Redirect examination of Brenda Vemich

📄 Redirect examination of Brenda Vemich — Thursday, June 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\15\REDIRECT-EXAMINATION-OF-BRENDA.DOC

TRIAL

▲ Day 96 of 167

◀ Cross-examination of Brenda Vemich Recross-examination of Brenda Vemich ▶

Witness: Brenda Vemich
Examiner: Christopher Darden
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 84

Darden rehabilitates Bloomingdale's glove buyer Brenda Vemich after Cochran's cross-examination, focusing on three points: the gloves' distinctive qualities and fit, the significance of Nicole Brown's name on the sales receipt, and whether the gloves appeared baggy when Cochran put them on during his own cross-examination. The redirect includes a light moment when Darden botches basic arithmetic and is corrected by both Judge Ito and Marcia Clark.

# 1 MR. DARDEN:

Thank you, your Honor.

REDIRECT EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

Miss Vemich--

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

# 4 MR. DARDEN:

Important letter from upstairs, your Honor.

# 5 MR. DARDEN:

Miss Vemich, what was it about those gloves that made them sell?

# 6 MR. COCHRAN:

Just a moment. That calls for speculation, I suppose.

# 7 THE COURT:

I think she is an expert.

# 8 MS. VEMICH:

These gloves were extremely lightweight. The reason they sold, from my experience in waiting on customers, is that they were almost like a second skin. Umm, you could pick up a penny or a needle practically with them and they were very--again they are very, very thin, and many people like that about these gloves and that is why they were called leather light and that is why we marked them leather lights and it was a big seller. It was a big part of my business.

KEY QUOTE

# 9 MR. DARDEN:

You told us that approximately 200 pairs of those gloves in size extra large and in a brown color sold during the Christmas season, 1990?

# 10 MS. VEMICH:

Yes, approximately 200 pair.

# 11 MR. DARDEN:

Okay. I neglected to ask you, when the receipt was on the screen, where that particular purchase was made?

# 12 MS. VEMICH:

In the 59th Street store.

# 13 MR. DARDEN:

In New York city?

# 14 MS. VEMICH:

Yes.

# 15 MR. DARDEN:

Are you aware the Defendant has a home in New York city?

# 16 MR. COCHRAN:

I object to that, your Honor, leading and suggestive.

# 17 THE COURT:

Sustained. Sustained.

# 18 MR. COCHRAN:

Assumes a fact not in evidence.

# 19 THE COURT:

Sustained.

# 20 MR. COCHRAN:

Thank you, your Honor.

# 21 MR. DARDEN:

You don't know how those gloves made it here to Los Angeles, do you?

# 22 MS. VEMICH:

No.

# 23 MR. DARDEN:

Okay. Or to Bundy?

# 24 MS. VEMICH:

No.

# 25 MR. COCHRAN:

Assumes a fact not in evidence. Objection.

# 26 THE COURT:

Overruled.

# 27 MR. DARDEN:

You don't know how one of those gloves found their way to Bundy?

# 28 MS. VEMICH:

No.

# 29 MR. COCHRAN:

Object to the form of that question, argumentative.

# 30 THE COURT:

Overruled.

# 31 MR. DARDEN:

Do Aris Isotoner gloves usually have a style number imprinted somewhere on the glove?

# 32 MS. VEMICH:

Not that I know of.

# 33 MR. DARDEN:

But you mentioned a moment ago that there was no style number that you could see with the naked eye?

# 34 MS. VEMICH:

No. There is no style number that you can see.

# 35 MR. DARDEN:

Are you suggesting that there is some type of number, identification number somewhere on the glove?

# 36 MS. VEMICH:

I believe there is some kind of identification on the glove underneath the lining that may tell you the lot number or whatever, in what sequence they were made. I am not an expert in this area.

# 37 MR. DARDEN:

Okay. And when you identified the two gloves shown to you by Mr. Cochran and myself, was that identification based on the sales receipt or was it based on your observations of the gloves?

# 38 MS. VEMICH:

The observation of the gloves.

# 39 MR. DARDEN:

You know that style when you see it?

# 40 MS. VEMICH:

I know that style.

# 41 MR. DARDEN:

Now, is there a particular way that gloves are supposed to fit on a man's hands?

# 42 MS. VEMICH:

They say fit like a--

# 43 MR. COCHRAN:

Just a moment. Just a moment. I object to the form of the question.

# 44 THE COURT:

Overruled.

# 45 MR. COCHRAN:

No foundation, your Honor.

# 46 THE COURT:

Overruled.

# 47 MR. DARDEN:

How are they supposed to fit, Miss Vemich?

# 48 MS. VEMICH:

They are supposed to fit like a glove. They are supposed to fit tight. They are supposed to fit tight and snug and they stretch and they are not supposed to be baggie.

KEY QUOTE

# 49 MR. DARDEN:

And they were on Mr. Cochran's hand?

# 50 MS. VEMICH:

With respect--

# 51 MR. COCHRAN:

Assumes a fact not in evidence. Move to strike.

# 52 THE COURT:

Sustained.

# 53 MR. DARDEN:

Did the gloves appear baggie when Mr. Cochran put them on?

# 54 MR. COCHRAN:

Calls for speculation.

# 55 THE COURT:

Overruled. She was sitting right next to you, Mr. Cochran.

# 56 MS. VEMICH:

Yes.

# 57 MR. DARDEN:

You were able to see Mr. Cochran's hand?

