DEPARTMENT NO. 103 HON. LANCE A. ITO, JUDGE

APPEARANCES: (APPEARANCES AS HERETOFORE NOTED.)

(JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

(CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. GOOD MORNING, COUNSEL. ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. THE RECORD SHOULD REFLECT THE DEFENDANT IS AGAIN PRESENT BEFORE THE COURT WITH COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN, MR. GORDON. THE JURY IS NOT PRESENT. COUNSEL, I HAVE JUST RECEIVED A LETTER DATED FEBRUARY THE 6TH. IS MR. BLAISER STILL HERE.

MR. BLAISER: YES, YOUR HONOR.

THE COURT: ON THE DNA ISSUE, WHICH I HAVE NOT HAD THE OPPORTUNITY TO READ YET, AND I ALSO RECEIVED A FAX FROM THE DEFENSE REGARDING THE SAME SUBJECT. AND COUNSEL, I WILL -- I TAKE IT, MR. BLAISER, YOU WANTED TO FILE SOME RESPONSIVE LETTER?

MR. BLAISER: YES, YOUR HONOR. THERE IS ADDITIONAL ARGUMENT IN THAT LETTER AND WE WOULD LIKE TO RESPOND TO THAT AND I WILL TRY TO DO THAT BY THE END OF BUSINESS TODAY OR TOMORROW AT THE LATEST.

THE COURT: ALL RIGHT. THANK YOU.

MR. BLAISER: THANK YOU.

THE COURT: ALL RIGHT. ALSO THE ISSUE OF THE ROY FIRESTONE VIDEOTAPE. DID COUNSEL HAVE THE OPPORTUNITY TO DISCUSS THE MATTER WITH REPRESENTATIVES OF THAT TELEVISION PROGRAM?

MR. COCHRAN: YES. GOOD MORNING, YOUR HONOR.

THE COURT: GOOD MORNING, MR. COCHRAN.

MR. COCHRAN: I HAD AN OPPORTUNITY TO DISCUSS THE MATTER WITH THE REPRESENTATIVES OF THE ROY FIRESTONE SHOW AND WITH REGARD TO THE FOUNDATIONAL QUESTIONS THAT I HAD, I HAVE BEEN SATISFIED WITH REGARD TO THAT AND I HAVE SHARED THAT WITH MR. DARDEN. THAT DOES NOT AT ALL ALLEVIATE THE OTHER PROBLEM I FEEL, A 352 RELEVANCE OR WHATEVER, BUT AT LEAST REGARDING THE FOUNDATION, I HAD MY QUESTIONS ANSWERED.

THE COURT: ALL RIGHT. ARE YOU WILLING TO STIPULATE THEN TO THE FOUNDATION, AT LEAST AS TO THE AUTHENTICITY, DATE AND TIME OF THAT INTERVIEW?

MR. COCHRAN: WE WILL SO STIPULATE, YES, YOUR HONOR, BUT NOT TO THE OTHER ISSUES.

THE COURT: NOT WAIVING ANY OF YOUR OTHER OBJECTIONS.

MR. COCHRAN: THAT'S CORRECT, YOUR HONOR.

THE COURT: IS THAT STIPULATION ACCEPTABLE TO THE PEOPLE?

MS. CLARK: I DIDN'T HEAR THE LANGUAGE.

THE COURT: STIPULATE TO THE AUTHENTICITY, DATE AND TIME OF THE INTERVIEW?

MS. CLARK: AND WHAT ABOUT THE IDENTITY OF THE PARTIES DEPICTED IN THE VIDEO?

MR. COCHRAN: YOUR HONOR, YOU HEARD THE STIPULATION. THAT IS ALL I CARE TO SAY. YOUR HONOR, IN ADDITION TO THAT, I SHOULD POINT OUT THAT I WAS PROVIDED WITH A COPY OF THAT VIDEO BY MR. DARDEN TODAY AND ALSO A COPY OF THE INFAMOUS LONG LOST RECITAL VIDEO FROM -- THAT WAS TAKEN JUNE 12, 1994, SOMETIME AFTER 6:30. MR. DARDEN HAS APPARENTLY GIVEN ME A COPY OF THAT THIS MORNING. I HAVE NOT SEEN IT. I WANTED THE RECORD TO REFLECT THAT.

THE COURT: ALL RIGHT. NOTED. THANK YOU, COUNSEL. ALL RIGHT. COUNSEL, ANYTHING ELSE WE NEED TO TAKE UP BEFORE WE INVITE THE JURY TOP JOIN US?

MR. COCHRAN: I WOULD LIKE TO APPROACH WITH THE REPORTER ON ONE OTHER MATTER, YOUR HONOR.

THE COURT: ALL RIGHT. WITH THE REPORTER, PLEASE.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

THE COURT: ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MR. COCHRAN.

MR. COCHRAN: THANK YOU VERY KINDLY, YOUR HONOR. AGAIN I WANTED TO AGAIN FOR THE RECORD RENEW MY OBJECTION TO EACH OF THE INCIDENTS THAT -- THESE 1101(B) INCIDENTS THAT COUNSEL IS GOING INTO BECAUSE WE DON'T HAVE A STIPULATION, SO I WILL CONTINUE TO DO THAT AND I WANTED TO DO THAT WHENEVER I GET AN OPPORTUNITY. LASTLY, I WISH THE COURT, BEFORE THE JURY COMES OUT, WOULD ADMONISH THIS WITNESS. ON GOOD MORNING AMERICA TODAY, GLORIA ALLRED IS TALKING ABOUT HOW SHE IS PRIMED TO DO ALL THESE THINGS, AND CLEARLY SHE IS PRIMED, AND I DON'T THINK IT SERVES HER CLIENT TO TALK ABOUT HOW SHE PRIMED HER THIS WEEKEND BECAUSE THAT IS EXACTLY WHAT WE ALREADY KNOW. AND I WOULD ASK THE COURT TO ADMONISH THIS WITNESS REGARDING BLURTING THINGS OUT AND TRYING TO GET IN STUFF THAT THEY KNOW IS INADMISSIBLE BY VIRTUE OF SOME QUESTION HE SAYS OR SOME CROSS-EXAMINATION, AND I THINK THAT IT IS CLEAR THAT IS WHAT THEY WANT TO DO AND I DIDN'T WANT TO SAY THIS OUT THERE, BUT I WANTED TO AT LEAST ASK THE COURT TO TAKE THE BULL BY THE HORNS AND DO THAT EARLY ON, CONSIDER DOING IT.

THE COURT: ALL RIGHT. MR. DARDEN, ANY RESPONSE TO THAT?

MR. DARDEN: DO I HAVE TO? IS THERE A NEED FOR A RESPONSE TO THAT?

MR. COCHRAN: YES.

MR. DARDEN: I ASKED MY QUESTIONS, AS INARTFUL AS THEY MIGHT BE, AND --

MR. COCHRAN: THAT IS WHAT YOUR OWN SIDE SAID.

MR. DARDEN: YES. MISS CLARK SOLD ME OUT THAT DAY. IT WAS A FINE PIECE OF LAWYERING, YET MY OWN COLLEAGUE SOLD ME OUT, BUT I HAVE SPOKEN TO MISS BROWN, AND WE WILL TRY TO CONTAIN THINGS. BUT IF I MIGHT, THOUGH, I WOULD LIKE TO REMIND COUNSEL AND THE COURT THAT WHEN WE CAME TO SIDE BAR AT TEN MINUTES TO 2:00 ON FRIDAY --

MR. COCHRAN: TEN MINUTES TO 3:00.

MR. DARDEN: TEN MINUTES OF 3:00, ALL RIGHT. I LOOKED OVER AND ASSESSED HER DEMEANOR AND I ADVISED THE COURT AND COUNSEL THAT SHE WASN'T GOING TO GO MAKE IT AND SHE WAS BECOMING EXTREMELY EMOTIONAL, BUT PERHAPS WE SHOULD ADJOURN THEN, BUT NO, NOBODY WANTED TO DO THAT.

MR. COCHRAN: THE COURT SAYS TIMING IS EVERYTHING.

MR. DARDEN: BUT IN ANY EVENT, I'M SURE SHE SHOULD BE A LITTLE BETTER TODAY.

THE COURT: ALL RIGHT. I DID CAUTION HER THE LAST TIME WE WERE HERE TO LISTEN CAREFULLY TO THE QUESTION AND ANSWER ONLY PRECISELY THE QUESTION THAT WAS BEING ASKED, NOT TO VOLUNTEER ANYTHING. I HAVE ALREADY DONE THAT.

MR. COCHRAN: THIS IS ANOTHER DAY.

THE COURT: IF I NOTE ANYTHING GOING AMUCK, I WILL STEP IN IMMEDIATELY.

MR. DARDEN: OKAY.

THE COURT: ALL RIGHT.

MR. DARDEN: FOR THE RECORD, I'M SHOWING COUNSEL A BLOOMINGDALES RECEIPT AND IT RELATES TO THE PURCHASE OF GLOVES AND I'M GOING TO ASK MISS BROWN IF SHE RECOGNIZES THE SIGNATURE ON THE RECEIPT.

MR. SHAPIRO: HOLD ON ONE SECOND.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. COCHRAN: WHAT IS -- CAN YOU GIVE US AN OFFER OF PROOF? WHAT THIS --

MR. DARDEN: I'M GOING TO TIE IT UP LATER.

MR. COCHRAN: CAN WE HAVE AN OFFER OF PROOF OF WHAT THIS IS ABOUT? IT SEEMS TO ME, BEFORE WE STIPULATE TO ANYTHING --

MR. DARDEN: WE DON'T WANT A STIPULATION. WE DON'T WANT A STIPULATION ON THIS. WE WANT TO SHOW IT TO THE JURY IN DRAMATIC FASHION.

MR. COCHRAN: YOU GUYS THINK THIS IS --

THE COURT: ALL RIGHT. ENOUGH.

MR. DARDEN: OKAY.

THE COURT: WOULD YOU ANSWER.

MR. DARDEN: SALES RECEIPT FOR THE PURCHASE OF GLOVES AT BLOOMINGDALES.

MR. SHAPIRO: HOLD ON ONE SECOND.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. DARDEN: IT IS ON NICOLE'S CREDIT CARD ACCOUNT.

MR. COCHRAN: ASK HER IF SHE RECOGNIZES THE SIGNATURE?

MR. DARDEN: THAT IS ALL.

MR. COCHRAN: DO WHATEVER YOU FEEL YOU HAVE TO DO.

MR. DARDEN: SOMEONE IN BLOOMINGDALES WILL BE IN LATER TO AUTHENTICATE THE RECEIPT.

THE COURT: BLOOMINGBIRDS.

MR. DARDEN: AND INDICATE WHAT THE PURCHASE WAS. I JUST WANT TO SHOW IT TO HER TO HAVE HER I.D. THE SIGNATURE, AND NOTHING MORE.

MR. SHAPIRO: YOUR HONOR, RATHER THAN HAVING SOMEBODY WHO IS NOT AN EXPERT IN HANDWRITING AND HAVE TO GO THROUGH QUALIFICATIONS, WE WOULD STIPULATE THAT THIS IS THE SIGNATURE OF NICOLE BROWN.

MR. DARDEN: WE WOULDN'T HAVE TO CALL AN EXPERT OR ANYTHING LIKE THAT, BUT WE APPRECIATE COUNSEL'S OFFER TO STIPULATE.

THE COURT: ALL RIGHT. LET'S START. THANK YOU.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: DO YOU HAVE THE TEST?

MR. SHAPIRO: YES. THANK YOU.

THE COURT: DEPUTY MAGNERA, LET'S HAVE THE JURY, PLEASE.

(BRIEF PAUSE.)

THE COURT: AND MR. DARDEN, DO WE HAVE MISS BROWN HERE?

MR. DARDEN: YES, YOUR HONOR. WOULD YOU LIKE HER TO TAKE THE WITNESS STAND NOW?

THE COURT: NOT IMMEDIATELY. SHE SHOULD BE ON HER WAY, HOWEVER. IS SHE OUTSIDE THE COURT?

(BRIEF PAUSE.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

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

THE JURY: GOOD MORNING.

THE COURT: LADIES AND GENTLEMEN, I RECEIVED A NOTE FROM JUROR NO. 1290, WHICH I SUSPECT REPRESENTS THE VIEWS OF THE JURORS, AND I WILL DISCUSS THAT WITH THE STAFF AND THE ATTORNEYS, AND AS YOU KNOW, I HAVE TRIED TO RESPOND TO YOUR QUESTIONS OR ANY CONCERNS THAT YOU HAVE, AND IT MAY TAKE ME A DAY OR TWO, BUT I WILL ADDRESS THIS ISSUE FOR YOU. ALL RIGHT. LET'S RESUME WITH DENISE BROWN. MISS BROWN, WOULD YOU COME FORWARD, PLEASE.

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

THE COURT: AND WOULD YOU RESUME THE WITNESS CHAIR, PLEASE. GOOD MORNING, MISS BROWN. YOU ARE REMINDED YOU ARE STILL UNDER OATH. ALL RIGHT. WOULD YOU PULL THE MICROPHONE CLOSE TO YOU, PLEASE.

THE WITNESS: (WITNESS COMPLIES.)

THE COURT: ALL RIGHT. MR. DARDEN, DO YOU WISH TO CONTINUE YOUR DIRECT EXAMINATION?

MR. DARDEN: YES, I DO, YOUR HONOR. THANK YOU.

THE COURT: YOU ARE WELCOME.

MR. DARDEN: GOOD MORNING. GOOD MORNING, LADIES AND GENTLEMEN.

THE JURY: GOOD MORNING.

DIRECT EXAMINATION (RESUMED)

BY MR. DARDEN:

Q: MISS BROWN, WHEN WE LEFT OFF LAST FRIDAY YOU TOLD US ABOUT THE CROTCH GRABBING INCIDENT AT THE RED ONION. DO YOU RECALL THAT?

A: YES.

Q: AND YOU ALSO TALKED TO US ABOUT AN INCIDENT THAT OCCURRED AFTER YOU AND YOUR SISTER, NICOLE, AND ED MC CABE RETURNED TO THE DEFENDANT'S HOUSE AFTER AN EVENING AT THE LA CANTINA?

A: YES, I DID.

Q: DO YOU RECALL THAT? DO YOU ALSO RECALL TELLING US THAT --

MR. SHAPIRO: YOUR HONOR, ARE WE GOING TO GO THROUGH ALL OF THE TESTIMONY OF FRIDAY?

MR. DARDEN: WAS THAT AN OBJECTION?

MR. SHAPIRO: YES, THAT IS AN OBJECTION.

MR. DARDEN: SAY "OBJECTION."

MR. SHAPIRO: IT HAS BEEN ASKED AND ANSWERED.

THE COURT: COUNSEL, YOU DON'T NEED TO DIRECTLY ADDRESS COUNSEL. THANK YOU.

Q: BY MR. DARDEN: AND YOU ALSO TOLD US THAT AFTER YOU TOLD THE DEFENDANT THAT HE TOOK YOUR SISTER FOR GRANTED THAT PICTURES BEGAN FLYING OFF THE WALL?

A: YES, THEY DID.

Q: LET'S PICK UP THERE --

A: OKAY.

Q: -- FROM THAT POINT ON. THE PICTURES THAT YOU MENTIONED LAST FRIDAY, WHERE WERE THOSE PICTURES LOCATED?

A: THEY WERE GOING UP THE STAIRS, UP THE STAIRCASE TO THE SECOND STORY.

Q: OKAY. AND HAD YOU SEEN THOSE PICTURES BEFORE?

A: OH, SURE, MANY TIMES.

Q: HOW MANY PICTURES WERE THERE?

A: OH, I THINK THERE IS ABOUT THREE OR FOUR ROWS GOING UP LIKE THIS, (INDICATING), AND ALL THE WAY UP THE STAIRCASE.

Q: AND WHO WAS DEPICTED IN THOSE PHOTOGRAPHS?

A: IT WAS FAMILY MEMBERS.

Q: BROWN FAMILY MEMBERS?

A: BROWN FAMILY, O.J.'S FAMILY, UMM, A LOT OF DIFFERENT PICTURES.

Q: OKAY. AND YOU MENTIONED THAT PICTURES BEGAN FLYING OFF THE WALLS. HOW -- HOW WERE THOSE PICTURES REMOVED OR HOW DID THEY COME FLYING OFF THE WALL?

A: O.J. WAS WALKING UP THE HALL OR UP THE STAIRCASE AND HE STARTED THROWING THEM. HE TOOK THEM OFF THE WALL AND STARTED THROWING THEM DOWN.

Q: AND WAS HE SAYING ANYTHING TO -- DID THE DEFENDANT SAY ANYTHING AS HE THREW THOSE --

A: HE WANTED HER OUT OF HIS HOUSE.

Q: THAT IS WHAT THE DEFENDANT SAID?

A: HE WANTED HER OUT OF HIS HOUSE AND HE CONTINUED GOING UP THE STAIRS AND HE GRABBED THE CLOTHES OUT OF HER CLOSET AND STARTED THROWING THEM DOWN ONTO THE FOYER WHERE WE WERE DOWN ON THE BOTTOM, AND CAME BACK DOWN AND GRABBED NICOLE. HE THREW HER UP AGAINST THE WALL AND THEN HE GRABBED HER. AND THE ONLY THING I REMEMBER IS THAT IT WAS -- HE LOOKED SO -- HIS WHOLE FACIAL STRUCTURE CHANGED. EVERYTHING ABOUT HIM CHANGED.

MR. DARDEN: LET ME STOP YOU THERE.

MR. SHAPIRO: YOUR HONOR, WE WOULD OBJECT. THAT IS NONRESPONSIVE.

THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, THE WITNESS' COMMENTS REGARDING FACIAL STRUCTURING AND CHANGE OF EXPRESSION IS STRICKEN FROM THE RECORD AND IT WAS NOT IN RESPONSE TO THE QUESTION. YOU ARE TO DISREGARD THAT ANSWER. MR. DARDEN.

Q: BY MR. DARDEN: OKAY. DID YOU SEE THE DEFENDANT'S FACE IMMEDIATELY AFTER YOU TOLD HIM THAT HE TOOK YOUR SISTER FOR GRANTED?

A: YES, I DID.

Q: OKAY. AND WHAT, IF ANYTHING, UNUSUAL DID YOU NOTICE ABOUT HIS FACE AT THAT TIME?

A: AT THAT TIME HE GOT VERY UPSET AND HE STARTED SCREAMING.

Q: NOW, WAS HIS ANGER MANIFESTED IN ANY WAY OTHER THAN THE FACT THAT HE BECAME -- OTHER THAN THE FACT THAT HE BEGAN SCREAMING?

A: YEAH. HIS WHOLE FACIAL STRUCTURE CHANGED. I MEAN, EVERYTHING CHANGED ABOUT HIM.

Q: OKAY. WHEN YOU SAY HIS FACIAL STRUCTURE CHANGED, WHAT DO YOU MEAN? ELABORATE ON THAT FOR US, PLEASE.

A: IT WAS CALM, QUIET, NORMAL CONVERSATION, LIKE WE WERE SITTING HERE RIGHT NOW, AND THEN ALL OF A SUDDEN IT TURNED INTO -- THE EYES GOT REAL ANGRY. IT WAS AS -- HIS WHOLE JAW, EVERYTHING STARTED, YOU KNOW -- HIS WHOLE FACE JUST CHANGED COMPLETELY WHEN HE GOT UPSET. UMM -- IT WASN'T AS IF IT WAS O.J. ANY MORE. HE LOOKED LIKE A DIFFERENT PERSON AND THAT IS WHAT NICOLE HAD ALWAYS SAID WHEN HE GETS ANGRY.

Q: LET ME STOP YOU THERE.

MR. SHAPIRO: MOTION TO STRIKE AS NONRESPONSIVE.

THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, YOU ARE TO DISREGARD THE LAST PORTION OF THE ANSWER, COMMENTS AS TO WHAT NICOLE HAD SAID ABOUT THE DEFENDANT'S BEHAVIOR OR FACIAL STRUCTURE. MISS BROWN --

THE WITNESS: SORRY.

THE COURT: -- IF YOU WOULD, WOULD YOU PLEASE LISTEN CAREFULLY TO MR. DARDEN AND DEFENSE COUNSEL'S QUESTION, PLEASE ANSWER AS PRECISELY AS YOU CAN AND PLEASE DON'T VOLUNTEER ANY INFORMATION.

THE WITNESS: YES, YOUR HONOR.

THE COURT: ALL RIGHT. THANK YOU.

Q: BY MR. DARDEN: NOW, HAD YOU SEEN THE DEFENDANT ANGRY ON OTHER OCCASIONS?

A: NOT LIKE THIS.

Q: OKAY. WELL, THIS CHANGE IN HIS FACIAL STRUCTURE THAT YOU JUST TESTIFIED TO, IS THAT SOMETHING THAT COMMONLY HAPPENS WHEN THE DEFENDANT BECOMES ANGRY?

A: I HAD NEVER SEEN IT LIKE THIS BEFORE, NO.

Q: SO THAT WAS THE FIRST TIME YOU HAD EVER SEEN HIM GET THAT ANGRY?

A: YES.

MR. DARDEN: CAN I HAVE ONE MOMENT, YOUR HONOR?

THE COURT: YOU MAY.

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

Q: BY MR. DARDEN: WHERE DID YOU AND MR. MC CABE AND YOUR SISTER GO AFTER THE DEFENDANT THREW THE THREE OF YOU OUT OF HIS HOUSE?

A: WE WENT TO THE BEVERLY HILLS HOTEL.

Q: OKAY. AND WHY DID YOU GO TO THE BEVERLY HILLS HOTEL?

A: THAT IS WHERE HE WAS STAYING, ED MC CABE.

Q: WERE YOU STRAYING THERE AS WELL?

A: WE STAYED THERE THAT NIGHT, YES.

Q: ED MC CABE WAS YOUR BOYFRIEND AT THE TIME?

A: YES, HE WAS.

Q: AND DID YOU SPEND THE NIGHT AT THE BEVERLY HILLS HOTEL THAT NIGHT?

A: YES, WE DID.

Q: DID YOUR SISTER NICOLE ALSO SPEND THE NIGHT WITH YOU THAT NIGHT?

A: YES, SHE DID.

Q: DID SHE EVER RETURN TO THE HOUSE?

A: SHE DID THE NEXT MORNING.

Q: DID YOU TRY AND STOP HER FROM RETURNING TO THE HOUSE?

A: YEAH, I DID. YEAH, I TOLD HER -- I TOLD HER THAT SHE SHOULDN'T GO BACK. SHE SAYS, "I'M NOT GOING BACK, I'M JUST GOING TO GO PICK UP A FEW THINGS."

Q: DID SHE SAY IF SHE WOULD RETURN BACK TO THE HOTEL?

A: YES, SHE DID.

Q: SHE SAID SHE WAS GOING TO COME BACK TO YOU?

A: YES, SHE DID.

Q: DID SHE COME BACK?

A: NO, SHE DIDN'T.

Q: DID YOU REPORT THAT INCIDENT TO THE POLICE AT THE TIME?

A: NO, I DID NOT.

Q: DID SHE?

A: I DON'T THINK SO.

Q: DID ED MC CABE REPORT IT TO THE POLICE?

