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			PARTIAL TRANSCRIPT OF SIMSON CIVIL TRIAL, OCTOBER 24 
			 (REGINA D. CHAVEZ, OFFICIAL REPORTER)
       
17       Opening statements by Mr. Kelly on
18        behalf_of_Plaintiff_Louis_Brown
           ______ __ _________ _____ _____
19
20    MR. KELLY:  Almost three years to the date of
21     the horrific 1989 experience that we talked of
22     yesterday, the New Year's Day morning incident,
23     Nicole, with her children, ups and leaves Mr. Simpson.
24     This is in early January, 1992.  This was done with
25     little notice.  Nicole gets her own house in Brentwood
26     on Gretna Green, and starts a new life for herself.
27  What you will then hear is that
28     Mr. Simpson acted in a most peculiar manner.  You will
 1     hear how even his friends were embarrassed in the way
 2     he conducted himself.
 3  You will hear about Mr. Simpson's
 4     obsessiveness, his pursuit of Nicole, how he's phoning
 5     friends and family constantly, discussing how to get
 6     her back, and all the while, wanting to know her every
 7     move.
 8  Prior to January, 1992, Mr. Simpson would
 9     socialize with the Browns.  And he and Judy Brown, in
10     particular, Nicole's mother, were on friendly terms.
11     And you'll hear there was no real special relationship
12     between them.
13  However, you'll hear that after Nicole
14     left Mr. Simpson in January 1992, the defendant
15     started calling Mrs. Brown every single day.  And many
16     times, she -- he would call her five, six, seven times
17     a day, discussing Nicole, wanting to know why she left
18     him, wanting to know how he could get her back,
19     wanting to know what she was doing on that day, who
20     she was with, where she was,
21  You'll hear testimony that there even
22     were times that Judy Brown would act -- well, she
23     might be in the kitchen cooking dinner or something --
24     she would actually put down the telephone while
25     Mr. Simpson was on the other end, talking about
26     Nicole, and just leave it there for five and ten
27     minutes at a time, and she would pick it up again and
28     Mr. Simpson would still be talking, not knowing that
 1     Judy Brown had even put the phone down.
 2  It shows the extent of his mindset and
 3     obsessiveness with these phone calls.
 4  You'll also hear that there were even
 5     times when Mr. Simpson would pick up the phone and
 6     would call Judy Brown at night and tell her that he
 7     was in his car, parked out in front of Nicole's house
 8     on Gretna Green, just sitting there at night, thinking
 9     about Nicole.
10  After a while, though, you'll hear also
11     that Mr. Simpson worked through this portion of the
12     relationship.
13  Nicole started to date other men.  And in
14     May 1992, Mr. Simpson started dating someone else,
15     Paula Barbieri.  Mr. Simpson's obsessiveness for
16     Nicole waned, the pursuit ceased, and the divorce that
17     was imminent was finalized in October 1992.  They went
18     their own ways for a while, Nicole and Mr. Simpson.
19  Now, as we move into 1993, the
20     relationship took on a different dimension altogether.
21     You will hear that Nicole decided that life as a
22     family for she and her children was more important
23     than anything that may have happened in the past
24     between she and Mr. Simpson.  Nicole now began calling
25     Mr. Simpson, stopping by, sending letters, and even
26     videos of she and the children.
27    And at this point, Mr. Simpson resisted
28     her overtures.  However, over a period of time, to
 1     about May 1993, Mr. Simpson relented, went back to
 2     Nicole, and they started dating again in May 1993.
 3     Although Nicole continued to live separately at her
 4     house at Gretna Green with the children, they started
 5     to do more as a family again.
 6  And there's a period of time here for
 7     about six months or so that things were status quo
 8     between the two of them; they were acting as a family;
 9     they were dating a couple times a week.
10  And then things turned ugly again.  And
11     you're going to hear what happened on October 25,
12     1993.
13  Mr. Simpson was over at Nicole's place on
14     Gretna Green, and the subject of a former boyfriend of
15     Nicole's came up.  And just like in 1989, Mr. Simpson
16     went into an uncontrollable rage.  When this first
17     happened, Mr. Simpson went home and he called Nicole,
18     and the argument that had started her house continued
19     over the phone.  And Nicole hung up the phone.  The
20     calls kept coming, so what she did was, she left the
21     phone off the hook.
22  Mr. Simpson was being ignored by Nicole.
23  What he did was, he got into his car and
24     he drove over to Gretna Green.  At that time, Nicole
25     was frightened, scared, panicked, and immediately
26     called 911 when she heard Mr. Simpson pull up to the
27     house.
28  You people have the opportunity
 1     yourselves to hear Nicole and to hear Mr. Simpson on
 2     this night when he arrived over at Gretna Green.
 3     You'll hear the dark side of Mr. Simpson, the
 4     irrepressible anger that he exhibited at this time.
 5     And just like in 1989, you will hear also his total
 6     disregard for law enforcement when they showed up
 7     there.  You will hear his total disregard for the
 8     children that were in the house at that time.  You'll
 9     hear his rage.
10  You'll also hear the fear in Nicole's
11     voice, the panic of the woman who had previously been
12     beaten by this powerful man with his huge hands, the
13     man who, you will hear, is kicking down her door
14     during the course of this 911 call.
15  You'll also hear Nicole tell the 911
16     operator, "I don't want to stay in the house.  He's
17     going to beat the shit out of me."
18  Fortunately, Nicole was never struck by
19     Mr. Simpson, and she stays on the line with the 911
20     operator until the police arrive.
21  And Kato Kaelin, who was staying out in
22     the guest house, was there also, had shown up at the
23     same time.
24  But once again, you're going to hear also
25     the deference shown to Mr. Simpson by the LAPD after
26     this incident.
27  Nicole and Mr. Simpson still keep dating
28     on and off, but the relationship is doomed now for a
 1     second time, after the second incident.
 2  In January 1994, Nicole moves out of
 3     Gretna Green and moves around the corner to a
 4     condominium on Bundy Street, and begins living there.
 5    Going to April, now, of 1994, you're
 6     going hear that Nicole and Mr. Simpson and the
 7     children went on an abbreviated vacation in Cabo San
 8     Lucas.  You're going to hear that the relationship
 9     just wasn't working at that time, and after this
10     vacation, that ended it.  It was just April 1st to the
11     3rd of 1994.
12  Mr. Simpson went onto Puerto Rico, where
13     he was filming a movie, and Nicole went back to her
14     home on Bundy with her children.
15  On May 1, Mr. Simpson returns from Puerto
16     Rico.  At this point, the relationship between he and
17     Nicole goes into a free-fall and irreversible downward
18     spiral.
19    You'll hear on Saturday, May 8, which
20     was Sean, Denise Brown's little boy, was his first
21     communion down in Laguna, that Mr. Simpson drove down
22     there to keep a date with Nicole that evening.
23  You'll hear that they fought, fought in a
24     very bitter manner before they even went out on that
25     date.  You will also hear that Nicole left the
26     children with her parents that night at their house
27     because she and Mr. Simpson were going out on this
28     date, and intended to leave them there overnight.  But
 1     then you'll hear that Nicole showed up shortly after
 2     she left the children there, stressed, angry, not
 3     talking to Mr. Simpson, to pick up the kids after an
 4     abbreviated night.
 5  The next day was Sunday, May 9, Mother's
 6     Day.  Mr. Simpson and Nicole were at the Browns' then,
 7     at Laguna, also.  And you'll hear that the tension was
 8     extraordinary between Mr. Simpson and Nicole.  It was
 9     a very uncomfortable situation the entire day.
10  After May 9, Mr. Simpson starts dating
11     Paula Barbieri again.
12  On May 14, you'll hear that Mr. Simpson
13     missed his daughter Sydney's first communion.  On May
14     19, it was Nicole's birthday, and you will hear that
15     Mr. Simpson gave her a very expensive emerald
16     bracelet.
17  But then you'll hear that on May 22,
18     things changed for good.  It was on that date that
19     Justin, the younger of the two children, his Sunshine
20     School class picnic was being held at Rockingham.
21     After the picnic, Nicole returns back with the
22     children to Bundy, and Mr. Simpson came over.
23  There was a heated argument between the
24     two of them at that time once again.  And at this
25     time, Nicole gave back Mr. Simpson the bracelet that
26     he had given her three days earlier, also gave back to
27     him a very expensive pair of diamond earrings, her
28     favorite earrings, and told him it was over.  This was
 1     it.  She wanted nothing to do with him again.  She
 2     wanted him out of her life for good.  No more games,
 3     no more back and forth.  It was over.
 4  Nicole is rejecting, for the second time,
 5     Mr. Simpson.
 6  You will hear shortly after that, that
 7     Mr. Simpson called Judy Brown, just like he had done
 8     on that prior occasion, too, right after Nicole had
 9     left him, but it's different this time; it's a short
10     phone call.  He says to Judy, "She's leaving me again,
11     Judy."
12  Judy indicated that she knew.
13  And what Mr. Simpson says to her, he
14     says, "Judy, I know the first time it was my fault,
15     but this time, it's gonna hurt."
16  That's all he said:  "It's gonna hurt."
17     That was the last time Mrs. Brown heard from, saw,
18     spoke to Mr. Simpson until after her daughter was
19     murdered.
20  The first week of June, the relationship
21     between Nicole and Mr. Simpson is in an extremely
22     volatile state.
23  On June 8, Mr. Simpson goes to Bundy to
24     pick up the documents.  Nicole is there; she is right
25     outside the on the balcony when he comes there.  They
26     ignore each other; they don't speak.  The tension is
27     there.
28  Also, on June 6, there's mention before
 1     on what's referred to as the IRS letter, Mr. Simpson
 2     has hand-delivered to Nicole, a letter indicating that
 3     she may have engaged in some sort of tax improprieties
 4     when she purchased her house on Bundy.  It was, in
 5     effect, going to blow the whistle on her.
 6  Nicole was panicked, frightened, and felt
 7     that she and the children were going to end up out on
 8     the street because she was going to have to sell the
 9     condo and move somewhere again.
10  You will hear others describe how she
11     reacted to this letter.
12  On June 7, you're also going to hear that
13     Nicole realized that the keys to her condominium were
14     missing, that Mr. Simpson had been there the day
15     before, and on June 7, the keys that she kept in her
16     kitchen to give access to the property and her home
17     were missing; she couldn't find them.  You'll hear
18     that a search was conducted of the entire house, under
19     furniture, everywhere, and Nicole was telling
20     everybody of her panic because the keys to her
21     condominium were missing.
22  You'll also hear how on June 7,
23     Mr. Simpson missed Justin's graduation from the
24     Sunshine School, and that he called that evening.
25     Nicole handed the phone.  No words were spoken to him.
26  Once again, these people are not talking.
27     Things are heated.  Actions are being taken between
28     them.  As I say, it's extraordinarily volatile at this
 1     time; the tension is increasing.
 2  On June 8, Mr. Simpson composed another
 3     letter to Nicole, telling her never to utilize the
 4     services of her housekeeper to take care of the
 5     children.
 6  He's turning up the heat a little bit.
 7  On June 10, you'll hear now that Paula
 8     is back in the picture, that she's back at Los
 9     Angeles.  She comes back, Mr. Simpson picks her up at
10     the airport on Friday night, and she goes home with
11     him and spends the night at Rockingham with
12     Mr. Simpson.
13  On June 11, there's a benefit for the
14     First Lady of Israel, a formal event that Mr. Simpson
15     and Paula Barbieri attend together.  They argue that
16     night, Paula and Mr. Simpson do.  They argue about
17     Nicole.  On that night, Mr. Simpson goes home alone to
18     Rockingham, and Paula Barbieri goes her own way, back
19     to her apartment on Wilshire.
