DIRECT EXAMINATION BY MR. GOLDBERG
MR. GOLDBERG: Good morning, Mr. Poser.
MR. Poser: Good morning.
MR. GOLDBERG: What is your occupation, sir?
MR. Poser: Associate buyer for mens shoes, Bloomingdales.
MR. GOLDBERG: That is Bloomingdales in New York?
MR. Poser: Yes.
MR. GOLDBERG: And how long have you been with Bloomingdales?
MR. Poser: Almost five years.
MR. GOLDBERG: When did you start?
MR. Poser: August of 1990.
MR. GOLDBERG: And shortly after you started, let's say, around the winter season in 1990, did you see a Mr. Orenthal Simpson come into the store in the New York Bloomingdales?
MR. Poser: Yes.
MR. GOLDBERG: When you first saw him, did you recognize him?
MR. Poser: Yes, I did.
MR. GOLDBERG: As being Mr. Simpson?
MR. Poser: Yes, I did.
MR. GOLDBERG: And do you see him in court today?
MR. Poser: Yes, I do.
MR. GOLDBERG: Can you point him out for us and tell us what he is wearing today?
MR. Poser: He is wearing a gray suit and a brown and black tie and a white shirt.
THE COURT: Indicating the Defendant.
MR. GOLDBERG: Now, sir, when you first saw Mr. Simpson, were you working in the shoe department?
MR. Poser: Yes, I was.
MR. GOLDBERG: And on that particular occasion and thereafter did you sell shoes to the Defendant?
MR. Poser: Umm, yes, I did.
MR. GOLDBERG: And approximately how many occasions in total would you say you sold shoes to him?
MR. Poser: Four or five times.
MR. GOLDBERG: Now, of the four or five times that you sold shoes, are there any occasions that you remember in terms of specifically what you sold?
MR. Poser: Umm, only--not particularly to the shoe level, to the individual item.
*****
MR. GOLDBERG: Okay. And other than that, do you have any other specific recollections in terms of the types of shoes?
MR. Poser: Umm, he bought--he liked to buy dress casual shoes, not shoes to wear with jeans and so on.
MR. GOLDBERG: Even though--well, did you recognize that he had some type of celebrity status when you first started selling to him?
MR. Poser: Yes, I did.
MR. GOLDBERG: Even though he had some type of celebrity status, did you--considering that he had that status, did you somehow also memorize the occasions when you sold him shoes and what you sold him?
MR. Poser: No.
MR. GOLDBERG: All right. Now, during the time period that you had sold shoes to Mr. Simpson, was Bloomingdales one of the forty stores that sold Bruno Magli Lorenzo shoes?
MR. Poser: Yes, we did.
MR. GOLDBERG: And I would like to show you what we've marked as People's 375 for identification. And maybe you could take the shoes out of there and tell us if one of those is Lorenzo.
MR. Poser: This is the Lorenzo, the boot.
MR. GOLDBERG: He is indicating what has previously been referred to as the size 12 semi and demi boot, your Honor.
MR. Poser: Yes.
MR. GOLDBERG: And what colors did Bloomingdales carry those in?
MR. Poser: Black, brown and olive.
MR. GOLDBERG: Do you remember whether or not you sold those shoes to the Defendant?
MR. Poser: No, I do not.
MR. GOLDBERG: You don't have a specific recollection one way or the other?
MR. Poser: No.
MR. GOLDBERG: Now, what price range did those shoes sell in?
MR. Poser: I remember them to be under $200.00.
MR. GOLDBERG: Okay. And how would you classify that? Is that an athletic shoe, a dress casual shoe? What type of a shoe?
MR. Poser: It is address casual boot.
MR. GOLDBERG: Okay. And if a person at Bloomingdales purchases items at the store with cash, is a record made of what they purchased?
MR. Poser: A record of the purchase is made, but not particular to the person who purchased it.
MR. GOLDBERG: Okay. So there would be no record of a particular individual purchasing a particular item?
MR. Poser: Correct.
MR. GOLDBERG: Now, if a person--well, does Bloomingdales also have gift certificates?
MR. Poser: Yes, we do.
