Cross-examination of Sigelman

📄 Cross-examination of Sigelman — Tuesday, March 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\28\CROSS-EXAMINATION-OF-SIGELMAN.DOC

TRIAL

▲ Day 46 of 167

◀ Cross-examination of Allan Park (part 2) Jury instruction: afternoon recess ▶

Witness: Mr. Sigelman
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Tuesday, March 28, 1995 • Utterances: 79

Johnnie Cochran cross-examines Sigelman, a driver who transported OJ Simpson to LAX on the night of the murders. Sigelman confirms he last saw Simpson around 11:38-11:39 PM at curbside check-in for American Airlines, saw no blood in the car or on Simpson, and nothing unusual about his behavior. Cochran concludes by reading Sigelman's prior consistent testimony from the preliminary hearing to lock in the defense-friendly account.

# 1 Q:

HE ALSO TOOK THE TIME TO ASK YOU OR TELL YOU TO ADD 20 PERCENT TO THE BILL?

# 2 A:

YES.

# 3 Q:

DID YOU DO THAT?

# 4 A:

I -- I TOLD DALE THAT THAT'S WHAT HE SAID, AND HE SAID, "OKAY, NO PROBLEM."

# 5 Q:

ALL RIGHT.

# 6 A:

ACTUALLY I TOLD DALE 50 PERCENT, BUT --

KEY QUOTE

# 7 Q:

DID YOU GO OUT AND -- KIDDING I'M SURE.

# 8 A:

YES.

# 9 Q:

AT ANY RATE, BUT YOU DID IN FACT FOLLOW THROUGH WITH WHAT MR. SIMPSON HAD SAID ABOUT YOUR SERVICES THERE?

# 10 A:

YES.

# 11 Q:

AND YOU TOOK THAT THAT YOU HAD DONE A GOOD JOB IN GETTING HIM THERE TO THE AIRPORT; IS THAT CORRECT?

# 12 A:

YES. I MEAN HE MADE IT.

# 13 Q:

HUH?

# 14 A:

HE MADE IT.

# 15 Q:

HE DID MAKE IT?

# 16 A:

YEAH.

# 17 Q:

AND SO THEN YOU -- HOW LONG DID YOU -- FROM THE TIME YOU GOT THERE AT 11:35, HOW LONG DID YOU REMAIN WITH MR. SIMPSON AT THAT POINT?

# 18 A:

NOT VERY LONG AT ALL.

# 19 Q:

IN MINUTES, YOUR BEST ESTIMATE?

# 20 A:

THREE, FOUR MINUTES.

# 21 Q:

SO WOULD IT BE A FAIR STATEMENT TO SAY THAT YOU LAST SAW MR. SIMPSON SOMEWHERE 11:38, 11:39 THAT PARTICULAR NIGHT. WOULD THAT BE A FAIR STATEMENT?

# 22 A:

YES.

# 23 Q:

ALL RIGHT. AND YOU STILL BELIEVE THAT HIS FLIGHT WOULD BE LEAVING ABOUT 11:45; IS THAT CORRECT?

# 24 A:

YEAH. THAT'S CORRECT.

# 25 Q:

AND IN THE SEQUENCE OF EVENTS, WHEN DID THIS PERSON APPROACH HIM TO GET THE AUTOGRAPH? I MEAN WAS IT AFTER -- AFTER YOU WENT AND GOT THE CART OR AT WHAT POINT WAS THAT?

# 26 A:

UH, I CAN'T REMEMBER IF IT WAS RIGHT WHEN WE GOT OUT OF THE CAR TO START WITH THE BAGS OR IF IT WAS WHEN WE STARTED TO WALK UP TO THE -- TO THE SKYCAP. I JUST REMEMBER THE SCENARIO HAPPENING.

# 27 Q:

ALL RIGHT. AND YOU AND MR. SIMPSON PARTICIPATED IN PUTTING THE LUGGAGE ON THIS PARTICULAR CART; IS THAT CORRECT?

# 28 A:

YES.

# 29 Q:

AND THEN THE CART WAS THEN TAKEN INSIDE THE TERMINAL THERE FOR AMERICAN AIRLINES?

