Cross-examination of Rosa Maria Lopez (part 4)

📄 Cross-examination of Rosa Maria Lopez (part 4) — Thursday, March 2, 1995

Address:

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

TRIAL

▲ Day 29 of 167

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, March 2, 1995 • Utterances: 69

Darden resumes cross-examination of Rosa Lopez focusing on two lines of attack: first, establishing that she effectively has a free defense-funded lawyer with no written agreement and no money paid, and second, attempting to impeach her with a prior statement she allegedly made to a KABC reporter about hearing voices from Simpson's home the night of June 12. Lopez denies ever speaking to any reporter about voices, delivering flat denials to Darden's increasingly specific questions.

# 1 ROSA LOPEZ:

GOOD AFTERNOON, SIR.

ROSA MARIA LOPEZ, THE WITNESS ON THE STAND AT THE TIME OF THE LUNCH RECESS, RESUMED THE STAND AND TESTIFIED FURTHER THROUGH THE SPANISH INTERPRETER, AS FOLLOWS:

# 2 THE COURT:

MISS LOPEZ, YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. DARDEN, YOU MAY CONTINUE WITH YOUR CROSS-EXAMINATION.

# 3 MR. DARDEN:

THANK YOU.

# 4

CROSS-EXAMINATION (RESUMED)

# 5

BY MR. DARDEN:

# 6 Q:

GOOD AFTERNOON, MISS LOPEZ.

# 7 A:

GOOD AFTERNOON, SIR.

# 8 Q:

MISS LOPEZ, HOW MUCH DOES YOUR ATTORNEY CHARGE YOU PER HOUR?

# 9 A:

WE HAVEN'T SPOKEN ABOUT HOW MUCH HE'S GOING TO CHARGE ME. I HAVE TOLD HIM THAT WHEN THE CASE IS OVER, WE'RE GOING TO TALK SO THAT I CAN PAY HIM LITTLE BY LITTLE.

# 10 Q:

SO AT THIS POINT THEN, THERE IS NO AGREEMENT AS TO AN HOURLY RATE, CORRECT?

# 11 A:

NO, SIR.

# 12 Q:

OKAY. AND HAS HE CHARGED YOU A FLAT FEE?

# 13 A:

NO, SIR.

# 14 Q:

OKAY. BUT YOU DON'T HAVE TO WORRY ABOUT PAYING HIM COMPLETELY UNTIL AFTER THE CASE IS OVER, CORRECT?

# 15 A:

YES, SIR.

# 16 Q:

AS A MATTER OF FACT, THE TWO OF YOU ARE GOING TO TALK ABOUT WHAT YOU OWE HIM, IF ANYTHING, AFTER THE CASE IS OVER, CORRECT?

# 17 A:

YES, SIR.

# 18 Q:

OKAY. SO AT THIS POINT THEN, YOU BASICALLY HAVE A FREE LAWYER; IS THAT CORRECT?

KEY QUOTE

# 19 A:

I DON'T THINK SO, SIR.

# 20 Q:

WELL, HAVE YOU GIVEN HIM ANY MONEY? SI OR NO?

# 21 A:

NO.

# 22 Q:

OKAY. DID YOU SIGN ANY WRITTEN AGREEMENT?

# 23 THE INTERPRETER:

EXCUSE ME. COULD WE GO BACK?

# 24 THE COURT:

YES.

# 25 THE INTERPRETER:

TWO QUESTIONS?

# 26 Q:

BY MR. DARDEN: TWO QUESTIONS. BUT YOU HAVEN'T PAID HIM ANY MONEY YET; IS THAT CORRECT?

# 27 A:

NO, SIR.

# 28 Q:

OKAY. YOU HAVEN'T GIVEN HIM ANY MONEY?

# 29 A:

NO, SIR.

# 30 Q:

OKAY. HAVE YOU SIGNED ANY PAPERS?

# 31 A:

NO, SIR.

