Marcia Clark conducts redirect examination of limousine driver Allan Park, reinforcing his testimony that no white Ford Bronco was parked outside OJ Simpson's Rockingham gate when he arrived around 10:39 PM on June 12, 1994. Clark reads extensively from Park's consistent prior statements at the grand jury and preliminary hearing to establish he would have seen the Bronco had it been there. She also highlights a small dark bag that OJ picked up from the driveway and was never seen again, and notes that the garment bag and duffel bags loaded that night now contain no contents.
# 1 THE COURT: MISS CLARK.
# 2 MS. CLARK: YOUR HONOR.
# 5 Q: GOOD MORNING, MR. PARK.
# 7 MS. CLARK: GOOD MORNING.
# 8 THE JURY: GOOD MORNING.
# 9 Q: BY MS. CLARK: LET ME FIRST ASK YOU, WHEN YOU WERE AT THE DEFENDANT'S HOME ON THE NIGHT OF JUNE THE 12TH, WERE YOU IN A HURRY?
# 10 A: UMM, I WAS -- IT DEPENDS ON WHAT POINT IN TIME.
# 11 Q: WELL, WHEN YOU -- WHEN YOU FINALLY SAW -- LET ME ASK YOU. THAT IS GOOD -- THANK YOU. BY THE TIME THE DEFENDANT CAME DOWNSTAIRS TO THE LIMOUSINE WERE YOU IN A HURRY?
# 13 Q: AND DID HE APPEAR TO BE IN A HURRY?
# 15 Q: WERE YOU SPENDING TIME TRYING TO STUDY THE DEFENDANT, HIS HAND AND HIS BODY, WHEN HE CAME DOWNSTAIRS?
# 17 MR. COCHRAN: OBJECT TO THAT, YOUR HONOR. IT IS LEADING AND SUGGESTIVE, YOUR HONOR.
# 18 THE COURT: REPHRASE THE QUESTION.
# 19 Q: BY MS. CLARK: HOW CAREFULLY WERE YOU TRYING TO OBSERVE THE DEFENDANT'S BODY AND HANDS WHEN HE CAME DOWNSTAIRS FINALLY TO THE LIMOUSINE?
# 21 Q: DID YOU PAY ANY ATTENTION TO HIS HAND AT ALL?
# 23 Q: SHAKE HIS HAND OR HAVE ANY PHYSICAL CONTACT WITH HIM, WITH HIS BODY OR HIS PERSON?
# 24 A: SHOOK HIS HAND, YES.
# 25 Q: AND WHICH HAND DID YOU SHAKE?
# 27 Q: EVER TOUCH THE LEFT HAND?
# 29 Q: YOU TOLD US, I THINK, THAT HE WAS CARRYING A BLACK OVERCOAT?
# 31 MR. COCHRAN: OBJECT. MISSTATES.
# 32 THE COURT: OVERRULED.
# 33 Q: BY MS. CLARK: DO YOU RECALL WHETHER HE HAD THAT OVERCOAT DRAPED OVER HIS LEFT ARM?
# 34 A: WHAT I SAID, I DON'T REMEMBER IF HE HAD IT ON OR IF HE WAS CARRYING IT.
# 35 Q: OKAY. AND IF HE WAS CARRYING IT, DO YOU RECALL WHICH ARM, WHETHER IT WOULD HAVE BEEN THE RIGHT OR THE LEFT ARM, THAT HE HAD IT OVER?
# 36 MR. COCHRAN: YOUR HONOR -- THIS CALLS FOR SPECULATION, YOUR HONOR.
# 37 THE COURT: SUSTAINED.
# 38 MR. COCHRAN: THANK YOU.
# 39 Q: BY MS. CLARK: WHEN YOU WERE AT THE -- OKAY. YOU INDICATED, I THINK EARLIER, THAT YOU WERE ON ASHFORD TWICE IN TWO DIFFERENT POSITIONS THAT NIGHT, CORRECT?
# 41 Q: WHEN YOU WERE PARKED ON ASHFORD --
# 42 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 43 Q: BY MS. CLARK: OKAY. I'M SHOWING YOU PEOPLE'S 63, SIR. I BELIEVE YOU INDICATED THAT THE FIRST TIME YOU PARKED ON ASHFORD YOU SAID YOU PARKED IN THAT LOCATION WHERE YOU SEE THAT BLACK JEEP IN THE PHOTOGRAPH?
# 45 Q: AND THAT YOU SAT BEHIND THE LIMO ON THE CURB?
# 47 Q: WERE YOU ABLE TO SEE THE ROCKINGHAM GATE FROM YOUR POSITION BEHIND THE LIMOUSINE ON THE CURB?
# 49 Q: WERE YOU ABLE TO -- AND THEN LATER ON I THINK YOU INDICATED THAT YOU PARKED FACING IN TOWARDS THE ASHFORD. DO YOU RECALL THAT?
# 51 Q: WERE YOU ABLE TO SEE THE ROCKINGHAM GATE FROM YOUR POSITION FACING THE ASHFORD GATE?
# 53 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 54 Q: BY MS. CLARK: OKAY. PEOPLE'S 64, THAT IS THE ASHFORD GATE. DO YOU RECALL THAT?
# 56 Q: AND WHILE YOU WERE SEATED IN THAT LIMOUSINE AFTER YOU HAD POINTED IT IN TOWARDS THE ASHFORD GATE, DID YOU HAVE THE RADIO ON AT ANY POINT?
# 57 A: I THINK IT WAS ON, BUT I DON'T KNOW HOW LOUD IT WAS. IT WAS DOWN VERY LOW.
# 58 Q: OKAY. WHAT WAS YOUR ATTENTION DIRECTED TOWARDS WHEN YOU WERE SEATED THERE IN THE LIMOUSINE FACING INTO THE ASHFORD GATE?
