DIRECT EXAMINATION BY MR. DARDEN
MR. DARDEN: NOW, SIR, THROUGHOUT 1992 AND 1993, WERE YOU LIVING IN A HOME LOCATED AT THE INTERSECTION OF SHETLAND AND GRETNA GREEN?
MR. COLBY: YES, WE WERE LIVING ON THE NORTHWEST CORNER OF SHETLAND AND GRETNA GREEN, TWO-STORY HOUSE CHEEK TO JOWL WITH 325.
MR. DARDEN: OKAY. SO NICOLE BROWN'S HOME WAS DIRECTLY NEXT DOOR TO YOURS DURING APRIL OF 1992; IS THAT CORRECT?
MR. COLBY: YES, SIR.
MR. DARDEN: YOU HAVE A SON; IS THAT CORRECT?
MR. COLBY: YES. WE HAVE A SON NOW SIX YEARS OLD WHO WAS IN SCHOOL WITH JUSTIN SIMPSON, O.J.'S SON, AND THEY WERE BEST FRIENDS AND THEY SAW EACH OTHER CONSTANTLY AND, UMM, WHEN THEY MOVED IN, ACTUALLY NEXT DOOR, IT WAS A BIG SURPRISE AND A TERRIFIC EVENT BECAUSE TWO FRIENDS WHO WENT TO SCHOOL TOGETHER WERE NOW LIVING SIDE-BY-SIDE, SO THEY SAW EACH OTHER NEARLY EVERY DAY.
MR. DARDEN: OKAY. AND YOU BECAME ACQUAINTED WITH THE DEFENDANT HERE; IS THAT CORRECT?
MR. COLBY: YES, SIR.
MR. DARDEN: AND YOU BECAME ACQUAINTED WITH NICOLE BROWN?
MR. COLBY: YES. MORE WITH NICOLE BROWN BECAUSE SHE LIVED THERE AND WE JUST HAD MORE ENCOUNTERS WITH HER.
MR. DARDEN: WHEN DID NICOLE BROWN MOVE INTO THE HOUSE NEXT DOOR, IF YOU KNOW?
MR. COLBY: UMM, I BELIEVE IT WAS IN THE BEGINNING OF 1992.
MR. DARDEN: JANUARY, 1992?
MR. COLBY: YES, SIR.
MR. DARDEN: OKAY. AND WHEN SHE MOVED INTO THE HOUSE, DID THE DEFENDANT MOVE INTO THE HOUSE WITH HER?
MR. COLBY: NO, HE DID NOT.
MR. DARDEN: NOW, DIRECTING YOUR ATTENTION TO THE LAST WEEK OF APRIL, 1992, DID YOU HAVE AN OCCASION TO CALL 911?
MR. COLBY: YES, I DID.
MR. DARDEN: WHAT CAUSED YOU TO CALL 911?
MR. COLBY: WELL, IT WAS AN EVENING APPROXIMATELY 10:30 OR ELEVEN O'CLOCK AT NIGHT, AND IT IS A VERY -- IT IS A RESIDENTIAL NEIGHBORHOOD, VERY QUIET, AND SOMETIMES BEFORE RETIRING I LOOK -- JUST GO CHECK THE LOCKS AND LOOK AROUND DOWNSTAIRS AND MAKE SURE THE LIGHTS ARE OFF AND THINGS LIKE THAT.
AND I HAPPENED TO LOOK OUTSIDE AND I SAW A MAN OUTSIDE ON THE SIDEWALK.
MR. DARDEN: AND WHAT WAS THAT MAN DOING?
MR. COLBY: UMM, HE WAS STANDING ON THE SIDEWALK LOOKING AT WHAT APPARENTLY WAS THE RESIDENCE NEXT DOOR, DIRECTLY TO THE NORTH OF US.
MR. DARDEN: AND WHAT TIME OF THE NIGHT WAS THIS?
MR. COLBY: I WOULD SAY IT WAS APPROXIMATELY BETWEEN 10:30 AND ELEVEN O'CLOCK THAT NIGHT.
MR. DARDEN: SO THE MAN WAS STANDING ON THE SIDEWALK?
MR. COLBY: YES. INITIALLY WHEN I SPOTTED HIM HE WAS STANDING ABOUT FIVE YARDS SOUTH OF THE DRIVEWAY AND RELATIVELY STATIONARY LOOKING AT THE HOUSE AND THEN SINCE I SAW HIM I WAS CURIOUS AND I DIDN'T RECOGNIZE HIM, SO I THOUGHT TO MYSELF, WHAT IS A MAN OF THIS DESCRIPTION DOING OUTSIDE AT THAT TIME, SO --
MR. DARDEN: SO YOU BECAME CURIOUS?
