REPORTER'S DAILY TRANSCRIPT
OCTOBER 24, 1996
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
SHARON RUFO, ET AL., N/A, PLAINTIFFS,
ORENTHAL JAMES SIMPSON, ET AL., DEFENDANTS.
SANTA MONICA, CALIFORNIA
THURSDAY, OCTOBER 24, 1996
DEPARTMENT NO. WEQ
HON. HIROSHI FUJISAKI, JUDGE
(REGINA D. CHAVEZ, OFFICIAL REPORTER)
(Jurors resume their respective seats.)
THE COURT: Morning.
JURORS: Good morning.
MR. PETROCELLI: Morning, Your Honor.
THE COURT: Juror 186, with regard to your note, I would order you not
to, because it's been my experience that you will not be left alone.
JUROR 186: Okay.
THE COURT: You may resume.
MR. KELLY: Thank you. Good morning.
(Opening statements by Mr. Kelly on behalf of Plaintiff Louis Brown)
MR. KELLY: Almost three years to the date of the horrific 1989
experience that we talked of yesterday, the New Year's Day morning
incident, Nicole, with her children, ups and leaves Mr. Simpson. This
is in early January, 1992. This was done with little notice. Nicole
gets her own house in Brentwood on Gretna Green, and starts a new life
What you will then hear is that Mr. Simpson acted in a most peculiar
manner. You will hear how even his friends were embarrassed in the
way he conducted himself.
You will hear about Mr. Simpson's obsessiveness, his pursuit of
Nicole, how he's phoning friends and family constantly, discussing how
to get her back, and all the while, wanting to know her every move.
Prior to January, 1992, Mr. Simpson would socialize with the Browns.
And he and Judy Brown, in particular, Nicole's mother, were on
friendly terms. And you'll hear there was no real special relationship
However, you'll hear that after Nicole left Mr. Simpson in January
1992, the defendant started calling Mrs. Brown every single day. And
many times, she -- he would call her five, six, seven times a day,
discussing Nicole, wanting to know why she left him, wanting to know
how he could get her back, wanting to know what she was doing on that
day, who she was with, where she was,
You'll hear testimony that there even were times that Judy Brown would
act -- well, she might be in the kitchen cooking dinner or something
-- she would actually put down the telephone while Mr. Simpson was on
the other end, talking about Nicole, and just leave it there for five
and ten minutes at a time, and she would pick it up again and Mr.
Simpson would still be talking, not knowing that Judy Brown had even
put the phone down.
It shows the extent of his mindset and obsessiveness with these phone
You'll also hear that there were even times when Mr. Simpson would
pick up the phone and would call Judy Brown at night and tell her that
he was in his car, parked out in front of Nicole's house on Gretna
Green, just sitting there at night, thinking about Nicole.
After a while, though, you'll hear also that Mr. Simpson worked
through this portion of the relationship.
Nicole started to date other men. And in May 1992, Mr. Simpson
started dating someone else, Paula Barbieri. Mr. Simpson's
obsessiveness for Nicole waned, the pursuit ceased, and the divorce
that was imminent was finalized in October 1992. They went their own
ways for a while, Nicole and Mr. Simpson.
Now, as we move into 1993, the relationship took on a different
dimension altogether. You will hear that Nicole decided that life as a
family for she and her children was more important than anything that
may have happened in the past between she and Mr. Simpson. Nicole now
began calling Mr. Simpson, stopping by, sending letters, and even
videos of she and the children.
And at this point, Mr. Simpson resisted her overtures. However, over
a period of time, to about May 1993, Mr. Simpson relented, went back
to Nicole, and they started dating again in May 1993. Although Nicole
continued to live separately at her house at Gretna Green with the
children, they started to do more as a family again.
And there's a period of time here for about six months or so that
things were status quo between the two of them; they were acting as a
family; they were dating a couple times a week.
And then things turned ugly again. And you're going to hear what
happened on October 25, 1993.
Mr. Simpson was over at Nicole's place on Gretna Green, and the
subject of a former boyfriend of Nicole's came up. And just like in
1989, Mr. Simpson went into an uncontrollable rage. When this first
happened, Mr. Simpson went home and he called Nicole, and the argument
that had started her house continued over the phone. And Nicole hung
up the phone. The calls kept coming, so what she did was, she left
the phone off the hook.
Mr. Simpson was being ignored by Nicole.
What he did was, he got into his car and he drove over to Gretna
Green. At that time, Nicole was frightened, scared, panicked, and
immediately called 911 when she heard Mr. Simpson pull up to the
You people have the opportunity yourselves to hear Nicole and to hear
Mr. Simpson on this night when he arrived over at Gretna Green. You'll
hear the dark side of Mr. Simpson, the irrepressible anger that he
exhibited at this time. And just like in 1989, you will hear also his
total disregard for law enforcement when they showed up there. You
will hear his total disregard for the children that were in the house
at that time. You'll hear his rage.
You'll also hear the fear in Nicole's voice, the panic of the woman
who had previously been beaten by this powerful man with his huge
hands, the man who, you will hear, is kicking down her door during the
course of this 911 call.
You'll also hear Nicole tell the 911 operator, "I don't want to stay
in the house. He's going to beat the shit out of me."
Fortunately, Nicole was never struck by Mr. Simpson, and she stays on
the line with the 911 operator until the police arrive.
And Kato Kaelin, who was staying out in the guest house, was there
also, had shown up at the same time.
But once again, you're going to hear also the deference shown to Mr.
Simpson by the LAPD after this incident.
Nicole and Mr. Simpson still keep dating on and off, but the
relationship is doomed now for a second time, after the second
In January 1994, Nicole moves out of Gretna Green and moves around the
corner to a condominium on Bundy Street, and begins living there.
Going to April, now, of 1994, you're going hear that Nicole and Mr.
Simpson and the children went on an abbreviated vacation in Cabo San
Lucas. You're going to hear that the relationship just wasn't working
at that time, and after this vacation, that ended it. It was just
April 1st to the 3rd of 1994.
Mr. Simpson went onto Puerto Rico, where he was filming a movie, and
Nicole went back to her home on Bundy with her children.
On May 1, Mr. Simpson returns from Puerto Rico. At this point, the
relationship between he and Nicole goes into a free-fall and
irreversible downward spiral.
You'll hear on Saturday, May 8, which was Sean, Denise Brown's little
boy, was his first communion down in Laguna, that Mr. Simpson drove
down there to keep a date with Nicole that evening.
You'll hear that they fought, fought in a very bitter manner before
they even went out on that date. You will also hear that Nicole left
the children with her parents that night at their house because she
and Mr. Simpson were going out on this date, and intended to leave
them there overnight. But then you'll hear that Nicole showed up
shortly after she left the children there, stressed, angry, not
talking to Mr. Simpson, to pick up the kids after an abbreviated
The next day was Sunday, May 9, Mother's Day. Mr. Simpson and Nicole
were at the Browns' then, at Laguna, also. And you'll hear that the
tension was extraordinary between Mr. Simpson and Nicole. It was a
very uncomfortable situation the entire day.
After May 9, Mr. Simpson starts dating Paula Barbieri again.
On May 14, you'll hear that Mr. Simpson missed his daughter Sydney's
first communion. On May 19, it was Nicole's birthday, and you will
hear that Mr. Simpson gave her a very expensive emerald bracelet.
But then you'll hear that on May 22, things changed for good. It was
on that date that Justin, the younger of the two children, his
Sunshine School class picnic was being held at Rockingham. After the
picnic, Nicole returns back with the children to Bundy, and Mr.
Simpson came over.
There was a heated argument between the two of them at that time once
again. And at this time, Nicole gave back Mr. Simpson the bracelet
that he had given her three days earlier, also gave back to him a very
expensive pair of diamond earrings, her favorite earrings, and told
him it was over. This was it. She wanted nothing to do with him
again. She wanted him out of her life for good. No more games, no
more back and forth. It was over.
Nicole is rejecting, for the second time, Mr. Simpson.
You will hear shortly after that, that Mr. Simpson called Judy Brown,
just like he had done on that prior occasion, too, right after Nicole
had left him, but it's different this time; it's a short phone call.
He says to Judy, "She's leaving me again, Judy."
Judy indicated that she knew.
And what Mr. Simpson says to her, he says, "Judy, I know the first
time it was my fault, but this time, it's gonna hurt."
That's all he said: "It's gonna hurt." That was the last time Mrs.
Brown heard from, saw, spoke to Mr. Simpson until after her daughter
The first week of June, the relationship between Nicole and Mr.
Simpson is in an extremely volatile state.
On June 8, Mr. Simpson goes to Bundy to pick up the documents. Nicole
is there; she is right outside the on the balcony when he comes there.
They ignore each other; they don't speak. The tension is there.
Also, on June 6, there's mention before on what's referred to as the
IRS letter, Mr. Simpson has hand-delivered to Nicole, a letter
indicating that she may have engaged in some sort of tax improprieties
when she purchased her house on Bundy. It was, in effect, going to
blow the whistle on her.
Nicole was panicked, frightened, and felt that she and the children
were going to end up out on the street because she was going to have
to sell the condo and move somewhere again.
You will hear others describe how she reacted to this letter.
On June 7, you're also going to hear that Nicole realized that the
keys to her condominium were missing, that Mr. Simpson had been there
the day before, and on June 7, the keys that she kept in her kitchen
to give access to the property and her home were missing; she couldn't
find them. You'll hear that a search was conducted of the entire
house, under furniture, everywhere, and Nicole was telling everybody
of her panic because the keys to her condominium were missing.
You'll also hear how on June 7, Mr. Simpson missed Justin's graduation
from the Sunshine School, and that he called that evening. Nicole
handed the phone. No words were spoken to him.
Once again, these people are not talking. Things are heated. Actions
are being taken between them. As I say, it's extraordinarily volatile
at this time; the tension is increasing.
On June 8, Mr. Simpson composed another letter to Nicole, telling her
never to utilize the services of her housekeeper to take care of the
He's turning up the heat a little bit.
On June 10, you'll hear now that Paula is back in the picture, that
she's back at Los Angeles. She comes back, Mr. Simpson picks her up
at the airport on Friday night, and she goes home with him and spends
the night at Rockingham with Mr. Simpson.
On June 11, there's a benefit for the First Lady of Israel, a formal
event that Mr. Simpson and Paula Barbieri attend together. They argue
that night, Paula and Mr. Simpson do. They argue about Nicole. On
that night, Mr. Simpson goes home alone to Rockingham, and Paula
Barbieri goes her own way, back to her apartment on Wilshire.
At seven o'clock the next morning, on June 12, Paula Barbieri picks up
the phone and leaves the message for Mr. Simpson that it's over
between them, just leaves a message. And she, in turn, takes off for
Mr. Simpson plays golf that day. And at Riviera Country Club, after
he plays golf, he tries to get in touch with Paula Barbieri. He can't
contact her. She's in communicado. She's in Las Vegas. He didn't
even know she left town.
At five o'clock that day, there was a recital at Sydney's, the older
daughter, school, a dance recital, something she practiced for,
rehearsed for. It was for the parents that evening, a school event.
All the Browns were going to be attending: Nicole's parents, her
sisters, Justin. It was a family event. It was an annual event, too;
they had done it in the past.
They were going to be going out to dinner afterwards as a family, as
they always did, to put what differences they had in the past. The
one thing Nicole and Mr. Simpson had been able to do was put aside
their differences when they're around for children's events, go to the
event together, going out together afterwards, and share this event as
The relationship reached such a state at this point, that Nicole did
not want Mr. Simpson around. He was given tickets to the recital, but
the entire Brown family knew that Mr. Simpson was not invited out to
dinner with them that night; he was not a welcome person. Nicole was
not speaking to him, wanted nothing to do with him, and she did not
want him to be part of the family anymore.
You'll hear how Mr. Simpson did appear at the recital by himself, that
Nicole did not speak to him at all, nor he her, at the recital.
You'll also hear that Mr. Simpson was in a dark, black mood that day.
You will hear people close to him, good friends, say that she they had
never seen him that way before.
You're also going to see put into evidence snippets of his smiles,
maybe a picture of he with Sydney, or a quick flash of a video of him
with a less than moody face on him, but you will hear the testimony
that over a period of hours what Mr. Simpson's mood and mindset was.
You'll hear how after the recital, the family and everybody did, in
fact, go out to dinner together, and Mr. Simpson walked off and went
home alone to Rockingham.
At 9 o'clock that night, Mr. Simpson calls Nicole's house. Nicole
answers, doesn't speak to him. The situation is in the same state,
the volatile state.
Mr. Simpson's only question to Nicole is, is Sydney asleep yet.
Sydney goes to sleep sometime after 9 o'clock. When she awakes, her
mother is lying out front in a pool of blood, still wearing the same
black dress she had on at the recital.
They see death, and although death came quickly, it was not
The evidence will demonstrate Mr. Simpson's predisposition to an
uncontrollable rage towards Nicole. That, along with the physical and
forensic evidence presented, will make clear Mr. Simpson
responsibility for these murders.
MR. BAKER: Good morning, ladies and gentlemen.
JURORS: Good morning.
(Opening statements by Mr. Baker on behalf of Defendant Orenthal
MR. BAKER: As you know by now, my name is Bob Baker. And it's my
privilege, and indeed an honor, to represent Orenthal James Simpson.
O.J. Simpson was born on January 9, 1947 in San Francisco. He was the
third child of two boys and two girls born to his mother and father.
During his years in grammar school and junior high school, the family
moved a lot because they were transferred from one federal housing
project to the next. And it was during that period of time that O.J.
Simpson met his life-long friend and companion, Al Cowlings.
He then, during that period of time when he was in grammar school and
junior high school, ran track and played baseball. And they didn't
have any football teams in those schools in those days. And when he
transferred to Galileo High School or matriculated there, he became a
great football player, even in high school.
And he continued to run track and he from Galileo High School, went to
San Francisco Junior College.
At San Francisco Junior College, O.J. Simpson smashed every junior
college record in the book known for running backs.
And he then left after two years at San Francisco Junior College and
went to USC. That was in 1967. And in 1967, he immediately started
as a tailback for the University of Southern California and led that
team to the national championships.
He also in that year ran the four by 100 relay, and along with his
teammate at USC, set a world record.
He continued at USC. In 1968 -- well, let me go back just a second.
1967, first semester, he goes home to San Francisco and marries
Maguerite, his high-school sweetheart. And there are two children
born of that union. There's Arnelle, who was born on December 4,
1968. That happened to be the day that O.J. Simpson was named and
received the Heisman Trophy for being the most outstanding football
player in the United States in 1968.
After he his senior year at USC, he went on to the Buffalo Bills. He
became the first player in the National Football League history, in
the history of pro football, to run the ball for over 2,000 yards. He
was the most valuable player three times, all pro seven times, and two
years before his retirement in 1977, he was traded from the Buffalo
Bills to his home town of San Francisco 49ers. He spent two years
with the 49ers, and he retired in 1979. And at the time O.J. Simpson
retired from football, ladies and gentlemen, he was a sports hero. He
was a celebrity; he was a personality. Make no mistake about it.
When O.J. retired, it was an event, because the greatest football
player ever to carry the ball was retiring before he had lost his
ability to run a football. And O.J. Simpson went to the podium on the
day of the ceremony that he retired and he said, "Fame is a vapor,
popularity is an accident money takes wings, only one thing, only one
thing endures, and that is character." And he walked away.
He never carried a football again. O.J. Simpson was not an athlete
who tried to renegotiate a contract; he never spit in the face of an
umpire. He never, ever told a fan he didn't have time for an
O.J. Simpson was the sports hero that went on after his career as a
football player to become a spokesman for Chevrolet, a spokesman for
Hertz, do ABC Television on Monday Night Football games, NBC
commentator on pro football games, and indeed movie roles, and movies:
Naked Gun series, Roots, and various other things.
And nobody, nobody, had a bad word about O.J. Simpson because he
treated everybody as a human being.
I want to go back for just a moment.
In 1977, he met Nicole. After O.J. Simpson had separated from his
first wife, Maguerite, he and Nicole became an item. They redecorated
the house that he had bought on Rockingham, 360 North Rockingham,
where he still lives to this day.
And she was there with him. And she helped decorate it. And they
were an amazing couple, because they had fame -- they didn't have the
constraints that most young people have, that is, money. They had
plenty. O.J. was making good money in those days with NBC by then,
and his representing Hertz, as well as his movie roles.
Now, they were married on February 2 of 1985. And later in that year,
in the fall, Arnelle was born.
Now, you've heard about some incidents through Mr. Kelly, and I want
to tell you what I believe the evidence will really show about those
Mark Fuhrman gave a report in 1989 about the 1985 incident. He said
it was 1985. He said O.J. Simpson was sitting on a car, and there was
a baseball bat that was leaning next to the house. And he said that
although he had never written a report in 1985, he said it was
indelibly impressed in his mind, and he remembered it. And he
remembered it because my client, O.J. Simpson was a celebrity. But he
said Mr. Simpson was agitated, not out of control. There were no
bruises; there was nothing that would indicate that there was any
altercation with Nicole.
And he never mentions the fact in his 1989 report, going back to 1985,
that if the incident had occurred in 1989, Nicole was about eight
In any event, ladies and gentlemen, that report -- and you'll hear the
evidence -- by Mark Fuhrman was written in 1989, so that they could
charge my client, O.J. Simpson, with misdemeanor spousal abuse in
1989. They needed a second incident to do it. So Mark Fuhrman
volunteered, and he wrote that report about something he says occurred
They had a life. And you will hear the bad; you'll hear the ugly; and
you'll hear it from litigants and you'll hear from Mr. Simpson. And
he'll take the witness stand. And he is ready, willing, and able.
