Cross-examination of Rosa Maria Lopez (part 6)

📄 Cross-examination of Rosa Maria Lopez (part 6) — Thursday, March 2, 1995

Address:

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

TRIAL

▲ Day 29 of 167

◀ Sidebar: videotape authenticity Cross-examination of Rosa Maria Lopez (part 7) ▶

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, March 2, 1995 • Utterances: 57

Darden continues his cross-examination of Rosa Lopez by replaying People's Exhibit 89, a videotaped reporter interview, and systematically confronting her with what she omitted from it — no mention of barking dogs, footsteps, or the Bronco. He then probes her claim to have met Simpson only once, and she draws a careful distinction between 'meeting/talking' and 'seeing' him.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 Q:

BY MR. DARDEN: MISS LOPEZ, I'M GOING TO ASK YOU TO LOOK AT YOUR MONITOR AGAIN AND PAY CAREFUL ATTENTION, OKAY, IF YOU WOULD, PLEASE. I'M GOING TO REPLAY THE VIDEOTAPE WE JUST PLAYED FOR YOU A MOMENT AGO.

# 3 (AT 1:57 P.M., PEOPLE'S EXHIBIT 89, A VIDEOTAPE, WAS PLAYED.)

# 4 (AT 1:58 P.M. THE PLAYING OF THE VIDEOTAPE ENDED.)

# 5 THE COURT:

SOUNDS LIKE JOHN NORRIS.

KEY QUOTE

# 6 MR. DARDEN:

OKAY.

# 7 THE COURT:

MR. DARDEN.

# 8 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 9 Q:

BY MR. DARDEN: THE REPORTER ASKED YOU WHAT YOU SAW AND HEARD THAT DAY, DIDN'T HE?

# 10 A:

YES, SIR.

# 11 Q:

AND YOU NEVER TOLD HIM THAT YOU HEARD BARKING DOGS, DID YOU?

# 12 MR. COCHRAN:

YOUR HONOR, JUST A MOMENT. THAT'S AN UNFAIR QUESTION. WAS SHE ASKED THAT?

# 13 THE COURT:

OVERRULED.

# 14 ROSA LOPEZ:

NO, BECAUSE THEY WERE NOT THE POLICE, SIR. I DIDN'T HAVE TO GIVE MY DECLARATION TO ANY LAYPERSON.

KEY QUOTE

# 15 Q:

BY MR. DARDEN: AND YOU DIDN'T TELL THAT REPORTER THAT YOU HEARD FOOTSTEPS, DID YOU?

# 16 A:

NO, SIR.

# 17 Q:

AND YOU DIDN'T TELL THAT REPORTER THAT YOU HEARD A PROWLER, DID YOU?

# 18 A:

I NEVER SAID THAT HE WAS A PROWLER, SIR.

# 19 Q:

OKAY. AND YOU DIDN'T TELL THE REPORTER THAT YOU SAW THE BRONCO PARKED ON ROCKINGHAM, DID YOU?

# 20 MR. COCHRAN:

YOUR HONOR, SHE WAS NEVER ASKED THAT QUESTION, YOUR HONOR. HOW COULD THAT -- I DON'T UNDERSTAND. THAT'S AN UNFAIR QUESTION, YOUR HONOR.

# 21 THE COURT:

OVERRULED.

# 22 Q:

BY MR. DARDEN: AND YOU NEVER TOLD THAT REPORTER THAT YOU HAD SEEN THE BRONCO THE NIGHT BEFORE, DID YOU?

# 23 A:

NO, SIR.

# 24 Q:

ALL YOU TOLD THE REPORTER WAS THAT YOU HEARD VOICES AND THAT YOU DID NOT KNOW AT WHAT TIME IT WAS THAT YOU HEARD THOSE VOICES, CORRECT?

# 25 MR. COCHRAN:

YOUR HONOR, THAT'S NOT A FAIR QUESTION.

# 26 THE COURT:

SUSTAINED.

# 27 MR. COCHRAN:

IT'S BEEN EDITED. WE DON'T KNOW --

# 28 THE COURT:

WAIT, WAIT. SUSTAINED. THAT ASSUMES FACTS NOT IN EVIDENCE. THERE'S NO DISCUSSION OF TIME ON THE TAPE.

# 29 Q:

BY MR. DARDEN: WELL, WHEN YOU TOLD THE REPORTER THAT YOU HEARD VOICES, DIDN'T YOU TELL HIM THAT YOU DIDN'T KNOW WHAT TIME IT WAS THAT YOU HEARD THE VOICES?

# 30 A:

YES, SIR.

# 31 Q:

ALL YOU KNEW WAS THAT YOU HEARD THE VOICE -- THE VOICES VERY, VERY LATE, CORRECT?

# 32 MR. COCHRAN:

OBJECTION TO THE FORM OF THE QUESTION, "ALL YOU KNEW." SHE KNEW A LOT MORE.

# 33 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 34 Q:

BY MR. DARDEN: ALL YOU KNEW ABOUT THE TIMING OF THE VOICES IS THAT YOU HEARD THEM VERY, VERY LATE, CORRECT?

# 35 A:

YES, SIR.

# 36 Q:

YOU DON'T KNOW WHAT TIME YOU HEARD THE VOICES THAT NIGHT, DO YOU?

# 37 A:

YES, SIR.

# 38 Q:

DO YOU KNOW THE TIME YOU HEARD THE VOICES?

