DIRECT EXAMINATION BY MR. KELLY:
SANTA MONICA, CALIFORNIA; FRIDAY, DECEMBER 6, 1996
DEPARTMENT NO. WEQ. HON. HIROSHI FUJISAKI, JUDGE
Q. (BY MR. KELLY) Now, where did you go after the recital, Mrs. Brown?
A. After the recital, we went to Mezzaluna, to the restaurant.
Q. Who was "we?"
A. Denise, Dominique, my husband Lou, Sean, Erin and a little girl named Rachel, and Sydney and Justin, and Nicole and I.
Q. Okay. And you had dinner there that night?
A. We had dinner there.
Q. Did you have a good time?
A. Great time.
Q. And what kind of mood was Nicole in that night?
A. She was in a great mood.
Q. And yourself?
A. Yes, also.
Q. (BY MR. KELLY) Did there come a time that you finished dinner, were leaving Mezzaluna?
A. Right, yes.
Q. And you were heading home, down to Orange County, at this time?
Q. And who was going with you at that time?
A. Denise, Sean, and my husband, Lou, Dominique, and Erin.
Q. And you left the restaurant?
Q. Was Nicole with you when you walked out of the restaurant?
Q. And what observations did you make, if any, when you were leaving there, and going out to the car?
A. She ran -- went to have an ice cream. She crossed the street, and she -- she went to have some ice cream with Justin, Sydney, and the little girl named Rachel. And as my family was walking towards the jeep, I stopped for some reason, and I looked back at her again, and I saw her walking. And I was thinking, "What a gorgeous girl. What great legs." Those were my thoughts.
Q. This is Nicole you're speaking of?
A. Pardon me.
Q. And was this the last time you saw Nicole?
A. That's the last time I saw her alive.
Q. Now, did you get in the car, then, and head down towards your house?
A. Yes. I -- we looked for my glasses, still, I know, because I didn't have the glasses in the restaurant. So we looked in the jeep and we didn't see them. And it was 8:30 by that time and the children had to go to bed, so we said, well, let's go; I'll call.
Q. And did you get in the car and head down to Orange County?
A. We drove home. And on the way home, a terrible depression came
over me, something I have never experienced. My whole body got really heavy.
And I haven't had it before and I haven't had it afterwards. It was -- it was a whole
feeling. And as we arrived at home, I shook myself, and I thought, "God, I have to
buy a pair of new glasses again." And I went on the phone and I called
(Photograph of Exhibit 25 displayed on the Elmo Screen.)
Q. (BY MR. KELLY) I ask you to look at these. And do you recognize those, Ms. Brown?
A. I guess.
Q. Those appear to be your glasses from that night?
A. They possibly are. I don't remember anymore, I'm sure they are.
Q. Now, after you got home, you -- I'm sorry -- do you recall who you spoke to at Mezzaluna?
A. It was a woman. No, I don't remember her name.
Q. Do you recall the substance of the conversation?
A. Yes. I said can you -- I know I left my glasses somewhere; could you please check outside. Because I had Justin on my lap, and as I got out of the car, I said, maybe they had fallen out, and there was a puddle in front where we got out. So I said, could you just check there and see if you find my glasses. And she returned and she says, "Yes, I have them." I said, "What luck."
Q. And anything else in that conversation?
A. And I said, "Well I'm going to call my daughter and tell her to pick up the glasses in the morning."
Q. Did you then call Nicole?
A. Then I called Nicole and I said, "You know, I found my glasses over there. Would you please pick them up in the morning." And she said, oh, you know -- and she said a name, but it just slipped my mind, but who it was -- and she says "can bring it to Starbucks Cafe, because we always talk, and we can meet there, and he can bring them."
Q. Okay. Anything else in the conversation?
A. And then she said good night, and "I love you." And I said, "I love you." And those were the last words.
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