20  At seven o'clock the next morning, on
21     June 12, Paula Barbieri picks up the phone and leaves
22     the message for Mr. Simpson that it's over between
23     them, just leaves a message.  And she, in turn, takes
24     off for Las Vegas.
25  Mr. Simpson plays golf that day.  And at
26     Riviera Country Club, after he plays golf, he tries to
27     get in touch with Paula Barbieri.  He can't contact
28     her.  She's in communicado.  She's in Las Vegas.  He
 1     didn't even know she left town.
 2  At five o'clock that day, there was a
 3     recital at Sydney's, the older daughter, school, a
 4     dance recital, something she practiced for, rehearsed
 5     for.  It was for the parents that evening, a school
 6     event.  All the Browns were going to be attending:
 7     Nicole's parents, her sisters, Justin.  It was a
 8     family event.  It was an annual event, too; they had
 9     done it in the past.
10  They were going to be going out to dinner
11     afterwards as a family, as they always did, to put
12     what differences they had in the past.  The one thing
13     Nicole and Mr. Simpson had been able to do was put
14     aside their differences when they're around for
15     children's events, go to the event together, going out
16     together afterwards, and share this event as a family.
17  The relationship reached such a state at
18     this point, that Nicole did not want Mr. Simpson
19     around.  He was given tickets to the recital, but the
20     entire Brown family knew that Mr. Simpson was not
21     invited out to dinner with them that night; he was not
22     a welcome person.  Nicole was not speaking to him,
23     wanted nothing to do with him, and she did not want
24     him to be part of the family anymore.
25  You'll hear how Mr. Simpson did appear at
26     the recital by himself, that Nicole did not speak to
27     him at all, nor he her, at the recital.
28  You'll also hear that Mr. Simpson was in
 1     a dark, black mood that day.  You will hear people
 2     close to him, good friends, say that she they had
 3     never seen him that way before.
 4  You're also going to see put into
 5     evidence snippets of his smiles, maybe a picture of he
 6     with Sydney, or a quick flash of a video of him with a
 7     less than moody face on him, but you will hear the
 8     testimony that over a period of hours what
 9     Mr. Simpson's mood and mindset was.
10  You'll hear how after the recital, the
11     family and everybody did, in fact, go out to dinner
12     together, and Mr. Simpson walked off and went home
13     alone to Rockingham.
14  At 9 o'clock that night, Mr. Simpson
15     calls Nicole's house.  Nicole answers, doesn't speak
16     to him.  The situation is in the same state, the
17     volatile state.
18  Mr. Simpson's only question to Nicole is,
19     is Sydney asleep yet.  Sydney goes to sleep sometime
20     after 9 o'clock.  When she awakes, her mother is lying
21     out front in a pool of blood, still wearing the same
22     black dress she had on at the recital.
23  They see death, and although death came
24     quickly, it was not instantaneous.
25  The evidence will demonstrate
26     Mr. Simpson's predisposition to an uncontrollable rage
27     towards Nicole.  That, along with the physical and
28     forensic evidence presented, will make clear
 1     Mr. Simpson responsibility for these murders.
 2  Thank you.
 3    MR. BAKER:  Good morning, ladies and gentlemen.
 4    JURORS:  Good morning.
 5
 6  Opening statements by Mr. Baker on behalf of
 7   Defendant_Orenthal_Simpson
     _________ ________ _______
 8
 9    MR. BAKER:  As you know by now, my name is Bob
10     Baker.  And it's my privilege, and indeed an honor, to
11     represent Orenthal James Simpson.
12  O.J. Simpson was born on January 9, 1947
13     in San Francisco.  He was the third child of two boys
14     and two girls born to his mother and father.
15  During his years in grammar school and
16     junior high school, the family moved a lot because
17     they were transferred from one federal housing project
18     to the next.  And it was during that period of time
19     that O.J. Simpson met his life-long friend and
20     companion, Al Cowlings.
21  He then, during that period of time when
22     he was in grammar school and junior high school, ran
23     track and played baseball.  And they didn't have any
24     football teams in those schools in those days.  And
25     when he transferred to Galileo High School or
26     matriculated there, he became a great football player,
27     even in high school.
28    And he continued to run track and he
 1     from Galileo High School, went to San Francisco Junior
 2     College.
 3    At San Francisco Junior College, O.J.
 4     Simpson smashed every junior college record in the
 5     book known for running backs.
 6    And he then left after two years at San
 7     Francisco Junior College and went to USC.  That was in
 8     1967.  And in 1967, he immediately started as a
 9     tailback for the University of Southern California and
10     led that team to the national championships.
11  He also in that year ran the four by 100
12     relay, and along with his teammate at USC, set a world
13     record.
14    He continued at USC.  In 1968 -- well,
15     let me go back just a second.
16  1967, first semester, he goes home to San
17     Francisco and marries Maguerite, his high-school
18     sweetheart.  And there are two children born of that
19     union.  There's Arnelle, who was born on December 4,
20     1968.  That happened to be the day that O.J. Simpson
21     was named and received the Heisman Trophy for being
22     the most outstanding football player in the United
23     States in 1968.
24  After he his senior year at USC, he went
25     on to the Buffalo Bills.  He became the first player
26     in the National Football League history, in the
27     history of pro football, to run the ball for over
28     2,000 yards.
 1  He was the most valuable player three
 2     times, all pro seven times, and two years before his
 3     retirement in 1977, he was traded from the Buffalo
 4     Bills to his home town of San Francisco 49ers.  He
 5     spent two years with the 49ers, and he retired in
 6     1979.  And at the time O.J. Simpson retired from
 7     football, ladies and gentlemen, he was a sports hero.
 8     He was a celebrity; he was a personality.  Make no
 9     mistake about it.
10  When O.J. retired, it was an event,
11     because the greatest football player ever to carry the
12     ball was retiring before he had lost his ability to
13     run a football.  And O.J. Simpson went to the podium
14     on the day of the ceremony that he retired and he
15     said, "Fame is a vapor, popularity is an accident
16     money takes wings, only one thing, only one thing
17     endures, and that is character."  And he walked away.
18  He never carried a football again.  O.J.
19     Simpson was not an athlete who tried to renegotiate a
20     contract; he never spit in the face of an umpire.  He
21     never, ever told a fan he didn't have time for an
22     autograph.
23  O.J. Simpson was the sports hero that
24     went on after his career as a football player to
25     become a spokesman for Chevrolet, a spokesman for
26     Hertz, do ABC Television on Monday Night Football
27     games, NBC commentator on pro football games, and
28     indeed movie roles, and movies:  Naked Gun series,
 1     Roots, and various other things.
 2  And nobody, nobody, had a bad word about
 3     O.J. Simpson because he treated everybody as a human
 4     being.
 5  I want to go back for just a moment.
 6  In 1977, he met Nicole.  After O.J.
 7     Simpson had separated from his first wife, Maguerite,
 8     he and Nicole became an item.  They redecorated the
 9     house that he had bought on Rockingham, 360 North
10     Rockingham, where he still lives to this day.
11  And she was there with him.  And she
12     helped decorate it.  And they were an amazing couple,
13     because they had fame -- they didn't have the
14     constraints that most young people have, that is,
15     money.  They had plenty.  O.J. was making good money
16     in those days with NBC by then, and his representing
17     Hertz, as well as his movie roles.
18  Now, they were married on February 2 of
19     1985.  And later in that year, in the fall, Arnelle
20     was born.
21  Now, you've heard about some incidents
22     through Mr. Kelly, and I want to tell you what I
23     believe the evidence will really show about those
24     incidents.
25  Mark Fuhrman gave a report in 1989 about
26     the 1985 incident.  He said it was 1985.  He said O.J.
27     Simpson was sitting on a car, and there was a baseball
28     bat that was leaning next to the house.  And he said
 1     that although he had never written a report in 1985,
 2     he said it was indelibly impressed in his mind, and he
 3     remembered it.  And he remembered it because my
 4     client, O.J. Simpson was a celebrity.  But he said
 5     Mr. Simpson was agitated, not out of control.  There
 6     were no bruises; there was nothing that would indicate
 7     that there was any altercation with Nicole.
 8  And he never mentions the fact in his
 9     1989 report, going back to 1985, that if the incident
10     had occurred in 1989, Nicole was about eight months
11     pregnant.
12  In any event, ladies and gentlemen, that
13     report -- and you'll hear the evidence -- by Mark
14     Fuhrman was written in 1989, so that they could charge
15     my client, O.J. Simpson, with misdemeanor spousal
16     abuse in 1989.  They needed a second incident to do
17     it.  So Mark Fuhrman volunteered, and he wrote that
18     report about something he says occurred in 1985.
19  They had a life.  And you will hear the
20     bad; you'll hear the ugly; and you'll hear it from
21     litigants and you'll hear from Mr. Simpson.  And he'll
22     take the witness stand.  And he is ready, willing, and
23     able.  And he'll take it anytime they want.  They have
24     the right, and they can call him to this stand anytime
25     they want.  And he's here.  And he will tell you about
26     these incidents.
27  And he will tell you that in January of
28     1989 -- now, mind you, between '85 and '89, they have
 1     two children of this marriage.  Sydney Brooke is born
 2     in 1985, and Justin is born in 1987.
 3  And they live a life that was and is
 4     unique to most people.  Because besides the estate
 5     that Mr. Simpson has on Rockingham, he, at that time,
 6     had a condominium in New York.
 7   What would occur is, that they would
 8     live in New York through football season because
 9     Mr. Simpson would have to go to Miami, to New York, to
10     Buffalo for the Sunday football games.  So they lived
11     in New York in the fall of the year and usually past
12     Christmastime, and then move back and lived in
13     Rockingham until the next fall.  And their life was a
14     terrific one.  They loved each other; they traveled
15     immensely together.  They were together and had a love
16     that few people have known.
17  They both had very strong personalities.
18  And Nicole, you will hear, was one who
19     liked to get her way.  And she was a very strong
20     personality in the relationship.  And I'm going get
21     into that more in a moment about who was pursuing
22     whom.
23  But let me suggest to you that on January
24     1, 1989, the second incident that Mr. Kelly was
25     talking about, and so dramatically more trying to --
26     you let me tell you what the evidence will really show
27     relative to that incident.
28  That incident occurred, ladies and
 1     gentlemen, at about 3 o'clock in the morning, when
 2     both Mr. Simpson and Nicole Brown Simpson had had far
 3     too much to drink at a New Year's Eve party that they
 4     both attended and had a great time at.
 5    They got in a dispute and OJ wanted
 6     Nicole out of his room.  He didn't want her in there;
 7     she wanted to be in there.  He pushed her out the
 8     door; he locked the door.  She got the key, opened the
 9     door, came back in the door.
10  A wrestling ensued.  He got her out the
11     door.  The door is locked again.  And she falls.  And
12     you'll hear from the maid that she falls.
13  Now, I'm not here to suggest to you that
14     Mr. Simpson never touched her that night.  I'm not
15     here to suggest to you that she didn't touch
16     Mr. Simpson that night.
17  That was a physical encounter that O.J.
18     Simpson was appalled about.  It should have never
19     happened.  He will admit that to you from this witness
20     stand.  He takes full responsibility now; he took full
21     responsibility then.
22  But I want to tell you what didn't
23     happen.  It didn't occur that O.J. Simpson went
24     downstairs and was told by Officer Farrell that he was
25     going to be arrested.
26  You will hear from O.J. and the maid who
27     was there, that Officer Farrell, who has a very
28     interesting past -- and we'll relate it to you once he
 1     gets on the witness stand -- was totally abusive to
 2     O.J. Simpson.  And Michelle, the housekeeper,
 3     suggested to O.J., who was getting upset because
 4     Officer Farrell -- the first words out of his mouth
 5     were, "I think you two need a divorce."  That's what
 6     he told O.J. Simpson.  And that upset O.J. immensely.
