Direct examination of Debra Guidera

📄 Direct examination of Debra Guidera — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\DIRECT-EXAMINATION-OF-DEBRA-GU.DOC

TRIAL

▲ Day 151 of 167

◀ Direct examination of Michael Romano Sidebar: cross-examination readiness ▶

Witness: Debra Guidera
Examiner: Marcia Clark
Called by: Prosecution • Date: Monday, September 11, 1995 • Utterances: 106

Debra Guidera, a non-professional photographer who was assisting an Associated Press photographer friend at Giants Stadium on December 12, 1993, testified that she took a photograph of O.J. Simpson on the sidelines wearing dark brown or black gloves. The prosecution introduced the photograph and two enlargements (People's 612, 612-A, 612-B) to show Simpson wearing gloves approximately 18 months before the murders, countering defense arguments about the glove evidence.

# 1 MS. CLARK:

People call Mr. Debra Guidera. Ms. Did I say Mr.?

# 2 THE COURT:

You did.

Debra Guidera, called as a witness by the People on rebuttal, was sworn and testified as follows:

# 3 THE COURT:

Miss Guidera, would you step around here, stand over by the court reporter, face the clerk.

# 4 THE CLERK:

Raise your right hand, please. 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?

# 5 MS. GUIDERA:

I do.

# 6 THE CLERK:

Please have a seat in the witness stand and state and spell your first and last names for the record.

# 7 MS. GUIDERA:

Debra Guidera, D-E-B-R-A G-U-I-D-E-R-A.

# 8 THE COURT:

Miss Clark.

# 9 MS. CLARK:

Thank you, your Honor.

DIRECT EXAMINATION BY Ms. CLARK

# 10 MS. CLARK:

Miss Guidera, can you tell us, are you a professional photographer, ma'am?

# 11 MS. GUIDERA:

No.

# 12 MS. CLARK:

Have you ever been one?

# 13 MS. GUIDERA:

No.

# 14 MS. CLARK:

Directing your attention, ma'am, to the date of December 12th, 1993, can you tell us where you were on that date?

# 15 MS. GUIDERA:

I was at Giant Stadium in East Rutherford, New Jersey.

KEY QUOTE

# 16 MS. CLARK:

And why were you there?

# 17 MS. GUIDERA:

Umm, I was helping out a friend as a photo messenger that day.

# 18 MS. CLARK:

Can you tell us what the weather was like that day?

# 19 MS. GUIDERA:

It was very cold.

# 20 MS. CLARK:

Now, while you were there--the friend that you were helping, what did he do there?

# 21 MS. GUIDERA:

Umm, he works for the associated press.

# 22 MS. CLARK:

Was he a photographer?

# 23 MS. GUIDERA:

Yes.

# 24 MS. CLARK:

And can you tell us where you were in the stadium?

# 25 MS. GUIDERA:

I was on the football field.

# 26 MS. CLARK:

Were you at the sidelines?

# 27 MS. GUIDERA:

Uh, yes.

# 28 MS. CLARK:

On whose side?

# 29 MS. GUIDERA:

On both sides. Oh, actually on the colts side as--when I took the picture.

# 30 MS. CLARK:

Okay. Now, when you say "The picture," did you have a camera with you that day?

# 31 MS. GUIDERA:

I did, but it wasn't mine.

# 32 MS. CLARK:

Whose was it?

# 33 MS. GUIDERA:

Umm, it was my friend's.

# 34 MS. CLARK:

Now, I have here a photograph, your Honor, ask that it be marked People's 612.

# 35 THE COURT:

All right. 612.

# 36 (Peo's 612 for id = photograph)

# 37 MS. CLARK:

And then there will be two enlargements.

# 38 THE COURT:

612-A and B.

# 39 MS. CLARK:

Yes. Thank you, your Honor. The farther away enlargement, 612-A, close-up on the hand area, 612-B.

# 40 THE COURT:

So marked.

# 41 MS. CLARK:

Thank you.

# 42 (Peo's 612-A and B for id = photographs)

# 43 MS. CLARK:

Miss Guidera, I'm going to show you a photograph that's been marked as People's 612 and ask if you recognize this photograph.

# 44 MS. GUIDERA:

Yes, I do.

# 45 MS. CLARK:

Is that a photograph that you took, ma'am?

# 46 MS. GUIDERA:

Yes.

# 47 MS. CLARK:

And is it a photograph that you took on December 12th, 1993, in New Jersey in the Giant Stadium?

# 48 MS. GUIDERA:

Yes.

# 49 MS. CLARK:

And do you recognize the person depicted in that photograph?

# 50 MS. GUIDERA:

Yes.

# 51 MS. CLARK:

Who is it?

# 52 MS. GUIDERA:

O.J. Simpson.

# 53 MS. CLARK:

And how far away from him were you when you took that picture, if you recall?

# 54 MS. GUIDERA:

Umm, I'd say about 10, 12 feet.

# 55 MS. CLARK:

Can you tell us what color gloves are depicted in this photograph?

# 56 MS. GUIDERA:

Umm, they look dark brown.

KEY QUOTE

# 57 MS. CLARK:

Uh-huh.

# 58 THE COURT:

All right. You've placed 612 on the elmo?