A: NOT TO MY KNOWLEDGE, NO.

Q: DID YOU CONSIDER REPORTING THE INCIDENT TO THE POLICE?

A: I DIDN'T.

Q: WHY NOT?

A: I TOLD HER -- I JUST TOLD HER, I SAID --

THE COURT: HOLD ON.

THE COURT: THE QUESTION WAS DID YOU REPORT IT TO THE POLICE? DID YOU CONSIDER REPORTING IT TO THE POLICE? THE ANSWER IS YES OR NO.

THE WITNESS: NO.

THE COURT: ALL RIGHT. THANK YOU, MR. DARDEN.

Q: BY MR. DARDEN: WHY DIDN'T YOU REPORT IT TO THE POLICE?

A: BECAUSE SHE SAID SHE WOULD TAKE CARE OF IT.

Q: AND IF YOU RECALL, WHAT YEAR WAS IT THAT THIS INCIDENT OCCURRED?

A: UMM, GOD, IT WAS IN THE EARLY EIGHTIES, '82, '83 MAYBE.

Q: DO YOU KNOW THE EXACT DATE?

A: NO, I DON'T.

Q: COULD IT HAVE BEEN LATER THAN '82 OR '83?

A: I KNOW IT WAS THE EARLY EIGHTIES. I DON'T THINK IT WAS LATER.

MR. DARDEN: MAY I HAVE ONE MOMENT, YOUR HONOR?

THE COURT: CERTAINLY.

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

Q: BY MR. DARDEN: MISS BROWN, AFTER YOUR SISTER NICOLE TOLD YOU THAT SHE WOULD HANDLE IT, WHY DIDN'T YOU TAKE IT UPON YOURSELF TO TAKE FURTHER STEPS TOWARD NOTIFYING THE POLICE?

MR. SHAPIRO: OBJECTION.

THE COURT: OVERRULED.

THE WITNESS: COULD YOU REPEAT THAT, PLEASE.

Q: BY MR. DARDEN: WELL, YOUR SISTER TOLD YOU THAT SHE WOULD HANDLE IT, CORRECT?

A: RIGHT.

Q: DID SHE HANDLE IT?

A: I GUESS IN HER OWN WAY SHE DID.

Q: WELL, YOU TOLD US THAT YOU EXPECTED HER TO RETURN TO THE HOTEL; IS THAT CORRECT?

A: YES.

Q: OKAY. WELL, WHEN SHE DIDN'T RETURN TO THE HOTEL, DID YOU -- DID YOU DO ANYTHING TOWARD FINDING OUT WHY SHE DIDN'T RETURN TO THE HOTEL?

A: YOU KNOW WHAT, I REALLY DON'T REMEMBER. I JUST TOLD HER TO COME BACK.

Q: WELL, DID YOU DO ANYTHING TOWARD FINDING OUT IF SHE WAS OKAY?

A: OH, WE HAD TALKED LATER ON, YEAH.

Q: MISS BROWN, I WOULD LIKE TO SHOW YOU THREE PHOTOGRAPHS. THESE PHOTOGRAPHS HAVE ALREADY BEEN MARKED PEOPLE'S 9, 10 AND 11 FOR IDENTIFICATION. MAY I APPROACH, YOUR HONOR?

THE COURT: YOU MAY.

Q: BY MR. DARDEN: LET ME SHOW YOU THREE POLAROID PHOTOGRAPHS. HAVE YOU SEEN THESE PHOTOGRAPHS BEFORE?

A: YES, I HAVE.

Q: DO EACH OF THESE PHOTOGRAPHS DEPICT YOUR SISTER?

A: EXCUSE ME?

Q: IS YOUR SISTER SHOWN IN EACH OF THESE THREE PHOTOGRAPHS?

A: YES, SHE IS.

MR. DARDEN: YOUR HONOR, IF I COULD PUT THESE UP ON THE ELMO.

THE COURT: YOU MAY.

(BRIEF PAUSE.)

Q: BY MR. DARDEN: SHOWING PEOPLE'S 9 FOR IDENTIFICATION, MISS BROWN, DO YOU SEE PEOPLE'S 9 THERE ON THE MONITOR NEXT TO THE WITNESS STAND?

A: YES, I DO.

Q: IS THAT A PICTURE OF NICOLE?

A: YES, IT IS.

Q: DIRECTING YOUR ATTENTION TO HER -- IS THERE A RED DOT UP THERE?

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

Q: BY MR. DARDEN: DIRECTING YOUR ATTENTION TO THE LEFT EYE, NICOLE'S LEFT EYE IN PEOPLE'S 9 FOR IDENTIFICATION, DO YOU SEE AN INJURY THERE AT HER LEFT EYE?

A: YES, I DO.

Q: WHEN WAS THE FIRST TIME YOU SAW THIS PHOTOGRAPH?

A: I SAW THIS IN HER BATHROOM DRAWER WHEN I OPENED UP HER BATHROOM DRAWER.

Q: WAS THIS A BATHROOM DRAWER LOCATED IN THE HOUSE AT ROCKINGHAM?

A: YES, IT WAS. IT WAS IN HER BATHROOM.

Q: WHOSE BATHROOM WAS IT?

A: NICOLE'S.

Q: IT WAS NICOLE'S BATHROOM?

A: YES.

Q: SHE SHOWED THE PHOTOGRAPH TO YOU?

A: NO, I JUST SAW IT IN THE DRAWER AND I TOOK IT OUT AND I LOOKED AT IT.

Q: AND DID YOU SHOW THE PHOTOGRAPH TO HER?

A: YES. SHE WAS STANDING RIGHT THERE WITH ME AT THE TIME.

Q: AND DID YOU AND SHE DISCUSS THE PHOTOGRAPH?

A: YES, WE DID.

Q: WHAT DID SHE TELL YOU ABOUT THE PHOTOGRAPH?

MR. SHAPIRO: OBJECTION. HEARSAY, YOUR HONOR.

THE COURT: COUNSEL, DO YOU WANT TO APPROACH. PLEASE.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

MR. SHAPIRO: YOUR HONOR, CAN WE TAKE THE PHOTOGRAPH DOWN WHILE WE ARE COMING UP HERE?

THE COURT: NOT AT THE MOMENT. WHERE ARE WE GOING WITH THIS?

MR. DARDEN: I WILL WITHDRAW THE QUESTION, YOUR HONOR.

MR. SHAPIRO: YOUR HONOR, THERE IS ALSO NO FOUNDATION FOR THIS PHOTOGRAPH. DO WE HAVE A YEAR WHEN THIS PHOTOGRAPH WAS TAKEN?

MR. DARDEN: I'M ABOUT TO ASK HER.

MR. SHAPIRO: CAN WE HAVE AN OFFER OF PROOF ON THAT?

THE COURT: HOW ARE WE GOING TO FIND THAT OUT WITHOUT ASKING HER WHAT NICOLE SAID?

MR. DARDEN: I'M GOING AS TO ASK HER WHEN IT WAS, THE DATE THAT SHE SAW THE PHOTOGRAPH.

MR. COCHRAN: WHAT IS THE ANSWER GOING TO BE, YOUR HONOR, BECAUSE WE DON'T KNOW ANYTHING ABOUT THIS. THIS WITNESS IS GOING TO VOLUNTEER ANYTHING.

THE COURT: WHAT IS THE ANSWER GOING TO BE?

MR. DARDEN: I THINK IT IS GOING TO BE 1985, AS I RECALL.

MR. COCHRAN: WE WOULD OBJECT. THERE IS NO FOUNDATION AS TO WHEN THIS WAS TAKEN.

MR. COCHRAN: WE WERE TOLD THIS WAS ALL '89, IF THE COURT PLEASES, AND BECAUSE WE RAISED SOME QUESTIONS ABOUT THOSE NUMBERS ON THE BACK AND THEY APPARENTLY HAVE TALKED TO SOMEBODY AT POLAROID, SO I THINK WE NEED AN OFFER OF PROOF WHERE THEY ARE GOING. PLUS, YOUR HONOR, THE THING WE POINTED OUT, YOU HAVE BEEN VERY CAREFUL ABOUT, IT IS SO FOOLISH FOR THEM TO DO THIS, THIS IS A DANGEROUS AREA. IF THEY EVER COULD GET A CONVICTION, THEY ARE TREADING ON SUCH DANGEROUS AREA. GOING INTO ALL THIS KIND OF STUFF IS TOTALLY IMPROPER. ASKS QUESTIONS THAT HE KNOWS ARE HEARSAY, KNOWS THAT WE HAVE TO BE -- I THINK THAT IS VERY IMPROPER, YOUR HONOR, AND YOU TOLD THEM THEY COULD LIMIT THIS.

THE COURT: MY CONCERN, MR. DARDEN, THAT IS THE COURT KEY RULING ON THIS 1101(B) STUFF WAS PRETTY LIMITED TO CERTAIN SPECIFIC INCIDENTS. CAN YOU TIE THIS PHOTOGRAPH TO AN INCIDENT?

MR. DARDEN: I DON'T KNOW WHAT THE INCIDENT IS THAT RELATES DIRECTLY TO THIS PHOTOGRAPH.

MR. SHAPIRO: YOUR HONOR, I THINK THAT ANSWERS THE QUESTION. THIS MAN HAS DELIBERATELY --

THE COURT: HOLD ON.

(BRIEF PAUSE.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: ALL RIGHT. CAN WE HAVE THE PHOTO TAKEN DOWN, PLEASE. LADIES AND GENTLEMEN OF THE JURY, I'M GOING TO ASK YOU TO STEP BACK INTO THE JURY ROOM, PLEASE. AND MISS BROWN, I'M GOING TO NEED TO DISCUSS SOMETHING WITH THE LAWYERS AND I'M GOING TO ASK YOU TO STEP OUT OF THE COURTROOM. THANK YOU.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

MR. DARDEN: MAY I BE HEARD, YOUR HONOR?

THE COURT: I'M A LITTLE CONCERNED. WE ARE BACK IN OPEN COURT OUT OF THE PRESENCE OF THE JURY. MR. DARDEN, I'M A LITTLE CONCERNED HERE. PEOPLE'S 9, THE COURT RULED AS TO THE 1101(B) INCIDENTS, AND THERE WERE CERTAIN SPECIFIC INCIDENTS THAT WERE MENTIONED IN THE VARIOUS MOTIONS THAT THE COURT HAS SPECIFICALLY RULED ON YES OR NO. WHAT IS YOUR OFFER OF PROOF AS TO PEOPLE'S 9?

MR. DARDEN: YOUR HONOR, PEOPLE'S 9, THE PHOTOGRAPH WHICH DEPICTS NICOLE BROWN, THE ONE THAT WAS JUST ON THE ELMO, IS A PHOTOGRAPH THAT WAS RECOVERED FROM THE SAFE-DEPOSIT BOX ALONG WITH THE 1989 PHOTOS, AS WELL AS THE HERALD-EXAMINER NEWSPAPER ARTICLE FROM 1989, THE NEWSPAPER ARTICLE THAT DESCRIBED THE JANUARY 1, 1989, CHARGES AND BEATING.

THE COURT: ALL RIGHT. WELL, WE ALL KNOW FROM APOCRYPHAL STORIES THAT POLAROID PHOTOS CAN BE DATED TO A CERTAIN DEGREE BY THE CODE ON THE BACK OF THE PHOTOGRAPH INDICATING THE DATE OF MANUFACTURE, DISTRIBUTION, BLAH, BLAH, BLAH, ABOUT THE PHOTOGRAPH. WHAT HAVE YOU FOUND OUT FROM POLAROID REGARDING THOSE PHOTOGRAPHS?

MR. DARDEN: AS FAR AS WHEN THE FILM WAS PRODUCED?

THE COURT: YES.

MR. DARDEN: '78 OR '79.

THE COURT: THAT FILM WILL ALSO TELL YOU ABOUT FRESHNESS AND HOW LONG THE BATTERY PACK WILL STAY ALIVE AND THAT APPEARS TO BE AN SX-70 POLAROID PHOTO.

MR. DARDEN: I DON'T HAVE ANY INFORMATION ABOUT BATTERY PACKS AND HOW LONG THINGS STAY ALIVE.

THE COURT: HOW ARE WE GOING TO TIE PEOPLE'S 9 TO AN INCIDENT THAT THE COURT HAS RULED ADMISSIBLE UNDER 1101(B)?

MR. DARDEN: YOUR HONOR, THIS IS THE ISSUES OF THE DEFENDANT'S ATTEMPT TO MINIMIZE WHAT HAPPENED IN JANUARY OF 1989. AND AS I INDICATED TO THE COURT BEFORE, IT IS OUR POSITION THAT MISS BROWN LEFT A TRAIL, A TRAIL OF EVIDENCE INDICATING THAT THERE HAD BEEN A PATTERN, A HISTORY OF ABUSE BETWEEN HER AND THE DEFENDANT. I THINK HER STATE OF MIND IS RELEVANT, GIVEN THE DEFENSE POSTURE AND CROSS-EXAMINATION OF RON SHIPP. I THINK THAT MISS BROWN'S STATE OF MIND IS GOING TO BE RELEVANT IN THESE PROCEEDINGS IN THE AREA OR ON THE ISSUE OF WHY IMMEDIATELY AFTER THE MURDERS SHE TOLD THE NEW YORK TIMES THAT SHE DIDN'T KNOW ANYTHING ABOUT NICOLE HAVING BEEN ABUSED.

AND THESE PHOTOGRAPHS ARE NO SURPRISE TO THE DEFENSE. THESE PHOTOGRAPHS WERE PRESENTED TO THE COURT AND TO DEFENSE COUNSEL DURING THE DOMESTIC VIOLENCE MOTIONS AND HEARINGS.

THE COURT: WELL, MR. DARDEN, THE FACT THAT IT IS NOT A SURPRISE DOESN'T MAKE IT AUTOMATICALLY ADMISSIBLE, WOULD YOU AGREE?

MR. DARDEN: THERE HAS NEVER BEEN AN OBJECTION TO HAVING THESE PHOTOGRAPHS MENTIONED HERE IN OPEN COURT. THEY WERE SHOWN TO RON SHIPP JUST THE DAY BEFORE YESTERDAY.

THE COURT: WELL, LET ME ASK YOU ANOTHER QUESTION, SINCE WE ARE OBVIOUSLY GOING TO TALK ABOUT PEOPLE'S 10 AND PEOPLE'S 11. HOW ARE YOU GOING TO CONNECT THIS UP TO ANY OF OUR INCIDENTS, 10 AND 11?

MR. DARDEN: I'M SORRY, HOW AM I GOING TO CONNECT IT UP?

THE COURT: ANY OF THE INCIDENTS UNDER 1101(B) THAT THE COURT HAS DEEMED ADMISSIBLE FOR THE PURPOSES OF THIS HEARING.

MR. DARDEN: I DON'T THINK THIS IS AN 1101(B) ISSUE, FRANKLY, BUT AS FAR AS THE OTHER TWO PHOTOGRAPHS, 10 AND 11 --

THE COURT: COUNSEL, YOU CAN'T JUST SHOW HORRIBLE PHOTOGRAPHS WITHOUT TYING IT TO SOMETHING RELEVANT TO THIS CASE.

MR. DARDEN: DENISE BROWN'S STATE OF MIND IS RELEVANT AND SO IS NICOLE BROWN'S STATE OF MIND. THEY WILL MAKE NICOLE BROWN'S STATE OF MIND RELEVANT AS FAR AS DOMESTIC VIOLENCE. THEY HAVE INTRODUCED EVIDENCE THAT SHE WAS DRINKING OR THAT THE 1989 INCIDENT OCCURRED BECAUSE SHE WAS DRINKING. THEY HAVE ATTEMPTED TO MINIMIZE THE DEFENDANT'S CONDUCT EVERY STEP ALONG THE WAY, YOUR HONOR, AND THEY HAVE ALSO ATTEMPTED TO IMPLY TO THE JURY OR SUGGEST TO THE JURY THAT IT WAS AN ISOLATED INCIDENT.

THE COURT: ALL RIGHT. WHAT IS THE -- MY RECOLLECTION OF LOOKING AT 9, 10 AND 11 IS THAT THE SERIAL -- NOT THE SERIAL NUMBER -- THE MANUFACTURER'S CODE ON EACH OF THESE POLAROID PHOTOGRAPHS IS VERY DIFFERENT, ONE FROM ANOTHER. WHAT IS YOUR INFORMATION AS TO THE DATE OF MANUFACTURE OF THE FILM OF 10 AND 11?

MR. DARDEN: 10 AND 11 ARE MANUFACTURED IN '88 OR '89, BUT DENISE BROWN IS GOING TO TESTIFY TO HAVING TAKEN 10 AND 11 HERSELF.

THE COURT: SHE IS THE ACTUAL PHOTOGRAPHER THEN?

MR. DARDEN: YES.

THE COURT: ALL RIGHT. SO YOUR OFFER OF PROOF IS THAT THIS IS RELEVANT TO A STATE OF MIND OF NICOLE BROWN SIMPSON --

MR. DARDEN: AS WELL AS DENISE BROWN. MR. SHAPIRO HAS BEEN KIND ENOUGH TO SHARE WITH US HIS STACK OF -- HIS STACK OF NEWSPAPER ARTICLES THAT RELATE TO EVERYTHING THAT DENISE BROWN HAS EVER SAID ABOUT THIS CASE, AND I THINK WE NEED TO EXPLAIN TO THE JURY WHY MISS BROWN FELT INITIALLY THAT HER SISTER WAS NOT THE SUBJECT OF ABUSE. AND I THINK IT IS -- I THINK OTHER THINGS THAT HAVE BEEN SHOWN TO THE COURT AND TO COUNSEL, THINGS THAT HAVE ACTUALLY BEEN OBJECTED TO AND THINGS THAT THE COURT HAS ACTUALLY ADVISED THE PEOPLE TO PROCEED WITH CAUTION --

THE COURT: THE PROBLEM --

MR. DARDEN: -- WILL BECOME RELEVANT.

THE COURT: MR. DARDEN, THE PROBLEM I HAVE, THOUGH, IS THAT YOU ARE OFFERING A PHOTOGRAPH FOR WHICH THERE IS NO FOUNDATION AS TO DATE, TIME AND A CONNECTION WITH ANY ONE OF THE 1101(B) INCIDENTS. THAT IS YOUR PROBLEM.

MR. DARDEN: THAT IS WHY I SAID I DON'T SEE IT AS AN 1101(B) ISSUE. I SEE IT AS A STATE OF MIND ISSUE FOR DENISE BROWN AND FOR NICOLE BROWN. AND AS IT RELATES TO NICOLE BROWN'S STATE OF MIND, THE FACT THAT SHE IS KEEPING IN HER SAFE-DEPOSIT BOX THESE PHOTOGRAPHS, ALONG WITH HER WILL AND THESE NEWSPAPER ARTICLES, WE THINK IT IS ALL RELEVANT, NOT UNDER 1101(B), BUT WE THINK THAT NICOLE BROWN'S STATE OF MIND IS RELEVANT.

THE COURT: ALL RIGHT. LET ME HEAR FROM THE DEFENSE.

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

THE COURT: MR. SHAPIRO.

MR. SHAPIRO: THANK YOU VERY MUCH, YOUR HONOR. FIRST, YOUR HONOR HAS BEEN TOLD BY THE PROSECUTORS THAT THESE THREE PHOTOGRAPHS WERE FROM 1989 WHEN THEY WERE DISCUSSED DURING OUR HEARINGS REGARDING THE RELEVANCY OF DOMESTIC DISCORD ISSUES, AND WITH THAT WE HAD NO OBJECTION. WE CERTAINLY HAVE NO OBJECTION TO THE TWO PHOTOGRAPHS THAT WERE TAKEN ALLEGEDLY BY DENISE BROWN IN 1989 AS BEING SIMILAR PHOTOGRAPHS TO THOSE THAT HAVE BEEN SHOWN TO A PREVIOUS WITNESS AND TAKEN BY THE LOS ANGELES POLICE DEPARTMENT. HOWEVER, FOR THE PROSECUTOR TO COME TO COURT AND OFFER A WITNESS AND FLASH A PHOTOGRAPH WITHOUT KNOWING WHAT THAT WITNESS WAS GOING TO SAY ABOUT THE PHOTOGRAPH AND TELLING YOUR HONOR THAT WE HASN'T ASKED HER, I GUESS SHE IS GOING TO SAY THEY WERE 1985, I DON'T KNOW WHAT SHE WILL SAY, I HAVE TO ASK HER, IS SOMETHING THAT IS NOT PERMITTED BY OUR RULES OF PROCEDURE.

FURTHER, THE FACT THAT I GRATUITOUSLY TURNED OVER AN EXTENSIVE LEXIS SEARCH REGARDING DENISE BROWN AND HER PUBLIC STATEMENTS, BOTH IN NEWSPAPERS AS WELL AS ABOUT TEN TELEVISION SHOW INTERVIEWS THAT SHE DID, AS WELL AS EXCERPTS FROM A BOOK THAT SHE PARTICIPATED IN, WAS ONLY TO AID THE PROSECUTION, SO THEY COULD NOT CLAIM SURPRISE AND SO THAT THEY WOULD BE PREPARED SHOULD THOSE ISSUES COME UP. HOWEVER, I HAVE NOT YET ASKED A QUESTION, AND I DON'T SEE HOW THE PROSECUTION CAN POSSIBLY KNOW WHAT QUESTIONS I'M GOING TO BE ASKING, IF ANY, OF MISS BROWN.

THE COURT: WELL, COUNSEL, MY CONCERN IS NOT NECESSARILY ANTICIPATING WHAT THE CROSS-EXAMINATION OF MISS BROWN IS GOING TO BE. MY CONCERN IS SHOWING THE JURY A RELATIVELY GRAPHIC PHOTOGRAPH OF THE VICTIM IN THIS MATTER, ONE OF THE VICTIMS IN THIS MATTER, WHO OBVIOUSLY APPEARS TO HAVE BEEN BEATEN FROM THIS PHOTOGRAPH, WITHOUT BEING ABLE TO TIE IT TO ANY OF THE INCIDENTS THAT WE ARE TALKING ABOUT HERE. THAT IS MY CONCERN.

