Cross-examination of Ms. Fischman by Robert Baker

📄 Cross-examination of Ms. Fischman by Robert Baker — Wednesday, March 20, 1996

Address:

C:\DEPT103\DEPOSITION\1996\MAR\20\CROSS-EXAMINATION-OF-MS-FISCHM.DOC

TRIAL

▲ Day 19 of 31

◀ Direct examination of Ms. Fischman by Daniel Petrocelli Redirect examination of Ms. Fischman by Michael Brewer ▶

Witness: Ms. Fischman
Examiner: Robert Baker
Called by: Plaintiff • Date: Wednesday, March 20, 1996 • Utterances: 688

Baker cross-examines Cora Fischman, Nicole's closest friend, in a session dominated by relentless leading questions met with constant 'leading' objections from Petrocelli. Baker methodically uses Fischman to undermine the prosecution's domestic violence narrative: he establishes that OJ's 1993 'kill' threat was made in the context of Nicole's affair with Marcus Allen and was later used by Nicole as a figure of speech, that threatening phone calls in 1992 came from someone other than OJ (and Nicole asked OJ to keep watch over her), and that Nicole's dangerous lifestyle and drug-involved circle — particularly Faye Resnick — were Fischman's primary concern for Nicole's safety. The cross ends with Fischman confirming she does not believe OJ Simpson killed Nicole.

# 1

BY MR. BAKER:

# 2 Q:

Good afternoon, Miss Fischman, my name's Phil Baker. The first time we met was yesterday. True?

# 3 A:

Yes.

# 4 Q:

You've tried to be accurate and honest when you responded to questions by the police. True?

# 5 A:

True.

# 6 Q:

And you were accurate end honest when you responded to questions by Mr. Viner to the best of your recollection. True?

# 7 A:

True.

# 8 Q:

And you were accurate end honest when answering questions from Mr. Petrocelli. True?

# 9 A:

True.

# 10 Q:

Now, you've reviewed the statements attached as Exhibit 158.

# 11 A:

Yes, 158.

# 12 Q:

158 is the supplemental statement that you had a conversation with Detective Phil Vannatter on September 15th, 1994. Do you remember having that interview?

# 13 A:

Yes.

# 14 Q:

Is everything you told Mr. Vannatter included in that statement?

# 15 A:

What? I'm sorry.

# 16 Q:

Is everything that you told Mr. Vannatter on that day in that statement form?

# 17 A:

Everything'

# 18 MR. PETROCELLI:

Which exhibit is this?

# 19 MR. BAKER:

That is 158.

# 20 MS. FISCHMAN:

I don't know if this is everything, so I don't know.

# 21

BY MR. BAKER:

# 22 Q:

Isn't it true that you told Mr. Vannatter on September 14th that Nicole had told you-if you go to paragraph 4. On paragraph 4 you say- the statement form says you say:

"She stated that Nicole told her that OJ. had stated to Nicole, ' I ever catch you with another man, I'll kill you.'" Did you read that part?

# 23 A:

Yes.

# 24 Q:

Now, didn't you tell Detective Vannatter that that statement-Nicole told you this in 1993?

# 25 MR. PETROCELLI:

Objection. Leading question.

# 26 MS. FISCHMAN:

This was when the reconciliation. That's when Nicole told OJ.-I already told that.

# 27 MR. PETROCELLI:

Objection. Move to strike as non-responsive.

# 28 MS. FISCHMAN:

When Nicole told OJ. about her relationship with Marcus Allen.

# 29

BY MR. BAKER:

# 30 Q:

And that was in 1993. True?

# 31 A:

Right.

# 32 MR. PETROCELLI:

Objection. Leading. You will have to permit me to object because every one of his questions will be an attempt to lead you to say what he wants you to say, and I will have to object to it.

# 33 MS. FISCHMAN:

Sorry.

# 34

BY MR. BAKER:

# 35 Q:

And you were a little bit confused right now because you told Mr. Petrocelli that off the record. True?

# 36 A:

True.

# 37 MR. PETROCELLI:

Objection. Leading.

# 38 MS. FISCHMAN:

I'm sorry.

# 39 MR. PETROCELLI:

That's all right. Just give me a little chance to object there.

# 40

BY MR. BAKER:

# 41 Q:

And you told Detective Vannatter that on September 15, 1994, that this statement from Nicole occurred in 1993. True?

# 42 MR. PETROCELLI:

Objection. Leading.

# 43 MS. FISCHMAN:

True.

# 44

BY MR. BAKER:

# 45 Q:

And that's not included in the statement form attached as Exhibit 158, is it?

# 46 MR. PETROCELLI:

Objection. Leading. Document speaks for itself.

# 47 MR. BREWER:

What statement? Also vague and ambiguous.

# 48 MS. FISCHMAN:

I'm sorry. There are too many-I don't understand now.

# 49 MR. PETROCELLI:

You are going to have to wait because I have a feeling a lot of these questions are going to be objectionable.

# 50 MS. FISCHMAN:

Okay.

# 51

BY MR. BAKER:

# 52 Q:

You told Detective Vannatter that Nicole told you this in 1993. True?

# 53 A:

True.

# 54 MR. PETROCELLI:

Objection. Leading.

You have to give us some time.

# 55 MS. FISCHMAN:

I'm sorry.

# 56

BY MR. BAKER:

# 57 Q:

And that doesn't appear in the document attached as Exhibit 158, does it?

# 58 MR. PETROCELLI:

Objection-

# 59 MR. BREWER:

Go ahead.

# 60 MR. PETROCELLI:

-leading.

Document speaks for itself-

# 61 MS. FISCHMAN:

True.

# 62 MR. PETROCELLI:

-object as ambiguous.

# 63 MS. FISCHMAN:

True. BY MR. BAKER:

# 64 Q:

Who is this [Name Deleted]guy that Nicole and Faye-

# 65 MR. KELLY:

Objection as to form. MR. BREWER: That's outrageous. BY MR. BAKER:

# 66 Q:

-saw in Cabo?

# 67 A:

Who is this [Name Deleted]guy?

# 68 Q:

Do you know who he is?

# 69 A:

No.

# 70 Q:

He made a threat to Nicole-

# 71 MR. PETROCELLI:

Objection.

# 72

BY MR. BAKER:

# 73 Q:

-in the Cabo trip in 1994. True?

# 74 MR. PETROCELLI:

Objection-

# 75 MS. FISCHMAN:

I don't-

# 76 MR. PETROCELLI:

-leading.

# 77 (Discussion held off the record.)

# 78 (Pending question read.)

# 79 MR. KRAMER:

Any other objections, or can we have the answer?

