Direct examination of Darryl Smith

📄 Direct examination of Darryl Smith — Thursday, March 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\16\DIRECT-EXAMINATION-OF-DARRYL-S.DOC

TRIAL

▲ Day 39 of 167

◀ Jury returns Cross-examination of Darryl Smith ▶

Witness: Darryl Smith
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 16, 1995 • Utterances: 167

Marcia Clark examines Darryl Smith, a freelance cameraman who shot footage at 875 South Bundy for Inside Edition on June 13, 1994. Smith authenticates People's Exhibit 101, a videotape he filmed, walking the jury through the chronological sequence of events: media stationed across the street while crime scene tape was up, the tape coming down, a child roller-skating past, and officers walking the bloody walkway. He also identifies still photographs (People's 57 and Defense 1011) as frames captured from his footage.

# 1

DIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

MR. SMITH, CAN YOU PLEASE TELL US WHAT YOU DO FOR A LIVING.

# 4 A:

I WORK AS A FREELANCE CAMERAMAN OR DIRECTOR OF PHOTOGRAPHY.

# 5 Q:

AND WERE YOU SO EMPLOYED ON THE DATE OF JUNE 13, 1994?

# 6 A:

YES, I WAS.

# 7 Q:

AND ON THAT DATE, SIR, DID YOU HAVE AN ASSIGNMENT FOR A PARTICULAR COMPANY?

# 8 A:

YES, I DID.

# 9 Q:

AND WHAT WAS THAT?

# 10 A:

UMM, I WAS HIRED THROUGH GOLD COAST COMMUNICATIONS TO WORK FOR INSIDE EDITION.

# 11 Q:

OKAY. SO ON THAT DAY WERE YOU OUT SHOOTING SOME FOOTAGE FOR INSIDE EDITION?

# 12 A:

YES, I WAS.

# 13 Q:

AND WHERE DID YOU GO?

# 14 A:

AFTER LEAVING INSIDE'S MAIN HEADQUARTERS, WE WENT OVER TO WHAT IS NOW KNOWN AS NICOLE BROWN SIMPSON'S CONDO AND THEN ALSO OVER TO O.J.'S HOME.

# 15 Q:

OKAY. ON ROCKINGHAM?

# 16 A:

ON ROCKINGHAM, YES.

# 17 Q:

NOW, WHEN YOU WENT TO NICOLE BROWN SIMPSON'S CONDOMINIUM, WAS THAT THE LOCATION OF 875 SOUTH BUNDY?

# 18 A:

YES, IT WAS.

# 19 Q:

OKAY. AND THERE IS SOME FOOTAGE I'M GOING TO SHOW YOU. BEFORE I DO, LET ME ASK YOU, SIR, THE FOOTAGE THAT WILL BE SHOWN TO YOU, HAVE YOU VIEWED THAT IN MY OFFICE WITH ME?

# 20 A:

YES, I HAVE.

# 21 Q:

AND EXPLAINED TO ME HOW THAT WAS DONE?

# 22 A:

YES, I HAVE.

# 23 Q:

DOES THE FOOTAGE SHOW THE EVENTS AND THE ORDER, THE CHRONOLOGICAL ORDER THAT THEY OCCURRED?

# 24 A:

YES, IT DOES.

# 25 Q:

OKAY. SO THAT THE FIRST SHOT THAT WE ARE GOING TO SEE, THAT IS WHAT OCCURRED FIRST IN TIME?

# 26 A:

UMM, YES, I BELIEVE SO.

# 27 Q:

AND THEN EVERY SHOT THEREAFTER?

# 28 A:

EVERY SHOT THEREAFTER, YES.

# 29 THE COURT:

IN ORDER.

# 30 MS. CLARK:

IN ORDER. THANK YOU, YOUR HONOR.

# 31 DARRYL SMITH:

IN ORDER.

# 32 Q:

BY MS. CLARK: ARE THERE PIECES CUT OUT OF THE FOOTAGE?

