Judge, I just want to ask--I promised to approach the bench. I want to ask her--as an offer of proof, she will indicate she was at Knotts Berry Farm with her family having a good time. She called Mr. Simpson and asked could she continue to stay out. There was a show she wanted to see. She knew he was going to leave town before she would come home. Mr. Simpson told her, "No, it's not necessary. You can enjoy the show, enjoy your family." That's it. State of mind exception. I want to elicit that, but wanted to ask her--
No. What you can ask is: "What was your purpose in calling?" "To get permission to stay later at Knotts Berry Farm. "Thank you. "Was that your purpose? "Yes. "And did you stay later? "Yes, I did."
Of course, it's not going to come out that way. It's not a very artfully phrased question, Judge. That question like--that leaves the door open for all kinds of stuff.
I don't know why we asked all these questions about how neat he is because you're just going to argue, well, this was an unusual day. So you're right.
But we all know that Gigi wasn't there that night. Okay. So this is--if she's at Knotts Berry Farm having a good time, well, good for her.
While we are here, may I ask about another area? I found out--by the way, another subject. Barry Scheck is going to call Mulldorfer next. I understand we are also going to have Luper. There will be like one question. But we can't get Haro. We can't get Haro. We told you that before. Here's my offer of proof. After June 12th, that on June 28th--here's what I would seek to elicit. She was home on June 28th. She was working at the house. The police came to the gate, wanted to come in. Of course, she knew they had a search warrant. They do not frequently get a search warrant at all. Further, they asked her to leave the house. Then they told her, okay--she said, "I can't leave." Then they allowed her to remain in the kitchen area and then they asked her to play this video, frogman video for them. 10, 12 officers and detectives were sitting around in the family room, bar area watching the TV screen. The reason she had to do this was because they didn't know how to turn it on. And the Court will recall she's testified about that before. She had seen a preview of this video before. She went to the kitchen where she was instructed to go. I just want to bring that out. I think it's important again to show the action of these officers. I think it's probative on a number of levels and I think also, the officers will deny some of those--they will deny doing this. So I'm asking leave of the Court to elicit just those questions. That's the area I am going to go into.
Well, you know, I strenuously object to that. You know, one of the things we've tried to do in this case, we've cut our case back. We're trying to end it.
I think it's very relevant. I think these officers indicated--it goes to the state of mind of these officers like Haro. It goes to show exactly what happened here, your Honor. They indicated that they didn't do this. We think the evidence shows they did. We have a legitimate issue here. This will take me three or four questions, artfully phrased questions. I think it's probative. They talk about cutting their case back. Your Honor, we've been up only a week and a half. They were six months. And I expect--I'm telling you, I'm going to finish in another week and a half.
Can I just add one last thing? This is collateral impeachment. That's all it is. And it's June 28th, and they collected, you know, biological evidence and everything two weeks before, Judge. But we've got to--
All right. I think that it's a very tangential issue. I think that it's really not relevant to the direct issues here. I agree it is collateral impeachment. Under 352, I'll sustain the objection to that area of inquiry on June 28th. All right. Let's go.
KEY QUOTENo. What you can ask is: 'What was your purpose in calling?' 'To get permission to stay later at Knotts Berry Farm.' 'Thank you.' 'Was that your purpose?' 'Yes.' 'And did you stay later?' 'Yes, I did.'
10, 12 officers and detectives were sitting around in the family room, bar area watching the TV screen. The reason she had to do this was because they didn't know how to turn it on.
I just don't want to hear Mr. Simpson's comments. That's my only concern.
I think that it's a very tangential issue. I think that it's really not relevant to the direct issues here. I agree it is collateral impeachment. Under 352, I'll sustain the objection to that area of inquiry on June 28th.