Direct examination of Charles Cale

📄 Direct examination of Charles Cale — Friday, March 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\31\DIRECT-EXAMINATION-OF-CHARLES-.DOC

TRIAL

▲ Day 49 of 167

◀ Jury greeting and opening remarks Sidebar: witness health and privacy ▶

Witness: Charles Cale
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, March 31, 1995 • Utterances: 157

Charles Cale, a Brentwood neighbor, testified that he walked his dog on Rockingham at approximately 9:30–9:45 PM Sunday, June 12, 1994, and did not see OJ Simpson's white Ford Bronco parked there. The following morning, Monday June 13 at around 7:00 AM, he drove past Simpson's home and noticed the Bronco parked just north of the Rockingham gate at an unusual angle, with the rear end jutting out from the curb more than normal.

# 1 MR. DARDEN:

YES, IT IS FRIDAY, ISN'T IT? THANK YOU, YOUR HONOR. THE PEOPLE CALL CHARLES CALE.

CHARLES CALE, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 THE COURT:

MR. CALE, WOULD YOU COME FORWARD, PLEASE.

# 3 THE CLERK:

SIR, CAN YOU PLEASE RAISE YOUR RIGHT HAND. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?

# 4 CHARLES CALE:

I DO.

# 5 THE CLERK:

PLEASE HAVE A SEAT IN THE WITNESS STAND. PLEASE STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 6 CHARLES CALE:

MY NAME IS CHARLES CALE, C-A-L-E.

# 7

DIRECT EXAMINATION

# 8

BY MR. DARDEN:

# 9 Q:

GOOD MORNING, SIR. MR. CALE, ON JULY 12 AND JUNE 13, 1994, DID YOU LIVE IN BRENTWOOD?

# 10 A:

YES, SIR, I DID.

# 11 Q:

AND DURING THE MONTH OF JUNE 1994, WERE YOU FAMILIAR WITH THE DEFENDANT'S OR RATHER THE LOCATION OF THE DEFENDANT'S HOME AT 360 NORTH ROCKINGHAM?

# 12 A:

YES, SIR.

# 13 Q:

HAD YOU BEEN TO THAT RESIDENCE BEFORE?

# 14 A:

I'VE BEEN BY IT. I'VE BEEN ON THE PROPERTY ON HOLIDAY, SOMETHING OF THAT SORT.

# 15 Q:

AND ARE YOU ACQUAINTED WITH THE DEFENDANT O.J. SIMPSON?

# 16 A:

WE'VE SEEN EACH OTHER IN THE NEIGHBORHOOD AND I KNOW HIM FROM PASSING AND --

# 17 Q:

DID YOU OWN A DOG ON JUNE 12?

# 18 A:

YES, SIR, I DID. STILL DO.

# 19 Q:

OKAY. AND DIRECTING YOUR ATTENTION TO THE MORNING FOLLOWING THE MURDERS OF RON GOLDMAN AND NICOLE BROWN -- AND THIS WILL BE MONDAY, JUNE 13, 1994 -- ON THAT DATE, AT APPROXIMATELY 7:00 O'CLOCK IN THE MORNING, WERE YOU ON ROCKINGHAM?

# 20 A:

YES, SIR, I WAS.

# 21 Q:

OKAY. WERE YOU IN A CAR?

# 22 A:

YES, SIR.

# 23 Q:

WERE YOU ALONE?

# 24 A:

NO. I WAS HAVING SOMEBODY DRIVE WITH ME TO THE AIRPORT TO TAKE MY CAR BACK HOME.

# 25 Q:

OKAY. SO YOU WERE EN ROUTE TO THE AIRPORT?

# 26 A:

CORRECT.

# 27 Q:

OKAY. AND ON THAT DAY, MONDAY, JUNE 13, AT 7:00 A.M. IN THE MORNING, DID YOU DRIVE DOWN ROCKINGHAM?

# 28 A:

YES, SIR.

# 29 Q:

OKAY. AND DID YOU PASS THE DEFENDANT'S RESIDENCE AT 360 NORTH ROCKINGHAM?