# 30 A:

NO. THE CART, I PUSHED OVER, AND THE SKYCAP HAD THE BIGGED -- THE BIGGER LUGGAGE CART WHICH I PUT THE GOLF BAGS AND THE DESIGNER BAG ONTO.

# 31 Q:

ALL RIGHT.

# 32 A:

AND THAT WAS ABOUT WHEN I LEFT.

# 33 Q:

WAS THAT OUTSIDE ON THAT WALKWAY IN FRONT OF TERMINAL 4?

# 34 A:

YES, IT WAS.

# 35 Q:

IT'S KIND OF LIKE CURBSIDE CHECK-IN?

# 36 A:

YES.

# 37 Q:

AND THIS BIG -- THIS BIG KIND OF DOLLY OR WHATEVER WOULD BE USED TO GO ON THE CONVEYOR BELT TO GET ON THE PLANE; IS THAT CORRECT?

# 38 A:

YES.

# 39 Q:

AND WAS THERE SOME MENTION OF THE FACT THAT THIS HAD TO BE EXPEDITED AT THIS POINT?

# 40 A:

NOT THAT I KNOW, NO.

# 41 Q:

ALL RIGHT. AT ANY RATE, YOU WERE ASKED A QUESTION WITH REGARD TO MR. SIMPSON'S TIP, NOT FOR YOU, BUT FOR THE SKYCAP. AND DO YOU RECALL THAT AT SOME POINT, MR. SIMPSON REACHED INTO HIS POCKET AND TOOK SOME CHANGE OUT?

# 42 A:

YES.

# 43 Q:

AND NOW, WHERE WERE YOU AT THAT POINT?

# 44 A:

THAT WAS RIGHT WHEN I WAS DONE PUTTING THE GOLF CLUBS AND THE DESIGNER BAG ON THE BIGGER CART AND THAT'S WHEN I TURNED AROUND. HE WAS GETTING SOME MONEY OUT OF HIS POCKET, AND THAT'S WHEN I SAID, "SEE YOU LATER."

# 45 Q:

OKAY. AND THAT WAS -- AT THAT POINT, YOU WERE STILL OUT THERE ON THAT WALKWAY IN FRONT OF AMERICAN AIRLINES OR TERMINAL 4?

# 46 A:

YES.

# 47 Q:

AND YOU SAW HIM AT THAT POINT REACH INTO HIS POCKET, BUT YOU DIDN'T SEE WHETHER HE HANDED -- WHAT HE HANDED THE SKYCAP?

# 48 A:

NO.

# 49 Q:

ALL RIGHT. SO THAT'S THE LAST TIME YOU SAW HIM THEN?

# 50 A:

YES.

# 51 Q:

YOU THEN GOT BACK INTO YOUR VEHICLE AND TOOK OFF; IS THAT CORRECT?

# 52 A:

CORRECT.

# 53 Q:

THERE WAS NO -- ALL THE LUGGAGE HAD BEEN TAKEN OUT OF THE CAR; IS THAT CORRECT?

# 54 A:

YES.

# 55 Q:

NO BLOOD IN THE BACK OF THAT CAR, WAS THERE?

KEY QUOTE

# 56 A:

NO.

# 57 Q:

NO BLOOD ON THE CARPET OF THAT CAR, WAS THERE?

# 58 A:

NO.

# 59 Q:

YOU DIDN'T SEE HIM BLEEDING THAT NIGHT, DID YOU?

# 60 A:

NO.

# 61 Q:

AND THERE'S NOTHING ABOUT MR. SIMPSON THAT SEEMED UNUSUAL TO YOU THAT NIGHT; ISN'T THAT CORRECT?

# 62 MS. CLARK:

OBJECTION. THAT CALLS FOR SPECULATION.

# 63 MR. SIGELMAN:

LIKE --

# 64 THE COURT:

OVERRULED. OVERRULED.

# 65 MR. SIGELMAN:

LIKE I SAID, I'VE NEVER MET HIM. SO I DON'T KNOW HIS NORMAL BEHAVIOR.

# 66 Q:

BY MR. COCHRAN: ALL RIGHT. DO YOU RECALL BEING ASKED THAT QUESTION BY MISS CLARK AT THE PRELIMINARY HEARING, PAGE 41 --

# 67 MS. CLARK:

BAD QUESTION.