 7     He said to him, "I thought you were here to quiet the
 8     situation down."
 9  And there were more words between Officer
10     Farrell, who is mentioned in the Christopher
11     Commission report -- and we'll bring that up to you at
12     the time he sits right here.
13  O.J. then went back into the house.  He
14     did not speed away from the police officers at 30 to
15     35 miles an hour.  He couldn't even get out of his
16     driveway at 30 to 35 miles an hour.
17  He left to get away from the situation
18     where he was getting upset.
19  And he came back that day.
20  And by the way, he didn't go to the Rose
21     Bowl that day.  In fact, the Rose Bowl wasn't even
22     played that day.  As you know, when the Rose Bowl
23     falls on a Sunday -- January 1 falls on a Sunday, the
24     Rose Bowl is moved.  And I'm sure you'll find that the
25     Rose Bowl was played on January 2.  And you will also
26     hear that it wasn't Al Cowlings who suggested to
27     Michelle -- pardon me, to Nicole -- that she go to the
28     hospital:  It was Al and O.J.
 1  O.J. wanted -- she had a headache.  She
 2     thought it was a hangover.  O.J. said, "You've got to
 3     go to the hospital.  You've got to be sure to go to
 4     the hospital." And it was through O.J.'s urging, as
 5     well as Al Cowlings'.
 6  And obviously, after this altercation
 7     there was a distance between Nicole and O.J.  And O.J.
 8     said, "I want Al to take you; I don't want you to have
 9     to be concerned about anything else.  I want Al to
10     take you to the hospital."  And that's what happened.
11  Now, when O.J. and Nicole had married in
12     1985, O.J. was a wealthy man.  And they had signed
13     what is commonly referred to -- and you've heard about
14     them -- prenuptial agreements.  Basically, each kept
15     their own property.  And that prenuptial agreement
16     would preclude, if they ever split up, Nicole getting
17     half of O.J.'s property, which was significant.
18  He was so distraught and upset by the
19     fact that he had gotten physical with Nicole, he had
20     his attorney and friend, Skip Taft, draw up a legal
21     document.  And that legal document said -- and was
22     signed and given to Nicole; she didn't ask for it --
23     it said, if O.J. Simpson ever touches you again in
24     anger, strikes you, does anything of the sort, the
25     prenuptial agreement is null and void.
26  He was worth about $10 million at the
27     time.  That document, in and of itself, was worth
28     $5 million.
 1  And he gave that to Nicole, not only to
 2     say he was sorry, but to say he was responsible.
 3  And, ladies and gentlemen, as Mr. Kelly
 4     suggested to you, from that day forward, O.J. Simpson
 5     never ever touched Nicole in anger again, ever.
 6  And I want to go on a little bit relative
 7     to the relationship and what happened.
 8  In 1991, as I suggested, O.J. would go
 9     back to the east coast and he would do his thing for
10     NBC and the football.
11  And in 1991, he went back, and Nicole
12     didn't want to go with him and didn't go with him.
13     She had Sydney in school and she didn't want to go
14     back, so she didn't.  When O.J. came back from New
15     York, she said she wanted a divorce.
16  Pardon me.  I take that back.  She said
17     she wanted to separate.
18  O.J. didn't want to separate.  He was in
19     love with her, make no mistake about it.  He didn't
20     want to split up his family, but she insisted.  And he
21     said basically, if we are going to separate, we ought
22     to get a divorce and get on with our lives.  If we go
23     back together, we can stop the divorce proceedings,
24     whatever.
25  And so divorce papers were filed, I
26     believe, in February of 1992.
27  Now, these two adults did not have an
28     acrimonious relationship.  You will hear testimony
 1     that O.J. Simpson did not stalk, did not run after
 2     Nicole, but went on with his life.  You will hear
 3     testimony, ladies and gentlemen, that O.J. Simpson
 4     became, and was Nicole's confidant.
 5  Nicole had been with O.J. since she was
 6     18; and she was, at this point in 1992, kind of
 7     exercising her wings.  And she had many boyfriends and
 8     men loved her.  She was gorgeous, and they loved to be
 9     with her.  And she was with a lot of them.  And she
10     had boyfriend problems.  And when she had boyfriend
11     problems, she went to O.J. Simpson.  When she had --
12     well, let me tell you how much of a confidant O.J.
13     Simpson was to Nicole.
14  In the summer of 1992, she became
15     pregnant by one of her boyfriends.  And she turned to
16     O.J. Simpson for moral support.  She told two people
17     in the world; she did not tell her mother; she did not
18     tell her sisters.  She told her best friend Cora
19     Fischman, and she told O.J. Simpson.  And then she
20     decided to terminate what was apparently an unwanted
21     pregnancy.  That was how deep the relationship was in
22     terms of being a confidant.
23  She would call O.J. Simpson wherever he
24     was, in town, out of town, when she had a problem.
25     When she had an accident in her Ferrari under rather
26     dubious circumstances.  The first person she called
27     and found on the east coast was O.J. Simpson.
28  Now, O.J. had gone on with his life,
 1     ladies and gentlemen.  And in May of 1992, he started
 2     dating Paula Barbieri.  The divorce was final, I
 3     believe, in October of 1992.
 4  Now, to try to keep this in some sort of
 5     chronological sequence, it was December of '92 that
 6     Nicole is in Aspen with her then boyfriend, and meets
 7     Kato Kaelin.  She invites Kato Kaelin and others to a
 8     party that she has at her house on Gretna Green in
 9     January of 1993.
10  In January of 1993, Kato Kaelin comes to
11     the party, and he asked to move into the back house
12     that exists at Gretna Green, and Nicole allows him to
13     do that.  And he moves in there and pays four, five
14     hundred dollars rent --  he doesn't really recall how
15     much -- and he becomes a confidant, more of a friend,
16     I guess.  He babysits the kids; he talks to Nicole.
17     He talks to her friend, Cora Fischman.  He has coffee
18     with them.  And he becomes a friend with O.J. because
19     O.J. is over there frequently, visiting his children.
20     And he is in the Gretna Green house for the year of
21     1993 to 1994.
22  Now, in 1994, Nicole moves from the
23     Gretna Green house to a condo that she owned at 875
24     South Bundy, where the murders took place.
25  Now, I want to go back just a little bit
26     and bring you up to speed on how she acquired that
27     condominium.
28  O.J. Simpson, after they were married
 1     wanted Nicole to have a source of income so that she
 2     could have her own money and she wouldn't have to
 3     worry about being financially dependent on him.  He
 4     wanted her to have that level of independence.
 5  When he was playing football in San
 6     Francisco, he had purchased a condominium that he
 7     owned free and clear.  He gave her that condominium.
 8     It was worth $500,000, and he gave it to her.  It was
 9     rented out, and she received the rental income.
10  She subsequently sold the condominium in
11     San Francisco and purchased the condo at 875 South
12     Bundy, which she also rented out and got the income
13     from that.
14  And what happened is -- and you'll hear
15     from people who know this far, far better than I --
16     what happened is that she used a section of the
17     Internal Revenue Service to transfer the property from
18     San Francisco to the Bundy property, so she didn't
19     have to pay taxes on the appreciation.
20  And to continue to not pay taxes on that
21     differential between the value of the condominium in
22     San Francisco and the value of the condominium in San
23     Francisco (sic), under the Internal Revenue law, it
24     had to continue to be rental property.  Well, in any
25     event -- and I'll come back to that.  In any event,
26     1993, 1994, Kato lives at Gretna Green and the
27     relationship between O.J. and Nicole can best be
28     described in a letter that Nicole wrote to O.J. and
 1     had hand-delivered to him in March of 1993.
 2  Now, you've heard all about O.J. pursuing
 3     Nicole Brown Simpson.
 4  In fact, the exact opposite is true.
 5     Nicole wrote a letter in March of 1993, and she said
 6     to O.J., "I wasn't sure why it was about me . . ."
 7     talking about their relationship, "so I just blamed
 8     you.  I was the one who was controlling."  She wrote,
 9     "I never stopped loving you.  I stopped liking myself
10     and lost total confidence in my relationship with
11     you."  She said, "I want to put our family back
12     together."  She said, "I want to be with you.  I love
13     you I cherish you, and I want to make you smile.
14     O.J., I want to come home again.  I want all of us to
15     be together again.  We can move wherever you want.  We
16     can stay here.  I just never want to leave your side
17     again."
18  She signed the letter, ladies and
19     gentlemen, "I love you forever and always."
20  She was pursuing O.J. Simpson with that
21     letter.  She sent tapes of family movies.  She would
22     come over to his house day and night.  She sent
23     cookies to his house.  She would show up at Riveria
24     Country Club, where O.J. Simpson would go to play
25     golf.
26  In fact, ladies and gentlemen, she
27     followed him all the way down to the tip of Baja,
28     Mexico, Cabo San Lucas, where he loved to go play
 1     golf.  And she pursued him -- and she pursued him and
 2     in May of 1993.  O.J. agreed to try to reconcile, but
 3     he put some conditions on the reconciliation:  That
 4     they try it for a year, and have a -- after a year,
 5     they would see if it, in fact, would work.  If it did,
 6     Nicole and the kids would move back to Rockingham,
 7     because O.J. did not want the kids uprooted if it
 8     didn't work out.
 9  And so in May of 1993, they commenced a
10     reconciliation.
11  Is this a good place, Your Honor?
12    THE COURT:  Okay.  Ladies and gentlemen,
13     ten-minute recess.  Don't talk about the case.  Don't
14     form any opinions.
15  (Recess.)
16

 6  I mentioned earlier about the January 1,
 7     1989 incident and I mentioned Officer Farrell's name
 8     and the real name is Officer Edwards.
 9  In fact, Officer Farrell subsequently
10     testified that O.J. always accepted responsibility for
11     that incident.  So I want to make that clear because
12     we have a lot of people who may report that and I
13     certainly want to make it clear that it was Officer
14     Edward who was giving Orenthal James Simpson the hard
15     time on the morning of January 1, 1989.  That will be
16     testified to as I suggested.
17    Now, before the break, we were going
18     through the chronology of the events of Nicole and
19     O.J.'s life and we were approximately in May of 1993
20     after Nicole had said in the letter basically what her
21     state of mind was.  That she was not, she was the
22     pursuer.  She was not being pursued at all by O.J.
23     Simpson at the time.
24    And O.J. agreed, as I suggested just
25     before the break to a trial, at reconciliation and
26     that trial had limitations on it.  It had conditions
27     on it.  The conditions would last one year.  And after
28     one year, if it worked out, she could move back into
 1     the house and they would be remarried.  But as I
 2     suggested he did not want his children uprooted, moved
 3     into the house and then possibly moved out of the
 4     house.
 5    And so that trial reconciliation went
 6     forward and there were some rocky moments because of
 7     the strong person of both of these individuals.
 8    And I want to revisit this third, what
 9     they call, incident of October 25, 1993.  And I want
10     to chat with you about that for a few moments and tell
11     what you the evidence will really show relative to
12     that incident.
13    On that evening, O.J. Simpson had gone
14     to Nicole's house and had dinner.  He was making a
15     movie at the time, one of the Naked Gun series and he
16     was on a set here in southern California.
17    And a young lady who was also there,
18     engaged O.J. in conversation and she said to O.J. that
19     when her boyfriend, a fellow named Keith had been
20     seeing Nicole, he was heavily into drugs and Nicole
21     was hanging around with him.  And this rang a very
22     definite bell with O.J. Simpson.  And the reason it
23     rang a bell with O.J. Simpson is O.J. had gone to
24     Nicole's house one evening and had walked up -- This
25     was in 1992 -- and had walked up the front walkway and
26     looked into the bedroom.  And he saw Nicole performing
27     oral sex on this Keith.  Lights on, draperies open,
28     kids in the house.