# 80 MS. FISCHMAN:

I don't remember.

# 81

BY MR. BAKER:

# 82 Q:

Well, did you testify yesterday that a person named [Name Deleted]threatened Nicole in Cabo in April of 1994?

# 83 MR. PETROCELLI:

Objection. Leading. Misstates her testimony.

# 84 MS. FISCHMAN:

I didn't say anything.

# 85

BY MR. BAKER:

# 86 Q:

Let me read to you what you told Mr. Viner on October 29th, 1994. Page 13 Dan.

"Oh, yeah, that's right. So they left, the boys left. She and Nicole--uh, Faye and Nicole were le-uh, stayed in Cabo and they went out...Apparently one of the- "Such as?

"I don't know. I don't know the last name."

And then there's an "Mmnh- mmnh.

"And uh-

"This is April of '94?

"Right, yeah.

"Mmnh. " And you say, "Came home. Then they'd be meeting with them at some point, threatening Nicole..." Do you recall saying that?

# 87 MR. KRAMER:

Do you have the question in mind? Do you recall saying that in your interview with Mr. Viner?

# 88 MS. FISCHMAN:

I don't remember that.

# 89

BY MR. BAKER:

# 90 Q:

You don't recall-

# 91 A:

I don't recall.

# 92 Q:

-hearing that anyone threatened Nicole in Cabo in April of 1994?

# 93 A:

Yes, I don't recall that.

# 94 Q:

Who is [Name Deleted]?

# 95 A:

Nicole's friend.

# 96 Q:

By the way, how many times a week would you see Nicole in the last six months of her life on average?

# 97 A:

On average? Oh, boy, almost every day.

# 98 Q:

How many times would you say [Name Deleted] saw her on average per week?

# 99 A:

Per week? Over the last six weeks, she was there more often.

# 100 Q:

Do you know what [Name Deleted] did for a living?

# 101 A:

She is an actress.

# 102 MR. PETROCELLI:

Objection as to time. Vague as to time.

# 103

BY MR. BAKER:

# 104 Q:

Prior to her death, in about May of 1994 do you know what [Name Deleted] did for a living?

# 105 A:

Yes.

# 106 Q:

What was that?

# 107 A:

She's an actress. And actually she didn't have a job. She was like an aspiring actress.

# 108 Q:

She didn't have a job in the spring of 1994?

# 109 A:

I don't think so.

# 110 Q:

How about [Name Deleted]? Have you ever heard that name before?

# 111 MR. PETROCELLI:

How do you spell the last name, Phil?

# 112 MR. BAKER:

[Name Deleted]

# 113 MS. FISCHMAN:

[Name Deleted]. Yes.

# 114

BY MR. BAKER:

# 115 Q:

Who is she?

# 116 A:

She's Keith-Keith's girlfriend.

# 117 Q:

Was she a friend of Nicole's?

# 118 A:

Not really, but Nicole gave an engagement party for Keith and Alex.

# 119 Q:

And when was this engagement party?

# 120 A:

When? Oh, God, they were still on Gretna Green, so must be somewhere around 1993.

# 121 Q:

Do you know what Alex did for a living?

# 122 A:

She was a call girl.

# 123 Q:

Do you know who-

# 124 A:

Nicole called her "the Heidi Fleiss call girl."

# 125 Q:

Did you see Alex with Nicole in 1994?

# 126 A:

Yes.

# 127 Q:

How many times a week would you say Alex saw Nicole in the spring of 1994?

# 128 A:

I'd say, I don't know, three times.

# 129 Q:

What about [Name Deleted] Shahian? What did she do for a living in the spring of 1994?

# 130 A:

Spring of 1994?

# 131 (Nods head.)

# 132 A:

She didn't have a job. She was working , part-time for a travel agent, a friend's travel agent.

# 133 Q:

Do you know what she does now?

# 134 A:

She works for Michael Viner.

# 135 Q:

Have you spoken to [Name Deleted] lately?

# 136 A:

No.

# 137 Q:

Did [Name Deleted] ever recommend to you that you should sell your stories to tabloids?

# 138 MR. PETROCELLI:

Objection. Leading.

# 139 MS. FISCHMAN:

At some point, yes, she told me-that's how this Michael Viner came out.

# 140

BY MR. BAKER:

# 141 Q:

[Name Deleted] recommended that you-

# 142 A:

[Name Deleted] and [Name Deleted].

# 143 Q:

[Name Deleted] also recommended that you-

# 144 A:

Yes.

# 145 MR. KRAMER:

Let him finish his question.

# 146 MS. FISCHMAN:

Okay. I'm sorry.

# 147

BY MR. BAKER:

# 148 Q:

[Name Deleted] also recommended to you to see Michael Viner?

# 149 A:

[Name Deleted] and [Name Deleted].

# 150 Q:

Do you know if [Name Deleted] made any money from tabloids?

# 151 A:

[Name Deleted] told me that [Name Deleted] was paid money to authenticate Faye's book. Actually, [Name Deleted] authenticated Faye's book, too.

# 152 Q:

Did they ever tell you how much they made?

# 153 A:

[Name Deleted] told me 100,000.

# 154 Q:

Each?

# 155 A:

I don't know, but that's what...

# 156 Q:

How about Keith Zlomsowitzh? What did he do for a living in the spring of 1994?

# 157 A:

Keith?

# 158 (Nods head.)

# 159 A:

Keith was-they were setting up like a manager for Monkey Bar, that restaurant Monkey Bar.

# 160 Q:

Did you ever see Keith do any drugs?

# 161 A:

No, I didn't see, but Nicole-they -they were doing drugs on Gretna Green.

# 162 Q:

Nicole and Keith were doing drugs together?

# 163 A:

That I don't know.

[Question Deleted]

# 164 MR. PETROCELLI:

Objection. Leading.

# 165 MS. FISCHMAN:

Yes.

# 166

BY MR. BAKER:

# 167 Q:

What did she say, if you recall?

# 168 A:

She said that-that Keith is doing, you know, cocaine a lot.

# 169 Q:

Did she ever tell you that Keith was a drug dealer?

# 170 MR. PETROCELLI:

Objection. Leading.

# 171 MS. FISCHMAN:

No, I don't know.

# 172

BY MR. BAKER:

# 173 Q:

Did you ever see [Name Deleted] do any drugs?

# 174 A:

No.

# 175 Q:

Did you ever hear that she did any drugs?

# 176 A:

Yes.

# 177 Q:

Who told you that? .

# 178 A:

She told me.

# 179 Q:

What did she tell you?