# 58 MS. VEMICH:

Yes.

# 59 MR. DARDEN:

What size of glove would you say would be appropriate for him?

# 60 THE COURT:

That is not relevant.

# 61 MR. DARDEN:

Well, Mr. Cochran suggested that his hand was a size large. Is his hand a size large in terms of glove size?

# 62 MR. COCHRAN:

Assumes a fact not in evidence.

# 63 THE COURT:

It is not relevant, counsel.

# 64 MR. DARDEN:

If we could just put the sales receipt back up for just one moment, 372-A. Miss Vemich, assuming that there was no tile number that is no 70268 or 70263 on the sales receipt, could you still tell us the make, style, model and price of the glove sold on December 18, 1990?

# 65 MS. VEMICH:

Yes, because it says that it is a leather glove, it said it is made by vendor Aris, it was $55.00, two were purchased at $55.00, 110 and thirty percent off is 77 and I only had one glove from Aris at $55.00.

# 66 MR. DARDEN:

Okay. So $77.00 is thirty percent of $110.00?

# 67 MS. VEMICH:

Yes.

# 68 THE COURT:

70 percent.

# 69 MS. CLARK:

70 percent.

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

# 71 MR. DARDEN:

That is why I'm a lawyer, your Honor. We never get mark downs. Can I have one moment?

KEY QUOTE

# 72 THE COURT:

Certainly.

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

# 74 MR. DARDEN:

May I have one moment, your Honor?

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

# 76 MR. DARDEN:

If we could go down to the bottom of the receipt again.

# 77 MR. DARDEN:

Okay. You see the name "Nicole Brown" written on the receipt?

# 78 MS. VEMICH:

Yes.

# 79 MR. DARDEN:

Okay. Are customers required to sign their names when they receive the merchandise and upon the purchase?

# 80 MS. VEMICH:

Yes.

# 81 MR. DARDEN:

Okay. Is that apparently what Nicole Brown did in this situation?

# 82 MS. VEMICH:

Yes.

# 83 MR. DARDEN:

Thank you.

# 84 THE COURT:

Mr. Cochran, anything further?

Temperature

procedural

Key Quotes (5)

Brenda Vemich

These gloves were extremely lightweight. The reason they sold, from my experience in waiting on customers, is that they were almost like a second skin. Umm, you could pick up a penny or a needle practically with them.

Establishes the gloves' defining characteristic — they fit like a second skin, snug and form-fitting — directly undercutting any defense claim that a proper fit would look loose.

Brenda Vemich

They are supposed to fit like a glove. They are supposed to fit tight. They are supposed to fit tight and snug and they stretch and they are not supposed to be baggie.

Sets the standard for proper fit immediately before Darden asks whether the gloves appeared baggy on Cochran's hand — the setup for his key rehabilitative point.

Brenda Vemich

Yes.

Her answer confirming the gloves appeared baggy when Cochran put them on — a direct counter to the 'if it doesn't fit' narrative, implying Cochran's hand is smaller than OJ's.

Christopher Darden

That is why I'm a lawyer, your Honor. We never get mark downs.

Self-deprecating joke after Darden incorrectly stated $77 was 'thirty percent' of $110 (it is 70 percent off), corrected simultaneously by Ito and Clark.

Brenda Vemich

I only had one glove from Aris at $55.00.

Reaffirms that the receipt can be identified as Aris Isotoner gloves even without a style number, based on vendor, price point, and Vemich's exclusive inventory of that item.

Evidence (2)

People's 372-A

Bloomingdale's sales receipt from December 18, 1990, showing purchase of two Aris Isotoner leather gloves at $55 each, with Nicole Brown's name signed at the bottom

discussed, displayed on screen

Informal

The two Aris Isotoner gloves (the Bundy glove and Rockingham glove) previously shown to Vemich by both Cochran and Darden

referenced — Vemich confirms her identification was based on visual observation of the gloves, not the receipt

Notable Exchanges (3)

Christopher Darden•Brenda Vemich•Johnnie Cochran•Lance A. Ito

Darden elicits that the gloves appeared baggy on Cochran's hand. Cochran objects that it calls for speculation; Ito overrules with the wry observation 'She was sitting right next to you, Mr. Cochran.' Vemich confirms: yes, they looked baggy.

strategic/pointed

Christopher Darden•Lance A. Ito•Marcia Clark

Darden asks Vemich to confirm that $77 is 'thirty percent of $110' — it is not, it is 70 percent off. Both Ito and Clark simultaneously correct him. Darden responds with a self-deprecating joke about being a lawyer who never gets markdowns.

light/comedic

Christopher Darden•Johnnie Cochran•Lance A. Ito

Darden attempts to establish that OJ has a New York home, which would explain how gloves purchased at the 59th Street Bloomingdale's reached Los Angeles. Cochran objects as leading and assumes facts not in evidence; Ito sustains both grounds.

strategic

Light Moments (2)

Christopher Darden

Darden incorrectly states '$77 is thirty percent of $110.' Both Judge Ito and Marcia Clark correct him simultaneously. Darden jokes: 'That is why I'm a lawyer, your Honor. We never get mark downs.'

Lance A. Ito

After Cochran objects that Vemich's observation of glove fit on his hand 'calls for speculation,' Ito overrules with: 'She was sitting right next to you, Mr. Cochran.'

Objections

9 objections (3 sustained, 5 overruled)

Proceeding 6413 • 84 utterances • Prosecution witness

Criminal Trial

Department 103