Cross-examination of Rosa Maria Lopez (part 8)

📄 Cross-examination of Rosa Maria Lopez (part 8) — Thursday, March 2, 1995

Address:

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

TRIAL

▲ Day 29 of 167

◀ Sidebar: witness credibility Sidebar: phone bill evidence ▶

Witness: Rosa Lopez
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, March 2, 1995 • Lines: 65

Darden continues cross-examining Lopez about why she did not approach police around Simpson's home with her information. He repeatedly asserts that she had earlier called it important, while Lopez says she does not know, describes it as possibly dangerous rather than important, and says she would not go looking for police. After Cochran objects that he has not seen and lacks a copy of a GTE phone bill, Darden says the bills were subpoenaed and being faxed to the court, and Ito calls counsel to sidebar.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. MR. SHULMAN, DO WE STILL HAVE POWER ON THE CAMERA?

# 3 MR. SHULMAN:

YES, WE DO.

# 4 THE COURT:

ALL RIGHT. COUNSEL, GIVEN THE NATURE OF OUR PROCEEDING, THE COURT ELECTS TO PROCEED IN LIGHT OF THE WHIZ BANG SYSTEM POWER SHORTAGE AND WE'LL JUST HAVE TO DO IT THE OLD FASHION WAY. ALL RIGHT. PROCEED. DO YOU HAVE ANY OTHER EXHIBITS THAT ARE ELECTRONICALLY GENERATED?

# 5 MR. DARDEN:

WE CAN KEEP GOING.

# 6 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL.

# 7 Q:

BY MR. DARDEN: MISS LOPEZ, PLEASE GIVE ME THE FIRST NAMES OF YOUR THREE CLOSEST FRIENDS.

# 8 A:

VICTORIA GONZALEZ.

# 9 MR. COCHRAN:

FIRST NAME.

# 10 THE COURT:

YOU JUST NEED TO GIVE US THE FIRST NAME.

# 11 ROSA LOPEZ:

VICTORIA, ALMA AND CORALIA.

# 12 Q:

BY MR. DARDEN: OKAY. YOU TOLD US THE OTHER DAY THAT YOU WERE EXPECTING A POLICEMAN TO COME TO THE HOUSE AND ASK YOU SOME QUESTIONS, CORRECT?

# 13 A:

YES.

# 14 Q:

OKAY. AND WERE YOU CONCERNED AFTER SO MUCH TIME WENT BY AND NO POLICE OFFICER CAME?

# 15 A:

NO. WHY SHOULD I?

# 16 Q:

WELL, YOU KNEW THE INFORMATION YOU HAD WAS IMPORTANT, CORRECT?

# 17 MR. COCHRAN:

YOUR HONOR, I OBJECT TO THE FORM OF THAT. ASSUMES FACTS NOT IN EVIDENCE.

# 18 THE COURT:

OVERRULED.

# 19 ROSA LOPEZ:

I DON'T KNOW.

# 20 Q:

BY MR. DARDEN: WELL, A MOMENT AGO, YOU TESTIFIED THAT YOU THOUGHT THAT THE INFORMATION YOU HAD WAS IMPORTANT, DIDN'T YOU?

# 21 A:

NOT IMPORTANT. DANGEROUS MAYBE.

KEY QUOTE

# 22 Q:

WELL, YOU JUST TESTIFIED A FEW MOMENTS AGO THAT YOU THOUGHT THE INFORMATION YOU HAD WAS IMPORTANT; ISN'T THAT TRUE?

# 23 A:

IF YOU SAY SO.

# 24 Q:

I'M ASKING YOU, MISS LOPEZ, DID YOU CONSIDER THE INFORMATION IMPORTANT?

# 25 A:

NOT TO ME.

# 26 Q:

OKAY. SO WHEN YOU TOLD US A FEW MINUTES AGO THAT THE INFORMATION YOU KNEW AND HAD WAS IMPORTANT, YOU WEREN'T BEING HONEST WITH US?

# 27 MR. COCHRAN:

YOUR HONOR, THAT'S ARGUMENTATIVE. OBJECTION.

# 28 THE COURT:

SUSTAINED.

# 29 Q:

BY MR. DARDEN: WELL, WHY DID YOU TELL US IT WAS IMPORTANT IF IN FACT YOU DID NOT BELIEVE IT TO BE IMPORTANT?

# 30 A:

BECAUSE NO ONE EVER CAME TO ASK ME ABOUT IT. NO ONE EVER WORRIED ABOUT IT BEFORE.

# 31 Q:

WELL, AFTER THE MURDERS, LOTS AND LOTS OF PEOPLE CAME BY THE SIMPSON HOME, CORRECT?

# 32 A:

YES.

# 33 Q:

OKAY. HUNDREDS AND THOUSANDS OF CARS BEGAN DRIVING UP AND DOWN ROCKINGHAM AND ASHFORD?

# 34 A:

THAT'S TRUE.

# 35 Q:

LOTS AND LOTS OF REPORTERS CAMPED OUT AT THE ROCKINGHAM INTERSECTION?

# 36 A:

YES. THAT'S TRUE.

# 37 Q:

AND THE POLICE WERE CALLED IN TO HANDLE THE TRAFFIC, CORRECT?

# 38 A:

THAT'S TRUE.