MR. SHAPIRO: THAT IS OUR CONCERN AND WE ARE RELUCTANT TO OBJECT, BUT WHEN THEY START PUTTING UP MATERIAL LETTING THE COURT KNOW THAT THIS IS A 1989 INCIDENT AND THEN SAYING THEY CAN'T ESTABLISH A FOUNDATION, THEY DON'T KNOW WHEN IT WAS TAKEN AND THEY HAVEN'T EVEN ASKED THEIR WITNESS, IS CONDUCT THAT SHOULD NOT BE PERMITTED. THE QUESTION IS NOW WHAT IS THE REMEDY THAT CAN BE DONE AFTER THIS PHOTOGRAPH HAS BEEN SHOWN AND DISPLAYED FOR SEVERAL MINUTES? AND WHEN I INITIALLY WENT UP TO SIDE BAR, YOUR HONOR WILL RECALL, THAT I ASKED THAT THE PICTURE BEEN TAKEN DOWN IMMEDIATELY BECAUSE OF THOSE CONCERNS, AND YOUR HONOR DID HAVE THAT PICTURE REMOVED, BUT IT STILL TOOK A PERIOD OF TIME, AND I BELIEVE THAT IRREPARABLE HARM HAS BEEN DONE, AND TREMENDOUS BIAS TO MR. SIMPSON, BY DELIBERATELY DISPLAYING A PHOTOGRAPH WHERE THEY KNEW THERE IS ABSOLUTELY NO FOUNDATION AND THAT IT COULD NOT BE ADMITTED INTO EVIDENCE AND WAS IMPROPER TO SHOW.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. DARDEN: YOUR HONOR, I --

MR. SHAPIRO: ALSO, MR. COCHRAN REMINDS, ME REGARDING THE STATE OF MIND, DENISE BROWN'S STATE OF MIND IS IRRELEVANT TO THESE PROCEEDINGS. SHE IS NOT ON TRIAL. SHE IS A WITNESS SO FAR TO THREE EVENTS AND HER STATE OF MIND AND WHAT SHE FELT AND WHAT SHE WANTED TO DO IS TOTALLY IRRELEVANT TO ANYTHING. IF WE ARE SO SLOPPY AS TO BRING IT UP ON CROSS-EXAMINATION, THEN PERHAPS THE PEOPLE MIGHT CLAIM THE DOOR WAS OPENED, BUT TO TRY TO START WITH A PREEMPTIVE STRIKE AND TO ANTICIPATE BY BRINGING IN CLEARLY INADMISSIBLE MATERIAL IS NOT PERMITTED AND SHOULD NOT BE SANCTIONED BY THIS COURT AND THERE SHOULD BE A SERIOUS, SERIOUS MISCONDUCT SANCTION RENDERED AGAINST THE PROSECUTION FOR THIS BEHAVIOR.

THE COURT: SUCH AS?

MR. SHAPIRO: I THINK TO TELL THE JURY TO DISREGARD THE PHOTOGRAPH HAS NO EFFECT WHATSOEVER. I THINK A MORE SERIOUS SANCTION IS IN ORDER. AND I WOULD LIKE TO HAVE A MOMENT TO CONFER WITH MY COLLEAGUES AS TO WHAT THAT MIGHT BE AND ALSO TO PUT IN A CALL TO MR. DERSHOWITZ WHO IS VIEWING THESE PROCEEDINGS LONG DISTANCE.

MR. DARDEN: MAY I RESPOND, YOUR HONOR?

THE COURT: LET'S ALLOW COUNSEL TO CONFER FOR A MOMENT.

MR. DARDEN: PARDON?

THE COURT: LET'S ALLOW COUNSEL TO CONFER FOR A MOMENT.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. DARDEN: MAY I INTERJECT?

MR. SHAPIRO: YOUR HONOR, WE WOULD LIKE TO TAKE A RECESS AT THIS POINT IN TIME TO CONFER WITH MR. DERSHOWITZ AND MR. UELMEN, AS WELL AS MY CO-COUNSEL HERE IN COURT.

THE COURT: WELL, I THINK WE HAVE GOT ENOUGH HORSEPOWER HERE TO FIGURE THIS OUT, DON'T WE?

MR. SHAPIRO: YOUR HONOR, YOU KNOW, I HAVE BEEN PRACTICING FOR A LONG TIME AND I HAVE NEVER SEEN ANYTHING QUITE THIS EXTRAORDINARY WHERE A PHOTOGRAPH THAT IS CLEARLY INADMISSIBLE IS JUST THROWN UP ON A GIANT SCREEN TELEVISION FOR THE JURY TO SEE --

MR. DARDEN: YOUR HONOR --

MR. SHAPIRO: -- WITHOUT EVEN KNOWING -- I MEAN, MR. DARDEN IS ON THE RECORD AS SAYING I HAVEN'T ASKED THE WITNESS ABOUT THIS, I DON'T KNOW WHAT HER ANSWERS WOULD BE.

MR. DARDEN: I KNOW --

THE COURT: HOLD ON. HOLD ON.

MR. SHAPIRO: AND THE SANCTIONS -- CERTAINLY THE EASIEST SANCTION IS SIMPLY DISREGARD IT. WELL, MOST OF US WHO HAVE BEEN PRACTICING FOR A LONG PERIOD OF TIME KNOW THAT NOT ONLY IS THAT NOT EFFECTIVE, ALL IT DOES IS SERVE IN SOME INSTANCES TO REEMPHASIZE THE POINT, AND PERHAPS THERE SHOULD BE SOME SANCTIONS THAT ALL ISSUES OF DOMESTIC DISCORD BE STRICKEN FROM THIS RECORD AND THAT WE MOVE ON TO THE REAL ISSUES OF THIS CASE, AND THAT IS, WHO COMMITTED THESE HORRIBLE MURDERS. AND I THINK THAT MIGHT BE AN APPROPRIATE SANCTION UNDER THESE CIRCUMSTANCES, THAT THE PEOPLE WILL HAVE ALL OF THE EVIDENCE THAT THEY HAVE PRESENTED STRICKEN BECAUSE OF THIS TYPE OF CONDUCT.

MR. COCHRAN: WOULD YOU GIVE US ABOUT TWO MINUTES?

MR. DARDEN: YOU KNOW, THIS DOESN'T EVEN APPROACH ANYTHING THAT CAN BE CONSTRUED AS MISCONDUCT. THESE PHOTOGRAPHS WERE SHOWN TO THE COURT, THEY WERE SHOWN TO THE DEFENSE A MONTH AGO. THEY WERE PRESENTED HERE IN OPEN COURT AND THEY WERE SHOWN TO A WITNESS AND THEY WERE MARKED.

THE COURT: MR. DARDEN, MR. DARDEN, PLEASE, LET ME ASK YOU A QUESTION. THE PROBLEM I HAVE IS THAT WE HAVE SHOWN THE JURY THIS PHOTOGRAPH WITHOUT A FOUNDATION AS TO WHERE AND WHEN THIS PHOTOGRAPH WAS TAKEN OR BY WHOM, AND WE DON'T KNOW IF IT TIES UP TO ANY OF THE INCIDENTS THAT I HAVE INDICATED ARE ADMISSIBLE UNDER 1101(B) RULING.

MR. DARDEN: DID THE COURT -- DID THE COURT RULE IT INADMISSIBLE, THE RECOVERY OF THREE POLAROID PHOTOGRAPHS FROM A SAFE-DEPOSIT BOX?

THE COURT: IT MAY BE IRRELEVANT.

MR. DARDEN: OKAY.

THE COURT: AND IF IT IS IRRELEVANT, THE INFLAMMATORY NATURE OF THAT PARTICULAR PHOTOGRAPH, WHICH YOU HAVE TO ADMIT IS A PRETTY STRONG PHOTOGRAPH --

MR. DARDEN: THAT IS WHY WE HAVE THE LEARNED COUNSEL ON THE -- FOR THE DEFENSE, YOUR HONOR. THEY COULD HAVE OBJECTED. THEY HAVE AN EVIDENCE LIST JUST LIKE I HAVE.

THE COURT: THAT IS WHY WE ARE HERE.

MR. DARDEN: THAT'S RIGHT. THEY CERTAINLY DIDN'T. THEY DIDN'T OBJECT TO IT. THEY HAVE KNOWN ABOUT IT FOR A MONTH. THEY SAW IT LAST WEEK AND THEY DIDN'T OBJECT TO IT, BUT NOW THEY OBJECT TO IT TODAY AFTER THE JURY SEES IT.

THE COURT: WELL, NOW WE FOUND OUT THERE IS A NO FOUNDATION.

MR. DARDEN: THERE IS A FOUNDATION FOR IT. DENISE BROWN IS GOING TO TESTIFY TO HAVING SEEN THAT PHOTOGRAPH. IT ENDS UP IN A SAFE-DEPOSIT ALONG WITH THE 1989 PHOTOGRAPHS. THE DEFENSE HAS INDICATED THAT THEY ARE GOING TO CALL LENORE WALKER, AND IF THE COURT READS LENORE WALKER'S WRITING AS IT RELATES TO DOMESTIC VIOLENCE, THE FACT THAT THE VICTIM LEFT A TRAIL, A TRAIL JUST LIKE THE TRAIL LEFT BY NICOLE BROWN, IS VERY RELEVANT, EXTREMELY RELEVANT. IT IS GOING TO BE RELEVANT AS TO LENORE WALKER'S OPINION WHEN SHE ARRIVES.

THE COURT: WHY ISN'T THIS A REBUTTAL ISSUE? WHY IS THIS IN THE CASE OF CHIEF IF IT IS NOT ONE OF THE 1101(B) ISSUES, ONE OF THE 1101(B) INCIDENTS THAT I HAVE ALLOWED?

MR. DARDEN: BECAUSE IT IS RELEVANT AS TO DENISE BROWN'S STATE OF MIND.

THE COURT: DENISE BROWN'S STATE OF MIND IS IRRELEVANT.

MR. DARDEN: IT IS ALSO RELEVANT AS TO --

THE COURT: TAKE THAT TO THE BANK.

MR. DARDEN: PARDON?

THE COURT: TAKE THAT TO THE BANK.

MR. DARDEN: IS THAT AN INDICATED RULING?

THE COURT: IT IS A STRONG INCLINATION.

MR. DARDEN: IN ANY EVENT --

THE COURT: AT LEAST AT THIS POINT TO ESTABLISH -- DENISE BROWN IS HERE TO TESTIFY AS TO THE NATURE OF THE RELATIONSHIP AS TO THREE SPECIFIC INCIDENTS.

MR. DARDEN: CAN I --

THE COURT: THIS PHOTOGRAPH IS NOT RELATED TO ANY OF THOSE THREE INCIDENTS SO IT APPEARS TO ME TO BE IRRELEVANT. WHAT CONCERNS ME IS THE RATHER INFLAMMATORY NATURE OF THAT PHOTOGRAPH AND TO SHOW IT TO THE JURY WITHOUT ANY FOUNDATION FOR IT IS MORE THAN INAPPROPRIATE.

MR. DARDEN: YOUR HONOR, EVERYONE UNDERSTANDS WHEN THOSE PHOTOGRAPHS WERE RECOVERED. EVERYONE UNDERSTANDS THAT IN THE PHOTOGRAPHS --

THE COURT: DOESN'T MAKE IT ADMISSIBLE THAT THEY KNOW ABOUT IT, COUNSEL.

MR. DARDEN: CAN I --

THE COURT: GO AHEAD AND FINISH.

MR. DARDEN: CAN WE PUT TWO PHOTOGRAPHS UP ON THE SCREEN FOR YOU FOR A MOMENT SO THAT I CAN JUST MAKE ONE OTHER POINT ON THE ISSUE OF THEIR FAILURE TO OBJECT?

THE COURT: SURE.

MR. DARDEN: MR. FAIRTLOUGH.

THE COURT: ALL RIGHT. I SEE NO. 9 AND WHAT ELSE, MR. FAIRTLOUGH?

MR. FAIRTLOUGH: ALSO NUMBER --

MS. CLARK: 10.

MR. FAIRTLOUGH: -- 10, YOUR HONOR.

THE COURT: ALL RIGHT. WHAT IS THE POINT?

MR. DARDEN: THE POINT IS THIS: LOOK AT THE AGE OF NICOLE BROWN IN NO. 9 AND LOOK AT THE PHOTOGRAPH MARKED NUMBER -- WAS IT 11?

MS. CLARK: 10.

MR. DARDEN: NO. 10. OKAY. NO ONE IS HIDING ANYTHING FROM THE DEFENSE. THEY KNOW THAT DENISE BROWN SAW THIS PHOTOGRAPH. THEY KNOW THAT DENISE BROWN -- OR RATHER, THAT THE PHOTOGRAPH WAS TAKEN OUT OF THE 1989 SAFE-DEPOSIT BOX. YOU CAN LOOK AT THE PHOTOGRAPHS AND CLEARLY DISCERN THAT SHE IS YOUNGER, SHE APPEARS YOUTHFUL IN PEOPLE'S 9 FOR IDENTIFICATION. IF THEY WANTED TO OBJECT TO THE INTRODUCTION OF THESE PHOTOGRAPHS, THEY COULD HAVE.

THE COURT: THEY ARE.

MR. DARDEN: YEAH, AFTER THEY HAVE BEEN SHOWN TO THE JURY. I MEAN DID I JUST THROW IT ON THE ELMO AND FLIP THE SWITCH AND HAVE IT JUMP OUT THERE IN FRONT OF THE JURY? OF COURSE NOT. I EVEN ASKED PERMISSION TO PUT THE THING ON THE ELMO. I MEAN, WHAT MORE DO THEY WANT? HOW MANY DAYS OR MONTHS DO THEY NEED TO FORMULATE AN OBJECTION? MAYBE MR. DERSHOWITZ SHOULD COME HERE FROM NEW YORK AND HELP THEM DECIDE WHEN TO OBJECT.

THE COURT: I THINK HE IS IN BOSTON. BIG DIFFERENCE.

MR. COCHRAN: YOUR HONOR, IF I MIGHT RESPOND?

MR. DARDEN: YOUR HONOR, WHAT ABOUT THE TWO-ATTORNEY RULE? YOUR HONOR, WHAT ABOUT THE ONE-ATTORNEY RULE ON THE ISSUE?

THE COURT: HE IS THE ONE WHO RESPONDED. ACTUALLY THAT IS INCORRECT. MR. SHAPIRO.

MR. COCHRAN: I AM ADDRESSING A SLIGHTLY DIFFERENT ISSUE THAN WHAT MR. SHAPIRO --

THE COURT: NO. WE ARE TALKING ABOUT THE SAME PHOTOGRAPH, COUNSEL.

MR. COCHRAN: ALL RIGHT. BOB.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. DARDEN: THEY NEVER CEASE TO AMAZE ME. THEY HAVE MUCH MORE EXPERIENCE THAN WE HAVE ON THE PROSECUTION SIDE, YOUR HONOR. MUCH MORE TRIAL EXPERIENCE.

THE COURT: MR. DARDEN, THANK YOU. MR. SHAPIRO.

MR. SHAPIRO: YOUR HONOR, THE PROSECUTION, DURING THEIR PRESENTATION ON THESE ISSUES, TOLD YOUR HONOR THESE PHOTOGRAPHS WERE 1989. I DON'T THINK THERE IS ANYTHING MORE TO SAY. IF WE ARE GOING TO CALL AN EXPERT IN AS TO BEING ABLE TO TELL THE AGE OF A WOMAN WHEN SHE HAS BEEN OUT AT A NEW YEAR'S PARTY AND ACCORDING TO THE EVIDENCE BEEN DRINKING AND BEEN INVOLVED IN A DOMESTIC DISPUTE AND THEN SHOW A PICTURE OF HER MADE UP, THAT COULD BE THE NEXT DAY AFTER. I DON'T THINK THERE IS ANY ROOM FOR ANY DOUBT THAT THIS COURT HAS BEEN TOLD, COUNSEL HAS BEEN TOLD, AND I WOULD LIKE MR. DARDEN TO TELL YOUR HONOR THAT HE DIDN'T TELL YOU THESE WERE ALL 1989.

MR. DARDEN: THESE WERE ALL --

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

MR. DARDEN: ARCHIVED IN '89. THEY ALL RELATE TO THE 1989 INCIDENT. I THINK THAT IS THE ONLY CONCLUSION WE CAN DRAW, GIVEN WHAT WAS CONTAINED IN THE SAFE-DEPOSIT BOX, JUDGE. I MEAN, IT IS CLEAR TO ME THAT WHAT NICOLE BROWN WAS DOING WAS, ONE, IDENTIFYING HER FUTURE MURDERER, HER FUTURE KILLER, AND SHE WAS TRYING TO ESTABLISH FOR US, FOR MYSELF AND MR. GORDON AND MISS CLARK, PROOF OF A PATTERN OF ABUSE AND --

THE COURT: WELL, MR. DARDEN, THAT MAY VERY WELL BE, BUT I THINK THAT COMES IN THE PEOPLE'S REBUTTAL CASE AFTER YOU SEE WHAT DR. WALKER SAYS, AFTER YOU HAVE ESTABLISHED THAT THROUGH YOUR OWN EXPERTS AND THROUGH THE CROSS-EXAMINATION OF DR. WALKER. BUT TO THROW UP A PHOTOGRAPH THAT WE CAN'T DATE TO ANY OF THE INCIDENTS THAT I HAVE ALLOWED IS NOT APPROPRIATE. THAT IS THE COURT'S RULING.

MR. DARDEN: WELL, I THINK THEIR FAILURE TO OBJECT --

THE COURT: NO, NO.

MR. DARDEN: -- IS A WAIVER.

THE COURT: COUNSEL, WHEN THE COURT ALLOWS 1101(B) EVIDENCE, YOU HAVE TO BE -- YOU, AS THE PROSECUTION, HAVE TO BE VERY CONSERVATIVE AS TO HOW YOU GO ABOUT DOING THAT. IF YOU CAN'T TIE THIS PHOTOGRAPH TO ANY ONE OF THOSE THREE INCIDENTS THAT DENISE BROWN CAN TESTIFY TO, THAT PHOTOGRAPH IS NOT COMING IN. ALL RIGHT.

MR. SHAPIRO: MAY I ADDRESS THE COURT ON SANCTIONS, YOUR HONOR?

THE COURT: YES.

MR. SHAPIRO: YOUR HONOR, THE REASON THAT ONE MIGHT ASSUME THAT THAT PHOTOGRAPH WAS THROWN UP RELATES BACK TO THE TESTIMONY OF A POLICE OFFICER NAMED EDWARDS WHO TESTIFIED THAT HE TOOK PHOTOGRAPHS, BUT THE PHOTOGRAPHS DID NOT ADEQUATELY DEPICT THE INJURIES AS HE OBSERVED THEM BECAUSE THEY WERE TAKEN WITH POLAROID FILM AND BECAUSE NICOLE BROWN SIMPSON DID NOT WANT TO GO DOWNTOWN FOR PROPER PHOTOGRAPHS.

THE COURT: I THOUGHT WE WERE TALKING ABOUT SANCTIONS.

MR. SHAPIRO: WELL, I'M LEADING TO THAT. THE INFERENCE NOW IS THIS IS THE WAY SHE REALLY LOOKED IN 1989, AND I THINK THE SANCTIONS SHOULD BE THAT THE JURY SHOULD STRIKE FROM THEIR DELIBERATIONS ANY REFERENCE TO AN INCIDENT IN 1989, ANY REFERENCE TO ANY INJURIES THAT WERE SUFFERED BY NICOLE BROWN SIMPSON, AND ANY PHOTOGRAPHS THAT THEY HAVE SEEN OR ANY TESTIMONY DEPICTING THOSE INJURIES.

THE COURT: ALL RIGHT.

MR. DARDEN: YOUR HONOR, WHEN WE BEGAN THIS TRIAL THE COURT ORDERED THE DEFENSE TO PROVIDE US AN OPPORTUNITY TO LOOK AT THEIR EXHIBITS AND WE WERE GIVEN A NANOSECOND TO DO THAT, AND WHEN WE REALIZED THERE WAS A PROBLEM WITH ONE OF THOSE EXHIBITS AND OBJECTED, THE COURT FOUND THAT WE HAD WAIVED THE RIGHT TO OBJECT BECAUSE THE OBJECTION WAS UNTIMELY, AS THE COURT RULED. I THINK THE COURT SHOULD FIND THE SAME IN THIS SITUATION. THEY KNEW WHAT EXHIBIT 9 WAS. THEY HAVE SEEN IT, THEY HAVE IT IN THEIR HAND, THEY HAVE POSSESSED IT. IT WAS AN ISSUE IN THE DV HEARINGS. I MEAN TO SANCTION US NOW --

THE COURT: DO YOU HAVE A FOUNDATION FOR THIS PHOTOGRAPH?

MR. DARDEN: YES. IT IS A PHOTOGRAPH THAT DENISE BROWN SAW IN THE EIGHTIES AT ROCKINGHAM.

THE COURT: DOESN'T HELP US. THANK YOU.

MR. DARDEN: I'M SORRY, DID YOU SAY SOMETHING, MR. COCHRAN?

MR. COCHRAN: (SHAKES HEAD FROM SIDE TO SIDE.)

THE COURT: LET'S HAVE THE JURY, PLEASE.

MR. DARDEN: WOULD THE COURT KINDLY INDICATE TO US WHAT THE COURT INTENDS TO TELL THE JURY?

THE COURT: YOU WILL SEE IN ABOUT THIRTY SECONDS.

MR. DARDEN: NO.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. THE RECORD SHOULD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. LADIES AND GENTLEMEN, FROM TIME TO TIME I NEED TO SPEAK TO THE LAWYERS ON ISSUES THAT ARE OFTENTIMES COMPLEX AND REQUIRE EXTENSIVE ARGUMENT. DON'T NECESSARILY REQUIRE IT, BUT WE GET EXTENSIVE ARGUMENT, AND I THINK IT IS EASIER FOR ME TO HAVE YOU STEP INTO THE JURY ROOM SO YOU CAN USE THE FACILITIES THERE AND STRETCH A LITTLE, RATHER THAN FOR US TO STAND OVER AT SIDE BAR FOR TWENTY MINUTES TO HALF AN HOUR. THAT IS THE REASON FOR THAT. THE REASON FOR OUR DISCUSSION TODAY WAS THAT LAST PHOTOGRAPH THAT YOU WERE SHOWN, PEOPLE'S EXHIBIT NO. 9, I AM NOT GOING TO ALLOW THE USE OF THAT PHOTOGRAPH, DESPITE THE FACT THAT YOU HAVE ALREADY SEEN IT. I KNOW IT IS DIFFICULT TO UNRING A BELL, BUT I'M GOING TO ASK YOU TO DISREGARD WHAT YOU SAW IN THAT PARTICULAR PHOTOGRAPH. THE REASON FOR THAT IS THERE IS NO FOUNDATION, THERE IS A LEGAL FINDING THERE IS NO FOUNDATION FOR THAT PHOTOGRAPH. IN OTHER WORDS, WE DON'T KNOW THE DATE, TIME AND PLACE WHERE THAT WAS TAKEN, BY WHOM AND WHAT IT PURPORTS TO DEPICT. ALL WE HAVE IS THE PICTURE AND WE CAN'T TELL THE PLACE, DATE AND TIME OR WHO WAS THERE OR WHO TOOK IT AT THIS POINT, SO I'M GOING TO ASK YOU TO DISREGARD THAT PHOTOGRAPH. AND WE WILL CONTINUE WITH THE TESTIMONY OF DENISE BROWN.

(BRIEF PAUSE.)

THE COURT: ALL RIGHT. MISS BROWN, WOULD YOU RESUME THE WITNESS STAND, PLEASE. ALL RIGHT. MISS BROWN, YOU ARE REMINDED YOU ARE STILL UNDER OATH. WOULD YOU JUST PULL THE MICROPHONE CLOSE TO YOU, PLEASE.

THE WITNESS: (WITNESS COMPLIES.)

THE COURT: THANK YOU. MR. DARDEN, YOU MAY CONTINUE.

MR. DARDEN: THANK YOU, YOUR HONOR. YOUR HONOR, MAY I PRESENT TO THE WITNESS ON THE ELMO PEOPLE'S 10 FOR IDENTIFICATION?

THE COURT: YES, YOU MAY.