# 33 A:

THERE ARE PIECES CUT OUT. THE FOOTAGE HAS BEEN EDITED BUT IT TELLS THE STORY BASICALLY IN CHRONOLOGICAL ORDER.

# 34 MS. CLARK:

THANK YOU, SIR.

# 35 THE COURT:

MISS CLARK, LET ME INQUIRE. YOU HAVE VIEWED THAT; IS THAT CORRECT?

# 36 MS. CLARK:

IT HAS ALREADY BEEN MARKED AND SHOWN, YOUR HONOR.

# 37 THE COURT:

ALL RIGHT. REFRESH MY RECOLLECTION. IS THE FEED APPROPRIATELY CUT ON THESE?

# 38 MS. CLARK:

YES. IT SHOULD BE CUT AND THIS IS THE TAPE THAT WAS SHOWN WITH DETECTIVE LANGE.

# 39 THE COURT:

FINE. OKAY.

# 40 MS. CLARK:

101. PEOPLE'S 101, YOUR HONOR. ALL RIGHT. MR. SMITH, THERE IS A MONITOR RIGHT THERE FOR YOU TO VIEW.

# 41 DARRYL SMITH:

RIGHT HERE? THANK YOU.

# 42 THE COURT:

YES.

# 43 (AT 11:05 A.M., PEOPLE'S EXHIBIT 101, A VIDEOTAPE, WAS PLAYED.)

# 44 MS. CLARK:

CAN WE BACK THAT UP? I'M SORRY.

# 45 (BRIEF PAUSE.)

# 46 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 47 MS. CLARK:

I'M SORRY.

# 48 Q:

ALL RIGHT. DO YOU RECOGNIZE THIS FOOTAGE, SIR?

# 49 A:

YES, I DO. CURRENTLY WE ARE ACROSS THE STREET AS NO CAMERAMEN WERE PERMITTED TO GO ACROSS THE STREET. THEY HAD US ALL BASICALLY STATIONED ON THE OPPOSITE SIDE OF THE STREET.

# 50 Q:

SO ALL OF THE NEWS CREWS THERE AND THE CAMERAMEN WERE STATIONED ON THE EAST SIDE OF BUNDY?

# 51 A:

BASICALLY ON THE EAST SIDE OF BUNDY. THERE WERE A COUPLE GUYS ACROSS THE STREET DOWN TOWARDS I GUESS THAT WOULD BE THE SOUTH SIDE AND THEY WERE MAKING THEIR WAY TO THE EAST SIDE.

# 52 Q:

OKAY. SO THEN THE CRIME SCENE TAPE SHOT -- THE SHOT OF THE CRIME SCENE -- THE SHOT OF THE CRIME SCENE TAPE COMING DOWN, THAT WAS THE FIRST THING THAT OCCURRED?

# 53 A:

YES, BEFORE ANY OF THIS HAPPENED.

# 54 Q:

BEFORE ANY OF THIS?

# 55 A:

RIGHT.

# 56 THE COURT:

INDICATING THE POLICE OFFICER WAS LIFTING THE COTTON BLANKET.

# 57 MS. CLARK:

AND WALKING ON THE WALKWAY.

# 58 THE COURT:

YES.

# 59 Q:

BY MS. CLARK: NOW, WHERE ARE YOU STANDING AT THIS POINT, SIR?

# 60 A:

I'M STANDING ACROSS THE STREET. WELL, ACTUALLY I GUESS THAT WOULD BE THE WEST SIDE AFTER THE TAPE WENT DOWN AND I'M PRETTY MUCH STANDING ON THE GRASS.

# 61 Q:

ON THE GRASS?

# 62 A:

UH-HUH.

# 63 Q:

AND CAN WE RUN THAT THROUGH ONE MORE TIME, PLEASE. SO WHILE THE CRIME SCENE TAPE WAS STILL UP, SIR, WHERE WERE ALL THE CAMERAMEN AND NEWS CREWS AND THE MEDIA?