MR. COLBY: YES, I WAS CURIOUS.
MR. DARDEN: DID YOU CONTINUE TO WATCH THE MAN?
MR. COLBY: YES, I DID.
MR. DARDEN: WHAT DID YOU SEE THE MAN DO?
MR. COLBY: I SAW HIM OBSERVE THE RESIDENCE NEXT DOOR AND THEN WALK AROUND THE CORNER, WHICH WOULD BE SOUTHERLY AND THEN WESTERLY ON SHETLAND, AND THEN GO BACK AROUND AGAIN AND LOOK AGAIN AT THAT RESIDENCE, AND I WAS A LITTLE BIT CONCERNED BECAUSE --
MR. DARDEN: WELL, LET ME JUST STOP YOU THERE.
MR. COLBY: ALL RIGHT.
MR. DARDEN: SO THAT IT IS CLEAR, WHEN YOU FIRST SAW THE MAN WHO WAS ON THE SIDEWALK FIVE FEET FROM NICOLE BROWN'S DRIVEWAY --
MR. COLBY: YES. THEN HE WALKED IN A SOUTHERLY DIRECTION AND THEN BACK AROUND THE CORNER -- OUR HOUSE IS ON A CORNER LIKE THIS, (INDICATING). HE THEN WENT SOUTHERLY AND THEN WESTERLY AND THEN BACK AROUND AGAIN.
MR. DARDEN: OKAY. DID HE WALK BACK TO THE SAME SPOT HE WAS IN WHEN YOU SAW HIM INITIALLY?
MR. COLBY: YES, HE DID.
MR. DARDEN: HOW MANY TIMES DID YOU SEE THIS MAN WALK WITHIN FIVE YARDS OF NICOLE BROWN'S DRIVEWAY AND THEN WALK BACK --
MR. COLBY: JUST THOSE TWO INCIDENTS.
MR. DARDEN: WHAT DID YOU DO AFTER YOU SAW THE MAN RETURN TO A POINT WITHIN FIVE YARDS OF NICOLE BROWN'S DRIVEWAY?
MR. COLBY: WELL, I THOUGHT THAT MAN MIGHT BE --
MR. DARDEN: WHAT DID YOU DO AFTER YOU SAW THE MAN RETURN TO THE DRIVEWAY?
MR. COLBY: I CALLED 911.
MR. DARDEN: WHY DID YOU CALL 911?
MR. COLBY: BECAUSE I FELT THAT THE GENTLEMAN IN QUESTION COULD BE A POSSIBLE BURGLAR OR INTRUDER TO MY RESIDENCE OR TO ONE OF THE RESIDENCES IN THE NEIGHBORHOOD.
MR. DARDEN: OKAY. AFTER YOU CALLED 911 DID YOU CONTINUE TO WATCH THE MAN?
MR. COLBY: YES, I DID, AND WHEN I CALLED 911 I TOLD HIM --
MR. DARDEN: WHEN YOU CALLED 911 DID YOU CONTINUE TO WATCH THE MAN?
MR. COLBY: YES, I DID.
MR. DARDEN: OKAY. WHAT DID YOU SEE THE MAN DO AFTER YOU CALLED 911?
MR. COLBY: HE WENT BACK TO THE ORIGINAL POSITION AND LOOKED UPON -- AT THE RESIDENCE AND THEN LEFT.
MR. DARDEN: ALL RIGHT. NOW, AS THE MAN LEFT, DID YOU RECOGNIZE HIM?
MR. COLBY: YES, I DID. AFTER I HAD MADE THE CALL I RECOGNIZED HIM.
MR. DARDEN: AND WHO WAS THAT MAN?
MR. COLBY: IT WAS MR. SIMPSON.
MR. DARDEN: DID YOU EVER SEE THE DEFENDANT APPROACH THE FRONT DOOR OF NICOLE BROWN'S HOME THAT EVENING?
MR. COLBY: NO, NOT THAT EVENING.
MR. DARDEN: DID YOU EVER SEE NICOLE BROWN THAT EVENING?
MR. COLBY: NO, I DID NOT.
MR. DARDEN: COULD YOU SEE NICOLE BROWN'S DRIVEWAY AT ALL THAT EVENING?
MR. COLBY: YES.
MR. DARDEN: WAS HER VEHICLE OR HER CAR PARKED IN THE DRIVEWAY?
MR. COLBY: I DON'T REMEMBER. I DON'T BELIEVE IT WAS.
MR. DARDEN: DID YOU SEE THE DEFENDANT'S CAR IN NICOLE BROWN'S DRIVEWAY?
MR. COLBY: NO. THE DEFENDANT'S CAR WAS AROUND THE CORNER.