Q: BY MR. DARDEN: MISS BROWN, SHOWING WHAT YOU HAS BEEN MARKED PEOPLE'S 10 FOR IDENTIFICATION, IS THAT A PHOTOGRAPH OF YOUR SISTER, NICOLE?

A: YES, IT IS.

Q: IS THAT A PHOTOGRAPH THAT YOU HAVE SEEN BEFORE?

A: YES, IT IS.

Q: DO YOU KNOW WHO TOOK THAT PHOTOGRAPH?

A: I DID.

Q: DO YOU RECALL WHEN IT WAS THAT YOU TOOK THAT PHOTOGRAPH?

A: YEAH. IT WAS RIGHT AFTER THE '89 INCIDENT.

Q: WAS ON IT NEW YEAR'S DAY ITSELF?

A: YEAH. I THINK IT WAS A COUPLE OF DAYS LATER.

Q: THAT PHOTOGRAPH DEPICTS CERTAIN INJURIES TO YOUR SISTER; IS THAT CORRECT?

A: YES, IT DOES.

Q: THE SWELLING OVER HER RIGHT EYE, THAT ISN'T HOW SHE USUALLY LOOKED, IS IT?

A: NO, IT IS NOT.

MR. DARDEN: YOUR HONOR, MAY I SHOW THE JURY PEOPLE'S 11 FOR IDENTIFICATION?

THE COURT: YES, YOU MAY.

Q: BY MR. DARDEN: MISS BROWN, SHOWING YOU PEOPLE'S 11 FOR IDENTIFICATION, IN THIS PHOTOGRAPH YOUR SISTER HAS HER RIGHT ARM RAISED; IS THAT CORRECT?

A: YES.

Q: DO YOU SEE ANY INJURY TO HER RIGHT ARM THERE?

A: YES, I DO.

Q: WHAT DO YOU SEE?

A: A BRUISE, A BIG BRUISE.

Q: AND DIRECTING YOUR ATTENTION TO THE RIGHT SIDE OF HER -- OF HER HEAD OR FOREHEAD, DO YOU SEE ANY INJURIES TO THE RIGHT SIDE OF HER HEAD?

A: YES, I DO.

Q: THAT IS NOT HOW SHE USUALLY LOOKED, IS IT?

A: NO, IT IS NOT.

Q: YOU TOLD US A MOMENT AGO THAT YOU TOOK THESE PHOTOGRAPHS; IS THAT CORRECT?

A: YES, I DID.

Q: OKAY. WOULD YOU DESCRIBE FOR US, PLEASE, THE CIRCUMSTANCES THAT LEAD TO YOUR TAKING THESE PHOTOGRAPHS?

A: NICOLE ASKED ME TO TAKE THEM FOR HER.

MR. SHAPIRO: YOUR HONOR, I'M GOING TO OBJECT TO ANY FURTHER TESTIMONY. THAT QUESTION HAS BEEN ASKED AND ANSWERED.

THE COURT: SUSTAINED. NOT SUSTAINED. NEXT QUESTION.

Q: BY MR. DARDEN: HOW MANY PHOTOGRAPHS OF HER DID YOU TAKE THAT DAY?

MR. SHAPIRO: OBJECTION, YOUR HONOR, BASED ON THE COURT'S PREVIOUS RULING.

THE COURT: OVERRULED.

Q: BY MR. DARDEN: I WILL REASK THE QUESTION. THE DAY THAT YOU TOOK THE LAST TWO PHOTOGRAPHS YOU JUST SAW HERE, 10 AND 11 --

A: RIGHT.

Q: -- THAT DAY DID YOU TAKE ANY OTHER PHOTOGRAPHS OF YOUR SISTER?

MR. SHAPIRO: YOUR HONOR, MAY WE APPROACH?

THE COURT: ALL RIGHT. WITHOUT THE COURT REPORTER FIRST.

MR. SHAPIRO: YES.

(A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: ALL RIGHT. THANK YOU, COUNSEL. MR. DARDEN, YOU MAY CONTINUE.

Q: BY MR. DARDEN: MISS BROWN, ARE THESE THE ONLY TWO PHOTOGRAPHS YOU TOOK?

A: YES, THEY ARE.

Q: AFTER YOU TOOK THOSE PHOTOGRAPHS, WHAT DID YOU DO WITH THEM?

A: I GAVE THEM TO NICOLE. SHE TOOK THEM.

Q: OKAY. AND DID YOU KNOW BACK IN 1989 WHETHER OR NOT YOUR SISTER NICOLE HAD A SAFE-DEPOSIT BOX AT UNION BANK?

A: NO, I DID NOT.

Q: MISS BROWN, LAST WEEK WE PLAYED FOR THE JURY AN AUDIOTAPE OF AN INCIDENT THAT OCCURRED IN 1993. HAVE YOU HEARD ANY PORTION OF THAT AUDIOTAPE?

MR. SHAPIRO: OBJECTION, IRRELEVANT.

THE COURT: OVERRULED.

Q: BY MR. DARDEN: HAVE YOU HEARD ANY PORTION OF THAT AUDIOTAPE?

A: I DON'T THINK SO.

Q: THE 1993 TAPE OF THE INCIDENT AT GRETNA GREEN?

MR. SHAPIRO: IT HAS BEEN ASKED AND ANSWERED.

THE WITNESS: I DON'T KNOW. I DON'T THINK SO.

THE COURT: OVERRULED.

MR. DARDEN: I'M SORRY, I DIDN'T HEAR THE ANSWER, YOUR HONOR.

THE COURT: SHE DIDN'T, NO, SHE DOESN'T BELIEVE THAT SHE HEARD IT. IS THAT CORRECT, MISS BROWN?

THE WITNESS: YES.

THE COURT: MR. DARDEN.

Q: BY MR. DARDEN: WHEN WAS THE FIRST TIME YOU LEARNED THAT SOMETHING HAD OCCURRED ON OCTOBER 25, 1993, AT GRETNA GREEN?

MR. SHAPIRO: OBJECTION, IRRELEVANT.

THE COURT: SUSTAINED.

Q: BY MR. DARDEN: WERE YOU PRESENT AT YOUR SISTER'S HOUSE ON OCTOBER 25, 1993?

A: NO. NOT THAT I REMEMBER, NO.

Q: YOUR SISTER WAS MARRIED TO THE DEFENDANT IN FEBRUARY OF 1985; IS THAT CORRECT?

A: YES.

Q: AND SINCE THAT DATE DID YOU ON OCCASION SOCIALIZE WITH THE DEFENDANT?

A: YES.

Q: AND DID YOU SOCIALIZE WITH THE DEFENDANT AND YOUR SISTER?

A: YES, WE DID.

Q: YOU WENT OUT TOGETHER?

A: YES.

Q: WENT TO CLUBS?

A: YES.

Q: WHAT KIND OF PLACES AND WHAT KIND OF THINGS DID YOU DO WITH THE DEFENDANT AND YOUR SISTER?

MR. SHAPIRO: OBJECTION, RELEVANCY, YOUR HONOR.

THE COURT: OVERRULED.

THE WITNESS: WE USED TO GO OUT TO DINNER, WE USED TO GO DANCING. UMM, WE DID FAMILY VACATIONS, SKI TRIPS. WE DID A LOT OF THINGS TOGETHER. WE WERE A FAMILY.

Q: BY MR. DARDEN: AND YOU CONSIDERED THE DEFENDANT PART OF YOUR FAMILY?

A: ABSOLUTELY.

Q: SO NOT EVERYTHING THAT HAPPENED BETWEEN YOUR SISTER AND THE DEFENDANT WAS BAD, CORRECT?

A: NO, NOT AT ALL.

Q: LOTS OF GOOD TIMES?

A: YEAH.

Q: DID THE DEFENDANT OWN ANY PROPERTY IN VICTORIA BEACH?

A: YES, HE DID. HE HAD A HOUSE.

Q: I'M SORRY?

A: HE HAD A HOUSE ON VICTORIA BEACH.

Q: BEACH HOUSE?

A: YES.

Q: AND WERE THERE OCCASIONS WHEN YOUR SISTER WOULD GO DOWN TO THE BEACH HOUSE ON VICTORIA BEACH WITHOUT THE DEFENDANT?

A: YES.

Q: AND WOULD SHE BRING THE CHILDREN SOMETIMES?

A: YES.

Q: AND SOMETIMES THE DEFENDANT WOULD COME WITH HER; IS THAT RIGHT?

A: YES.

Q: OKAY. AND YOUR FAMILY, THE BROWN FAMILY, DID YOU LIVE CLOSE BY OR NEAR THE BEACH HOUSE?

A: YES, WE DO.

Q: DURING THOSE OCCASIONS WHEN YOUR SISTER CAME TO THE BEACH HOUSE ALONE, WITHOUT THE DEFENDANT, DID YOU MEET HER THERE ON OCCASION?

A: COULD YOU REPEAT THAT? I'M SORRY.

Q: ON THOSE OCCASIONS WHEN YOUR SISTER CAME TO THE BEACH HOUSE ALONE --

A: UH-HUH.

Q: -- WOULD YOU MEET HER AT THE BEACH HOUSE ON OCCASION?

A: OH, SURE.

Q: WOULD SHE COME TO YOUR FAMILY HOME ALONE WITHOUT THE DEFENDANT ON OCCASION?

A: OH, YES.

Q: AND ON SOME OF THOSE OCCASIONS WOULD YOU HEAR FROM THE DEFENDANT?

A: YES, WE DID.

Q: HE WOULD CALL?

A: YES, HE DID.

Q: AND WAS THERE ANY PATTERN TO THE NUMBER OF CALLS YOU WOULD RECEIVE FROM THE DEFENDANT ON THOSE OCCASIONS WHEN YOUR SISTER CAME TO THE BEACH HOUSE OR TO YOUR HOUSE ALONE?

MR. SHAPIRO: OBJECTION. CALLS FOR SPECULATION, NO FOUNDATION AND IT IS IRRELEVANT.

THE COURT: SUSTAINED.

Q: BY MR. DARDEN: ON THOSE OCCASIONS WHEN YOUR SISTER WOULD COME -- STRIKE THAT. STRIKE THAT. ON THOSE OCCASIONS WHEN YOUR SISTER WAS IN LAGUNA BEACH OR VICTORIA BEACH ALONE, WOULD THE DEFENDANT CALL?

A: YES, HE WOULD.

Q: WOULD YOU ANSWER THE PHONE?

A: SOMETIMES ON OCCASION.

Q: AND ON THOSE OCCASIONS WHEN YOU ANSWERED THE PHONE WAS THERE A PATTERN AS TO WHAT THE DEFENDANT WOULD SAY TO YOU?

MR. SHAPIRO: OBJECTION, YOUR HONOR. THERE IS NO FOUNDATION, NO SIGNIFICANCE AS TO WHAT TIME OR PLACE THIS OCCURRED.

THE COURT: SUSTAINED.

Q: BY MR. DARDEN: DO YOU RECALL WHEN IT WAS THAT THE DEFENDANT BOUGHT THE HOUSE IN VICTORIA BEACH?

A: NO, I DON'T RECALL.

Q: DO YOU RECALL IF IT WAS IN THE EIGHTIES AS OPPOSED TO THE NINETIES?

A: YES, EIGHTIES.

Q: ALL RIGHT. DO YOU KNOW THE EXACT DATE EACH AND EVERY TIME YOUR SISTER CAME TO VICTORIA BEACH?

A: DO I KNOW THE EXACT DATE?

Q: YEAH, THE EXACT DATES?

A: NO.

Q: OKAY. WERE THERE MANY OCCASIONS?

A: YES.

MR. DARDEN: COULD I HAVE ONE MOMENT, YOUR HONOR?

THE COURT: CERTAINLY.

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

Q: BY MR. DARDEN: WAS THERE EVER AN OCCASION WHEN YOUR SISTER CAME TO VICTORIA BEACH ALONE AND THE DEFENDANT DIDN'T CALL?

MR. SHAPIRO: OBJECTION.

THE WITNESS: NO. SORRY.

MR. SHAPIRO: NO FOUNDATION AS TO TIME.

THE COURT: ALL RIGHT. THAT LAST QUESTION AND ANSWER WILL BE STRICKEN. THE JURY IS TO DISREGARD. MR. DARDEN.

MR. DARDEN: MAY WE APPROACH FOR A MOMENT, YOUR HONOR?

THE COURT: YUP. WITH THE REPORTER, PLEASE.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

THE COURT: WE ARE OVER AT THE SIDE BAR. MR. DARDEN, LET ME EXPRESS TO YOU MY CONCERN. I HAVE GIVEN YOU AN 1101(B) RULING, A WIDE RANGE OF SPECIFIC INCIDENTS THAT YOU CAN GO INTO THAT COVER A WIDE RANGE OF DIFFERENT TYPES OF BEHAVIOR, AND I SEE AN INSISTENCE OF GOING FAR BEYOND WHAT I HAVE ALLUDED IN MY 1101(B) RULINGS ON. THIS BUSINESS ABOUT ASKING HER ABOUT PHONE CALLS, I ASSUME SHE IS GOING TO SAY THAT HE WOULD CALL 23 OR 24 TIMES EVERY TWENTY MINUTES AND TRYING TO CHECK UP ON HER AND ALL OF THAT. WELL, THAT IS NOT REALLY RELEVANT TO ANY OF THE PARTICULAR INCIDENTS THAT I RULED ARE ADMISSIBLE AND WILL BE INTERESTING IN THE PEOPLE'S REBUTTAL CASE IF LENORE WALKER COMES IN AND SAYS THAT THAT IS CONDUCT -- STALKING CONDUCT OR SOMETHING OR CONTROL CONDUCT. THAT WILL BE INTERESTING REBUTTAL, BUT IN THE PEOPLE'S CASE IN CHIEF I THINK YOU ARE GOING WAY BEYOND THE BOUND OF WHAT I HAVE ALLOWED.

MR. DARDEN: CAN I HAVE ONE MOMENT?

THE COURT: SURE.

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

MR. SHAPIRO: OFF THE RECORD ON SOMETHING?

THE COURT: YES.

(DISCUSSION HELD OFF THE RECORD.)

MR. DARDEN: I'M SORRY, CAN WE HAVE A MOMENT TO CONFER?

THE COURT: SURE, SURE.

MR. DARDEN: YOU ARE TALKING ON THE RECORD?

THE COURT: NO.

MR. DARDEN: I CERTAINLY DON'T WANT TO DO ANYTHING THAT IS GOING TO CAUSE THE COURT TO ADMONISH THE JURY AGAIN, BUT YOU KNOW, THE FACT THAT THE DEFENDANT CALLED -- CALLED REPEATEDLY WHENEVER SHE WENT TO VICTORIA BEACH ALONE IS A FACT THAT WAS MENTIONED IN OUR BRIEF AND WHICH WASN'T EXCLUDED SPECIFICALLY.

THE COURT: I KNOW. I RULED THAT YOU GET TO BRING IN CERTAIN VERY SPECIFIC INCIDENTS AND THAT IS ALL YOU GET TO BRING IN AT THIS POINT.

MR. DARDEN: CAN I HAVE A MOMENT TO GET MY -- MY NOTES IN ON THE COURT'S RULING? BECAUSE, YOU KNOW, MAYBE -- MAYBE I SHOULD TAKE A LOOK AT IT SO THAT I DON'T RUN INTO THIS PROBLEM. MAYBE --

MR. SHAPIRO: YOUR HONOR, I WOULD OBJECT TO THAT. I MEAN, THE COURT'S RULING IS THE COURT'S RULING.

MR. DARDEN: I WILL KEEP ASKING QUESTIONS AND YOU KEEP OBJECTING.

MR. SHAPIRO: YOUR HONOR, YOU KNOW, THAT IS EXACTLY WHY WE HAVE TO KEEP APPROACHING THE BENCH, BECAUSE EITHER MR. DARDEN IS BEING CAVALIER AND JUST TRYING TO ACT IN SOME ARROGANT MANNER TOWARDS YOUR HONOR, OR THAT HE HAS NOT TALKED TO THE WITNESS, AND DOES NOT KNOW WHAT THIS WITNESS IS GOING TO SAY; EITHER IS INAPPROPRIATE.

THE COURT: WELL, I THINK WE ARE PAST PUSHING THE ENVELOPE. WE HAVE GOTTEN PAST HERE. ALL RIGHT. I RULED AS TO CERTAIN SPECIFIC INCIDENTS THAT CAN BE BROUGHT IN. THIS IS NOT ONE OF THEM. ALL RIGHT.

MR. DARDEN: BUT YOU --

THE COURT: ALL RIGHT. LET'S GO.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. SHAPIRO: YOUR HONOR, OFF THE RECORD?

(DISCUSSION HELD OFF THE RECORD.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: ALL RIGHT. THANK YOU, COUNSEL. MR. DARDEN, YOU MAY CONTINUE.

Q: BY MR. DARDEN: MISS BROWN, YOU HAVE A NIECE AND A NEPHEW BY YOUR SISTER NICOLE; IS THAT CORRECT?

A: YES, I DO.

Q: THAT IS SYDNEY AND JUSTIN?

A: YES.

Q: DO YOU RECALL IN WHICH YEAR EACH OF YOUR NIECE AND NEPHEW WERE BORN?

MR. SHAPIRO: OBJECTION, IRRELEVANT.

THE COURT: OVERRULED.

THE WITNESS: SYDNEY WAS BORN IN 1985 AND JUSTIN WAS BORN IN 1988.

Q: BY MR. DARDEN: I TAKE IT THAT YOUR SISTER GAINED WEIGHT WHILE SHE WAS PREGNANT?

A: YES, SHE DID.

Q: AND AFTER EACH OF THOSE PREGNANCIES DID SHE KEEP THE WEIGHT ON FOR A WHILE?

A: YEAH. IT --

Q: WHILE SHE WAS ACTUALLY PREGNANT DID YOU EVER HEAR THE DEFENDANT COMMENT ABOUT HER WEIGHT?

A: YES, I DID.

Q: WHAT DID THE DEFENDANT SAY ABOUT YOUR SISTER'S WEIGHT WHILE SHE WAS PREGNANT?

MR. SHAPIRO: OBJECTION, HEARSAY.

THE COURT: SUSTAINED.

MR. DARDEN: IT IS THE DEFENDANT'S STATEMENT, YOUR HONOR.

THE COURT: I'M SORRY. OVERRULED.

THE WITNESS: COULD YOU REPEAT THAT, PLEASE.

Q: BY MR. DARDEN: WHAT DID THE DEFENDANT SAY ABOUT YOUR SISTER'S WEIGHT WHILE SHE WAS PREGNANT?

A: HE USED TO CALL HER A FAT PIG. HE USED TO COMMENT LIKE THIS ALL THE TIME.

Q: DID HE MAKE HAND GESTURES?

A: YES.

Q: HOLDING BOTH HANDS APART AS YOU JUST INDICATED ON THE RECORD?

A: YES.

Q: OKAY. DID YOU ACTUALLY HEAR HIM CALL YOUR SISTER A FAT PIG WHILE SHE WAS PREGNANT?

A: YES.

Q: AND AFTER SHE HAD HAD EACH OF THE CHILDREN WOULD HE MAKE SIMILAR COMMENTS ABOUT HER WEIGHT?

A: YEAH. HE HATED FAT WOMEN.

Q: HE WOULD TELL YOUR SISTER THAT HE HATED FAT WOMEN?

A: HE WOULD ALWAYS COMMENT ABOUT HER WEIGHT.

Q: AND YOU WOULD BE PRESENT ON OCCASION WHEN HE MADE THESE COMMENTS?

A: YES, I WAS.

Q: DID YOUR SISTER NICOLE REACT IN ANY WAY ON THOSE OCCASIONS WHEN THE DEFENDANT WOULD CALL HER A FAT PIG OR SAY THAT HE HATED FAT WOMEN?

A: AT ONE POINT SHE DIDN'T CARE HOW MUCH WEIGHT SHE GAINED, SHE JUST WANTED HIM TO LEAVE HER.

MR. DARDEN: CAN I HAVE ONE MOMENT, YOUR HONOR?

THE COURT: YES.

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

Q: BY MR. DARDEN: MISS BROWN, WHO ELSE WOULD BE AROUND ON THOSE OCCASIONS WHEN THE DEFENDANT MADE THESE COMMENTS ABOUT NICOLE'S WEIGHT?

A: OH, GOD. I DON'T KNOW. MY MOM. SHE HEARD IT, TOO. MY SISTERS, OTHER PEOPLE.

Q: AND WHEN THE DEFENDANT WOULD MAKE THESE COMMENTS ABOUT YOUR SISTER'S WEIGHT, DID HER DEMEANOR CHANGE AT ALL FROM WHAT YOU COULD SEE?

A: SHE -- SHE WOULD JUST SORT OF SIT THERE. SHE REALLY DIDN'T DO ANYTHING. SHE JUST GOT QUIET.

Q: AND ON THOSE OCCASIONS WHEN THE DEFENDANT WOULD CALL YOUR SISTER THESE NAMES, DID YOU SAY ANYTHING TO HIM?

A: I DON'T REMEMBER.

Q: AND AT SOME POINT YOUR SISTER LOST THE WEIGHT; IS THAT CORRECT?

A: YEAH, SHE LOOKED GREAT.

Q: DO YOU RECALL WHEN IT WAS THAT SHE LOST THE WEIGHT?

A: UMM, IT WAS A COUPLE OF YEARS AGO. IT WAS THREE YEARS AGO, I GUESS.

Q: AND DO YOU KNOW HOW SHE LOST THE WEIGHT?

A: YEAH. SHE STARTED RUNNING AND EATING REALLY HEALTHY.

Q: BY THE WAY, THE COMMENTS THE DEFENDANT MADE ABOUT YOUR SISTER'S WEIGHT, WERE THOSE COMMENTS MADE IN PUBLIC?

A: UMM, YEAH.

Q: ON THOSE OCCASIONS WHEN YOU SAW THE DEFENDANT, AND THIS IS AFTER YOUR SISTER LOST THE WEIGHT, DID HIS ATTITUDE ABOUT HER WEIGHT CHANGE AT ALL?

A: YEAH. HE LOVED IT. "LOOK AT HER. SHE LOOKS GREAT, DOESN'T SHE? SHE IS MINE."

Q: THAT IS WHAT THE DEFENDANT WOULD SAY?

A: YEAH. SHE WAS ALWAYS LIKE A POSSESSION.

Q: WELL, DURING THE YEARS WHEN SHE WAS CARRYING THE WEIGHT, DID HE EVER SAY, "LOOK AT HER, DOESN'T SHE LOOK GREAT? SHE IS MINE"?

A: MAYBE WHEN SHE WAS DRESSED UP OR SOMETHING. WHO KNOWS.

MR. DARDEN: I NEED THE COURT'S GUIDANCE ON ONE MATTER. CAN WE APPROACH SIDE BAR FOR A MOMENT?

THE COURT: MADAM REPORTER, HOW IS YOUR PAPER SUPPLY?

REPORTER OLSON: FINE. I CHANGED IT AT THE LAST BENCH CONFERENCE.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

THE COURT: WE ARE AT THE SIDE BAR. MR. DARDEN.