MR. GOLDBERG: And did they back in the time frame that you were waiting on Mr. Simpson?
MR. Poser: Yes, we did.
MR. GOLDBERG: And if a person makes a gift certificate purchase, is there a record of specifically what they purchased?
MR. Poser: No.
MR. GOLDBERG: And what time they purchased?
MR. Poser: No, no.
MR. GOLDBERG: When you sold shoes to the Defendant, did you ring up the sales?
MR. Poser: No, I did not.
MR. GOLDBERG: And when was the last time, if you can give us an estimate, that you would have sold shoes to the Defendant?
MR. Poser: I believe it was--I believe it was early '92, but that is--you know, in the wintertime of '92, I believe.
MR. GOLDBERG: And over this period of time that you say that the shoes were generally dress casual shoes?
MR. Poser: Yes.
MR. GOLDBERG: What size did the Defendant take?
MR. Poser: Size 12.
MR. GOLDBERG: Thank you. I have nothing further.
THE COURT: Mr. Bailey.
CROSS-EXAMINATION BY MR. BAILEY
MR. BAILEY: Mr. Poser, how many times have you been questioned about this same subject matter prior to today?
MR. Poser: About five, I guess.
MR. BAILEY: Five times. By whom?
MR. Poser: By some detectives.
MR. BAILEY: From the LAPD?
MR. Poser: From the LAPD, somebody from the FBI and from the Defense.
MR. BAILEY: All right. And has the subject matter always been the Lorenzo Bruno Magli shoes?
MR. Poser: No.
MR. BAILEY: All right. Any other kind of shoes been sought, if you know?
MR. GOLDBERG: Not relevant.
THE COURT: Overruled.
MR. Poser: Not--not--not at the beginning, not specifically.
MR. BAILEY: Okay. What kind of records does Bloomingdales keep when customers who charge on credit cards purchase boots?
MR. Poser: Umm, we have a journal on the register that shows what--who sold what to whom, to what credit card.
MR. BAILEY: Okay.
MR. Poser: As well as the receipt, a copy of the receipt that the customer signs.
MR. BAILEY: Do you have a salesman's code so that a salesman will get credit?
MR. Poser: Yes.
MR. BAILEY: And if you sold shoes to Mr. Simpson, would you assign a code to a salesman rather than yourself?
MR. Poser: Normally I was working in conjunction with a salesperson so that salesperson I was working with would get credit for the sale.
MR. BAILEY: Their code would be on the slip; not yours?
MR. Poser: Yes, correct.
MR. BAILEY: What other information was recorded?
MR. Poser: The date, the amount of each shoe, any discount that may have been taken.
MR. BAILEY: I'm sorry?
MR. Poser: The amount--the retail cost of each shoe and any discount that may have been taken, the tax, the total purchase--what the total purchase is and the signature of the person in a charge transaction.
MR. BAILEY: Is there a code on the slip that will describe the item purchased?
MR. Poser: This is a--yes, there is--there are two--there are two types of codes. There is a UPC code, which is--
MR. BAILEY: UPC?
MR. Poser: Universal products code.
MR. BAILEY: Yes.
MR. Poser: Which was used at that time sometimes and there was a department, class, vendor and mark style code that described what the merchandise was as well.
MR. BAILEY: All right. Now, did you, in cooperation with the detectives, search the records of Bloomingdales looking for any evidence of a sale such as you have been asked?
MR. Poser: Personally I did no searching.
MR. BAILEY: Have you seen any records that were retrieved?
MR. Poser: Yes.
MR. BAILEY: As a result of that?
MR. Poser: Yes.
MR. BAILEY: Have you examined them?
MR. Poser: Yes.
MR. BAILEY: And have you found various purchases of shoes?
MR. Poser: Yes.
MR. BAILEY: None of which were a Lorenzo Bruno Maglis, right?
MR. Poser: Honestly I didn't know the numbers off the top of my head.
MR. BAILEY: I know.
MR. Poser: So I couldn't say to the specifics of that.
MR. BAILEY: Have you ever been questioned about a sales slip that showed the code for this particular shoe or seen one?
MR. Poser: No.
MR. GOLDBERG: Not relevant, calling for hearsay.