 1  Now this man, who is supposedly a raging
 2     violent human being, didn't do anything.  Didn't go
 3     into the house, didn't make a scene, didn't do
 4     anything.  He rang the door bell to let them know that
 5     the world could visualize what they were doing in
 6     there and he went back to his house.
 7    He was upset.  I think any human being
 8     would be upset.
 9    And so when this incident occurred in
10     October of 1993, he was having this discussion with
11     Nicole and it was getting nowhere, because he didn't
12     like the fact that Nicole was having parties, visiting
13     people where -- who were prostitutes, inviting drug
14     users into his house with his -- Into her house with
15     his children there.  And when you hear the tapes,
16     you'll hear the name Heidi Fleiss, you'll hear
17     prostitute, you'll hear drugs.  It's all in there.
18    He was very upset about it.  But I'm
19     getting ahead of myself and I apologize.
20    What happened was thier conversation
21     over this was going nowhere.  O.J. gets in his car and
22     he drives home.  When he gets home, he didn't call
23     Nicole.  Nicole called him.  And said when we decided
24     that we were going to reconcile, we said that we would
25     talk these things out.  And so he got in his car.  He
26     went back and he was hot.  There is no question about
27     it.  He did not want prostitutes and drug users in his
28     house and he didn't want Nicole using drugs either.
 1    And so it was a heated conversation and
 2     he was upstairs, Nicole was upstairs when she called
 3     911.  And she called 911 and she had the door locked
 4     and O.J. thought she was talking to her mother.  And
 5     he knocked on the door, maybe he beat on the door, and
 6     he went downstairs.  Now Nicole was so frightened of
 7     O.J. being so violent and in such a rage and so afraid
 8     of him that she left the lock upstairs and went
 9     downstairs to continue the argument.
10    Now, the police came, Sergeant Lally --
11     Sergeant Lally surreptitiously recorded the argument
12     downstairs, and you will hear on that surreptitious
13     recording, the reason I say it was surreptitious
14     because he was to book any recording into evidence
15     immediately after taking it.  He did not, but in any
16     event, it was found.  You'll hear it.
17    And you'll hear O.J. Simpson.  You will
18     hear Nicole Simpson saying no, he didn't hit me.  He
19     hasn't touched me since 1989 because he hadn't.  There
20     was no violence in that.  And if this was such a
21     raging volatile relationship, why would she have come
22     downstairs.
23  And so ladies and gentlemen, the
24     relationship and the trial period continued.  It
25     continued into March of 1994.  And again, it was --
26     they had good times.  They had bad times but O.J. in
27     March thought they were going to make it.
28    And he called Judy Brown and he says I
 1     think we're going to make it.  I think I was wrong
 2     that this wasn't going to work.  I think we're going
 3     to make it.
 4    And then he went to Puerto Rico to
 5     shoot this movie Frogmen and he called her all the
 6     time.  That is he called Nicole and her mood swings
 7     were enormous.  Incredible.  One day she was loving
 8     and warm to him, the next she was out of control.  But
 9     he couldn't understand it and he called Judy and told
10     her about that.  He said, I've got to watch what's
11     going on here.
12    She was drinking excessively when O.J.
13     wasn't around.  And in fact, the evidence will show
14     when, well, wait 'till I get there.
15  She was in friendships with people with
16     severe problems.  She was partying with people she
17     didn't know anything about.  She didn't know who they
18     were basically.  It was an amazing period.  And you'll
19     hear that from her best friend.
20    O.J. comes back from Puerto Rico at the
21     end of April, 1994.  He sees her.  They have this
22     date.  They go down in Laguna, and she's a rattle
23     again.
24    And it's basically one year to the day
25     since she started this reconciliation period and it
26     wasn't she who broke it off.  It was O.J.  Said unless
27     you get counseling, I can't go on with this.  I can't
28     do it.  I can't be a part of all of the problems.
 1    Her best friend had severe, severe
 2     marital difficulty.  She would tell her husband she
 3     was with Nicole and she wouldn't get home until 4:00
 4     or 5:00 in the morning and she wasn't with Nicole.
 5    Her other friend, who wasn't her best
 6     friend, Faye Resnick, was heavily into drugs.  And the
 7     problems and who do they go to with their problems?
 8     O.J. Simpson.  O.J. Simpson is the one they go to.
 9    So what happens is the weekend of 7 and
10     8 of May, they decide it's over.  We'll go on with our
11     life.  O.J. was not a raging, violent, smoldering
12     human being the month of May or the month of June.
13    And the evidence will be that O.J.
14     Simpson gave her a bracelet, gave her some earrings
15     and I want to tell you why the earrings came back.
16     Nicole had had these earrings that were diamond
17     earrings, stolen.  O.J. paid to replace them, cost
18     about $10,000.
19  When the insurance check came into O.J.'s
20     office, it was sent to Nicole who just took the cash
21     instead of giving it to O.J. so she gave him the
22     earrings back.
23  And the bracelet, you will hear an
24     expensive -- maybe a relative term to some of us,
25     expensive is expensive.  But you will hear that the
26     bracelets that he gave her may have been purchased for
27     somebody else.  But in any event, it was the least
28     expensive birthday gift he ever gave her in the 17
 1     years that they were together.
 2    Now, I want to revisit one thing.  In
 3     that month of May, you've heard from Mr. Kelly, with
 4     an accusation that O.J. Simpson missed his daughter's
 5     first communion.  I want to tell you the facts
 6     relating to that incident.
 7    O.J. Simpson was a spokesman for Hertz
 8     and he had certain commitments with his contract with
 9     Hertz.  And he had to be at a conference where they
10     kind of showcase O.J. and he meets people and he
11     mingles with them.
12    O.J. went so far to call the chairman
13     of the board of Hertz to try to get out of that to be
14     at his daughter's first communion.  He couldn't and so
15     he wasn't there.  He -- so he wasn't there.  He was
16     earning a living.
17    I want to tell you about something else
18     that occurred to this man who is supposedly in a rage.
19    Every year they had an event for the
20     preschool that O.J. had started at his house.  It was
21     a fund raiser, 3, 400 people came.  It was May 22, the
22     day that Mr. Kelly just told you they broke up in this
23     smoldering rage.
24    Well, you will hear witnesses talk
25     about the fact that Nicole came over to his house,
26     O.J.'s.  There were people wandering in and out of his
27     den which has some television sets in it, or family
28     room, and wandering back out these doors to go back
 1     out to the swimming pool and back towards the tennis
 2     court.
 3    And O.J. was with some other gentleman
 4     in this den watching the NBA Playoffs.  Nicole came in
 5     sat down, put her head on O.J.'s lap and laid there
 6     with other people around, hardly afraid of O.J.
 7     Simpson.  Hardly a relationship that has gone sour.
 8  If fact, she got up, went up and climbed
 9     into O.J.'s bed.  And the reason she had done that,
10     ladies and gentlemen, is she had had pneumonia in the
11     month, later in the month of May.
12  And O.J. Simpson had gone over there and
13     taken care of her.  And O.J. had brought her soup,
14     taken care of the kids, bought her flowers.  Not her
15     mother, not her sisters, O.J.  So then an event
16     occurred.  O.J. was certainly aware of the problems,
17     these serious problems with the drug use of Faye
18     Resnick and the severe marital problems of Cora
19     Fischman.
20    Then in late May he gets a phone call
21     from Faye Resnick and Faye Resnick says to him, she
22     and her then fiance, Christian Reichardt, want to go
23     to a fund raiser charity event that O.J. sponsors at
24     Cedars-Sinai hospital for children with birth defects.
25     And O.J. had done it four years and raised 7, 8, 9
26     million dollars to advance research in birth defects.
27    And O.J. said, sure, you can come.  And
28     the next thing he did was receive a call from Nicole,
 1     how upset she was that O.J. was tying to steal her
 2     friend.  O.J. said I'm not trying to steal your
 3     friends.  She asked if she could come, she can come.
 4   And then O.J. decided, look, I've got to
 5     distance myself from these people.  I've got to put a
 6     little distance because they have these severe
 7     problems, and he attempted to do that.  And he
 8     attempted to do that.
 9    And you will hear, ladies and
10     gentlemen, that virtually, virtually the day after the
11     agreement by Nicole and O.J. to end this one year
12     reconciliation period, he started to rekindle his
13     relationship that he terminated with Paula Barbieri
14     when she tried to reconcile for the year and Paula
15     Barbieri and O.J. were publicly boyfriend and
16     girlfriend; the kids, the scene, Paula.
17    Certainly Nicole had seen O.J. with
18     Paula.  He wasn't a jealous stalking man at all.  The
19     week before June 12, 1994, he'd been down with Paula
20     down in the desert.  He played golf, gotten up early
21     in the morning, as is his custom, and he played golf.
22     And he went ahead, played golf.
23    When he got back, Paula was gone -- She
24     does not like him spending all his time on the golf
25     course -- with a note that she's broken up.
26    Well, she hadn't broken up with him and
27     the next week, they were back together and he was out
28     of town virtually the week before June 10, which is a
 1     Friday, on business on the East Coast.  He had to
 2     attend a board of directors meeting back there.  He
 3     had some other business back there.  And when he flew
 4     back, well, let me wait a minute before he flies back.
 5    He was invited by a pal of his in New
 6     York that's he known for a long time to stay in New
 7     York.  He was back in Connecticut, New Jersey to stay
 8     in New York play golf all weekend.  And O.J. says no,
 9     I'm flying home.  I missed the first communion.  I'm
10     going to be at Sydney's recital, flies to New York
11     from LA, knowing he has to be back in Chicago Monday
12     morning because he has to be at a celebrity golf
13     tournament put on by Hertz.
14    So he flies from New York to Chicago.
15     He's picked up by Paula Barbieri and goes home and
16     Saturday gets up early in the morning as is his
17     custom, goes to Riviera country club, plays golf,
18     plays some cards, goes back home, watches a little
19     television and then goes to this charity event on --
20     on organize the First Lady of Israel.
21    And Paula and O.J. had had a good time
22     but O.J. wanted to go home because he was going to
23     head up early and go play golf.  And in fact, that's
24     exactly what he did.
25    And again, Paula was not too excited
26     about the time that O.J. spent on the golf course.
27    So O.J., on June 12, 1994, rises in the
28     morning, gets up and goes to Riviera country club in
 1     Pacific Palasades plays golf, plays some cards, he's
 2     in his Bronco and then he comes back and calls Paula.
 3     And she doesn't answer.  Now, I want to explain a
 4     little bit about O.J.'s communication system if you
 5     will.
 6      He like all of husband has a phone
 7     system but in his house the phone system has many
 8     lines, kind of like a small business phone system but
 9     it does not have a cordless phone and O.J. uses his
10     portable cell phone kind of like a cordless phone.
11      In any event, he's coming back and he
12     calls Paula.  Now, he doesn't know that Paula had
13     called his cell phone answering service and he never
14     picked it up, when she says that she was breaking up
15     with him again which she did not do.  She was right
16     back with O.J. the next week after she came, heard
17     about the accusations that were being made against
18     him.
19    But in any event O.J. never heard about
20     that, never picked up and the phone records will
21     indicate to you, never picked up this call that they
22     say starts him smoldering because now he may be coming
23     alone.
24    He then, after he calls Paula's house
25     in his car, he then calls Nicole's 'cause he thought
26     he'd go over and pick up Justin because he knows that
27     they're getting ready for the recital that evening.
28     Than, maybe he can take Justin off his hands and off
 1     Nicole's hands.  And he adores his son and they have a
 2     good time over at his house.  Nicole says she doesn't
 3     want him to do that.  And so he simply goes home.