# 60 Q: WHAT WAS THE FOCUS OF YOUR ATTENTION AT THAT TIME?
# 61 A: MY FOCUS? I WAS MORE OR LESS JUST LOOKING AT THE HOUSE, SEEING IF THERE WAS ANY LIGHTS ON.
# 63 A: STUFF LIKE THAT. I MEAN, WHEN I RANG THE BUZZER NOBODY WAS THERE, SO --
# 64 Q: WERE YOU PAYING ATTENTION TO THE TRAFFIC ON THE STREET, EITHER ON ASHFORD OR ON ROCKINGHAM?
# 66 Q: WAS THAT IMPORTANT TO YOU?
# 68 Q: WAS IT IMPORTANT TO YOU AT THAT TIME TO DETERMINE WHICH CARS MAY HAVE STOPPED OR NOT?
# 70 Q: OR WHICH MAY HAVE PARKED ON ROCKINGHAM OR NOT?
# 72 Q: DO YOU EVEN KNOW IF YOU COULD HAVE HEARD A CAR PULL UP ON ROCKINGHAM FROM YOUR POSITION AT THE ASHFORD GATE?
# 73 MR. COCHRAN: CALLS FOR SPECULATION.
# 74 THE COURT: OVERRULED.
# 76 Q: BY MS. CLARK: WOULD IT HAVE BEEN SIGNIFICANT TO YOU, IF YOU HAD?
# 79 Q: BY MS. CLARK: NOW, WHEN YOU -- WHEN YOU FIRST PULLED UP -- WHEN YOU FIRST PULLED UP ROCKINGHAM AT ABOUT 10:22, YOU INDICATED EARLIER YOU WERE LOOKING FOR ADDRESSES ON THE CURB SO YOU COULD FIND THE DEFENDANT'S HOUSE; IS THAT RIGHT? DO YOU RECALL THAT?
# 80 MR. COCHRAN: I'M GOING TO OBJECT TO THIS NARRATIVE QUESTION, YOUR HONOR. IT IS NOT A QUESTION; IT IS A STATEMENT. I OBJECT TO THE FORM.
# 81 THE COURT: OVERRULED.
# 82 ALLAN PARK: YES, I WAS.
# 83 Q: BY MS. CLARK: OKAY. ARE YOU SURE THAT YOU WERE DOING THAT, SIR?
# 84 A: LOOKING FOR THE ADDRESS?
# 87 Q: NO DOUBT IN YOUR HIND ABOUT THAT?
# 88 MR. COCHRAN: YOUR HONOR -- THAT IS ASKED AND ANSWERED, YOUR HONOR.
# 89 THE COURT: OVERRULED.
# 90 ALLAN PARK: NO DOUBT.
# 91 Q: BY MS. CLARK: AND WHEN YOU INDICATED TO US THAT YOU SAW THE ADDRESS OF 360 ON THE CURB OF ROCKINGHAM, ARE YOU SURE ABOUT THAT?
# 92 MR. COCHRAN: THIS IS ASKED AND ANSWERED, YOUR HONOR.
# 93 THE COURT: OVERRULED.
# 95 Q: BY MS. CLARK: DO YOU HAVE ANY DOUBT ABOUT THAT?
# 97 MR. COCHRAN: ASKED AND ANSWERED.
# 98 THE COURT: OVERRULED.
# 99 Q: BY MS. CLARK: AND WHEN YOU WERE LOOKING AT THE CURB AND YOU SAW THIS ADDRESS, YOU INDICATED EARLIER THAT YOU DID NOT SEE A WHITE FORD BRONCO. DO YOU RECALL SAYING THAT?
# 100 MR. COCHRAN: OBJECT. THIS IS LEADING AND SUGGESTIVE, YOUR HONOR, THE FORM OF THIS QUESTION.
# 101 THE COURT: I ASSUME THIS IS FOUNDATIONAL TO SOMETHING ELSE.
# 102 MS. CLARK: YES, IT IS.
# 103 MR. COCHRAN: IT IS LEADING STILL, YOUR HONOR.
# 104 THE COURT: OVERRULED.
# 106 Q: BY MS. CLARK: AND ARE YOU SURE ABOUT THAT?
# 107 MR. COCHRAN: OBJECT. LEADING AND SUGGESTIVE, YOUR HONOR.
# 108 THE COURT: OVERRULED. YOU CAN ANSWER THE QUESTION.
# 109 ALLAN PARK: I WASN'T LOOKING FOR IT. I DIDN'T SEE IT.
# 110 Q: BY MS. CLARK: ARE YOU SURE YOU DIDN'T SEE IT?
# 111 MR. COCHRAN: JUST A MOMENT, YOUR HONOR. ASKED AND ANSWERED.
# 112 THE COURT: OVERRULED. YOU CAN ANSWER THE QUESTION.
# 113 ALLAN PARK: I WOULDN'T SAY I'M POSITIVE. I WASN'T LOOKING FOR A CAR. I WAS LOOKING FOR AN ADDRESS.
KEY QUOTE # 114 Q: BY MS. CLARK: OKAY. WHEN YOU LOOKED AT THE ADDRESS ON THE CURB --
# 115 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 116 MS. CLARK: PEOPLE'S 62-A.
# 117 Q: DO YOU RECALL DRIVING BY THAT LOCATION, SIR?
# 119 Q: AND THE ADDRESS INDICATED ON THE CURB, THAT IS WHERE YOU SAW IT THAT NIGHT AT ABOUT 10:22?
# 121 Q: AND WHEN YOU WERE LOOKING IN THAT LOCATION DID YOU SEE A WHITE FORD BRONCO?
# 122 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION. ASKED AND ANSWERED, IMPROPER REDIRECT EXAMINATION.
# 123 THE COURT: OVERRULED. OVERRULED.
# 124 ALLAN PARK: NO, I DIDN'T.
# 125 Q: BY MS. CLARK: AND WHEN YOU PULLED BACK DOWN TO THE ROCKINGHAM GATE AT 10:39, YOU RECALL YOUR TESTIMONY AT THAT POINT, YOU PULLED SO THAT THE SIDE -- THE DRIVER'S SIDE WINDOW WAS PARALLEL WITH THE DRIVEWAY. DO YOU RECALL TESTIFYING TO THAT, SIR?