# 30 A:

YES, SIR.

# 31 Q:

OKAY. NOW, FROM WHICH DIRECTION WERE YOU -- WERE YOU DRIVING?

# 32 A:

I WAS DRIVING FROM NORTH TO SOUTH.

# 33 Q:

OKAY. SO YOU WERE -- STRIKE THAT. AND AS YOU APPROACHED THE DEFENDANT'S RESIDENCE, DID YOU HAVE TO PASS THROUGH THE INTERSECTION AT ASHFORD?

# 34 A:

YES, SIR.

# 35 Q:

AND DID YOU PASS THROUGH THAT INTERSECTION?

# 36 A:

YES, SIR.

# 37 Q:

OKAY. NOW, YOU'VE BEEN AT THAT INTERSECTION BEFORE AT ROCKINGHAM AND ASHFORD; IS THAT RIGHT?

# 38 A:

THAT'S CORRECT.

# 39 Q:

OKAY. AND I TAKE IT THAT YOU PASSED THROUGH THE INTERSECTION ON YOUR WAY DOWN TO SUNSET BOULEVARD?

# 40 A:

THAT IS CORRECT. THAT'S --

# 41 Q:

AND IS THERE A PATH OR COURSE THAT YOU USUALLY TAKE AS YOU DRIVE DOWN TO SUNSET?

# 42 A:

YES, SIR, THERE IS.

# 43 Q:

DO YOU USUALLY PASS THROUGH THE INTERSECTION AT ROCKINGHAM?

# 44 A:

USUALLY I WOULD TURN LEFT IF I WERE GOING TO BE GOING EAST ON SUNSET TO GO ACROSS TO CLIFFWOOD AND TURN LEFT AT CLIFFWOOD BECAUSE THERE'S A LIGHT AND YOU CAN'T TURN LEFT ONTO SUNSET FROM -- FROM ROCKINGHAM IF YOU'RE GOING DOWN THAT WAY. THERE'S NO LEFT TURN SIGN.

# 45 Q:

NOW, DO I UNDERSTAND YOU TO SAY THAT YOU USUALLY TURN LEFT AT ASHFORD?

# 46 A:

YES, SIR.

# 47 Q:

OKAY. DID YOU TURN LEFT AT ASHFORD THAT MONDAY MORNING?

# 48 A:

NO, SIR.

# 49 Q:

AND WHY NOT?

# 50 A:

BECAUSE I SAW A BLACK AND WHITE PATROL CAR, POLICE CAR PARKED IN THE -- IN THE STREET JUST EAST OF -- OF ROCKINGHAM ON ASHFORD BETWEEN THE CORNER AND THE GATE AND THE ENTRANCE INTO MR. SIMPSON'S HOME ON ASHFORD.

# 51 Q:

OKAY. SO YOU COULDN'T TURN LEFT?

# 52 A:

COULD HAVE TURNED LEFT AND GONE AROUND, BUT IT WOULD HAVE BEEN -- WE HAD TO GO OUT OF THE WAY OR OFF INTO THE LEFT LANE.

# 53 Q:

AND SO DID YOU CONTINUE SOUTH ON ROCKINGHAM?

# 54 A:

YES, SIR, WE DID.

# 55 Q:

DID YOU PASS THE DEFENDANT'S GATE, THE GATE TO HIS RESIDENCE AT 360 NORTH ROCKINGHAM?

# 56 A:

YES, SIR, I DID.

# 57 Q:

AND AS YOU DID SO, DID YOU NOTICE A VEHICLE AT ALL?

# 58 A:

I DID. I NOTICED THE FORD -- THE WHITE FORD BRONCO.

# 59 Q:

AND WHERE WAS THE WHITE FORD BRONCO WHEN YOU FIRST SAW IT THAT MONDAY MORNING?

# 60 A:

IT WAS JUST TO THE NORTH OF THE DRIVEWAY, THE ROCKINGHAM DRIVEWAY PARKED AT KIND OF A STRANGE ANGLE WITH THE REAR OUT FROM THE CURB A LITTLE BIT MORE THAN NORMAL.