MR. Poser: That I know of.
THE COURT: Overruled.
MR. BAILEY: Over what period of time was this search made, do you know?
MR. Poser: I was--I was called about--I guess about six months ago I got my first call, about, so from there to present, regarding this case.
*****
MR. BAILEY: Were you shown a Lorenzo Bruno Magli black in color by Detective Antonio of the LAPD?
MR. Poser: Yes, I was.
*****
MR. BAILEY: Did he ask you whether or not the boot that you had told him about was similar to the shoe he was showing you?
MR. Poser: Yes, he did.
MR. BAILEY: Okay. And did you tell him, no, it was not?
MR. Poser: I said I did not--
MR. GOLDBERG: Still calls for hearsay.
THE COURT: Overruled.
MR. Poser: I told him that I did not recall selling the Lorenzo boot to Mr. Simpson. I also said that for the use in buffalo, I probably would not have sold Mr. Simpson the Lorenzo boot for the climatic conditions that were there.
MR. BAILEY: Exactly. It would not do well in slush, snow and mud, would it?
MR. Poser: Correct.
MR. BAILEY: Now, you mentioned the size of Mr. Simpson's shoes. Do you know if he always bought the same size or whether it varied from manufacturer to manufacturer?
MR. Poser: As far as I know he bought the same--he bought the same size. I remember it to be a 12.
MR. BAILEY: On how many different occasions did you fit him with new shoes?
MR. Poser: About four or five as he came in.
*****
MR. BAILEY: Mr. Poser, would you examine these tennis shoes, please, and assume that they are shoes belonging to Mr. O.J. Simpson.
THE COURT: All right. Mr. Bailey, this is People's exhibit which?
MR. BAILEY: 384 it looks like from the tag, your Honor.
THE COURT: All right. These are the Reeboks?
MR. BAILEY: These are Reeboks, your Honor.
THE COURT: All right.
MR. BAILEY: Can you tell me what size those shoes are?
MR. Poser: Those are size 12, U.S.
MR. BAILEY: 12 and a half perhaps?
MR. Poser: It says size 12 USA.
MR. BAILEY: And European size?
MR. Poser: European size 46 and a half.
*****
MR. BAILEY: No further questions, your Honor.
THE COURT: Mr. Goldberg.
MR. GOLDBERG: Just briefly.
REDIRECT EXAMINATION BY MR. GOLDBERG
MR. GOLDBERG: Sir, you were asked whether you were shown some documents from Bloomingdales constituting records of shoe purchases?
MR. Poser: Yes.
MR. GOLDBERG: Do you recall that? How many were you shown, if you recall?
MR. Poser: I believe three.
MR. GOLDBERG: And was one of them for women's shoes?
MR. Poser: One of them I didn't recognize the numbers on.
MR. GOLDBERG: If we--if I approached and showed you three documents, might that refresh your recollection?
MR. Poser: Yes, it would.
*****
MR. GOLDBERG: Sir, can you take a look at these and see whether these are the receipts that you saw?
MR. Poser: (Witness complies.) Yes, these are.
MR. GOLDBERG: And was one of those for women's shoes?
MR. Poser: One of them is not for men's shoes. I assume this is the one.
MR. GOLDBERG: Okay. So if you sold shoes to the Defendant on four or five occasions, would that seem to indicate that at least, insofar as the records you've seen, we do not have a record for each of those occasions?
MR. Poser: Correct.
MR. GOLDBERG: Now, if you had sold the Defendant--if you had--if the Defendant had wanted to purchase Bruno Magli shoes from you, the Lorenzo style, would you have sold him size 12 shoes?
MR. Poser: Yes.
MR. GOLDBERG: And he took size 12 in every shoe that you sold?
MR. Poser: As I recall, yes.
MR. GOLDBERG: Okay. And was it your business to know someone's shoe size when you were selling them shoes?
MR. Poser: Definitely, yes.
MR. GOLDBERG: Thank you. Thank you. I have nothing further.
(Discussion held off the record between Defense counsel.)
MR. BAILEY: Nothing further, your Honor.
THE COURT: All right. Mr. Poser, thank you very much, sir. You are excused.
MR. Poser: Thank you.