And he'll take it anytime they want. They have the right, and they
can call him to this stand anytime they want. And he's here. And he
will tell you about these incidents.
And he will tell you that in January of 1989 -- now, mind you, between
'85 and '89, they have two children of this marriage. Sydney Brooke
is born in 1985, and Justin is born in 1987.
And they live a life that was and is unique to most people. Because
besides the estate that Mr. Simpson has on Rockingham, he, at that
time, had a condominium in New York.
What would occur is, that they would live in New York through football
season because Mr. Simpson would have to go to Miami, to New York, to
Buffalo for the Sunday football games. So they lived in New York in
the fall of the year and usually past Christmastime, and then move
back and lived in Rockingham until the next fall. And their life was
a terrific one. They loved each other; they traveled immensely
together. They were together and had a love that few people have
They both had very strong personalities.
And Nicole, you will hear, was one who liked to get her way. And she
was a very strong personality in the relationship. And I'm going get
into that more in a moment about who was pursuing whom.
But let me suggest to you that on January 1, 1989, the second incident
that Mr. Kelly was talking about, and so dramatically more trying to
-- you let me tell you what the evidence will really show relative to
That incident occurred, ladies and gentlemen, at about 3 o'clock in
the morning, when both Mr. Simpson and Nicole Brown Simpson had had
far too much to drink at a New Year's Eve party that they both
attended and had a great time at.
They got in a dispute and OJ wanted Nicole out of his room. He didn't
want her in there; she wanted to be in there. He pushed her out the
door; he locked the door. She got the key, opened the door, came back
in the door.
A wrestling ensued. He got her out the door. The door is locked
again. And she falls. And you'll hear from the maid that she falls.
Now, I'm not here to suggest to you that Mr. Simpson never touched her
that night. I'm not here to suggest to you that she didn't touch Mr.
Simpson that night.
That was a physical encounter that O.J. Simpson was appalled about.
It should have never happened. He will admit that to you from this
witness stand. He takes full responsibility now; he took full
But I want to tell you what didn't happen. It didn't occur that O.J.
Simpson went downstairs and was told by Officer Farrell that he was
going to be arrested.
You will hear from O.J. and the maid who was there, that Officer
Farrell, who has a very interesting past -- and we'll relate it to you
once he gets on the witness stand -- was totally abusive to O.J.
Simpson. And Michelle, the housekeeper, suggested to O.J., who was
getting upset because Officer Farrell -- the first words out of his
mouth were, "I think you two need a divorce." That's what he told
O.J. Simpson. And that upset O.J. immensely. He said to him, "I
thought you were here to quiet the situation down."
And there were more words between Officer Farrell, who is mentioned in
the Christopher Commission report -- and we'll bring that up to you at
the time he sits right here.
O.J. then went back into the house. He did not speed away from the
police officers at 30 to 35 miles an hour. He couldn't even get out
of his driveway at 30 to 35 miles an hour.
He left to get away from the situation where he was getting upset.
And he came back that day.
And by the way, he didn't go to the Rose Bowl that day. In fact, the
Rose Bowl wasn't even played that day. As you know, when the Rose
Bowl falls on a Sunday -- January 1 falls on a Sunday, the Rose Bowl
is moved. And I'm sure you'll find that the Rose Bowl was played on
January 2. And you will also hear that it wasn't Al Cowlings who
suggested to Michelle -- pardon me, to Nicole -- that she go to the
hospital: It was Al and O.J.
O.J. wanted -- she had a headache. She thought it was a hangover.
O.J. said, "You've got to go to the hospital. You've got to be sure
to go to the hospital." And it was through O.J.'s urging, as well as
And obviously, after this altercation there was a distance between
Nicole and O.J. And O.J. said, "I want Al to take you; I don't want
you to have to be concerned about anything else. I want Al to take
you to the hospital." And that's what happened.
Now, when O.J. and Nicole had married in 1985, O.J. was a wealthy man.
And they had signed what is commonly referred to -- and you've heard
about them -- prenuptial agreements. Basically, each kept their own
property. And that prenuptial agreement would preclude, if they ever
split up, Nicole getting half of O.J.'s property, which was
He was so distraught and upset by the fact that he had gotten physical
with Nicole, he had his attorney and friend, Skip Taft, draw up a
legal document. And that legal document said -- and was signed and
given to Nicole; she didn't ask for it -- it said, if O.J. Simpson
ever touches you again in anger, strikes you, does anything of the
sort, the prenuptial agreement is null and void.
He was worth about $10 million at the time. That document, in and of
itself, was worth $5 million.
And he gave that to Nicole, not only to say he was sorry, but to say
he was responsible.
And, ladies and gentlemen, as Mr. Kelly suggested to you, from that
day forward, O.J. Simpson never ever touched Nicole in anger again,
And I want to go on a little bit relative to the relationship and what
In 1991, as I suggested, O.J. would go back to the east coast and he
would do his thing for NBC and the football.
And in 1991, he went back, and Nicole didn't want to go with him and
didn't go with him. She had Sydney in school and she didn't want to go
back, so she didn't. When O.J. came back from New York, she said she
wanted a divorce.
Pardon me. I take that back. She said she wanted to separate.
O.J. didn't want to separate. He was in love with her, make no
mistake about it. He didn't want to split up his family, but she
insisted. And he said basically, if we are going to separate, we
ought to get a divorce and get on with our lives. If we go back
together, we can stop the divorce proceedings, whatever.
And so divorce papers were filed, I believe, in February of 1992.
Now, these two adults did not have an acrimonious relationship. You
will hear testimony that O.J. Simpson did not stalk, did not run after
Nicole, but went on with his life. You will hear testimony, ladies
and gentlemen, that O.J. Simpson became, and was Nicole's confidant.
Nicole had been with O.J. since she was 18; and she was, at this point
in 1992, kind of exercising her wings. And she had many boyfriends
and men loved her. She was gorgeous, and they loved to be with her.
And she was with a lot of them. And she had boyfriend problems. And
when she had boyfriend problems, she went to O.J. Simpson. When she
had -- well, let me tell you how much of a confidant O.J. Simpson was
In the summer of 1992, she became pregnant by one of her boyfriends.
And she turned to O.J. Simpson for moral support. She told two people
in the world; she did not tell her mother; she did not tell her
sisters. She told her best friend Cora Fischman, and she told O.J.
Simpson. And then she decided to terminate what was apparently an
unwanted pregnancy. That was how deep the relationship was in terms
of being a confidant.
She would call O.J. Simpson wherever he was, in town, out of town,
when she had a problem. When she had an accident in her Ferrari under
rather dubious circumstances. The first person she called and found
on the east coast was O.J. Simpson.
Now, O.J. had gone on with his life, ladies and gentlemen. And in May
of 1992, he started dating Paula Barbieri. The divorce was final, I
believe, in October of 1992.
Now, to try to keep this in some sort of chronological sequence, it
was December of '92 that Nicole is in Aspen with her then boyfriend,
and meets Kato Kaelin. She invites Kato Kaelin and others to a party
that she has at her house on Gretna Green in January of 1993.
In January of 1993, Kato Kaelin comes to the party, and he asked to
move into the back house that exists at Gretna Green, and Nicole
allows him to do that. And he moves in there and pays four, five
hundred dollars rent -- he doesn't really recall how much -- and he
becomes a confidant, more of a friend, I guess. He babysits the kids;
he talks to Nicole. He talks to her friend, Cora Fischman. He has
coffee with them. And he becomes a friend with O.J. because O.J. is
over there frequently, visiting his children. And he is in the Gretna
Green house for the year of 1993 to 1994.
Now, in 1994, Nicole moves from the Gretna Green house to a condo that
she owned at 875 South Bundy, where the murders took place.
Now, I want to go back just a little bit and bring you up to speed on
how she acquired that condominium.
O.J. Simpson, after they were married wanted Nicole to have a source
of income so that she could have her own money and she wouldn't have
to worry about being financially dependent on him. He wanted her to
have that level of independence.
When he was playing football in San Francisco, he had purchased a
condominium that he owned free and clear. He gave her that
condominium. It was worth $500,000, and he gave it to her. It was
rented out, and she received the rental income.
She subsequently sold the condominium in San Francisco and purchased
the condo at 875 South Bundy, which she also rented out and got the
income from that.
And what happened is -- and you'll hear from people who know this far,
far better than I -- what happened is that she used a section of the
Internal Revenue Service to transfer the property from San Francisco
to the Bundy property, so she didn't have to pay taxes on the
And to continue to not pay taxes on that differential between the
value of the condominium in San Francisco and the value of the
condominium in San Francisco (sic), under the Internal Revenue law, it
had to continue to be rental property. Well, in any event -- and I'll
come back to that. In any event, 1993, 1994, Kato lives at Gretna
Green and the relationship between O.J. and Nicole can best be
described in a letter that Nicole wrote to O.J. and had hand-delivered
to him in March of 1993.
Now, you've heard all about O.J. pursuing Nicole Brown Simpson.
In fact, the exact opposite is true. Nicole wrote a letter in March of
1993, and she said to O.J., "I wasn't sure why it was about me . . ."
talking about their relationship, "so I just blamed you. I was the
one who was controlling." She wrote, "I never stopped loving you. I
stopped liking myself and lost total confidence in my relationship
with you." She said, "I want to put our family back together." She
said, "I want to be with you. I love you I cherish you, and I want to
make you smile. O.J., I want to come home again. I want all of us to
be together again. We can move wherever you want. We can stay here.
I just never want to leave your side again."
She signed the letter, ladies and gentlemen, "I love you forever and
She was pursuing O.J. Simpson with that letter. She sent tapes of
family movies. She would come over to his house day and night. She
sent cookies to his house. She would show up at Riveria Country Club,
where O.J. Simpson would go to play golf.
In fact, ladies and gentlemen, she followed him all the way down to
the tip of Baja, Mexico, Cabo San Lucas, where he loved to go play
golf. And she pursued him -- and she pursued him and in May of 1993.
O.J. agreed to try to reconcile, but he put some conditions on the
reconciliation: That they try it for a year, and have a -- after a
year, they would see if it, in fact, would work. If it did, Nicole
and the kids would move back to Rockingham, because O.J. did not want
the kids uprooted if it didn't work out.
And so in May of 1993, they commenced a reconciliation.
Is this a good place, Your Honor?
THE COURT: Okay. Ladies and gentlemen, ten-minute recess. Don't
talk about the case. Don't form any opinions.
(Jurors resume their respective seats.)
MR. PETROCELLI: Your Honor, may I approach for a second?
THE COURT: Okay.
MR. PETROCELLI: I don't want to interrupt Mr. Baker during his
opening. In regard to the use of the exhibits during opening, I told
Mr. Baker I didn't have any problem with him using the two boards that
I referred to yesterday in opening. But he would like to use at least
one, and perhaps other plaintiff exhibits, that we have not yet
referred to and not yet used and I don't believe that that's
appropriate. I think we should be the first ones to introduce those
exhibits and use them.
THE COURT: What is it?
MR. BAKER: It is just a diagram of Bundy. That's all it is.
MR. PETROCELLI: I would like to see it.
THE COURT: If it's just a diagram.
MR. PETROCELLI: It's more than a diagram.
MR. BAKER: I'm covering all that up.
MR. PETROCELLI: It has all the locations of footprints and evidence
and it's a chart that we would like to explain for the first time when
we introduce it. It's not just a mere diagram like these maps. I'm
happy to show it to Your Honor if you would like to see it.
THE COURT: Are you going to use it in the opening in all that stuff?
MR. BAKER: No.
THE COURT: What portion are you going to use?
MR. BAKER: I'm going to use the portions that shows where the bodies
are. I'm going to show the portion that shows where the gate is. I'm
going to use to diagrammatically indicate the kind of struggle went
on, how long it went on in this closed in area. They put it at a
minute. Our people put it at 10, 15 minutes, that's what it's for.
MR. PETROCELLI: That's the point, I think they should use their own
exhibits. This one's specially made for one of our witnesses who will
explain what it means. I don't think they have a right to use our
exhibits for his opening statements.
MR. BAKER: This was made and introduced in the criminal trial. This
is the taxpayer's exhibits.
THE COURT: It's in existence?
MR. BAKER: Sure, it was in existence.
MR. PETROCELLI: What's your question?
THE COURT: It's not an exhibit created by you.
MR. PETROCELLI: It's an exhibit created by request for the
THE COURT: Have they added something to that exhibit?
MR. PETROCELLI: No.
THE COURT: Okay. You can use it.
MR. BAKER: Thank you.
MR. PETROCELLI: Can it at least be limited? He can't talk about the
footprint. It's a real footprint picture.
MR. BAKER: I'm not going to talk about the prints, not as it relates
to the diagram because when they say the drops are to the left, I'm
not going to be precluded from that. I don't care if the things are
this or not on the diagram.
MR. PETROCELLI: There must be a lot of defense exhibits that you can
use other than that one.
THE COURT: If this is an exhibit used in a criminal trial, I don't
see why I should preclude him from using it.
MR. PETROCELLI: Well, Your Honor, I think it's appropriate that we
have our witness explain what it means before it's used, in effect,
against us. That's my objection. I think that's lots and lots of
exhibits that the defense has that were used in the criminal trial.
Why do they have to use this one, that's all I'm saying. We ought to
have the right to put on with our witness.
THE COURT: It's a better exhibit.
(The following proceedings were held in open court in the presence of
MR. BAKER: May I continue, Your Honor?
THE COURT: Yes.
MR. BAKER: Let me correct one thing that I said.
MR. PETROCELLI: It's a new exhibit, I was mistaken.
THE COURT: Mr. Baker, could I just interject for the jury and for Mr.
Petrocelli's piece of mind?
Mr. Baker is going to use an exhibit that is the plaintiff's exhibit.
Plaintiff's concerned that Mr. Baker may be taking away plaintiff
thunder. I've indicated that this is apparently a photograph of a
scene. I don't think whoever produced it makes any difference insofar
as the photograph itself is concerned.
So just bear in mind that it is plaintiff's exhibit and Mr. Baker is
going to use it in his opening statement.
MR. PETROCELLI: Thank you, Your Honor.
MR. BAKER: I'll identify it when we get there.
I mentioned earlier about the January 1, 1989 incident and I mentioned
Officer Farrell's name and the real name is Officer Edwards.
In fact, Officer Farrell subsequently testified that O.J. always
accepted responsibility for that incident. So I want to make that
clear because we have a lot of people who may report that and I
certainly want to make it clear that it was Officer Edward who was
giving Orenthal James Simpson the hard time on the morning of January
1, 1989. That will be testified to as I suggested.
Now, before the break, we were going through the chronology of the
events of Nicole and O.J.'s life and we were approximately in May of
1993 after Nicole had said in the letter basically what her state of
mind was. That she was not, she was the pursuer. She was not being
pursued at all by O.J. Simpson at the time.
And O.J. agreed, as I suggested just before the break to a trial, at
reconciliation and that trial had limitations on it. It had
conditions on it. The conditions would last one year. And after one
year, if it worked out, she could move back into the house and they
would be remarried. But as I suggested he did not want his children
uprooted, moved into the house and then possibly moved out of the
And so that trial reconciliation went forward and there were some
rocky moments because of the strong person of both of these
And I want to revisit this third, what they call, incident of October
25, 1993. And I want to chat with you about that for a few moments
and tell what you the evidence will really show relative to that
On that evening, O.J. Simpson had gone to Nicole's house and had
dinner. He was making a movie at the time, one of the Naked Gun
series and he was on a set here in southern California.
And a young lady who was also there, engaged O.J. in conversation and
she said to O.J. that when her boyfriend, a fellow named Keith had
been seeing Nicole, he was heavily into drugs and Nicole was hanging
around with him. And this rang a very definite bell with O.J.
Simpson. And the reason it rang a bell with O.J. Simpson is O.J. had
gone to Nicole's house one evening and had walked up -- This was in
1992 -- and had walked up the front walkway and looked into the
bedroom. And he saw Nicole performing oral sex on this Keith. Lights
on, draperies open, kids in the house.
Now this man, who is supposedly a raging violent human being, didn't
do anything. Didn't go into the house, didn't make a scene, didn't do
anything. He rang the door bell to let them know that the world could
visualize what they were doing in there and he went back to his house.
He was upset. I think any human being would be upset.
And so when this incident occurred in October of 1993, he was having
this discussion with Nicole and it was getting nowhere, because he
didn't like the fact that Nicole was having parties, visiting people
where -- who were prostitutes, inviting drug users into his house with
his -- Into her house with his children there. And when you hear the
tapes, you'll hear the name Heidi Fleiss, you'll hear prostitute,
you'll hear drugs. It's all in there.
He was very upset about it. But I'm getting ahead of myself and I
What happened was thier conversation over this was going nowhere.
O.J. gets in his car and he drives home. When he gets home, he didn't
call Nicole. Nicole called him. And said when we decided that we
were going to reconcile, we said that we would talk these things out.
And so he got in his car. He went back and he was hot. There is no
question about it. He did not want prostitutes and drug users in his
house and he didn't want Nicole using drugs either.