# 39 Q:

AND THERE WERE POLICEMEN SURROUNDING MR. SIMPSON'S HOME DURING THAT FIRST WEEK AFTER THE MURDERS, CORRECT?

# 40 A:

THAT'S TRUE.

# 41 Q:

AND THOSE POLICEMEN WERE IN UNIFORM?

# 42 A:

SOME OF THEM AND OTHERS WEREN'T.

# 43 Q:

AND THOSE POLICEMEN ALL HAD BADGES, CORRECT?

# 44 A:

I THINK SO.

# 45 Q:

BUT YOU NEVER STOPPED ONE AND TOLD HIM OR HER ABOUT THE INFORMATION THAT YOU HAD, DID YOU?

# 46 A:

WHY?

# 47 Q:

BECAUSE YOU THOUGHT IT WAS IMPORTANT.

# 48 A:

IF NO ONE COMES TO ME, I'M NOT GOING TO GO LOOKING FOR SOMEBODY.

KEY QUOTE

# 49 Q:

YOU SAID THAT YOU NEVER GO LOOKING FOR ANYBODY. IS THAT WHAT YOU SAID?

# 50 MR. COCHRAN:

YOUR HONOR, MISSTATES THE EVIDENCE. OBJECTION.

# 51 THE COURT:

SUSTAINED.

# 52 Q:

BY MR. DARDEN: WELL, WHAT DID YOU SAY?

# 53 MR. COCHRAN:

WELL, ASKED AND ANSWERED.

# 54 THE COURT:

OVERRULED.

# 55 ROSA LOPEZ:

THAT I AM NOT GOING TO GO LOOKING FOR THE POLICE TO INFORM THEM.

# 56 Q:

BY MR. DARDEN: YOU ONLY HAD TO GO RIGHT OUTSIDE YOUR OWN FRONT DOOR, CORRECT?

# 57 A:

YES.

# 58 Q:

BUT YOU DID GO LOOKING FOR MICHELLE, DIDN'T YOU?

# 59 A:

I DIDN'T GO LOOK FOR MICHELLE, SIR.

# 60 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 61 MR. COCHRAN:

YOUR HONOR, I'VE NEVER SEEN THAT PHONE BILL BEFORE.

# 62 THE COURT:

IS THAT AN OBJECTION AT THIS POINT?

# 63 MR. COCHRAN:

OBJECTION. YES, SIR. I DON'T HAVE A COPY.

# 64 MR. DARDEN:

OKAY. WE SDT'D THE PHONE BILLS FROM GTE AND THEY TOLD US THEY WERE FAXING THEM TO THE COURT.

# 65 THE COURT:

ALL RIGHT. LET ME SEE COUNSEL AT SIDEBAR.

Temperature

tense

Key Quotes (4)

Rosa Lopez

NOT IMPORTANT. DANGEROUS MAYBE.

Lopez rejects Darden's premise that she had called the information important, distinguishing it as possibly dangerous instead.

Rosa Lopez

IF NO ONE COMES TO ME, I'M NOT GOING TO GO LOOKING FOR SOMEBODY.

Darden uses Lopez's acknowledgment that police were around Simpson's home, some uniformed and some not, to press why she did not approach an officer with her information.

Rosa Lopez

IF YOU SAY SO.

Lopez gives a noncommittal response to Darden's assertion that she had said the information was important.

Lance A. Ito

THE COURT ELECTS TO PROCEED IN LIGHT OF THE WHIZ BANG SYSTEM POWER SHORTAGE AND WE'LL JUST HAVE TO DO IT THE OLD FASHION WAY.

Ito responds pragmatically and dryly to a system power shortage, confirms that the camera still has power, and asks about other electronically generated exhibits.

Evidence (1)

Informal

GTE phone bill subpoenaed by the prosecution and allegedly faxed to the court

Cochran objected that he had not seen and did not have a copy of the bill; Darden said the bills had been subpoenaed and were being faxed to the court; Ito called counsel to sidebar.

Notable Exchanges (2)

Christopher Darden•Rosa Lopez

Darden establishes that police were around Simpson's home during the first week after the murders, with some in uniform and others not, then presses Lopez on why she never approached an officer about her information.

strategic

Johnnie Cochran•Lance A. Ito•Christopher Darden

Cochran objects to the GTE phone bill on discovery grounds, stating he has never seen it. Darden explains it was SDT'd and faxed to the court. Ito calls both counsel to sidebar.

procedural

Light Moments (1)

Lance A. Ito

Ito dryly announces that the proceeding will continue despite a system power shortage and that they will proceed the old-fashioned way.

Credibility Attacks (2)

⚔ Rosa Lopez

credibility challenge based on a disputed premise

Darden challenges Lopez over whether she considered her information important; she says she does not know, distinguishes it as possibly dangerous rather than important, and he uses the exchange to question her honesty.

⚔ Rosa Lopez

omission / failure to act

Darden establishes the large police presence outside the Simpson home and argues Lopez had every opportunity to come forward but chose not to, undermining her credibility as a cooperative and truthful witness.

Witness Demeanor

Defensive and deflecting throughout — gives minimal, sometimes combative one-line answers ('Why?', 'If you say so', 'I don't know')

Distinguishes between "important" and "dangerous" when Darden presses her about how she characterized the information

Objections

5 objections (2 sustained, 2 overruled)

Proceeding 5115 • 65 lines • Defense witness

Criminal Trial

Department 103