# 59 MS. GUIDERA:

They look dark brown or black.

# 60 MS. CLARK:

I'm going to show you what's been marked now as People's 612-A and 612-B. Do these appear to be enlargements of the photograph that you see here in 612?

# 61 MS. GUIDERA:

Yes.

# 62 MS. CLARK:

And are they accurate enlargements of the photographs that you sent us?

# 63 MS. GUIDERA:

Yes.

# 64 MS. CLARK:

Now, you indicate that you were approximately 12 feet away when you took this photograph?

# 65 MS. GUIDERA:

Yes.

# 66 MS. CLARK:

May I have a moment, your Honor?

# 67 THE COURT:

Certainly.

# 68 (Discussion held off the record between the Deputy District Attorneys.)

# 69 MS. CLARK:

Your Honor, may I ask that the photograph marked People's 612-B be passed around to the jury?

# 70 THE COURT:

All right. Small photograph?

# 71 MS. CLARK:

It is, yes.

# 72 THE COURT:

All right. Hand that to juror no. 1, please. Juror no. 1.

# 73 (People's 612-B was examined by the jurors.)

# 74 MS. CLARK:

While the jury is looking, may I ask that Mr. Fairtlough be permitted to put up the a and B?

# 75 THE COURT:

Yes.

# 76 MS. CLARK:

Thank you.

# 77 THE COURT:

All right. Mr. Fairtlough, would you collect the photograph 612 from Deputy Smith, please. Thank you.

# 78 MS. CLARK:

May he also affix that to the board, your Honor?

# 79 THE COURT:

He may.

# 80 MS. CLARK:

Now, let me ask you further questions, Miss Guidera, about the date. Do you independently recall what day it was?

# 81 MS. GUIDERA:

A Sunday.

# 82 MS. CLARK:

It was a Sunday?

# 83 (No audible response.)

# 84 MS. CLARK:

Is that yes? You have to say it out loud for the reporter.

# 85 MS. GUIDERA:

Yes.

# 86 MS. CLARK:

And what month was it?

# 87 MS. GUIDERA:

December.

# 88 MS. CLARK:

Of 1993?

# 89 MS. GUIDERA:

Yes.

# 90 MS. CLARK:

And do you know if it was before or after Christmas?

# 91 MS. GUIDERA:

Before Christmas.

# 92 MS. CLARK:

And what date was it? What Sunday was it? Do you know?

# 93 MS. GUIDERA:

The 12th.

# 94 MS. CLARK:

Your Honor, the label that I have here indicates only 12-19-93. May I ask we be allowed to attach a new label indicating 12-12-93 before we put it on the board?

# 95 THE COURT:

Yes. Do you have any further questions for Miss Guidera?

# 96 MS. CLARK:

Very briefly.

# 97 MS. CLARK:

Ma'am, was there any artificial lighting when the photograph that you took of the Defendant in those gloves on December 12th, 1993 was taken?

# 98 MS. GUIDERA:

No.

# 99 MS. CLARK:

Did you use a flash?

# 100 MS. GUIDERA:

No.

# 101 MS. CLARK:

And did you send the negatives to us for the purpose of verifying the accuracy of the photograph?

# 102 MS. GUIDERA:

Yes, I did.

# 103 MS. CLARK:

Nothing further.

# 104 THE COURT:

Mr. Blasier.

# 105 MR. BLASIER:

May we approach, your Honor?

# 106 THE COURT:

Yes, you may.

Temperature

procedural

Key Quotes (3)

Debra Guidera

Umm, they look dark brown.

Her description of the glove color in the photograph connects to the Bruno Magli gloves found at the crime scene and Rockingham.

Debra Guidera

I was at Giant Stadium in East Rutherford, New Jersey.

Establishes the context — an NFL game where Simpson was present and photographed wearing gloves.

Marcia Clark

Mr. Did I say Mr.?

A rare slip by Clark, quickly self-corrected — minor but humanizing moment at the top of the examination.

Evidence (3)

People's 612

Photograph taken by Guidera of O.J. Simpson at Giants Stadium on December 12, 1993, showing him wearing dark brown/black gloves

introduced and displayed on elmo

People's 612-A

Enlargement of People's 612, wider view

introduced and affixed to board

People's 612-B

Close-up enlargement of hand area from People's 612

introduced, passed to jury for examination

Notable Exchanges (2)

Marcia Clark•Lance A. Ito

Clark requested permission to relabel the exhibit from 12-19-93 to 12-12-93, revealing a labeling error on the photograph that needed correcting before it was posted for the jury.

administrative

Marcia Clark•Lance A. Ito

Clark coordinated display logistics — elmo, jury handoff of 612-B, and affixing exhibits to the board — with Ito managing the flow.

procedural

Light Moments (1)

Marcia Clark

Clark introduced the witness as 'Mr. Debra Guidera' then immediately caught herself: 'Ms. Did I say Mr.?'

Witness Demeanor

(No audible response.) — witness nodded rather than speaking, requiring Clark to prompt her to answer aloud for the court reporter

Objections

None recorded

Proceeding 7578 • 106 utterances • Prosecution witness

Criminal Trial

Department 103