MR. DARDEN: IN HER STATEMENT TO US SHE INDICATES THAT WHENEVER THERE WAS A FIGHT, WHENEVER NICOLE AND THE DEFENDANT HAD A FIGHT, HE WOULD ALWAYS CALL THE HOUSE COMPLAINING ABOUT NICOLE AND GIVING HIS ACCOUNT OF WHAT HAPPENED BEFORE SHE COULD CALL HIM. I DON'T BELIEVE THAT HAS BEEN EXCLUDED, BUT IT IS A PHONE CALL AND I WANTED TO MAKE THE COURT AND COUNSEL AWARE THAT THAT IS THE AREA I'M HEADING INTO, AND IF THERE IS AN OBJECTION --

THE COURT: MR. SHAPIRO.

MR. SHAPIRO: YES. THERE IS A HEARSAY OBJECTION. I BELIEVE THOSE CALLS WERE MADE TO MRS. BROWN, SENIOR, JUDITHA. I DIDN'T SAY THAT RIGHT. JUDY BROWN AND NOT TO THIS WITNESS. UNLESS MR. DARDEN CAN GIVE US AN OFFER OF PROOF IF HE HAS TALKED TO HER ABOUT THE ISSUE, NOT ABOUT WHAT IS WRITTEN, BUT IF HE HAS TALKED TO HER ABOUT THIS ISSUE -- OR IS THIS ANOTHER ISSUE THAT WE WILL JUST SEE WHAT THE ANSWER IS AFTER THE QUESTION IS ASKED?

MR. DARDEN: YES. SHE WILL TESTIFY THAT THERE WERE OCCASIONS WHEN SHE SPOKE TO HIM PERSONALLY WHEN HE WOULD TELL HER THAT THEY HAD A FIGHT AND --

MR. SHAPIRO: YOUR HONOR, WE WOULD ALSO HAVE TO KNOW THE FOUNDATION, WHEN THEY TOOK PLACE, ET CETERA.

THE COURT: CAN YOU TIE --

MR. SHAPIRO: ARE THEY WITHIN THESE INCIDENTS THAT ARE ALLOWED?

THE COURT: CAN YOU TIE IT TO ONE OF OUR INCIDENTS, '89, '85, '84?

MR. DARDEN: I --

THE COURT: LET'S GO OFF THE RECORD FOR A SECOND.

(DISCUSSION HELD OFF THE RECORD.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: ALL RIGHT. THANK YOU, COUNSEL. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE A BRIEF 20-MINUTE RECESS AT THIS TIME. I'M GOING TO ASK YOU TO STEP BACK IN THE JURY ROOM. WE WILL RESUME AND GO THROUGH TO THE LUNCH HOUR. PLEASE REMEMBER MY ADMONITION TO YOU. PLEASE DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS, ALLOW ANYBODY TO TALK TO YOU ABOUT THE CASE. SEE YOU BACK HERE IN 20 MINUTES.

(RECESS.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

THE COURT: THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED.

MR. GORDON: MR. DARDEN IS BRINGING THE WITNESS DOWN.

THE COURT: THE RECORD SHOULD REFLECT WE'VE BEEN REJOINED BY ALL OF OUR JURORS. MR. DARDEN IS BRINGING THE WITNESS DOWN?

MR. GORDON: HE'LL BE HERE IN JUST A MOMENT.

(BRIEF PAUSE.)

THE COURT: MR. DARDEN, DO YOU HAVE MISS BROWN?

MR. DARDEN: SHE'S GOING THROUGH THE METAL DETECTOR, YOUR HONOR.

THE COURT: ALL RIGHT.

MR. DARDEN: THERE'S A VERY, VERY LONG LINE OUT THERE, VERY LONG.

THE COURT: BUSY DAY.

(BRIEF PAUSE.)

THE COURT: ALL RIGHT. MISS BROWN, WOULD YOU RESUME THE WITNESS STAND, PLEASE. ALL RIGHT. GOOD MORNING AGAIN, MISS BROWN. YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. DARDEN.

Q: BY MR. DARDEN: MISS BROWN, YOU DESCRIBED FOR US THE INCIDENT AFTER YOU WENT TO THE LA CANTINA RESTAURANT AND YOU ALSO DESCRIBED THE INCIDENT AT THE RED ONION AND YOU ALSO TESTIFIED THAT YOU CONSUMED ALCOHOL ON EACH OF THOSE SPECIFIC OCCASIONS; IS THAT CORRECT?

A: YES, I DID.

Q: AND ON THOSE OCCASIONS, DID YOU HAVE A DRINKING PROBLEM?

A: YES, I DID.

Q: YOU'RE A RECOVERING ALCOHOLIC?

A: YES, I AM. SOBER FOR OVER A YEAR NOW.

Q: DURING JANUARY OF 1992, DID YOUR SISTER LEAVE THE DEFENDANT?

A: YES, SHE DID.

MR. SHAPIRO: YOUR HONOR, I'M GOING TO OBJECT AND MOVE TO STRIKE. THAT CALLS FOR HEARSAY.

THE COURT: OVERRULED.

Q: BY MR. DARDEN: AND DID SHE MOVE SOMEWHERE ELSE?

A: SHE DID.

Q: WHERE DID SHE MOVE TO?

A: TO GRETNA GREEN.

Q: AND DID YOU VISIT HER THERE?

A: YES, I DID.

Q: HOW DID THE DEFENDANT REACT TO YOUR SISTER LEAVING HIM IN JANUARY OF 1992?

MR. COCHRAN: OBJECTION. CALLS FOR SPECULATION.

THE COURT: IT'S VAGUE.

Q: BY MR. DARDEN: DID YOU EVER DISCUSS WITH THE DEFENDANT HIS FEELINGS ABOUT YOUR SISTER LEAVING HIM IN JANUARY 1992?

MR. SHAPIRO: OBJECTION. IRRELEVANT. THE COURT'S ALREADY RULED ON THIS.

THE COURT: LET ME TALK TO COUNSEL WITH THE REPORTER, PLEASE.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

THE COURT: WE'RE AT THE SIDEBAR.

MR. SHAPIRO: COULD COUNSEL MAYBE MOVE THIS ALONG SO MAYBE THIS LADY COULD GO TO LUNCH?

THE COURT: WHERE ARE WE GOING WITH THIS? MR. DARDEN, WHERE ARE WE GOING WITH THIS?

MR. DARDEN: WE'RE GOING IN THE AREA OF HIM LOSING WEIGHT, NOT WANTING TO BE SEPARATED, SAYING THAT IT WAS RUINING HIS CAREER AND BUSINESS WITH HERTZ.

THE COURT: HERE'S THE PROBLEM. NONE OF THIS STUFF WAS IN THE OFFER OF PROOF DURING THE 1101(B) HEARING.

MR. DARDEN: YES, IT WAS.

THE COURT: NO, IT WASN'T.

MR. COCHRAN: IT WASN'T PART OF THE ORDER. YES.

THE COURT: THE BUSINESS ABOUT HER LEAVING IN 1992 WE AGREED WAS AN UNDISPUTED INCIDENT, AND THE FACT THAT DIVORCE PROCEEDINGS WERE INITIATED IN 1992, WE ALL AGREED THAT THAT WOULD COME IN.

MR. COCHRAN: YES.

THE COURT: BUT THAT'S -- NOT THIS BUSINESS ABOUT HIM MAKING STATEMENTS ABOUT HER. I MEAN THAT WASN'T IN THE PROFFERED EVIDENCE UNDER 1101(B).

MR. DARDEN: IT WAS INCLUDED I THINK DURING THE -- WELL, I'M SURE DURING THE DESCRIPTION WE GAVE OF THE CONVERSATIONS WITH HER MOTHER.

MS. CLARK: JUDITHA.

THE COURT: WHICH ONE? THE ONE WITH JUDITHA BROWN?

MR. GORDON: STATEMENTS OF JUDITHA.

MS. CLARK: JUDITHA BROWN, "SHE'S THE ONLY WOMAN I WANT AND CAN'T HAVE."

THE COURT: INCIDENT NO. 27. BUT THAT'S 1994, STATEMENTS ABOUT THE DEFENDANT CATEGORY.

MR. DARDEN: THIS IS REALLY A DRAMATIC CHANGE IN POSTURE. COUNSEL WAS ASSERTING THAT HE WAS GOING TO HAVE A GREAT LENGTH OF TIME WITH MISS BROWN LAST WEEK IF YOU RECALL.

THE COURT: BUT HE'S ALSO GOTTEN A LOT OF ADVICE ON HOW TO DO THIS TOO.

MR. DARDEN: I GUESS THAT'S HOW HE LEARNS HOW TO PRACTICE LAW, DOESN'T HE? AT LEAST SOME PEOPLE CAN LEARN.

THE COURT: ALL RIGHT, CHILDREN, PLEASE. MR. DARDEN, IT WAS BEYOND WHAT WAS OFFERED.

MR. DARDEN: OKAY.

THE COURT: THANK YOU.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: ALL RIGHT. MR. DARDEN, YOU MAY CONTINUE.

Q: BY MR. DARDEN: MISS BROWN, DIRECTING YOUR ATTENTION TO JUNE 12, 1994, ON THAT DAY, WAS A RECITAL HELD FOR YOUR NIECE SIDNEY?

A: YES, IT WAS.

Q: AND WHERE WAS THAT RECITAL HELD, IF YOU RECALL?

A: UMM, PAUL -- I THINK PAUL REVERE SCHOOL.

Q: AND THAT'S A MIDDLE SCHOOL IN BRENTWOOD?

A: YES, IT IS.

Q: IT WAS A DANCE RECITAL, WASN'T IT?

A: UH-HUH. YES.

Q: AND DID YOU DRIVE UP FROM LAGUNA BEACH TO ATTEND THE RECITAL?

A: YES, I DID.

Q: DID OTHER MEMBERS OF YOUR FAMILY ALSO DRIVE UP FROM LAGUNA BEACH TO ATTEND THE RECITAL?

A: MY WHOLE FAMILY DID.

Q: THAT WOULD INCLUDE YOUR SISTER, DOMINIQUE AND TANYA?

A: NO. TANYA WASN'T THERE. DOMINIQUE WAS, MY MOM AND DAD, MY SON, DOMINIQUE'S SON.

Q: SO YOUR SON AND WHO ELSE?

A: MY SON AND DOMINIQUE'S SON.

Q: DID YOU GO TO THE RECITAL?

A: YES, I DID.

Q: DID YOUR SISTER NICOLE GO TO THE RECITAL?

A: YES, SHE DID.

Q: WHEN YOU ARRIVED AT THE -- STRIKE THAT. WAS THE RECITAL HELD IN AN AUDITORIUM?

A: YES, IT WAS.

Q: WHEN YOU ARRIVED AT THE AUDITORIUM, WAS IT FULL OF PEOPLE?

A: PACKED. YES.

Q: AND WERE YOU GIVEN A PROGRAM FOR THE RECITAL?

A: YES, WE WERE.

Q: SO DID YOU KNOW WHEN AND AT WHAT POINT SIDNEY WOULD BE DANCING IN THE RECITAL?

A: YES, WE DID. SHE WAS SECOND TO LAST.

Q: AND HOW LONG WAS THE RECITAL SCHEDULED TO LAST, IF YOU KNOW?

A: I THINK IT WAS -- IT LASTED LONGER THAN IT WAS SUPPOSED TO. I REMEMBER THAT. IT LASTED A COUPLE OF HOURS.

Q: NOW, WHEN YOU AND YOUR FAMILY FIRST ENTERED THE RECITAL HALL, DID YOU TAKE A SEAT?

A: YES, WE DID.

Q: DID YOUR OTHER FAMILY MEMBERS TAKE A SEAT?

A: YES.

Q: WAS THE DEFENDANT WITH YOU WHEN YOU FIRST ARRIVED AT THE RECITAL HALL?

A: NO, HE WAS NOT.

Q: AND WHEN YOU AND YOUR OTHER FAMILY MEMBERS TOOK A SEAT IN THE AUDITORIUM, WERE YOU ABLE TO SIT TOGETHER IN THE SAME ROW?

A: NO, WE WERE NOT.

Q: SO THE GROUP WAS BROKEN UP THEN?

A: YES.

Q: DIFFERENT PEOPLE SAT IN DIFFERENT ROWS?

A: YES.

Q: NOW, AT SOME POINT, DID THE DEFENDANT ARRIVE?

A: YES, HE DID.

Q: AND WHEN HE ARRIVED AT THE RECITAL, DID YOU GREET HIM?

A: HE WALKED IN ON THE OTHER SIDE AND GOT A TICKET FROM DOMINIQUE, AND HE KIND OF WAVED LIKE THAT (INDICATING).

Q: HE KIND OF WAVED TO YOU?

A: RIGHT.

Q: AND DID YOU ACKNOWLEDGE HIS WAVE?

A: I JUST SMILED.

Q: AND YOUR PARENTS WERE THERE THIS DAY?

A: YES, THEY WERE.

Q: DID THE DEFENDANT GREET YOUR PARENTS?

A: YES, HE DID.

Q: AND HOW DID HE GREET YOUR PARENTS, IF YOU RECALL?

A: HE WENT OVER AND HE WAS TALKING TO THEM. THEY WERE SITTING ONE ROW IN FRONT OF ME.

Q: DID HE ALSO APPEAR TO GREET YOUR SISTER TANYA WHEN SHE GAVE HIM THE TICKET?

A: TANYA WASN'T THERE. IT WAS DOMINIQUE.

Q: I AM SORRY. DOMINIQUE. DID HE ALSO APPEAR TO GREET HER?

A: UMM, APPEARED SO.

Q: OKAY. DID HE GREET NICOLE?

A: NO, HE DID NOT.

Q: DID THE DEFENDANT SAY ANYTHING TO NICOLE THAT YOU HEARD?

A: NO.

Q: WAS YOUR SISTER NICOLE SEATED NEXT TO ANY OTHER MEMBER OF YOUR FAMILY?

A: NICOLE AND DOMINIQUE WERE IN THE BACK IN ONE ROW BEHIND ME AND OVER ABOUT THREE OR FOUR SEATS.

Q: AND WERE THEY SITTING DIRECTLY NEXT TO EACH OTHER?

A: I THINK SO, UNLESS THERE WAS A CHILD IN BETWEEN THEM.

Q: AND SO THE DEFENDANT GREETED DOMINIQUE, BUT HE DIDN'T GREET YOUR SISTER?

A: HE DIDN'T GREET NICOLE.

Q: AND WHEN HE GREETED YOU AND YOUR SISTER DOMINIQUE AND YOUR PARENTS, WHAT WAS HIS DEMEANOR?

A: UMM, HE HAD A VERY BIZARRE LOOK IN HIS EYES. IT WAS A VERY FAR-AWAY LOOK.

MR. COCHRAN: YOUR HONOR, OBJECT TO THIS. I OBJECT TO THIS, YOUR HONOR.

THE COURT: EXCUSE ME, COUNSEL. OBJECTION IS OVERRULED. MR. DARDEN.

MR. DARDEN: THANK YOU.

Q: BY MR. DARDEN: YOU SAY HE HAD A BIZARRE LOOK, FAR-AWAY LOOK?

A: HE HAD A VERY FAR-AWAY LOOK. IT WAS ACTUALLY REALLY KIND OF SPOOKY. IT WAS A FRIGHTENING LOOK.

Q: WAS HE SMILING?

A: UMM, NO. NO.

Q: CAN YOU DESCRIBE FOR US PHYSICALLY HIS PHYSICAL DEMEANOR AT THE TIME?

A: HE JUST HAD A VERY DIFFERENT LOOK ABOUT HIM. IT WASN'T -- IT WASN'T LIKE O.J. JUST WALKING INTO A PLACE AND BEING, YOU KNOW, HEY, HERE I AM, YOU KNOW, KIND OF SURE OF HIMSELF TYPE OF ATTITUDE. IT WAS MORE OF A -- OF A -- LIKE A GLAZED OVER, KIND OF FRIGHTENING, DARK EYES. IT JUST DIDN'T LOOK LIKE THE O.J. THAT WE KNEW.

MR. DARDEN: MAY I HAVE ONE MOMENT, YOUR HONOR?

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

Q: BY MR. DARDEN: DID HE ALWAYS HAVE THIS GLAZED-OVER LOOK, THAT IS THROUGHOUT THE TIME THAT HE WAS AT THE RECITAL, THAT YOU SAW?

A: WELL, I WASN'T WATCHING HIM THE WHOLE TIME.

Q: AND SO THE LOOK YOU DESCRIBED FOR US A MOMENT AGO WAS THE WAY HE LOOKED WHEN HE WALKED IN AND GREETED YOUR PARENTS?

A: HE WAS TALKING TO MY PARENTS, WHICH WAS RIGHT IN FRONT OF ME. SO I WAS ABLE TO LOOK AT HIM, AND THEN HE SAT BEHIND ME.

Q: SO DID YOU TURN AROUND AND LOOK AT HIM DURING THE TIME THAT HE WAS SITTING BEHIND YOU?

A: YEAH. ACTUALLY I TALKED TO HIM.

Q: DID HE APPEAR HAPPY AND CHEERFUL?

A: NO. NOT AT ALL. ACTUALLY THE ONLY THING THAT HE SAID TO ME WAS THAT HE WAS HERE AND HE HAD TO JUMP ON A PLANE TO CHICAGO.

Q: AND WHEN THE DEFENDANT SAT BEHIND YOU, DID HE SIT DIRECTLY BEHIND YOU?

A: YES, HE DID, FOR --

Q: DID HE REMAIN SITTING BEHIND YOU?

A: NO, HE DID NOT.

Q: HE GOT UP?

A: YES.

Q: HOW LONG DID HE SIT BEHIND YOU BEFORE GETTING UP?

A: OH, I'M NOT REALLY SURE. LONG ENOUGH TO SAY THOSE THINGS. BUT THEN HE GOT A CHAIR AND PUT IT IN THE CORNER BY ONE OF THE BACK DOORS AND HE STUCK THE CHAIR IN THE CORNER AWAY FROM ALL THE AUDITORIUM SEATS.

Q: HAD YOU SAID SOMETHING TO THE DEFENDANT THAT MIGHT HAVE OFFENDED HIM?

A: NO.

Q: DID HE TELL YOU WHY HE WAS TAKING A CHAIR AND TAKING IT TO A CORNER OF THE AUDITORIUM AND SITTING THERE AWAY FROM EVERYONE ELSE?

A: NO.

Q: HE SAT IN THAT CHAIR IN THE CORNER OF THE AUDITORIUM?

A: YES, HE DID.

Q: HE SAT THERE ALONE AND AWAY FROM EVERYONE ELSE?

A: YES. I GUESS SOMEBODY WENT UP AND TALKED TO HIM. BUT MOST -- MAJORITY OF THE TIME, I JUST SAW HIM BY HIMSELF.

Q: WHAT WAS HE DOING AS HE SAT THERE IN THE CHAIR?

A: EVERY TIME I TURNED AROUND -- BECAUSE MY SON WENT OUTSIDE TO PLAY WITH THE REST OF THE KIDS. EVERY TIME I TURNED AROUND, HE WAS STARING AT NICOLE.

Q: DID YOU EVER GO OVER AND TALK TO HIM, THAT IS WHILE HE WAS SEATED OVER IN THE CORNER IN THE CHAIR ALONE?

A: NO, I DID NOT.

Q: WAS THERE EVER A BREAK IN THE -- BREAK OR --

THE COURT: INTERMISSION.

Q: BY MR. DARDEN: INTERMISSION. WAS THERE EVER A BREAK OR INTERMISSION DURING THE RECITAL?

A: GOD, IT WAS SO LONG, I THINK THERE WAS A BREAK, YEAH.

Q: DID YOU LEAVE THE AUDITORIUM, DO YOU RECALL?

A: NO. ONLY AT THE END.

Q: DO YOU RECALL IF NICOLE LEFT THE RECITAL DURING THE INTERMISSION?

A: I DON'T REMEMBER.

Q: DID YOU EVER SEE THE DEFENDANT MOVE THE CHAIR OUT OF THE CORNER?

A: NO, I DID NOT.

Q: DID YOU EVER SEE HIM GET UP FROM THAT CHAIR IN THE CORNER AND WALK AWAY?

A: NO.

Q: HOW LONG, IF YOU RECALL, DID THE DEFENDANT SIT IN THAT CHAIR IN THE CORNER AND STARE AT YOUR SISTER?

A: OH, I DON'T KNOW. I WAS WATCHING THE SHOW. IT WAS JUST EVERY TIME I LOOKED BACK TO LOOK FOR THE CHILDREN, THAT'S WHEN I WOULD SEE HIM STARING AT HER.

Q: DID YOU POINT THIS OUT TO ANYONE?

A: NO. I DIDN'T -- NO.

Q: AT SOME POINT, THE RECITAL WAS OVER; IS THAT CORRECT?

A: YES.

Q: AND DID YOU AND NICOLE AND YOUR MOTHER AND FATHER LEAVE THE RECITAL HALL?

A: NO. ACTUALLY THEY LEFT FIRST, AND MY MOM AND DAD AND MYSELF, WE STAYED THERE AND WE WATCHED THE VERY LAST SHOW, THE VERY LAST DANCE.

Q: YOUR NEPHEW JUSTIN WAS IN THE AUDITORIUM; IS THAT CORRECT?

A: YES, HE WAS.

Q: DID HE VISIT WITH HIS FATHER, THE DEFENDANT?

A: YES, HE DID.

Q: AND DID EVERYTHING SEEM AS YOU -- NORMAL AND OKAY WITH THE DEFENDANT AND JUSTIN?

A: YES. SEEMED TO BE.

Q: DID YOU EVER SEE JUSTIN WITH THE DEFENDANT WHILE THE DEFENDANT WAS SITTING IN THE CORNER?

A: I THINK JUSTIN WAS SITTING ON HIS LAP.

Q: NOW, HAD YOU AND YOUR PARENTS AND YOUR SISTER PLANNED TO GO SOMEWHERE AFTER THE RECITAL WAS OVER?

A: YES, WE DID. WE WERE GOING OUT TO DINNER.

Q: AND WHERE WERE YOU PLANNING TO GO?

A: WE WERE GOING TO MEZZALUNA RESTAURANT. OH, MAN.

Q: AND AS YOU LEFT THE RECITAL HALL, DID YOU SEE THE DEFENDANT?

A: YES, WE DID. WE WALKED OUT WITH HIM OR ACTUALLY HE WAS OUTSIDE, AND WE MET HIM AS SOON AS WE WALKED OUT THE DOOR, AND WE WALKED TO THE FRONT OF THE SCHOOL WITH HIM AND A FRIEND OF HIS.

Q: DID HE GIVE HIS DAUGHTER SIDNEY ANYTHING?

A: I DIDN'T SEE HIM GIVE THEM TO HER, BUT HE HAD GIVEN HER SOME FLOWERS.

Q: DID YOU SAY ANYTHING TO THE DEFENDANT AS YOU LEFT THE RECITAL HALL?

A: I DON'T KNOW IF I SAID ANYTHING, BUT THERE WAS CONVERSATION GOING ON.

Q: YOU HEARD THE DEFENDANT TALKING?

A: OH, YEAH.

Q: WHO WAS HE TALKING TO?

A: MY MOM, MY DAD.

Q: WHAT DID YOU HEAR HIM SAY?

A: YOU KNOW WHAT? I DON'T REMEMBER. IT WAS JUST ABOUT WE'RE GOING TO THE RESTAURANT AND I'M NOT SURE WHAT ELSE.

