Rufo v. OJ Simpson - Right Of Publicity

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HEARSAY ISSUES REGARDING VARIOUS STATEMENTS BY NICOLE
Simpson contends the trial court erred in admitting evidence of
statements made by Nicole, which Simpson contends were inadmissible
hearsay or irrelevant. n3 These may be divided into three categories:
(1) statements made to police or security officers at the times of the
1984 and 1989 incidents discussed in the previous section, (2)
statements made by telephone to a battered women's shelter on June 7,
1994, and (3) statements made in writing in Nicole's diary and a letter
to Simpson.
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n3 "(a) 'Hearsay evidence' is evidence of a statement that was made
other than by a witness while testifying at the hearing and that is
offered to prove the truth of the matter stated. [P] (b) Except as
provided by law, hearsay evidence is inadmissible. [P] (c) This section
shall be known and may be cited as the hearsay rule." (Evid. Code, @
1200.)
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Factual Background
Statements at the Times of the Prior Incidents
Concerning the 1984 incident in which Simpson struck Nicole's
automobile with a baseball bat, Mark Day testified that he was a
security patrol officer who was called to the Simpson residence on
Rockingham in response to a disturbance. As he approached the front
door Nicole came running across the front yard. She was very upset. She
stated that "he" (Simpson) had lost his temper and that she was afraid.
Day then observed the damage to the Mercedes and spoke to Simpson who
admitted he had lost his temper.
Concerning the 1989 incident, Los Angeles Police Detective John
Edwards went to the Rockingham residence in response to a 911 call.
When Edwards buzzed at the gate of the residence, he observed Nicole,
wearing only a bra and sweat pants, run from the bushes across the
driveway to a control box and collapse onto it. She appeared to push on
a button repeatedly [*588] while yelling to Edwards, "he's going to
kill me, he's going to kill me." She then ran to the gate and when it
opened she "came flying through that open area of the gate, ran
directly to [Edwards] and collapsed onto [Edwards]." She was cold, wet,
and shivering. "She was crying, she was hysterical, and appeared to be
very frightened and exhausted." She repeated "he's going to kill me,
he's going to kill me," and when Edwards inquired, who, she said O.J.
Simpson. Edwards observed multiple injuries on her forehead, eye,
cheek, lips, and neck and asked what happened. Nicole answered "O.J.
had hit her, kicked her, slapped her, and pulled her hair."
Telephone Call to Battered Women's Shelter
After considering Simpson's motion to exclude the following evidence
entirely, the court admitted it for the limited purpose of showing
Nicole's state of mind.