 4    He goes home and he is in his house and
 5     watches some television in the afternoon and reads a
 6     book and kind of lies around.  Kato comes in, they
 7     have some conversations, makes a couple telephone
 8     calls.  And then you'll find that O.J. is a telephoner
 9     he's on the phone a lot.  You'll know that very much
10     before the end of this case.
11    In any event, 5 O'clock comes, and he
12     is dressed and he goes to the recital at Paul Revere
13     Junior high school which is five minutes from his
14     house.
15  He gets there, contrary to what my worthy
16     adversaries have told you, he has a seat two seats
17     from Nicole.  And the two seats that are between them
18     are for Sydney and Justin because when the kids are
19     dancing, they're kind of running around and the
20     auditorium is in fact full.  And the people, the young
21     students would dance and then the parents after their
22     kids would dance, would kind of leave.  So as the
23     program got on in time, there was less people in the
24     auditorium.
25    But O.J. was closer to Nicole than was
26     her parents for example.
27    In any event, there was no smoldering
28     rage with O.J. whatsoever.
 1    He then sees that he's made a mistake.
 2     Other  father's have brought flowers for their
 3     daughters, so O.J., in the middle of the performance,
 4     gets up, walks out, gets in his car and drives and
 5     gets to a florist and gets some flowers and gets back
 6     before Sydney has danced.
 7    And because when he comes in, he sees
 8     Nicole kind of bending over talking to his mother.
 9     Rather than disturb her and go through the row, he
10     just stands to the side because his daughter's coming
11     up in the next dance.
12    And he waits, his daughter dances.
13     Both he and Nicole were standing during that dance as
14     I recall and then they go outside after the program
15     and you'll see a picture.  I'll put it up for you of
16     O.J. and Sydney.
17    MR. P. BAKER:  Mr. Baker, you got to hit the
18     monitor.  I think you hit it with her elbow.
19    MR. BAKER:  I did.  You may not see a picture
20     of O.J. and Sydney.
21    MR. P. BAKER:  Did the red light go to green.
22    MR. BAKER:  The red light.  No, the red light
23     is a red light.  The modern age.
24    MR. P. BAKER:  Take the tape out real quick and
25     then we're going to --
26    MR. BAKER:  Now it's gone to green.  Thank you.
27  (Referring to monitor.)
28  And O.J. was not in a foul mood.  And you
 1     will see, in addition to this photograph, you will see
 2     a video tape that was taken at that recital.  At the
 3     conclusion of it, you'll see O.J. laughing with Lee
 4     Brown.  You'll see Denise Brown hugging him.  This is
 5     not the family that was described by Mr. Kelly.
 6     This is a family that loves O.J. Simpson.
 7  The event is then over and it is
 8     approximately, I think it's right around 7 O'clock.
 9     And O.J. returns to his house.  Now, you've heard
10     accusations that O.J. can't account for his time and
11     we're going to get into that.
12    But after O.J. returns about 7:00,
13     Sometime between 7:30 I think and 9:00.  He takes his
14     Bronco who he had parked on Ashford.  Should we put up
15     the -- oh, let me put it up.  (Indicating to large
16     diagram of Rockingham avenue.)
17    MR. BAKER:  His Bronco is parked over here on
18     Ashford.  And O.J. knows that he's going to be, he's
19     got an 11:45 American airlines flight to Chicago and
20     he knows that he's going to be picked up later that
21     evening by a limo and taken to the airport.  And so he
22     pulls his Bronco into the area via, his entrance to
23     his house and he offloads his golf clubs and sets them
24     down here in the walkway.  And there's a couple of
25     benches that face each other here and you'll see
26     pictures of those.
27    But he puts his golf clubs down there I
28     think on the bench over on the south side and goes,
 1     puts the car back.  He then, after he's puts in the
 2     car, he puts the car out because his driveway is
 3     basically one way.  You can get a couple cars in here
 4     and he has a little cut out in here and that's where
 5     his Bentley usually is.
 6    And his garage at the time had another
 7     vehicle in it and had a lot of golf clubs in it and
 8     had some exercise machines in it.  And so he pulls the
 9     Bronco out the driveway and turns and parks it on
10     Rockingham.
11    And the Bronco is, contrary to some
12     evidence you may have heard, not askew, at least over
13     four, five inches.  Can you put on that photo of the
14     Bronco parked on Rockingham.  Okay.  Now, can you move
15     it up so that we can see how far this tire is to just
16     look at the curb area.
17    Now, you can see that that tire's a
18     little bit  over the concrete curb on the macadam
19     there and this is not over it, I don't know, five
20     inches.  It isn't askew.
21    He then, sometime around -- you can
22     turn it off.  Thanks.
23    Sometime around 9 O'clock, I think its
24     9:03, he calls Sydney, tells her congratulations, you
25     did a great job.  And then it's about this time, about
26     9:00, 9:10 that O.J. had noticed that Kato had left
27     the jacuzzi on.
28    He's upstairs and the back of his --
 1     why don't you put that on?  (Referring to monitor)
 2     From the back of his bedroom upstairs, you can look
 3     right down on the pool and you can see the pool, the
 4     jacuzzi adjacent to it.  I have a kind of diagram here
 5     and he looks down and he sees that the jacuzzi is on.
 6     O.J.'s bedroom is here, jacuzzi is here.
 7  So O.J. looks down.  He says that he
 8     walks down to Kato's room.  Now, O.J. 's main house is
 9     this area where my hand is.
10  And then there is this area where this
11     was, where Kato's room was and Arnelle used this room.
12     There's a wing that goes back beyond to the -- to the
13     east of the house that has two bedrooms and a couple
14     of baths and there's a little office in it as well.
15    It adjoins the house and you can get
16     into the these adjoining rooms from the house.  But
17     when Kato is living there, and you can block it off
18     right here so that the guests can't get into your
19     house and have access into the main house.
20    And so after, and Kato by now was
21     residing at O.J.'s.  And you'll recall, ladies and
22     gentlemen, that Kato had moved in in January of 1993
23     with Nicole in the back house that she had at Gretna
24     Green after he kind of asked if he could move in there
25     in January of 1993.  Well, he remained there until
26     Nicole left, left take Gretna Green house at the end
27     of the year of '93.
28  And then, he had asked Nicole if he could
 1     live with her on Bundy and Nicole and O.J. had a
 2     conversation about that and O.J. didn't think that was
 3     a good idea.
 4  He's a young man with his wife who's
 5     unmarried and his kids there and he said, I don't
 6     think that's a good idea.
 7  So he says to Kato, look, you can have a
 8     room back in that back wing because nobody's living in
 9     there and its just unused.  And Kato immediately
10     snapped that up and abandoned Nicole.  And the reason
11     that I say abandoned is because you'll hear from Kato
12     that he, Nicole, didn't want him to move in there at
13     all.
14    And Nicole, at that time, was sure that
15     she was going to move back in.  This was that
16     reconciliation period and she did not want Kato there.
17
18    So what happens is the minute Kato
19     finds out that O.J. Simpson isn't going to charge him
20     rent, he drops Nicole like yesterday's newspaper.  And
21     he and Nicole are never friends again.  Nicole tells
22     him, don't move in there.  Don't stay there.  And in
23     fact, when Nicole would come over in the spring of
24     1994 to take the kids swimming, she'd call up and have
25     the housekeeper make Kato leave the property before
26     she'd come over.
27    But in any event, Kato was there
28     certainly on June 12, 1994.
 1    And O.J. goes down, as I suggested, and
 2     tells him, look, you have got to be a little careful
 3     with the jacuzzi and turn it off because the thing
 4     keeps bubbling and the heater and all of that.  So he
 5     then goes back up to his room to get some money
 6     because he's going to go get a hamburger and he's
 7     going and he's hungry.
 8    So he after he had left the recital,
 9     and turned down an invitation by Judy Brown to go to
10     the Mezzaluna -- To go to dinner, he didn't know where
11     they were going cause Judy Brown invited him to go to
12     dinner.  He didn't want to go.  He did not want to
13     rekindle there any of the problems that he and Nicole
14     had.
15    At any event, he hasn't had any dinner.
16     It's    9 O'clock in the evening.  It's 9 O'clock in
17     the evening on June 12, 1994.  He had gone back down
18     after he originally saw Kato, he -- when he got back
19     upstairs, he saw that all he had was 100 dollar bills.
20    Now you're going to here that hear O.J.
21     Simpson, unlike you and I, carried around a lot of
22     cash.  In fact, when the police asked Lee Brown if he
23     carried around a lot of cash Lee Brown says he always
24     has an enormous amount of cash, 5 to 12,000 dollars at
25     all times.
26    So O.J. just had hundred dollar bills.
27     So he goes down to Kato's room, back down and says to
28     Kato, can you break 100 dollars.  Kato did not have
 1     change for 100 and gave O.J. 20.
 2    In that conversation when he asked him
 3     about -- when he asked him about changing the 100
 4     dollars, O.J. said, I need it because I've got --I
 5     want to go get a burger and I need a couple of bucks
 6     for the ski cap.
 7    Long and short of the story is that
 8     O.J. is walking back into the house and Kato says, can
 9     I go with you to get a burger.  O.J. said sure.  They
10     get in O.J.'s car about 9:10 on the evening of the
11     12th and they drive to 26 and Santa Monica where
12     there's a McDonald's, go through the drive through
13     O.J. gets his burger.  Kato gets whatever he's going
14     to eat and they come back.
15    They get out of the car and O.J. had
16     eaten his burger.  On the way back and he's kind of
17     not -- he went in the Bentley, the black Bentley
18     because by now, the Bronco is out around the corner
19     outside on Rockingham.  So he eats the burger on the
20     way back.  He's cleaning out the lettuce.  Kato's
21     says, basically, he said have a good trip.  Kato
22     starts on the back side going back to his house which
23     is around -- not his house, his room, I apologize.
24     But the Bentley is here.  It's here in this little cut
25     out in the driveway.  And O.J.'s sitting here,
26     knocking the lettuce out of it and Kato walks around
27     this way and he's got to go in this path around here
28     and then there's the pool area and his place is back
 1     over here.
 2    So O.J. then goes back in and enters,
 3     this is the kitchen entrance and enters his house
 4     through the kitchen.
 5    Now, we know that it is approximately
 6     9:35 and we know that because of the call that Kato
 7     makes, the minutes he gets back at 9:37.  O.J. fusses
 8     around in the kitchen for awhile, picks up his cell
 9     phone and walks through this door and there's a button
10     right there into the garage.
11    And he wants to try to find if he can
12     get a sand wedge because he's just been given a new
13     set of golf clubs, and O.J. has an immense amount of
14     golf clubs.  He's just given new sets of golf clubs.
15     He wanted a particular sand wedge.
16    As you golfers know, the sand wedges
17     don't come in a set.  And not only that, if you have a
18     particular one that works, mine never does, but if you
19     have one that works, you kind of want to keep it.
20    In any event, he goes out into the
21     garage and the golf clubs are on this side of garage
22     the north side of the garage, looks for a sand wedge
23     and can't find it.
24    So he picks up a three wood and thinks
25     he may take that to Chicago with his cell phone, walks
26     out and opens the trunk of his Bentley.  O.J. has golf
27     clubs in the Bronco.  He has golf clubs in the
28     Bentley.  He has golf balls in the Bentley.  He has
 1     golf balls in the Bronco.  He's an avid golfer.  And
 2     he finds a pitching wedge which you golfers know is
 3     not quite as angled as a sand wedge, and takes it out.
 4     There's some golf balls in the back of his car, puts
 5     them down right here on the lawn and chips a few out
 6     towards Rockingham.
 7    Now, it's dark.  There's no question
 8     about it.    O.J. inveterately chips golf clubs and
 9     has a golf club in his house.  He chips out toward
10     Rockingham a couple of shots just half shots.  Then he
11     chips a couple full hits over the tee here onto the
12     lawn, perhaps back here.