# 180 A:

Well, she said to me that that's how she tries to lose weight, and- and even Nicole told me that, you know, she had her days when she was really coked out.

# 181 Q:

How many times did Nicole tell you this?

# 182 A:

Several times. Many times.

# 183 Q:

Was Candice Garvey a good friend-

# 184 A:

No.

# 185 Q:

-of Nicole?

# 186 A:

No.

# 187 Q:

How many times per week would you say that Candice Garvey saw Nicole in the spring of 1994?

# 188 A:

How many weeks?

# 189 Q:

How many times a week?

# 190 A:

Oh, zero. I mean...

# 191 Q:

They weren't good friends at all, were they?

# 192 A:

No.

# 193 MR. PETROCELLI:

Objection. Leading.

# 194 MR. BAKER:

Did you get her answer, Dave?

# 195 THE REPORTER:

Yes.

# 196

BY MR. BAKER:

# 197 Q:

Do you know what she did for a living in the spring of 1994; Candice Garvey, that is?

# 198 A:

No.

# 199 Q:

Now, your children and Sydney and Justin have been good friends throughout their life. True?

# 200 MR. PETROCELLI:

Objection. Leading.

# 201 MS. FISCHMAN:

Since Sydney and Leslie were three and a half years old.

# 202

BY MR. BAKER:

# 203 Q:

And when OJ. was incarcerated, you wanted your children to still see Justin and Sydney socially, didn't you?

# 204 MR. PETROCELLI:

Objection. Leading.

# 205 MS. FISCHMAN:

Yes.

# 206

BY MR. BAKER:

# 207 Q:

And Juditha Brown would not allow that. True?

# 208 MR. PETROCELLI:

Objection. Leading.

# 209 MS. FISCHMAN:

True.

# 210

BY MR. BAKER:

# 211 Q:

Why wouldn't she allow that? Did she ever communicate that to you?

# 212 MR. PETROCELLI:

Objection. Leading.

# 213 MS. FISCHMAN:

Because she told me during the time in I think it was August, she said to me, "Cora, if you ever speak to OJ., I'll never talk to you ever again."

# 214

BY MR. BAKER:

# 215 Q:

Beginning of August of '94?

# 216 A:

Yes.

# 217 Q:

Did Nicole ever tell you that Faye Resnick did drugs?

# 218 A:

Yes.

# 219 Q:

What did she say?

# 220 A:

That Faye was a drug addict, and even [Name Deleted] told me that. Actually, [Name Deleted] was the first one who told me about Faye. She told me-this was the time that [Name Deleted] told me that-you know, "You have to watch out for Faye." Everybody called her "Faye the fake" and that she's- you know, she's a drug addict, substance abuse addict, too.

# 221 MR. PETROCELLI:

Move to strike as non-responsive.

# 222

BY MR. BAKER:

# 223 Q:

Why did they call her "Faye the fake"?

# 224 A:

Because she's-as [Name Deleted] said, that she's a-she's fake. Even Nicole said that, too. You know, "I don't trust her, but she's my friend," you know.

# 225 Q:

Nicole said she didn't trust Faye?

# 226 A:

Yeah, she didn't trust Faye. She said, "And I don't trust [Name Deleted]. I don't know what they will do," but at some point Nicole said to me, you know, "We were better off just the two of us."

# 227 Q:

Was she concerned about Faye's lifestyle?

# 228 MR. PETROCELLI:

Objection. Leading.

# 229 MS. FISCHMAN:

She didn't like Faye's lifestyle, yes.

# 230

BY MR. BAKER:

# 231 Q:

And what was that lifestyle?

# 232 A:

She's a very-Nicole called her and [Name Deleted] called her "the high-maintenance woman..

# 233 Q:

What did they mean by that?

# 234 A:

That they're out there to get wealthy men.

# 235 Q:

Do you think that Faye was taking advantage of Nicole in the spring of '94?

# 236 MR. PETROCELLI:

Objection. Leading.

# 237 MS. FISCHMAN:

Do I think?

# 238

BY MR. BAKER:

# 239 Q:

Did you think?

# 240 A:

I thought, yes.

# 241 Q:

Why did you think that?

# 242 A:

Because at that time Faye was panicking. She didn't have-she doesn't have Christian; Christian threw her out of the house, she didn't have any money; Paul would not accept her anymore, and she was panicking.

# 243 Q:

That's Paul Resnick?

# 244 A:

Yes, Paul Resnick.

# 245 Q:

Did-Faye moved in with Nicole. Right?

# 246 A:

Pretty much, yes.

# 247 Q:

Did Nicole ever talk to you about Faye moving in with her?

# 248 A:

No.

# 249 Q:

She never-did she ever say she was uncomfortable with Faye moving in with her?

# 250 MR. PETROCELLI:

Objection. Leading.

# 251 MS. FISCHMAN:

No.

# 252

BY MR. BAKER:

# 253 Q:

Did Nicole ever say that she did drugs with Faye?

# 254 A:

No.

# 255 Q:

She just said that Faye did drugs?

# 256 MR. PETROCELLI:

Objection. Leading.

# 257 MS. FISCHMAN:

Yes.

# 258

BY MR. BAKER:

# 259 Q:

How did she say it?

# 260 A:

She said, you know, I'm worried about Faye. She's just taking too much of the painkiller," because she had breast implants. And actually that started the-this whole thing with the substance abuse, because she was taking I think-I don't know, Percocet or whatever the pain killer was, she was taking too much of that.

# 261 Q:

Percodan?

# 262 A:

I don't know, but it's a pain killer.

# 263 Q:

And Faye was taking that?

# 264 A:

Yes.

# 265 Q:

Did you attend this intervention for Faye?

# 266 A:

Did I?

# 267 (Nods head.)

# 268 A:

No.

# 269 Q:

Were you invited to this intervention?

# 270 A:

No. _

# 271 Q:

Did anybody ever tell you about this intervention?

# 272 A:

No. You have to understand, Nicole knows I don't like Faye, and she knew about that, so...

# 273 Q:

Did Nicole think that Faye could be bought?

# 274 A:

Uh-huh. MR. PETROCELLI: Objection. Leading.

# 275 MS. FISCHMAN:

She actually said that, "I'm afraid that Faye can be bought."

# 276

BY MR. BAKER:

# 277 Q:

What did you take that to mean?

# 278 A:

That she was going on OJ.'s side.

# 279 Q:

Did Nicole ever tell you that she distrusted Faye?

# 280 A:

Yes.

# 281 MR. PETROCELLI:

Objection. Leading.

# 282

BY MR. BAKER:

# 283 Q:

When did she tell you that?

