Cross-examination of Josephine Guarin (part 2)

📄 Cross-examination of Josephine Guarin (part 2) — Thursday, July 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\20\CROSS-EXAMINATION-OF-JOSEPHINE.DOC

TRIAL

▲ Day 119 of 167

◀ Sidebar: photograph changes Redirect examination of Josephine Guarin ▶

Witness: Josephine Guarin
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, July 20, 1995 • Lines: 81

Darden cross-examines OJ Simpson's housekeeper Guarin on the brief phone call she had with Simpson on the night of June 12, challenging her ability to assess his demeanor in under a minute. He also probes Simpson's household habits — that he left his bed unmade, always hung up his towels — and pointedly elicits that Simpson made no mention of arthritis pain during the call. The examination ends with a sustained objection when Darden tries to lead Guarin toward the pathway behind the house near Kato Kaelin's room.

# 1 THE COURT:

All right. Thank you, counsel. Proceed.

# 2 MR. DARDEN:

When you spoke to the Defendant on that night on the telephone, how long did your conversation last?

# 3 MS. GUARIN:

Like maybe a minute.

# 4 MR. DARDEN:

About one minute?

# 5 MS. GUARIN:

Maybe, something like.

# 6 MR. DARDEN:

So it was a very brief conversation, correct?

# 7 MS. GUARIN:

Yes.

# 8 MR. DARDEN:

And you did most of the talking during that conversation?

# 9 MS. GUARIN:

Yes.

# 10 MR. DARDEN:

Okay. That's because you were the one making the request; is that correct?

# 11 MS. GUARIN:

Yes.

# 12 MR. DARDEN:

So you didn't have a lot of time to assess his demeanor over the telephone, correct?

# 13 MR. COCHRAN:

Object to the form of that question. Calls for conclusion.

# 14 THE COURT:

Overruled.

# 15 MR. DARDEN:

Is that correct?

# 16 MS. GUARIN:

Can you repeat the question, please?

# 17 MR. DARDEN:

You didn't have a lot of time to assess his demeanor while you were talking to him over the telephone, correct?

# 18 MS. GUARIN:

I can--I know that he's the same--the same way that I usually talk to. So even if it's a short time or long time, he's the same person that I usually talk to.

KEY QUOTE

# 19 MR. DARDEN:

Okay. So he sounded like the same person that you usually talk to?

# 20 MS. GUARIN:

Yes.

# 21 MR. DARDEN:

But obviously you couldn't see his facial expression at the time, right?

# 22 MR. COCHRAN:

I'll object to that, your Honor.

# 23 THE COURT:

Overruled.

# 24 MR. DARDEN:

Right?

# 25 MS. GUARIN:

You cannot see his face expression, but you can see how--you can hear how he talk.

# 26 MR. DARDEN:

And obviously you didn't know what he was thinking at the time, correct?

# 27 MR. COCHRAN:

Objection, your Honor. That's speculation.

# 28 THE COURT:

Sustained. Sustained.

# 29 MR. DARDEN:

Okay. When you returned to Rockingham the next morning around 10:00 o'clock, you weren't allowed to go onto the property; is that correct?

# 30 MS. GUARIN:

Yes.

# 31 MR. DARDEN:

Okay. But you were allowed to stand out front; is that right?

# 32 MS. GUARIN:

In front of the property, no. The police officer told me right away that I cannot get in. I said why. Because I see the--

# 33 MR. DARDEN:

Okay.

# 34 MR. DARDEN:

Is that okay?

# 35 THE COURT:

Proceed.

# 36 MR. DARDEN:

Okay. So you didn't see the police when they recovered items from the back of the house.

# 37 MR. COCHRAN:

Your Honor, beyond the scope. Far beyond the scope.

# 38 THE COURT:

Overruled.

# 39 MS. GUARIN:

Excuse me?

# 40 MR. DARDEN:

Did you see the police recover an item of evidence behind the house?

# 41 MS. GUARIN:

Recover item of evidence inside--

# 42 MR. COCHRAN:

Objection.

# 43 THE COURT:

Overruled.

# 44 MS. GUARIN:

Excuse me. Can you repeat the question?

# 45 MR. DARDEN:

Did you see the police recover an item of evidence from behind the house?

# 46 MS. GUARIN:

I see--I saw some action in and out of the house. There's some people coming in and out and I saw a big van outside the property.