13    He then skulls one.  And what that
14     means is that if you take a golf ball, your supposed
15     to hit the club underneath it.  If you hit it halfway
16     up, that's a skull and the ball goes pretty rapidly.
17     And he heard it hit some play equipment and decided
18     that he better quit.
19    So he takes the pitching wedge that he
20     had, puts it back into the trunk of the car and wants
21     to see if he's got any clubs with that sand wedge is
22     in the back of his one Bronco, a control box here.  He
23     owns the gate.  He goes out, his dog goes out with
24     him.  The dog goes across the street, does his
25     business.  O.J. waits for him and now this gate over
26     here on the Rockingham gate is on a timer, opens and
27     closes.
28    By now it's closed.  He walks around,
 1     comes back in the Ashford side because one gate is
 2     usually off, it was then, was off of the hydraulic
 3     controls, pushes it open and walks in, puts the three
 4     wood that's carried around with him found in golf
 5     clubs in his Bronco that he could use back in the
 6     garage.
 7    Now, when he's out here, chipping golf
 8     balls and just after he takes the pitching wedge out
 9     of his trunk of his car, he calls Paula again on his
10     cell phone that he picked up in the kitchen.  And he
11     calls her.  Nobody's home and he leaves a message on
12     her answering machine and it's 10:03.  It's done from
13     right here.  (Indicating to diagram).
14    O.J.'s cell phone is like a lot of
15     people have and that is there is a device in both his
16     Bentley and his Bronco where you put the cell phone
17     and you can use it for a car phone.  And when you take
18     it out of that device, you can use it as a portable
19     phone.  And so he was right there when he called Paula
20     at 10:00, 10:30.
21    Now, after O.J., and I'm going into a
22     lot of detail and I apologize for this detail, but the
23     reason I'm going into this detail is my worthy
24     advisari said Mr. Simpson has no alibi for an hour and
25     20 minutes and I want to tell you what he was doing.
26     But you can listen to what he was doing from his
27     testimony right here.
28    But after he had gone back, put the
 1     three wood back and gone back in the house, he then
 2     goes upstairs, packs a little, reads a little bit and
 3     then looks at his watch or the clock in the room and
 4     finds that it's 10:30 to 10:35 on the night of the
 5     12th.
 6    Now, O.J. was, and is a bachelor.  He
 7     lives alone.  The hazards of being a lawyer.
 8     (Referring to diagram falling.)
 9    MR. BAKER:  As I said O.J. was, and is a
10     bachelor.  He wasn't married then and lives alone.  He
11     doesn't have somebody to vouch where he is when he's
12     home alone and he doesn't have anybody to vouch to him
13     for 24 hours.  For example, he couldn't have had
14     anybody say the night before, the afternoon before
15     when he was home on Saturday, the 11th, there was
16     nobody there.  I mean Kato was in and out but Kato was
17     not a close compadre of O.J. Simpson.  He doesn't have
18     anybody that's always there with him.
19    In any event, ladies and gentlemen,
20     it's 10:30, 10:35.  He's been reading a book, watching
21     television and he looks and says, you know, it's
22     getting late.  My limo driver is going to be running a
23     little bit late, I guess.  But he goes to the
24     bathroom, jumps in the shower.
25    While's he in the shower, he hears the
26     phone ring a couple of times once, twice, don't recall
27     and doesn't get out of the shower to answer it.
28  Because he knows it's the gate because it
 1     has a particular ring and he can see through the
 2     shower door on the phone.  I believe he can see that
 3     it's the line for the gate and his regular driver Dale
 4     St. John let's himself in.  He's picked up O.J. for
 5     years.  He knows how to get in the house.  O.J.'s
 6     totally unconcerned.
 7    So after he finishes the shower, he
 8     packs a little more and concludes that he's gotten a
 9     particular golf outfit out of his closet and can't
10     recall if he got his golf shoes.
11    So he goes downstairs and checks to
12     ensure that the golf shoes are on -- are in the golf
13     bag which has a travel cover on it.  And let me just
14     back up, and I apologize for this, but what happened
15     when he brought his golf back bag in, he then put a
16     travel cover on it.  For you golfers, non-golfers what
17     that is there's a canvas cover that covers the entire
18     bag and so you can, when they throw it in the
19     airplane, your bag isn't open and somebody can't take
20     clubs or anything out of it.  And it is very loosely
21     fit around the golf bag so you can put a lot of stuff
22     in it, and O.J. did.
23    He had put into that golf bag, well,
24     his golf shoes and he went downstairs with a suit bag.
25     Some of this luggage is kind of confusing, but let me
26     try too explain it to you this way.
27   O.J. had a followed over what has been
28     known as Louis Vitton bag.  He had what he calls a
 1     grip, I call a leather duffel bag.  He had a small bag
 2     with golf balls in it.  This is ultimately and he had
 3     a suit bag.  Now, he takes the suit bag 'cause he
 4     carries that on the plane because he knows the next
 5     night he's got to go to a dinner and he doesn't want
 6     to have a wrinkled suit after the celebrity golf thing
 7     that Hertz is putting on -- on the 13th.
 8    In any event, ladies and gentlemen, I
 9     don't want to confuse you, he goes downstairs with his
10     suit bag unzips his travel cover on his golf bag, sees
11     that the shoes that he wants are in there and closes
12     it back up.
13    He then goes at this time as he is
14     going back, he is seen by a Allan Park.  It is 10:57
15     and we know that from the phone records of Allan
16     Park's cell phone call.
17    Now, he goes upstairs at that point in
18     time, completes getting dressed, comes back down.  His
19     golf bag is gone.  It's in the back of the car with
20     his Louis Vitton bag and his grip.  He checks his grip
21     to see whether he's got all of the cell phone
22     components.
23    And by that, he had his cell phone but
24     his cell phone, like all the portable cell phones, has
25     a case and a charger and he needed the case and the
26     charger.  And contrary to what you heard yesterday, he
27     then wants and does go out to the Bronco over on
28     Rockingham and gets the case and the charger for his
 1     phone comes back by the Bentley, picks up a wind
 2     breaker, a little bag full of golf balls and was over
 3     to the limousine.
 4    When he's walking back to the
 5     limousine, he hears the driver and Kato's talking
 6     about noises.  These thumps you will -- that you've
 7     heard so much about and O.J. doesn't know what they're
 8     talking about.  He heard it when he came down, but he
 9     didn't pay much attention to it.
10    So now Kato seems to be somewhat
11     agitated about these thumps and he got a little pen
12     flashlight and O.J. says, to the driver, "do you have
13     a flashlight light?"  He said no.  So O.J. says,
14     "well, let's go into the house and get a flash light."
15    So they go into the house to get a
16     flashlight.  O.J. takes a drink of water and looks and
17     sees that he is bleeding.  He has a small drop.  He
18     looked at the counter, there was some blood on the
19     counter and he took a napkin or paper towel, I don't
20     know which, wiped it off and -- 'cause he saw another
21     drop of blood on his finger.
22    And then he sees in the kitchen that
23     it's after 11 O'clock.  He's got a 11:45 flight so he
24     says to Kato, I've got to go.  I have to.  You lock up
25     and I will call you from the limo and tell you how to
26     set the alarm.  And O.J. hustles out the front door.
27    This is not before, ladies and
28     gentlemen, that he had told Kato or that they'd
 1     agreed, I think he told Kato, look, we'll get these
 2     flashlights, you go around the south side of the
 3     house.  I'll go around the north side of the house.
 4    In fact that would've worked.  In other
 5     words, if they had time to do that, O.J. was sending
 6     Kato Kaelin right where Mark Fuhrman says he found a
 7     glove.
 8    In any event, it didn't work.  O.J.
 9     comes out, gets in the limo and off they go to the
10     airport.  O.J. does exactly what he said he was going
11     to do.  That is, he calls Kato Kaelin from the
12     limousine cell phone, tells him the alarm, Kato sets
13     the alarm.
14    Now, to give you the whole picture,
15     I've got to go back and discuss with you a little bit.
16    THE COURT:  I think it's time, pick a time when
17     it's convenient for you.
18    MR. BAKER:  This is the time.
19    THE COURT:  Okay.  Ten minutes, ladies and
20     gentlemen.
21  (Recess.)
22
23
24  (Jurors resume their respective seats.)
25    MR. BAKER:  I apologize for the length of this,
26     but this case is going to go for a while, and there's
27     a lot of evidence and a lot of facts that I've got to
28     tell you about.
 1  And when we broke for the last recess, I
 2     was going to chat with you a little bit about Allan
 3     Park.  And Allan Park is the limo driver.  And he came
 4     down Sunset; he turned right on Rockingham.  He goes
 5     up and hadn't really recognized the house when he
 6     drives past Rockingham, and then turns right, onto
 7     Ashford (referring to diagram of Rockingham).
 8  He turns right onto Ashford.  His
 9     testimony will be he turns the limo around and parks
10     it on the north side of the street, knows he's pretty
11     early.  It's 10:20, 10:22.  He gets out of the limo,
12     smokes a cigarette, and stays basically there until
13     about 10:40.
14  He's got the vehicle in the area on
15     Ashford.  He drives around at that point and looks
16     into the gate at Rockingham, and sees that it's
17     possibly not quite as accessible, and drives back an
18     parks the limousine with the limousine facing down the
19     driveway.
20  Now, he then -- from 10:20 to 10:40, he
21     basically out of the limousine.
22  He's then in and out of the limousine,
23     punching the intercom, while Mr. Simpson is in the
24     shower and doesn't get out of the shower.
25  Now, Allan Park, if he's here, and O.J.
26     drives his Bronco up here, is going to hear it.
27  He doesn't hear anything.  He doesn't
28     hear a door slam; he hears nothing.  And the reason he
 1     doesn't hear anything is because the Bronco is there
 2     all the time.
 3  Now, his testimony is going to be that he
 4     doesn't recall seeing any cars on Rockingham.  His
 5     testimony is also going to be that here in the
 6     driveway were two vehicles, Mr. Simpson's Bentley and
 7     another car behind it.  Arnelle's Saab wasn't there.
 8     She didn't get home until 1 o'clock that morning.  It
 9     wasn't there when he was there.
10  But he'll testify he recalls seeing it.
11     And he testified that it's an innocent mistake of
12     recollection that it was here.  And he testifies even
13     though his car is parked on Rockingham at the time and
14     he didn't recall seeing one, one car from Sunset down
15     to Mr. Simpson's house.
16  In any event, ladies and gentlemen, he
17     does see, at 10:55, when he gets off the phone, Kato
18     Kaelin coming out this way.  Kato lets him in.  He
19     drives up, picks up -- puts the golf bag in the back
20     of his vehicle, and he's chatting with Kato Kaelin
21     about the thumps that Kato Kaelin heard.
22  Now, you heard read why he had from
23     Mr. Petrocelli, why Kato Kaelin heard those thumps at
24     10:50.  Kato Kaelin testified that he heard those
25     thumps at 10:40.  In fact, he was on the telephone to
26     his girlfriend, Rachel Ferrara.  She testified that he
27     asked her at 10:40 -- he asked her at 10:40 if there's
28     been an earthquake.  And so it was at 10:40 that he
 1     heard the (counsel indicates banging noise) that he
 2     testified to in the preliminary hearing -- that he
 3     testified to in the criminal trial.
 4  As I suggested, when O.J. has gone out to
 5     his Bronco not to get the exact cell phone, the
 6     portable cell phone, but as I indicated to you, the
 7     case and the charger, and comes back around, picks up
 8     the golf bag, the little ball bag, and his -- I
 9     believe his windbreaker that he had, that he put
10     inside the golf bag, and goes back over to where the
11     limo is.
