Cross-examination of Rosa Maria Lopez (part 10)

📄 Cross-examination of Rosa Maria Lopez (part 10) — Thursday, March 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\2\CROSS-EXAMINATION-OF-ROSA-MARI.DOC

TRIAL

▲ Day 29 of 167

◀ Reconvening court Sidebar: word translation ▶

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, March 2, 1995 • Utterances: 142

Christopher Darden cross-examines Rosa Lopez, an alibi witness who claimed to have seen OJ Simpson's Bronco parked at Rockingham around the time of the murders. Darden systematically attacks her credibility by exposing repeated 'I don't remember' answers — including testimony from just 15 minutes prior — and confronts her with an alleged statement to acquaintance Sylvianne Walker that 'O.J. Simpson is a great guy and I'll testify to anything anytime.' Lopez neither confirms nor denies making the statement, saying only that she doesn't remember.

# 1 Q:

BY MR. DARDEN: OKAY. MISS LOPEZ, YOU TOLD US THAT YOU CONSIDERED THE INFORMATION THAT YOU HAD AS SOMEHOW POSING A DANGER?

# 2 A:

DANGER? WELL, THIS IS THE KIND OF INFORMATION THAT YOU CAN'T GIVE TO JUST ANYBODY, ANYBODY THAT DOESN'T KNOW IT.

# 3 Q:

ALL RIGHT. SO YOU DIDN'T GIVE IT TO THE POLICE?

# 4 MR. COCHRAN:

YOUR HONOR, I OBJECT TO THAT. IT'S LEADING AND SUGGESTIVE. I OBJECT TO THE FORM OF THE QUESTION.

# 5 MR. DARDEN:

I'M GOING TO OBJECT TO --

# 6 THE COURT:

OVERRULED. OVERRULED. COUNSEL, LET ME MAKE THIS REAL CLEAR. OBJECTIONS ARE OBJECTION, AND THEN I'LL ASK YOU TO STATE THE LEGAL GROUNDS. MR. DARDEN.

# 7 Q:

BY MR. DARDEN: OKAY. YOU DIDN'T GIVE THIS INFORMATION TO THE POLICE, CORRECT?

# 8 A:

NO.

# 9 Q:

DID YOU GIVE IT TO THE POLICE?

# 10 A:

NO.

# 11 Q:

DID YOU GIVE THE INFORMATION TO THE SALINGER'S, THAT IS PRIOR TO JANUARY 15, 1995?

# 12 A:

I DON'T REMEMBER.

# 13 Q:

YOU DIDN'T GIVE IT TO ALMA GUERRERO, RIGHT?

# 14 A:

I DON'T REMEMBER, SIR.

# 15 Q:

PRIOR TO THE BREAK, YOU TOLD US THAT YOU DID NOT TELL YOUR FRIEND ALMA ABOUT HAVING SEEN THE BRONCO, CORRECT?

# 16 MR. COCHRAN:

I OBJECT TO THE FORM -- OBJECT.

# 17 THE COURT:

OVERRULED.

# 18 THE INTERPRETER:

CAN I HAVE THE QUESTION READ BACK, PLEASE?

# 19 THE COURT:

PRIOR TO THE BREAK, YOU TOLD US YOU DID NOT TELL YOUR FRIEND ALMA ABOUT HAVING SEEN THE BRONCO, CORRECT?

# 20 ROSA LOPEZ:

I DON'T REMEMBER, SIR. (BEFORE TRANSLATION).

# 21 MR. DARDEN:

I'M SORRY. WHAT DID SHE SAY?

# 22 THE COURT:

SHE SAID SHE DOESN'T REMEMBER.

# 23 ROSA LOPEZ:

I -- I DON'T REMEMBER, SIR.

# 24 Q:

BY MR. DARDEN: YOU DON'T REMEMBER TELLING ALMA OR YOU DON'T REMEMBER TELLING US?

# 25 A:

I DON'T REMEMBER, SIR.

# 26 Q:

YOU DON'T REMEMBER YOUR TESTIMONY FROM 15 OR 20 MINUTES AGO?

KEY QUOTE

# 27 A:

YES, SIR.

# 28 Q:

CAN'T REMEMBER IT?