KEY QUOTE

# 61 Q:

AND DID YOU PAY PARTICULAR ATTENTION TO THE BRONCO?

# 62 A:

I -- YES, SIR. I WAS SURPRISED TO SEE IT, AND SO I NOTICED IT.

# 63 Q:

OKAY. WHY WERE YOU SURPRISED TO SEE THE BRONCO AT THAT TIME?

# 64 A:

WELL, VERY SELDOM IF EVER HAD IT BEEN PARKED THERE. IN FACT, SELDOM IF EVER WERE ANY CARS PARKED ON THE ROCKINGHAM SIDE OF THE STREET AS I WENT ALONG FROM THE PAST, AND I NOTICED THAT -- I NOTICED THAT IT WAS PARKED AT SORT OF A STRANGE ANGLE. I MEAN YOU COULD TELL IT WAS OUT -- THE REAR WHEELS WERE OUT A LITTLE BIT, AND ALSO I HAD -- I HAD NOT NOTICED IT THE PRIOR DAY, PRIOR EVENING.

KEY QUOTE

# 65 Q:

YOU HAD NOT NOTICED THE BRONCO PARKED ON ROCKINGHAM THE PRIOR EVENING?

# 66 A:

THAT IS CORRECT.

# 67 Q:

OKAY. WERE YOU OUTSIDE THE PRIOR EVENING?

# 68 A:

YES, SIR.

# 69 Q:

OKAY. THIS WOULD BE MONDAY OR RATHER SUNDAY NIGHT, JUNE 12TH.

# 70 A:

SUNDAY EVENING, JULY 12TH, YEAH.

# 71 Q:

AND WHY WERE YOU OUT SUNDAY EVENING, JUNE 12?

# 72 A:

WELL, I HAD TAKEN MY DOG FOR A WALK. I HAD BEEN PACKING TO GET READY TO GO TO THE TRIP EARLY THE NEXT MORNING, AND I TOOK THE DOG OUT FOR A SHORT WALK AND HAD BEEN WALKING ON ROCKINGHAM. AND WHEN I WAS WALKING, I HADN'T SEEN THEM, THE BRONCO.

# 73 Q:

OKAY. NOW, WHAT TIME WAS IT IF YOU RECALL THAT YOU WALKED YOUR DOG SUNDAY EVENING?

# 74 A:

ABOUT 9:30, 9:45 PERIOD.

# 75 Q:

AND SO DURING THIS TIME PERIOD, 9:30 TO 9:45, YOU SAY YOU DIDN'T SEE THE BRONCO ON ROCKINGHAM?

# 76 A:

YES, SIR. I DID NOT SEE THE BRONCO ON ROCKINGHAM.

# 77 Q:

OKAY. NOW, FROM WHICH DIRECTION WERE YOU WALKING WITH YOUR DOG?

# 78 A:

I WAS WALKING FROM NORTH TO SOUTH.

# 79 Q:

NORTH TO SOUTH ON ROCKINGHAM?

# 80 A:

THAT IS CORRECT. AND THEN I RETURNED AND WALKED BACK SOUTH TO NORTH.

# 81 Q:

OKAY. DID YOU EVER PASS THE DEFENDANT'S HOME AT 360 NORTH ROCKINGHAM; THAT IS, SUNDAY NIGHT?

# 82 A:

NO, SIR, I DID NOT.

# 83 Q:

OKAY. HOW CLOSE DID YOU COME TO DEFENDANT'S GATE LOCATED ON ROCKINGHAM SUNDAY NIGHT?

# 84 A:

I WOULD ESTIMATE ABOUT 60 YARDS PROBABLY.

# 85 Q:

NOW, YOU MENTIONED A MOMENT AGO THAT SELDOM IF EVER HAVE YOU SEEN THE BRONCO PARKED ON ROCKINGHAM.

# 86 A:

THAT IS CORRECT.

# 87 Q:

HAVE YOU SEEN THE BRONCO PARKED AT OTHER LOCATIONS?

# 88 A:

YES, SIR. ON -- ON ASHFORD ON OCCASION.

