Cross-examination of Allan Park (part 1)

📄 Cross-examination of Allan Park (part 1) — Wednesday, March 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\29\CROSS-EXAMINATION-OF-ALLAN-PAR.DOC

TRIAL

▲ Day 47 of 167

◀ Pre-trial administrative matters Sidebar: evidence presentation ▶

Witness: Allan Park
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Wednesday, March 29, 1995 • Utterances: 107

Johnnie Cochran resumes cross-examination of limousine driver Allan Park, probing his certainty about seeing two cars in the Rockingham driveway and methodically establishing the details of luggage loaded into the limousine that night. Park admits uncertainty about the second car but is positive he saw the Bentley/Rolls Royce. The proceeding ends mid-session as Cochran moves to show Park physical bags.

# 1 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. LET THE RECORD REFLECT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD MORNING, LADIES AND GENTLEMEN.

# 2 THE JURY:

GOOD MORNING.

# 3 THE COURT:

MY APOLOGIES TO YOU FOR THE LATE STARTING TIME; HOWEVER, WE HAVE BEEN ENGAGED THIS MORNING, BOTH IN CHAMBERS AND HERE IN OPEN COURT, ON MATTERS THAT PERTAIN TO THE TESTIMONY THAT YOU ARE HEARING TODAY, AND I HAD TO RESOLVE THOSE MATTERS BEFORE PRESENTING THE WITNESS AGAIN TO YOU. MR. PARK, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

ALLAN PARK, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 4 THE COURT:

ALL RIGHT. GOOD MORNING, MR. PARK.

# 5 ALLAN PARK:

GOOD MORNING, YOUR HONOR.

# 6 THE COURT:

YOU ARE REMINDED YOU ARE STILL UNDER OATH, SIR. AND MR. COCHRAN, YOU MAY CONTINUE YOUR CROSS-EXAMINATION.

# 7 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 8

CROSS-EXAMINATION (RESUMED)

# 9

BY MR. COCHRAN:

# 10 Q:

GOOD MORNING, MR. PARK.

# 11 A:

GOOD MORNING, SIR.

# 12 MR. COCHRAN:

GOOD MORNING, LADIES AND GENTLEMEN.

# 13 THE JURY:

GOOD MORNING.

# 14 MR. COCHRAN:

EXCUSE ME JUST A MOMENT, YOUR HONOR.

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

# 16 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 17 Q:

NOW, MR. PARK, YOU HAD DESCRIBED FOR US I BELIEVE YESTERDAY HOW WHEN YOU PULLED TO THE ROCKINGHAM GATE YOU LOOKED INTO THE DRIVEWAY THERE AND ONE OF THE THINGS YOU WERE TRYING TO CONSIDER IS WHETHER OR NOT THE LIMOUSINE COULD BE PULLED IN THROUGH THE ROCKINGHAM GATE; ISN'T THAT CORRECT?

# 18 A:

YES.

# 19 Q:

AND YOU HAVE PREVIOUSLY TESTIFIED THAT YOU DID SEE TWO CARS IN THAT DRIVEWAY?

# 20 A:

YES.

# 21 Q:

AND ARE YOU SURE ABOUT THAT?

# 22 A:

I'M PRETTY SURE. NOT POSITIVE, BUT THAT IS WHAT I OBSERVED.

KEY QUOTE

# 23 Q:

ALL RIGHT. YOUR BELIEF IS YOU SAW TWO CARS THERE?

# 24 A:

YES.

# 25 Q:

CAN YOU DESCRIBE THOSE TWO CARS FOR US?

# 26 A:

THE ONE I KNOW WAS A ROLLS ROYCE. THAT IS SOMETHING THAT IS PRETTY OBVIOUS. THE OTHER ONE I WASN'T TOO SURE ABOUT; ANOTHER DARK CAR.

# 27 Q:

ALL RIGHT. AS YOU WERE FACING LOOKING IN THE ROCKINGHAM GATE, WHICH OF THE TWO CARS WOULD BE -- WOULD BE CLOSEST TO YOU, SIR?

# 28 A:

FROM WHAT I REMEMBER, THE ROLLS ROYCE.

# 29 Q:

ALL RIGHT. AND SO WOULD YOU ACCEPT THAT THAT MIGHT BE A BENTLEY AS OPPOSED TO A ROLLS ROYCE? SAME FAMILY?