# 29 A:

YES, SIR.

# 30 Q:

CAN YOU REMEMBER YOUR TESTIMONY FROM THIS MORNING?

# 31 A:

YES, SIR.

# 32 Q:

OKAY. YOU ALSO HAVE A FRIEND NAME SYLVIANNE WALKER, CORRECT? YOU HAVE A FRIEND NAMED SYLVIANNE WALKER?

# 33 A:

SHE'S NOT MY FRIEND, SIR. SHE'S MY BOSS. SHE IS TOO RICH TO BE MY FRIEND.

KEY QUOTE

# 34 Q:

OKAY. SHE IS SOMEONE YOU USED TO WORK FOR, CORRECT?

# 35 A:

YES, SIR.

# 36 Q:

YOU WORKED FOR HER PRIOR TO YOUR WORKING FOR THE SALINGER'S, CORRECT?

# 37 A:

YES, SIR.

# 38 Q:

AND YOU'VE BEEN WORKING FOR THE SALINGER'S FOR THREE YEARS, CORRECT?

# 39 A:

YES, SIR.

# 40 Q:

BUT YOU DO SPEAK TO MISS WALKER ON OCCASION, CORRECT?

# 41 A:

ONCE IN A WHILE, SIR.

# 42 Q:

YOU ALSO KNOW MISS WALKER'S HUSBAND, CORRECT?

# 43 A:

OH, YES, SIR.

# 44 Q:

OKAY. AND YOU LIKE HIM A LOT, CORRECT?

# 45 A:

ALL GOOD PEOPLE -- I THINK ALL GOOD PEOPLE ARE NICE, SIR.

# 46 Q:

OKAY. AND YOU USUALLY COOK HIM A BIRTHDAY DINNER EVERY YEAR, CORRECT?

# 47 A:

WHEN THEY NEED ME, YES, SIR.

# 48 Q:

OKAY. DO YOU RECALL CALLING MISS WALKER IN AUGUST 1994?

# 49 A:

YES, SIR.

# 50 Q:

AND YOU AND MISS WALKER DISCUSSED THE MURDERS, CORRECT?

# 51 A:

I DON'T REMEMBER THAT WE DISCUSSED ABOUT ANY MURDERS, SIR. I DO REMEMBER ABOUT THE DINNER THAT WE WERE GOING TO COOK FOR THE GENTLEMAN.

# 52 Q:

WELL, ARE YOU SAYING YOU DON'T REMEMBER BECAUSE YOU DON'T REMEMBER OR ARE YOU SAYING --

# 53 MR. COCHRAN:

OBJECTION.

# 54 THE COURT:

IT'S A VAGUE QUESTION. WHY DON'T YOU REPHRASE IT.

# 55 Q:

BY MR. DARDEN: SO THERE ARE ABOUT 50 QUESTIONS THAT I'VE ASKED YOU NOW THAT YOU DON'T REMEMBER --

# 56 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR. ARGUMENTATIVE.

# 57 THE COURT:

OVERRULED.

# 58 Q:

BY MR. DARDEN: -- THAT YOU DON'T REMEMBER THE ANSWER TO OR THE EVENT OR THE TIME OR THE OCCASION.

# 59 MR. COCHRAN:

OBJECTION, YOUR HONOR. ARGUMENTATIVE.

# 60 THE COURT:

ALL RIGHT. I'M GOING TO SUSTAIN THE QUESTION. IT'S ACTUALLY COMPOUND AND COMPLEX BECAUSE IT CALLS FOR MANY -- SEVERAL DIFFERENT ANSWERS. WHY DON'T YOU REPHRASE THE QUESTION.

# 61 Q:

BY MR. DARDEN: MISS LOPEZ, DURING THE CONVERSATION THAT YOU HAD WITH MISS WALKER, DID YOU TELL HER THAT YOU HAD INFORMATION REGARDING THE LOCATION OF THE BRONCO THE NIGHT OF THE MURDERS?

# 62 A:

I DON'T REMEMBER HAVING SAID THAT TO HER, SIR.

# 63 Q:

DID SOMEONE TELL YOU THAT IF YOU SAY THAT YOU DON'T REMEMBER SOMETHING, THAT IT WILL MAKE IT EASIER FOR YOU?