# 89 MR. DARDEN:

MAY I HAVE ONE MOMENT, YOUR HONOR?

# 90 THE COURT:

CERTAINLY.

# 91 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 92 MR. DARDEN:

I AM MISSING MR. FAIRTLOUGH AT THIS MOMENT IN TIME.

# 93 MS. CLARK:

MAY I --

# 94 THE COURT:

YES.

# 95 (BRIEF PAUSE.)

# 96 THE COURT:

MR. DARDEN, YOU WANT TO JUST PROCEED WITH THE NORMAL PHOTOGRAPHS?

# 97 MR. DARDEN:

I AM SORRY?

# 98 THE COURT:

DO YOU WANT TO PROCEED WITH THE NORMAL PHOTOGRAPHS AND JUST DO IT THE OLD FASHION WAY?

# 99 MR. DARDEN:

YES, YOUR HONOR.

# 100 Q:

BY MR. DARDEN: MR. CALE?

# 101 A:

YES, SIR.

# 102 Q:

AT THE TIME YOU JUST INDICATED, YOU JUST TOLD US THAT YOU WERE OUT AT AROUND 9:30 TO 9:45 P.M. SUNDAY EVENING?

# 103 A:

YES, SIR.

# 104 Q:

OKAY. AND --

# 105 MR. SHAPIRO:

I AM SORRY, YOUR HONOR. I DIDN'T HEAR THE QUESTION. MAY IT BE REPEATED?

# 106 THE COURT:

SHOULD BE RIGHT THERE.

# 107 MR. SHAPIRO:

OH. MAY I JUST HAVE A MOMENT, PLEASE?

# 108 THE COURT:

CERTAINLY.

# 109 MR. SHAPIRO:

THANK YOU VERY MUCH, YOUR HONOR. APPRECIATE IT.

# 110 THE COURT:

MR. DARDEN.

# 111 Q:

BY MR. DARDEN: OKAY. YOU INDICATED THAT YOU WERE OUT AROUND 9:30 TO 9:45 P.M. SUNDAY NIGHT.

# 112 A:

YES, SIR.

# 113 Q:

OKAY. AND HOW WAS IT THAT YOU ARRIVED AT THAT TIME; THAT IS THE 9:30 TO 9:45 P.M. TIME?

# 114 A:

WELL, I -- I HAD COME BACK EARLIER IN THE EVENING WITH ONE OF MY CHILDREN, AND WE HAD HAD DINNER AND THEN I HAD STARTED TO PACK FOR MY TRIP THE NEXT MORNING, PUT MY MATERIALS TOGETHER TO GO ON THIS TRIP. I KNOW THAT I CAME BACK AND WENT TO BED SHORTLY ABOUT 10:00 O'CLOCK OR VERY SHORTLY THEREAFTER BECAUSE I HAD TO GET UP EARLY THE NEXT MORNING, AND I KNOW THAT WHEN I GOT BACK WITH THE PACKING AND BEFORE I WENT TO BED, I WENT OUT FOR A SHORT WALK. AND THAT'S THE BEST ESTIMATION I CAN HAVE, IS ABOUT BETWEEN 9:30 AND 9:45.

# 115 Q:

SIR, HOW CERTAIN ARE YOU THAT THE BRONCO WAS NOT PARKED NEAR THE GATE AT ROCKINGHAM THAT SUNDAY EVENING?

# 116 A:

I'M VERY CERTAIN.

# 117 (BRIEF PAUSE.)

# 118 THE COURT:

PERHAPS MR. HARRIS CAN ASSIST YOU WITH THAT.

# 119 MR. DARDEN:

IF I CAN JUST SHOW IT TO MR. SHAPIRO.

# 120 (BRIEF PAUSE.)

# 121 THE COURT:

MR. DARDEN.

# 122 MR. DARDEN:

YOUR HONOR, I HAVE A PHOTOGRAPH HERE, AERIAL PHOTOGRAPH. MAY IT BE MARKED PEOPLE'S NEXT IN ORDER?

# 123 THE COURT:

157.

