TESTIMONY OF PABLO FENJVES

DIRECT EXAMINATION BY MS. CLARK

MS. CLARK:  MR. FENJVES, DIRECTING YOUR ATTENTION TO THE DATE OF JUNE THE 12TH, 1994, AS OF THAT DATE, CAN YOU TELL US APPROXIMATELY WHERE YOU LIVED?

MR. FENJVES:  I LIVED IN THE 800 BLOCK OF SOUTH GRETA GREEN.

MS. CLARK:  WHERE IS THAT IN RELATIONSHIP TO 875 SOUTH BUNDY?
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MR. FENJVES: WE SHARE A COMMON BACK ALLEY AND I'MABOUT 60 OR 70 YARDS NORTH OF THE CONDO OF NICOLE SIMPSON BROWN.

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MS. CLARK: NOW, WHAT PORTION OF YOUR APARTMENT FACES THAT ALLEY?

MR. FENJVES:  IT'S A THREE-STORY BUILDING AND THE TOP FLOOR IS THE MASTER BEDROOM WHICH FACES THE ALLEY, THEN THERE'S A KITCHEN, AND BELOW THAT, I HAVE MY OFFICE, AND THAT'S PRETTY MUCH SEALED OFF AND YOU CAN'T SEE OUT INTO THE ALLEY.

MS. CLARK:  IF YOU LOOK OUT YOUR MASTER BEDROOM, ARE YOU ABLE TO SEE THE BACK OF 875 SOUTH BUNDY?

MR. FENJVES: I'M ABLE TO SEE THE -- WHAT SEEMS TO BE A PORCH AREA AND A ROW OF WINDOWS ALONG THE TOP FLOOR, BUT THAT'S ABOUT ALL I CAN SEE.
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MS. CLARK: DID YOU KNOW NICOLE BROWN, SIR?

MR. FENJVES:  NO, I DID NOT.

MS. CLARK:  HAD YOU SEEN HER BEFORE?

MR. FENJVES:  JUST IN THE NEIGHBORHOOD. WE HAD A SIMILAR JOGGING ROUTE AND I HAD SEEN HER IN HER CAR PULLING INTO THE ALLEY ONCE OR TWICE. THAT WAS ABOUT IT.

MS. CLARK: DID YOU HAPPEN TO -- DID YOU KNOW WHERE SHE LIVED BACK IN JUNE OF 1994?

MR. FENJVES:  NO, I DIDN'T KNOW WHERE SHE LIVED AND I DIDN'T KNOW WHO SHE WAS.

MS. CLARK: ON JUNE THE 12TH OF 1994, SIR, IN THE EVENING, WHERE WERE YOU?

MR. FENJVES:  AT 10:00 O'CLOCK THAT EVENING, I WAS WATCHING THE NEWS IN THE MASTER BEDROOM ON THE THIRD FLOOR WITH MY WIFE.

MS. CLARK:  THAT'S THE MASTER BEDROOM THAT

MR. FENJVES:  FACES THE --

MS. CLARK: -- FACES THE ALLEY THAT YOU SHARE WITH 875 SOUTH BUNDY?

MR. FENJVES:  THAT IS CORRECT.

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MS. CLARK: AND FOR HOW LONG DID YOU WATCH THE NEWS?

MR. FENJVES:  WELL, ABOUT 15 OR 20 MINUTES INTO IT, I BECAME AWARE OF A BARKING SOUND AND THEN I PROBABLY STOPPED WATCHING THE NEWS SHORTLY THEREAFTER.

MS. CLARK: SO IT WAS APPROXIMATELY 15 MINUTES AFTER THE NEWS BEGAN THAT YOU STARTED TO HEAR A DOG BARKING?

MR. FENJVES:  YES.

MR. COCHRAN: WELL, YOUR HONOR, THAT MISSTATES WHAT HE JUST SAID, 15 TO 20 MINUTES.

THE COURT: MISS CLARK?

MS. CLARK: TELL US

MR. FENJVES:  15, 20 MINUTES INTO IT, I HEARD A VERY DISTINCTIVE BARKING COMING FROM SOMEWHERE TO THE SOUTH OF WHERE I LIVE AND I WAS AWARE OF IT FOR MAYBE FIVE, SIX, SEVEN MINUTES; AND AT THAT POINT, I STOPPED WATCHING THE NEWS AND I LEFT THE MASTER BEDROOM.

MS. CLARK: WAS THERE SOMETHING UNUSUAL ABOUT THAT DOG BARKING THAT DREW YOUR ATTENTION TO IT?

MR. FENJVES:  IT WAS A -- YOU KNOW, IT WAS FAIRLY PERSISTENT, IT WAS AT A SIGNIFICANT PITCH, AND AS YOU MAY RECALL, I DESCRIBED IT AT THE TIME AS A PLAINTIVE WAIL. SOUNDED LIKE A, YOU KNOW, VERY UNHAPPY ANIMAL.

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MS. CLARK:  AND THAT'S WHAT DREW YOUR ATTENTION?