# 64 A:

A LOT OF MEDIA HAD LEFT AND I GUESS HEADED OVER TOWARDS ROCKINGHAM, BUT THE MEDIA THAT WAS THERE AT THAT TIME WAS BASICALLY ACROSS THE STREET. WHEN THE TAPE WENT DOWN I JUST BASICALLY INSTINCTIVELY WENT ACROSS THE STREET AND STOOD ON THE GRASS, BECAUSE THEN YOU CAN APPROACH A CRIME SCENE.

# 65 Q:

SO THE FIRST TIME ANY CAMERAMEN WERE ALLOWED TO GET CLOSE TO THE CRIME SCENE WAS AFTER THE TAPE CAME DOWN?

# 66 A:

AFTER THE TAPE CAME DOWN AT THE TIME, YOU KNOW, THAT I WAS THERE, WE WERE ALL STATIONED ACROSS THE STREET, AND WHEN THE TAPE CAME DOWN, AGAIN THAT IS WHEN WE WERE ALLOWED TO COME OVER BY THE CRIME SCENE.

# 67 MS. CLARK:

OKAY.

# 68 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 69 Q:

BY MS. CLARK: DO YOU RECALL HOW LONG YOU HAD BEEN THERE WHEN THE CRIME SCENE TAPE CAME DOWN?

# 70 A:

UMM, TO THE BEST OF MY RECOLLECTION ABOUT 30 TO 45 MINUTES.

# 71 (BRIEF PAUSE.)

# 72 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 73 (DISCUSSION HELD OFF THE RECORD BETWEEN MS. CLARK AND THE CLERK.)

# 74 MS. CLARK:

READY? OKAY.

# 75 (AT 11:10 A.M., PEOPLE'S EXHIBIT 101, A VIDEOTAPE, WAS AGAIN PLAYED.)

# 76 Q:

BY MS. CLARK: ALL RIGHT. WHERE ARE YOU STANDING WHEN THIS PART OF THE TAPE -- IF YOU COULD STOP IT HERE -- WHEN THIS PART OF THE TAPE IS BEING SHOT?

# 77 A:

ACROSS THE STREET FROM -- FROM THE RESIDENCE. I GUESS THAT WOULD BE THE EAST SIDE.

# 78 Q:

OF BUNDY?

# 79 A:

OF BUNDY.

# 80 MS. CLARK:

STOP.

# 81 Q:

ALL RIGHT. NOW, YOU SEE THIS KID ROLLER SKATING DOWN THE SIDEWALK?

# 82 A:

YEAH, I DO.

# 83 THE COURT:

ALL RIGHT. EXCUSE ME, MISS CLARK. MISS CLARK, I'M SORRY, THE FIRST PORTION THAT MR. SMITH ANSWERED TO WAS THE OFFICER WHO WAS ROLLING UP THE CRIME SCENE TAPE.

# 84 MS. CLARK:

YES, YOUR HONOR. THANK YOU.

# 85 THE COURT:

ALL RIGHT.

# 86 Q:

BY MS. CLARK: OKAY. YOU ARE STILL ACROSS THE STREET AT THIS POINT; IS THAT RIGHT?

# 87 A:

YES, I AM.

# 88 (THE VIDEOTAPE CONTINUES PLAYING.)

# 89 MS. CLARK:

OKAY. STOP, PLEASE.

# 90 Q:

AT THIS POINT THE CRIME SCENE TAPE -- IS THIS SHOT AFTER THE CRIME SCENE TAPE HAS COME DOWN?

# 91 A:

YES, THIS IS.

# 92 Q:

OKAY. AND CAN YOU TELL US, SIR, WHERE YOU ARE STANDING AT THE TIME THIS SHOT IS FILMED?

# 93 A:

UMM, APPROXIMATELY -- I'M EITHER RIGHT ON THE GRASS OR RIGHT BY THE CURB ON THE WEST SIDE OF BUNDY.

# 94 Q:

OKAY. SO YOU ARE MUCH CLOSER NOW?

# 95 A:

YEAH, YEAH, I AM.