12  That's when O.J. again hears Kato and
13     Allan Park, the driver, talking about these thumps.
14  That's when he they go into the kitchen
15     and that's when O.J. notices blood on his hand, wipes
16     it off, and thinks nothing of it; goes out, gets back
17     in the limo, and heads to the airport.
18  Now, you've heard a lot about cuts on
19     O.J. Simpson's hand.
20  Well, I want to tell you, ladies and
21     gentlemen, along with the cuts and the fact that this
22     man was in some sort of rage, Allan Park didn't think
23     Mr. Simpson was in any sort of rage.  And we're going
24     to come back in a moment to the time line as to
25     whether or not Mr. Simpson could have murdered two
26     people between 10:40 and 10:45 -- as Mr. Petrocelli
27     told you about yesterday -- 10:40 and 10:45, and be
28     seen back in his driveway at 10:55.  But I'm going to
 1     get back to that in a moment.
 2  What happens is that after he's in the
 3     limo and he goes to LAX, he is seen by a couple of
 4     people as he gets out of the vehicle, a
 5     Michael Gladden and a Michael Norris.  And you will
 6     hear their testimony.  O.J. is calm, cordial,
 7     friendly.  In fact, I believe the evidence will
 8     indicate that Michael Gladden had asked him for an
 9     autograph.  He started to the gate and then remembered
10     that he hadn't given Gladden an autograph, turned
11     around, gave him an autograph, and then went on to the
12     gate.
13  Now, those people will tell you that
14     Mr. Simpson's demeanor was cordial, calm, warm, nice.
15     They will tell you he signed and the autographs for
16     them, ladies and gentlemen.  He had a pen in his hand;
17     he had no cuts, not a cut on his hand.
18  He gets in the airplane, and in the
19     airplane is a fellow by the name of Howard Bingham
20     Now, Howard Bingham was Mohammed Ali's personal
21     photographer, and he'd known O.J. for years.  And
22     Howard Bingham approached, and he came up and talked
23     to O.J. in first class.  And he said -- and he'll
24     testify he was warm, he was cordial, he was nice, like
25     he always is.  He did not have a cut on his hand.
26  Steve Valerie, sitting across the aisle
27     in the same row as O.J. Simpson -- by the way, he
28     wasn't asleep; the whole first-class section is not
 1     asleep.  He notices O.J. interacting with all the
 2     other passengers.  And he is more inquisitive because
 3     he is looking at O.J.'s hand for a Super Bowl ring.
 4  Now, O.J. was inducted into the National
 5     Football League Hall of Fame, but O.J. never played in
 6     the Super Bowl, neither for Buffalo nor for San
 7     Francisco ever played in the Super Bowl during the
 8     time that O.J. was a member of the team.  So he was
 9     looking at his hands.  He saw absolutely no cuts.
10  Wayne Stanfield was the captain of the
11     American Airlines flight that night.  He heard O.J.
12     was on the plane, so he comes back out of the cockpit
13     after they're airborne and talks to O.J.  Again, warm,
14     cordial, very nice, like he always is.  No cuts
15     whatsoever on his hands.
16  The plane touches down in Chicago.  And
17     Jim Merrill, an employee of Hertz, had been designated
18     to pick up O.J. early in the morning.  This is a
19     red-eye -- O.J. had taken a red-eye because he wanted
20     to be at his daughter's recital.  He knew he had to be
21     in Chicago for Hertz.  That's part of what he did for
22     a living.  So he had taken this red-eye.
23  And it's 6 o'clock in the morning,
24     basically, in Chicago.  And Jim Merrill picks him up.
25     O.J. is normal, cordial, was through the airport.  He
26     had checked his fold-over Louis Vitton bag; he checked
27     his golf clubs.  They waited for the clubs.  Jim
28     Merrill says there wasn't a cut on his hand; he was
 1     nice to everybody, warm, cordial.
 2  Then they go to the hotel.  O.J. Simpson
 3     dropped off in the early morning hours, as I said,
 4     goes into the lobby, signs autographs when people see
 5     him.  The clerk at the desk sees O.J. sign autographs.
 6     He does not have a cut on his hand.
 7  Then, he goes upstairs to his room and
 8     goes to bed, to get a few hours' sleep before he's got
 9     to get up and be transported back to this golf course
10     to play golf all day long, then attend a banquet that
11     evening.  That's the plan; that's what he was there
12     for; that's what Hertz pays him for.
13  He is awoken at about 8:30 Chicago time,
14     6:30 our time, and he's told that his former wife is
15     dead; she's been killed.  And he is absolutely
16     distraught.  The police won't tell him how; they won't
17     tell him what happened.  He asks about his kids.
18     They've been taken to the police station.  He is
19     exceedingly upset.  He's distraught.  He doesn't know
20     what to do.
21  He calls Cathy Randa, his assistant.  He
22     calls Leroy Taft.  Leroy Taft is his manager, his
23     friend, his lawyer.  And he says, I have got to get
24     back to LA.  I've got to bet back to LA.  And he's
25     making calls an he's rushing, between trying to pack
26     his toiletries, and he's rushing between the phone,
27     which is by his bed, and the bathroom, and he cuts --
28     Breaks a glass.  You'll see pictures of it there.  The
 1     Chicago police went in afterwards, took pictures of
 2     it.  You'll see the bloody towel.  And he is rushing
 3     back and forth, and he cuts his hand on the middle
 4     finger of his left hand with the glass.
 5  And he is frantic.  He calls Jim Merrill,
 6     the guy who picked him up the night before.  He
 7     doesn't know if Jim Merrill lives five minutes or 45
 8     minutes or 55 minutes from the airport, but he does
 9     know -- because he called downstairs, contrary to what
10     Mr. Petrocelli says -- he does know there are no cabs.
11     He then is frantic, calls him back for the car.
12     You've got to get here.  I've got to get back to Los
13     Angeles.
14  Within 65 minutes of being told that his
15     wife, former wife has been killed, the mother of his
16     children, he's on an airplane back to Los Angeles.  He
17     goes down into the lobby area of the hotel, and in
18     the lobby area of the hotel, he asks the clerk for a
19     band-aid because he cut his finger.  She sees it at
20     that time, not the night before, not a few hours
21     before, and he gets on the airplane.  And he sits next
22     to a fellow by the name of Mark Partridge.
23  Mark Partridge is an attorney.  O.J. --
24     again, he's frantic.  Again -- let me go back.  I
25     missed something, and it's important.  I want to tell
26     you about it.
27  Jim Merrill has testified that the O.J.
28     that called him the morning of the 13th was a far
 1     different O.J. Simpson than he picked up a few hours
 2     before.  He was agitated; he was totally distraught.
 3     He didn't know what to do.  He couldn't react; he was
 4     grief-stricken.  So he gets -- as he comes down -- and
 5     I missed this, too -- he comes down, and another Hertz
 6     employee, by the name of Raymond Kilduff, had come
 7     into the hotel, and he had dropped off some other
 8     people who were going to be transported out to the
 9     golf tournament that same day.  And O.J. asked him
10     frantically if he could give him a ride to the
11     airport.
12  And Killduff will testify that O.J.
13     Simpson was agitated, he was upset; he just was beside
14     himself.  And he's the guy that took O.J. to the
15     airport.
16  And Cathy Randa, his assistant, had
17     gotten him two flights, because she didn't know if he
18     could get out there quick enough.  And he had one
19     flight, then he had another one, I think, 40 minutes
20     later that he was booked on.  And I don't want to
21     dispel the idea of the golf clubs and his
22     consciousness of guilt here.
23  What the evidence is going to show,
24     ladies and gentlemen, the evidence is going to show
25     that O.J. Simpson, when he got to the hotel in the
26     early morning hours of the 13th, left his golf clubs
27     in the car that Jim Merrill had picked him up in.
28  When he found that he could make the
 1     early flight and get back, he didn't wait for his golf
 2     clubs.  He didn't wait for Jim Merrill, who was on the
 3     way with his golf clubs in the trunk.  He grabbed, as
 4     any human being would after being told your wife --
 5     former wife has been murdered, the mother of your
 6     children has been murdered, took the first available
 7     vehicle he could find to get to the airport he didn't
 8     care about his golf clubs.
 9  So he gets back to the airport.  As I
10     said, he's seated just next to Mark Partridge, an
11     attorney.  And O.J., again, is just distraught -- and
12     Mark Partridge has testified to this -- he is upset;
13     he is crying.  He is on the airplane.  He didn't know
14     what to do.
15  He calls Kato a couple of times.  The air
16     phone cuts off.  He calls Cathy Randa.  He calls Skip.
17     He is trying to find out what had happened to Nicole,
18     and he can't find out.
19  Now, he arrives at LAX.  He didn't check
20     his bags coming back; he carried -- he took his suit
21     bag, pulled it into his fold-over bag, had his
22     fold-over bag and grip bag.  That's what he had coming
23     back.
24  He gets out of LAX on the 13th, and now
25     this event, the murders of June 12, 1994, becoming
26     big, big media business.  They are everywhere.  But he
27     gets out of the airport; he gets into Skip Taft's
28     automobile.  He's got his grip in one hand and he's
 1     got his Louis Vitton he throws in the back seat, I
 2     believe, with Cathy Randa and Skip Taft, and he goes
 3     directly to Rockingham.
 4  When he gets to Rockingham, it is in the
 5     morning, right around noon, I think, somewhere about
 6     there, our time.
 7  The crime scene is roped off with yellow
 8     tape, like that stuff sticking outside on the doors,
 9     or just on the side of the doors.  And he has this
10     black duffel bag, slant grip, as he calls it, in his
11     hand.  And Cathy Randa gets out of the car and takes
12     his fold-over Louis Vitton with him.
13  Well, they let O.J. and Skip Taft into
14     the estate.  They won't let Cathy Randa in; she's not
15     a lawyer.  This is a crime scene.  They let Skip in
16     because he is O.J.'s lawyer.  She's standing from --
17     with this grip.  She offers it to the police, this
18     fold-over Louis Vitton bag.  They wouldn't take it.
19     She says, take it, put it in the house, or take it.
20     They wouldn't do it.
21  Simultaneously to that, Bob Kardashian
22     had heard that O.J. was coming back to his house.  He
23     heard on the news this horrible event, and he changes
24     direction and goes to O.J.'s house.  He pulls up in
25     his car, and there's Cathy Randa standing outside,
26     because when Skip, as I recall, gets off the out of
27     car, he locks it.  She can't even get back in the car;
28     she is standing there.
 1  You'll see a tape of them hugging and her
 2     handing Bob Kardashian the fold-over, if you will,
 3     Louis Vitton bag, and he throws it in his car.
 4  And the police do not ask for that piece
 5     of luggage for months.  And when they ask for it, it
 6     is immediately given to them.
 7  And I want to tell you, ladies and
 8     gentlemen, this is a test.  It's a presumptive test.
 9     And what it is -- you'll hear the word Luminol
10     possibly throughout this case.  It will have a lot --
11     be repeated over and over again to you.  But there is
12     a chemical called Luminol.  You can put it on
13     something, and it's a presumptive test for blood.  In
14     other words, if you cut your hand and you put Luminol
15     on it, it turns blue; you can see it.  What it really
16     does is, as I understand it -- I'm certainly not a
17     chemist -- is, it recognizes, if you will, oxidation.
18  So, in any event, that bag was thoroughly
19     tested by the Los Angeles Police Department, and you
20     can determine if this test and others, if an item has
21     ever had blood on it.  Inside, outside, you can
22     determine that.
23  That Louis Vitton bag had never had blood
24     on it at all.
25  They did that test to the golf bag, as
26     well.  Never blood on it at all.
27  In any event, to continue on with the
28     chronology, O.J., the minute he gets into his estate,
 1     is handcuffed.