# 127 Q: HOW CLOSE DID YOU PULL TO THE DRIVEWAY AT THAT POINT AT 10:39?
# 129 Q: WITHIN TEN FEET OF THE DRIVEWAY?
# 130 A: I WAS IN THE MIDDLE OF THE STREET, YES.
# 131 Q: SO YOU WERE NOT OVER ON THE RIGHT-HAND SIDE WHERE YOUR LANE OF TRAFFIC WOULD NEARLY BE? YOU WERE FARTHER OVER TO THE LEFT?
# 132 MR. COCHRAN: OBJECT TO THE FORM. IT IS LEADING AND SUGGESTIVE, YOUR HONOR.
# 133 THE COURT: ASK HIM TO DESCRIBE WHERE HE WAS.
# 135 Q: IN TERMS OF THE LANES OF TRAFFIC, IF YOU ARE DRIVING SOUTHBOUND ON ROCKINGHAM, YOUR LANE OF TRAFFIC WOULD BE TO WHAT SIDE OF THE STREET, SIR?
# 136 A: IT WOULD BE ON THE RIGHT.
# 137 Q: AND WERE YOU ALL THE WAY OVER ON THE RIGHT?
# 140 A: TOWARD THE MIDDLE OF THE STREET.
# 141 Q: DID YOU HAVE TO VEER AROUND ANY WHITE FORD BRONCO PARKED AT THE CURB?
# 142 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE FORM OF THAT QUESTION.
# 143 THE COURT: SUSTAIN. REPHRASE THE QUESTION.
# 144 MR. COCHRAN: MAY WE APPROACH?
# 145 THE COURT: I HAVE SUSTAINED THE OBJECTION.
# 146 MR. COCHRAN: YES. THANK YOU, YOUR HONOR.
# 147 THE COURT: ALL RIGHT.
# 148 Q: BY MS. CLARK: WHEN YOU PULLED UP TO THE ROCKINGHAM DRIVEWAY, SIR, AND YOU LOOKED INTO THE GATE, WHEN YOU PULLED UP TO THAT LOCATION, WAS THE LOCATION IN WHICH YOU SEE THE WHITE FORD BRONCO ON THIS PHOTOGRAPH, WAS THAT AREA IN YOUR FIELD OF VIEW?
# 149 A: YES, IT WOULD HAVE BEEN.
# 150 Q: AND DID YOU SEE THE WHITE FORD BRONCO?
# 151 MR. COCHRAN: ASKED AND ANSWERED, YOUR HONOR.
# 152 ALLAN PARK: NO, I DIDN'T.
# 153 THE COURT: OVERRULED.
# 154 Q: BY MS. CLARK: DID YOU TELL THAT TO THE POLICE WHEN YOU SPOKE TO THEM SHORTLY AFTER THE MURDERS OCCURRED?
# 156 Q: AND DID YOU TELL THAT TO THE GRAND JURY IN YOUR TESTIMONY AS WELL?
# 158 MR. COCHRAN: I OBJECT, YOUR HONOR. THAT MISSTATES THE EVIDENCE.
# 159 THE COURT: OVERRULED.
# 160 Q: BY MS. CLARK: WHEN YOU TESTIFIED BEFORE THE GRAND JURY DID YOU TELL THEM THAT WHEN YOU PULLED DOWN TO THE ROCKINGHAM GATE TO SEE IF YOU COULD PULL INTO THAT DRIVEWAY THAT YOU DID NOT SEE THE WHITE FORD BRONCO PARKED AT THE CURB?
# 161 MR. COCHRAN: YOUR HONOR, I OBJECT TO THE FORM OF THAT QUESTION. THE BEST EVIDENCE IS WHAT HE SAID AT THE GRAND JURY, NOT JUST PARAPHRASED.
# 163 THE COURT: SUSTAINED.
# 165 MS. CLARK: DIRECTING COUNSEL'S ATTENTION TO PAGE 252 OF THE GRAND JURY TRANSCRIPT.
# 166 MR. COCHRAN: WHAT LINE?
# 167 MS. CLARK: LINE 12 -- WELL, LINE 10. LET'S START WITH LINE 10. READY?
# 168 MR. COCHRAN: YES. I WOULD ASK YOU TO READ ALL THE WAY DOWN TO -- HOW FAR ARE YOU GOING TO READ DOWN?
# 169 MS. CLARK: I'M GOING TO READ ALL THE WAY DOWN.
# 170 MR. COCHRAN: RIGHT.
# 171 MS. CLARK: I WILL READ OVER TO PAGE 253.
# 172 THE COURT: ALL RIGHT. PROCEED.
# 173 MS. CLARK: "QUESTION:" -- DO YOU RECALL THE FOLLOWING QUESTIONS AND ANSWERS BEFORE THE GRAND JURY BACK IN JUNE, 1994, SIR? QUESTION BY MYSELF. "AT WHAT POINT DID YOU GET BACK IN YOUR CAR, IF YOU DID? "ANSWER: I GOT BACK IN AT ABOUT 10:30 AND SAT THERE AND WAITED UNTIL ABOUT 10:40 AND THEN I PULLED UP TO THE FRONT GATE ON ASHFORD. "QUESTION: DID YOU GET BACK IN YOUR CAR AND DRIVE AROUND AT ANY POINT? "ANSWER: BEFORE -- BEFORE I PULLED INTO THE GATE ON ASHFORD I CAME OUT ONTO ROCKINGHAM. "QUESTION: HOW FAR DOWN ROCKINGHAM DID YOU COME? "ANSWER: I CAME ALL THE WAY DOWN TO THE GATE OF ROCKINGHAM.