MR FENJVES: YES, IT DID.

MS. CLARK: HAD YOU EVER HEARD DOGS BARKING IN THE NEIGHBORHOOD BEFORE?
 
MR. FENJVES:  YEAH, THERE'S PLENTY OF DOGS BARKING IN THE NEIGHBORHOOD, BUT THIS WAS, AS I SAID, PERSISTENT AND UNUSUAL AND UNHAPPY.

MS. CLARK: SO DID YOU STAY AND LISTEN TO THE BARKING FOR A WHILE BEFORE YOU WENT DOWNSTAIRS?

MR. FENJVES:  UH, NO. I DON'T RECALL WHETHER I WENT AND LOOKED -- I BELIEVE I MAY HAVE GOTTEN UP AND LOOKED THROUGH THE SHUTTERS, AND THEN I JUST -- I WENT DOWNSTAIRS TO MY OFFICE.

MS. CLARK: ABOUT WHAT TIME WAS IT WHEN YOU WENT DOWNSTAIRS TO YOUR OFFICE?

MR. FENJVES:  I'D SAY AROUND 10:20.

MS. CLARK: AND BY THAT TIME, YOU HAD HEARD THE DOG BARKING FOR HOW LONG?

MR. FENJVES:  AS I SAID, YOU KNOW, IT COULD HAVE BEEN FIVE MINUTES. IT COULD HAVE BEEN SEVEN, EIGHT MINUTES.

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MS. CLARK: AT THE TIME THAT YOU FIRST HEARD THE DOG BARKING, COULD YOU TELL FROM WHAT DIRECTION IT SEEMED TO BE COMING?
 
MR. FENJVES:  YES. IT SEEMED TO BE COMING FROM THE -- BASICALLY THE AREA, SOUTH CORNER OF DOROTHY AND BUNDY.

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MS. CLARK: AND WHEN YOU CAME BACK UPSTAIRS AT 11:00 O'CLOCK, WAS THE BARKING STILL AUDIBLE?

MR. FENJVES: YES, IT WAS.

MS. CLARK:  WHERE DID YOU GO WHEN YOU CAME UPSTAIRS AT 11:00 O'CLOCK?

MR. FENJVES:  I GOT IN BED.

MS. CLARK:  AND WHEN YOU GOT IN BED, WAS THE DOG STILL BARKING?

MR. FENJVES:  YES, HE WAS.

MS. CLARK: WHAT DID YOU DO AT THAT POINT?

MR. FENJVES:  I WAS READING FOR A LITTLE WHILE. I MENTIONED TO MY WIFE THAT, YOU KNOW, I WAS CONCERNED ABOUT THE DOG.
UMM, OUR OWN DOG WAS ON THE BED AND HE WAS REACTING TO THE BARKING BY GROWLING A LITTLE BIT, AND I MAY HAVE -- I THINK I WENT BACK AND TOOK ANOTHER LOOK THROUGH THE SHUTTERS AND I NOTICED THE LINE OF WINDOWS AT THE RESIDENCE. AND WAS A LIGHT ON AND I ASSUMED THAT SOMEBODY WAS HOME.
AND THERE WERE A LOT OF UNITS AS YOU CAN SEE FROM THE MAP THAT WERE CLOSER TO THE SOUND. SO I THOUGHT SOMEBODY MAY HAVE ALREADY DONE SOMETHING ABOUT IT.

MS. CLARK: SO YOU FELT THAT THERE MIGHT HAVE BEEN SOMETHING WRONG, BUT SOMEONE ELSE MAY HAVE REPORTED IT ALREADY?

MR. FENJVES:  UMM, IT WAS -- YOU KNOW, IT WAS HARD TO INTERPRET WHAT WAS GOING ON. THE DOG DIDN'T SOUND AS THOUGH IT WAS IN PAIN OR ANYTHING LIKE THAT. IT SOUNDED, AS I SAID, UNHAPPY.
 

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CROSS-EXAMINATION BY MR. COCHRAN
 
MR. COCHRAN:  YOU ARE NOT -- YOU ARE A DOG OWNER; IS THAT CORRECT?

MR. FENJVES: THAT'S RIGHT.
MR. COCHRAN: AND AS SUCH, I PRESUME YOU'VE OWNED A DOG FOR SOME NUMBER OF YEARS?

MR FENJVES:  A COUPLE OF YEARS, YEAH.

MR. COCHRAN:  YOU'RE NOT AN EXPERT IN DOGS BARKING AS SUCH, ARE YOU?

MR. FENJVES: NO, SIR. I DO NOT PRETEND TO BE.

MR. COCHRAN: AND YOU CAN'T TELL PARTICULAR PEDIGREE OF A DOG, ONE DOG OVER ANOTHER WHEN THEY BARK, CAN YOU?

MR. FENJVES:  NO, I CAN NOT, SIR.

MR. COCHRAN: AND AS I UNDERSTAND IT, YOU NEVER AT ANY TIME THAT NIGHT SAW A DOG?

MR. FENJVES: I DID NOT SEE A DOG.

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