Q: DID YOU INVITE THE DEFENDANT TO GO TO THE MEZZALUNA WITH YOU AND THE REST OF THE FAMILY?

A: NO, I DID NOT.

Q: DID YOU HEAR ANYONE ELSE INVITE THE DEFENDANT TO GO TO THE MEZZALUNA?

A: NO, I DID NOT.

Q: I TAKE IT THAT YOU AND YOUR FAMILY AND THE CHILDREN GOT INTO YOUR CARS AND VANS AND THE LIKE?

A: WE GOT INTO THE CARS AND WE DROVE OVER TO MEZZALUNA RESTAURANT.

Q: DID THE DEFENDANT GO WITH YOU?

A: TO MEZZALUNA?

Q: YES.

A: NO.

Q: DID YOU HAVE DINNER?

A: YES, WE DID.

Q: WHAT DID YOU DO AFTER DINNER WAS OVER?

A: WE GOT UP AND -- WE GOT UP AND WE WALKED OUT, AND NICOLE WAS GOING TO GO GET SOME ICE CREAM WITH THE KIDS. AND WE KISSED EACH OTHER GOODBYE. THE LAST THING I TOLD HER WAS THAT I LOVED HER. I'M SORRY.

THE COURT: MISS BROWN, DO YOU WANT US TO JUST TAKE A FEW MINUTES NOW?

THE WITNESS: DO YOU MIND?

THE COURT: MR. DARDEN?

MR. DARDEN: YES, YOUR HONOR.

THE COURT: I ASKED YOUR WITNESS IF SHE WANTED TO TAKE A FEW MINUTES.

THE WITNESS: I'M SORRY. I'LL BE ALL RIGHT.

Q: BY MR. DARDEN: MISS BROWN, WHEN YOU LAST SAW YOUR SISTER, WHAT WAS HER DEMEANOR?

A: SHE WAS HAPPY BECAUSE WE HAD MADE SO MANY PLANS TO GO DO STUFF. WE WERE GOING TO TAKE THE KIDS OUT ON A CAMPING TRIP. WE WERE GOING TO GO TO YOSEMITE. WE WERE GOING TO GO TO CLUB MED. WE WERE GOING TO JUST DO EVERYTHING WITH THE CHILDREN.

Q: MISS BROWN, I SEE THAT YOU'RE WEARING IN COURT TODAY STUDS ON ONE EAR AND A DANGLING SORT OF EARRING ON THE OTHER EAR; IS THAT CORRECT?

A: YES.

MR. SHAPIRO: YOUR HONOR, I'M GOING TO OBJECT TO THAT.

MR. DARDEN: CAN WE APPROACH?

THE COURT: NOT AT THIS POINT.

MR. DARDEN: IT IS RELEVANT. OR IF YOU CAN JUST LET ME ASK TWO FOLLOW-UP QUESTIONS, THE RELEVANCE WILL BE OBVIOUS.

MR. COCHRAN: I THINK WE'D BETTER APPROACH.

THE COURT: LET'S APPROACH.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

THE COURT: WE'RE AT THE SIDEBAR. WHAT'S THE RELEVANCE OF THE JEWELRY?

MR. DARDEN: NICOLE WORE HER EARRINGS THE SAME WAY. WE WANT TO MAKE IT CLEAR TO THE JURY THAT THERE WAS NO ROBBERY INVOLVED AND THAT'S THE WAY SHE WORE HER JEWELRY.

MR. COCHRAN: THAT'S THE MOST RIDICULOUS THING I'VE EVER HEARD.

MR. DARDEN: WHO OBJECTED TO IT ANYWAY?

MR. COCHRAN: I'M OBJECTING UP HERE. WHAT DOES THAT MEAN? THIS IS JUST ANOTHER TRICK BY THEM, AND IT'S NOT GOING TO WORK.

MR. DARDEN: SHALL WE FLASH A PHOTO OF THE SCENE JUST TO ESTABLISH THAT WE ARE MAKING CERTAIN THAT IT IS CLEAR THAT THIS IS NOT A ROBBERY? ALL I AM GOING TO ASK HER IS, "IS THIS THE WAY YOUR SISTER WORE HER EARRINGS AS WELL?"

MR. COCHRAN: I'M SURE DURING A ROBBERY, THEY'RE GOING TO STEAL SOME EARRINGS OFF THE VICTIM'S EARS. THAT'S PREPOSTEROUS.

THE COURT: I DON'T SEE THE PROBATIVE VALUE HERE. OBJECTION SUSTAINED.

MS. CLARK: YOUR HONOR, WHAT ABOUT MISS GERCHAS TESTIFYING TO A ROBBERY? THAT'S WHAT THEY'RE PUTTING ON.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

THE COURT: MR. DARDEN.

MR. DARDEN: I HAVE NO FURTHER QUESTIONS, YOUR HONOR.

THE COURT: THANK YOU. MR. SHAPIRO.

MR. SHAPIRO: THANK YOU VERY MUCH, YOUR HONOR.

CROSS-EXAMINATION

BY MR. SHAPIRO:

Q: MISS BROWN, I, AS YOU KNOW, HAVE TO ASK YOU SOME QUESTIONS.

A: YES.

Q: IN PREPARATION FOR YOUR TESTIMONY, DID YOU PROPERLY MEET WITH MEMBERS OF THE DISTRICT ATTORNEY'S OFFICE TO GO OVER THE AREAS THAT YOU WOULD BE QUESTIONED ON TODAY?

A: YES.

Q: AND HAVE YOU DONE THAT ON SEVERAL OCCASIONS?

A: NO.

Q: HOW MANY OCCASIONS DID YOU DO THAT ON?

A: UMM, TWICE.

Q: AND DID YOU MEET WITH ANY OTHER LAWYER TO GO OVER ANY OF THE TESTIMONY THAT YOU MIGHT OFFER IN COURT TODAY?

A: NO.

Q: YOU HAVEN'T TALKED TO ANY OTHER LAWYER ABOUT THIS?

A: NO.

Q: OTHER THAN THE PROSECUTORS EXCUSE ME. I AM SORRY.

A: MR. DARDEN.

Q: AND HAVE YOU HAD A CHANCE TO REVIEW A TRANSCRIPT OF THE STATEMENT THAT YOU GAVE TO THE DISTRICT ATTORNEY'S OFFICE AND LAWYERS IN JANUARY OF THIS YEAR?

A: EXCUSE ME?

Q: HAVE YOU HAD A CHANCE TO SEE A TRANSCRIPT OF THE STATEMENT YOU GAVE TO THE DISTRICT ATTORNEY'S LAWYERS AND INVESTIGATORS IN JANUARY OF THIS YEAR?

A: YES.

Q: AND WHEN WAS THE LAST TIME YOU HAD A CHANCE TO REVIEW THAT?

A: IT WAS MAYBE ABOUT FOUR DAYS AGO.

Q: AND WAS IT ACCURATE, THE THINGS YOU SAID IN THAT TRANSCRIPT?

A: AS FAR AS I REMEMBER, YES.

Q: THERE WASN'T ANYTHING THAT YOU CALLED TO THE ATTENTION OF ANY OF THE LAWYERS THAT YOU WANTED TO CHANGE?

A: NOT THAT I REMEMBER.

Q: THE INCIDENT THAT YOU SPOKE ABOUT -- AND LET'S REFER TO IT AS THE ALLEGED ROCKINGHAM INCIDENT, THE FIRST INCIDENT WHEN YOU WERE THERE WITH ED MC CABE.

A: RIGHT.

Q: DID YOU TALK ABOUT THAT INCIDENT WITH THE DISTRICT ATTORNEYS?

A: YES. I TOLD THEM ABOUT THAT.

Q: AND DID THEY ASK YOU WHEN THIS OCCURRED?

A: YES, THEY DID.

Q: AND DID YOU HAVE AN ANSWER FOR THEM?

A: I HAD THOUGHT IT WAS LIKE IN THE -- I DIDN'T KNOW THE EXACT YEAR, BUT IT WAS LIKE IN THE MID '80'S AFTER I HAD REMEMBERED.

Q: IS THAT WHAT YOU REMEMBER TELLING THEM?

A: I THINK I TOLD THEM THAT AT FIRST THAT I DIDN'T REMEMBER WHEN IT WAS, THAT I WOULD CHECK.

Q: DID YOU TELL THEM THAT YOU DIDN'T KNOW WHETHER IT WAS BEFORE OR AFTER O.J. HAD MARRIED YOUR SISTER?

A: I TOLD THEM I DIDN'T REMEMBER, THAT I WOULD CHECK FOR THEM.

Q: DO YOU REMEMBER TELLING THEM THAT IT WAS EITHER -- THAT YOU COULDN'T EVEN RECALL IF IT WAS BEFORE OR AFTER THE MARRIAGE?

A: I DID TELL THEM THAT, THAT I WOULD CHECK.

Q: AND THEN YOU CHECKED LATER?

A: YES.

Q: AND WHAT DID YOU CHECK TO FIND THAT OUT?

A: PICTURES THAT I HAD WHEN I WAS DATING ED MC CABE.

Q: ED MC CABE WAS YOUR BOYFRIEND AT THE TIME?

A: YES, HE WAS.

Q: AND WOULD YOU DESCRIBE HIM AS A SUBSTANTIAL INDIVIDUAL?

A: YES.

Q: HE'S A MAN WHO IS INVOLVED IN ADVERTISING?

A: HE WAS AT THE TIME, YES.

Q: AND HE STILL IS?

A: I THINK NOW HE HAS HIS OWN COMPANY.

Q: AND AT THAT TIME, HE WAS A WELL-RESPECTED MAN?

A: YES, HE WAS.

Q: AND YOU DATED HIM FOR ABOUT SEVEN MONTHS?

A: I THOUGHT IT WAS LONGER, BUT --

Q: HOW LONG DO YOU RECALL?

A: I THOUGHT IT WAS OVER A YEAR.

Q: AND HOW LONG INTO THE RELATIONSHIP WAS IT THAT THE EVENTS THAT TOOK PLACE IN ROCKINGHAM WERE DESCRIBED? HOW LONG HAD YOU BEEN SEEING HIM?

A: I DON'T REALLY REMEMBER HOW LONG WE HAD BEEN GOING OUT.

Q: AND PRIOR TO GOING BACK TO ROCKINGHAM, YOU SAID YOU HAD BEEN AT SOME TYPE OF RESTAURANT?

A: RIGHT.

Q: AND THERE WAS SOME DRINKING GOING ON?

A: YES.

Q: AND YOU HAVE TOLD US THAT YOU HAD SOME PROBLEMS WITH ALCOHOL IN THE PAST?

A: YES.

Q: AND DO YOU RECALL WHAT YOUR STATE OF SOBRIETY WAS THAT NIGHT?

A: I HAD HAD A FEW DRINKS.

Q: WHAT DO YOU REMEMBER AS A FEW DRINKS? DO YOU HAVE ANY SPECIFIC RECOLLECTION?

A: OF HOW MANY DRINKS I HAD DRANK?

Q: YES.

A: NO. I DON'T RECALL.

Q: DID YOU FEEL THE EFFECTS OF THE LIQUOR?

A: SURE. WE WERE ALL HAPPY.

Q: AND THEN YOU CAME BACK TO THE ROCKINGHAM HOUSE?

A: YES.

Q: AND YOU HAD MARGUERITAS THERE AT THE HOUSE; DID YOU NOT?

A: WE HAD MORE DRINKS AT THE HOUSE.

Q: AND WOULD YOU SAY THAT YOUR STATE OF SOBRIETY WAS AT LEAST IMPAIRED?

A: SLIGHTLY.

Q: AND THAT WOULD GO FOR -- THE SAME FOR EVERYBODY WHO WAS THERE?

A: YES.

Q: DO YOU HAVE ANY RECOLLECTION THAT O.J. DIDN'T LIKE PEOPLE SMOKING IN HIS HOUSE?

A: OH, HE DIDN'T LIKE CIGARETTE SMOKE AT ALL.

Q: AND YOUR BOYFRIEND ED MCCABE WAS A SMOKER, WAS HE NOT, AT THAT TIME?

A: YES, HE WAS.

Q: AND NICOLE WAS KIND OF A PART-TIME CLOSET SMOKER; WAS SHE NOT?

A: I DON'T KNOW IF IT WAS AT THAT TIME, BUT YES.

Q: AND DO YOU RECALL THERE BEING SOME WORDS SPOKEN BY O.J. TO ED MC CABE ABOUT SMOKING IN THE HOUSE AND GIVING CIGARETTES TO NICOLE?

A: NO, I DON'T.

Q: DO YOU RECALL ANY DISCUSSION ABOUT THAT AT ALL?

A: ABOUT SMOKING?

Q: YEAH.

A: NO.

Q: IF ED MC CABE'S RECOLLECTION ON THIS ISSUE WAS DIFFERENT THAN YOURS, WOULD YOU SAY THAT THAT MIGHT BE A FAIR RECOLLECTION?

MR. DARDEN: OBJECTION. YOUR HONOR, OBJECTION, FORM OF THE QUESTION.

THE COURT: SUSTAINED.

Q: BY MR. SHAPIRO: WHEN WAS THE FIRST TIME THAT YOU HAD TO THINK BACK ABOUT THIS INCIDENT IN THE EARLY '80'S?

A: THE FIRST TIME?

Q: YEAH.

A: ACTUALLY A GIRLFRIEND OF MINE REMINDED ME.

Q: HOW LONG AGO WAS THAT? I'M JUST TRYING TO GET THE TIME SEQUENCE, NOT HOW YOU DID IT. BUT WHEN DID YOU FIRST REFRESH YOUR MEMORY ABOUT THIS INCIDENT?

A: IT'S NEVER LEFT MY MIND.

Q: WHEN WERE YOU CALLED UPON TO RECALL THAT? HAVE YOU TALKED ABOUT THAT? IS THAT SOMETHING YOU'VE TALKED ABOUT OVER 10 YEARS WITH PEOPLE?

A: THAT'S WHEN MY GIRLFRIEND, SHE SAID REMEMBER THAT, REMEMBER THIS, REMEMBER THAT.

Q: WHEN WAS THIS? I JUST WANT TO KNOW THE TIME, ABOUT WHEN.

A: WHEN I TOLD MY GIRLFRIEND ABOUT IT?

Q: WHEN YOUR GIRLFRIEND TOLD YOU ABOUT IT, REMEMBER THIS, REMEMBER THIS, WHEN DID THAT COME UP?

A: IT WAS AFTER THE MURDERS.

Q: SO THAT'S SOME 12 OR 13 YEARS LATER; IS THAT CORRECT?

A: THIS HAPPENED EARLY '80'S. YES.

Q: HAVE YOU TALKED TO ANYONE WHO WAS AT THE ROCKINGHAM HOUSE ABOUT THAT INCIDENT SINCE THE TIME THAT YOU WERE THERE AT ROCKINGHAM?

A: THERE WAS ONLY THE FOUR OF US THERE.

Q: OKAY. HAVE YOU TALKED TO ED MC CABE ABOUT IT?

A: I DID.

Q: WHEN DID YOU TALK TO HIM ABOUT IT?

A: I CALLED HIM -- GOSH, I'M REALLY BAD WITH TIME -- MAYBE A MONTH OR TWO AGO.

Q: AND WAS HIS RECOLLECTION DIFFERENT THAN YOURS?

MR. DARDEN: OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.

THE COURT: SUSTAINED.

Q: BY MR. SHAPIRO: YOU TOLD US YOU SPENT THE NIGHT AT THE BEVERLY HILLS HOTEL BECAUSE O.J. DIDN'T WANT ANY OF THE THREE OF YOU IN HIS HOUSE?

A: RIGHT.

Q: AND THAT THE NEXT DAY, THAT NICOLE CAME BACK TO ROCKINGHAM WITH ED MC CABE?

A: SHE WENT BACK TO ROCKINGHAM.

Q: DID SHE GO BACK WITH ED MC CABE?

A: NOT THAT I RECALL, NO.

Q: AND IF YOU RECALL THAT DIFFERENTLY, WOULD YOU HAVE ANY OPINION ABOUT THAT?

MR. DARDEN: OBJECTION.

THE COURT: IF YOU RECALL THAT DIFFERENTLY, WOULD YOU HAVE ANY OPINION ABOUT THAT? I THINK IT'S A VAGUE QUESTION.

Q: BY MR. SHAPIRO: DO YOU RECALL NICOLE LEAVING THE BUNGALOW AT THE BEVERLY HILLS HOTEL WITH ED MC CABE?

A: NO.

Q: DO YOU RECALL HOW SHE LEFT THE BEVERLY HILLS HOTEL?

A: SHE LEFT ON HER OWN.

Q: DID SHE HAVE A CAR?

A: YES.

Q: IS THAT HOW YOU GOT TO THE BEVERLY HILLS HOTEL, IN HER CAR?

A: YES.

Q: AND THE PLACE YOU STAYED WAS WHAT THEY CALL A BUNGALOW AT THE BEVERLY HILLS HOTEL?

A: RIGHT.

Q: LIKE AN APARTMENT UNIT. IT'S NOT REALLY A HOTEL ROOM?

A: RIGHT.

Q: I WANT TO NOW DIRECT YOUR ATTENTION TO THE INCIDENT THAT YOU REFERRED TO AS THE RED ONION INCIDENT.

A: OKAY.

Q: AND AT THAT TIME, YOU WERE DATING A GENTLEMAN BY THE NAME OF DINO BUCCOLA; IS THAT CORRECT?

A: YEAH. YES.

Q: AND HE'S A PRETTY SPECIAL PERSON TO YOU, ISN'T HE?

A: YES, HE IS.

Q: HE'S A MAN THAT YOU DATED FOR ABOUT FOUR YEARS?

A: YES.

Q: AND THAT YOU STILL SEE HIM, ALTHOUGH NOT ROMANTICALLY?

A: RIGHT.

Q: AND WOULD IT BE FAIR TO SAY THAT ED BUCCOLA IS A SURROGATE FATHER TO YOUR YOUNG SON?

A: WHO?

Q: THAT DINO BUCCOLA IS A SURROGATE FATHER TO YOUR YOUNG SON?

A: ACTUALLY, THEY'RE REALLY GOOD PALS.

Q: HE REFERS TO HIM AS "MY LITTLE BUDDY"?

A: YES.

Q: BUT HE DOESN'T -- YOUR SON DOES NOT SEE HIS NATURAL FATHER, DOES HE?

A: NO, HE DOES NOT.

Q: AND THE PERSON THAT HE RELATES TO AS THE FATHER IMAGE IS IN FACT DINO?

A: ACTUALLY, NO.

Q: DOES DINO PICK HIM UP ON WEEKENDS AND TAKE HIM ON OUTINGS?

A: HE COMES AND SEES HIM USUALLY ON SUNDAY WHEN HE'S IN TOWN.

MR. DARDEN: YOUR HONOR, THIS LINE OF QUESTIONING IS IRRELEVANT.

THE COURT: OVERRULED. I THINK IT ESTABLISHES A RELATIONSHIP WITH MR. BUCCOLA, BUT I ASSUME THERE'S NOT A WHOLE LOT MORE.

MR. SHAPIRO: NO.

Q: BY MR. SHAPIRO: AND FOR HOW LONG A PERIOD OF TIME HAS HE BEEN SEEING HIM ON SUNDAYS?

A: IT'S NOT EVERY SUNDAY. IT'S WHENEVER DINO IS IN TOWN, HE SEES HIM. IT'S BEEN OVER -- GOSH, HE MET SHAUN WHEN HE WAS THREE MONTHS OLD, AND IT'S BEEN EVER SINCE.

Q: HOW OLD IS SHAUN NOW?

A: SHAUN'S EIGHT.

Q: UP UNTIL RECENTLY, YOU'VE BEEN LIVING WITH YOUR PARENTS WITH SHAUN IN LAGUNA?

A: I STILL LIVE WITH MY PARENTS.

Q: YOU STILL LIVE WITH THEM?

A: OH, YES.

Q: THAT'S BEEN ALSO ALL THROUGH SHAUN'S LIFE?

A: YES.

MR. DARDEN: OBJECTION, YOUR HONOR. THIS IS IRRELEVANT.

THE COURT: OVERRULED.

Q: BY MR. SHAPIRO: DURING THE TIME THAT NICOLE WAS SEPARATED AND LATER DIVORCED FROM O.J., YOU TOLD US SHE HAD HER OWN PLACE ON GRETNA GREEN?

A: SHE WAS LIVING IN GRETNA GREEN, YES.

Q: AND THEN SHE HAD HER OWN PLACE ON BUNDY?

A: YES, SHE DID.

Q: DID YOU EVER LIVE WITH HER DURING THOSE PERIODS OF TIME?

A: ON GRETNA GREEN OR BUNDY?

Q: YES.

A: NO, I DID NOT.

Q: DID SHE EVER COME BACK HOME TO LIVE WITH THE FAMILY?

A: TO LIVE? NO.

Q: THE INCIDENT THAT YOU WERE TELLING US ABOUT AT THE RED ONION -- AND YOU TOLD US A LIST OF PEOPLE THAT WERE THERE AND I DON'T WANT TO GO OVER IT -- BUT IT WAS ABOUT FIVE OR SIX DIFFERENT PEOPLE?

A: RIGHT.

Q: AT THAT TIME, WERE YOU STILL DRINKING?

A: OH, I WAS DRINKING AT THAT TIME, YES.

Q: AND HOW WOULD YOU DESCRIBE YOUR CONSUMPTION OF ALCOHOL?

A: I SAID I HAD A PROBLEM.

Q: THAT COULD MEAN DIFFERENT THINGS TO DIFFERENT PEOPLE. AND I DON'T MEAN TO EMBARRASS YOU, BUT THIS PARTICULAR EVENING, COULD YOU TELL US HOW MUCH YOU HAD TO DRINK, IF YOU RECALL?

A: OH, I DON'T RECALL HOW MANY DRINKS, NO.

Q: CAN YOU GIVE US SOME TYPE OF APPROXIMATION AS TO WHAT YOUR DRINKING PATTERN WOULD BE LIKE?

A: ON THAT NIGHT?

Q: YES.

A: WE WERE DOING SHOTS OF TEQUILA.

Q: HOW MANY SHOTS WOULD YOU IMAGINE THAT YOU WOULD DRINK? I KNOW IT WOULD BE IMPOSSIBLE TO REMEMBER PRECISELY.

A: THAT NIGHT, I DON'T REMEMBER.

Q: COULD YOU GIVE US ANY IDEA?

A: I DON'T REMEMBER.

Q: HOW ABOUT, DID YOU HAVE ANY MARGUERITAS THERE?

A: YES, WE DID.

Q: DO YOU REMEMBER HOW MANY MARGUERITAS YOU HAD?

A: NO. IT WAS IN BETWEEN DANCING AND GOING, HAVING A DRINK.

Q: IT WAS A PARTY ATMOSPHERE; WAS IT NOT?

A: YES, IT WAS.

Q: AND THE RED ONION WAS VERY CROWDED?

A: YES, IT WAS.

Q: A LOT OF NOISE?

A: YES.

Q: A LOT OF LOUD MUSIC?

A: YES.

Q: AND WOULD -- HOW WOULD YOU DESCRIBE YOUR STATE OF SOBRIETY WHEN YOU WERE AT THE RED ONION?

A: HAPPY.