"QUESTION: DID YOU NOTICE ANY CAR PARKED IN FRONT? "ANSWER: NO, I DID NOT. "QUESTION: THERE WASN'T ANY CAR THERE? "ANSWER: NO. "QUESTION: YOU WERE LOOKING THERE AND YOU WOULD HAVE SEEN IT? "ANSWER: YEAH, I WOULD HAVE SAW IT IF IT WAS THERE. "QUESTION: WHAT TIME WAS THAT? "ANSWER: THAT WAS JUST BEFORE 10:40. "QUESTION: ABOUT 10:35 OR SO? "YEAH. I THEN NOTICED THAT IT WOULD BE A LOT EASIER IF I JUST BACKED UP AND CAME BACK TO THE OTHER DRIVEWAY BECAUSE IT DIDN'T LOOK LIKE I WOULD BE ABLE TO MAKE THE TURN IN THE LIMOUSINE, SO I DROVE BACK TO THE OTHER GATE. "QUESTION: WHEN YOU SAY THE OTHER GATE, YOU MEAN THE ASHFORD GATE. "ANSWER: YES. "QUESTION: WHERE DID YOU PARK THAT TIME? "ANSWER: I PARKED FACE FIRST INTO THE DRIVEWAY LOOKING TOWARD THE FRONT OF THE HOUSE. "YOU PARKED RIGHT UP IN THE DRIVEWAY AREA JUST IN FRONT OF THE GATE? "ANSWER: YES, I DID. "QUESTION: AND YOU WERE FACING IN? "ANSWER: YES. "QUESTION: WHAT TIME WAS IT THEN? "ANSWER: 10:40."
# 174 Q: DO YOU RECALL GIVING THOSE ANSWERS TO THE QUESTIONS THAT I HAVE JUST READ TO YOU, SIR?
# 176 MS. CLARK: AND DIRECTING COUNSEL'S ATTENTION TO THE PRELIMINARY HEARING TRANSCRIPT, PAGES 15 AND 16.
# 177 MR. COCHRAN: WHAT LINE?
# 178 MS. CLARK: I WILL START WITH 12. WELL, ACTUALLY NO, LET ME BACK UP, COUNSEL. I'M GOING TO START AT -- I SHOULD START ON PAGE 14. I WILL START AT LINE 2, PAGE 14. OKAY.
# 179 MR. COCHRAN: I'M SORRY?
# 180 THE COURT: 14, LINE 2.
# 181 MS. CLARK: PAGE 14, LINE 2.
# 182 MR. COCHRAN: LINE 2. OKAY.
# 183 THE COURT: PROCEED.
# 184 MS. CLARK: READY? OKAY.
# 185 Q: I'M GOING TO ASK YOU IF THE QUESTIONS I'M ABOUT TO READ TO YOU AND THE ANSWERS ARE THOSE YOU RECALL BEING POSED TO YOU AND GIVEN BY YOU AT THE PRELIMINARY HEARING IN I BELIEVE IT WAS JULY OF 1994. OKAY. "QUESTION: SO WAS IT ABOUT 10:39 WHEN YOU PULLED DOWN TO THE ROCKINGHAM GATE? "ANSWER: YES, I WOULD SAY THAT. "QUESTION: WHEN YOU PULLED DOWN TO THE ROCKINGHAM GATE, YOU SAY YOU LOOKED DOWN THE DRIVEWAY? "ANSWER: YES. "QUESTION: WOULD THAT MEAN, SIR, THAT YOUR DRIVER'S SIDE WINDOW WAS PARALLEL TO THE DRIVEWAY? "ANSWER: YES, IT WAS. "QUESTION: AND SO YOU WERE RIGHT NEXT TO THIS AREA HERE THAT I AM INDICATING WITH MY PEN, WHICH IS JUST ABOVE THE LINE THAT SEEMS TO INDICATE THE EDGE OF THE DRIVEWAY UPPERMOST ON THE ROCKINGHAM GATE?"
# 186 MR. COCHRAN: ROCKINGHAM SIDE.
# 187 MS. CLARK: ROCKINGHAM SIDE, THANK YOU. "ANSWER: YES. "NOW, WHY WERE YOU LOOKING THAT UP DRIVEWAY? FOR WHAT PURPOSE? "ANSWER: TO DRIVE INTO IT. "QUESTION: AND WHY DID IT SEEM INACCESSIBLE TO YOU? "ANSWER: IT JUST SEEMED TOO NARROW, THE TWO WALLS HERE AND JUST THE WAY THE CARS WERE AND THE WAY THE DRIVEWAY BENT THIS WAY, IT DIDN'T LOOK AS EASY AS THE OTHER SIDE AS COMING IN STRAIGHT AHEAD AND THEN MAKING THE TURN. "QUESTION: SO IT LOOKED A LITTLE BIT TOO TIGHT TO GET UP TO THE FRONT DOOR FROM THAT GATE? "ANSWER: YES. "SO YOU WERE LOOKING CAREFULLY THROUGH THAT WINDOW TO ASSESS WHETHER OR NOT YOU COULD MAKE THE TURN? "ANSWER: YEAH. "QUESTION: DID YOU NOTICE ANY WHITE FORD BRONCO PARKED ON THE ROCKINGHAM SIDE NEAR THE GATE? "ANSWER: NO, I DIDN'T. "QUESTION: WOULD YOU HAVE SEEN IT HAD IT BEEN PARKED THERE NEXT TO THE GATE? "GIVEN THE MANNER IN WHICH YOU WERE LOOKING AT THAT LOCATION" --
# 188 MR. COCHRAN: I THINK THERE WAS AN OBJECTION.
# 189 MS. CLARK: STRIKE THAT QUESTION.
# 190 MR. COCHRAN: STRIKE THAT LAST QUESTION.
# 191 MS. CLARK: STRIKE THAT. BUT THIS ONE WAS OKAY. "GIVEN THE MANNER IN WHICH YOU WERE LOOKING AT THAT LOCATION WHEN YOU PULLED UP TO THE ROCKINGHAM GATE, WOULD THAT WHITE FORD BRONCO HAVE BEEN RIGHT IN YOUR FIELD OF VIEW? "ANSWER: I WOULDN'T SAY I WAS -- IT WAS RIGHT IN MY EXACT SIGHT IF -- "QUESTION: WAS IT IN YOUR FIELD OF VIEW WHERE YOU WERE LOOKING? "NO, TOWARDS -- "QUESTION: TOWARD THE DRIVEWAY WAS THAT AREA -- LET ME INDICATE WITH MY PEN. WERE YOU ABLE TO SEE THIS AREA AS YOU WERE LOOKING UP THE DRIVEWAY? "ANSWER: YES, I WAS."