# 96 THE COURT:

THE RECORD SHOULD REFLECT THAT THE WITNESS IS REFERRING TO A PORTION OF THE TAPE WHERE IT APPEARS THAT THERE IS A CHILD LEANING OVER ROLLER BLADING PAST THE WESTEC SIGN.

# 97 MS. CLARK:

YES, YOUR HONOR. THANK YOU. OKAY.

# 98 (THE VIDEOTAPE CONTINUES PLAYING.)

# 99 MS. CLARK:

ALL RIGHT. STOP HERE. CAN YOU BACK IT UP?

# 100 Q:

ALL RIGHT. AT THIS POINT, SIR, CHRONOLOGICALLY SPEAKING, DOES THIS EVENT OCCUR AFTER THE CHILD IS ROLLER BLADING?

# 101 A:

YES.

# 102 Q:

AND FOR THE RECORD BY "THIS" I'M REFERRING TO THE PORTION OF THE TAPE WHERE ONE OFFICER IS WALKING DOWN THE WALKWAY, THERE IS A BLOODY SHEET ON THE GROUND AND THERE IS ANOTHER OFFICER IN THE BACKGROUND WALKING IN THE SAME DIRECTION, BOTH OF THEM WALKING EAST ON THE WALKWAY?

# 103 A:

YES.

# 104 Q:

OKAY. NOW, WAS THERE ANYTHING -- WE EXAMINED -- YOU RECALL AS YOU TESTIFIED EARLIER, WE EXAMINED THIS TAPE IN MY OFFICE TOGETHER ON AN EARLIER OCCASION?

# 105 A:

YES, WE DID.

# 106 Q:

WAS THERE FOOTAGE THAT YOU FILMED BETWEEN THE LITTLE BOY ON THE ROLLER SKATES AND THESE OFFICERS COMING DOWN THE WALKWAY THAT IS NOT SHOWN HERE?

# 107 A:

YES, THERE IS.

# 108 Q:

HOW CAN YOU TELL THAT, SIR?

# 109 A:

UMM, BASICALLY BECAUSE I SHOT A LOT OF IT AND IT IS EDITED TO WHERE THE IMPORTANT PART WAS THAT HE TOOK THE TAPE DOWN AND THE NEXT IMPORTANT PART WAS IT WAS STRANGE TO SEE A CHILD SKATING BY, THAT KIND OF THING. WHAT TRANSPIRED IN BETWEEN, THOSE WOULD BE CLOSE SHOTS OF OFFICERS AND CLOSE SHOTS, DIFFERENT SHOTS, SO THAT YOU CAN CUT UP AND MAKE A PROGRAM WITH, SO YES, THERE ARE -- I HAD CAMERA ROLLING AT DIFFERENT TIMES.

# 110 Q:

OKAY. BUT THE SHOTS, ARE THEY STILL IN CHRONOLOGICAL SEQUENCE?

# 111 A:

YES.

# 112 MS. CLARK:

ALL RIGHT. GO AHEAD.

# 113 Q:

AND IF YOU COULD TELL US, SIR, AS RE-ROLL THE TAPE NOW, WE ARE GOING TO ROLL IT SLOWLY, IF THERE IS ANOTHER CUT.

# 114 A:

OKAY.

# 115 (THE VIDEOTAPE CONTINUES PLAYING.)

# 116 MS. CLARK:

CAN YOU STOP THERE.

# 117 Q:

HOW CLOSE ARE YOU HERE, SIR, WHEN YOU ARE FILMING THIS SHOT?

# 118 A:

UMM, I'M STILL PRETTY MUCH ON THE GRASS.

# 119 Q:

OKAY.

# 120 A:

YEAH. ON THE GRASS RIGHT AT THE EDGE -- ON THE GRASS OR RIGHT AT THE EDGE OF THE SIDEWALK.

# 121 Q:

OKAY. WERE YOU ABLE TO SEE THAT BLOODY SHEET OR BLANKET?

# 122 A:

SURE.

