Cross-examination of Richard Walsh (part 3)

📄 Cross-examination of Richard Walsh (part 3) — Wednesday, July 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\19\CROSS-EXAMINATION-OF-RICHARD-W.DOC

TRIAL

▲ Day 118 of 167

◀ Sidebar: video exhibit testimony Redirect examination of Richard Walsh ▶

Witness: Richard Walsh
Examiner: Christopher Darden
Called by: Defense • Date: Wednesday, July 19, 1995 • Utterances: 62

Darden cross-examines Richard Walsh, a fitness video producer who worked with OJ Simpson on May 25, 1994 — days before the murders. The examination focuses on an unscripted comment Simpson made during filming about 'getting your space in' when working out with your wife, which Darden frames as a veiled reference to hitting her. Walsh confirms the comment was made twice and was not part of the script, but denies Simpson ever explicitly mentioned hitting his wife.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

Thank you, counsel. Proceed.

# 3 MR. DARDEN:

Mr. Walsh, at one point during the video, the Defendant made a comment, something to the effect of, "If you hit your wife, you can just blame it on the video."

# 4 MR. COCHRAN:

I object to the form of that question, your Honor. Hearsay.

# 5 THE COURT:

Rephrase the question. I don't think that's entirely accurate.

# 6 MR. DARDEN:

At one point in the video, did the Defendant state, quote, "I'm telling you, you just got to get your space in if you're working out with the wife, if you know what I mean. Then you can always blame it on working out"? Do you recall the Defendant saying that?

# 7 MR. WALSH:

Yes, I do.

# 8 MR. DARDEN:

And did the Defendant ever mention anything or something about hitting your wife during the--

# 9 MR. COCHRAN:

Object to the form of that question, your Honor.

# 10 MR. DARDEN:

--video?

# 11 MR. COCHRAN:

Object to the form of the question.

# 12 THE COURT:

Overruled.

# 13 MR. WALSH:

No, he never did.

# 14 MR. DARDEN:

When he mentioned something about getting your space in when you're working out with your wife, was that scripted, was that part of the script for this video?

# 15 MR. WALSH:

No.

# 16 MR. DARDEN:

You weren't expecting the Defendant to say that, were you?

# 17 MR. WALSH:

Not at all.

# 18 MR. DARDEN:

Did you respond to him after he said that?

# 19 MR. WALSH:

I don't--I know what I responded in my mind.

KEY QUOTE

# 20 MR. DARDEN:

And in your mind, how did you respond?

# 21 MR. COCHRAN:

Objection, your Honor.

# 22 THE COURT:

Sustained.

# 23 MR. DARDEN:

Did he make that comment only once that day?

# 24 MR. WALSH:

No.

# 25 MR. DARDEN:

He made it another time?

# 26 MR. WALSH:

Made it twice.

# 27 MR. DARDEN:

Okay. What was the second comment that he made along those lines?

# 28 MR. COCHRAN:

Hearsay, your Honor.

# 29 THE COURT:

Overruled.

# 30 MR. WALSH:

I think it was something along the same--same line of that.

# 31 MR. DARDEN:

And the date that this occurred was what? May 20--

# 32 MR. WALSH:

May 25th.

# 33 MR. DARDEN:

Had you met the Defendant's wife, ex-wife at that time?

# 34 MR. WALSH:

No, I had never met.

# 35 MR. DARDEN:

You had never met Nicole Brown?

# 36 MR. WALSH:

No.

# 37 MR. DARDEN:

You and the Defendant wrestled at some point?

# 38 MR. WALSH:

Not wrestle, no.

# 39 MR. DARDEN:

All right. Was there some type of physical contact that you had with the Defendant other than what you've already described?

# 40 MR. WALSH:

Not that I recall.

# 41 MR. DARDEN:

Okay.

# 42 MR. DARDEN:

If I can have one moment.

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

# 44 MR. WALSH:

Mr. Darden, if there's a chance, I would like to bring up something.

# 45 THE COURT:

No. Hold on.

# 46 MR. DARDEN:

May I approach and confer with the witness for a moment, your Honor?

# 47 THE COURT:

Not at this point.

# 48 MR. DARDEN:

Okay.

# 49 MR. DARDEN:

Are you familiar with the term called "Adrenaline factor"?

# 50 MR. WALSH:

I sure am.

# 51 MR. DARDEN:

That's a term you've used before?

# 52 MR. WALSH:

I don't know if I used it. I mean, I'm familiar with it. I wouldn't say that I could explain to you what it's all about, but I am familiar with it.

# 53 MR. DARDEN:

Well, you were interviewed by Art Harris of CNN on January 31, 1995, right?

# 54 MR. WALSH:

I don't re--I don't know. I mean--it may have been. I remember doing a CNN interview.

# 55 MR. DARDEN:

Okay. Did you mention something about the adrenaline factor in that interview?

# 56 MR. WALSH:

I don't recall. I may have, but I don't recall.

# 57 MR. DARDEN:

Okay. Do you have an understanding of that term?

# 58 MR. WALSH:

I understand what it means. Of course.

# 59 MR. DARDEN:

Okay. What does it mean?

# 60 MR. COCHRAN:

Objection. Irrelevant and immaterial at this point given foundation, your Honor.

# 61 THE COURT:

Foundation. Sustained.

# 62 MR. DARDEN:

That's all.

Temperature

tense

Key Quotes (4)

Christopher Darden

did the Defendant state, quote, 'I'm telling you, you just got to get your space in if you're working out with the wife, if you know what I mean. Then you can always blame it on working out'?

The prosecution's central exhibit from this witness — an unscripted, on-camera comment by Simpson that Darden implies is a coded reference to domestic violence, made just days before Nicole's murder.

Richard Walsh

Not at all.

Walsh confirms the comment was entirely unscripted and unexpected, lending it more weight as a spontaneous revelation of Simpson's state of mind.

Richard Walsh

I know what I responded in my mind.

Walsh's careful phrasing suggests discomfort with the comment — he had a reaction but stops short of stating it, and the court sustained the objection before he could.

Richard Walsh

Made it twice.

Darden establishes that the remark was not a single slip — Simpson repeated the theme, suggesting intent or preoccupation.

Evidence (1)

Informal

Fitness video filmed with OJ Simpson on May 25, 1994, containing his unscripted comment about working out with one's wife

discussed, quoted from

Notable Exchanges (2)

Richard Walsh•Lance A. Ito•Christopher Darden

Walsh interrupts an off-record discussion to volunteer information ('I would like to bring up something'), but Ito shuts it down and Darden is denied permission to confer with his own witness at the stand.

procedurally awkward — unusual moment where the witness tries to add something unprompted

Christopher Darden•Johnnie Cochran

Cochran repeatedly objects to Darden's questions about the 'adrenaline factor' term Walsh may have used in a CNN interview, successfully getting the line of questioning cut off on foundation grounds.

strategic

Objections

6 objections (2 sustained, 2 overruled)

Proceeding 6917 • 62 utterances • Defense witness

Criminal Trial

Department 103