AND FOR THE RECORD, I INDICATED THE AREA JUST ABOVE THE LINE WHICH WOULD HAVE BEEN JUST TO THE NORTH OF THE ROCKINGHAM GATE. "OKAY. WERE YOU ABLE TO SEE THIS AREA? "ANSWER: YES, I WAS. "AS YOU WERE LOOKING DOWN THE DRIVEWAY COULD YOU SEE THIS AREA THAT I AM INDICATING WITH YOUR PEN? "ANSWER: YES. "QUESTION: AND YOU DID NOT SEE THE WHITE FORD BRONCO? "ANSWER: NO, I DIDN'T. "NOW, THAT WAS 10:40 APPROXIMATELY OR 10:39 YOU SAID? "ANSWER: YES. "QUESTION: AND THEN WHAT DID YOU DO AFTER YOU PULLED UP TO THE ROCKINGHAM GATE YOU INDICATED? "ANSWER: I BACKED STRAIGHT BACK UP AND MADE ANOTHER LEFT ONTO ASHFORD AND CAME UP TO THIS GATE, THE ASHFORD GATE." AND THEN -- I BETTER FINISH IT. "QUESTION: WHERE DID YOU PARK WHEN YOU CAME BACK TO THE ASHFORD SIDE? "I PULLED IN FRONTWARD IN THE LIMOUSINE, AND YOU KNOW, THE FRONT BUMPER WAS JUST ABOUT TOUCHING THE GATE. "QUESTION: SO AT THAT POINT WAS THE FRONT OF YOUR LIMO POINTING INTO THE DRIVEWAY? "ANSWER: YES, IT WAS. "QUESTION: AND WHAT TIME WAS IT AT THAT POINT WHEN YOU PULLED UP TO THE GATE FACING INTO THE DRIVEWAY ON THE ASHFORD SIDE? "ANSWER: ABOUT 10:40."
# 192 Q: DO YOU RECALL THOSE QUESTIONS AND THOSE ANSWERS HAVING BEEN GIVEN TO YOU TO THOSE QUESTIONS AT THE PRELIMINARY HEARING IN THIS MATTER IN 1994?
# 194 Q: SO WHEN YOU PULLED -- NOW, WHEN YOU PULLED OUT OF THE ROCKINGHAM GATE ON YOUR WAY TO THE AIRPORT, I BELIEVE YOU INDICATED YOU RECALL SOME OBSTRUCTION TO THE RIGHT?
# 195 MR. COCHRAN: OBJECTED TO, YOUR HONOR. LEADING AND SUGGESTIVE; NOT JUST FOUNDATIONAL.
# 196 MS. CLARK: HOW COULD IT BE LEADING IF HE HAS ALREADY TESTIFIED TO IT?
# 197 THE COURT: OVERRULED. OVERRULED.
# 198 Q: BY MS. CLARK: MR. PARK?
# 200 Q: DO YOU RECALL WHETHER THAT WAS -- WHAT THAT OBSTRUCTION WAS?
# 202 Q: SO AT THIS TIME DO YOU EVEN KNOW WHETHER IT WAS A CAR PARKED OR ANYTHING ELSE TO THE RIGHT OF YOU?
# 204 Q: ALL RIGHT. NOW, YOU INDICATED, SIR, THAT YOU SAW THIS SIX-FOOT 200-POUND AFRICAN AMERICAN PERSON IN ALL DARK CLOTHING WALK INTO THE ENTRANCE OF ROCKINGHAM. DO YOU RECALL THAT?
# 206 Q: AND YOU SAID THAT WAS BETWEEN 10:54 AND 10:55?
# 207 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 208 THE COURT: I HAVE A QUESTION PENDING WITH NO ANSWER.
# 209 MS. CLARK: I AM WAITING FOR A PHOTOGRAPH I WANTED TO SHOW HIM.
# 210 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 212 Q: OKAY. CAN YOU INDICATE ON THIS PHOTOGRAPH, SIR -- I'M GOING TO ASK YOU TO --
# 213 MR. COCHRAN: YOUR HONOR, MAY WE APPROACH FOR A MOMENT?
# 214 MS. CLARK: I'M GOING TO ASK YOU TO DIRECT THE -- I'M SORRY.
# 215 THE COURT: FOR WHAT PURPOSE?
# 216 MR. COCHRAN: MAY WE APPROACH A MINUTE?
# 217 THE COURT: ALL RIGHT. WITHOUT THE REPORTER.
# 218 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.) # 219 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:) # 220 THE COURT: ALL RIGHT. COUNSEL, PROCEED. WE ARE WASTING TIME HERE.
# 221 MS. CLARK: I DIDN'T ASK FOR A SIDE BAR.
# 222 THE COURT: I KNOW, BUT YOU DON'T HAVE TO STAND THERE EITHER, BOTH OF YOU. PROCEED. THIS IS PEOPLE'S 139?
# 223 MS. CLARK: PEOPLE'S 139.
# 224 Q: COULD YOU PLEASE INDICATE, IF YOU WOULD, SIR, DIRECT THAT ARROW, IF YOU CAN FIND IT, ON THIS PHOTOGRAPH WHERE YOU FIRST SAW THE PERSON YOU DESCRIBED WALKING INTO THE HOUSE BETWEEN 10:54 AND 10:55?
# 225 A: IT WOULD HAVE BEEN UP JUST TO THE CORNER OF THOSE POTTED PLANTS. UP A LITTLE FARTHER. THERE YOU GO. GO BACK. AROUND THERE, (INDICATING).