# 284 A:

That time when this whole thing about the sports spectacular.

# 285 Q:

Were you jogging with Nicole during that week when Faye-or couple weeks, whatever, when Faye was living at Gretna Green-or at Bundy, rather?

# 286 A:

Yes.

# 287 MR. PETROCELLI:

Objection. Lack of foundation. Misstates her testimony.

# 288

BY MR. BAKER:

# 289 Q:

Did she talk about Faye during those jogging trips?

# 290 A:

I would say yes.

# 291 Q:

What would she say?

# 292 A:

That she's worried about Faye and that she's taking too much Perco-whatever, pain killer. I'm not sure what it is.

# 293 Q:

Were you worried about the people Nicole was hanging out with in the spring of 1994?

# 294 MR. PETROCELLI:

Objection. Leading, vague, ambiguous, lack of foundation.

# 295 MS. FISCHMAN:

I wasn't worried, no.

# 296

BY MR. BAKER:

# 297 Q:

Were you concerned for her?

# 298 MR. PETROCELLI:

Same objections.

# 299 MS. FISCHMAN:

Yes, I was concerned.

# 300

BY MR. BAKER:

# 301 Q:

Why were you concerned?

# 302 A:

At that time Nicole was leading like a dangerous life. I mean, she was coming on to guys; she was, you know, doing these things with Faye, and I was worried about her.

KEY QUOTE

# 303 Q:

When you talked to Michael Viner, you said on "And that-that's Nicole, Nicole wasn't really into those things. And I think because with the drugs and this thing and alcohol, I don't know what happened to Nicole . . . And If eel that led her to her death." Do you remember saying that?

# 304 A:

Could you repeat that again, please?

# 305 Q:

Sure. I'm sorry. Page l6 of your statement with Michael Viner-

Did we attach this?

# 306 MR. PETROCELLI:

I did not attach it.

# 307 MR. BAKER:

Okay, why don't we attach it as the next one in line.

# 308 MR. KRAMER:

The entire exhibit?

# 309 MR. BAKER:

Sure.

# 310 MR. KRAMER:

Let me just ask whether there is-I have not seen this before. It has "Confidential" stamped on it. I don't know whether this transcript is sealed confidential and whether this is-

# 311 MR. PETROCELLI:

This is not a sealed confidential transcript.

# 312 MR. KRAMER:

So this will become part of the public domain, this confidential report?

# 313 MR. BAKER:

Well, it's-

# 314 MS. FISCHMAN:

I signed it-Michael Viner signed that.

# 315 MR. PETROCELLI:

That's just a standard D.A.

# 316 MR. BAKER:

Every document has it produced by the D.A. from what I have seen.

# 317 MR. KRAMER:

Well, if there is-

# 318 MR. PETROCELLI:

I have no objection to it being included, and I think it probably should.

# 319 MR. KRAMER:

And I-my preference is for it not to be there because this was an interview that my client gave with the cloak of confidentiality at the time.

# 320 MR. BAKER:

Okay. Well, I have no- I won't mark it if it concerns you, and I will just continue to refer to it.

# 321 MR. KRAMER:

Please, that's our preference.

# 322 MR. BREWER:

Well, it should be marked. It's been referred to, it's been identified, and irrespective of counsel's concerns, every single document from the D A. has that stamp, and it's a public record, and we ought to mark it as an exhibit. If you want to not attach it to the deposition transcript, that's fine.

# 323 MR. BAKER:

Okay.

# 324 MR. KRAMER:

I appreciate that as a matter of courtesy. If you are willing to do that, that's great. We will just do that.

# 325 MR. BAKER:

What's the next-

# 326 MR. PETROCELLI:

Well, I would-

# 327 MR. BAKER:

What's the next exhibit number?

# 328 THE REPORTER:

164.

# 329 MR. PETROCELLI:

I don't know why it shouldn't be included as an exhibit. I think it should be included.

# 330 MR. KELLY:

Attach it.

# 331 MR. PETROCELLI:

Exhibit 164. You've been overruled.

# 332 MR. BREWER:

You've been overruled. Attach it.

# 333 MR. KELLY:

I am going to if you don't.

# 334 MR. KRAMER:

I will lodge my objection based on Article I, Section 1, of the California Constitution for privacy rights, and before this is-the transcript is completely done, I have procedures that I can do, and I don't know whether I'll do them.

# 335 MR. KELLY:

This is the Viner manuscript where she gave an interview for commercial purposes?

# 336 MR. KRAMER:

This is an interview that she gave with certain confidentiality restrictions placed to it.

# 337 MS. FISCHMAN:

Yeah.

# 338 MR. KRAMER:

So that's right. So I am lodging that objection, and I will confer with my client at some point between now and then.

# 339 MR. BAKER:

Until then we will mark it as Exhibit 164. It will not be attached to the record pending discussions at the close of this deposition.

# 340 MR. PETROCELLI:

That's not agreed to.

# 341 (Defendant's Exhibit 164 was marked for identification by the reporter and is attached hereto.)

# 342

BY MR. BAKER:

# 343 Q:

Nonetheless, on page 16-or actually-

# 344 MR. PETROCELLI:

Do you have copies of it?

# 345 MR. KELLY:

Uh-uh.

# 346 MR. PETROCELLI:

You want some?

# 347 MR. KELLY:

Sure. I'll need them eventually.

# 348

BY MR. BAKER:

# 349 Q:

On page 16, line 10, you say:

"And that-that's Nicole. Nicole wasn't really into those things. And I think because with the drugs and this thing and alcohol, I don't know what happened to Nicole . . . And I feel that led"-that that led her to her death." Do you remember saying that?

# 350 A:

Yes.

# 351 Q:

What did you mean by that?

# 352 A:

What do I mean by that? She was doing-she was drinking too much and her association with Faye. That's pretty much.

# 353 Q:

And you were concerned for her safety. True?

# 354 MR. PETROCELLI:

Objection. Leading.

# 355 MS. FISCHMAN:

Yes.

# 356

BY MR. BAKER:

# 357 Q:

And that's why you went to talk to OJ. about going to Florida. Isn't that true?

# 358 MR. PETROCELLI:

Objection. Leading.

# 359 MS. FISCHMAN:

True.

# 360

BY MR. BAKER:

# 361 Q:

And when you took that walk around the block with OJ. over at Rockingham, you said that you thought it was best that OJ. take Nicole and the kids, and move to Florida. True?

# 362 MR. PETROCELLI:

Objection. Leading.

# 363 MS. FISCHMAN:

True.

# 364

BY MR. BAKER:

# 365 Q:

And that was because you were concerned about her safety, and you thought that OJ. could protect her. True?

