Direct examination of Josephine Guarin (part 3)

📄 Direct examination of Josephine Guarin (part 3) — Thursday, July 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\20\DIRECT-EXAMINATION-OF-JOSEPHIN.DOC

TRIAL

▲ Day 119 of 167

Witness: Josephine Guarin
Examiner: Johnnie Cochran
Called by: Defense • Date: Thursday, July 20, 1995 • Utterances: 49

Cochran continued his direct examination of Josephine Guarin, OJ Simpson's housekeeper, focusing on her phone call with Simpson around 8:00 PM on June 12, 1994. She confirmed she called him from Knott's Berry Farm to get permission to stay with her family, and testified that Simpson sounded completely normal — 'the same OJ' — with no unusual mood or behavior during that call.

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

# 2 THE COURT:

All right. Thank you, counsel.

# 3 MR. COCHRAN:

Thank you very kindly, your Honor.

# 4 MR. COCHRAN:

Now--

# 5 THE COURT:

I'm sorry. Have we got everybody? Yes. Proceed.

# 6 MR. COCHRAN:

Thank you, your Honor.

# 7 MR. COCHRAN:

Now, I think I was asking you about this conversation with Mr. Simpson on June 12th of 1994, and you described for us, as I recall, that you called him about 8:00 o'clock in the evening; is that correct?

# 8 MS. GUARIN:

Yes, I do.

# 9 MR. COCHRAN:

Did you request of Mr. Simpson at that time permission to remain at Knotts Berry Farm?

# 10 MR. DARDEN:

Objection. This is hearsay.

# 11 THE COURT:

Overruled.

# 12 MR. DARDEN:

The form of the question, your Honor?

# 13 THE COURT:

I'm sorry?

# 14 MR. DARDEN:

Hearsay, the form of the question.

# 15 MR. COCHRAN:

Let me--I'll rephrase it, your Honor.

# 16 THE COURT:

Yeah. Rephrase it.

# 17 MR. COCHRAN:

Did you obtain permission from Mr. Simpson to stay with your family at Knotts Berry Farm and have a good time on the evening of June 12th, 1994 after 8:00 o'clock?

# 18 MR. DARDEN:

Hearsay, your Honor.

# 19 THE COURT:

Overruled.

# 20 MS. GUARIN:

Yes, I do.

# 21 MR. COCHRAN:

And was that your request?

# 22 MS. GUARIN:

Yes. My request.

# 23 MR. COCHRAN:

He didn't call you, you called him, right?

# 24 MS. GUARIN:

I called him from Knotts Berry Farm.

# 25 MR. COCHRAN:

Now--and you did not talk with Mr. Simpson--after you got permission to stay at Knotts Berry Farm, you didn't talk with Mr. Simpson anymore that particular evening, did you?

# 26 MS. GUARIN:

No, I did not.

# 27 MR. COCHRAN:

And when did you next come to work, come back to work at Rockingham?

# 28 MS. GUARIN:

I came back Monday morning.

# 29 MR. COCHRAN:

All right. So you were not home or not at Rockingham at 9:00 o'clock, 10:00 o'clock, 11:00 o'clock, midnight on June 12th; is that right?

# 30 MS. GUARIN:

No, I'm not.

# 31 MR. COCHRAN:

And part of that time, you're still out at Knotts Berry Farm having a nice time with your family, right?

# 32 MS. GUARIN:

Yes, I--

# 33 MR. COCHRAN:

All right. Now, when you spoke with Mr. Simpson at about 8:00 o'clock on June 12th, 1994, can you describe for the ladies and gentlemen of the jury and the Court how Mr. Simpson's voice seemed, how he appeared at that time?

# 34 MS. GUARIN:

Is the same thing--is the same OJ that I used to talk to. He's the same person every time I talk to him, the same mood, same everything.

KEY QUOTE

# 35 MR. COCHRAN:

All right. Did he sound like he was acting to you?

# 36 MR. DARDEN:

Objection, your Honor.

# 37 MS. GUARIN:

No.

# 38 THE COURT:

Overruled.

# 39 MS. GUARIN:

No.

# 40 MR. COCHRAN:

All right. Did the answer get in, your Honor?

# 41 THE COURT:

Yes, it did.

# 42 MR. COCHRAN:

All right. You say he sounded like the same OJ?

# 43 MS. GUARIN:

Yes. The same OJ

# 44 MR. COCHRAN:

And that's who you're referring to, is OJ?

# 45 MS. GUARIN:

Yes. Yes.

# 46 MR. COCHRAN:

All right. And when you said "The same OJ," what do you mean by that?

# 47 MS. GUARIN:

He's the same--you know, same joyful, you know, you can--easy to talk to, can say anything that you want to say to her--to him, you know. The same person, the same person that I always talk to. There's no difference at all.

KEY QUOTE

# 48 MR. COCHRAN:

Thank you very much for coming today.

# 49 THE COURT:

Mr. Darden.

Temperature

procedural

Key Quotes (3)

Josephine Guarin

Is the same thing--is the same OJ that I used to talk to. He's the same person every time I talk to him, the same mood, same everything.

Core defense point: Simpson showed no signs of agitation or distress around 8 PM on the night of the murders.

Josephine Guarin

He's the same--you know, same joyful, you know, you can--easy to talk to, can say anything that you want to say to her--to him, you know. The same person, the same person that I always talk to. There's no difference at all.

Elaboration of Simpson's demeanor — 'joyful' and 'easy to talk to' directly contradicts a prosecution narrative of a man in a murderous rage.

Josephine Guarin

No, I'm not.

Confirms she was absent from Rockingham from before 9 PM through midnight, meaning she cannot speak to events at the estate that night.

Notable Exchanges (1)

Christopher Darden•Lance A. Ito

Darden objected twice on hearsay grounds to Cochran's questions about what Simpson said during the 8 PM call. Both objections were overruled, allowing the substance of the conversation in.

strategic

Objections

4 objections (0 sustained, 3 overruled)

Proceeding 6992 • 49 utterances • Defense witness

Criminal Trial

Department 103