And so it was a heated conversation and he was upstairs, Nicole was
upstairs when she called 911. And she called 911 and she had the door
locked and O.J. thought she was talking to her mother. And he knocked
on the door, maybe he beat on the door, and he went downstairs. Now
Nicole was so frightened of O.J. being so violent and in such a rage
and so afraid of him that she left the lock upstairs and went
downstairs to continue the argument.
Now, the police came, Sergeant Lally -- Sergeant Lally surreptitiously
recorded the argument downstairs, and you will hear on that
surreptitious recording, the reason I say it was surreptitious because
he was to book any recording into evidence immediately after taking
it. He did not, but in any event, it was found. You'll hear it.
And you'll hear O.J. Simpson. You will hear Nicole Simpson saying no,
he didn't hit me. He hasn't touched me since 1989 because he hadn't.
There was no violence in that. And if this was such a raging volatile
relationship, why would she have come downstairs.
And so ladies and gentlemen, the relationship and the trial period
continued. It continued into March of 1994. And again, it was --
they had good times. They had bad times but O.J. in March thought
they were going to make it.
And he called Judy Brown and he says I think we're going to make it.
I think I was wrong that this wasn't going to work. I think we're
going to make it.
And then he went to Puerto Rico to shoot this movie Frogmen and he
called her all the time. That is he called Nicole and her mood swings
were enormous. Incredible. One day she was loving and warm to him,
the next she was out of control. But he couldn't understand it and he
called Judy and told her about that. He said, I've got to watch
what's going on here.
She was drinking excessively when O.J. wasn't around. And in fact,
the evidence will show when, well, wait 'till I get there.
She was in friendships with people with severe problems. She was
partying with people she didn't know anything about. She didn't know
who they were basically. It was an amazing period. And you'll hear
that from her best friend.
O.J. comes back from Puerto Rico at the end of April, 1994. He sees
her. They have this date. They go down in Laguna, and she's a rattle
And it's basically one year to the day since she started this
reconciliation period and it wasn't she who broke it off. It was O.J.
Said unless you get counseling, I can't go on with this. I can't do
it. I can't be a part of all of the problems.
Her best friend had severe, severe marital difficulty. She would tell
her husband she was with Nicole and she wouldn't get home until 4:00
or 5:00 in the morning and she wasn't with Nicole.
Her other friend, who wasn't her best friend, Faye Resnick, was
heavily into drugs. And the problems and who do they go to with their
problems? O.J. Simpson. O.J. Simpson is the one they go to.
So what happens is the weekend of 7 and 8 of May, they decide it's
over. We'll go on with our life. O.J. was not a raging, violent,
smoldering human being the month of May or the month of June.
And the evidence will be that O.J. Simpson gave her a bracelet, gave
her some earrings and I want to tell you why the earrings came back.
Nicole had had these earrings that were diamond earrings, stolen.
O.J. paid to replace them, cost about $10,000.
When the insurance check came into O.J.'s office, it was sent to
Nicole who just took the cash instead of giving it to O.J. so she gave
him the earrings back.
And the bracelet, you will hear an expensive -- maybe a relative term
to some of us, expensive is expensive. But you will hear that the
bracelets that he gave her may have been purchased for somebody else.
But in any event, it was the least expensive birthday gift he ever
gave her in the 17 years that they were together.
Now, I want to revisit one thing. In that month of May, you've heard
from Mr. Kelly, with an accusation that O.J. Simpson missed his
daughter's first communion. I want to tell you the facts relating to
O.J. Simpson was a spokesman for Hertz and he had certain commitments
with his contract with Hertz. And he had to be at a conference where
they kind of showcase O.J. and he meets people and he mingles with
O.J. went so far to call the chairman of the board of Hertz to try to
get out of that to be at his daughter's first communion. He couldn't
and so he wasn't there. He -- so he wasn't there. He was earning a
I want to tell you about something else that occurred to this man who
is supposedly in a rage.
Every year they had an event for the preschool that O.J. had started
at his house. It was a fund raiser, 3, 400 people came. It was May
22, the day that Mr. Kelly just told you they broke up in this
Well, you will hear witnesses talk about the fact that Nicole came
over to his house, O.J.'s. There were people wandering in and out of
his den which has some television sets in it, or family room, and
wandering back out these doors to go back out to the swimming pool and
back towards the tennis court.
And O.J. was with some other gentleman in this den watching the NBA
Playoffs. Nicole came in sat down, put her head on O.J.'s lap and
laid there with other people around, hardly afraid of O.J. Simpson.
Hardly a relationship that has gone sour.
If fact, she got up, went up and climbed into O.J.'s bed. And the
reason she had done that, ladies and gentlemen, is she had had
pneumonia in the month, later in the month of May.
And O.J. Simpson had gone over there and taken care of her. And O.J.
had brought her soup, taken care of the kids, bought her flowers. Not
her mother, not her sisters, O.J. So then an event occurred. O.J.
was certainly aware of the problems, these serious problems with the
drug use of Faye Resnick and the severe marital problems of Cora
Then in late May he gets a phone call from Faye Resnick and Faye
Resnick says to him, she and her then fiance, Christian Reichardt,
want to go to a fund raiser charity event that O.J. sponsors at
Cedars-Sinai hospital for children with birth defects. And O.J. had
done it four years and raised 7, 8, 9 million dollars to advance
research in birth defects.
And O.J. said, sure, you can come. And the next thing he did was
receive a call from Nicole, how upset she was that O.J. was tying to
steal her friend. O.J. said I'm not trying to steal your friends.
She asked if she could come, she can come.
And then O.J. decided, look, I've got to distance myself from these
people. I've got to put a little distance because they have these
severe problems, and he attempted to do that. And he attempted to do
And you will hear, ladies and gentlemen, that virtually, virtually the
day after the agreement by Nicole and O.J. to end this one year
reconciliation period, he started to rekindle his relationship that he
terminated with Paula Barbieri when she tried to reconcile for the
year and Paula Barbieri and O.J. were publicly boyfriend and
girlfriend; the kids, the scene, Paula.
Certainly Nicole had seen O.J. with Paula. He wasn't a jealous
stalking man at all. The week before June 12, 1994, he'd been down
with Paula down in the desert. He played golf, gotten up early in the
morning, as is his custom, and he played golf. And he went ahead,
When he got back, Paula was gone -- She does not like him spending all
his time on the golf course -- with a note that she's broken up.
Well, she hadn't broken up with him and the next week, they were back
together and he was out of town virtually the week before June 10,
which is a Friday, on business on the East Coast. He had to attend a
board of directors meeting back there. He had some other business
back there. And when he flew back, well, let me wait a minute before
he flies back.
He was invited by a pal of his in New York that's he known for a long
time to stay in New York. He was back in Connecticut, New Jersey to
stay in New York play golf all weekend. And O.J. says no, I'm flying
home. I missed the first communion. I'm going to be at Sydney's
recital, flies to New York from LA, knowing he has to be back in
Chicago Monday morning because he has to be at a celebrity golf
tournament put on by Hertz.
So he flies from New York to Chicago. He's picked up by Paula Barbieri
and goes home and Saturday gets up early in the morning as is his
custom, goes to Riviera country club, plays golf, plays some cards,
goes back home, watches a little television and then goes to this
charity event on -- on organize the First Lady of Israel.
And Paula and O.J. had had a good time but O.J. wanted to go home
because he was going to head up early and go play golf. And in fact,
that's exactly what he did.
And again, Paula was not too excited about the time that O.J. spent on
the golf course.
So O.J., on June 12, 1994, rises in the morning, gets up and goes to
Riviera country club in Pacific Palasades plays golf, plays some
cards, he's in his Bronco and then he comes back and calls Paula. And
she doesn't answer. Now, I want to explain a little bit about O.J.'s
communication system if you will.
He like all of husband has a phone system but in his house the phone
system has many lines, kind of like a small business phone system but
it does not have a cordless phone and O.J. uses his portable cell
phone kind of like a cordless phone.
In any event, he's coming back and he calls Paula. Now, he doesn't
know that Paula had called his cell phone answering service and he
never picked it up, when she says that she was breaking up with him
again which she did not do. She was right back with O.J. the next
week after she came, heard about the accusations that were being made
But in any event O.J. never heard about that, never picked up and the
phone records will indicate to you, never picked up this call that
they say starts him smoldering because now he may be coming alone.
He then, after he calls Paula's house in his car, he then calls
Nicole's 'cause he thought he'd go over and pick up Justin because he
knows that they're getting ready for the recital that evening. Than,
maybe he can take Justin off his hands and off Nicole's hands. And he
adores his son and they have a good time over at his house. Nicole
says she doesn't want him to do that. And so he simply goes home.
He goes home and he is in his house and watches some television in the
afternoon and reads a book and kind of lies around. Kato comes in,
they have some conversations, makes a couple telephone calls. And
then you'll find that O.J. is a telephoner he's on the phone a lot.
You'll know that very much before the end of this case.
In any event, 5 O'clock comes, and he is dressed and he goes to the
recital at Paul Revere Junior high school which is five minutes from
He gets there, contrary to what my worthy adversaries have told you,
he has a seat two seats from Nicole. And the two seats that are
between them are for Sydney and Justin because when the kids are
dancing, they're kind of running around and the auditorium is in fact
full. And the people, the young students would dance and then the
parents after their kids would dance, would kind of leave. So as the
program got on in time, there was less people in the auditorium.
But O.J. was closer to Nicole than was her parents for example.
In any event, there was no smoldering rage with O.J. whatsoever.
He then sees that he's made a mistake. Other father's have brought
flowers for their daughters, so O.J., in the middle of the
performance, gets up, walks out, gets in his car and drives and gets
to a florist and gets some flowers and gets back before Sydney has
And because when he comes in, he sees Nicole kind of bending over
talking to his mother. Rather than disturb her and go through the row,
he just stands to the side because his daughter's coming up in the
And he waits, his daughter dances. Both he and Nicole were standing
during that dance as I recall and then they go outside after the
program and you'll see a picture. I'll put it up for you of O.J. and
MR. P. BAKER: Mr. Baker, you got to hit the monitor. I think you hit
it with her elbow.
MR. BAKER: I did. You may not see a picture of O.J. and Sydney.
MR. P. BAKER: Did the red light go to green.
MR. BAKER: The red light. No, the red light is a red light. The
MR. P. BAKER: Take the tape out real quick and then we're going to --
MR. BAKER: Now it's gone to green. Thank you.
(Referring to monitor.)
And O.J. was not in a foul mood. And you will see, in addition to
this photograph, you will see a video tape that was taken at that
recital. At the conclusion of it, you'll see O.J. laughing with Lee
Brown. You'll see Denise Brown hugging him. This is not the family
that was described by Mr. Kelly. This is a family that loves O.J.
The event is then over and it is approximately, I think it's right
around 7 O'clock. And O.J. returns to his house. Now, you've heard
accusations that O.J. can't account for his time and we're going to
get into that.
But after O.J. returns about 7:00, Sometime between 7:30 I think and
9:00. He takes his Bronco who he had parked on Ashford. Should we
put up the -- oh, let me put it up. (Indicating to large diagram of
MR. BAKER: His Bronco is parked over here on Ashford. And O.J. knows
that he's going to be, he's got an 11:45 American airlines flight to
Chicago and he knows that he's going to be picked up later that
evening by a limo and taken to the airport. And so he pulls his
Bronco into the area via, his entrance to his house and he offloads
his golf clubs and sets them down here in the walkway. And there's a
couple of benches that face each other here and you'll see pictures of
But he puts his golf clubs down there I think on the bench over on the
south side and goes, puts the car back. He then, after he's puts in
the car, he puts the car out because his driveway is basically one
way. You can get a couple cars in here and he has a little cut out in
here and that's where his Bentley usually is.
And his garage at the time had another vehicle in it and had a lot of
golf clubs in it and had some exercise machines in it. And so he
pulls the Bronco out the driveway and turns and parks it on
And the Bronco is, contrary to some evidence you may have heard, not
askew, at least over four, five inches. Can you put on that photo of
the Bronco parked on Rockingham. Okay. Now, can you move it up so
that we can see how far this tire is to just look at the curb area.
Now, you can see that that tire's a little bit over the concrete curb
on the macadam there and this is not over it, I don't know, five
inches. It isn't askew.
He then, sometime around -- you can turn it off. Thanks.
Sometime around 9 O'clock, I think its 9:03, he calls Sydney, tells
her congratulations, you did a great job. And then it's about this
time, about 9:00, 9:10 that O.J. had noticed that Kato had left the
He's upstairs and the back of his -- why don't you put that on?
(Referring to monitor) From the back of his bedroom upstairs, you can
look right down on the pool and you can see the pool, the jacuzzi
adjacent to it. I have a kind of diagram here and he looks down and
he sees that the jacuzzi is on. O.J.'s bedroom is here, jacuzzi is
So O.J. looks down. He says that he walks down to Kato's room. Now,
O.J. 's main house is this area where my hand is.
And then there is this area where this was, where Kato's room was and
Arnelle used this room. There's a wing that goes back beyond to the --
to the east of the house that has two bedrooms and a couple of baths
and there's a little office in it as well.
It adjoins the house and you can get into the these adjoining rooms
from the house. But when Kato is living there, and you can block it
off right here so that the guests can't get into your house and have
access into the main house.
And so after, and Kato by now was residing at O.J.'s. And you'll
recall, ladies and gentlemen, that Kato had moved in in January of
1993 with Nicole in the back house that she had at Gretna Green after
he kind of asked if he could move in there in January of 1993. Well,
he remained there until Nicole left, left take Gretna Green house at
the end of the year of '93.
And then, he had asked Nicole if he could live with her on Bundy and
Nicole and O.J. had a conversation about that and O.J. didn't think
that was a good idea.
He's a young man with his wife who's unmarried and his kids there and
he said, I don't think that's a good idea.
So he says to Kato, look, you can have a room back in that back wing
because nobody's living in there and its just unused. And Kato
immediately snapped that up and abandoned Nicole. And the reason that
I say abandoned is because you'll hear from Kato that he, Nicole,
didn't want him to move in there at all.
And Nicole, at that time, was sure that she was going to move back in.
This was that reconciliation period and she did not want Kato there.
So what happens is the minute Kato finds out that O.J. Simpson isn't
going to charge him rent, he drops Nicole like yesterday's newspaper.
And he and Nicole are never friends again. Nicole tells him, don't
move in there. Don't stay there. And in fact, when Nicole would come
over in the spring of 1994 to take the kids swimming, she'd call up
and have the housekeeper make Kato leave the property before she'd
But in any event, Kato was there certainly on June 12, 1994.
And O.J. goes down, as I suggested, and tells him, look, you have got
to be a little careful with the jacuzzi and turn it off because the
thing keeps bubbling and the heater and all of that. So he then goes
back up to his room to get some money because he's going to go get a
hamburger and he's going and he's hungry.
So he after he had left the recital, and turned down an invitation by
Judy Brown to go to the Mezzaluna -- To go to dinner, he didn't know
where they were going cause Judy Brown invited him to go to dinner.
He didn't want to go. He did not want to rekindle there any of the
problems that he and Nicole had.
At any event, he hasn't had any dinner. It's 9 O'clock in the
evening. It's 9 O'clock in the evening on June 12, 1994. He had gone
back down after he originally saw Kato, he -- when he got back
upstairs, he saw that all he had was 100 dollar bills.
Now you're going to here that hear O.J. Simpson, unlike you and I,
carried around a lot of cash. In fact, when the police asked Lee
Brown if he carried around a lot of cash Lee Brown says he always has
an enormous amount of cash, 5 to 12,000 dollars at all times.
So O.J. just had hundred dollar bills. So he goes down to Kato's room,
back down and says to Kato, can you break 100 dollars. Kato did not
have change for 100 and gave O.J. 20.
In that conversation when he asked him about -- when he asked him
about changing the 100 dollars, O.J. said, I need it because I've got
--I want to go get a burger and I need a couple of bucks for the sky
Long and short of the story is that O.J. is walking back into the
house and Kato says, can I go with you to get a burger. O.J. said
sure. They get in O.J.'s car about 9:10 on the evening of the 12th
and they drive to 26 and Santa Monica where there's a McDonald's, go
through the drive through O.J. gets his burger. Kato gets whatever
he's going to eat and they come back.
They get out of the car and O.J. had eaten his burger. On the way
back and he's kind of not -- he went in the Bentley, the black Bentley
because by now, the Bronco is out around the corner outside on
Rockingham. So he eats the burger on the way back. He's cleaning out
the lettuce. Kato's says, basically, he said have a good trip. Kato
starts on the back side going back to his house which is around -- not
his house, his room, I apologize. But the Bentley is here. It's here
in this little cut out in the driveway. And O.J.'s sitting here,
knocking the lettuce out of it and Kato walks around this way and he's
got to go in this path around here and then there's the pool area and
his place is back over here.
So O.J. then goes back in and enters, this is the kitchen entrance and
enters his house through the kitchen.
Now, we know that it is approximately 9:35 and we know that because of
the call that Kato makes, the minutes he gets back at 9:37. O.J.
fusses around in the kitchen for awhile, picks up his cell phone and
walks through this door and there's a button right there into the
And he wants to try to find if he can get a sand wedge because he's
just been given a new set of golf clubs, and O.J. has an immense
amount of golf clubs. He's just given new sets of golf clubs. He
wanted a particular sand wedge.
As you golfers know, the sand wedges don't come in a set. And not
only that, if you have a particular one that works, mine never does,
but if you have one that works, you kind of want to keep it.