# 124 (PEO'S 157 FOR ID = AERIAL PHOTO)

# 125 MS. CLARK:

THANK YOU, YOUR HONOR.

# 126 THE COURT:

YOU WANT TO JUST TAKE IT OUT AND USE IT ON THE ELMO?

# 127 (BRIEF PAUSE.)

# 128 THE COURT:

ALL RIGHT. DO YOU SEE YOUR MONITOR THERE, MR. CALE?

# 129 CHARLES CALE:

YES, SIR.

# 130 THE COURT:

ALL RIGHT. MR. DARDEN.

# 131 Q:

BY MR. DARDEN: LOOKING AT THAT PHOTOGRAPH, MR. CALE, CAN YOU -- CAN YOU INDICATE FOR US THE POINT OR RATHER THE CLOSEST POINT YOU CAME TO THE DEFENDANT'S GATE ON ROCKINGHAM?

# 132 A:

WELL, I'LL JUST HAVE TO ALIGN MYSELF HERE. IT WOULD BE -- IT WAS IN THE AREA OF, AS YOU LOOK AT ROCKINGHAM, ABOUT A LITTLE FARTHER THAN HALFWAY UP ON THE TOP TO BOTTOM LINE HERE. YOU SEE THERE'S A -- THERE'S SOMETHING THAT'S SORT OF RED, A VEHICLE OF SOME SORT THAT'S RED AND THEN -- WHICH WOULD BE ON THE EAST SIDE OF THE STREET, AND THEN IF YOU COME ACROSS DIAGONALLY, THERE'S A CAR, LOOKS LIKE A CAR, LIGHTER COLORED CAR ON THE WEST SIDE OF THE STREET.

# 133 Q:

MR. CALE, WE'RE GOING TO PLACE AN ARROW ON THE SCREEN, AND IF YOU WILL, PLEASE DIRECT THE ARROW.

# 134 A:

OKAY. BRING THE ARROW NORTH ON ROCKINGHAM, FARTHER, AND THEN GO TO THE RIGHT THERE. SO A LINE FROM THAT -- FROM THAT VEHICLE ACROSS TO THE LEFT TO THE VEHICLE ON THE WEST SIDE OF ROCKINGHAM DOWN HERE (INDICATING).

# 135 Q:

SO YOU'RE -- YOU ARE ON THE OPPOSITE SIDE OF THE STREET?

# 136 A:

NO. THAT -- THAT LINE IN THERE. RIGHT -- RIGHT -- GOING ALL THE WAY TO THE OTHER -- TO THE CORNER. RIGHT IN THERE, THAT AREA (INDICATING).

# 137 Q:

RIGHT THERE. OKAY. CAN WE COME BACK AND JUST PLACE THE ARROW?

# 138 A:

I WOULD SAY THAT WOULD BE THE -- THAT'S THE GENERAL AREA. NOT ALL THE WAY TO THE CORNER, BUT PAST THE DRIVEWAY ON THE -- ON THE RIGHT FOR THE HOUSE ON THE NORTH SIDE OF THE STREET (INDICATING).

# 139 Q:

ALL RIGHT. SO YOU'RE ON THE WEST SIDE OF THE STREET; IS THAT CORRECT?

# 140 A:

I -- I WAS WALKING IN THE -- YOU KNOW, IN THE STREET. NOT JUST NECESSARILY ON THE -- THE DOG SORT OF GOES BACK AND FORTH AND THERE (INDICATING).

# 141 MR. DARDEN:

CAN WE PRINT THIS AND --

# 142 CHARLES CALE:

AT THE TIME, THERE REALLY WASN'T THAT MUCH TRAFFIC ON ROCKINGHAM.

# 143 Q:

BY MR. DARDEN: NOW, WHEN WAS THE FIRST TIME THAT YOU WERE INTERVIEWED BY THE POLICE, MR. CALE?

# 144 A:

I WOULD SAY IT WAS IN FEBRUARY -- IN JANUARY I THINK. I DON'T KNOW THE EXACT DAY, BUT IT WAS -- IT WAS IN I BELIEVE JANUARY OF THIS YEAR.