# 366 MR. PETROCELLI:

Objection. Leading.

# 367 MS. FISCHMAN:

True.

# 368

BY MR. BAKER:

# 369 Q:

And at that time OJ. told you that he was currently dating Paula. True?

# 370 MR. PETROCELLI:

Objection. Leading.

# 371 MS. FISCHMAN:

True.

# 372

BY MR. BAKER:

# 373 Q:

And you thought OJ. was the best person to protect her at that time, didn't you? .

# 374 MR. PETROCELLI:

Objection. Leading.

# 375 MS. FISCHMAN:

At that time, yes, because they wanted to-you know, I thought that they could get back together again.

# 376

BY MR. BAKER:

# 377 Q:

In 1992 was Nicole receiving threatening phone calls?

# 378 A:

Yes.

# 379 Q:

This was in the calendar year of 1992?

# 380 A:

Yes.

# 381 Q:

Did she tell you about those phone calls?

# 382 A:

Yes. Every day someone was calling, calling her up like three, four times a day, and pretty much an obscene phone call.

# 383 Q:

And this is when she moved into Gretna Green?

# 384 A:

Yes

# 385 Q:

Did she ever tell you that she was fearful because of these phone calls? MR. PETROCELLI: Objection. Leading.

# 386 MS. FISCHMAN:

Yes.

# 387

BY MR. BAKER:

# 388 Q:

Did she ever file a police report?

# 389 A:

Yes.

# 390 Q:

When did she file the police report, if you know?

# 391 A:

During the time when she was worried about her safety. I don't know the time frame.

# 392 Q:

Did she tell you that Detective Fuhrman and Phillips were the investigating officers during those phone calls?

# 393 MR. PETROCELLI:

Objection. Leading.

# 394 MS. FISCHMAN:

I don't know. BY MR. BAKER:

# 395 Q:

The police found a suspect, didn't they?

# 396 MR. PETROCELLI:

Objection. Leading.

# 397 MS. FISCHMAN:

Yes. BY MR. BAKER:

# 398 Q:

And they identified one person who they believed were making the phone calls. True?

# 399 MR. PETROCELLI:

Objection. Leading.

# 400 MS. FISCHMAN:

True.

# 401

BY MR. BAKER:

# 402 Q:

And that was not OJ. Simpson. True?

# 403 MR. PETROCELLI:

Objection. Leading.

# 404 MS. FISCHMAN:

True.

# 405

BY MR. BAKER:

# 406 Q:

And in fact Nicole asked OJ. to keep an eye on her because of these phone calls. True?

# 407 MR. PETROCELLI:

Objection. Leading.

# 408 MS. FISCHMAN:

True.

# 409

BY MR. BAKER:

# 410 Q:

She was concerned about her safety, and she was concerned about the safety of her children. True?

# 411 MR. PETROCELLI:

Objection. Leading.

# 412 MS. FISCHMAN:

True. Actually, Nicole spoke to that guy.

# 413

BY MR. BAKER:

# 414 Q:

Nicole spoke to the caller?

# 415 A:

The caller.

# 416 Q:

When did she speak to the caller?

# 417 A:

That-when the guy was investigated. I mean when they found the guy.

# 418 Q:

What did she say to him?

# 419 A:

She said, "You have to stop calling me."

# 420 Q:

Did she call him up?

# 421 A:

No. I think the guy called again.

# 422 Q:

The guy called after the police had already arrested him.'

# 423 A:

Yes.

# 424 Q:

And what did she say?

# 425 A:

No, not arrested. The guy called during the time. She says, you know "You can't call here. I know you, I know where you live, and I know who you are."

# 426 Q:

Is that before she lodged the police report?

# 427 A:

Before what?

# 428 Q:

Before she lodged a police report, if you know?

# 429 A:

No. That was already when it was -when she reported to the police.

# 430 Q:

And as far as you know, the calls ceased after that?

# 431 A:

As far as I know, yes.

# 432 Q:

In 1993 before the reconciliation Nicole wanted to get back with OJ. Isn't that true?

# 433 MR. PETROCELLI:

Objection. Leading.

# 434 MS. FISCHMAN:

Yes.

# 435

BY MR. BAKER:

# 436 Q:

And OJ. was dating Paula at that point. True?

# 437 MR. PETROCELLI:

Objection. Leading.

# 438 MS. FISCHMAN:

True.

# 439

BY MR. BAKER:

# 440 Q:

And Paula-or Nicole told you that she would go anywhere with OJ. True?

# 441 MR. PETROCELLI:

Objection. Leading.

# 442

BY MR. BAKER:

# 443 Q:

Nicole told you that she would go anywhere with OJ. in 1993. True?

# 444 MR. PETROCELLI:

Objection. Leading.

# 445 MS. FISCHMAN:

True.

# 446

BY MR. BAKER:

# 447 Q:

And she actually put that in a letter to OJ. True?

# 448 MR. PETROCELLI:

Objection. Leading.

# 449 MS. FISCHMAN:

True.

# 450

BY MR. BAKER:

# 451 Q:

I want to get the dating chronology accurately. When she moved out of Rockingham, she was dating Alessandro. Correct?

# 452 A:

Correct.

# 453 MR. PETROCELLI:

Objection. Leading.

# 454

BY MR. BAKER:

# 455 A:

It was pretty much [Name Deleted].

# 456 Q:

And then subsequently she started dating Keith Zlomsowitzh?

# 457 A:

Yes.

# 458 Q:

And how did that relationship end?

# 459 A:

How did that end? She basically stopped seeing-well, they still saw each other, but stopped having sex when Nicole got back from Cabo and she started seeing [Name Deleted].

# 460 Q:

When is this? 1992? 1993?

# 461 A:

1992. May of '92, must be around that time.

# 462 Q:

Do you know how they broke up? Did she tell him'

# 463 A:

Who?

# 464 Q:

Did Nicole tell Keith the relationship was over?

# 465 A:

Why they broke up?

# 466 Q:

No. How-when did it break up, or how did it break up?

# 467 A:

How? Because Nicole found [Name Deleted]. Really, Nicole was not really attracted to Keith. As Nicole said, "I just used Keith for sex," because she was very-she was very lonely at that time, and she-and Keith was there.

# 468 Q:

How long did she go out with Keith?

# 469 A:

I would say two months.

# 470 Q:

Did she tell you when she told Keith the relationship was over?

# 471 A:

She didn't tell me, but pretty much when she got back from Cabo, Keith was heartbroken because she told him about [Name Deleted], that she had-she slept with [Name Deleted].

# 472 Q:

She slept with [Name Deleted] in Cabo?