In any event, he goes out into the garage and the golf clubs are on
this side of garage the north side of the garage, looks for a sand
wedge and can't find it.
So he picks up a three wood and thinks he may take that to Chicago
with his cell phone, walks out and opens the trunk of his Bentley.
O.J. has golf clubs in the Bronco. He has golf clubs in the Bentley.
He has golf balls in the Bentley. He has golf balls in the Bronco.
He's an avid golfer. And he finds a pitching wedge which you golfers
know is not quite as angled as a sand wedge, and takes it out. There's
some golf balls in the back of his car, puts them down right here on
the lawn and chips a few out towards Rockingham.
Now, it's dark. There's no question about it. O.J. inveterately
chips golf clubs and has a golf club in his house. He chips out
toward Rockingham a couple of shots just half shots. Then he chips a
couple full hits over the tee here onto the lawn, perhaps back here.
He then skulls one. And what that means is that if you take a golf
ball, your supposed to hit the club underneath it. If you hit it
halfway up, that's a skull and the ball goes pretty rapidly. And he
heard it hit some play equipment and decided that he better quit.
So he takes the pitching wedge that he had, puts it back into the
trunk of the car and wants to see if he's got any clubs with that sand
wedge is in the back of his one Bronco, a control box here. He owns
the gate. He goes out, his dog goes out with him. The dog goes
across the street, does his business. O.J. waits for him and now this
gate over here on the Rockingham gate is on a timer, opens and closes.
By now it's closed. He walks around, comes back in the Ashford side
because one gate is usually off, it was then, was off of the hydraulic
controls, pushes it open and walks in, puts the three wood that's
carried around with him found in golf clubs in his Bronco that he
could use back in the garage.
Now, when he's out here, chipping golf balls and just after he takes
the pitching wedge out of his trunk of his car, he calls Paula again
on his cell phone that he picked up in the kitchen. And he calls her.
Nobody's home and he leaves a message on her answering machine and
it's 10:03. It's done from right here. (Indicating to diagram).
O.J.'s cell phone is like a lot of people have and that is there is a
device in both his Bentley and his Bronco where you put the cell phone
and you can use it for a car phone. And when you take it out of that
device, you can use it as a portable phone. And so he was right there
when he called Paula at 10:00, 10:30.
Now, after O.J., and I'm going into a lot of detail and I apologize
for this detail, but the reason I'm going into this detail is my
worthy advisari said Mr. Simpson has no alibi for an hour and 20
minutes and I want to tell you what he was doing. But you can listen
to what he was doing from his testimony right here.
But after he had gone back, put the three wood back and gone back in
the house, he then goes upstairs, packs a little, reads a little bit
and then looks at his watch or the clock in the room and finds that
it's 10:30 to 10:35 on the night of the 12th.
Now, O.J. was, and is a bachelor. He lives alone. The hazards of
being a lawyer. (Referring to diagram falling.)
MR. BAKER: As I said O.J. was, and is a bachelor. He wasn't married
then and lives alone. He doesn't have somebody to vouch where he is
when he's home alone and he doesn't have anybody to vouch to him for
24 hours. For example, he couldn't have had anybody say the night
before, the afternoon before when he was home on Saturday, the 11th,
there was nobody there. I mean Kato was in and out but Kato was not a
close compadre of O.J. Simpson. He doesn't have anybody that's always
there with him.
In any event, ladies and gentlemen, it's 10:30, 10:35. He's been
reading a book, watching television and he looks and says, you know,
it's getting late. My limo driver is going to be running a little bit
late, I guess. But he goes to the bathroom, jumps in the shower.
While's he in the shower, he hears the phone ring a couple of times
once, twice, don't recall and doesn't get out of the shower to answer
Because he knows it's the gate because it has a particular ring and he
can see through the shower door on the phone. I believe he can see
that it's the line for the gate and his regular driver Dale St. John
let's himself in. He's picked up O.J. for years. He knows how to get
in the house. O.J.'s totally unconcerned.
So after he finishes the shower, he packs a little more and concludes
that he's gotten a particular golf outfit out of his closet and can't
recall if he got his golf shoes.
So he goes downstairs and checks to ensure that the golf shoes are on
-- are in the golf bag which has a travel cover on it. And let me
just back up, and I apologize for this, but what happened when he
brought his golf back bag in, he then put a travel cover on it. For
you golfers, non-golfers what that is there's a canvas cover that
covers the entire bag and so you can, when they throw it in the
airplane, your bag isn't open and somebody can't take clubs or
anything out of it. And it is very loosely fit around the golf bag so
you can put a lot of stuff in it, and O.J. did.
He had put into that golf bag, well, his golf shoes and he went
downstairs with a suit bag. Some of this luggage is kind of confusing,
but let me try too explain it to you this way.
O.J. had a followed over what has been known as Louis Vitton bag. He
had what he calls a grip, I call a leather duffel bag. He had a small
bag with golf balls in it. This is ultimately and he had a suit bag.
Now, he takes the suit bag 'cause he carries that on the plane because
he knows the next night he's got to go to a dinner and he doesn't want
to have a wrinkled suit after the celebrity golf thing that Hertz is
putting on -- on the 13th.
In any event, ladies and gentlemen, I don't want to confuse you, he
goes downstairs with his suit bag unzips his travel cover on his golf
bag, sees that the shoes that he wants are in there and closes it back
He then goes at this time as he is going back, he is seen by a Allan
Park. It is 10:57 and we know that from the phone records of Allan
Park's cell phone call.
Now, he goes upstairs at that point in time, completes getting
dressed, comes back down. His golf bag is gone. It's in the back of
the car with his Louis Vitton bag and his grip. He checks his grip to
see whether he's got all of the cell phone components.
And by that, he had his cell phone but his cell phone, like all the
portable cell phones, has a case and a charger and he needed the case
and the charger. And contrary to what you heard yesterday, he then
wants and does go out to the Bronco over on Rockingham and gets the
case and the charger for his phone comes back by the Bentley, picks up
a wind breaker, a little bag full of golf balls and was over to the
When he's walking back to the limousine, he hears the driver and
Kato's talking about noises. These thumps you will -- that you've
heard so much about and O.J. doesn't know what they're talking about.
He heard it when he came down, but he didn't pay much attention to it.
So now Kato seems to be somewhat agitated about these thumps and he
got a little pen flashlight and O.J. says, to the driver, "do you have
a flashlight light?" He said no. So O.J. says, "well, let's go into
the house and get a flash light."
So they go into the house to get a flashlight. O.J. takes a drink of
water and looks and sees that he is bleeding. He has a small drop.
He looked at the counter, there was some blood on the counter and he
took a napkin or paper towel, I don't know which, wiped it off and --
'cause he saw another drop of blood on his finger.
And then he sees in the kitchen that it's after 11 O'clock. He's got
a 11:45 flight so he says to Kato, I've got to go. I have to. You
lock up and I will call you from the limo and tell you how to set the
alarm. And O.J. hustles out the front door.
This is not before, ladies and gentlemen, that he had told Kato or
that they'd agreed, I think he told Kato, look, we'll get these
flashlights, you go around the south side of the house. I'll go
around the north side of the house.
In fact that would've worked. In other words, if they had time to do
that, O.J. was sending Kato Kaelin right where Mark Fuhrman says he
found a glove.
In any event, it didn't work. O.J. comes out, gets in the limo and
off they go to the airport. O.J. does exactly what he said he was
going to do. That is, he calls Kato Kaelin from the limousine cell
phone, tells him the alarm, Kato sets the alarm.
Now, to give you the whole picture, I've got to go back and discuss
with you a little bit.
THE COURT: I think it's time, pick a time when it's convenient for
MR. BAKER: This is the time.
THE COURT: Okay. Ten minutes, ladies and gentlemen.
(Jurors resume their respective seats.)
MR. BAKER: I apologize for the length of this, but this case is going
to go for a while, and there's a lot of evidence and a lot of facts
that I've got to tell you about.
And when we broke for the last recess, I was going to chat with you a
little bit about Allan Park. And Allan Park is the limo driver. And
he came down Sunset; he turned right on Rockingham. He goes up and
hadn't really recognized the house when he drives past Rockingham, and
then turns right, onto Ashford (referring to diagram of Rockingham).
He turns right onto Ashford. His testimony will be he turns the limo
around and parks it on the north side of the street, knows he's pretty
early. It's 10:20, 10:22. He gets out of the limo, smokes a
cigarette, and stays basically there until about 10:40.
He's got the vehicle in the area on Ashford. He drives around at that
point and looks into the gate at Rockingham, and sees that it's
possibly not quite as accessible, and drives back an parks the
limousine with the limousine facing down the driveway.
Now, he then -- from 10:20 to 10:40, he basically out of the
He's then in and out of the limousine, punching the intercom, while
Mr. Simpson is in the shower and doesn't get out of the shower.
Now, Allan Park, if he's here, and O.J. drives his Bronco up here, is
going to hear it.
He doesn't hear anything. He doesn't hear a door slam; he hears
nothing. And the reason he doesn't hear anything is because the
Bronco is there all the time.
Now, his testimony is going to be that he doesn't recall seeing any
cars on Rockingham. His testimony is also going to be that here in
the driveway were two vehicles, Mr. Simpson's Bentley and another car
behind it. Arnelle's Saab wasn't there. She didn't get home until 1
o'clock that morning. It wasn't there when he was there.
But he'll testify he recalls seeing it. And he testified that it's an
innocent mistake of recollection that it was here. And he testifies
even though his car is parked on Rockingham at the time and he didn't
recall seeing one, one car from Sunset down to Mr. Simpson's house.
In any event, ladies and gentlemen, he does see, at 10:55, when he
gets off the phone, Kato Kaelin coming out this way. Kato lets him
in. He drives up, picks up -- puts the golf bag in the back of his
vehicle, and he's chatting with Kato Kaelin about the thumps that Kato
Now, you heard read why he had from Mr. Petrocelli, why Kato Kaelin
heard those thumps at 10:50. Kato Kaelin testified that he heard
those thumps at 10:40. In fact, he was on the telephone to his
girlfriend, Rachel Ferrara. She testified that he asked her at 10:40
-- he asked her at 10:40 if there's been an earthquake. And so it was
at 10:40 that he heard the (counsel indicates banging noise) that he
testified to in the preliminary hearing -- that he testified to in the
As I suggested, when O.J. has gone out to his Bronco not to get the
exact cell phone, the portable cell phone, but as I indicated to you,
the case and the charger, and comes back around, picks up the golf
bag, the little ball bag, and his -- I believe his windbreaker that he
had, that he put inside the golf bag, and goes back over to where the
That's when O.J. again hears Kato and Allan Park, the driver, talking
about these thumps.
That's when he they go into the kitchen and that's when O.J. notices
blood on his hand, wipes it off, and thinks nothing of it; goes out,
gets back in the limo, and heads to the airport.
Now, you've heard a lot about cuts on O.J. Simpson's hand.
Well, I want to tell you, ladies and gentlemen, along with the cuts
and the fact that this man was in some sort of rage, Allan Park didn't
think Mr. Simpson was in any sort of rage. And we're going to come
back in a moment to the time line as to whether or not Mr. Simpson
could have murdered two people between 10:40 and 10:45 -- as Mr.
Petrocelli told you about yesterday -- 10:40 and 10:45, and be seen
back in his driveway at 10:55. But I'm going to get back to that in a
What happens is that after he's in the limo and he goes to LAX, he is
seen by a couple of people as he gets out of the vehicle, a Michael
Gladden and a Michael Norris. And you will hear their testimony.
O.J. is calm, cordial, friendly. In fact, I believe the evidence will
indicate that Michael Gladden had asked him for an autograph. He
started to the gate and then remembered that he hadn't given Gladden
an autograph, turned around, gave him an autograph, and then went on
to the gate.
Now, those people will tell you that Mr. Simpson's demeanor was
cordial, calm, warm, nice. They will tell you he signed and the
autographs for them, ladies and gentlemen. He had a pen in his hand;
he had no cuts, not a cut on his hand.
He gets in the airplane, and in the airplane is a fellow by the name
of Howard Bingham Now, Howard Bingham was Mohammed Ali's personal
photographer, and he'd known O.J. for years. And Howard Bingham
approached, and he came up and talked to O.J. in first class. And he
said -- and he'll testify he was warm, he was cordial, he was nice,
like he always is. He did not have a cut on his hand.
Steve Valerie, sitting across the aisle in the same row as O.J.
Simpson -- by the way, he wasn't asleep; the whole first-class section
is not asleep. He notices O.J. interacting with all the other
passengers. And he is more inquisitive because he is looking at
O.J.'s hand for a Super Bowl ring.
Now, O.J. was inducted into the National Football League Hall of Fame,
but O.J. never played in the Super Bowl, neither for Buffalo nor for
San Francisco ever played in the Super Bowl during the time that O.J.
was a member of the team. So he was looking at his hands. He saw
absolutely no cuts.
Wayne Stanfield was the captain of the American Airlines flight that
night. He heard O.J. was on the plane, so he comes back out of the
cockpit after they're airborne and talks to O.J. Again, warm,
cordial, very nice, like he always is. No cuts whatsoever on his
The plane touches down in Chicago. And Jim Merrill, an employee of
Hertz, had been designated to pick up O.J. early in the morning. This
is a red-eye -- O.J. had taken a red-eye because he wanted to be at
his daughter's recital. He knew he had to be in Chicago for Hertz.
That's part of what he did for a living. So he had taken this
And it's 6 o'clock in the morning, basically, in Chicago. And Jim
Merrill picks him up. O.J. is normal, cordial, was through the
airport. He had checked his fold-over Louis Vitton bag; he checked
his golf clubs. They waited for the clubs. Jim Merrill says there
wasn't a cut on his hand; he was nice to everybody, warm, cordial.
Then they go to the hotel. O.J. Simpson dropped off in the early
morning hours, as I said, goes into the lobby, signs autographs when
people see him. The clerk at the desk sees O.J. sign autographs. He
does not have a cut on his hand.
Then, he goes upstairs to his room and goes to bed, to get a few
hours' sleep before he's got to get up and be transported back to this
golf course to play golf all day long, then attend a banquet that
evening. That's the plan; that's what he was there for; that's what
Hertz pays him for.
He is awoken at about 8:30 Chicago time, 6:30 our time, and he's told
that his former wife is dead; she's been killed. And he is absolutely
distraught. The police won't tell him how; they won't tell him what
happened. He asks about his kids. They've been taken to the police
station. He is exceedingly upset. He's distraught. He doesn't know
what to do.
He calls Cathy Randa, his assistant. He calls Leroy Taft. Leroy Taft
is his manager, his friend, his lawyer. And he says, I have got to
get back to LA. I've got to bet back to LA. And he's making calls an
he's rushing, between trying to pack his toiletries, and he's rushing
between the phone, which is by his bed, and the bathroom, and he cuts
-- Breaks a glass. You'll see pictures of it there. The Chicago
police went in afterwards, took pictures of it. You'll see the bloody
towel. And he is rushing back and forth, and he cuts his hand on the
middle finger of his left hand with the glass.
And he is frantic. He calls Jim Merrill, the guy who picked him up
the night before. He doesn't know if Jim Merrill lives five minutes
or 45 minutes or 55 minutes from the airport, but he does know --
because he called downstairs, contrary to what Mr. Petrocelli says --
he does know there are no cabs. He then is frantic, calls him back for
the car. You've got to get here. I've got to get back to Los Angeles.
Within 65 minutes of being told that his wife, former wife has been
killed, the mother of his children, he's on an airplane back to Los
Angeles. He goes down into the lobby area of the hotel, and in the
lobby area of the hotel, he asks the clerk for a band-aid because he
cut his finger. She sees it at that time, not the night before, not a
few hours before, and he gets on the airplane. And he sits next to a
fellow by the name of Mark Partridge.
Mark Partridge is an attorney. O.J. -- again, he's frantic. Again --
let me go back. I missed something, and it's important. I want to
tell you about it.
Jim Merrill has testified that the O.J. that called him the morning of
the 13th was a far different O.J. Simpson than he picked up a few
hours before. He was agitated; he was totally distraught. He didn't
know what to do. He couldn't react; he was grief-stricken. So he
gets -- as he comes down -- and I missed this, too -- he comes down,
and another Hertz employee, by the name of Raymond Kilduff, had come
into the hotel, and he had dropped off some other people who were
going to be transported out to the golf tournament that same day. And
O.J. asked him frantically if he could give him a ride to the airport.
And Killduff will testify that O.J. Simpson was agitated, he was
upset; he just was beside himself. And he's the guy that took O.J. to
And Cathy Randa, his assistant, had gotten him two flights, because
she didn't know if he could get out there quick enough. And he had
one flight, then he had another one, I think, 40 minutes later that he
was booked on. And I don't want to dispel the idea of the golf clubs
and his consciousness of guilt here.
What the evidence is going to show, ladies and gentlemen, the evidence
is going to show that O.J. Simpson, when he got to the hotel in the
early morning hours of the 13th, left his golf clubs in the car that
Jim Merrill had picked him up in.
When he found that he could make the early flight and get back, he
didn't wait for his golf clubs. He didn't wait for Jim Merrill, who
was on the way with his golf clubs in the trunk. He grabbed, as any
human being would after being told your wife -- former wife has been
murdered, the mother of your children has been murdered, took the
first available vehicle he could find to get to the airport he didn't
care about his golf clubs.
So he gets back to the airport. As I said, he's seated just next to
Mark Partridge, an attorney. And O.J., again, is just distraught --
and Mark Partridge has testified to this -- he is upset; he is crying.
