Cross-examination of Rosa Maria Lopez (part 5)

📄 Cross-examination of Rosa Maria Lopez (part 5) — Thursday, March 2, 1995

Address:

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

TRIAL

▲ Day 29 of 167

◀ Videotape review Videotape documentation ▶

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, March 2, 1995 • Utterances: 28

Darden plays a news footage videotape (People's 89) to impeach Lopez's earlier claim that she never told a reporter she heard voices at the Simpson estate. Lopez disputes the characterization, insisting she said 'noises' not 'voices,' and Darden asks the tape be replayed to resolve the dispute.

# 1 THE COURT:

ALL RIGHT. MISS LOPEZ, WOULD YOU TAKE THE WITNESS STAND AGAIN, PLEASE. ALL RIGHT. MR. DARDEN, YOU MAY RESUME.

# 2 Q:

BY MR. DARDEN: MISS LOPEZ, I WOULD LIKE TO SHOW YOU A VIDEOTAPE, SOME NEWS FOOTAGE.

# 3 MR. DARDEN:

AND I WOULD LIKE THE VIDEOCASSETTE MARKED PEOPLE'S 89, YOUR HONOR.

# 4 THE COURT:

ALL RIGHT. PEOPLE'S 89, VIDEOCASSETTE.

# 5 (PEO'S 89 FOR ID = VIDEO CASSETTE)

# 6 Q:

BY MR. DARDEN: CAN YOU TAKE A LOOK AT THE MONITOR, PLEASE?

# 7 (AT 1:50 P.M., PEOPLE'S EXHIBIT 89, A VIDEOTAPE, WAS PLAYED.)

# 8 (AT 1:51 P.M., THE PLAYING OF THE VIDEOTAPE ENDED.)

# 9 Q:

BY MR. DARDEN: NOW, BEFORE YOU LEFT THE WITNESS STAND, YOU TOLD US THAT YOU NEVER TOLD A REPORTER THAT YOU HEARD VOICES, CORRECT?

# 10 A:

YES, SIR.

# 11 Q:

OKAY. BUT NOW YOU SEE YOURSELF THERE ON TELEVISION, RIGHT?

KEY QUOTE

# 12 A:

YES, SIR.

# 13 Q:

OKAY. AND YOU DID TELL A REPORTER THAT YOU HEARD VOICES, DIDN'T YOU?

# 14 A:

NOISES, NOT VOICES, SIR.

KEY QUOTE

# 15 Q:

SO YOU'RE SAYING THAT YOU SAID "NOISE" ON THE TAPE?

# 16 A:

YES, SIR.

# 17 Q:

BUT YOU DIDN'T SAY VOICE?

# 18 A:

NO.

# 19 Q:

OKAY. THE REPORTER ASKED YOU WHAT YOU SAW AND HEARD THAT DAY, CORRECT?

# 20 A:

WHAT HAD I HEARD.

# 21 Q:

OKAY. HE ALSO ASKED YOU WHAT YOU SAW, DIDN'T HE?

# 22 A:

I DON'T THINK I WAS ASKED WHAT I SAW.

# 23 Q:

OKAY.

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

# 25 MR. DARDEN:

CAN WE PLAY IT AGAIN, YOUR HONOR, ONE MORE TIME, PEOPLE'S 89?

# 26 MR. COCHRAN:

HAS THAT BEEN MARKED, YOUR HONOR?

# 27 THE COURT:

THAT'S PEOPLE'S 89.

# 28 MR. COCHRAN:

THANK YOU, YOUR HONOR.

Temperature

tense

Key Quotes (2)

Rosa Lopez

NOISES, NOT VOICES, SIR.

Lopez's one-word rebuttal to Darden's impeachment attempt — she refuses to concede the point and draws a semantic distinction that undermines the prior-inconsistent-statement attack.

Christopher Darden

BUT NOW YOU SEE YOURSELF THERE ON TELEVISION, RIGHT?

Darden's setup for the impeachment — forcing Lopez to acknowledge the video before pressing the contradiction.

Evidence (1)

People's 89

Videocassette of news footage showing Rosa Lopez speaking to a reporter about what she heard on the day of the murders

introduced and played; played a second time at Darden's request

Notable Exchanges (1)

Christopher Darden•Rosa Lopez

Darden attempts to impeach Lopez with video showing her telling a reporter she heard 'voices'; Lopez insists the tape shows her saying 'noises,' splitting the semantic difference and refusing to concede the prior inconsistency.

strategic

Credibility Attacks (1)

⚔ Rosa Lopez

prior inconsistent statement via videotape

Darden plays news footage to contradict Lopez's claim that she never told a reporter she heard voices; Lopez counters that she said 'noises,' not 'voices,' neutralizing the attack and prompting Darden to replay the tape.

Objections

None recorded

Proceeding 5109 • 28 utterances • Defense witness

Criminal Trial

Department 103