# 473 A:

In Cabo.

# 474 Q:

Was Keith upset when she told-

# 475 A:

Keith was very upset. Keith was in love with her, with Nicole.

# 476 Q:

And they broke up in May of 1992?

# 477 A:

Around that, yes.

# 478 Q:

Did they ever see each other after that?

# 479 A:

They remained friends, yes.

# 480 Q:

Anything more than friends after May of 1992, as far as you know?

# 481 A:

I don't know.

# 482 Q:

How long did she date [Name Deleted]?

# 483 A:

Not that long, because [Name Deleted] was living with another woman before.

# 484 Q:

Was he married?

# 485 A:

What?

# 486 Q:

Was [Name Deleted] married?

# 487 A:

No.

# 488 Q:

He was living with another woman when Nicole and he were dating?

# 489 A:

Yes.

# 490 Q:

How long did she go out with [Name Deleted]?

# 491 A:

How long? Not that long.

# 492 Q:

And who broke up with whom?

# 493 A:

At that time it was Nicole.

# 494 Q:

Did she tell you how she broke up with him?

# 495 A:

Because she said that "I will not go out with a man with another"-you know, "with another woman."

# 496 Q:

Did she tell you when that was?

# 497 A:

I would say around July.

# 498 Q:

July of 1993 or 1992?

# 499 A:

1994-no, no, can't be. I think they went out for about six months.

# 500 Q:

And then subsequently she started dating [Name Deleted]?

# 501 A:

Okay. Wait. Now I'm getting confused with tine here. When did they get their divorce? October?

# 502 Q:

October of i992.

# 503 A:

1992. So May, June, July, August. Yeah, it was August, September. Okay. Till September the relationship with [Name Deleted] fell apart, and then from October she started going out with [Name Delete].

# 504 Q:

Was [Name Deleted] married at this point?

# 505 A:

At this point?

# 506 (Nods head.)

# 507 A:

No.

# 508 Q:

Was he ever married when he was dating Nicole?

# 509 A:

No, I don't know, so...

# 510 Q:

How long did she go out with [Name Deleted]?

# 511 A:

I would say three months. October, November, December, yeah.

# 512 Q:

Then she started going out with [Name Deleted]?

# 513 A:

'93, yeah. She met [Name Deleted]in Aspen.

# 514 Q:

And how long did she go out?

# 515 A:

How long?

# 516 Q:

With [Name Deleted].

# 517 A:

I would say they actually went out only twice.

# 518 Q:

Subsequently, she started going back out with OJ. True?

# 519 MR. PETROCELLI:

Objection. Leading.

# 520 MS. FISCHMAN:

Yes, right. That's January, right.

# 521

BY MR. BAKER:

# 522 Q:

And then in 1994 she had sex with a person by the name of [Name Deleted], and she was seeing Marcus Allen as well. True?

# 523 A:

True.

# 524 Q:

And yesterday Mr. Petrocelli was referring to parties at OJ.'s, OJ.'s house.

# 525 A:

Yes.

# 526 Q:

When he was asking you about parties, it seemed like the terminology was somewhat confusing.

# 527 Q:

When you've been over there and- there has been a group of people over there. True?

# 528 A:

True

# 529 MR. PETROCELLI:

Objection. Object to your predicate as-

# 530 MS. FISCHMAN:

True.

# 531 MR. PETROCELLI:

-"parties" being confusing, lacks foundation, leading.

# 532

BY MR. BAKER:

# 533 Q:

Have you been to any formal parties with OJ. since his acquittal in October?

# 534 A:

No.

# 535 Q:

And so when you've gone over to his house to pick up your children, there have been family members and various friends, but nothing you would describe as a party. True?

# 536 MR. PETROCELLI:

Objection. Leading.

# 537 MS. FISCHMAN:

True.

# 538

BY MR. BAKER:

# 539 Q:

About this interview you had with Michael Viner and representatives of the National Enquirer, the National Enquirer representatives would have paid you money for your story. True?

# 540 A:

True.

# 541 Q:

But you decided against that. True?

# 542 A:

True.

# 543 MR. PETROCELLI:

Objection. Leading.

# 544

BY MR. BAKER:

# 545 Q:

Why?

# 546 A:

Because I told Michael Viner, "I really don't want the tabloid. If we could avoid National Enquirer, I would like to do really another-you know, through a magazine, a decent magazine." And Michael Viner knew that, and he told me he's going to try Vanity Fair or, you know, like People Magazine, a much better, you know, tasteful magazine than National Enquirer.

# 547 Q:

Do you know if he ever did that?

# 548 A:

If they ever did that? No.

# 549 Q:

If he ever did that, if he ever offered the story to People or Vanity Fair.

# 550 A:

I don't know.

# 551 Q:

Now, yesterday earlier in the day Mr. Petrocelli asked you if Nicole had ever said that different people would kill her, and you said yes.

# 552 MR. PETROCELLI:

Objection.

# 553

BY MR. BAKER:

# 554 Q:

Do you recall that?

# 555 MR. PETROCELLI:

Misstates her testimony.

# 556 MS. FISCHMAN:

Yes.

# 557 MR. PETROCELLI:

She said the only person who ever said he would kill her was OJ. Simpson.

# 558

BY MR. BAKER:

# 559 Q:

Did Nicole ever tell you that her mother would kill her?

# 560 MR. PETROCELLI:

Objection. Leading question.

# 561 MS. FISCHMAN:

Yes.

# 562

BY MR. BAKER:

# 563 Q:

Did she ever tell you that Faye Resnick might kill her?

# 564 MR. PETROCELLI:

Objection. Leading question.

# 565 MS. FISCHMAN:

Yes.

# 566

BY MR. BAKER:

# 567 Q:

Anybody else?

# 568 A:

That's pretty much-she used "kill" as a figure of speech. That's why, you know, she kinda used that as-you know, it's like an expression.

# 569 MR. PETROCELLI:

Move to strike as non-responsive.

# 570

BY MR. BAKER:

# 571 Q:

And when Nicole told you that OJ. might kill her if she-if he sees her with another men, that occurred in 1993. True?

# 572 MR. PETROCELLI:

Objection. Leading.

# 573 MS. FISCHMAN:

True.

# 574

BY MR. BAKER:

# 575 Q:

And were there any other times since the 1993 comment that she said that OJ. might kill her?

# 576 MR. PETROCELLI:

Objection. Leading.

# 577 MS. FISCHMAN:

Yes.

# 578

BY MR. BAKER:

# 579 Q:

How many times?