KEY QUOTE

# 64 A:

NO, SIR.

# 65 Q:

OKAY. YOU DIDN'T TELL ALMA THAT YOU SAW THE BRONCO, DID YOU?

# 66 MR. COCHRAN:

OBJECTION, YOUR HONOR.

# 67 THE COURT:

WHAT'S THE OBJECTION?

# 68 MR. COCHRAN:

ASKED AND ANSWERED.

# 69 THE COURT:

OVERRULED.

# 70 Q:

BY MR. DARDEN: YOU DIDN'T TELL ALMA THAT YOU SAW THE BRONCO THAT NIGHT, DID YOU?

# 71 A:

I DON'T REMEMBER. ASK HER IF I TOLD HER BECAUSE I DON'T REMEMBER.

# 72 Q:

OKAY. WELL, IF I TOLD YOU THAT SHE TOLD US THAT YOU NEVER TOLD HER ABOUT IT --

# 73 MR. COCHRAN:

OBJECTION. OBJECTION TO THE FORM OF THE QUESTION. IT'S HEARSAY. IMPROPER QUESTION.

# 74 THE COURT:

OVERRULED. IT'S A 770 FOUNDATION.

# 75 Q:

BY MR. DARDEN: IF I TOLD YOU THAT SHE TOLD US --

# 76 MR. COCHRAN:

OBJECTION, YOUR HONOR. THAT'S VAGUE, IMPROPER, YOUR HONOR, EVEN UNDER 770.

# 77 THE COURT:

REPHRASE.

# 78 Q:

BY MR. DARDEN: ARE YOU AWARE THAT WE SPOKE TO ALMA?

# 79 MR. COCHRAN:

OBJECTION, YOUR HONOR. WE? CAN YOU TELL US WHO -- IT'S VAGUE, YOUR HONOR.

# 80 THE COURT:

OVERRULED. I THINK SHE UNDERSTANDS WHO WE'RE TALKING ABOUT.

# 81 ROSA LOPEZ:

NO, SIR, IT'S NEVER BEEN SAID TO ME.

# 82 Q:

BY MR. DARDEN: DIDN'T YOU TESTIFY EARLIER THAT ALMA HAD TOLD YOU THAT WE HAD SPOKEN TO HER SOMETIME AGO?

# 83 THE INTERPRETER:

I'M SORRY?

# 84 Q:

BY MR. DARDEN: DIDN'T YOU TESTIFY EARLIER THAT YOU KNEW THAT WE HAD SPOKEN TO ALMA BEFORE?

# 85 MR. COCHRAN:

YOUR HONOR, OBJECTION. THAT MISSTATES THE TESTIMONY.

# 86 THE COURT:

SUSTAINED.

# 87 MR. DARDEN:

SHE DID TELL US THAT EARLIER.

# 88 MR. COCHRAN:

OBJECTION. SPEAKING OBJECTION.

# 89 THE COURT:

SAME?

# 90 MR. COCHRAN:

SAME OBJECTION.

# 91 THE COURT:

SUSTAINED.

# 92 Q:

BY MR. DARDEN: OKAY. DURING THE CONVERSATION THAT YOU HAD WITH MISS WALKER, DID YOU DISCUSS THE UPCOMING TRIAL OF O.J. SIMPSON?

# 93 A:

NO, SIR.

# 94 Q:

DID YOU DISCUSS THE POSSIBILITY THAT YOU MIGHT TESTIFY IN THIS CASE?

# 95 A:

I DON'T REMEMBER, SIR.

# 96 Q:

DID YOU DISCUSS THE POSSIBILITY THAT YOU MIGHT TESTIFY IN THIS CASE?

# 97 A:

I DON'T REMEMBER HAVING SAID THAT TO HER, SIR.

# 98 Q:

DOES THAT MEAN THAT YOU DID OR THAT YOU DIDN'T?

# 99 A:

NO, SIR.

# 100 Q:

OKAY. WELL, WHO DID YOU TELL ABOUT THE BRONCO, THAT IS DURING THE YEAR 1994? DID YOU TELL ANYBODY?

# 101 A:

I TOLD -- I SAID THIS TO THE MAN WHO -- TO THE INVESTIGATOR, SIR.