# 123 Q:

YEAH. DID THE BLOOD ON IT STILL LOOK WET OR MOIST TO YOU?

# 124 A:

THAT I COULDN'T TELL.

# 125 Q:

OKAY.

# 126 A:

I COULDN'T TELL.

# 127 Q:

YOU SAW THE FLIES AROUND IT?

# 128 A:

UMM, IN MY BEST RECOLLECTION ALL I PRETTY MUCH SAW IS PRETTY MUCH WHAT YOU SEE HERE. I DIDN'T REALLY -- I CAN'T SAY I REALLY REMEMBER FLIES.

# 129 Q:

OKAY.

# 130 A:

BUT --

# 131 Q:

BUT IF IT IS ON THE TAPE --

# 132 A:

IF IT IS ON THE TAPE, I SAW IT, BASICALLY.

# 133 MS. CLARK:

OKAY. OKAY.

# 134 (THE VIDEOTAPE CONTINUES PLAYING.)

# 135 MS. CLARK:

COULD YOU STOP HERE.

# 136 Q:

WHAT WAS -- WHAT WERE YOU TRYING TO FOCUS ON HERE? WAS THERE A PARTICULAR -- OTHER THAN OBVIOUSLY THE CRIME SCENE AND THIS IS BLOOD, WAS THERE SOMETHING THAT PARTICULARLY YOU WERE TRYING TO SHOW THAT DREW YOUR ATTENTION?

# 137 A:

THE ONLY THING HERE IS TO MAKE SURE I GET A CLOSE-UP SHOT OF THE WHITE BLANKET WITH THE BLOOD SO THAT YOU CAN -- IF THEY CHOSE TO, THEY COULD CUT TO IT AND BASICALLY SHOW IT IN MORE DETAIL.

# 138 Q:

DO YOU SEE, SIR -- YOU ARE LOOKING AT THE MONITOR.

# 139 A:

OKAY.

# 140 Q:

IN THE UPPER, I WANT TO SAY RIGHT-HAND CORNER KIND OF IN THE UPPER RIGHT-HAND TILE OF THIS FRAME, AND FOR THE RECORD THE FRAME I'M NOW DESCRIBING IS SHOWING THE BLANKET AND THE FIRST STEP OF THE STEPS THAT GO FROM THE WALKWAY UP TO THE LANDING, WHAT APPEARS TO BE A -- OH, THANKS. CAN YOU LOOK AT THE SCREEN, SIR, AND I'M GOING TO DIRECT -- LOOK AT THE RED DOT.

# 141 A:

SURE.

# 142 Q:

CAN YOU SEE IT?

# 143 A:

YEAH, I SEE THE RED DOT. I CAN BARELY MAKE OUT THE SCREEN, BUT I CAN SEE THE AREA THAT YOU ARE CIRCLING AND THE TILE, OKAY.

# 144 Q:

OKAY. DO YOU RECALL SEEING THAT SPOT?

# 145 A:

YEAH, I DO.

# 146 Q:

AND WHAT WAS THAT?

# 147 A:

UMM, IT IS BASICALLY A LARGE AMOUNT OF BLOOD, COAGULATED BLOOD.

KEY QUOTE

# 148 MS. CLARK:

OKAY. GO AHEAD.

# 149 (THE VIDEOTAPE CONTINUES PLAYING.)

# 150 MS. CLARK:

ALL RIGHT. STOP.

# 151 Q:

ALL RIGHT, SIR. I'M GOING TO SHOW YOU TWO PHOTOGRAPHS, ONE OF WHICH HAS BEEN MARKED AS PEOPLE'S 57 AND ONE OF WHICH HAS BEEN MARKED AS DEFENDANT'S 1011 AND ASK YOU --

# 152 A:

OKAY.

# 153 Q:

-- TO YOU LOOK AT THESE. HAVE I SHOWN YOU THESE BEFORE, SIR?

# 154 A:

NO, I HAVEN'T SEEN THESE BEFORE.