MR. DARDEN; AND HOW DO YOU KNOW THE DEFENDANT'S CAR WAS AROUND THE CORNER?
MR. COLBY: BECAUSE I SAW HIM DRIVE AWAY.
MR. DARDEN: OKAY. DID YOU SEE HIM WALK AROUND THE CORNER?
MR. COLBY: YES.
MR. DARDEN: DID YOU SEE HIS CAR PARKED AROUND THE CORNER?
MR. COLBY: I ONLY SAW IT DRIVE OFF.
*****
MR. DARDEN: OKAY. NOW, WHAT DID YOU DO AFTER YOU REALIZED THAT THE MAN YOU SAW LOOKING AT NICOLE BROWN'S HOME WAS IN FACT THE DEFENDANT?
MR. COLBY: WELL, I WAS EMBARRASSED THAT I HAD CALLED 911 BECAUSE I DIDN'T FEEL THAT MR. SIMPSON WAS A THREAT TO ME OR TO ANYONE ELSE IN OUR NEIGHBORHOOD, SO I DID NOT CALL THE POLICE BACK, BECAUSE SHORTLY THEREAFTER THE POLICE DID APPEAR AND I TOLD THEM WHO IT WAS AND WHAT THE NATURE OF THE INCIDENT HAD BEEN.
MR. DARDEN: DID YOU HAVE ANY CONVERSATION WITH THE DEFENDANT PRIOR TO HIM LEAVING?
MR. COLBY; NO, I DID NOT.
MR. DARDEN: HAD YOU EVER SEEN THE DEFENDANT ARRIVE AT NICOLE BROWN'S HOUSE LATE IN THE EVENING AND JUST STAND ON THE SIDEWALK?
MR. COLBY: NO, ONLY THAT ONE INCIDENT.
MR. DARDEN: DID YOU EVER SEE HIM OUTSIDE IN FRONT OF NICOLE BROWN'S HOUSE LATE AT NIGHT?
MR. COLBY: NO, I DID NOT.
MR. DARDEN: WHAT WAS HE DOING?
MR. COLBY: HE SEEMED TO BE HESITANT AND TO BE ATTEMPTING TO PERHAPS OBSERVE SOMETHING THAT MAY HAVE BEEN OCCURRING WITHIN THE HOUSE, BUT HE NEVER TOOK ACTION AND STEPPED ON TO THE PROPERTY OF THE HOUSE OR HE DIDN'T DO ANYTHING UNTOWARD.
CROSS-EXAMINATION BY MR. SHAPIRO
MR. SHAPIRO: DO YOU KNOW WHETHER OR NOT O.J. SIMPSON WAS SIMPLY WAITING FOR NICOLE SIMPSON TO ARRIVE THAT NIGHT AND MEET HER?
MR. COLBY: I HAVE NO KNOWLEDGE OF THAT.
MR. SHAPIRO: DO YOU KNOW IF SHE WAS HOME?
MR. COLBY: I DON'T KNOW THAT EITHER.
MR. SHAPIRO: DO YOU KNOW IF THEY HAD HAD ANY PREARRANGEMENTS THAT NIGHT?
MR. COLBY: NO.
MR. SHAPIRO: YOU WERE SLIGHTLY EMBARRASSED THAT YOU HAD CALLED THE POLICE WHEN YOU REALIZED IT WAS O.J. SIMPSON, BECAUSE THERE REALLY WAS NOTHING SUSPICIOUS THAT EVENING?
MR. COLBY: I CAN'T SPECULATE AS TO WHETHER IT WAS SUSPICIOUS BEHAVIOR OR NOT. ALL I SAID IS THAT I OBSERVED THE PARTY ON THE SIDEWALK.
MR. SHAPIRO: AND JUST A FINAL QUESTION. ONE OF THE LAWYERS IF MY OFFICE, SARA CAPLAN, CALLED YOU, DID SHE NOT?
MR. COLBY: I DON'T REMEMBER THAT.
MR. SHAPIRO: AND DO YOU RECALL LAST WEEK SHE CALLED AND ASKED TO TALK TO YOU ABOUT YOUR OBSERVATIONS? DO YOU REMEMBER OR NOT?
MR. COLBY: I THINK SO.
MR. SHAPIRO: AND YOU TOLD HER THAT YOU WOULDN'T SPEAK WITH HER?
MR. COLBY: I BELIEVE I DID SAY I DIDN'T SPEAK TO HER.
MR. SHAPIRO: WAS SHE RUDE IN ANY WAY TO YOU OR OFFENSIVE IN ANY WAY?
MR. COLBY: NO, BUT I -- NO.
MR. SHAPIRO: THANK YOU. NOTHING FURTHER.