Simpson Witness Coached, Prosecution Alleges
The
March 01, 1995, Wednesday, Final Edition
Nell
SECTION: A SECTION; Pg. A03
LENGTH: 995 words
DATELINE: LOS ANGELES, Feb. 28
Prosecutors in the O.J. Simpson murder trial charged today that a key defense witness was carefully coached and manipulated into supporting Simpson's alibi for the night his ex-wife and her male friend were murdered.
They made the charge after listening to a tape of an interview with Rosa Maria Lopez, a Salvadoran maid who lived and worked next door to Simpson's estate. The existence of the tape was disclosed by a defense investigator, Bill Pavelic, late Monday, and set off a new round of protests by prosecutors over defense tactics in the trial.
"I find this unbelievable," said lead prosecutor Marcia Clark after listening to the tape, which was not made public. "She was handed a script and Mr. Pavelic got on the tape and spoke almost nonstop . . . getting her to affirm 'Yes, yes, yes, yes.' "
Testifying on Monday, Lopez had offered a potentially crucial corroboration for Simpson, describing how she saw his white Ford Bronco parked in front of his house about the time the murders were committed.
But today Clark told the court there were "many glaring inconsistencies" between the four versions of Lopez's account of her actions the night of the slayings before the court -- her testimony Monday, a written account of an interview with her in August, the newly disclosed interview and the tape of it.
"We think she's entirely consistent," said Simpson's lead defense attorney Johnnie L. Cochran Jr.
Cochran has brought regular proceedings to a halt by attempting to introduce Lopez's testimony at this early stage in the trial because Lopez has said she wants to leave the country and return to
"I am very tired. I want to rest sir. I don't want any more questions," Lopez said today before agreeing to Ito's request that she return Thursday.
Lopez, appearing tired and distraught, complained to Ito "this is not my fault, to work close to Mr. Simpson. It's not my fault to have heard what I heard."
Ito apologized and said it was the fault of the defense, for turning the tape over at the last minute, and he ordered the defense to pay for her hotel accommodations.
Simpson has said he was home napping about 10:15 p.m. June 12, the time prosecutors contend he killed his ex-wife Nicole Brown Simpson and her friend Ronald L. Goldman. Prosecutors claim to have found the blood of the victims inside the Bronco, and believe Simpson drove the car to and from the murder scene, about two miles from his home.
Lopez, however, testified that she walked her employers' dog twice that evening, shortly after 8 p.m. and after 10 p.m., and both times saw the car parked in the same spot outside Simpson's house.
Initially, defense lawyers said they only had one statement from Lopez, given Aug. 19. But after repeated questioning by prosecutors, they first admitted that there was an earlier statement and then Pavelic acknowledged that there was a tape of the statement. Under
Defense attorneys said Monday that the difference between the two statements is that the second dropped all mention of an acquaintence of Lopez's identified only as Sylvia. The attorneys said they had edited out Sylvia to protect her, because she is an illegal immigrant and Lopez feared involving her in the case.
Lopez's two statements were not released to the news media, but portions were read by Cochran during a private meeting with Ito, according to a transcript of the meeting.
In the July 29 statement, Lopez said that sometime after 8:30 p.m., "her friend Sylvia came by and they had a cup of coffee" and Lopez drove Sylvia to her house nearby. She says that "when Sylvia observed Simpson's Bronco, she made a comment about the way it was parked. Miss Lopez stated that O.J. always parks his car that way."
According to prosecutors, Sylvia has said she does not know Lopez well and knows nothing about what occurred the night of the murders. Prosecutors initially interviewed Sylvia after picking up a tip that she had heard Lopez say she would sell her story to a tabloid for thousands of dollars. Sylvia denied the rumor.
Another difference between the two statements is in Lopez's recollection of the time "she heard a prowler walking near the residence." In the July statement, she places the prowler at 9:20 to 9:30 p.m.; in the August statement, that occurs between 8 and 8:30 p.m.
Cochran noted that the statements were written by the investigator, not by Lopez, and were not signed by her. The investigator also does not speak Spanish, Lopez's native language, and conducted the interviews in English, Cochran added.
Defense attorneys maintained that because they did not intend to call Sylvia as a witness, they were not obligated to turn over the statement that mentioned her. Ito disagreed, noting that Sylvia could corroborate or undermine Lopez's testimony, and ordered all the Lopez material be turned over to prosecutors.
"You realize what this is likely to do," Ito told defense lawyers in chambers, according to the transcript. "It's going to send the prosecution ballistic. . . ."
Ito said he plans to use Wednesday to meet with lawyers on a number of administrative issues, including the question of dismissing one juror, a 46-year old black, male courier.
LOAD-DATE: March 01, 1995
LANGUAGE: ENGLISH
GRAPHIC: Photo, reuter, Rosa Lopez, who testified that she saw O.J. Simpson's Ford Bronco at his estate about the time slayings were committed, is to testify again Thursday.