# 226 Q: WAS IT -- IT WASN'T ON THEM?
# 227 A: WELL, IN THAT AREA, MAYBE A LITTLE BIT CLOSER TO THE DOOR. THERE YOU GO, (INDICATING).
# 229 MR. COCHRAN: CLOSER TO THE DOOR, YOUR HONOR, HE SAID.
# 230 THE COURT: IT WAS JUST MOVED CLOSER TO THE DOOR AND OFF THE POT.
# 231 Q: BY MS. CLARK: IS THAT --
# 232 A: THAT IS THE GENERAL AREA, YES.
# 233 MS. CLARK: MARK THAT. HAVE THIS MARKED AS PEOPLE'S 139-A.
# 234 (PEO'S 139-A FOR ID = PHOTOGRAPH) # 235 MR. COCHRAN: YOUR HONOR, CAN WE ASK THE WITNESS IF THAT IS WHERE HE WOULD PLACE IT?
# 236 MS. CLARK: THAT IS WHAT HE SAID.
# 237 THE COURT: ASK HIM AGAIN.
# 238 MS. CLARK: ALL RIGHT.
# 239 Q: WHERE THAT WHITE ARROW IS; IS THAT CORRECT, SIR?
# 240 A: YOU COULD GO CLOSER TO THE FRONT OF THE DOOR.
# 241 MS. CLARK: OKAY. LET'S MOVE IT.
# 242 ALLAN PARK: THAT WOULD BE GOOD, (INDICATING).
# 243 MS. CLARK: ALL RIGHT. PEOPLE'S 139-B.
# 244 THE COURT: ALL RIGHT. 139-B.
# 245 MS. CLARK: THANK YOU.
# 246 (PEO'S 139-B FOR ID = PHOTOGRAPH) # 247 Q: BY MS. CLARK: WHEN YOU SAW THAT PERSON WALK INTO THE DOOR, SIR, WERE YOU ABLE -- DID YOU SEE THE HEM OF A ROBE SWIRLING AROUND THE LEGS AT ALL?
# 248 MR. COCHRAN: OBJECT TO THAT, YOUR HONOR. ARGUMENTATIVE. SPECULATIVE, YOUR HONOR.
# 249 THE COURT: OVERRULED.
# 250 MR. COCHRAN: ASSUMES A FACT NOT IN EVIDENCE.
# 251 THE COURT: OVERRULED.
# 253 Q: BY MS. CLARK: OKAY. DID YOU SEE THAT PERSON SWINGING A GOLF CLUB?
# 255 Q: CARRYING A GOLF CLUB?
# 257 Q: NOW, YOU INDICATED THAT AFTER THAT PERSON ENTERED THE HOUSE YOU SAW THE LIGHTS GO ON?
# 259 MR. COCHRAN: ASKED AND ANSWERED, YOUR HONOR.
# 260 THE COURT: OVERRULED.
# 261 Q: BY MS. CLARK: WHEN YOU -- ULTIMATELY AT SOME POINT YOU PULLED UP TO THE -- YOU PULLED INSIDE?
# 263 Q: CORRECT. BEFORE YOU PULLED INSIDE, SIR, YOU INDICATED YOU SPOKE TO THE DEFENDANT OVER THE INTERCOM?
# 265 Q: DID HE BUZZ YOU IN?
# 266 (NO AUDIBLE RESPONSE.) # 267 MR. COCHRAN: ASKED AND ANSWERED, YOUR HONOR.
# 268 THE COURT: OVERRULED.
# 270 Q: BY MS. CLARK: IT WAS KATO THAT LET YOU IN?
# 271 A: FROM WHAT I REMEMBER, YES.
# 272 Q: OKAY. AFTER YOU GOT IN AND YOU PARKED -- YOU SAID AT SOME POINT YOU SAW THE DEFENDANT COME DOWNSTAIRS, COME OUT THE FRONT DOOR?
# 274 Q: DID YOU LOOK AT YOUR WATCH TO SEE WHAT TIME IT WAS WHEN HE CAME DOWNSTAIRS?
# 276 Q: YOU ESTIMATED FOR US THAT IT WAS FIVE TO SIX MINUTES BETWEEN THE TIME YOU SPOKE TO THE DEFENDANT -- EXCUSE ME. STRIKE THAT. YOU INDICATED TO US YESTERDAY THAT IT WAS FIVE TO SIX MINUTES, I BELIEVE, BETWEEN THE TIME YOU SAW THE SIX-FOOT 200-POUND PERSON GO INTO THE HOUSE AND THE TIME YOU SAW THE DEFENDANT COME OUTSIDE?
# 278 Q: DO YOU RECALL THAT?
# 280 Q: YOU DID NOT LOOK AT YOUR WATCH WHEN HE -- WHEN THE DEFENDANT CAME OUTSIDE, THAT FIVE TO SIX-MINUTE TIME FRAME?
# 281 MR. COCHRAN: OBJECTION.
# 282 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
# 283 MS. CLARK: THAT FIVE TO SIX-MINUTE TIME -- TIME FRAME YOU GAVE US BETWEEN THE TIME YOU SAW THE SIX-FOOT 200-POUND PERSON GO INSIDE AND YOU SAW THE DEFENDANT COME OUTSIDE, IS THAT APPROXIMATE OR IS THAT EXACT?
# 284 A: THAT IS ESTIMATED TIME. THAT IS A GUESSTIMATE YOU COULD SAY.
KEY QUOTE # 287 MS. CLARK: COULD I GET 138? (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
# 288 Q: BY MS. CLARK: LET ME SHOW YOU PEOPLE'S 138, SIR. NO, WAIT. YOU KNOW WHAT --
# 289 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 290 Q: BY MS. CLARK: FIRST I WANT TO SHOW YOU PEOPLE'S 112. I BELIEVE YOU INDICATED ON CROSS-EXAMINATION THAT YOU RECOGNIZED THIS FOYER AREA OF THE DEFENDANT'S RESIDENCE?