# 102 Q:

MR. BILL?

# 103 A:

YES, SIR.

# 104 Q:

AND IS HE THE ONLY PERSON YOU TOLD THIS TO DURING 1994?

# 105 A:

LATER ON, THERE WAS ANOTHER PERSON. I DON'T REMEMBER THE LAST NAME.

# 106 Q:

DOES THAT PERSON WORK FOR MR. JOHNNIE?

# 107 A:

I DON'T KNOW THAT, SIR.

# 108 Q:

WHO DOES THAT PERSON WORK FOR, IF YOU KNOW?

# 109 A:

IT SEEMS THAT IT'S FOR MR. SHAPIRO. I DON'T KNOW.

# 110 Q:

OKAY. OTHER THAN THAT PERSON AND MR. BILL, DID YOU TELL ANYBODY ELSE DURING 1994?

# 111 A:

I DON'T REMEMBER WHO ELSE, SIR.

# 112 Q:

WELL, DID YOU TELL SOMEONE ELSE?

# 113 A:

I ALREADY TOLD YOU THAT I DON'T REMEMBER, SIR.

# 114 Q:

DURING YOUR CONVERSATION WITH MISS WALKER, ISN'T IT TRUE THAT YOU TOLD HER, QUOTE, O.J. SIMPSON IS A GREAT GUY AND I'LL TESTIFY TO ANYTHING ANYTIME?

# 115 A:

I DON'T REMEMBER.

# 116 Q:

YOU'RE NOT DENYING HAVING MADE THAT STATEMENT THEN?

# 117 A:

IT'S THAT I DON'T REMEMBER IF I SAID THAT OR NOT.

KEY QUOTE

# 118 Q:

SO YOU COULD HAVE SAID THAT?

# 119 A:

I DON'T KNOW, SIR.

# 120 MR. DARDEN:

MAY I HAVE A MOMENT, YOUR HONOR?

# 121 THE COURT:

CERTAINLY.

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

# 123 Q:

BY MR. DARDEN: MISS LOPEZ, YOU SPOKE TO THE INVESTIGATORS, MR. BILL AND THE OTHER MAN DURING AUGUST, CORRECT?

# 124 A:

YES, SIR.

# 125 Q:

YOU SPOKE TO MISS WALKER DURING AUGUST, CORRECT?

# 126 A:

YES.

# 127 Q:

OKAY. AND YOU SPOKE TO MISS WALKER AFTER YOU SPOKE TO THE INVESTIGATORS, CORRECT?

# 128 A:

YES, SIR.

# 129 Q:

AND SO WHEN YOU SPOKE TO MISS WALKER, YOU KNEW THAT YOU MIGHT BE TESTIFYING IN THIS CASE, CORRECT?

# 130 A:

I HAD TOLD THE INVESTIGATORS THAT I DIDN'T WANT TO COME AND TESTIFY IN COURT, SIR.

# 131 Q:

MISS WALL -- MISS LOPEZ, DID YOU TELL MISS WALKER THAT YOU WOULD TESTIFY TO ANYTHING ANYTIME?

# 132 A:

I DON'T REMEMBER HAVING SAID THAT TO HER.

# 133 Q:

MISS LOPEZ, THIS IS SUPPOSED TO BE THE MURDER CASE OF THE CENTURY.

# 134 MR. COCHRAN:

YOUR HONOR, OBJECTION. MAY WE APPROACH, YOUR HONOR?

# 135 THE COURT:

SUSTAINED.

# 136 MR. COCHRAN:

MAY WE APPROACH ON THIS ONE QUESTION?

# 137 THE COURT:

NO.

# 138 MR. COCHRAN:

THERE'S JUST ONE THING --

# 139 THE COURT:

I'M SUSTAINING THE OBJECTION.

# 140 MR. COCHRAN:

THERE'S SOMETHING ELSE I WANTED TO POINT OUT, A WORD I WANTED THE COURT TO BE AWARE OF, IF I MIGHT.

# 141 THE COURT:

ALL RIGHT. WITH THE REPORTER, PLEASE.

# 142 MR. COCHRAN:

THANK YOU.