He is on the airplane. He didn't know what to do.
He calls Kato a couple of times. The air phone cuts off. He calls
Cathy Randa. He calls Skip. He is trying to find out what had
happened to Nicole, and he can't find out.
Now, he arrives at LAX. He didn't check his bags coming back; he
carried -- he took his suit bag, pulled it into his fold-over bag, had
his fold-over bag and grip bag. That's what he had coming back.
He gets out of LAX on the 13th, and now this event, the murders of
June 12, 1994, becoming big, big media business. They are everywhere.
But he gets out of the airport; he gets into Skip Taft's automobile.
He's got his grip in one hand and he's got his Louis Vitton he throws
in the back seat, I believe, with Cathy Randa and Skip Taft, and he
goes directly to Rockingham.
When he gets to Rockingham, it is in the morning, right around noon, I
think, somewhere about there, our time.
The crime scene is roped off with yellow tape, like that stuff
sticking outside on the doors, or just on the side of the doors. And
he has this black duffel bag, slant grip, as he calls it, in his hand.
And Cathy Randa gets out of the car and takes his fold-over Louis
Vitton with him.
Well, they let O.J. and Skip Taft into the estate. They won't let
Cathy Randa in; she's not a lawyer. This is a crime scene. They let
Skip in because he is O.J.'s lawyer. She's standing from -- with this
grip. She offers it to the police, this fold-over Louis Vitton bag.
They wouldn't take it. She says, take it, put it in the house, or take
it. They wouldn't do it.
Simultaneously to that, Bob Kardashian had heard that O.J. was coming
back to his house. He heard on the news this horrible event, and he
changes direction and goes to O.J.'s house. He pulls up in his car,
and there's Cathy Randa standing outside, because when Skip, as I
recall, gets off the out of car, he locks it. She can't even get back
in the car; she is standing there.
You'll see a tape of them hugging and her handing Bob Kardashian the
fold-over, if you will, Louis Vitton bag, and he throws it in his car.
And the police do not ask for that piece of luggage for months. And
when they ask for it, it is immediately given to them.
And I want to tell you, ladies and gentlemen, this is a test. It's a
presumptive test. And what it is -- you'll hear the word Luminol
possibly throughout this case. It will have a lot -- be repeated over
and over again to you. But there is a chemical called Luminol. You
can put it on something, and it's a presumptive test for blood. In
other words, if you cut your hand and you put Luminol on it, it turns
blue; you can see it. What it really does is, as I understand it --
I'm certainly not a chemist -- is, it recognizes, if you will,
So, in any event, that bag was thoroughly tested by the Los Angeles
Police Department, and you can determine if this test and others, if
an item has ever had blood on it. Inside, outside, you can determine
That Louis Vitton bag had never had blood on it at all.
They did that test to the golf bag, as well. Never blood on it at
In any event, to continue on with the chronology, O.J., the minute he
gets into his estate, is handcuffed.
And then he has walked over by the street tree and Phil Vannatter, has
the handcuffs removed. And they chat.
Now, Howard Weitzman, also a lawyer, was there. The reason that
Howard Weitzman was there in the estate when O.J. Simpson got there is
because of Mark Partridge, the attorney I told you about that sat next
to O.J. on the flight out.
During the communications with Mark Partridge and O.J., O.J. had told
him, "The police want to talk to me."
And Partridge said, "You better have a lawyer there."
Skip Taft is a lawyer; he's a business lawyer. He's O.J.'s manager
and a business lawyer; he's not a criminal lawyer.
Howard Weitzman was called. Howard Weitzman was a lawyer.
So Vannatter says to O.J., "I want to take you downtown and I want to
ask you some questions."
Now, O.J. is still standing there with this grip. O.J. says, "Fine,
we'll gone downtown now." Here's a man that's had two hours' sleep in
the last 36 or whatever it is, 40 hours, going downtown to be
They are going downtown, and John Vannatter and Lange put O.J. in the
police car, and have his lawyers, Skip Taft and Howard Weitzman, drive
downtown to Parker Center in a separate car.
When they get down there, Vannatter says, "Look, I don't think you
need a lawyer. We can do this interview without you having an
And O.J. doesn't have anything to hide; he agrees to that, says that's
You will hear the interview that was done on O.J. Simpson at about 2
o'clock in the afternoon of June 13, 1994. Now, that interview is
recorded, and O.J. is tired. You will hear him tell the police about
having the cut and the drop of blood that I told you about after he
came back from getting the case and charger to his phone from his
You will hear O.J. Simpson tell him about cutting his finger in
Chicago; it's in here.
You will hear O.J. Simpson say he doesn't know what's going on. You
will hear him ask Vannatter and Lange and tell them he's been asking
for hours for you guys to tell me what's going on. You won't do it;
you say you'll tell me in a little bit.
And they don't tell him.
They say, we've got two killings here, and O.J. doesn't know how those
killings occurred. He says, I've got guns at my house.
Go get the guns.
Knowing those guns hadn't been fired, they said, "O.J., we've got a
problem here. There's blood at your house.
He said, give me a blood test. Give me a blood test.
Consciousness of guilt? Consciousness of innocence.
Why would he let them take his blood? Why would they let him interview
him without a lawyer? Why would he let them ask him about --
MR. PETROCELLI: Objection. Argumentative.
THE COURT: That's sustained.
MR. BAKER: Consciousness of innocence.
So they finish taking his statement at about 2:30 in the afternoon of
the 13th, and then they take O.J. up on his offer to take blood, and
they go down and they have this nurse, LAPD nurse, Spano Peratis,
takes his blood in a syringe that's duly marked per CC boom, boom,
boom on the syringe.
He testifies under penalty of perjury now, at the preliminary hearing,
when this -- everybody knows this is a high-profile case of importance
that's televised. He testifies.
"How much blood did you take, Mr. Peratis?"
"7.9 to 8.1 cc's."
There's no doubt that's what he testified to. So let's just round it
off at eight cc's of blood.
And they release O.J. Simpson. And O.J. Simpson goes to his office
because he can't go home; they still have it quarantined off as a
crime scene. And then he goes to his office, and he ultimately goes to
And you've heard from my worthy adversaries. I've heard them say that
O.J. said to Kato, for example, on the night -- the evening of the
13th, you saw me go into the house, didn't you?
I'll tell you what O.J. said to Kato Kaelin. Kato was going to be
interviewed by O.J.'s lawyers. O.J. Simpson said to Kato Kaelin,
"Just tell the truth." That's all he said, "tell the truth."
And then O.J. was under the cover of darkness and surreptitiously
because his house had become a zoo -- there were people everywhere;
there were cameras everywhere. There were boom mikes; there were
people on ladders, trying to look into his home. And so they got him
out of there the next morning and they got him over to Bob
Kardashian's, where he remained to until the 17th.
And O.J., of course, went to Nicole's funeral on the 16th, I believe.
On the 17th, he had perhaps the most outstanding criminalist in the
world at his house -- at Kardashian's house. Pardon me.
And what O.J. had done and his lawyers had done, they said to the LAPD
and to the LA District Attorney's office, "We will give you the
services, at Mr. Simpson's expense, of the world's best detective and
the world's best forensic scientist, and let the cards fall where they
That offer was refused by the LAPD and the LA District Attorney's
So Henry Lee, who is possibly the best known criminalist in the world,
flew out from Connecticut. He took a bunch of pictures of Mr.
Simpson. He did some presumptive tests around his house relative to
Robert Heidstra was there. They took some pictures of Mr. Simpson,
showing absolutely no bruises whatsoever. None. He had some cuts on
his left hand. He had a cut where he cut himself in Chicago, and he
had additional cuts that he had incurred since he had been back.
And you will hear testimony, ladies and gentlemen, that O.J. Simpson
was just distraught. He was under heavy medication. He could not
believe that people -- that the media would accuse him of killing his
former wife, the mother of his children, and leaving her body at the
stairs so that his children could find them.
He couldn't believe it. And he had a very hard time, and he was under
heavy, heavy medication. And he wrote a note on the 15th -- and let
me read you the part that Mr. Brewer just failed to read to you.
MR. BREWER: That's argumentative, Your Honor.
THE COURT: Overruled.
MR. BAKER: It should -- is it there? Would you check it, please?
I'm sorry. No, I've got it under all this paper. I apologize.
The first words that Mr. Simpson wrote, first, everyone understand I
had nothing to do with Nicole's murder. Then he goes on, and it says
-- I guess I was wrong yesterday. I shouldn't have said it's not to
be referred to as a suicide note. It is. And he thanks the people
that have been his great life-long friends.
And then on the 17th, after Nicole's funeral and after these
criminalists and doctors have taken blood from him, after they've
taken pictures of him, after they found that he has no bruises, no
nothing, O.J. knows absolutely true knows that he is going to be
arrested for the death of his former wife.
And that did not make any difference to Mr. Simpson; he was not
concerned at this time about an arrest or the police or whatever he
was going to do as far as the rest of his life.
He was grief-stricken. He will tell you better than I could ever tell
And you will hear from him. You will hear from him that what he
wanted to do was to go down and be with Nicole, is what he wanted to
do, end his life and be with Nicole.
And he went down and got in the car and they went down to Laguna.
When they got to the grave, the cemetery where Nicole was buried,
little ways further, into an area where there was an orange grove.
And O.J. certainly more then contemplated ending his life, came very
close, and was talked out of it by his great friend, Al Cowlings.
We all need an Al Cowlings.
And then the most famous television saga, perhaps, of our time, came
back to Los Angeles. And you'll hear some descriptions. You'll hear
some cell phone conversations about that very, very traumatic time.
And you can make your own judgment if Mr. Simpson was going to flee.
But let me tell you, you've heard about this consciousness of guilt.
What was in this black grip or this duffle bag?
Well, when O.J. returned from Chicago on June 13, that bag was opened
by Phil Vannatter. He looked into that bag; and there was in that
bag, Mr. Simpson's passport, this disguise which was never used, and I
mean, can you -- you know, if Mr. Simpson were to use a disguise and
his passport, his passport photo then doesn't match what he looks like
with the disguise on. He can't go anywhere. But think about it.
He had like $8,000 on him. And what perhaps is most important, by the
way, what was in there, passport, the stuff when Vannatter took Mr.
Simpson's grip from him and put it in his car, on June 13th.
In fact, you'll hear on the tape, when they interview him, they talk
about that grip, and Vannatter will I say, it's in my car. They had
total custody and control of that. It wasn't a disguise for Mr.
Simpson to run and hide. And as I mean to tell you that, the things
that weren't in there are possibly more important than the things that
were in there.
Mr. Simpson is -- has severe arthritis. He takes 800 units of Motrin
in the morning and 800 units of Motrin in the evening.
There was no Motrin in there. And this isn't Motrin we can get at
Payless; this is Motrin that's prescribed.
There were no toiletries in there. He had given the money of $8,700
to Al Cowlings. And he had given it to him because he thought he was
going to take his life. And this was no consciousness of guilt.
Mr. Simpson then came back and he wanted to see his mother. He drove
to Rockingham and he saw his mother.
The police handcuffed him and they took him down to jail for 490 days
in solitary confinement for two murders he did not commit.
Is this a good time, Your Honor?
THE COURT: I take it you want a break?
MR. BAKER: I would appreciate it.
THE COURT: 1:30.
Please don't talk about the case. Don't form or express opinions.
(Luncheon Recess, 11:49 A.M.)
SANTA MONICA, CALIFORNIA THURSDAY, OCTOBER 24, 1996 1:40 P.M.
DEPARTMENT NO. WEQ
HON. HIROSHI FUJISAKI, JUDGE
(REGINA D. CHAVEZ, OFFICIAL REPORTER)
(The following proceedings were held at the bench:)
THE COURT: I understand you're not going to finish.
MR. BAKER: I'm going to finish today.
THE COURT: Oh.
MR. BAKER: I'm so tired of listening to me standing.
MR. KELLY: I'll stipulate to that.
THE COURT: That's very kind of you. Okay.
MR. PETROCELLI: Based on what we indicated, I released my witnesses.
(Jurors resume their respective seats.)
(The following proceedings were held in open court in the presence of
THE COURT: Everyone present. You may resume.
MR. BAKER: Thank you, Your Honor. Again, ladies and gentlemen, I
apologize for the length of my remarks but if you think its hard
listening, consider talking this long.
Now, when we left off, we had finished with my client in jail. And I
want to go back now to June 12, 1994 and direct our attention, if we
can, to 875 south Bundy, Nicole Brown Simpson and the witnesses in
that vicinity in an area.
As you may be aware, after the recital, Nicole, her two children, her
children and OJ's children and a young lady by the name of Rachel
Berman as well as her mother, father and sisters went to Mezzaluna for
They, I believe the evidence will show, left there at about 8:30 and
the plan was that Rachel Berman, this friend of Sydney Simpson was
going to spend the night and so they, after they the got through
dinner, they went over to Ben and Jerry's. They got on ice cream and
then they went back to the condominium at 875 south Bundy.
Now, they got there sometime possibly before 9 o'clock maybe it was a
little after. In any event, there is a fellow by the name of, I want
to get it right here, Thomas Talerino and Thomas Talerino and his
friend are roller-blading down Bundy at 9 O'clock at night on June 12,
1994. And you'll hear him testify that as he goes by 875 south Bundy.
He sees a Caucasian or Hispanic male crouched in the bushes up by the
gate. He sees a female over to the left of that by a bicycle. He was
interviewed by the police and nothing happened.
Eleven months later, he's reinterviewed by Tom Lang, and asked
specifically, is this person who was in a suspicious position and he,
both he and his friend --
MR. PETROCELLI: Your Honor, I have an objection to this based on,
from an order the court made. May I be heard?
THE COURT: You may.
MR. PETROCELLI: Thank you.
(The following proceedings were held at the bench:)
MR. PETROCELLI: The court entered an order and granting our motion in
limine regarding this evidence of other killers cause it cannot be.
THE COURT: Excuse me?
MR. PETROCELLI: Regarding evidence of other killers, third parties
because it cannot be linked up in any way to the situation in this
case. And this is -- this falls squarely within that order, Your
Honor. That's what we had moved on and that's what Your Honor
MR. BAKER: Your Honor, this is totally different. This is offered to
show that the LAPD zeroed in on my client, never ever looked at any
other, any other evidence. And the people that are intricately
involved, the same people that are working for Mr. Silverberg and
MR. PETROCELLI: Your Honor specifically ruled on this. This is the
very sort of thing you're not able to inquire about and that's what we
moved on because he cannot link it up in any way, shape or form to any
of the facts of this case. He can't sit there litigating all these
clues in front of the jury.
THE COURT: Not scrolling up.
The two motions came, the motion that the plaintiff made with regard
to any theories of other people such as a motion had to do with
theories of drug lords or other people who theoretically committed
this offense. That motion, I don't think, covers what any percipient
witness saw with regards to a potential suspect. So long as this is
not going to be the basis of concocting some theory of some drug lord,
I don't have a problem with that.
MR. PETROCELLI: Your Honor, that's a different motion. Number 8 is
the one that's on point here that I'm referring to that we made.
THE COURT: He has.
MR. PETROCELLI: No, right here, Your Honor. He eliciting that the
LAPD did not follow up on these clues. That's precisely what's barred
unless the defendant can make an offer of proof as to what clues or
leads would have produced under that case that we cited. And what he
is doing is he's pointing out one clue and he can, that's 500 of them.
That was the idea of the whole motion.
THE COURT: The significant difference is that this is a witness on
the scene at the time at or about the time. I'm going permit the
defendant to go further on that person to what that person saw. That's
different from pointing to some conspiracy theory or to some other
drug lord or somebody else.
MR. PETROCELLI: He's gone beyond what the person saw. His point of
this is what the LAPD did with regard to this information, not what --
I have no objection to the person's observations, Your Honor. That's
not what I'm quarreling about. I'm quarreling about getting into
LAPD's investigation of that person's information. That's not
relevant under -- that falls within the order. If he wants to say
what Telerino saw and heard at the time of the scene, fine. I've got
no problem with that. But what's the relevance of what the LAPD did
with regards to Talerino, that doesn't go anywhere. That was why we
made this motion.
MR. BAKER: Talerino testified that all leading to OJ Simpson, that's
been on the new media. Marcia Clark had a press conference 56 hours
after these murders and says there is only one suspect. And the
reason there is only one suspect is because OJ Simpson was their
suspect and they excluded everybody else.
I think it's relevant so have this jury understand because a big issue
is being made if not OJ, who? And so I'm not saying who, but I've got
to say the reason that nobody can tell is because LAPD with this --
and a bunch of other things, did not follow normal police procedures
and did a very poor investigation, a very poor collection of the crime
scene evidence. And obviously, what I would request is that you, if
you have any problems with this, you can move to strike it afterwards.
I mean this is not, this is not the end all to the case but this is
THE COURT: Well, I don't want this to be your wedge. I don't want
this to be the wedge by which we get into the collateral theory of
drug lords. What's her name?
MR. BAKER: Faye Resnick.
THE COURT: Faye Resnick, all of that other side show.
MR. BAKER: Can we --
MR. PETROCELLI: My point is that Thomas Talerino can come and testify
and state his observations as well as any other witness, but --
THE COURT: To the extent that Mr. Baker is trying to say that the
police department focused on Simpson, to that extent, I will permit
MR. BAKER: Okay.
THE COURT: It's very narrow.