# 39 MR. COCHRAN:

YOUR HONOR, I OBJECT. WHICH VOICES? IT'S VAGUE, YOUR HONOR, WHAT VOICES WE ARE TALKING ABOUT.

# 40 THE COURT:

OVERRULED. THE ONES THAT ARE ON THE TAPE.

# 41 ROSA LOPEZ:

IT DEPENDS ON WHICH ONES YOU'RE ASKING ME ABOUT, SIR.

# 42 Q:

BY MR. DARDEN: OKAY. DO YOU KNOW THE TIME THAT YOU HEARD SOME OF THE VOICES YOU HEARD THAT NIGHT?

# 43 A:

UMM, AFTER 11:30 TO 12:00.

# 44 Q:

OKAY. OTHER THAN THOSE VOICES, YOU DON'T KNOW WHEN YOU HEARD ANY OTHER VOICE THAT YOU HEARD THAT NIGHT, CORRECT?

# 45 A:

YES, SIR.

# 46 Q:

NOW, YOU TOLD US DURING YOUR TESTIMONY EARLIER THAT YOU ONLY MET MR. SIMPSON ONE TIME, CORRECT?

# 47 A:

YES, SIR.

# 48 Q:

BUT THAT WASN'T TRUE, WAS IT?

# 49 A:

IT IS TRUE, SIR.

# 50 Q:

WELL, ISN'T IT TRUE THAT YOU'VE SPOKEN TO MR. SIMPSON -- WELL, STRIKE THAT. ISN'T IT TRUE THAT YOU HAVE SPOKEN TO MR. SIMPSON ON AT LEAST THREE OR FOUR DIFFERENT OCCASIONS?

# 51 MR. COCHRAN:

JUST A MOMENT. OBJECTION. THAT'S A DIFFERENT QUESTION. SHE SAID MET MR. SIMPSON. NOW HE'S TALKING ABOUT SPEAKING. IT'S A DIFFERENT QUESTION.

# 52 THE COURT:

OVERRULED.

# 53 Q:

BY MR. DARDEN: ISN'T IT TRUE THAT YOU HAD SPOKEN TO MR. SIMPSON ON THREE OR FOUR DIFFERENT OCCASIONS?

# 54 A:

NO, SIR. ONE TIME.

# 55 Q:

DIDN'T YOU TELL THE REPORTER THAT YOU SPOKE TO ON THIS VIDEOTAPE THAT YOU HAD SPOKEN TO MR. SIMPSON MANY, MANY TIMES?

# 56 A:

THAT I HAVE SEEN HIM MANY TIMES? YES. BUT NOT THAT I HAVE TALKED TO HIM.

KEY QUOTE

# 57 Q:

OKAY.

Temperature

tense

Key Quotes (4)

Rosa Lopez

NO, BECAUSE THEY WERE NOT THE POLICE, SIR. I DIDN'T HAVE TO GIVE MY DECLARATION TO ANY LAYPERSON.

Lopez explains why she withheld details from the reporter — a defensive but revealing distinction that undercuts the naturalism of her trial testimony.

Rosa Lopez

THAT I HAVE SEEN HIM MANY TIMES? YES. BUT NOT THAT I HAVE TALKED TO HIM.

Lopez splits a hair between 'seeing' and 'talking to' Simpson, rescuing her prior claim of only meeting him once — but the distinction itself raises questions about her relationship with him.

Lance A. Ito

THAT ASSUMES FACTS NOT IN EVIDENCE. THERE'S NO DISCUSSION OF TIME ON THE TAPE.

Ito actively engages with the substance of an objection, clarifying the evidentiary basis and showing close attention to Darden's framing.

Lance A. Ito

SOUNDS LIKE JOHN NORRIS.

Casual aside from the judge after the tape plays — a rare light moment in an otherwise methodical cross.

Evidence (1)

People's 89

Videotaped reporter interview with Rosa Lopez

Replayed in court; used to impeach Lopez by showing she omitted details (barking dogs, footsteps, Bronco sighting) she later testified about

Notable Exchanges (3)

Christopher Darden•Rosa Lopez

Darden lists items Lopez did not mention to the reporter — barking dogs, footsteps, a prowler, the Bronco — and Lopez deflects by noting the reporter was not police and she owed them no declaration.

strategic

Christopher Darden•Rosa Lopez

Darden challenges Lopez's claim of meeting Simpson only once; she distinguishes between 'seeing' him many times and 'talking' to him only once, defusing the impeachment with a semantic pivot.

revealing

Johnnie Cochran•Lance A. Ito

Cochran objects repeatedly to Darden's framing as 'unfair' or misleading; Ito sustains two and overrules four, occasionally explaining his reasoning on the record.

procedural

Light Moments (1)

Lance A. Ito

After the videotape ends, Ito remarks 'Sounds like John Norris' — apparently recognizing a voice on the tape — before returning to business.

Credibility Attacks (2)

⚔ Rosa Lopez

Prior inconsistent statement (videotaped interview)

Darden uses People's 89 to show Lopez never mentioned barking dogs, footsteps, or the Bronco to the reporter — details central to her trial testimony — suggesting they were fabricated or embellished after the fact.

⚔ Rosa Lopez

Impeachment on prior testimony

Darden confronts Lopez's claim of meeting Simpson only once by citing the videotape where she said she had spoken to him 'many, many times'; Lopez survives by distinguishing 'seeing' from 'talking.'

Objections

6 objections (2 sustained, 4 overruled)

Proceeding 5112 • 57 utterances • Defense witness

Criminal Trial

Department 103