# 292 Q: YOU INDICATED ALSO THAT YOU SAW THE DEFENDANT AND KATO SPEAKING TOGETHER JUST INSIDE THE HOUSE SHORTLY BEFORE YOU LEFT FOR THE AIRPORT. DO YOU RECALL THAT?
# 294 Q: DO YOU SEE THE AREA IN THIS PHOTOGRAPH WHERE THEY STOOD TALKING FOR A BIT?
# 295 A: YEAH, THAT IS THE AREA.
# 298 Q: NOW, WHEN YOU WERE --
# 299 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 300 Q: BY MS. CLARK: LET ME ASK YOU A COUPLE QUESTIONS BEFORE WE GET -- THIS IS PEOPLE'S 138. YOU RECALL THE FRONT PLAY AND LAWN AREA IN THE -- INSIDE THE -- INSIDE THE GATES OF THE DEFENDANT'S RESIDENCE?
# 301 A: I DIDN'T KNOW WHAT IT WAS AT THE TIME, NO.
# 304 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 305 Q: BY MS. CLARK: ALL RIGHT. DO YOU SEE THE AREA ON THIS DIAGRAM THAT HAS PREVIOUSLY BEEN MARKED AS PEOPLE'S 66, BUT NOW IT IS ON THE SCREEN THERE IS DESIGNATED "LAWN."
# 307 Q: AND "PLAY YARD"?
# 309 Q: CAN YOU TELL US WHAT THE LIGHTING WAS LIKE IN THAT AREA THAT NIGHT?
# 310 MR. COCHRAN: YOUR HONOR, THIS HAS BEEN ASKED AND ANSWERED ON DIRECT EXAMINATION.
# 311 THE COURT: OVERRULED.
# 312 ALLAN PARK: IT WAS VERY DARK.
# 313 Q: BY MS. CLARK: AND CAN YOU TELL US, SIR, WHETHER YOU SAW ANY GOLF BALLS IN THAT LAWN AREA THAT NIGHT?
# 315 Q: LET ME ASK YOU ALSO, SIR, WERE YOU LOOKING ON THE -- WERE YOU LOOKING DOWN AT THE DRIVEWAY AND ON THE GROUND TO SEE IF THERE WERE ANY SPOTS ON THE GROUND THAT NIGHT?
# 317 Q: AND WAS -- CAN YOU TELL US WHAT THE LIGHTING IN THE DRIVEWAY WAS LIKE, IN GENERAL?
# 318 A: IT -- IT WAS DIM. THERE WASN'T VERY MUCH LIGHT.
# 319 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 320 MS. CLARK: ALL RIGHT. BACK TO PEOPLE'S 138.
# 321 Q: OKAY. YOU INDICATED PREVIOUSLY THAT YOU SAW A SMALL DARK BAG SOME -- BEHIND THE BENTLEY OR THE ROLLS ROYCE OR BEHIND THE CARS, I'M SORRY. DO YOU RECALL SAYING THAT?
# 323 Q: CAN YOU SEE THE AREA ON THIS PHOTOGRAPH, PEOPLE'S 138, WHERE YOU SAW THAT BAG?
# 324 MR. COCHRAN: YOUR HONOR, THIS HAS BEEN ASKED AND ANSWERED AND WE HAVE AN EXHIBIT MARKED WITH THAT AREA ON IT.
# 325 THE COURT: OVERRULED.
# 326 Q: BY MS. CLARK: GO AHEAD.
# 327 A: IT IS JUST TO THE LOWER LEFT CORNER IN THAT PICTURE.
# 328 Q: WHY DON'T YOU DIRECT THE ARROW.
# 329 A: STRAIGHT. GO BACK TOWARDS -- JUST DOWN TOWARDS THE CORNER. SOMEWHERE AROUND THERE, (INDICATING).
# 330 MS. CLARK: OKAY. 138-C. 138-C, YOUR HONOR.
# 331 THE COURT: ALL RIGHT. 138-C.
# 332 (PEO'S 138-C FOR ID = PHOTOGRAPH) # 333 Q: BY MS. CLARK: ALL RIGHT. NOW, THAT BAG, SIR, YOU INDICATED, I BELIEVE YESTERDAY, THAT GOLF CLUBS WERE PLACED INTO THE TRUNK, THE GARMENT BAG WAS PLACED INTO THE TRUNK, AND THEN THERE WERE TWO BLACK DUFFLE BAGS THAT WENT INTO THE PASSENGER COMPARTMENT?
# 334 MR. COCHRAN: MISSTATES THE EVIDENCE, YOUR HONOR.
# 335 THE COURT: OVERRULED.
# 337 Q: BY MS. CLARK: DID THE DEFENDANT LOAD ANY OF THOSE BAGS INTO THE TRUNK OR THE PASSENGER COMPARTMENT?
# 338 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR. IT IS VAGUE. I DON'T UNDERSTAND THAT.
# 339 THE COURT: OVERRULED.
# 340 ALLAN PARK: NOT FROM WHAT I REMEMBER.
# 341 Q: BY MS. CLARK: BUT THAT KNAPSACK -- THAT SMALL BAG THAT YOU JUST INDICATED ON THIS PHOTOGRAPH, DID YOU LOAD THAT INTO THE CAR?
# 343 Q: AFTER THE DEFENDANT PICKED IT UP, DID YOU EVER -- PICKED IT UP FROM THAT LOCATION, DID YOU EVER SEE IT AGAIN?
# 345 Q: NOW, YOU INDICATED THAT ONE OF THE DUFFLE BAGS WAS UNZIPPED?
# 347 Q: COULD YOU TELL WHETHER THAT DUFFEL BAG WAS EMPTY OR FULL?
# 348 A: IT WASN'T EMPTY AND IT WASN'T FULL.
# 349 Q: DID YOU LOOK INSIDE IT TO SEE WHAT WAS IN IT?
# 351 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 352 Q: BY MS. CLARK: AND THAT SMALL DARK BAG THAT THE DEFENDANT PICKED UP FROM THE LOCATION SHOWN IN THIS PHOTOGRAPH, HAVE YOU SEEN THAT BAG IN COURT TODAY?