MR. BAKER: I understand.
THE COURT: And I'm sure then that with those parameters, it is
MR. PETROCELLI: For him to argue that they didn't follow up on this
THE COURT: No, you're to argue that they focused on Simpson and not
on anybody else. They already made up their mind as to Simpson. I
think that's the tenor of his argument.
MR. BAKER: It is.
MR. PETROCELLI: Well, we'll see.
(The following proceedings were resumed in open
court in the presence of the jury:)
MR. BAKER: As I was saying, and I apologize, they're certainly
entitled to make their objections. I do as well.
But to Talerino on roller blades, his friend Louis Garentino on roller
blades going down, south on Bundy in front of 875 south Bundy and they
see this Hispanic or Caucasian female crouched in a menacing position
and they visualize this woman over next to a bicycle, Caucasian woman.
They're interviewed by the police and very shortly after the murders
occurred on June 12, 1994 and never again heard from until Thomas
Lange interviews them 11 months later while the criminal trial's in
progress, confirms that the exact location that they're talking about
with these individuals was the crime scene, 875 south Bundy. They're
never contacted again by the police whatsoever.
At 11 o'clock, a woman by the name of Donna Marshall tells the police
that 11 o'clock on June 12, 1994 she hears a loud argument outside of
her house. It was very loud and it was very menacing.
She is told by the LAPD, she told that doesn't fit our time line and
she's never contacted again.
Ladies and gentlemen, we'll get into what the police did in this case
in a minute, in terms of focusing on one person, O.J. Simpson.
Now, you've heard, and I don't disagree with the representations that
were made by Mr. Petrocelli relative to what was happening over at 875
south Bundy. Except at 9:00 around 9:15, a Mr. Robert Berman came to
pick up Rachel Berman.
You recall I said Rachel Berman was Sydney's friend and apparently
plans had changed. Instead of spending the night at 875, she was going
home and she was picked up by her father. Her father talked to Nicole
for about 15 minutes.
She wasn't afraid. She wasn't upset. She wasn't depressed or
He picked up his daughter, left. As you've heard, Nicole called the
Mezzaluna restaurant at about 9:40. After receiving the phone call
from her mother at about 9:30 suggesting that her mother had left her
glasses at Mezzaluna, they found them and she needed them picked up.
Now, Nicole, called and asked for Ron Goldman. Nicole and Ron Goldman
knew each other well before June 12, 1994. And in fact, you will hear
Nicole's best friend from the witness stand, say that they had a date
that night. That Ron Goldman was in fact going to Nicole Brown
Simpson's condo that night.
And you will further hear that there were plenty of parking spaces in
front of Nicole Brown Simpson's condominium on Bundy at 10:15, 10:20,
whenever he got there, but he parked around the corner in his
girlfriend's car and down the street.
You will then hear this Robert Heidstra and -- bless you -- I sit up
here and talk for long periods of time. I definitely try not to but I
make some mistakes. I said on the 17th, I mentioned the name Heidstra
and it was actually Dr. Huizenga. Robert Heidstra is the witness who
heard the hey, hey, and hey and the clanging of the gate at 10:40,
10:40 at night. That's when he heard hey, hey, hey, and that's when
he heard the clanging of the gate.
And he says, and he will testify here. He's very, clear on it, that he
saw a sports utility vehicle. He saw a sports utility vehicle about
10:45, 10 minutes before Mr. Simpson is seen outside his home by Allan
He sees him standing about right here at 10:45 and he sees a sports
utility vehicle and a couple of other cars (Indicating to diagram
labeled map of Bundy area). And they go. It's kind of an easterly
direction and down south towards Wilshire. Mr. Simpson's home, if you
are in a hurry to get back and Mr. Simpson knew that he was being
picked up by a limousine driver on June 12, 1994, the quickest way to
get to Mr. Simpson's house is to go up toward San Vincente, take it
over to Cliffwood or Rockingham or Bristol and go up. You're going,
in exactly the opposite direction if you go south on Bundy.
And that's -- Mr. Petrocelli didn't quite mention that the car comes
and turns this way and goes away from Mr. Simpson's estate.
And not towards it. Now, the chronology and the time relative to the
finding of the dog, I agree with Mr. Petrocelli, I think the evidence
will indicate that Steve Schwab, about 11 o'clock, finds the Akita
with blood on its paws, meaning the murders have to take place
somewhere in the neighborhood of 10:45 to 11 o'clock in that range,
perhaps. But if he finds the dog at 11 o'clock with blood on his
paws, we can assume that the murders have taken place.
Then, the dog is transferred to Sukru Boztepe and his wife at
approximately midnight, 12:10. They are walking the dog back. They
look up Bundy, there's a street light. There is a river of blood
going down the walk to the sidewalk adjoining her house on Bundy.
And ladies and gentlemen, at that time, the police are called and at
that time, the police get into the events of June 12, 1994.
Now, I want to go back for a moment, by the way, the car that Ron
Goldman parked was down here that night of June 12, when he could have
parked up here. And that's a few houses. That's not to scale.
I want to talk a little bit about something that obviously has some
sensitivity to it, but we've got to talk about it because it's the
evidence, and that is the actual murders themselves and the evidence
created by the murders.
At 875 south Bundy, you go up a walkway from the sidewalk. It's 18
feet, nine and a half inches to the steps but very -- and could you
put that up Phil -- Very near the steps (Indicating to view.)
It's a gate. And these are descriptions of where the bodies were
These, and it's hard, it's difficult to see, are steps. The back of
Nicole's buttocks is basically very close to the first step. The
body, her body, the buttock on the body.
This gate, as you can see, the dotted lines arcs out and opens. It is
a gate, ladies and gentlemen, that you can open from a buzzer inside.
I believe the evidence will indicate that after the earthquake in
January of '94, sometimes it didn't work. You'd have to come out and
open it. In any event, you've heard Mr. Petrocelli indicate to you
that Mr. Goldman was attacked, basically, after Nicole Brown Simpson
The evidence in this case, the physical evidence in this case --
MR. PETROCELLI: Your Honor, I'm going to object because he misstated
my statements. I never made those statements about sequence of
deaths. Move that it be -- I object to it.
THE COURT: If that's not what you said, then sustained.
MR. PETROCELLI: Thank you.
MR. BAKER: I think it is. In any event, I'll move on.
What had to have happened, ladies and gentlemen, and we know from the
physical evidence what had to have happened, is that Ron Goldman was
inside the gate. He was inside the gated area. This is only a couple
feet. Inside the gated area when the attackers, and I say attackers
MR. PETROCELLI: This is argument, Your Honor, I object.
THE COURT: Sustained.
MR. PETROCELLI: No witnesses.
MR. BAKER: He was -- I apologize. He was inside the gate and blood
transferred from Nicole, there was blood 14 separate stains on
Nicole's clothes consistent with Ron's -- With Ron Goldman's blood.
And I believe three stains on his clothing consistent with Nicole
Brown Simpson's blood. Which means they had to have interacted.
In fact, ladies and gentlemen, right about where this 8 appears,
that's where the envelope containing the glasses of Judy Brown was
Now, the evidence will suggest, indicates it's between the two and
there is also, these are is a metal fence and it has rungs about four
and a quarter inches a part. There is blood evidence all along these
rungs. There's a hole right where the 14 appears.
There is blood all along this area. There is a beeper outside on the
other side of this fence area. The cap and glove, interestingly
enough, there's a little bush right here. They're like, they're
placed right next to each other, right by his feet. There's also some
keys underneath here.
Ladies and gentlemen, there was a horrible struggle that took place
within this very closed in area. And it took place, you will hear the
testimony, for ten to 15 minutes. And there were 30 knife wounds in
Ron Goldman. He tried valiantly to stay alive. And he had knife
wound on his hands, his arms, he had knife wounds into his abdomen.
He had two knife wounds into his chest and thorax.
He was -- did not, like any of us, want to die. He struggled. You
will hear that there, and see that there was blood down his front of
his pants from the wounds in his chest. Meaning that he had been
upright after the knife fight ensued. They were over here. There is
a puddle of blood indicating that he was upright over there. There
is, ladies and gentlemen, a cut fresh cut on the boot that Ron Goldman
was wearing, I believe on his left boot consistent with trying to kick
at the attacker.
And as far as Nicole Brown Simpson, as Mr. Petrocelli indicated to you
yesterday, she had her throat slit and her carotid arteries were
It's very close anatomically to the heart. It produced blood that
gushes. There was blood every where. You will hear evidence that the
attacker had to be covered in blood.
Now, the attackers, this is double murder, this heinous act took
between 10 and 15 minutes and then there is bloody footprints at the
scene and there's these Bruno Magli shoes, and I'm going to talk about
those Bruno Magli shoes in some detail. But first you want to switch
that off, please?
Let me talk to you at 12:20 is when Officer Riske, I believe, arrived
and about 10 minutes later. Sergeant Martin Coon arrived to secure the
I want to talk to you a little bit about what the evidence will be in
the fundamental steps to investigate a crime scene.
The first thing you have to do is to recognize what is evidence. Then
you have to proceed to collect and document that evidence. The third
process is the preservation of the evidence, and the fourth is the
interpretation or analysis.
Those steps, especially the steps of recognition are vitally important
to any crime scene, in any crime for two very, very significant
reasons. One, is if you don't recognize the evidence and preserve the
evidence, you can jeopardize a prosecution 'cause it's never
collected. Those mistakes at the beginning of the investigation of a
crime scene are irreversible. They're irremedial, you can't go back
and undo it. So that it has two specific things that you need to have
the able to recognize, collect and preserve, analyze and interpret
One, to prosecute somebody who's guilty and two, to ensure that you do
not deny a suspect's elimination as the perpetrator of a crime.
And in this case, you will see that at 12:20 Sergeant Martin couldn't
come to put the yellow tape on the crime scene and he yellow taped the
crime scene. He didn't yellow tape it 60 feet south where the Akita
dog prints went towards Dorothy, where Robert Heidstra saw the sports
That was never cordoned off. People tracked over that, walked over
it. There were looky-looks and police officers all over that area.
You will hear testimony that -- well, you've heard Mr. Petrocelli
indicate to you that there was nothing amiss in the house. The
evidence you'll hear is we'll never know because the LAPD used the
inside of Nicole condominium as their command post. They did not
analyze it for evidence.
In fact, Officer Riske went into the condominium after he had first
gotten on the scene, picked up the telephone and called the west LA
police department, thereby eliminating the last number on the phone so
we couldn't determine who was the last person that was called.
There were candles, you've heard about these candles which are burning
upstairs in the tub, around the tub of Nicole Brown in her bathroom.
Those candles are blocks. You can blow them out, find the actual
candle, relight it and see how long it takes to get there. You know
how long she was alive at least, estimate. That was never done. There
was melted ice cream on a rail that was ignored.
One of the fundamental elements in recognition in of evidence, to
establish the time of death you have to know last when the person was
alive. And that was done improperly by the police department and I do
not, for a moment want you to believe that we're saying that they did
so intentionally. We are not alleging that. We are not asserting
Then, ladies and gentlemen, let me jump to around 2:10 when Detective
Fuhrman and Ron Phillips arrived at the crime scene. They analyzed
the crime scene. They walk around and survey the crime scene.
Detective Fuhrman makes notes inside the house, sits down, writes some
There was, according to Officer Riske's testimony at the preliminary
hearing in this manner, a concentrated effort to keep the police
officers out of the area of the closed-in area. And away from the
bodies and the evidence that was there so as to not to contaminate the
crime scene. And you will see from the photos, you can't see the
glove unless you get down and look. It's under a leafy plant that
kind of arcs over.
And you will here, ladies and gentlemen, that after about 2:30 in the
morning, Fuhrman and Phillips are notified that the control of this
case is being transferred from the west LA division of LAPD downtown
to robbery homicide division, RHD. You'll know about it. You'll know
the initials well before we finish.
And so at that point in time, the authority for control over that
crime scene left Detective Fuhrman and it left Detective Phillips and
you will hear testimony, I anticipate, that at that time, point in
time, that is when Vannatter and Lange were taking over the crime
scene, that the other detectives quit detecting.
That they didn't make any further efforts. Now, in our timeline, as
we go along, the next significant event and we will in meticulous
detail, fill in for you during the trial, what we believe Mr. Fuhrman
was doing between 2:30 and 4 o'clock in the morning. But for now, let
me suggest to you at 3:25 in the morning, Rolf Rokahr arrives at the
crime scene and he is an LAPD photographer and he took hundreds of
And one of the photos he takes is most interesting because it's Mark
Fuhrman pointing down, pointing towards the glove.
Now, Mark Fuhrman, at that time, does not know allegedly of any glove
over at Rockingham. There is no other piece of evidence with the
detective pointing at it on a picture taken anywhere. And then,
ladies and gentlemen, you will hear that at 4 o'clock, Detectives
Vannatter comes to the crime scene, 4:05, I think is possibly when he
gets to the crime scene, 4:25 language gets there. And Fuhrman kind
of takes them around the crime scene and he is then asked to lead
Vannatter and Lange to Mr. Simpson's house.
Now, the reason given, well, let me go back, I apologize. By now,
we're at 5 o'clock in the morning there's 23 LAPD officers at the
The people in charge are Vannatter and Lange. They're in charge.
They're the detectives in charge from RHD of that crime scene. They,
with the two detectives who were in charge of that crime scene, leave
23 detectives at 875 south Bundy with two dead human beings, a glove,
cap, blood every where and drive in two cars to 360 north Rockingham.
And the reason they say they do this is because Commander Bushy of
west L.A.P.D. had told Ron Phillips to give Mr. Simpson personal
notification of the death of his former wife. They didn't know if Mr.
Simpson was there. They didn't know.
MR. PETROCELLI: This is argument, Your Honor.
THE COURT: Sustained.
MR. BAKER: The evidence will show they had no idea if Mr. Simpson was
home. The evidence will show that these four detectives went over to
Mr. Simpson's house to further an investigate Mr. Simpson, who was
then a suspect. The evidence will show that they abandoned the crime
scene at 875 south Bundy and went to Rockingham. Ladies and
gentlemen, at approximately 5:05 the morning of the 13th, they have
arrived at Mr. Simpson's estate and they ring the intercom and no one
answers. (Indicating to drawing labeled Rockingham avenue).
Because Mr. Simpson is in Chicago, his housekeeper Gigi had called him
earlier in the evening. She usually comes back on Sunday nights. She
called earlier in the evening. She was at Knotts Berry Farm. It was
Phillipino new year and she wanted to know if she could stay out.
And, of course, O.J. said sure. No one's home.
Now, at this point in time, the evidence will indicate that Mr.
Fuhrman leaves the rest of the detectives and he goes and finds what
he believes is the Bronco askew.
Phil, you want to put the Bronco up again? (Photo is displayed). You
want to back it up a little so we can see the angle?
MR. BAKER: Thank you. He says that's askew and that was his first
indication that something may be wrong. He then says that he finds a
MR. PETROCELLI: Your Honor this is outside of the scope of the court
MR. BAKER: I'll withdraw it. It is then reported to Vannatter and
Lange that Fuhrman, all by himself, discovers a blood spot above the
left door handle.
Will you put that up please?
Now, mind you, it is dark. There is the door handle. (Indicating to
photograph displayed). There is the blood spot that he says is a
blood spot. It's one quarter of an inch and I guess one 16 of an inch
wide. The LAPD never even does a presumptive test. To this day, we
don't know if that was blood or not.
Now, you've heard from Mr. Petrocelli that that was discovered by
Fuhrman and seen by the other, three detectives, three blood spots on
the door seal.
Ladies and gentlemen, the testimony will be that there were no other
blood spots available. In fact, the car was locked as has been
testified to because you couldn't see any other blood spots unless you
unlocked the door of the vehicle.
MR. PETROCELLI: All argument, Your Honor. All argue -- oral
THE COURT: Sustained.
MR. BAKER: The evidence will be that not one of the three other
detectives will testify that they saw any blood spots on the door seal
because they couldn't see him with the door closed. Let me -- it's
outside of the court's order. THE COURT: What, which order?
MR. PETROCELLI: The order regarding planting of evidence. This is
specifically outside the court's order.
THE COURT: I'll see counsel at bench with the reporter.
(The following proceedings were held at the bench:)
MR. PETROCELLI: This is -- this is the Bronco collected on the 13th
and he's arguing that these spots outside are planted and that
MR. BAKER: I'm not.
THE COURT: I don't hear him saying they were planted You're the one
that's saying they're planted.
MR. PETROCELLI: Your Honor the only purpose of this whole discussion
was that the blood was planted. He said one officer saw the blood, the
other officer didn't see the blood. What's the relevance of the
statement that three officers didn't see any blood?
THE COURT: If three officers get up and testify they didn't see any
blood, that's what they're going to testify.
MR. PETROCELLI: It was brought in.
THE COURT: You make a motion to preclude reference to planting that
order. Now, you bring those things up before the jury yourself. What
are you doing? MR. PETROCELLI: I didn't bring it up. I said outside
the scope of the court's order, Your Honor. I tried. My intention
is not to bring it up. I think it has gone way out of bound.
THE COURT: Excuse me, I don't think Mr. Baker has mentioned planting.
MR. PETROCELLI: That's the only purpose of all this.
THE COURT: How do you know what the purpose of it is other than the
fact that the officer is going to testify that he didn't see any other
MR. PETROCELLI: But that's the purpose of that testimony, Your Honor.