# 32 Q:

OKAY. AND YOU'RE PLANNING TO LEAVE THE COUNTRY TOMORROW, CORRECT?

# 33 A:

YES, SIR.

# 34 Q:

AND YOU DON'T KNOW WHEN YOU'RE COMING BACK, CORRECT?

# 35 A:

NO, SIR.

# 36 Q:

AND YOU DON'T KNOW IF YOU'RE EVER GOING TO COME BACK, DO YOU?

# 37 A:

I CAN COME BACK WHENEVER I WANT TO, SIR.

KEY QUOTE

# 38 Q:

OKAY. BUT DO YOU PLAN TO COME BACK?

# 39 A:

NOT FOR A SHORT TIME, SIR.

# 40 Q:

WHAT'S A SHORT TIME?

# 41 A:

MAYBE NOT -- MAYBE NOT UNTIL JANUARY, DECEMBER. WHENEVER I WISH TO COME BACK, SIR. I'M FREE.

# 42 Q:

OKAY. THIS MORNING WHEN I ASKED YOU SOME QUESTIONS, YOU COULD NOT RECALL CERTAIN INCIDENTS AND CERTAIN TIMES, CORRECT?

# 43 A:

THAT'S TRUE.

# 44 Q:

OKAY. WELL, YOU HAD TROUBLE RECALLING TIMES AND EVENTS ON JUNE 13 AS WELL, CORRECT?

# 45 A:

I DON'T BELIEVE SO, SIR.

# 46 Q:

OKAY. WELL, YOU TOLD US ABOUT THE VOICES AND FOOTSTEPS AND PROWLERS AND BARKING DOGS THAT YOU HEARD, CORRECT?

# 47 MR. COCHRAN:

COMPLEX, YOUR HONOR. COMPOUND.

# 48 THE COURT:

SUSTAINED.

# 49 Q:

BY MR. DARDEN: WELL, YOU TOLD US ABOUT THE VOICES YOU HEARD, CORRECT?

# 50 A:

YES, SIR.

# 51 Q:

OKAY. BUT YOU DON'T REALLY REMEMBER WHAT TIME OF THE EVENING IT WAS THAT YOU HEARD THOSE VOICES, CORRECT?

# 52 MR. COCHRAN:

OBJECTION TO THE FORM OF THE QUESTION, YOUR HONOR, BECAUSE THERE WERE VOICES HEARD AT DIFFERENT TIMES AND DIFFERENT VOICES.

# 53 THE COURT:

SUSTAINED. WHY DON'T YOU REPHRASE THE QUESTION BECAUSE IT'S VAGUE AS TO WHAT WE ARE TALKING ABOUT.

# 54 Q:

BY MR. DARDEN: YOU DON'T REMEMBER THE EXACT TIME YOU HEARD ANY OF THOSE VOICES, CORRECT?

# 55 A:

IT DEPENDS ON WHICH VOICES YOU'RE REFERRING TO, SIR.

# 56 Q:

OKAY. WELL, YOU WERE INTERVIEWED BY A REPORTER FROM KABC ON JUNE 13, CORRECT?

# 57 A:

YES, SIR.

# 58 Q:

OKAY. AND HE ASKED YOU WHAT TIME IT WAS THAT YOU HEARD VOICES, CORRECT?

# 59 A:

I HAVEN'T SPOKEN TO ANY REPORTER, FEMALE CONNOTATION, SIR, REGARDING VOICES OR ANYTHING.

# 60 Q:

DID A REPORTER ASK YOU ON JUNE 13, 1994 WHETHER OR NOT YOU HEARD VOICES?

# 61 A:

SO MANY THINGS -- SO MANY THINGS ARE BEING ASKED OF ME, I DON'T REMEMBER.

KEY QUOTE

# 62 Q:

YOU DON'T REMEMBER TELLING THE KABC REPORTER THAT YOU HEARD VOICES, BUT THAT YOU DID NOT KNOW WHAT TIME IT WAS WHEN YOU HEARD THOSE VOICES?