# 30 A:

YES.

# 31 Q:

ALL RIGHT. IT WAS DARK IN COLOR; IS THAT CORRECT?

# 32 A:

YES.

# 33 Q:

ALL RIGHT. NOW, DID YOU HAVE OCCASION TO SEE SOME PHOTOGRAPHS OR SOMETHING AT OR ABOUT THE TIME THAT YOU TESTIFIED AT EITHER THE GRAND JURY OR THE PRELIMINARY HEARING WHERE YOU SAW TWO CARS IN THE DRIVEWAY AT SOME POINT?

# 34 A:

NOT THAT I REMEMBER.

# 35 Q:

ALL RIGHT. IF I WERE TO TELL YOU THAT THAT SECOND CAR DID NOT ARRIVE IN THAT DRIVEWAY UNTIL ABOUT ONE O'CLOCK P.M. -- ONE O'CLOCK A.M., WOULD THAT IN ANY WAY REFRESH YOUR RECOLLECTION THAT THERE WAS ONLY ONE CAR THERE WHEN YOU LOOKED IN THERE?

KEY QUOTE

# 36 A:

NO.

# 37 Q:

YOUR BEST RECOLLECTION AS YOU SIT HERE NOW IS THAT YOU SAW TWO CARS WITH THE BENTLEY OR ROLLS ROYCE PARKED FIRST; IS THAT CORRECT?

# 38 A:

FROM WHAT I REMEMBER, YES.

# 39 Q:

ALL RIGHT. AND THE SECOND CAR THEN, WHAT KIND OF CAR WAS THAT?

# 40 A:

I DON'T KNOW WHAT KIND OF CAR IT WAS. IT JUST SEEMED TO BE ANOTHER DARK CAR.

# 41 Q:

ALL RIGHT. DARK IN COLOR?

# 42 A:

YES.

# 43 Q:

AND YOU BELIEVE THAT THAT SECOND DARK-COLORED CAR WAS PARKED BEHIND THE BENTLEY?

# 44 A:

YES.

# 45 Q:

BUT AS I UNDERSTAND YOUR TESTIMONY AS YOU HAVE INDICATED, YOU ARE NOT SURE ABOUT THAT, ARE YOU?

# 46 A:

NO.

# 47 Q:

YOU JUST HAVE A RECOLLECTION OR IMPRESSION THAT YOU MAY HAVE SEEN TWO CARS?

# 48 A:

YES.

# 49 Q:

YOU ARE SURE, HOWEVER, THAT YOU DID SEE THE BENTLEY OR THE ROLLS ROYCE?

# 50 A:

YES.

# 51 Q:

IS THAT CORRECT?

# 52 A:

I AM POSITIVE OF THAT, YES.

KEY QUOTE

# 53 Q:

THAT YOU ARE POSITIVE OF?

# 54 A:

YES.

# 55 Q:

ALL RIGHT. THANK YOU. NOW, YOU YESTERDAY DESCRIBED FOR THE JURY SOME LUGGAGE THAT WAS PLACED IN THE BACK OF THE LIMOUSINE. YOU RECALL THAT?

# 56 A:

YES.

# 57 Q:

AND AS I UNDERSTAND YOUR TESTIMONY, YOU DESCRIBED FOR US A GOLF BAG THAT WAS ENCASED IN SOME KIND OF A SHEATH WITH SOME KIND OF EMBLEM THEREON; IS THAT CORRECT?

# 58 A:

YES.

# 59 Q:

IF YOU WERE TO SEE THAT GOLF BAG AND WITH THE EMBLEM THEREON, YOU WOULD RECOGNIZE THAT, WOULD YOU NOT? DO YOU THINK YOU COULD?

# 60 A:

YES.

# 61 Q:

ALL RIGHT. AND THEN YOU DESCRIBED FOR US A DESIGNER BAG THAT YOU HAD PREVIOUSLY CALLED GUCCI, BUT YESTERDAY YOU AND I HAD A CONVERSATION THAT IT MIGHT POSSIBLY BE LOUIS VITTON, RIGHT?

# 62 A:

YES.

# 63 Q:

YOU DESCRIBED IT AS BEING KIND OF BEIGE; IS THAT CORRECT?

# 64 A:

YES.