That's my point. Okay. I believe --
THE COURT: We can't change the facts, Mr. Petrocelli, if the officer
testifies he didn't see the blood, he didn't see the blood.
MR. PETROCELLI: For what other purpose can it be offered for?
THE COURT: I don't know. He's entitled to testify to what he saw.
MR. PETROCELLI: We can seek to exclude the testimony on the grounds
it's not relevant to anything.
THE COURT: Excuse me, I said he cannot argue that as a basis for
MR. PETROCELLI: Understand.
THE COURT: That's all.
(The following proceedings were held in open court in the presence of
MR. BAKER: As I was suggesting, ladies and gentlemen, neither
Phillips, Vannatter nor Lange will testify to seeing any blood spots
on a door seal.
And so based upon that piece, if that's all they saw, if they weren't
in the car, based upon that Mr. Vannatter, after conferring with
Detective Fuhrman said, and I want to get this right, we believe that
the Simpson's house may be an extension of the crime scene where
someone could be hurt or killed.
Mark -- Strike that. There is other testimony, there being people
hurt or killed in the house and the testimony will be that based upon
this Mark Fuhrman goes over the wall into Mr. Simpson's estate. He
then opens the gate on Ashford and let's the other three officers in.
You will hear testimony from Philip Vannatter that at this time we're
about 5:45 in the morning. He said, he said O.J. Simpson was no more
a suspect than you are, Mr. Shapiro. And Bob Shapiro was Mr.
Simpson's criminal lawyer in the preliminary hearing. And the
testimony, and what you will here is that Mr. Simpson was a suspect.
He was the only suspect and they went in.
They went to his front door. They rang his door bell and of course,
nobody's home. Mr. Simpson's on a plane to Chicago. His housekeeper
has the night off.
So they -- Phil, have you got that other one? The one the diagram of
the house showing the floor of it? (Counsel displays photo).
THE COURT: What' this stuff?
MR. P. BAKER: Those are the two photos.
MR. BAKER: Okay. I'm sorry. Thanks. They come in the driveway, go
to the front door. When they find that no one answers the front door,
they go around and there is a walkway that goes all the way around,
patio area, concrete area and down here is this, is the office. This
is Mr. Kaelin's room back here.
They go down there and they knock on Kato Kaelin's door. He comes to
the door and he disheveled. It's early in the morning and Mr. Kaelin
isn't an early riser apparently and they introduce themselves as
police officers and he says, what's wrong. Has O.J.'s plane gone
down? They knew instantly that O.J. Simpson was on an airplane and
they questioned him more and they knew he was going to Chicago and
they knew he was on a scheduled flight.
The reason that's important is because Phil Vannatter subsequently
puts in a request for a search warrant that Mr. Simpson had left down
an on an unscheduled flight to Chicago an absolute untruth.
MR. PETROCELLI: Argument, Your Honor. Move to strike.
THE COURT: Overruled.
MR. BAKER: Then what occurs is Mark Fuhrman starts interrogating Kato
Kaelin and he asked to look at his clothes. He asked to look at his
shoes and he gives him a stigmas test which is putting lights in the
eye to see if Kato Kaelin has been using drugs. The other three
detectives, after they learn that Arnelle Simpson is in the adjacent
room down the house.
They leave Fuhrman with Kato Kaelin and you'll hear testimony from Mr.
Kaelin's, he then interrogated more by Fuhrman. Fuhrman goes into the
bathroom in the place, looks all around and he hears about the three
thumps that have become well known.
Now, about this time Arnelle and the other three detectives are coming
back towards the house and Arnelle does not know where her father is.
Knows he's gone out of town, but doesn't know the particular
whereabouts that he's taking in Chicago. And they go in the house to
find Cathy Randa, his assistant, who knows his whereabouts and keeps
his schedule and his itinerary when he travels and they go in there
and then another interesting thing happens.
Mark Fuhrman, who's been interrogating Kato Kaelin doesn't interrogate
him any more. He has Phil Vannatter interrogate Kato Kaelin and he
leaves and goes out to search the premise.
To find out where these thumps came from. Now, mind you, this person,
along with Mr. Vannatter, felt there was an emergency and people could
be killed, dying inside, bleeding to death. It was an emergency. He
goes out by himself. There is nobody that can vouch for where he was.
Wherever he goes, we know that he doesn't draw his gun. He doesn't
ask for a back up. He goes all by himself.
And 15 minutes later, he comes back and he reports finding a bloody
glove in a two foot wide concrete walkway basically where Kato Kaelin
said he heard the thumps.
Is this a good place, Your Honor.
THE COURT: Okay. Ten minutes recess, ladies and gentlemen.
(Jurors resume their respective seats.)
MR. BAKER: Thank you, sir.
At 6:30 in the morning, it is reported to Detective Vannatter that
Mark Fuhrman has found a glove on the south side of Mr. Simpson's
home. Each detective individually walks out and looks at that glove.
That glove is tacky; it is moist; and it is described as such.
The evidence will show, ladies and gentlemen, that if that glove had
been dropped there at 11 o'clock the night preceding, it would have
been dry by 2 o'clock in the morning.
The evidence will show, ladies and gentlemen, that there was
absolutely not a blood drop around that glove. There was no blood
drop around it at all.
The evidence will be, that indicates it was placed there.
The evidence will be, relative to that glove, that there was no insect
activity or leaves or anything else on it.
That would have been on it, had that glove been placed there or
dropped there the evening preceding at 10:30. The evidence at the
laboratory, subsequently I will deal with in a moment.
What next occurs is that Detective Vannatter sends Detective Fuhrman
back to Bundy to see if there's a match. And you'll see the picture
with Detective Fuhrman that was taken out hours before at Bundy, with
his hand two or three inches from the glove. He didn't -- there was
no real issue of match when Detective Fuhrman left Rockingham, went
back to Bundy, and then came back to Rockingham to report that the
gloves were, in fact, a match.
And then, ladies and gentlemen, we're now at about 7 o'clock in the
morning. The evidence will be, seven hours after they have discovered
all of this evidence at 875 South Bundy, there has been no criminalist
there, that's the real detectives that gather the evidence.
There has been no real detective on the scene because they've all been
at Rockingham, and that evidence has been uncollected. In fact, the
criminalists don't go to Bundy; they go to Rockingham at 7 o'clock in
the morning. About 7:10 they arrive there.
There hasn't been a coroner. The coroner's been called, canceled, and
the coroner is called again at 8:00. And the coroner gets to Bundy at
9 o'clock. That's nine hours after they were notified of the deaths.
And the criminalists gather some blood evidence at Bundy. And you'll
hear all that blood evidence is consistent with the small cut that Mr.
Simpson endured the previous night that he told LAPD about on the
13th, before he knew what was at his house.
They gathered some blood. They went back over to Bundy -- not back
over; I apologize. They went to Bundy for the first time ten hours
after they'd been notified of those crimes.
You will hear from experts that know crime investigation, obviously a
lot better than I do, that one of the things you don't do is, you
don't send a criminalist from one crime scene to the other, because
you risk contamination.
You will hear that not only did the criminalist go back from one crime
scene to the next, but the detectives obviously -- Vannatter, Lange,
Phillips, Fuhrman -- there's Gonzalez -- he was at both places. He
was back and forth. And you risk, obviously, contaminating the crime
scene from one to the other. And so at 10 o'clock, or shortly
thereafter, Dennis Fung and Andrea Mazzola, the two criminalists at
875 South Bundy, to collect evidence.
This is a scene that was described by the people who discovered the
body of Nicole Brown Simpson as being a river of blood. There was an
immense amount. You, unfortunately, will have to look at those
pictures, but it's part of the evidence. And we don't want to put you
through it, but we have to.
In any event, what occurs then is, this collection of evidence takes
Phil, can you pull up the 875.
This small area is where the murders occurred. This is all dirt and
plants. This is tile that is grouted, and you will see it in the
pictures. It's outdoor tile, kind of -- I think the tiles are eleven
and a half inches wide -- square. And the two criminalists who are on
this crime scene for a total period of five hours before they release
this crime scene, they released this crime scene before they released
Mr. Simpson's house.
In the area where Mr. Goldman fought valiantly for his life, there are
all sorts of blood stains, blood drops, blood spatter, and blood-smear
evidence. The LAPD criminalists collected none, not any of it.
MR. PETROCELLI: Objection. Outside the scope of Order No. 11,
specifically September 17.
MR. BAKER: I think that was technique, not absence of.
THE COURT: Overruled.
MR. BAKER: Thank you.
Now, they collected some blood that were drops in the area. They
found, ladies and gentlemen, not one drop, not one specimen of blood
consistent with O.J. Simpson. Not one.
They found up in an area above the steps, a drop of blood of Mr.
Simpson that had 33 nanograms of DNA. I'll try to explain a little
bit about DNA.
Let me suggest to that you DNA degrades over a period of time, that
the average amount of DNA in a fresh drop of blood is between one
thousand -- pardon me -- 1,500 and 2,000 nanograms.
The drops of blood that they collected that they say had Mr. Simpson's
DNA in it that went along this walkway which were not to the left of
the bloody shoe prints, only one contained from 33 nanograms of DNA.
Keep in mind the reference is 1,500 to 2,000 to 1.8 nanograms of DNA.
If Mr. Simpson had never been at this house again, the evidence will
be the fact that his DNA, even though it was of a minute quantity,
would be of significance.
It is not of significance, the evidence will show, because that's a
place where he was. He was there with his kids; he was there with the
dog; he picked up the dog; he took his kids places; he was in and out
of there all the time.
The evidence will be, ladies and gentlemen, that the LAPD tampered
with the evidence at the crime scene. And there was, as I told you,
an envelope with the glasses of Judy Brown. You will see pictures.
They moved it.
Now, there isn't going to be any evidence of why no one will come
forward and tell you that they, in fact, moved it, and they had a
reason. But one of the cardinal rules is, you'll hear from experts
and criminologists, you recognize the evidence; you document and
collect the evidence, and then you remove it. That's the collection
process after you recognized, but you don't move it.
The evidence will show that the glove, the Bundy glove that was
underneath this little plant-like thing, that was tampered with.
Totally turned around and moved. And we see that in pictures.
The evidence will show that there were blood drops. Nicole had a
dress on, a black dress on, that was kind of backless down a couple of
feet, and she was in -- her body was in a fetal position, kind of, but
with her back kind of in, to where you could look down and see her
back if you looked straight down.
There were blood drops, significant blood drops on the back of Nicole
Brown Simpson. The significance of that, ladies and gentlemen, is
they could not have been hers. They could have been the perpetrator
of these crimes.
LAPD never collected them. They were washed off by the coroner.
The evidence will indicate to you that they failed to collect blood on
the back gate.
Now, I want to just be brief. I want to try to finish, and I know
you've heard me a long time, and I again apologize.
The detectives, criminalists go to the scene. They go all the way
through this walkway. It goes all the way back to the alleyway. This
is an alley. Okay.
This walkway goes along the side of the house, goes all the way to the
back. There's a locked back gate. And the garages, as you might
guess, or might anticipate, are in the back.
For example, two of the blood drops -- they collected a total of five
blood drops down that walkway. Five blood drops.
They -- from the back gate, there is a photograph, and item No. 117 --
you'll hear a lot about that before this is over -- item 117 was not
there. Item 117 was not on the back gate July 3, 1994. Three weeks
after the crimes occurred, that blood drop was collected. And
interestingly enough, that blood drop had more DNA in it, five times
more DNA in it, than any other blood drop they had collected.
Now, if in fact they were all dropped at the same time, the night of
the murders, they would all have been within ranges of the same amount
Then, ladies and gentlemen, the evidence relative to the gathering of
all of the items that were in the area. The envelope, as I say, was
moved. The envelope had glasses in it. The envelope was never dusted
for prints, to this day. They never took any fingerprints off of it,
the glasses inside. And glass is a very good source to get latent
fingerprints. It was never dusted for fingerprints, ever.
In fact, ladies and gentlemen, I want to talk to you a little bit
about the glasses, because as I mentioned a little earlier, Mr.
Simpson, through his attorneys, offered the services of some forensic
scientists, including Michael Baden and Barbara Wolf. It was refused.
He offered to take a polygraph. It was refused.
On the day of June 22, I believe, Mr. Baden, Dr. Baden, Dr. Wolf are
examining evidence. They open the envelope and they see the glasses,
and there are two lenses in the glasses. You'd anticipate that.
By February, I believe 18 -- and I may be wrong on that -- of 1995,
Judge Ito orders those glasses to be inspected and the evidence to be
inspected by Dr. Henry Lee.
There's one lens. Nobody knows where the other lens went. All we
know is, we don't have any fingerprints, and there were no prints
taken from it. And we don't know where it was removed, we don't know
who removed it, and nobody will testify in this case why it's missing.
There was a triangular piece of paper that is photographed very close
to the envelope. It has blood-pattern evidence on it. And you can
see it from the photographs, blood-pattern evidence by the people that
know far more than I is significant, because you can tell movement and
you can type it. Of course, you can determine whether or not it is
the perpetrator's blood. You can do a lot of investigation and
testing. That triangular piece of paper may have had significant
evidence on the other side.
Nobody ever saw it again. It's just totally missing.
There was in this area a menu from a take-out restaurant to see if
they can call the restaurant missing, never processed by LAPD.
The evidence, ladies and gentlemen, will indicate that there were,
besides the tampering and moving of pieces of evidence, a failure to
collect evidence at the scene that could have exculpated my client.
Now, I want to talk a little bit about Dennis Fung and Andrea Mazzola.
Now, my recollection is that Andrea Mazzola had never collected blood
before, and this was the third crime scene that she's ever processed.
And the paperwork of the LAPD indicated that she was in charge.
In any event, these people, after they've spent three hours at Mr.
Simpson's place, and then there are five hours at the Bundy residence,
go back to Mr. Simpson's to take a -- to do more collection of
Now, mind you that they had been there from 7:00 to 10:00. At 4:30 in
the afternoon, Dennis Fung recovers the socks on a throw rug that is
directly adjacent to Mr. Simpson's -- it's right at the foot of his
bed, if you will. The whole bedroom is carpeted, basically, a white
carpet. There is a throw rug right at the foot of the bed: The
socks, two socks, sitting there on this throw rug.
Now, those socks, ladies and gentlemen, when Willie Ford, who was a
videographer for the LAPD -- now mind you, they did not videotape the
875 South Bundy crime scene; they videotaped the interior of Mr.
Simpson's house. And the given reason for that was because in case
they broke something, they wanted to have a videotape of it.
In any event, Mr. Ford testified that when he videotaped, will testify
when he videotaped Mr. Simpson's room at 4:30, those socks weren't
there at 4:30.
Dennis Fung says he found the socks. Mind you, Mr. Fung and Ms.
Mazzola were there for three hours that morning.
Now, the evidence will indicate that those socks were then booked into
evidence, with no blood detected on those socks.
On again that June 22 date, I believe it is when Mr. -- Dr. Baden and
Dr. Wolf examined some evidence. They were retained by Mr. Simpson.
They looked at the socks. No blood.
When there was a meeting -- I believe it was June 29, 1994 -- I think
there were three criminalists there. I believe, if memory serves, it
was Colin Yamauchi, it was Michele Kestler, who is the head of the
LAPD crime lab, and Greg Matheson. They inspected the socks, among
other items of evidence, to see what tests were going to be run on
And they indicate on the form, no blood detected.
And then, ladies and gentlemen, the date, I believe, if I'm not
mistaken, is August 4, 1994, and there are copious amounts of blood on
the socks, readily visible.
At that time, the defense of Mr. Simpson raised the issue of planting.
And at that time, ladies and gentlemen, the LA District Attorney's
office indicated they were going to send these socks to the FBI to see
if EDTA was on them. And the reason was, because if that was blood
from the missing CC and a half of Mr. Simpson's blood from the vial
taken by Spano Peratis, it should have EDTA in it.
And I want to go back for just a moment before I revisit the socks
issue, and tell you about the blood vial that was taken out of Mr.
Simpson's arm on June 13 at 2:30 in the afternoon.
That was a purple-top vial with EDTA in it, as Mr. Petrocelli
explained to you. That's the anti-clotting chemical that's put in the
tubes because when our blood gets to oxygen, it clots, it coagulates.
That's how we heal, mend ourselves. And obviously, for testing
purposes, as he said, you have the EDTA to keep the blood viscous and
So when Vannatter gets -- when the blood sample is taken from Mr.
Simpson, the 8 cc's of blood, Mr. Vannatter asked to take custody of
And he's given custody of that vial, which is unsealed. We will prove
to you that that vial was unsealed.
Mr. Vannatter has been an LAPD detective for years. He knows the
regulations. Evidence is to be booked as soon as possible. He was in
the building, where he could book the evidence, Parker Center, Los
Angeles Police Department, downtown Los Angeles. He did not. He
could have gone a mile away to Piper Tech, which is what I think is
kind of an ugly brick building over the freeway. The helicopters you
always see on it. He could have booked it there. Detective Vannatter
didn't. He left -- he says he put this unsealed vial of Mr. Simpson's
reference blood in his pocket, went upstairs to chat with Lange and
have a cup of coffee, and then drive out to Rockingham to give this
vial of blood of Mr. Simpson's -- to Dennis Fung.
The evidence will be that he didn't know if Dennis Fung was at
Rockingham. He didn't know if he completed his investigation. He
But he said he wanted to give this important piece of evidence to Mr.
Fung so that he could book it into evidence.