# 155 Q:

OKAY. CAN YOU TELL ME, FIRST OF ALL, SIR, IF THOSE APPEAR TO BE BASICALLY THE SAME PHOTOGRAPH, ONE LARGE -- ONE LARGER THAN THE OTHER, ONE SHOWING THE LOGO AND ONE IN WHICH THE LOGO IS BLOCKED OUT?

# 156 A:

YEAH, THEY ARE BASICALLY THE SAME PHOTOGRAPH.

# 157 Q:

OKAY. AND CAN YOU TELL US, SIR, WHETHER OR NOT THESE ARE STILL SHOTS TAKEN FROM THE VIDEO THAT YOU FILMED THAT WE HAVE JUST BEEN LOOKING AT?

# 158 A:

YEAH, THEY DO LOOK TO BE TAKEN FROM THE VIDEO.

# 159 Q:

OKAY. AND IF YOU COULD LOOK AT YOUR MONITOR, SIR, THE FRAME THAT IS NOW BEING SHOWN, DO THESE APPEAR TO BE STILLS, THE STILL FRAME FROM THE VIDEO THAT YOU SHOT, THE FRAME THAT IS NOW BEING SHOWN TO YOU?

# 160 A:

YES, IT DOES.

# 161 Q:

AND SO IF WHAT YOU SHOT AND WHAT IS SHOWN IN THIS TAPE IS ALL IN CHRONOLOGICAL SEQUENCE, THIS PARTICULAR SHOT, WHICH IS A STILL OF WHICH IS SHOWN TO YOU IN PEOPLE'S 57 AND DEFENSE 1011 OCCURRED AFTER THE CRIME SCENE TAPE WAS TAKEN DOWN?

# 162 A:

YES, YES.

# 163 MS. CLARK:

OKAY. ROLL THE REST.

# 164 (THE VIDEOTAPE CONTINUES PLAYING.)

# 165 MS. CLARK:

THANK YOU.

# 166 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 167 MS. CLARK:

NOTHING FURTHER.

Temperature

procedural

Key Quotes (3)

Darryl Smith

WHEN THE TAPE WENT DOWN I JUST BASICALLY INSTINCTIVELY WENT ACROSS THE STREET AND STOOD ON THE GRASS, BECAUSE THEN YOU CAN APPROACH A CRIME SCENE.

Establishes precisely when and why media first had access to the crime scene area, relevant to chain-of-custody and contamination arguments.

Darryl Smith

IT IS BASICALLY A LARGE AMOUNT OF BLOOD, COAGULATED BLOOD.

Smith identifies a specific blood deposit visible in the video frame, corroborating the physical evidence at the scene.

Darryl Smith

THE FOOTAGE HAS BEEN EDITED BUT IT TELLS THE STORY BASICALLY IN CHRONOLOGICAL ORDER.

Critical foundation testimony — establishes the tape's integrity and sequential reliability before it is used as evidence.

Evidence (3)

People's 101

Videotape shot by Darryl Smith at 875 South Bundy on June 13, 1994 for Inside Edition

played in court, authenticated by Smith

People's 57

Still photograph extracted from Smith's videotape showing the bloody sheet/blanket on the walkway

introduced, identified by witness

Defense 1011

Same photograph as People's 57, larger version with network logo blocked out

introduced, identified by witness as the same image

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Judge Ito interjects multiple times to clarify for the record what is being shown on the monitor — the officer rolling up crime scene tape, the child roller-blading — since the jury is watching video Clark is verbally describing.

collaborative, administrative

Light Moments (2)

Lance A. Ito / Darryl Smith

Judge Ito and Smith both echo Clark's 'in order' when she thanks the judge for clarifying the chronological sequence, creating a brief three-way repetition.

Darryl Smith

Clark asks Smith if he noticed flies around the bloody sheet; Smith demurs — 'I can't say I really remember flies' — then concedes 'if it is on the tape, I saw it, basically.'

Objections

None recorded

Proceeding 5310 • 167 utterances • Prosecution witness

Criminal Trial

Department 103