# 65 Q:

ALL RIGHT. YOU ALSO PREVIOUSLY DESCRIBED WHAT YOU CALL A BLACK DUFFEL BAG AND YOU GAVE US SOME MEASUREMENTS OF ABOUT THREE FEET BY MAYBE ONE AND A HALF FEET IN WIDTH; IS THAT CORRECT?

# 66 A:

YES.

# 67 Q:

ALL RIGHT. AND YOU THINK YOU MIGHT BE ABLE TO IDENTIFY THAT IF YOU SAW IT ALSO?

# 68 A:

I DON'T KNOW IF I CAN GIVE YOU A POSITIVE IDENTIFICATION, BUT I COULD SAY THAT IS WHAT IT LOOKS LIKE.

# 69 Q:

I UNDERSTAND THAT. NO, I UNDERSTAND THAT IT WAS NIGHT, THINGS WERE DARK, AND IT HAS BEEN A LONG TIME?

# 70 A:

YES.

# 71 Q:

YOU CAN TELL US WHETHER OR NOT IT LOOKED SIMILAR? IS THAT A FAIR STATEMENT?

# 72 A:

YES.

# 73 Q:

ALL RIGHT. NOW, WITH REGARD TO -- YOU TALKED ABOUT A SECOND BLACK DUFFEL BAG AS YOU DESCRIBED IT. WITH REGARD TO THAT, DO YOU RECALL WHETHER OR NOT -- THAT WAS BLACK IN COLOR, WAS IT NOT, THE SECOND BAG?

# 74 A:

IT WAS DARK IN COLOR.

# 75 Q:

YES. AND DO YOU RECALL WHETHER OR NOT YOU SAW ANY INITIALS OR ANYTHING ON THAT AT ALL?

# 76 A:

NO.

# 77 Q:

DO YOU RECALL? AND WAS IT FOLDED OVER AT THE TIME THAT YOU SAW IT IN SUCH A WAY THAT IT APPEARED THAT THERE WERE CLOTHES INSIDE OF IT IN SOME WAY?

# 78 A:

WELL, WHICH BAG --

# 79 Q:

THE SECOND BLACK DUFFEL BAG THAT YOU DESCRIBED FOR US YESTERDAY?

# 80 A:

WHICH, THE TWO THAT WERE TOGETHER?

# 81 Q:

YEAH, THE TWO THAT WERE ON THE GROUND. DID IT APPEAR -- WE WERE TALKING ABOUT ONE, NOW I'M TALKING ABOUT THE OTHER ONE.

# 82 A:

OKAY.

# 83 Q:

I'M ASKING YOU WHETHER OR NOT THE OTHER DUFFEL BAG, THE BLACK DUFFEL BAG, APPEARED TO LOOK AS THOUGH IT HAD SOME CLOTHES IN IT?

# 84 A:

I DON'T KNOW WHAT IT HAD IN IT.

# 85 Q:

ALL RIGHT. BUT DID IT LOOK -- AND LET ME ASK YOU THIS THEN: DID IT APPEAR AS THOUGH IT HAD SOMETHING INSIDE?

# 86 A:

YES.

# 87 Q:

ALL RIGHT. AND ONE OF THOSE BAGS WAS OPENED PARTIALLY OR UNZIPPED AND YOU DIDN'T LOOK INSIDE, THOUGH?

# 88 A:

NO, I DIDN'T.

# 89 Q:

BASED UPON YOUR EXPERIENCE AND COMMON SENSE, YOU FELT THAT IT HAD SOMETHING IN IT AT THAT POINT; IS THAT CORRECT?

# 90 A:

YES.

# 91 Q:

SO IT LOOKED FAIRLY FULL, DID IT?

# 92 A:

YES, IT DID.

# 93 Q:

OKAY. THEN YOU DESCRIBED FOR US YESTERDAY THIS OTHER BAG THAT WAS APPROXIMATELY TWENTY FEET AWAY FROM YOU ON THE DRIVEWAY. DO YOU REMEMBER THAT?

# 94 A:

YES.

# 95 Q:

CAN YOU AGAIN DESCRIBE THAT BY COLOR FOR US, IF YOU WOULD.

# 96 A:

AGAIN ANOTHER DARK BAG. I NEVER REALLY HANDLED THAT BAG OR GOT CLOSE TO IT, SO --

# 97 Q:

ALL RIGHT. AND AGAIN FROM THE STANDPOINT OF SIZE, CAN YOU HELP US WITH THE SIZE OF THAT BAG, SIR?