And you will hear testimony, ladies and gentlemen, that he takes this
vial of blood, he then gives this vial of blood to Dennis Fung, and he
does it in the presence of Andrea Mazzola. And her testimony is, I
didn't see it; I closed my eyes.
The vial of blood is put in a trash bag, put in the evidence van, and
left there, ultimately taken downtown, left out on a table in an
unlocked room, the same room where all of the blood that had been
checked from Bundy and Rockingham was.
And the evidence will be that there was, after the next day, on the
14th, after Colin Yamauchi commenced his work on this blood, he spills
some. And then he started to process it. There was 1.5 cc's missing,
between 45,000 and 60,000 nanograms of DNA unaccounted for.
And the evidence, ladies and gentlemen, is that on the 13th, after Mr.
Fung and Ms. Mazzola had a very long day, they came back to LAPD Crime
Lab to put swatches into drying tubes. And let me explain that just
briefly, if I may.
When you collect a dried sample of blood, you take -- it's like a
cotton swatch, and you dampen it and you put it over the -- you attach
it to the blood stain or drop or whatever. And it soaks, does
whatever capillary action, whatever, and the blood goes into the
The swatch is then placed in a plastic bag. And if proper techniques
are done, it is then immediately taken to an area where the
temperature is low, not high, because DNA degrades in high
temperatures, and then it is processed. That is, it is dried. The
swatches are then dried and then they're processed.
The evidence will be that what happened to the blood swatches that
Andrea Mazzola and Mr. Fung went -- took back to the LAPD Crime Lab
was, once they got back there, they did exactly what they were
supposed to do: They took the swatches and they put them in a drying
tube for overnight drying, so they'd be drying.
On the 14th, the morning of the 14th, they -- those swatches were
taken out of the drying tube, and they're put in bindles -- they call
them bindles. It's just like a piece of paper folded up. And the
swatches soak that.
Andrea Mazzola testified that every time she puts a swatch -- and she
did it with Dennis Fung, so I don't want to mislead you -- every time
that she puts a swatch into a bindle, she puts her initials on it.
And then, of course, when the defense gets to investigate, to see the
evidence pursuant to a court order in the criminal case, there is not
one bindle that has an initial of Andrea Mazzola.
And more importantly, when the swatches are ultimately transferred to
the Department of Justice, there was a wet transfer. That means that
after these swatches were dried, somebody substituted wet swatches
that hadn't dried, for the dry swatches that were in those bindles,
and sent it to be tested.
That is corruption of evidence.
The evidence will be, ladies and gentlemen, that the day of the 14th,
Colin Yamauchi is processing O.J. Simpson's reference blood. Now, you
will hear from experts that you don't process reference blood first,
you process reference blood last.
And the reason you do that is because reference blood taken out of Mr.
Simpson's arm is so rich in DNA, that if it spills, it can contaminate
everything and ruin all of the evidence that you have there.
And so on the 14th, Colin Yamauchi takes the top off of the vial of
Mr. Simpson's blood and spills it. And spills it on his hand, on a
Chem Wipe. And you will hear that that spill can contaminate every
piece of evidence in this case. It is because they process the
evidence in the same place, in the same location.
And, ladies and gentlemen, I want to get through this. And I know you
want that to occur, as well.
After Colin Yamauchi had processed this blood, it was then shipped to
laboratories with proper procedures.
And I'm not here to criticize LAPD, but I've got to tell you, they
don't have any procedural manual. They've had one in a draft form for
years before they tried the Simpson criminal matter. They just don't
Colin Yamauchi is a nice man. He doesn't try to do poorly; he just
did, the evidence will be.
Ladies and gentlemen, I want to talk a little bit about DNA. I want
to tell you what DNA is and what it isn't, to my knowledge, and then I
want to talk about the Bruno Magli shoes and a time line, and I want
to sit down.
Quit smiling out there. (Indicating to the audience.)
In any event, DNA, as it's used in criminal detective work, is not the
same substance, but the test and what is done are not the same as, for
example, DNA for organ transplant.
It is a relatively new type of testing within the last ten years. We
are at the infancy level of DNA testing, in using tests that are now
viable, to help solve crimes.
They will be far better ten years from now, but let me tell you what
we have now and had in 1994, as I understand it.
Mr. Blasier will tell you during the trial and explain it to you. And
you've got to stay with him; it's very important. But what you have
is, you have a double helix, as I understand it. And if you unwind
this double helix, you have this in each cell that we have. As a
human being, you have things that if you put them under a microscope,
look like ladders. And there are in each cell, 3 billion of these
rungs to these ladders.
And what you do in the testing that we have now is, you look at most
of these 3 billion, somewhere in the neighborhood of 250,000, and you
take them down the ladder in different sections, one from the male and
one from the female who produced the human being that you're testing.
And if one molecule is different, it's a different human being. So it
is not, the evidence will be, a test of uniqueness at all; it is a
test of exclusion. And by that, I mean it can exclude somebody, but
it is not like a dermal fingerprint which you and I have that's
Which reminds me of one thing. And I want to go back. And I
apologize greatly, but it's important.
LAPD did find prints at the crime scene on Bundy. They were unable to
identify nine identifiable fingerprints. They weren't O.J. Simpson's.
Now, those are unique. And what that uniqueness or individualization
means is, that if I put my finger here and they take a print, it means
I've been there, because nobody else has got my print. And that's what
law enforcement and crime-solving attempts to do, so no insignificant
pattern is too individualized.
Some things, like hair and fiber, are class definitions. And Mr.
Petrocelli used the word "match." He used it for hair and fiber; he
used it for blood; he used it in each of those instances.
And again, I think Mr. Blasier will talk to you about this with far
more intelligence than I have.
The word "match" is a form of art. For example, you cannot tell if
your own head hairs will have similarities, but they don't; they're
not an identical match, and they're not individualizing like a dermal
So I want to get back to DNA for a minute. DNA is not a test of
uniqueness, but a test of exclusion.
And if you take -- and let's talk about PCR testing. PCR testing's
greatest advantage is, you can take a speck that you cannot see, and
you can chemically make a jillion more of that speck. It's kind of
like a chemical Xerox machine, if you will.
The problem with it is, that's the advantage. You can take a very
little speck and you can get a DNA readback on it. The problem with
it is exactly the reason that it is an advantage. If you have any
contamination in that speck, what you do is magnify it the same amount
that you magnify the sample that you're trying to test.
And so this case is not about -- the evidence will show it's not about
the fact that we think DNA is a bad test. It's not about the fact
that we don't think DNA reliable. DNA is as reliable as the
gathering, the collection, and the preservation of evidence before you
And every bit of evidence in this case went through LAPD Laboratory.
And you will hear from and expert who was in the LAPD lab who tested
blood-sample items that, unfortunately, the LAPD lab is a cesspool of
And let me explain that to you. Let me tell you, the strongest
evidence that supports exactly what he said -- in PCR testing, I think
it's DQ Alpha -- that there are six alleles. And an allele is a group
of these molecules taken off this ladder, okay? It's a group.
And under this particular type of testing, this PCR DQ Alpha testing,
there are six alleles that are recognized and known in human beings.
They can appear at different parts and whatever. I'll tell you more.
What is important about that is that those six alleles appear in every
piece of evidence, blood evidence tested by the DQ Alpha method.
When they shouldn't appear, they appear. And in the reference blood
-- in the reference blood of O.J. Simpson that was taken on the th, he
has obviously certain alleles in his DNA.
On the 14th, an autopsy was performed on both of the victims. And
reference blood was obtained from their bodies.
Interestingly, that reference blood was given to none other than
Detective Philip Vannatter. You will hear that for the first time in
the history of Gary Siglar's career in the coroner's office, a
detective asked for the reference blood, and he gave it to him.
The alleles that are consistent with Mr. Simpson's blood are in both
the reference blood of Nicole Brown Simpson and Ron Goldman, and they
don't belong there.
In fact, you will hear testimony, and it will even be agreed to by the
expert for the plaintiffs, that the contamination in LAPD, Dr. Bradley
Popovich disagrees with our expert on how it gets there, but they both
agree that the alleles appear that shouldn't appear.
And when you get contamination in a laboratory, you will hear that
what you are supposed to do is to wash down all of the surface areas
with bleach, wash the tools with bleach, change the chemicals.
It never occurs at LAPD. They don't even have a procedure for that.
Another way to eliminate contamination is to have what are known as
substrate controls. And because of the time and my lack of knowledge,
I am not going to go into the substrate controls, except to tell you
that LAPD doesn't use them all the time, so they don't know if they're
contaminated or not.
And that is what the blood evidence is about. You cannot trust -- the
evidence will show you, you cannot trust the blood evidence in this
Now, the evidence I want to just briefly touch upon is some I evidence
in the Bronco.
The Bronco is impounded. There is two drops of blood taken, something
less than that. There is a smear, blood stain that some experts label
as smear on the steering wheel, that's not O.J. Simpson's blood; it's
not Ron Goldman's blood; it's not Nicole Brown Simpson's blood.
Nobody knows whose it is.
Now, there are a couple of small stains, and we will explain those
stains to you in some detail, and why they're not indicative of any
indication of Mr. Simpson's involvement in the crime.
But I want to get to one issue, as we are getting late in the day, and
that is the issue of discovery of new, additional blood evidence in
the Bronco on August 26, 1994. That is over two months from the time
of the murder.
And let me tell you what happened. The Bronco is towed into the
prison yard. They find, basically, Mr. Simpson's blood in the Bronco.
That's not incriminating. Mr. Simpson's in the Bronco all the time.
He said he cut himself and bled the night before.
There is one small portion of blood; it's minute. And you will hear
that it was interpreted to have some alleles of Ron Goldman's blood.
But that study, that test, was invalid.
And hence, they have no evidence of any victim's blood in the Bronco.
August 26, 1994, Michele Kestler, the director of the LAPD Crime Lab,
calls and tells a Time Life photographer that she is going to conduct
an inspection of the Bronco, and she goes down to Viertell's, where
it's in the tow yard. And she, with this made-for-media event, looks
for and finds blood that has never been found before, but that now has
the victim's blood on it. And in the ensuing, that is, the previous
ten or twelve weeks, that Bronco has been without any security
There are two individuals you'll hear testify that they got into the
Bronco by pushing the button and opening the door. One of them stole
the receipt out of the Bronco.
They looked for blood in the Bronco and they found none of the blood
that was on the console that Michele Kestler found on August 26, 1994.
That, ladies and gentlemen, is most. I've gone through virtually all
of the physical evidence in this case. And I want to suggest to you a
couple things. And that is, that we will go through all of the
evidence in some detail. But before I conclude my remarks, I've got
to talk about the Bruno Magli shoes.
Phil, put up that 1075, please.
(Indicating to photograph.)
MR. P. BAKER: It's up.
MR. BAKER: There are footprints. They are of a Bruno Magli size 12
shoe. Mr. Simpson didn't produce any Bruno Magli size 12 shoes when
Mr. Petrocelli asked him to produce the Bruno Magli shoes, because he
doesn't have any and never had any.
The evidence will be, ladies and gentlemen, that after the
investigation of these murders took place, the days after June 12,
1994, there were efforts made, of course, to find a murder weapon and
bloody clothes. The crime scene was bloody. There was obviously a
murder weapon someplace. And there were efforts made for -- extensive
efforts made to find bloody clothes and a murder weapon.
In fact, you'll hear testimony that they enlisted the Boy Scouts.
Every off-duty LAPD detective was enlisted to walk from Bundy to
Rockingham to search in the bushes, to see if they could find any
clothes or knife, whatsoever. In fact, they went in the sewers,
ladies and gentlemen, to look for clothes and a knife.
They enlisted the Chicago Police Department in Chicago to look for
bloody clothes and a bloody knife or any knife.
And of course, they found nothing. They found nothing at all.
They then enlisted, if my memory serves the Interpol, the
International Police, to look for -- find receipt, to find some
evidence, to find something about these Bruno Magli shoes. They
enlisted -- it was everywhere throughout the United States, throughout
the world, a search to find any evidence that tied my client to Bruno
Magli shoes. And none was found.
Now, with the criminal trial, you will hear that a photographer, Harry
Scull, out of Buffalo, New York, produced a photograph that was not
given to any police department; it's not given to any prosecutorial
agency; it's not even given to Mr. Petrocelli. It's given to the
National Enquirer for money.
And you will hear that this photograph is a phony. It isn't real. It
was doctored. And it was doctored sometime -- and there are other
marks on it that are irrefutable. If you know what a contact sheet
is, if you take a 35-millimeter roll of film and take the film out on
a contact sheet, and they're all on the same sheet, this photo is out
of alignment with the others. This photo has a double edge on one
side, indicating that they've duplicated the negative.
This photo has a different color. Now, in part of the photograph,
it's a white shirt that Mr. Simpson has on.
This photograph has a different grain, texture, in parts of the
photograph. This photograph indicates to everyone who's ever looked
at it, that the shoes that Mr. Simpson is wearing are indeed Bruno
Maglis, and they're dry and the weather report in Buffalo is that it
had rained for hours. And these shoes are absolutely dry. It's an as
Astro Turf field. When you walk on Astro Turf after it's wet, you get
all kinds of residue on you. There's no residue.
The photograph is a phony.
Now, I want to try to conclude. It's been a long day for all of us,
my talking to you a little bit about it. And I request your attention
for about 15 more minutes. You've been very kind to me, and I really
At 10:40, Robert Heidstra hears the "Hey, hey, hey."
At 10:55, Alan Park sees O.J. Simpson walking into his house, after
Mr. Simpson has deposited his suit bag and looked into his golf cover
bag for the shoes.
And by the way, he will not say he was hurting. He will not say
anything of the sort.
And where he first sees him is in the way between the driveway and
right here. And you can see that -- I agree with Mr. Petrocelli, that
you're right there, you can see right into that area. You can see Mr.
Simpson walking back into the house. And this was indicating to the
diagram of Rockingham Avenue.
The evidence you'll hear from our experts is that it took, as I
suggested to you earlier, ten to fifteen minutes for these homicides
to take place.
Let's take the shorter period of time. Let's take ten minutes. That
would be 10:50. It takes six minutes -- let's say he sped; he's in a
hurry. Let's say four minutes. That gets him -- if he is gunning his
Bronco, that gets him to the house at 10:54.
The evidence will show that if he was going to try to avoid the
limousine driver that was here, he wouldn't park here he'd parked down
The Bronco is here. He could not have had time, if he had the motive,
which he never did have, to kill two people, drive from 875 South
Bundy to Rockingham, get rid of bloody clothes, get rid of a murder
weapon that's never been found, and be walking back into his house at
10:55. It's not possible.
Ladies and gentlemen, a human body has approximately, give or take,
about two gallons of blood to ten units of blood in them. When you
cut the carotids of a human being, it is awash in blood. When you
stab somebody and are in close to stab somebody 30 times and put up a
fight, you are not only awash in blood, you are hit.
Ron Goldman was a very strong, physical young man. O.J. Simpson does
not have a bruise on his body. Not one. And, ladies and gentlemen,
Mr. Simpson is a man like all men who loves his kids. Mr. Simpson
would not, could not ever kill Nicole and leave her body where his
children would find the horror of her in a pool of blood.
The evidence will be, ladies and gentlemen -- and I am sure that when
you hear all the evidence, we will prove what we've told you today:
That you will conclude that Mr. Simpson was wrongfully accused; that
Mr. Simpson did not, could not kill anyone.
His cuts, his hands, not seeing his demeanor while going to Chicago,
his entire -- what occurred in that period, he doesn't have to account
for this time. He's an adult, a free American.
And, ladies and gentlemen, the evidence in this case is compelling.
You can't trust the blood evidence. And Mr. Simpson will take the
stand and he will be here as long as Mr. Petrocelli wants to examine
him. And if you believe Mr. Simpson, if you believe O.J. Simpson, you
must find him not responsible. Even that, you look at the time line.
Mr. Simpson had no time to commit these crimes whatsoever.
And when this case is all done, and it's all finished, I'm confident
you'll conclude my client is no murderer.
Thank you very much.
THE COURT: Ladies and gentlemen, we'll adjourn until tomorrow, 9
o'clock tomorrow. We'll start at 9:30. Don't talk about the case or
form or express any opinions.
JUROR 205: We have a letter for you.
THE COURT: Counsel?
(The following proceedings were held at the Bench, in the presence of
THE COURT: Juror 205, that's the young girl, the alternate, first
alternate down here. She's a student at one of the colleges, and she
is going to have to extend her leave. She's requested a letter from
the Court, so I drafted a letter to send, okay?
MR. BAKER: Sure.
THE COURT: And the only other thing is, now some of the jurors want
to know if they should go back to work or not during the days that we
are going to be dark, I mean. They've got to live their lives.
MR. BAKER: Got to make money. All I would suggest is that you tell
them, Judge, your employer has no obligation to pay when you're not
THE COURT: I don't think that's the problem. The problem is, they
really don't want to go back. Well, they feel they need to go back to
work, because they're concerned about the questions they're going to
MR. PETROCELLI: I think it's a valid concern.
THE COURT: I'm going to check with our jury people, see what
arrangement I can make that they don't have to go back to work. I'd
just as soon tell them they don't have to go back to work, just
because they would be subjected to obvious pressures. Okay.
MR. BAKER: Thank you.
MR. PETROCELLI: Thank you.
THE COURT: 9 o'clock.
(Proceedings were adjourned until 9:00 A.M., Friday, October 25, 1996.)