# 63 A:

I HAVE NEVER TOLD ANY ONE OF THE REPORTERS THAT I HAVE HEARD VOICES, SIR.

KEY QUOTE

# 64 Q:

DID YOU TELL A REPORTER THAT YOU HEARD THE VOICES OF LITTLE BOYS COMING FROM MR. SIMPSON'S HOME THE NIGHT OF JUNE 12?

# 65 A:

NO, SIR.

# 66 Q:

DID YOU EVER TELL A REPORTER THAT YOU HEARD THE SOUNDS OF VOICES COMING FROM MR. SIMPSON'S HOME THE NIGHT OF JUNE 12?

# 67 A:

NO, SIR.

# 68 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

# 69 THE COURT:

CERTAINLY.

Temperature

tense

Key Quotes (4)

Christopher Darden

SO AT THIS POINT THEN, YOU BASICALLY HAVE A FREE LAWYER; IS THAT CORRECT?

Darden's goal is to imply Lopez's attorney is being paid by the defense, establishing her as a biased, defense-aligned witness rather than an independent one.

Rosa Lopez

I CAN COME BACK WHENEVER I WANT TO, SIR. I'M FREE.

Lopez pushes back on Darden's framing that she is fleeing the country permanently, asserting her independence — but the exchange still cements that she is leaving the country with no firm return date.

Rosa Lopez

I HAVE NEVER TOLD ANY ONE OF THE REPORTERS THAT I HAVE HEARD VOICES, SIR.

A flat denial creating a direct conflict with what Darden is implying the KABC reporter recorded — a classic setup for impeachment by prior inconsistent statement.

Rosa Lopez

SO MANY THINGS ARE BEING ASKED OF ME, I DON'T REMEMBER.

Lopez's credibility weakens momentarily when she claims not to remember whether a reporter asked her about voices — then later denies the conversation entirely, an inconsistency within the same session.

Evidence (1)

Informal

KABC reporter interview with Rosa Lopez on June 13, 1994, in which she allegedly said she heard voices from Simpson's home but did not know what time

referenced for impeachment; Lopez denies the conversation entirely

Notable Exchanges (3)

Christopher Darden•Rosa Lopez

Darden methodically establishes that Lopez has no fee agreement, no written contract, and has paid nothing to her attorney — concluding she effectively has a 'free lawyer.' Lopez resists the characterization but cannot deny the underlying facts.

strategic

Christopher Darden•Rosa Lopez

Darden attempts to confront Lopez with a prior statement to KABC about hearing voices from Simpson's home. Lopez first says she doesn't remember, then flatly denies ever speaking to any reporter about voices at all — a notable shift within the same exchange.

revealing

Johnnie Cochran•Lance A. Ito

Cochran successfully objects twice in quick succession — once for a compound question lumping together multiple things Lopez heard, and once for vagueness about which voices Darden meant. Both sustained, forcing Darden to narrow his questions.

procedural

Credibility Attacks (3)

⚔ Rosa Lopez

bias — implied defense-funded representation

Darden establishes Lopez has no fee agreement, has paid nothing, and has signed nothing with her attorney, implying the defense is effectively providing her free legal representation as an incentive for favorable testimony.

⚔ Rosa Lopez

prior inconsistent statement

Darden presses Lopez on a KABC interview she allegedly gave on June 13, 1994, in which she reportedly said she heard voices from Simpson's home but didn't know the exact time. Lopez denies ever speaking to any reporter about voices, contradicting the implied record.

⚔ Rosa Lopez

flight risk / unavailability

Darden establishes that Lopez is leaving the country the next day with no firm return date — potentially as late as December or January — undermining her reliability as a trial witness and suggesting she is evading further scrutiny.

Objections

2 objections (2 sustained, 0 overruled)

Proceeding 5107 • 69 utterances • Defense witness

Criminal Trial

Department 103