 MS. MOORE:

Yes.

# 16 MS. CLARK:

All right. Are you familiar with the name Marguerite Simpson?

# 17 MS. MOORE:

Yes.

# 18 MS. CLARK:

And you are aware that she is the former wife of the Defendant?

# 19 MS. MOORE:

Yes.

# 20 MS. CLARK:

In your opinion, ma'am, does she dye or treat her hair?

# 21 MR. COCHRAN:

I object to the form of that question.

# 22 THE COURT:

Sustained. Foundation.

# 23 MS. CLARK:

Have you seen her hair?

# 24 MR. COCHRAN:

Object to the form of that question. When?

# 25 THE COURT:

Foundation.

# 26 MS. CLARK:

You have seen Marguerite Simpson on television; have you not?

# 27 MS. MOORE:

Yes.

# 28 MS. CLARK:

In connection with this case, correct?

# 29 MS. MOORE:

Yes.

# 30 MS. CLARK:

And you have seen her in your shop perhaps?

# 31 MS. MOORE:

Yes.

# 32 MS. CLARK:

And when was the very first time you saw her in your shop?

# 33 MS. MOORE:

Umm, probably about 1979 maybe.

# 34 MS. CLARK:

And when you saw her in 1979, was her hair died or treated?

# 35 MR. COCHRAN:

Your Honor, I object. That's irrelevant and immaterial. She saw her in 1979.

# 36 THE COURT:

Overruled based on the offer.

# 37 MS. MOORE:

I don't remember.

# 38 MS. CLARK:

Since that time though, you've seen her on other occasions; have you not?

# 39 MS. MOORE:

I saw her about--I'm not sure. I'm not sure when it was, but it was maybe in the last few months or so. She came to the shop.

# 40 MS. CLARK:

And when she came to the shop in the last few months, did you notice that her hair was dyed or treated?

# 41 MR. COCHRAN:

I object. That assumes facts not in evidence.

# 42 THE COURT:

Rephrase the question.

# 43 MS. CLARK:

Can you tell us what your observation was of her hair?

# 44 MS. MOORE:

You know, to be honest, I don't remember.

KEY QUOTE

# 45 MS. CLARK:

You don't remember?

# 46 MS. MOORE:

No. I don't remember what her hair was like. I don't remember.

# 47 MS. CLARK:

As a hairdresser, doesn't the way people's hair look, isn't that something that stands out to you?

# 48 MR. COCHRAN:

I object, your Honor.

# 49 MS. MOORE:

That's true.

# 50 MR. COCHRAN:

Argumentative.

# 51 THE COURT:

Overruled.

# 52 MS. CLARK:

And that's something that you take particular notice of because that's your job, that's your profession?

# 53 MS. MOORE:

That's true.

# 54 MS. CLARK:

And you do not recall what Miss Simpson's hair looked like when you saw it a few months ago?

# 55 MR. COCHRAN:

Asked and answered.

# 56 THE COURT:

Sustained.

# 57 MS. CLARK:

You did not--you do not recall whether your observation of her hair revealed to you that it was dyed or treated when you saw her three months ago?

# 58 MR. COCHRAN:

Objection.

# 59 THE COURT:

Sustained. You've already asked the question.

# 60 MS. CLARK:

All right. Are you familiar--you know who Arnelle Simpson is, correct?

# 61 MS. MOORE:

That's correct.

# 62 MS. CLARK:

Now, you've seen her on television as well; have you not?

# 63 MS. MOORE:

Yes.

# 64 MS. CLARK:

Have you also seen her at Rockingham?

# 65 MS. MOORE:

Umm, not since May 1st.

# 66 MS. CLARK:

May 1st was the last time you saw her at Rockingham?

# 67 MS. MOORE:

That's correct.

# 68 MS. CLARK:

And on that occasion, did you happen to notice whether her hair was dyed or treated?

# 69 MR. COCHRAN:

Object. Calls for speculation, your Honor.

# 70 THE COURT:

Overruled. You can answer the question.

# 71 MS. MOORE:

I don't know if she dyed it or not.

# 72 MS. CLARK:

Could have been, but you don't know?

# 73 MR. COCHRAN:

Objection. Speculation.

# 74 MS. MOORE:

It could have been, but I don't know. I don't know.

# 75 THE COURT:

Wait. All right. She doesn't know. The answer will stand. She has indicated she did not know. Proceed.

# 76 MS. CLARK:

Have you seen Arnelle on prior occasions, that is before May 1st, 1994?

# 77 MS. MOORE:

Yes.

# 78 MS. CLARK:

And on those prior occasions, do you recall whether or not her hair was died or treated?

# 79 MR. COCHRAN:

Objection, your Honor. Speculation.

# 80 THE COURT:

Overruled.

# 81 MS. MOORE:

I don't know if she dyes it or not.

# 82 MS. CLARK:

Did you make any observations that caused you to form an opinion one way or another?

# 83 MR. COCHRAN:

Asked and answered.

# 84 MS. MOORE:

I know her hair always looked nice.

KEY QUOTE

# 85 MS. CLARK:

Yeah. Other than looking nice, does it appear to you--other than looking nice, does it appear to you to have been dyed or treated--

# 86 MR. COCHRAN:

Asked and answered.

# 87 MS. CLARK:

--or tinted?

# 88 THE COURT:

Sustained. Been asked and answered.

# 89 MS. MOORE:

I don't know.

# 90 THE COURT:

Wait, wait, wait. Ma'am, when I sustain the objection, please don't answer. All right?

KEY QUOTE

# 91 MS. CLARK:

I have nothing further.

# 92 THE COURT:

All right. Mr. Cochran.

Temperature

procedural

Key Quotes (3)

Juanita Moore

I know her hair always looked nice.

Moore's non-answer about Arnelle's hair — sidesteps Clark's question entirely while still being responsive, highlighting the witness's evasiveness throughout

Juanita Moore

You know, to be honest, I don't remember.

Despite establishing herself as a professional whose job is to notice hair, Moore repeatedly cannot recall basic observations — undermining the premise of her expertise

Lance A. Ito

Wait, wait, wait. Ma'am, when I sustain the objection, please don't answer. All right?

The judge has to intervene when the witness answers over a sustained objection, revealing Moore's tendency to speak past rulings

Evidence (2)

Informal

Observations of Marguerite Simpson's hair — seen at Moore's salon and on television during the trial

discussed, witness unable to recall details

Informal

Observations of Arnelle Simpson's hair — seen at Rockingham as recently as May 1, 1994

discussed, witness says she does not know if hair was dyed or treated

Notable Exchanges (2)

Marcia Clark•Juanita Moore

Clark establishes Moore's professional expertise in recognizing dyed/treated hair, then asks her to apply that expertise to the Simpson women — only for Moore to repeatedly say she cannot remember, despite the professional ability she just confirmed

strategic but unproductive

Johnnie Cochran•Lance A. Ito

Cochran objects repeatedly on form, foundation, speculation, and asked-and-answered grounds, successfully blunting Clark's questioning at multiple turns

defensive/protective

Light Moments (1)

Juanita Moore

When pressed about Arnelle's hair, Moore deflects with 'I know her hair always looked nice' — a non-answer dressed up as a compliment

Credibility Attacks (1)

⚔ Juanita Moore

internal inconsistency / expertise impeachment

Clark gets Moore to affirm she has professional expertise identifying dyed/treated hair, then uses that admission to highlight that Moore claims she cannot remember observations she should — as a professional — have naturally noticed

Objections

13 objections (6 sustained, 4 overruled)

Proceeding 6889 • 92 utterances • Defense witness

Criminal Trial

Department 103