Q: IN TERMS OF INTOXICATION, IF WE USE THE TERMS SOBER BEING ONE WHO HAD JUST CONSUMED A MINIMUM AMOUNT OF ALCOHOL BUT STILL WOULD BE ABLE TO DRIVE AND DRUNK AND INTOXICATED IN BETWEEN, WOULD YOU BE ABLE TO PUT YOURSELF ON THAT SCALE?

A: WELL, I WOULD NOT HAVE DRIVEN HOME.

Q: AND ISN'T IT A FACT, MISS BROWN, THAT YOUR BOYFRIEND AT THE TIME, DINO, WAS THE DESIGNATED DRIVER FOR THE EVENING AND HE WAS THE ONLY ONE WHO DIDN'T HAVE ANYTHING TO DRINK?

A: RIGHT.

Q: AND YOU'VE TALKED TO HIM SINCE ABOUT THIS EVENT; HAVE YOU NOT?

A: WE DISCUSSED IT VAGUELY.

Q: AND HIS RECOLLECTION IS DIFFERENT THAN YOURS, ISN'T IT?

MR. DARDEN: OBJECTION, YOUR HONOR. CALLS FOR HEARSAY.

THE COURT: SUSTAINED.

Q: BY MR. SHAPIRO: YOU TOLD US THAT YOUR SISTER MET O.J. SIMPSON WHEN SHE WAS VERY YOUNG, I BELIEVE WAS 18 YEARS OF AGE?

A: YES.

Q: AND YOU ARE AWARE, ARE YOU NOT, THAT JUST PRIOR TO THAT, SHE WAS DATING ANOTHER GENTLEMAN WHO WAS IN FACT OLDER THAN O.J. SIMPSON?

MR. DARDEN: OBJECTION. THIS IS IRRELEVANT.

THE COURT: SUSTAINED.

Q: BY MR. SHAPIRO: YOU DESCRIBED YOUR SISTER TO THE DISTRICT ATTORNEY AS BEING SMART, AS BEING INTELLIGENT AND AS BEING VERY BEAUTIFUL; IS THAT CORRECT?

A: YES.

Q: DID YOU ALSO DESCRIBE HER AS BEING INDEPENDENT?

A: YES.

Q: DID YOU DESCRIBE HER AS BEING STRONG?

A: YES.

Q: DID YOU DESCRIBE HER AS BEING TOUGH?

A: I MAY HAVE SAID THOSE WORDS. I DON'T KNOW.

Q: DID ALL THOSE THINGS APPLY?

A: YES.

Q: DID YOU DESCRIBE YOUR SISTER TO THE DISTRICT ATTORNEY AS HAVING A TEMPER AND A MOUTH ON HER?

A: PROBABLY.

Q: I TAKE IT THERE ARE TIMES THAT EVEN YOU AND YOUR SISTER HAD DISAGREEMENTS?

MR. DARDEN: OBJECTION. IRRELEVANT.

THE COURT: OVERRULED. YOU CAN ANSWER THE QUESTION.

THE WITNESS: NOT VERY OFTEN.

Q: BY MR. SHAPIRO: DID IT EVER HAPPEN?

A: ON OCCASION.

Q: DID YOU EVER SAY THINGS TO HER THAT YOU LATER REGRETTED?

THE COURT: COUNSEL, THIS IS A SISTER, SISTER RELATIONSHIP, SIBLINGS. DOESN'T TELL US MUCH.

MR. SHAPIRO: HUSBAND, WIFE.

THE COURT: THAT'S THE WHOLE CONTINUUM.

MR. SHAPIRO: THANK YOU, YOUR HONOR. I JUST WAS TRYING TO BRING OUT THE VOLATILITY OF RELATIONSHIPS.

MR. DARDEN: OBJECTION, YOUR HONOR. IF COUNSEL WANTS TO TESTIFY, HE SHOULD TAKE THE WITNESS STAND.

THE COURT: ALL RIGHT. LET'S MOVE ON.

MR. SHAPIRO: THANK YOU.

Q: BY MR. SHAPIRO: DID YOU FROM TIME TO TIME MEET FRIENDS OF O.J. SIMPSON AND END UP DATING THEM?

A: WHO?

Q: ANYONE, ANY OF HIS FRIENDS.

A: I HAVE DATED --

MR. DARDEN: IS THIS RELEVANT, WHO MISS BROWN DATED?

THE COURT: LET ME SEE COUNSEL AT SIDEBAR.

(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

THE COURT: WE ARE AT THE SIDEBAR. WHAT IS THE RELEVANCE OF WHO SHE DATED?

MR. SHAPIRO: YOUR HONOR, WHAT I WANT TO SHOW IS THAT THE PEOPLE HAVE TRIED TO PAINT A PICTURE OF O.J. AS BEING THIS HORRIBLE HUMAN BEING WHO SHE WOULD NEVER BE AROUND AS A VIOLENT, UNPREDICTABLE MAN.

THE COURT: THAT'S NOT WHAT SHE SAID SO FAR.

MR. SHAPIRO: SHE HASN'T SAID THAT, BUT THAT'S THE IMPLICATION.

THE COURT: NO. SHE SAID SHE SPENT A LOT OF TIME PARTYING WITH HIM, THAT THEY WERE AS A FAMILY AND TRAVELED TOGETHER, VACATIONED TOGETHER. THAT'S NOT THE IMPLICATION I PRESUME.

MR. COCHRAN: THAT WAS ABOUT TWO MINUTES OF HER TESTIMONY, YOUR HONOR. THE REST OF IT WAS NOT THAT.

MR. SHAPIRO: THE REST OF IT IS VIOLENT.

THE COURT: WHAT DOES WHO SHE DATED --

MR. SHAPIRO: THEY WANT TO SAY THEY WERE TOGETHER WITH NICOLE AND O.J. WITH JUST ABOUT EVERY ONE OF O.J.'S FRIENDS AND THAT THERE WAS NEVER ANY INCIDENTS WHEN THERE'S WITNESSES PRESENT.

THE COURT: ALL RIGHT. WHO SOMEBODY DATES IS NOT REAL RELEVANT TO THIS. YOU CAN ASK ABOUT BEING IN THE PRESENCE OF THE DEFENDANT ON OTHER OCCASIONS, THAT SORT OF THING, BUT --

MR. SHAPIRO: THANK YOU.

THE COURT: -- NOT WHO SHE DATES.

MR. DARDEN: MY ONLY CONCERN IS THAT THEY TRY NOT TO COMPLETELY TARNISH THE REPUTATION OF THIS WITNESS, AND THAT'S WHAT I THINK THEY WANT TO DO AND I WOULD ASK THE COURT TO CAUTION MR. SHAPIRO.

THE COURT: SO FAR, IT'S BEEN PRETTY MILD.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

MR. SHAPIRO: MAY WE APPROACH AGAIN?

(A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

THE COURT: MR. SHAPIRO.

MR. SHAPIRO: I'M NOT QUITE THIS THIN.

MR. DARDEN: NOT QUITE THAT FUNNY EITHER, MR. SHAPIRO.

THE COURT: MR. DARDEN, THAT WAS UNCALLED FOR. MR. SHAPIRO.

MR. SHAPIRO: YES.

Q: BY MR. SHAPIRO: THE INCIDENT AT THE RED ONION, THERE WAS ANOTHER FRIEND OF MR. SIMPSON'S THERE, A FOOTBALL PLAYER BY THE NAME OF REGGIE MACKENZIE?

A: YES, HE WAS.

Q: IS HE A GENTLEMAN THAT YOU ALSO HAVE DATED AND BEEN ROMANTICALLY INVOLVED WITH?

A: NO.

Q: HAVE YOU DATED HIM?

A: HAVE I DATED REGGIE?

Q: YES.

A: NO.

Q: I WANT TO NOW DIRECT YOUR ATTENTION TO THE INCIDENT AT THE RECITAL.

A: OKAY.

Q: THE RECOLLECTION OF EVENTS THAT YOU HAVE IS THAT O.J. WAS ALWAYS BEHIND NICOLE?

A: NO. HE WAS BEHIND ME.

Q: AND NICOLE WAS WHERE IN RELATIONSHIP TO YOU AND HIM?

A: SHE WAS ONE ROW BACK AND TO THE LEFT OF ME AND O.J. WAS ON THE OTHER CORNER TO THE RIGHT OF ME.

Q: WAS HE BEHIND HER?

A: I DON'T THINK SO, BECAUSE SHE WAS AT THE VERY LAST ROW.

Q: WHEN YOU SAY HE WENT TO THE CORNER WITH A CHAIR, WAS HE BEHIND HER OR NOT?

A: I DON'T THINK SO. I THINK THEY WERE PARALLEL.

Q: PARALLEL. AND YOUR ATTENTION WAS DIRECTED MORE TOWARDS WATCHING HE AND YOUR SISTER RATHER THAN WATCHING THE SHOW AND THE PERFORMANCES?

A: NO. AT THIS TIME, I WAS CONCERNED ABOUT WHERE MY SON WAS.

Q: HOW LONG INTO THE PERFORMANCE WAS THIS?

A: WHEN THEY WENT OUTSIDE TO PLAY. I'M NOT REALLY SURE.

Q: DO YOU HAVE ANY IDEA AS TO THE TIME FRAME?

A: GOSH, I REALLY DON'T KNOW. IT WAS BEFORE SIDNEY CAME ON TO DO HER DANCE.

Q: DO YOU REMEMBER O.J. LEAVING WITHOUT FLOWERS AND COMING BACK SOMETIME LATER WITH FLOWERS?

A: NO, I DON'T.

Q: DID YOU SEE HIM WALK IN WITH FLOWERS?

A: NO, I DON'T.

Q: IN FACT, YOU NEVER SAW HIM GIVE FLOWERS TO SIDNEY, DID YOU?

A: NO, I DID NOT.

Q: AND YOU'VE TOLD THE DISTRICT ATTORNEY THAT HE DIDN'T GIVE FLOWERS TO SIDNEY?

A: I DIDN'T SEE IT. I DIDN'T SEE HIM GIVE HER FLOWERS.

Q: HOW MUCH TIME ELAPSED FROM THE TIME THAT YOU WERE LEAVING THE PERFORMANCE TO THE TIME THAT YOU FINALLY SAID GOODBYE TO THE PEOPLE OUTSIDE?

A: THE PEOPLE MEANING?

Q: DID YOU SAY GOODBYE TO PEOPLE BEFORE YOU GOT IN YOUR CAR AND LEFT OUT IN FRONT?

A: WE SAID GOODBYE TO O.J. AND RON FISCHMAN.

Q: AND HOW MUCH TIME ELAPSED FROM THE TIME YOU LEFT THE THEATER OR THE AUDITORIUM TO THE TIME THAT YOU SAID GOODBYE TO O.J. AND RON?

A: JUST A MINUTE OR TWO. COUPLE MINUTES.

Q: WHAT WAS O.J.'S DEMEANOR WHEN YOU SAID GOODBYE TO HIM?

A: QUIET.

MR. SHAPIRO: MAY I JUST HAVE A MOMENT, PLEASE?

THE COURT: CERTAINLY.

(DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

MR. SHAPIRO: YOUR HONOR, RIGHT NOW, WITH THE COURT'S PERMISSION, WE WOULD LIKE TO SHOW A VIDEO OF MR. O.J. SIMPSON AT THE PAUL REVERE SCHOOL JUST LEAVING THE RECITAL FOR PURPOSES OF IMPEACHMENT.

THE COURT: ALL RIGHT. HAVE WE SEEN THIS BEFORE?

MR. DARDEN: 352 OBJECTION, YOUR HONOR, AT THIS POINT IN TIME.

THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, GIVEN THE HOUR, I'M GOING TO TAKE OUR RECESS AS FAR AS THE JURY IS CONCERNED. LADIES AND GENTLEMEN, PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, DON'T ALLOW ANYBODY TO TALK TO YOU OR OTHERWISE CONTACT YOU. AND WE WILL SEE YOU BACK HERE AT 1:30. AND, MISS BROWN, YOU CAN STEP DOWN. PLEASE DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY ELSE. YOU ARE ORDERED TO BE BACK HERE AT 1:30, ALL RIGHT, AND YOU CAN STEP DOWN. WE'LL NEED TO CLEAR THE COURTROOM. I WANT TO SEE THIS TAPE BEFORE WE BREAK.

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

(A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

MR. DARDEN: CAN I PLAY THE TAPE?

THE COURT: ALL RIGHT. COUNSEL, THE RECORD SHOULD REFLECT THAT THE JURY HAS WITHDRAWN FROM THE COURTROOM. MR. SHAPIRO, YOU HAVE A VIDEOTAPE THAT YOU WISH TO PLAY AS IMPEACHMENT OF THIS WITNESS?

MR. SHAPIRO: YES, I DO, YOUR HONOR. IT DIRECTLY GOES TO HER CHARACTERIZATION OF FACIAL EXPRESSIONS AND THE DEMEANOR THAT SHE TESTIFIED TO REGARDING O.J. SIMPSON UPON LEAVING THE CONCERT.

MR. DARDEN: I BELIEVE SHE TESTIFIED THAT HE HAD A QUIET DEMEANOR.

MR. SHAPIRO: THAT'S CORRECT.

MR. DARDEN: THIS IS TO IMPEACH?

MR. SHAPIRO: IMPEACH THAT.

MS. CLARK: WHEN HE WAS IN THE RECITAL, WHEN HE WAS IN THE HALL?

THE COURT: DO WE HAVE THE TAPE CUED UP?

MR. SHAPIRO: YES, WE DO. MAY WE PLAY IT BACK?

MR. COCHRAN: YOUR HONOR, THIS IS WHAT MR. DARDEN GAVE US. WE HAD TO GET OUR OWN.

THE COURT: THEN IT'S A GOOD THING WE LOOKED AT IT FIRST.

MR. COCHRAN: YES, I THINK SO. THIS MAY BE A DIFFERENT TAPE. THIS IS DARDEN'S TAPE. IT MAY CHANGE.

MR. DARDEN: I TAKE THAT AS A COMPLIMENT, YOUR HONOR.

MR. COCHRAN: IT IS, MR. DARDEN.

THE COURT: ARE WE REWINDING THE TAPE? MR. FAIRTLOUGH, IS THAT WHAT WE'RE DOING?

MR. DARDEN: YEAH.

THE COURT: ALL RIGHT. YOU KNOW, IT'S NOT NICE TO GIVE PEOPLE TAPES THAT HAVE TO BE REWOUND.

(BRIEF PAUSE.)

THE COURT: LET'S HAVE IT QUIET IN THE COURTROOM, PLEASE.

MR. SHAPIRO: YOUR HONOR, COULD WE SHOW THIS UP ON THE BIG SCREEN?

THE COURT: IS THERE SOUND WITH THIS?

MR. FAIRTLOUGH: YES, YOUR HONOR.

MR. COCHRAN: JUST A LITTLE.

(AT 12:05 TO 12:06, PEOPLE'S EXHIBIT 1002 FOR IDENTIFICATION, A VIDEOTAPE, WAS PLAYED.)

MR. SHAPIRO: WE HAVE ANOTHER PART, YOUR HONOR, THAT WE WOULD LIKE TO SHOW. I MISSED PART OF IT. I DIDN'T SEE THE BEGINNING OF IT. YES, THAT IS OUR PRESENTATION, YOUR HONOR.

MR. COCHRAN: AS AN OFFER OF PROOF, I SHOULD INDICATE TO THE COURT THIS VIDEO WAS TAKEN BY MR. SCOTT KENNEDY, INVESTIGATOR, WHO SENT A COPY TO THE PROSECUTION BACK LAST JULY. WE NEVER GOT A COPY UNTIL LAST WEEK. YOU WILL SEE DENISE BROWN KISS MR. SIMPSON, SEE MR. SIMPSON KISS JUDITHA BROWN AND YOU'LL SEE AT THE END MR. BROWN LAUGHING AND TALKING WITH MR. LEWIS BROWN. AND THE OTHER GENTLEMAN IN THE KIND OF RED SWEATER, THAT'S RON FISCHMAN, WHICH HE'S SMILING AND TALKING TO HIM. A VEHICLE DROVE UP, CHEROKEE VEHICLE DROVE UP. THAT WAS WE UNDERSTAND MISS NICOLE BROWN SIMPSON'S VEHICLE. AND ALSO, THAT'S JUSTIN WHO JUMPS IN HIS ARMS. SO THAT WAS TAKEN AFTER THE CONCERT.

THE COURT: RECITAL.

MR. COCHRAN: RECITAL. AFTER THE RECITAL.

THE COURT: ALL RIGHT. MR. DARDEN.

MR. DARDEN: MAY I HAVE ONE MOMENT?

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

MR. DARDEN: YOUR HONOR, MY VIEW OF THE VIDEOTAPE IS THAT IT'S NOT IMPEACHING AT ALL. HE APPEARS RATHER TENSE IN MY VIEW AND HIS SMILE SEEMS FORCED. BUT ASIDE FOR THAT, I DON'T THINK THAT THIS WITNESS IS THE APPROPRIATE WITNESS TO TESTIFY WHILE THE VIDEOTAPE IS PLAYED. I THINK IT WILL PROVE RELEVANT. I DON'T NECESSARILY BELIEVE IT'S RELEVANT AT THIS POINT. I ALSO THINK THAT WHAT MISS BROWN MIGHT CONSIDER A QUIET DEMEANOR ON THE PART OF THE DEFENDANT IS RELATIVE AND -- BUT I'M NOT GOING TO, YOU KNOW -- I'M NOT GOING TO WAGE WAR OVER THE PLAYING OF THE TAPE. IF THE COURT'S INCLINED TO PLAY IT, PLAY IT. WE'RE ALL SEARCHING FOR THE TRUTH HERE, RIGHT?

THE COURT: WELL, THE COURT IS NOT THE ONE WHO IS GOING TO PLAY OR NOT PLAY IT. THE DEFENSE WANTS TO PLAY IT.

MR. COCHRAN: WE WANT TO PLAY IT.

MR. SHAPIRO: THANK YOU. WE'RE READY WHEN WE COME BACK.

THE COURT: WE'LL STAND IN RECESS UNTIL 1:30. THANK YOU, COUNSEL.

(AT 12:10 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

LOS ANGELES, CALIFORNIA; MONDAY, FEBRUARY 6, 1995 1:42 P.M.

DEPARTMENT NO. 103 HON. LANCE A. ITO, JUDGE

APPEARANCES: (APPEARANCES AS HERETOFORE NOTED.)

(JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

(CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

THE COURT: BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT WITH HIS COUNSEL, MR. SHAPIRO AND MR. COCHRAN, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN, MR. GORDON. THE JURY IS NOT PRESENT. MR. SHAPIRO, I UNDERSTAND THAT YOU HAVE A BETTER COPY OF THE VIDEOTAPE THAT YOU WANT THE COURT TO PREVIEW BEFORE IT IS USED?

MR. SHAPIRO: IF THE COURT PLEASES, I THINK IT MIGHT BE A LITTLE CLEARER. IT IS HARD TO TELL BECAUSE THE EQUIPMENT WE HAVE SHOWN IT ON IS DIFFERENT THAN THE COURT'S EQUIPMENT, BUT WITH THE COURT'S PERMISSION, WE WOULD LIKE TO RUN IT QUICKLY TO GET THE COURT'S APPROVAL.

THE COURT: ALL RIGHT. AFTER WE HAVE RUN THAT, LET'S RUN THE FIRESTONE INTERVIEW THAT THE PROSECUTION WANTS TO RUN AND WE WILL HEAR MOTIONS ON THAT.

MR. SHAPIRO: ALL SET, JUDGE?

THE COURT: I'M READY.

(BRIEF PAUSE.)

MR. SHAPIRO: YOUR HONOR, EXCUSE ME. WE HAVE A WITNESS IN THE COURTROOM ON THE STAND. MAY SHE BE EXCUSED?

THE COURT: YES. MISS BROWN, PLEASE.

(DENISE BROWN EXITS THE COURTROOM.)

THE COURT: ALL RIGHT.

(AT 1:44 P.M., A VIDEOTAPE, WAS PLAYED.)

(AT 1:46 P.M. THE PLAYING OF THE VIDEOTAPE CONCLUDED.)

THE COURT: LOOKED ABOUT THE SAME TO ME.

MR. COCHRAN: THIS HAPPENS TO BE OUR OWN COPY. WE THOUGHT IT WAS CLEARER. OBVIOUSLY IT IS THE SAME COPY.

THE COURT: ANY COMMENT, MR. DARDEN? LOOKED ABOUT THE SAME TO THE COURT.

MR. DARDEN: LOOKED TO BE EXACTLY THE SAME TO ME AS WELL, YOUR HONOR.

THE COURT: ALL RIGHT. I DIDN'T NOTICE ANY REAL DIFFERENCE IN CLARITY. ALL RIGHT. LET'S SEE THE FIRESTONE TAPE. MY RECOLLECTION FROM OUR RECORD IS THAT THE PROSECUTION HAS WITHDRAWN THEIR OBJECTION.

MR. DARDEN: YES.

THE COURT: ALL RIGHT.

(BRIEF PAUSE.)

(AT 1:47 P.M. A VIDEOTAPE, WAS PLAYED.)

THE COURT: WHY DON'T WE START IT AT THE BEGINNING.

MR. COCHRAN: CAN WE START IT AT BEGINNING, YOUR HONOR, HOPEFULLY?

THE COURT: WITH THE AUDIO, PLEASE.

(AT 1:49 P.M. A VIDEOTAPE, WAS PLAYED.)

(1:50 P.M. THE PLAYING OF THE TAPE CONCLUDED.)

THE COURT: MR. COCHRAN, DO YOU WANT TO ADDRESS THE FIRESTONE SEGMENT?

MR. COCHRAN: YES, YOUR HONOR. PERHAPS WE SHOULD HAVE AN OFFER OF PROOF REGARDING THIS, BUT I CAN ANTICIPATE THEIR OFFER OF PROOF AND ADDRESS IT IN WHATEVER ORDER YOUR HONOR WANTS TO PROCEED. I HAVE A 352 RELEVANCE OBJECTION TO THIS. FIRST OF ALL, IN TALKING WITH THE INDIVIDUALS FROM THAT SHOW, THIS IS A TAPE APPARENTLY MADE IN APRIL OF 1989, WHICH DOESN'T SAY THAT. IT WAS APRIL OF '89, ABOUT MAYBE THREE MONTHS AFTER MR. SIMPSON HAD ENTERED A NO CONTEST PLEA. AND EVERYBODY KEEPS TALKING ABOUT THE SEARCH FOR TRUTH. WHY DON'T WE JUST SHOW THE CERTIFIED COPY TO THE JURORS, THAT MR. SIMPSON TOOK RESPONSIBILITY FOR THE JANUARY 1ST, 1989, INCIDENT, WENT THROUGH COUNSELING, PAID HIS DEBT TO SOCIETY AND WE HAVE NOW SPENT THE FIRST WEEK OF THIS TRIAL TALKING MUCH ABOUT THAT, AND I THINK AT SOME POINT IT BECOMES CLEARLY A 352 INCIDENT. NOW, IF THEY ARE TRYING TO SHOW THIS IN THE CONTEXT OF AN APRIL, 1989 SHOW, WHEN MR. SIMPSON IS A GUEST ON ROY FIRESTONE'S CLOSE-UP SHOW, HIS RESPONSE TO WHAT HE ALREADY HAD DONE, BY THIS TIME HE HAS ENTERED THE PLEA, HE IS ON PROBATION, JUDGE, AND THAT IS HARDLY THE SETTING WHICH ONE WOULD WANT TO TALK ABOUT THIS SPOUSAL ABUSE SITUATION INVOLVING ONE'S WIFE. AND YOU SAW THE RESPONSE, SO I THINK THIS IS IRRELEVANT AND IMMATERIAL. I THINK THE REAL FACTS OF THIS WOULD BE THE CERTIFIED PLEA, WHICH WE WILL BE GLAD TO GET FOR THE COURT AND PRESENT TO THE JURORS OF WHAT HAPPENED IN THAT CASE. THAT CASE WAS RESOLVED EXCEPT HE HAD TO SUCCESSFULLY COMPLETE PROBATION, WHICH HE DID, AND SO I WOULD OBJECT TO THE SHOWING OF THE TAPE. I THINK THAT IT CERTAINLY IS 352. IT DOESN'T REALLY ADD ANYTHING OR HELP US, PARTICULARLY. IF THEY HAVE A SPECIFIC OFFER OF PROOF THAT CAN CHANGE OUR MIND, THEN THAT IS ONE THING, BUT THE RECORD -- THE WAY THE RECORD STANDS NOW, I DON'T THINK THEY HAVE THAT, YOUR HONOR.