# 47 MR. DARDEN:

Okay. Just one last question or two. With regard to the Defendant's bed, would he leave his bed unmade when he got out of it?

# 48 MS. GUARIN:

He will.

# 49 MR. DARDEN:

Is that right?

# 50 MS. GUARIN:

Unmade, yes.

# 51 MR. DARDEN:

Okay. He would leave it unmade so that you could make it; is that right?

# 52 MS. GUARIN:

Yes.

# 53 MR. DARDEN:

And is that what you normally did?

# 54 MS. GUARIN:

Yes.

# 55 MR. DARDEN:

Okay. And would he--strike that. And after taking a shower, would he always hang up the towel on the rack?

# 56 MS. GUARIN:

Yes.

# 57 MR. DARDEN:

He wouldn't leave a towel laying around on the edge of the bathtub, would he?

# 58 MS. GUARIN:

No.

# 59 MR. DARDEN:

He wouldn't leave a towel on the floor, would he?

# 60 MS. GUARIN:

No.

# 61 MR. DARDEN:

That wouldn't be normal for him, would it?

# 62 MS. GUARIN:

He will hang it on the door of the shower room.

KEY QUOTE

# 63 MR. DARDEN:

Now, when you talked to the Defendant on the phone that night, he didn't complain to you about his arthritis, did he?

# 64 MS. GUARIN:

On June 12?

# 65 MR. DARDEN:

Yes.

# 66 MS. GUARIN:

No.

# 67 MR. DARDEN:

He didn't tell you that he was in pain, did he?

KEY QUOTE

# 68 MS. GUARIN:

No, he did not.

# 69 MR. DARDEN:

By the way, did you ever go behind the house, that is behind the--behind Arnelle's room and Kato's room?

# 70 MS. GUARIN:

I go--sometimes.

# 71 MR. DARDEN:

You go back there sometimes?

# 72 MS. GUARIN:

Yes.

# 73 MR. DARDEN:

Is there an air conditioning unit back there?

# 74 MS. GUARIN:

Yes.

# 75 MR. DARDEN:

Now, if you follow the pathway behind the house, does it lead to an area where there is dirt and grass and stuff?

# 76 MR. COCHRAN:

Your Honor, this is way beyond the scope of direct.

# 77 THE COURT:

Sustained.

# 78 MR. DARDEN:

That's all. Thank you.

# 79 THE COURT:

Mr. Cochran, anything more?

# 80 MR. COCHRAN:

Yes. Yes, your Honor. Very, very brief. May I?

# 81 THE COURT:

Proceed.

Temperature

procedural

Key Quotes (3)

Josephine Guarin

I can--I know that he's the same--the same way that I usually talk to. So even if it's a short time or long time, he's the same person that I usually talk to.

Guarin deflects Darden's attempt to undermine her assessment of Simpson's demeanor, insisting she knew him well enough to judge even in a brief call.

Christopher Darden

He didn't tell you that he was in pain, did he?

Guarin confirms that during the June 12 phone call, Simpson did not tell her he was in pain.

Josephine Guarin

He will hang it on the door of the shower room.

Establishes Guarin's testimony that Simpson ordinarily hung up his towels rather than leaving them by the bathtub or on the floor.

Evidence (1)

Informal

Darden's questions about whether police recovered an item of evidence from behind the house at Rockingham

discussed — Guarin said she saw activity, people coming in and out of the house, and a large van outside the property

Notable Exchanges (2)

Christopher Darden•Josephine Guarin

Darden establishes Guarin's testimony that Simpson customarily hung up his towels rather than leaving them on the bathtub edge or floor.

strategic

Christopher Darden•Johnnie Cochran

Darden questions Guarin about going behind the house near Arnelle's and Kato's rooms, an air-conditioning unit, and where the pathway leads; Cochran objects that the questioning is beyond the scope of direct, and Ito sustains.

contested

Credibility Attacks (1)

⚔ Josephine Guarin

scope limitation on observation

Darden narrows Guarin's opportunity to assess Simpson by establishing that the call lasted about a minute, that she did most of the talking, and that she could not see his facial expression, attempting to reduce the weight of her testimony that he sounded normal.

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 6960 • 81 lines • Defense witness

Criminal Trial

Department 103