# 68 MR. COCHRAN:

BAD -- YOU STIPULATE IT'S A BAD QUESTION?

# 69 MS. CLARK:

I'LL STIPULATE.

# 70 MR. COCHRAN:

ALL RIGHT. GOOD. I STILL WANT TO ASK -- I STILL WANT TO ASK IT. PAGE 41, LINE 23 AND 24.

# 71 Q:

BY MR. COCHRAN: DO YOU RECALL BEING ASKED THIS QUESTION -- OKAY. I'M SORRY.

# 72 MS. CLARK:

41?

# 73 MR. COCHRAN:

YEAH, 41, PRELIMINARY HEARING, LINE -- LINE 23, 24.

# 74 (BRIEF PAUSE.)

# 75 MS. CLARK:

COUNSEL, WOULD YOU READ THROUGH LINE 22, PLEASE?

# 76 MR. COCHRAN:

SURE.

# 77 Q:

BY MR. COCHRAN: LET ME START THEN, YOUR HONOR -- LET ME BEGIN AT LINE 18 DOWN TO -- LET ME GO THROUGH 26, ALL RIGHT? "QUESTION: CAN YOU DESCRIBE THE DEFENDANT'S BEHAVIOR THAT NIGHT WHEN YOU SAW HIM AT THE POINT THAT YOU WERE PACKING UP THE CAR WITH HIM AND GETTING READY TO LEAVE? "ANSWER: WELL, I'VE NEVER MET HIM BEFORE, SO EVERYTHING SEEMED OKAY TO ME. "QUESTION BY MISS CLARK: NOTHING SEEMED UNUSUAL TO YOU? "ANSWER: NO. "QUESTION: DID YOU NOTICE ANY INJURIES TO HIS HANDS? "ANSWER: NO, I DIDN'T." DO YOU RECALL SO TESTIFYING?

# 78 A:

YES.

# 79 MR. COCHRAN:

YOUR HONOR, THIS MIGHT BE A GOOD POINT IF THE COURT WOULD ALLOW.

Temperature

procedural

Key Quotes (4)

Sigelman

NO BLOOD IN THE BACK OF THAT CAR, WAS THERE? / NO.

Defense establishing Simpson showed no signs of injury or violence immediately after the murders — no blood, no wounds visible to the driver who was with him.

Sigelman

WELL, I'VE NEVER MET HIM BEFORE, SO EVERYTHING SEEMED OKAY TO ME.

Prior consistent statement from preliminary hearing confirming nothing about Simpson's demeanor or appearance raised concern.

Sigelman

ACTUALLY I TOLD DALE 50 PERCENT, BUT --

Unguarded moment of humor from the witness mid-testimony about inflating the tip percentage he reported.

Marcia Clark

BAD QUESTION.

Rare moment of Clark conceding a question was improper — Cochran playfully extracts a stipulation before rephrasing.

Evidence (1)

Informal

Preliminary hearing transcript, page 41, lines 18-26 — Sigelman's prior testimony about Simpson's behavior and whether he noticed injuries to his hands

read into record to establish prior consistent statement

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Clark calls Cochran's question 'bad' and Cochran immediately asks if she'll stipulate to that — she does — then he announces he's asking it anyway and reads the preliminary hearing version instead.

light, strategic

Cochran•Sigelman

Rapid-fire confirmation that there was no blood in the car, no blood on the carpet, Simpson wasn't bleeding, and nothing seemed unusual — three consecutive leading questions answered 'no.'

strategic

Light Moments (2)

Sigelman

Sigelman admits he told his colleague Dale he'd add 50% to the bill (not the 20% Simpson suggested), then immediately walks it back: 'BUT --'

Johnnie Cochran

Cochran quips 'KIDDING I'M SURE' after the 50% admission; Sigelman confirms 'YES'

Credibility Attacks (1)

⚔ Sigelman

prior consistent statement

Cochran uses Sigelman's preliminary hearing testimony (page 41, lines 18-26) not to impeach but to lock in his favorable account — Simpson showed no injuries, nothing unusual — making it harder for the prosecution to undermine on redirect.

Witness Demeanor

(BRIEF PAUSE.) — during review of preliminary hearing transcript page

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5460 • 79 utterances • Prosecution witness

Criminal Trial

Department 103