# 98 A:

IT WAS A BIT SMALLER THAN THE OTHER ONES. IT SEEMED TO BE A FOOT AND A HALF ACROSS AND HALF TO A FOOT DEEP.

# 99 Q:

ALL RIGHT. DO YOU RECALL WHETHER OR NOT IT HAD ANY HANDLES ON IT?

# 100 A:

NO.

# 101 Q:

ALL RIGHT. AND YOU NEVER GOT CLOSER THAN TWENTY FEET WITH REGARD TO THAT BAG; IS THAT CORRECT?

# 102 A:

CORRECT.

# 103 MR. COCHRAN:

ALL RIGHT. YOUR HONOR, I WOULD LIKE AT THIS POINT TO SHOW THE WITNESS A COUPLE BAGS.

# 104 MS. CLARK:

I WOULD LIKE TO APPROACH, YOUR HONOR.

# 105 THE COURT:

ALL RIGHT. THE TWO THAT THERE ARE NO OBJECTION TO, YOU MAY.

# 106 MS. CLARK:

WE WOULD LIKE TO APPROACH, YOUR HONOR.

# 107 THE COURT:

ALL RIGHT. WITH THE COURT REPORTER, PLEASE.

Temperature

procedural

Key Quotes (4)

Allan Park

I'M PRETTY SURE. NOT POSITIVE, BUT THAT IS WHAT I OBSERVED.

Park hedges on whether he saw two cars in the driveway — Cochran is working to undermine the certainty of his observations and potentially establish that a second car wasn't there when he initially arrived.

Allan Park

I AM POSITIVE OF THAT, YES.

Park is certain he saw the Bentley/Rolls Royce but uncertain about everything else — Cochran methodically separates what Park actually knows from what he thinks he saw.

Johnnie Cochran

IF I WERE TO TELL YOU THAT THAT SECOND CAR DID NOT ARRIVE IN THAT DRIVEWAY UNTIL ABOUT ONE O'CLOCK A.M., WOULD THAT IN ANY WAY REFRESH YOUR RECOLLECTION THAT THERE WAS ONLY ONE CAR THERE WHEN YOU LOOKED IN THERE?

Cochran attempts to plant the suggestion that the second car arrived later, potentially undermining Park's timeline observations — but Park refuses the premise and holds his ground.

Allan Park

I NEVER REALLY HANDLED THAT BAG OR GOT CLOSE TO IT, SO --

Park acknowledges the limits of his observations on the bag twenty feet away, which Cochran uses to chip away at the specificity of his luggage testimony.

Evidence (6)

Informal

Golf bag with emblem/sheath — loaded into limousine that night

discussed, pending physical display to witness

Informal

Designer bag described as Gucci/possibly Louis Vuitton, beige in color

discussed

Informal

Black duffel bag, approximately 3 feet by 1.5 feet, appeared full

discussed

Informal

Second dark duffel bag on ground, partially unzipped

discussed

Informal

Smaller dark bag approximately 20 feet away on driveway, never handled by Park

discussed

Informal

Physical bags — Cochran moves to show witness at end of session

introduced (pending)

Notable Exchanges (3)

Johnnie Cochran•Allan Park

Cochran tries three different angles to get Park to doubt his memory of the second car in the driveway — suggesting it might not have arrived until 1 AM, asking if he's 'sure,' and characterizing it as a 'recollection or impression.' Park holds that he's 'pretty sure' but not positive, giving Cochran partial success.

strategic

Johnnie Cochran•Allan Park

Extended questioning on the specific bags — colors, sizes, contents, whether bags were open or closed. Cochran is building a foundation for physical evidence comparison, likely to challenge what was or wasn't in Simpson's luggage.

methodical

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran moves to show Park physical bags; Clark asks to approach; Ito indicates some bags were pre-cleared and allows those to proceed.

procedural

Credibility Attacks (1)

⚔ Allan Park

memory uncertainty / refreshing recollection

Cochran systematically distinguishes what Park is certain about (the Bentley) from what he's only 'pretty sure' about (the second car), and attempts to introduce the possibility that the second car didn't arrive until 1 AM — which Park declines but the uncertainty is established for the jury.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5473 • 107 utterances • Prosecution witness

Criminal Trial

Department 103