# 354 Q: THE SMALL DARK BAG THAT YOU SAW ON THE DRIVEWAY?
# 355 MR. COCHRAN: JUST A MOMENT, YOUR HONOR. OBJECT. MAY WE APPROACH? MAY WE APPROACH?
# 356 THE COURT: NO. I'M GOING TO SUSTAIN THE OBJECTION.
# 357 Q: BY MS. CLARK: OKAY. YOU INDICATED ONE OF THE DUFFLE BAGS WAS UNZIPPED. DO YOU RECALL THAT?
# 359 Q: AND THAT DUFFEL BAG WENT INTO THE PASSENGER COMPARTMENT IN THE REAR AREA OF THE CAR?
# 361 Q: AND COULD THAT SMALL DARK BAG THAT YOU SAW THAT YOU HAVE INDICATED THE POSITION OF IN THIS PHOTOGRAPH, PEOPLE'S 138, COULD THAT SMALL DARK BAG HAVE FIT INTO THE DUFFEL BAG?
# 362 MR. COCHRAN: OBJECT, YOUR HONOR. CALLS FOR SPECULATION.
# 363 THE COURT: OVERRULED.
# 364 ALLAN PARK: I DON'T KNOW.
# 365 Q: BY MS. CLARK: WAS IT SMALLER THAN THE DUFFEL BAG?
# 366 A: I SAW IT FROM A DISTANCE, SO I DON'T KNOW EXACTLY HOW BIG IT WAS.
# 367 Q: WAS IT SMALLER THAN THE DUFFEL BAG?
# 368 MR. COCHRAN: ASKED AND ANSWERED, YOUR HONOR.
# 369 THE COURT: OVERRULED.
# 370 ALLAN PARK: IT SEEMED TO BE SMALLER.
# 371 THE COURT: MISS CLARK, DO YOU HAVE MUCH MORE?
# 372 MS. CLARK: NO, I DON'T, YOUR HONOR.
# 373 Q: AND THAT SMALL DARK BAG, COULD THAT HAVE BEEN IN THE BACKSEAT WITH THE DEFENDANT?
# 375 Q: NOW, THAT GARMENT BAG -- CAN WE HAVE THAT BACK? I THINK IF I CAN JUST HAVE FIVE MINUTES, YOUR HONOR, I WILL BE DONE.
# 377 Q: BY MS. CLARK: FIRST OF ALL, MR. PART, WHEN YOU SAW THE GARMENT BAG ON JUNE THE 12TH YOU PICKED IT UP, DID YOU?
# 379 Q: YOU LOADED IT INTO THE TRUNK?
# 381 Q: DID IT SEEM TO CONTAIN CLOTHING?
# 383 MR. COCHRAN: JUST A MOMENT, YOUR HONOR. THAT IS SPECULATIVE.
# 384 THE COURT: OVERRULED.
# 385 ALLAN PARK: IT SEEMED TO HAVE SOMETHING IN IT.
# 386 Q: BY MS. CLARK: HAVE YOU LOOKED IN THIS BAG TODAY, SIR?
# 388 Q: UNZIPPING IT. I'M GOING TO ASK YOU TO TELL US, DO YOU SEE ANY CLOTHING IN IT NOW?
# 390 Q: DO YOU KNOW WHAT HAPPENED TO THE CLOTHING THAT WAS IN IT ON THE NIGHT OF JUNE THE 12TH?
# 392 Q: DO YOU KNOW WHERE THIS BAG HAS BEEN SINCE JUNE THE 12TH?
# 394 Q: DO YOU KNOW WHAT HAPPENED TO THE ITEMS THAT WERE INSIDE IT?
# 396 Q: DID YOU SEE THE CONTENTS OF THAT BAG ON THE NIGHT OF JUNE THE 12TH?
# 398 Q: AND THE GOLF BAG THAT YOU WERE SHOWN, I BELIEVE YOU INDICATED THAT EXTERIOR DIDN'T LOOK LIKE THE EXTERIOR YOU RECALL SEEING ON THE NIGHT OF JUNE THE 12TH? DO YOU RECALL THAT?
# 400 Q: SO DO YOU THINK IT WAS SOME OTHER KIND OF EXTERIOR THAT WAS OVER THE GOLF BAG THAT NIGHT?
# 402 Q: AND THAT EXTERIOR PART, THAT SHEATH THAT YOU ARE DESCRIBING, WAS THAT THE PART THAT YOU ACTUALLY HAD CONTACT WITH WHEN YOU GAVE IT TO THE SKYCAP AND SAW IT IN THE TRUNK?
# 404 Q: AND THIS BLACK DUFFEL BAG, SIR, DID IT APPEAR TO HAVE SOMETHING IN IT ON THE NIGHT OF JUNE THE 12TH WHEN YOU LOADED IT INTO THE PASSENGER AREA OF THE LIMOUSINE?
# 406 Q: DO YOU SEE ANYTHING IN IT NOW, SIR?
# 408 Q: DO YOU KNOW WHAT HAPPENED TO THE CONTENTS OF THAT BAG?
# 409 MR. COCHRAN: YOUR HONOR, THOSE ARE CLEARLY IMPROPER QUESTIONS AND COUNSEL KNOWS IT.
# 410 THE COURT: OVERRULED.
# 412 Q: BY MS. CLARK: DO YOU KNOW WHERE THAT BAG HAS BEEN SINCE JUNE THE 12TH, SIR?
# 414 Q: OR WHAT HAPPENED TO THE CONTENTS OF THE BAG THAT WERE THERE ON JUNE THE 12TH?
# 416 Q: WHEN THE DEFENDANT GOT OUT OF THE LIMOUSINE AT THE AIRPORT, SIR, WERE THERE ANY BAGS -- ANY OF HIS BAGS LEFT IN THE PASSENGER COMPARTMENT?
# 418 Q: WERE THERE ANY OF HIS BAGS LEFT IN THE TRUNK?
# 420 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 421 MS. CLARK: I HAVE NOTHING FURTHER.