# 145 Q:

AND DID YOU CONTACT THE POLICE?

# 146 A:

THEY CONTACTED ME.

# 147 Q:

OKAY. NOW, YOU DO LIVE IN THE AREA; IS THAT CORRECT?

# 148 A:

THAT IS CORRECT.

# 149 Q:

OKAY. AND YOU WOULD PREFER NOT TO HAVE YOUR ADDRESS PUBLISHED I TAKE IT?

# 150 A:

THAT IS CORRECT.

# 151 Q:

NOW, WHEN YOU WALKED DOWN ROCKINGHAM THAT SUNDAY EVENING, WERE YOU ABLE TO SEE ASHFORD STREET?

# 152 A:

WELL -- EXCUSE ME -- BITS AND PIECES OF ASHFORD STREET BECAUSE AS YOU CAN SEE FROM THE PICTURE, THERE ARE A LOT OF TREES AND IF YOU WALK DOWN ROCKINGHAM, THE TREES REALLY BREAK UP THE UNIMPEDED VIEW OF ASHFORD. YOU CAN SEE PARTS OF ASHFORD.

# 153 Q:

OKAY. DID YOU SEE THE DEFENDANT'S FORD BRONCO PARKED ON ASHFORD STREET THAT SUNDAY NIGHT?

# 154 A:

I DON'T -- I DON'T RECALL SEEING IT ON ASHFORD, NO, SIR.

# 155 MR. DARDEN:

THANK YOU. THAT'S ALL.

# 156 THE COURT:

MR. SHAPIRO.

# 157 MR. SHAPIRO:

THANK YOU VERY MUCH, YOUR HONOR.

Temperature

procedural

Key Quotes (4)

Charles Cale

IT WAS JUST TO THE NORTH OF THE DRIVEWAY, THE ROCKINGHAM DRIVEWAY PARKED AT KIND OF A STRANGE ANGLE WITH THE REAR OUT FROM THE CURB A LITTLE BIT MORE THAN NORMAL.

Establishes the Bronco's distinctive, irregular parking position Monday morning — consistent with a hasty or distracted parking job.

Charles Cale

I'M VERY CERTAIN.

Unequivocal assertion that the Bronco was NOT on Rockingham during his 9:30–9:45 PM Sunday walk, anchoring the prosecution's timeline.

Charles Cale

VERY SELDOM IF EVER HAD IT BEEN PARKED THERE. IN FACT, SELDOM IF EVER WERE ANY CARS PARKED ON THE ROCKINGHAM SIDE OF THE STREET AS I WENT ALONG FROM THE PAST.

Explains why Cale noticed the Bronco — its presence was anomalous — lending credibility to his observation.

Charles Cale

I HAD NOT NOTICED IT THE PRIOR DAY, PRIOR EVENING.

Directly links the Sunday night absence to the Monday morning appearance, supporting prosecution's claim Simpson returned home after the murders.

Evidence (1)

People's 157

Aerial photograph of the Rockingham/Ashford area used to have Cale identify his approximate location during Sunday evening dog walk

introduced and displayed on the ELMO; arrow placed to mark witness's position

Notable Exchanges (1)

Christopher Darden•Lance A. Ito

Darden was missing co-counsel Fairtlough mid-examination, causing a pause. Ito suggested proceeding 'the old fashion way' with normal photographs rather than whatever technology they had planned.

light/procedural

Light Moments (1)

Lance A. Ito

Judge Ito, with dry practicality, suggested Darden just use the ELMO and regular photos after Fairtlough went missing: 'DO YOU WANT TO PROCEED WITH THE NORMAL PHOTOGRAPHS AND JUST DO IT THE OLD FASHION WAY?'

Witness Demeanor

Cooperative and straightforward throughout; no stage directions indicating distress or hesitation

Slightly uncertain when navigating the aerial photo ('I'LL JUST HAVE TO ALIGN MYSELF HERE'), but composed

Objections

None recorded

Proceeding 5527 • 157 utterances • Prosecution witness

Criminal Trial

Department 103