# 580 A:

Oh, you mean like she says, "OJ.'s gonna kill men? Yeah, she's mentioned that, you know, like if she did something wrong or she went out, she says, "Oh, God, OJ.'s gonna kill me if he finds out."

# 581 Q:

She used it as a figure of speech. True?

# 582 MR. PETROCELLI:

Objection. Leading.

# 583

THE WITNESS: I thought so, yeah. (Discussion held off the record.)

# 584

BY MR. BAKER:

# 585 Q:

You've read what is attached as Exhibit 157. True?

# 586 A:

True.

# 587 Q:

And that refers to an interview you had with Detective Payne on June 24th, 1994. True?

# 588 A:

True, yes.

# 589 Q:

And you were completely honest and accurate when you were answering his questions on that date. True?

# 590 A:

True.

# 591 Q:

Have any other tabloids, other than the National Enquirer by way of Mr. Viner or the Star, offered you money for your story?

# 592 A:

All these people have offered money.

# 593 Q:

A lot of tabloids have offered you money?

# 594 A:

Yeah. Star has offered me at that time 100,000 if they give me-my story, and I refused.

# 595 Q:

Is this in June of 1994?

# 596 A:

Around that time, yes. And all the tabloids, you know, "American Journal," and all those people.

# 597 Q:

How much has the "American Journal" offered you?

# 598 A:

Oh, they offered me money to talk.

# 599 Q:

Why didn't you?

# 600 A:

At that time I didn't want to talk about-I thought I was betraying my friendship with Nicole.

# 601 Q:

Now, Mr. Petrocelli showed you some pictures of keys attached as exhibits 162 and 163.

# 602 A:

Yeah.

# 603 MR. KRAMER:

The exhibits to the deposition are in front of the witness.

# 604

BY MR. BAKER:

# 605 Q:

Are you a hundred percent positive those are the keys on Exhibit 163 that Nicole maintained?

# 606 MR. PETROCELLI:

Objection. Leading-

# 607 MR. KELLY:

Objection as to form.

# 608 MR. PETROCELLI:

-argumentative.

# 609 MS. FISCHMAN:

No. A hundred percent, no.

# 610 MR. PETROCELLI:

She indicated...

# 611

BY MR. BAKER:

# 612 Q:

The key that she used to use when she went jogging had one or two keys on one single key ring. True?

# 613 MR. PETROCELLI:

Objection. Leading.

# 614 MS. FISCHMAN:

One single key ring, yes.

# 615

BY MR. BAKER:

# 616 Q:

Now, there has been some reference in some interviews that Nicole told you that OJ. was following her. How many times did Nicole tell you that OJ. was following her?

# 617 A:

How many times?

# 618 MR. PETROCELLI:

Objection. Misstates her testimony. She said Nicole -she said OJ. was following, not just Nicole said. She observed it also.

# 619

BY MR. BAKER:

# 620 Q:

Well, you mentioned three incidents: You've mentioned two incidents in 1992 end an incident in 1994.

# 621 A:

Yes.

# 622 Q:

In 1992 the sum total of the incident was that Nicole was sitting at a table; OJ. walked by, made one comment to her and turned around and walked to the bar. True?

# 623 MR. PETROCELLI:

Objection. Leading.

# 624 MR. BREWER:

And the men scattered. Go ahead.

# 625 MR. KELLY:

A number of them.

# 626 MR. PETROCELLI:

You forgot all the men running for their lives.

# 627 MR. BAKER:

Did you get that answer?

# 628 MS. FISCHMAN:

True.

# 629 MR. PETROCELLI:

Objection. It's argumentative and it's leading.

# 630

BY MR. BAKER:

# 631 Q:

And the other incident in 1992 where he was purportedly following her is when he walked into Tryst and you believe saw her, turned around and left. True?

# 632 MR. PETROCELLI:

Objection. Leading.

# 633 MS. FISCHMAN:

True.

# 634 MR. PETROCELLI:

She said nothing about purported.

# 635

BY MR. BAKER:

# 636 Q:

And in 1994 the only incident you know of is that Nicole told you that she might have seen OJ.'s car behind her. True?

# 637 MR. PETROCELLI:

Objection. Leading-

# 638 MR. KELLY:

Might have?

# 639 MR. PETROCELLI:

-misstates her testimony.

# 640 MS. FISCHMAN:

True.

# 641 MR. BAKER:

Why don't we take a five-minute break, and I'll wrap it up.

# 642 MR. PETROCELLI:

Okay, thanks.

THEVIDEOGRAPHER: This is the end of tape No. 2 of Volume 11. The time is approximately 3:37, and we are off the record.

# 643 (Recess )

# 644

BY MR. BAKER:

# 645 Q:

Miss Fischman, do you know about a car accident that Faye Resnick and Nicole were involved in January of 1994?

# 646 A:

Yes.

# 647 Q:

What do you know about that?

# 648 A:

They were on Sunset Boulevard, and they-Nicole was trying to light something and give it to Faye, and apparently Nicole said that she didn't see the car, and so there was a car accident. There was a-she hit the BMW that was in front of the car.

# 649 Q:

Do you know-

# 650 A:

It was totaled.

# 651 Q:

Do you know what she was trying to light?

# 652 A:

At the time she-they were doing, what do you call this, drugs.

# 653 Q:

She was trying to light drugs?

# 654 A:

Yeah.

# 655 Q:

Do you know who took-

# 656 A:

This drug, you know, marijuana-? I don't know.

# 657 MR. KELLY:

Percodan?

# 658 MS. FISCHMAN:

I don't know. Cocaine. I don't know.

# 659

BY MR. BAKER:

# 660 Q:

Do you know who took responsibility for that accident?

# 661 A:

Well, what happened was they were so drunk that evening-that evening that Nicole was afraid to take the sobriety test, so what Faye did was Faye said, "I will take the sobriety test. I can make it.. So she did pass the sobriety test, and from then on Nicole owed her life to Faye.

# 662 Q:

Now, did Nicole tell you this story?

# 663 A:

Nicole told me and Faye told me.

# 664 Q:

There have been some reports that you have been or are dating Mr. Simpson. Those are completely untrue?

# 665 A:

Untrue.

# 666 MR. PETROCELLI:

Objection. Leading the witness.

# 667

BY MR. BAKER:

# 668 Q:

You've never dated OJ. Simpson.

# 669 MR. PETROCELLI:

Leading the witness.

# 670 MS. FISCHMAN:

That is so untrue.

# 671

BY MR. BAKER:

# 672 Q:

And it's simply a figment of the tabloids. True?

# 673 A:

True.

# 674 MR. PETROCELLI:

Objection. Lead-ing the witness.