THE COURT: MR. DARDEN.

MR. DARDEN: WELL, YOUR HONOR, I DON'T THINK THE LAW REQUIRES US TO CHANGE MR. COCHRAN'S MIND BEFORE WE CAN ADMIT RELEVANT EVIDENCE IN THIS CASE. OBVIOUSLY MR. SIMPSON MINIMIZED HIS CONDUCT -- HIS CONDUCT ON JANUARY 1, 1989. HIS STATEMENT TO ROY FIRESTONE IN FACT IS MORE THAN JUST MINIMIZING THE INCIDENT; IT IS AN OUTRIGHT, WELL, UNTRUTH.

AS FOR MR. SIMPSON TAKING RESPONSIBILITY FOR HIS ACTIONS, HE PLED NO CONTEST. HE NEVER SAID, "I'M GUILTY, I DID IT." HE PLED NO CONTEST. HE SAID I WON'T FIGHT THE CHARGES ANY MORE. HE NEVER ADMITTED IT. HE NEVER ADMITTED BEATING HIS WIFE IN PUBLIC, THOUGH HE DID ADMIT THAT IN THE LETTERS TO NICOLE, THE PRIVATE LETTERS TO NICOLE AND SO HIS STATEMENT TO ROY FIRESTONE IS A PRIOR INCONSISTENT STATEMENT AS WELL.

THE COURT: SUBSEQUENT.

MR. DARDEN: YEAH, SUBSEQUENT. IN ADDITION TO THAT, I THINK THE VIDEOTAPE BECOMES EVEN MORE RELEVANT GIVEN MR. SHAPIRO'S REQUEST THAT WE PLAY THE VIDEOTAPE OF THE RECITAL OR OF THE EVENTS AFTER THE RECITAL. WHEN YOU LOOK AT THAT VIDEOTAPE, THE ONE FROM THE RECITAL, AND COMPARE IT TO THE FIRESTONE VIDEO, MR. SIMPSON DOESN'T SEEM REAL HAPPY ON JUNE 12, 1994. AND I THINK THAT PERHAPS WE SHOULD ALLOW MISS BROWN TO LOOK AT BOTH VIDEOS AND COMPARE AND CONTRAST THE DEFENDANT'S DEMEANOR, AND OF COURSE WE UNDERSTAND THAT THE 1989 VIDEO WAS FILMED FIVE YEARS PRIOR, BUT I THINK THAT ONLY ENHANCES THE RELEVANCY OF THAT VIDEO.

THE COURT: ALL RIGHT.

MR. COCHRAN: YOUR HONOR, THAT IS ABSOLUTELY GRABBING AT STRAWS. THAT SHOW IS NOT 60 MINUTES. THAT WAS ROY FIRESTONE ESPN SPORTS AND NOW WE ARE TO BE TOLD TO LOOK AT IT TO CHARACTERIZE HIS HAPPINESS ON TWO OCCASIONS? THAT IS FOR THE JURY TO DETERMINE AND I THINK THE JURY WILL CLEARLY BE ABLE TO DETERMINE THAT. AS MR. DARDEN SAID IN HIS OPENING STATEMENT HE WAS IN A DARK AND UGLY MOOD. YOU SAW WHAT DARK AND UGLY MOOD HE WAS IN. I THINK THAT IS WHY THEY DON'T WANT THIS THING SHOWN, PARTICULARLY. THE OTHER THING, O.J. SIMPSON WAS SHOWN IN 1989, ABOUT THREE MONTHS AFTER HE ENTERED THE PLEA, AND NOBODY RAN AROUND WORRYING WHEN SPIRO AGNEW ENTERED A NO CONTEST ME. THE JUDGE TELLS YOU, AS YOU KNOW, YOUR HONOR, THAT A NO CONTEST PLEA IS TANTAMOUNT TO A GUILTY PLEA, SO HE ACCEPTS RESPONSIBILITY FOR THAT AND HE DID IT. SO I MEAN, ALL THE REST OF THIS IS FOLDEROL THAT WE HAVE TO GO THROUGH ALL THIS TIME WHEN THE MAN HAS PAID HIS DEBT TO SOCIETY. IT HAS NOTHING TO DO WITH A MURDER CASE, AND IN FACT IT IS CHARACTER ASSASSINATION. AND ALL THESE OTHER ATTEMPTS TO BRING THESE INCIDENTS IN HAVE NOTHING TO DO WITH ANYTHING AND WE SHOULD GET ON WITH THIS CASE, YOUR HONOR, AND THIS IS JUST ANOTHER EXAMPLE AND WE OBJECT.

AND I WANT TO AGAIN REITERATE THIS IS A SPORTS SHOW IN WHICH HE RESPONDS AND TALKS ABOUT IT. ANOTHER THING HE TALKS ABOUT, A CONSISTENT STATEMENT. HE IS CONSISTENT WITH WHAT HE SAID TO THE DETECTIVES ON THAT NIGHT, THAT THEY HAD A WRESTLING MATCH AT SOME POINT. BUT HE ACCEPTED RESPONSIBILITY. HE WROTE THE LETTERS TO HIS WIFE. WHAT HE SAID TO HIS WIFE IS WHAT IS IMPORTANT; NOT WHAT HE SAID ON TELEVISION TO ROY FIRESTONE AND THE CHARACTERIZATION OF IT AND WHAT HE DID IN COURT WAS IMPORTANT BECAUSE THAT IS WHERE IT CAME AND THAT IS WHERE IT COUNTED, SO --

THE COURT: MR. COCHRAN, BEFORE YOU SURRENDER THE PODIUM THERE, LET ME ASK YOU ONE OTHER QUESTION, HOWEVER, AS TO THE FOUNDATIONAL ISSUES AS TO THE FIRESTONE TAPE. DO YOU LODGE ANY OBJECTION NOW THAT YOU'VE HAD THE OPPORTUNITY TO SPEAK WITH THE PRODUCER OR WHOEVER IT WAS, THE REPRESENTATIVE?

MR. COCHRAN: NO, I DON'T LODGE ANY OBJECTION BASED UPON FOUNDATION EXCEPT TO SAY THIS IS A SPORTS SHOW, YOUR HONOR, WHERE HE IS A GUEST ON THE SPORTS SHOW.

THE COURT: I UNDERSTAND THAT.

MR. COCHRAN: THE REST OF THE SHOW -- LET ME JUST SAY THIS TO YOU: THE SHOWS ARE 24 MINUTES AND THIRTY SECONDS. THEY HAVE TAKEN FOUR MINUTES OUT OF CONTEXT. AND YOU KNOW WHAT, JUDGE? IF THEY ARE SO INTERESTED IN THE TRUTH, WHY DON'T THEY SHOW THE ENTIRE TAPE WHEN O.J. SIMPSON, WHO IS THERE AS A SPORTS STAR, IS TALKING ABOUT SPORTS MATTERS AND THEN HE IS HIT WITH THIS QUESTION ABOUT THE THING WITH HIS WIFE. NOW, WOULDN'T THAT BE RELEVANT IF WE ARE GOING TO DO THE WHOLE THING? AND I HAVE NO FOUNDATIONAL ISSUE SPECIFICALLY, BUT EXCEPT IT IS TAKEN AGAIN OUT OF CONTEXT. IT IS A SPORTS SHOW. ROY FIRESTONE IS NOT MIKE WALLACE. WOULD YOU AGREE WITH THAT, YOUR HONOR? THAT IS RHETORICAL. I THINK YOU DON'T HAVE TO ANSWER IT, SO I THINK THAT MAKES THE POINT, SO WHY DON'T WE SHOW THE ENTIRE --

THE COURT: YOU REALLY WANT TO GET ME IN TROUBLE.

MR. COCHRAN: NO, I WON'T DO THAT TO YOUR HONOR, BUT I THINK CLEARLY THE COURT UNDERSTANDS MY POSITION IN THIS MATTER. IT IS FOUR MINUTES OUT OF 24 MINUTES AND THIRTY SECONDS.

THE COURT: WELL, WHAT I'M TRYING TO ASK YOU, MR. COCHRAN, IF AT SOME POINT IN TIME THIS TAPE BECOMES RELEVANT OR IT IS USABLE FOR ANY OTHER PURPOSE, DO YOU HAVE ANY -- LODGE ANY OBJECTION TO ITS AUTHENTICITY?

MR. COCHRAN: NO, I WOULDN'T LODGE AN OBJECTION TO THE AUTHENTICITY, BUT I WOULD LIKE TO SEE THE ENTIRE TAPE BECAUSE IT IS TAKEN OUT OF CONTEXT. I DON'T KNOW -- MY ORIGINAL ARGUMENT WAS THAT SOMETIMES THESE PROGRAMS ARE TAPED, THEY ARE CUT, THAT SORT OF THING. I WAS TOLD IT IS ON REEL TIME AND I ACCEPT THAT, BUT I WAS TOLD ALSO THERE IS A LOT OF OTHER DISCUSSION. THE FACT THAT MR. DARDEN SEEKS TO JUST SHOW THIS PART, I THINK WE ARE ENTITLED TO SEE THE WHOLE THING.

THE COURT: HAVE YOU SEEN THE WHOLE THING?

MR. COCHRAN: IT HAS NOT BEEN OFFERED TO ME AND I WOULD LIKE TO DO THAT. WITH REGARD TO OUR TAPE, YOU ARE SEEING THE WHOLE THING. WE ARE NOT CUTTING AND PASTING.

THE COURT: LET'S DO THIS THEN, COUNSEL: LET'S ALLOW THE DEFENSE TO SEE THE ENTIRE TAPE BEFORE THE COURT ISSUES ANY RULING REGARDING THIS EXCERPT.

MR. COCHRAN: THANK YOU, YOUR HONOR.

THE COURT: I HAVEN'T SEEN THE ENTIRE TAPE EITHER.

MR. COCHRAN: I WOULD LIKE FOR YOU TO SEE IT ALSO, YOUR HONOR.

MR. DARDEN: MR. COCHRAN ALWAYS STANDS BEFORE THE COURT AND TELLS THE WHOLE WORLD HOW HE IS INTERESTED IN THE TRUTH, AND EVERY TIME HE IS CONFRONTED WITH IT HE RUNS AWAY FROM IT.

THE COURT: I HEARD HIM SAY HE WANTS TO SEE THE WHOLE TAPE BEFORE WE DO ANYTHING FURTHER.

MR. DARDEN: MR. COCHRAN IS AWARE THAT THERE IS NO OTHER DISCUSSION ON THAT VIDEOTAPE RELATING TO DOMESTIC VIOLENCE. I MEAN, THE JURY DOESN'T NEED TO HEAR HOW MANY YARDS MR. SIMPSON RAN FOR IN 1973. WE ALL KNOW THAT ALREADY. THERE IS NOTHING ELSE ON THE TAPE THAT IS RELEVANT. WE WOULD LIKE TO PUT THE TAPE ON, PERHAPS WITH MISS BROWN, AND MOVE ALONG WITH OUR CASE.

THE COURT: WELL, I DON'T KNOW HOW MISS BROWN CAN TESTIFY TO THIS TAPE.

MR. DARDEN: WELL, I THINK MISS BROWN CAN COMPARE AND CONTRAST THE DEFENDANT'S DEMEANOR BETWEEN THE JUNE 12TH INCIDENT AND THE 1989 INCIDENT.

THE COURT: ISN'T THAT WHAT, ORANGES AND APRICOTS?

MR. DARDEN: NO, IT IS ORANGES AND ORANGES, JUDGE.

THE COURT: ALL RIGHT. LET'S PROCEED WITH MISS BROWN AND I WILL ALLOW MR. COCHRAN THE OPPORTUNITY TO SEE THE FULL VIDEOTAPE.

MR. COCHRAN: THANK YOU, YOUR HONOR.

MR. DARDEN: THIS AFTERNOON, YOUR HONOR?

THE COURT: I HOPE SO. ALL RIGHT. LET'S HAVE THE JURY, PLEASE.

(BRIEF PAUSE.)

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

THE COURT: ALL RIGHT. MR. GORDON, DO YOU HAVE THE WITNESS, PLEASE.

(BRIEF PAUSE.)

THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. ALL RIGHT. LET THE RECORD REFLECT THAT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MISS BROWN, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

DENISE BROWN, THE WITNESS ON THE STAND AT THE TIME OF THE NOON RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

THE COURT: ALL RIGHT. GOOD AFTERNOON, MISS BROWN. YOU ARE REMINDED YOU ARE STILL UNDER OATH.

THE WITNESS: YES.

THE COURT: ALL RIGHT. MR. SHAPIRO, DO YOU WISH TO COMPLETE YOUR CROSS-EXAMINATION?

MR. SHAPIRO: THANK YOU VERY MUCH, YOUR HONOR.

CROSS-EXAMINATION (RESUMED)

BY MR. SHAPIRO:

Q: I WOULD LIKE TO SHOW YOU A VIDEOTAPE AND ASK IF YOU CAN IDENTIFY THE PEOPLE WHO ARE DEPICTED IN THE TAPE THAT ARE RELEVANT TO THIS CASE. WOULD YOU PLEASE DO THAT FOR US?

A: SURE.

MR. SHAPIRO: THANK YOU.

THE COURT: MR. SHAPIRO, WHAT IS THE EVIDENCE NUMBER ON THIS TAPE?

MR. SHAPIRO: I BELIEVE THIS IS GOING TO BE 1002, IF THE COURT PLEASES.

THE COURT: ALL RIGHT.

MR. SHAPIRO: THANK YOU.

(DEFT'S 1002 FOR ID = VIDEOTAPE OF RECITAL)

(AT 2:01 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

(AT 2:03 P.M. THE PLAYING OF THE VIDEOTAPE CONCLUDED.)

Q: BY MR. SHAPIRO: DO YOU RECOGNIZE WHAT IS DEPICTED IN THAT BRIEF VIDEO?

A: I SAW US SAYING GOOD-BYE TO O.J.

Q: AND WHERE WERE YOU SAYING GOOD-BYE TO O.J.

A: AT THE PAUL REVERE HIGH SCHOOL OR MIDDLE SCHOOL.

Q: WAS THIS DIRECTLY AFTER THE RECITAL THAT YOU HAVE JUST TESTIFIED TO?

A: YES.

MR. SHAPIRO: MAY WE JUST SHOW SOME PORTIONS OF IT, YOUR HONOR, AND STOP IT SO MISS BROWN MAY BE ABLE TO IDENTIFY FOR THE JURY THE PEOPLE WHO ARE IN THE VIDEO?

THE COURT: YES.

MR. SHAPIRO: THANK YOU. I APPRECIATE THAT, JUDGE.

(AT 2:04 P.M., DEFENSE EXHIBIT 1002, A VIDEOTAPE, WAS PLAYED.)

MR. SHAPIRO: MAY WE STOP IT RIGHT HERE, PLEASE. CAN YOU STOP THAT THERE?

Q: CAN YOU IDENTIFY THIS PERSON?

A: THIS IS RON FISCHMAN.

Q: IS HE MARRIED TO SOMEBODY THAT YOU KNOW?

A: CORA FISCHMAN.

MR. SHAPIRO: THANK YOU. MAY WE CONTINUE, PLEASE.

(THE VIDEOTAPE RESUMES PLAYING.)

MR. SHAPIRO: MAY WE STOP IT HERE.

Q: NOW, THERE IS SOMEBODY WHO IS WEARING A -- LOOKS LIKE A BLUE SHIRT WITH DARK HAIR FACING A GENTLEMAN WHO IS O.J. SIMPSON. DO YOU KNOW WHO THAT PERSON IS?

A: THAT IS ME.

Q: AND WHAT WERE YOU JUST DOING AT THAT TIME?

A: I GAVE HIM A KISS GOOD-BYE.

Q: AND RIGHT TO YOUR RIGHT IS A GENTLEMAN. WHO IS THAT?

A: THAT IS MY FATHER.

Q: AND RIGHT TO YOUR LEFT IS ANOTHER PERSON.

A: THAT IS MY MOTHER.

MR. SHAPIRO: THANK YOU. MAY WE CONTINUE, PLEASE.

(THE VIDEOTAPE RESUMES PLAYING. )

MR. SHAPIRO: MAY WE STOP IT RIGHT THERE.

Q: WHAT WAS YOUR MOTHER DOING THERE?

A: I JUST SAW THE CAR GO IN FRONT OF IT.

MR. SHAPIRO: OKAY. LET'S SEE IF WE CAN BACK IT UP AND SHOW IT AGAIN, PLEASE.

(THE VIDEOTAPE RESUMES PLAYING.)

MR. SHAPIRO: STOP RIGHT THERE.

Q: THE PERSON WHO WAS JUST KISSING O.J. IS WHOM?

A: MY MOTHER.

MR. SHAPIRO: MAY WE CONTINUE, PLEASE.

(THE VIDEOTAPE RESUMES PLAYING.)

Q: BY MR. SHAPIRO: AND THE PERSON NOW SHAKING HANDS WITH O.J. IS WHOM?

A: UMM, I DON'T SEE ANYBODY SHAKING HANDS.

MR. SHAPIRO: LET'S SEE IF WE CAN PLAY THAT BACK AGAIN, PLEASE, FOR YOU.

(THE VIDEOTAPE RESUMES PLAYING.)

Q: BY MR. SHAPIRO: RIGHT THERE?

A: MY DAD.

MR. SHAPIRO: THANK YOU.

Q: THERE IS A VEHICLE IN FRONT. WHOSE VEHICLE IS THAT? CAN YOU TELL?

A: I'M NOT SURE IF THAT IS DOMINIQUE'S OR NICOLE'S JEEP.

Q: THEY BOTH HAVE IDENTICAL JEEPS?

A: YES.

Q: OR SIMILAR JEEPS?

A: YEAH.

MR. SHAPIRO: MAY WE CONTINUE, PLEASE.

Q: THE GENTLEMAN RIGHT HERE IS WHOM?

A: THAT IS RON FISCHMAN.

Q: OKAY. AND THE LITTLE BOY WHO IS GETTING A KISS AND HUG?

A: THAT WAS JUSTIN.

Q: THAT IS JUSTIN?

A: YES.

MR. SHAPIRO: OKAY. MAY WE CONTINUE, PLEASE.

(THE VIDEOTAPE RESUMES PLAYING.)

Q: BY MR. SHAPIRO: THAT IS YOUR FATHER?

A: YES.

Q: WHO DID YOUR FATHER GET IN THE CAR WITH THAT DAY?

A: UMM, I THINK IT WAS NICOLE.

(AT 2:05 P.M. THE VIDEOTAPE CONCLUDES PLAYING.)

MR. SHAPIRO: I WOULD LIKE TO SHOW THE WITNESS A PHOTOGRAPH THAT WE WOULD LIKE TO HAVE MARKED AS OUR NEXT EXHIBIT, 1003. MAY WE PUT THIS UP ON THE SCREEN, YOUR HONOR?

THE COURT: HAVE YOU SHOWN THAT TO THE PEOPLE? ALL RIGHT.

(DEFT'S 1003 FOR ID = PHOTO OF DEFT AND SYDNEY)

Q: BY MR. SHAPIRO: IN THIS PICTURE, WOULD YOU IDENTIFY THE PLEASE PEOPLE, PLEASE?

A: THAT IS O.J. AND SYDNEY.

Q: AND IS THIS THE WAY THEY WERE DRESSED AT THE SCHOOL?

A: SYDNEY'S COSTUME LOOKED DIFFERENT.

Q: SO YOU WOULD SAY THIS PHOTOGRAPH IN YOUR OPINION WAS NOT TAKEN AFTER THE RECITAL?

A: WELL, THE TOP PART IS SYDNEY'S COSTUME, BUT THE BOTTOM DOESN'T PORTRAY THE BOTTOM OF HER COSTUME HERE.

Q: SO YOU WOULD SAY THAT --

A: OH, THERE IT DOES. NOW IT DOES. HE JUST CHANGED IT.

Q: OKAY. WOULD YOU SAY THIS IS THE WAY THAT SYDNEY LOOKED AFTER THE RECITAL?

A: WITH HER COSTUME ON, YES.

Q: I'M SORRY?

A: WITH HER COSTUME ON, YES.

Q: IS THAT THE WAY O.J. LOOKED AFTER THE RECITAL?

A: I WASN'T THERE WHEN THE PICTURE WAS TAKEN.

Q: I SAID IS THAT THE WAY O.J. LOOKED AFTER THE RECITAL?

MR. DARDEN: THE QUESTION IS VAGUE, YOUR HONOR.

THE COURT: OVERRULED.

THE WITNESS: I GUESS.

MR. SHAPIRO: NOTHING FURTHER. THANK YOU.

MR. DARDEN: CAN WE LEAVE THE PICTURE UP FOR A MOMENT, YOUR HONOR?

THE COURT: CERTAINLY.

REDIRECT EXAMINATION

BY MR. DARDEN:

Q: MISS BROWN, WOULD YOU TAKE A LOOK AT SYDNEY'S EXPRESSION, THE EXPRESSION ON HER FACE.

A: YUP.

Q: THE DEFENDANT IS SMILING; ISN'T THAT CORRECT?

A: YES, HE IS.

Q: IS SYDNEY SMILING?

A: NO, SHE IS NOT.

Q: AND SHE IS LOOKING AWAY, ISN'T SHE?

A: YES, SHE IS.

Q: SHE JUST DANCED IN A RECITAL AT HER SCHOOL, HAD SHE NOT?

A: YES, SHE DID.

MR. DARDEN: THANK YOU.

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

MR. DARDEN: THANK YOU, MR. DOUGLAS.

Q: YOU TOLD MR. SHAPIRO ABOUT ED MC CABE, A FORMER BOYFRIEND OF YOURS?

A: YES.

Q: AND YOU TOLD US THAT HE IS IN THE ADVERTISING BUSINESS; IS THAT CORRECT?

A: YES.

Q: WAS HE IN THE ADVERTISING BUSINESS IN THE EARLY EIGHTI