Temperature

tense

Key Quotes (5)

Rosa Lopez

SHE'S NOT MY FRIEND, SIR. SHE'S MY BOSS. SHE IS TOO RICH TO BE MY FRIEND.

Offhand remark about Sylvianne Walker that reveals Lopez's class-consciousness and briefly humanizes her; also establishes the nature of their relationship before Darden pivots to the damaging Walker conversation.

Christopher Darden

DID SOMEONE TELL YOU THAT IF YOU SAY THAT YOU DON'T REMEMBER SOMETHING, THAT IT WILL MAKE IT EASIER FOR YOU?

Most pointed line of the examination — directly accuses Lopez of coaching without stating it outright. Her denial is followed by continued 'I don't remember' answers, making the insinuation land harder.

Christopher Darden

ISN'T IT TRUE THAT YOU TOLD HER, QUOTE, O.J. SIMPSON IS A GREAT GUY AND I'LL TESTIFY TO ANYTHING ANYTIME?

The central impeachment attempt — a statement, if true, that would destroy Lopez's credibility as an alibi witness entirely.

Rosa Lopez

IT'S THAT I DON'T REMEMBER IF I SAID THAT OR NOT.

Lopez does not deny making the 'testify to anything anytime' statement — she only can't remember it. The non-denial is arguably more damaging than a flat denial would have been.

Christopher Darden

YOU DON'T REMEMBER YOUR TESTIMONY FROM 15 OR 20 MINUTES AGO?

Exposes the implausibility of Lopez's memory lapses — she claims not to remember what she said earlier in the same session, undermining her reliability as a witness entirely.

Evidence (2)

Informal

Lopez's claimed sighting of OJ Simpson's Bronco parked at Rockingham the night of the murders

discussed, challenged via failure to disclose to police or acquaintances

Informal

Alleged statement by Lopez to Sylvianne Walker: 'O.J. Simpson is a great guy and I'll testify to anything anytime'

introduced as impeachment; Lopez neither confirms nor denies

Notable Exchanges (3)

Christopher Darden•Rosa Lopez

Darden asks if Lopez can remember her testimony from 15-20 minutes ago; she says she cannot. He then asks if she can remember her testimony from that morning; she says yes. The selective amnesia goes unexplained.

devastating

Christopher Darden•Rosa Lopez

Darden confronts Lopez with the Walker quote about testifying 'to anything anytime.' Lopez says she doesn't remember saying it but does not deny it, leaving the damaging implication intact.

strategic

Johnnie Cochran•Lance A. Ito

Cochran seeks a sidebar after Darden calls this 'the murder case of the century,' wanting to flag something for the court. Ito sustains the objection but allows Cochran to approach with the reporter only — a brief procedural skirmish.

procedural

Light Moments (1)

Rosa Lopez

When asked about Sylvianne Walker, Lopez spontaneously declares: 'She's not my friend, sir. She's my boss. She is too rich to be my friend.'

Credibility Attacks (4)

⚔ Rosa Lopez

prior inconsistent statement / bias

Darden attributes a statement to Lopez — made to Sylvianne Walker — that she would 'testify to anything anytime' for OJ Simpson. Lopez cannot deny it, only saying she doesn't remember.

⚔ Rosa Lopez

impeachment via implausible memory failure

Darden highlights that Lopez cannot recall testimony from 15-20 minutes earlier in the same session, while claiming to remember her morning testimony — undermining the credibility of all her 'I don't remember' answers.

⚔ Rosa Lopez

coaching insinuation

Darden directly asks whether someone told Lopez that saying 'I don't remember' would make things easier for her — planting the suggestion that her amnesia is coached rather than genuine.

⚔ Rosa Lopez

failure to disclose to police or acquaintances

Darden establishes that Lopez told neither police nor her friend Alma about the Bronco sighting, despite claiming it was significant information — suggesting she withheld it until approached by defense investigators.

Witness Demeanor

Repeatedly unresponsive, redirecting answers to 'I don't remember'

Occasionally tells Darden to ask other witnesses directly ('Ask her if I told her because I don't remember')

Interpreter required; judge reads question back at interpreter's request

Objections

11 objections (4 sustained, 6 overruled)

Proceeding 5098 • 142 utterances • Defense witness

Criminal Trial

Department 103