# 675

BY MR. BAKER:

# 676 Q:

You were Nicole's best friend for four

years. True?

# 677 A:

True.

# 678 MR. PETROCELLI:

Leading.

# 679

BY MR. BAKER:

# 680 Q:

And you observed her relationship with OJ. better than anyone. True?

# 681 A:

So far as I know, yes.

# 682 Q:

And you don't believe OJ. Simpson killed Nicole Simpson. True?

# 683 MR. PETROCELLI:

Objection. Leading.

# 684 MS. FISCHMAN:

Yes, true.

# 685 MR. BAKER:

I've got nothing further.

# 686 MR. KELLY:

You want to go ahead? Are you only going to be like a half hour?

# 687 MR. BREWER:

Yeah, I'll go.

# 688

EXAMINATION

Temperature

tense

Key Quotes (5)

Cora Fischman

She used 'kill' as a figure of speech. That's why, you know, she kinda used that as-you know, it's like an expression.

Directly undermines the prosecution's central domestic violence threat — the 'I'll kill you' statement to Nicole — by contextualizing it as non-literal language Nicole herself used casually.

Cora Fischman

Yes, true.

In response to Baker asking 'You don't believe OJ. Simpson killed Nicole Simpson. True?' — Nicole's self-described best friend of four years affirming she believes OJ is innocent is the culminating moment of the entire cross.

Cora Fischman

She actually said that, 'I'm afraid that Faye can be bought.' ... That she was going on OJ.'s side.

Nicole's own words expressing fear that Faye Resnick could be bought — and that she'd side with OJ — complicates Faye's role as a prosecution-friendly witness and source.

Cora Fischman

At that time Nicole was leading like a dangerous life. I mean, she was coming on to guys; she was, you know, doing these things with Faye, and I was worried about her.

Fischman's own characterization of Nicole's lifestyle in spring 1994, directly attributing concern to Faye's influence and Nicole's behavior — not OJ.

Cora Fischman

Nicole told me, 'I just used Keith for sex,' because she was very lonely at that time, and Keith was there.

Offered to establish the character of Nicole's post-separation relationships, painting a complex personal life that Baker is using to contextualize who posed risks to Nicole.

Evidence (4)

Exhibit 158

Statement form from Cora Fischman's September 14-15, 1994 interview with Detective Vannatter

Baker challenges what is and is not included — specifically that the 1993 date of Nicole's 'kill' threat was not reflected in the document

Exhibit 164

Transcript of Cora Fischman's interview with Michael Viner, stamped 'Confidential,' conducted for potential tabloid/book purposes

Marked over Philip Kramer's privacy objection; Baker quotes from it at length; lengthy sidebar debate about whether to attach it to the deposition record

Exhibit 157

Record of Fischman's interview with Detective Payne on June 24, 1994

Referenced to establish Fischman was truthful and accurate in that statement

Exhibits 162 and 163

Photographs of keys — keys Nicole allegedly used when jogging

Baker challenges whether Fischman is '100 percent positive' the keys in Exhibit 163 are Nicole's; she confirms she is not

Notable Exchanges (4)

Robert Baker•Daniel Petrocelli•Philip Kramer•John Kelly•Michael Brewer

Extended multi-party argument over whether to mark and attach the Viner interview transcript (Exhibit 164). Kramer invokes Article I, Section 1 of the California Constitution on privacy grounds; Petrocelli and Kelly push to attach it; Baker ultimately marks it but agrees not to attach it pending further discussion. Petrocelli delivers the line 'You've been overruled' to Kramer.

heated

Robert Baker•Cora Fischman

Baker walks Fischman through her conversation with OJ at Rockingham — where she urged him to take Nicole and the kids to Florida because she feared for Nicole's safety from her own lifestyle, and she believed OJ could protect her. Fischman confirms she thought OJ was the best person to protect Nicole at that time.

strategic

Daniel Petrocelli•Robert Baker

After Baker asks whether Nicole told Fischman that 'different people' would kill her, Petrocelli breaks in on the record: 'She said the only person who ever said he would kill her was OJ. Simpson.' Baker then elicits from Fischman that Nicole also said her mother would kill her and Faye Resnick might kill her — and that she used the word as a figure of speech.

revealing

Robert Baker•Cora Fischman

Baker elicits testimony about 1992 threatening phone calls to Nicole from an unidentified suspect — not OJ — and that Nicole asked OJ to keep watch over her and the children because of those calls.

strategic

Light Moments (2)

Daniel Petrocelli / John Kelly

After Baker characterizes one of the 1992 'following' incidents — OJ walking by Nicole's table, making a comment, and going to the bar — Petrocelli sarcastically adds 'You forgot all the men running for their lives,' to which Kelly adds 'A number of them.' Baker asks the reporter if she got the answer.

John Kelly

When Fischman is asked what was being lit in the car during the January 1994 accident with Faye, she trails off — 'marijuana, I don't know' — and John Kelly interjects: 'Percodan?'

Credibility Attacks (3)

⚔ Faye Resnick

Character evidence via witness testimony

Baker uses Fischman to build an extended portrait of Faye as a drug addict, a 'fake,' financially desperate and taking advantage of Nicole, someone Nicole herself distrusted and feared could be 'bought.' Multiple friends of Nicole's apparently called her 'Faye the fake.'

⚔ Cora Fischman (indirect — tabloid motive)

Prior conduct / financial interest

Baker establishes that multiple tabloids (National Enquirer, Star — $100K offer, American Journal) approached Fischman for her story, and that she gave a paid interview to Michael Viner for a potential book/magazine deal. Baker then uses the Viner transcript (Exhibit 164) to quote her own words back at her.

⚔ Prosecution's domestic violence narrative

Prior inconsistent framing / contextual impeachment

Baker elicits that the 'I'll kill you' statement from OJ occurred in 1993 in response to Nicole's affair with Marcus Allen, was not documented with a date in Exhibit 158, and that Nicole herself routinely used 'kill' as a figure of speech about multiple people including her mother and Faye.

Witness Demeanor

Frequently apologizes for answering before objections are entered: 'I'm sorry.' / 'Sorry.'

Becomes confused navigating multiple exhibits and timelines: 'I'm sorry. There are too many — I don't understand now.'

Self-corrects on dating chronology mid-answer: 'Now I'm getting confused with time here.'

Speaks candidly and with detail about Nicole's private life without apparent hesitation

Vehemently denies tabloid reports she was dating OJ: 'That is so untrue.'

Objections

68 objections (0 sustained, 0 overruled)

Proceeding 9009 • 688 utterances • Plaintiff witness

Deposition Trial

Department 103