 2  And then he has walked over by the street
 3     tree and Phil Vannatter, has the handcuffs removed.
 4     And they chat.
 5  Now, Howard Weitzman, also a lawyer, was
 6     there.  The reason that Howard Weitzman was there in
 7     the estate when O.J. Simpson got there is because of
 8     Mark Partridge, the attorney I told you about that sat
 9     next to O.J. on the flight out.
10  During the communications with Mark
11     Partridge and O.J., O.J. had told him, "The police
12     want to talk to me."
13  And Partridge said, "You better have a
14     lawyer there."
15  Skip Taft is a lawyer; he's a business
16     lawyer.  He's O.J.'s manager and a business lawyer;
17     he's not a criminal lawyer.
18  Howard Weitzman was called.  Howard
19     Weitzman was a lawyer.
20  So Vannatter says to O.J., "I want to
21     take you downtown and I want to ask you some
22     questions."
23  Now, O.J. is still standing there with
24     this grip.  O.J. says, "Fine, we'll gone downtown
25     now."  Here's a man that's had two hours' sleep in the
26     last 36 or whatever it is, 40 hours, going downtown to
27     be interviewed.
28  They are going downtown, and John
 1     Vannatter and Lange put O.J. in the police car, and
 2     have his lawyers, Skip Taft and Howard Weitzman, drive
 3     downtown to Parker Center in a separate car.
 4  When they get down there, Vannatter says,
 5     "Look, I don't think you need a lawyer.  We can do
 6     this interview without you having an attorney
 7     present."
 8  And O.J. doesn't have anything to hide;
 9     he agrees to that, says that's fine.
10  You will hear the interview that was done
11     on O.J. Simpson at about 2 o'clock in the afternoon of
12     June 13, 1994.  Now, that interview is recorded, and
13     O.J. is tired.  You will hear him tell the police
14     about having the cut and the drop of blood that I told
15     you about after he came back from getting the case and
16     charger to his phone from his Bronco.
17  You will hear O.J. Simpson tell him about
18     cutting his finger in Chicago; it's in here.
19  You will hear O.J. Simpson say he doesn't
20     know what's going on.  You will hear him ask Vannatter
21     and Lange and tell them he's been asking for hours for
22     you guys to tell me what's going on.  You won't do it;
23     you say you'll tell me in a little bit.
24  And they don't tell him.
25  They say, we've got two killings here,
26     and O.J. doesn't know how those killings occurred.  He
27     says, I've got guns at my house.
28  Go get the guns.
 1  Knowing those guns hadn't been fired,
 2     they said, "O.J., we've got a problem here.  There's
 3     blood at your house.
 4  He said, give me a blood test.  Give me a
 5     blood test.
 6  Consciousness of guilt?  Consciousness of
 7     innocence.
 8  Why would he let them take his blood?
 9     Why would they let him interview him without a lawyer?
10     Why would he let them ask him about --
11    MR. PETROCELLI:  Objection.  Argumentative.
12    THE COURT:  That's sustained.
13    MR. BAKER:  Consciousness of innocence.
14  So they finish taking his statement at
15     about 2:30 in the afternoon of the 13th, and then they
16     take O.J. up on his offer to take blood, and they go
17     down and they have this nurse, LAPD nurse, Spano
18     Peratis, takes his blood in a syringe that's duly
19     marked per CC boom, boom, boom on the syringe.
20  He testifies under penalty of perjury
21     now, at the preliminary hearing, when this --
22     everybody knows this is a high-profile case of
23     importance that's televised.  He testifies.
24  "How much blood did you take,
25     Mr. Peratis?"
26  "7.9 to 8.1 cc's."
27  There's no doubt that's what he testified
28     to.  So let's just round it off at eight cc's of
 1     blood.
 2  And they release O.J. Simpson.  And O.J.
 3     Simpson goes to his office because he can't go home;
 4     they still have it quarantined off as a crime scene.
 5     And then he goes to his office, and he ultimately goes
 6     to his house.
 7  And you've heard from my worthy
 8     adversaries.  I've heard them say that O.J. said to
 9     Kato, for example, on the night -- the evening of the
10     13th, you saw me go into the house, didn't you?
11  I'll tell you what O.J. said to Kato
12     Kaelin.  Kato was going to be interviewed by O.J.'s
13     lawyers.  O.J. Simpson said to Kato Kaelin, "Just tell
14     the truth."  That's all he said, "tell the truth."
15  And then O.J. was under the cover of
16     darkness and surreptitiously because his house had
17     become a zoo -- there were people everywhere; there
18     were cameras everywhere.  There were boom mikes; there
19     were people on ladders, trying to look into his home.
20     And so they got him out of there the next morning and
21     they got him over to Bob Kardashian's, where he
22     remained to until the 17th.
23  And O.J., of course, went to Nicole's
24     funeral on the 16th, I believe.  On the 17th, he had
25     perhaps the most outstanding criminalist in the world
26     at his house -- at Kardashian's house.  Pardon me.
27    And what O.J. had done and his lawyers
28     had done, they said to the LAPD and to the LA District
 1     Attorney's office, "We will give you the services, at
 2     Mr. Simpson's expense, of the world's best detective
 3     and the world's best forensic scientist, and let the
 4     cards fall where they may."
 5  That offer was refused by the LAPD and
 6     the LA District Attorney's office.
 7  So Henry Lee, who is possibly the best
 8     known criminalist in the world, flew out from
 9     Connecticut.  He took a bunch of pictures of
10     Mr. Simpson.  He did some presumptive tests around his
11     house relative to blood.
12  Robert Heidstra was there.  They took
13     some pictures of Mr. Simpson, showing absolutely no
14     bruises whatsoever.  None.  He had some cuts on his
15     left hand.  He had a cut where he cut himself in
16     Chicago, and he had additional cuts that he had
17     incurred since he had been back.
18  And you will hear testimony, ladies and
19     gentlemen, that O.J. Simpson was just distraught.  He
20     was under heavy medication.  He could not believe that
21     people -- that the media would accuse him of killing
22     his former wife, the mother of his children, and
23     leaving her body at the stairs so that his children
24     could find them.
25    He couldn't believe it.  And he had a
26     very hard time, and he was under heavy, heavy
27     medication.  And he wrote a note on the 15th -- and
28     let me read you the part that Mr. Brewer just failed
 1     to read to you.
 2    MR. BREWER:  That's argumentative, Your Honor.
 3    THE COURT:  Overruled.
 4    MR. BAKER:  It should -- is it there?  Would
 5     you check it, please?
 6  I'm sorry.  No, I've got it under all
 7     this paper.  I apologize.
 8  The first words that Mr. Simpson wrote,
 9     first, everyone understand I had nothing to do with
10     Nicole's murder.  Then he goes on, and it says -- I
11     guess I was wrong yesterday.  I shouldn't have said
12     it's not to be referred to as a suicide note.  It is.
13     And he thanks the people that have been his great
14     life-long friends.
15  And then on the 17th, after Nicole's
16     funeral and after these criminalists and doctors have
17     taken blood from him, after they've taken pictures of
18     him, after they found that he has no bruises, no
19     nothing, O.J. knows absolutely true knows that he is
20     going to be arrested for the death of his former wife.
21  And that did not make any difference to
22     Mr. Simpson; he was not concerned at this time about
23     an arrest or the police or whatever he was going to do
24     as far as the rest of his life.
25    He was grief-stricken.  He will tell
26     you better than I could ever tell you.
27  And you will hear from him.  You will
28     hear from him that what he wanted to do was to go down
 1     and be with Nicole, is what he wanted to do, end his
 2     life and be with Nicole.
 3  And he went down and got in the car and
 4     they went down to Laguna.  When they got to the grave,
 5     the cemetery where Nicole was buried, there was a
 6     police car in front of the entrance.  And they went
 7     down a little ways further, into an area where there
 8     was an orange grove.  And O.J. certainly more then
 9     contemplated ending his life, came very close, and was
10     talked out of it by his great friend, Al Cowlings.
11  We all need an Al Cowlings.
12  And then the most famous television saga,
13     perhaps, of our time, came back to Los Angeles.  And
14     you'll hear some descriptions.  You'll hear some cell
15     phone conversations about that very, very traumatic
16     time.
17    And you can make your own judgment if
18     Mr. Simpson was going to flee.  But let me tell you,
19     you've heard about this consciousness of guilt.
20  What was in this black grip or this
21     duffle bag?
22  Well, when O.J. returned from Chicago on
23     June 13, that bag was opened by Phil Vannatter.  He
24     looked into that bag; and there was in that bag,
25     Mr. Simpson's passport, this disguise which was never
26     used, and I mean, can you -- you know, if Mr. Simpson
27     were to use a disguise and his passport, his passport
28     photo then doesn't match what he looks like with the
 1     disguise on.  He can't go anywhere.  But think about
 2     it.
 3  He had like $8,000 on him.  And what
 4     perhaps is most important, by the way, what was in
 5     there, passport, the stuff when Vannatter took
 6     Mr. Simpson's grip from him and put it in his car, on
 7     June 13th.
 8  In fact, you'll hear on the tape, when
 9     they interview him, they talk about that grip, and
10     Vannatter will I say, it's in my car.  They had total
11     custody and control of that.  It wasn't a disguise for
12     Mr. Simpson to run and hide.  And as I mean to tell
13     you that, the things that weren't in there are
14     possibly more important than the things that were in
15     there.
16  Mr. Simpson is -- has severe arthritis.
17     He takes 800 units of Motrin in the morning and 800
18     units of Motrin in the evening.
19  There was no Motrin in there.  And this
20     isn't Motrin we can get at Payless; this is Motrin
21     that's prescribed.
22  There were no toiletries in there.  He
23     had given the money of $8,700 to Al Cowlings.  And he
24     had given it to him because he thought he was going to
25     take his life.  And this was no consciousness of
26     guilt.
27  Mr. Simpson then came back and he wanted
28     to see his mother.  He drove to Rockingham and he saw
 1     his mother.
 2  The police handcuffed him and they took
 3     him down to jail for 490 days in solitary confinement
 4     for two murders he did not commit.
 5  Is this a good time, Your Honor?
 6    THE COURT:  I take it you want a break?
 7    MR. BAKER:  I would appreciate it.
 8    THE COURT:  1:30.
 9  Please don't talk about the case.  Don't
10     form or express opinions.
11  (Luncheon Recess, 11:49 A.M.)
12
13     SANTA MONICA, CALIFORNIA; THURSDAY, OCTOBER 24, 1996;
14     1:40 P.M. DEPARTMENT NO. WEQ HON.
15     HIROSHI FUJISAKI, JUDGE APPEARANCES:
16  (REGINA D. CHAVEZ, OFFICIAL REPORTER)
17    (The following proceedings were held at
18     the
19     bench:)
20    THE COURT:  I understand you're not going to
21     finish.
22    MR. BAKER:  I'm going to finish today.
23    THE COURT:  Oh.
24    MR. BAKER:  I'm so tired of listening to me
25     standing.
26    MR. KELLY:  I'll stipulate to that.
27    THE COURT:  That's very kind of you.  Okay.
28    MR. PETROCELLI:  Based on what we indicated, I
 1     released my witnesses.
 2  (Jurors resume their respective seats.)
 3  (The following proceedings were held in
 4     open court
 5   in the presence of the jury:)
 6    THE COURT:  Everyone present.  You may resume.
 7    MR. BAKER:  Thank you, Your Honor.  Again,
 8     ladies and gentlemen, I apologize for the length of my
 9     remarks but if you think its hard listening, consider
10     talking this long.
11  Now, when we left off, we had finished
12     with my client in jail.  And I want to go back now to
13     June 12, 1994 and direct our attention, if we can, to
14     875 south Bundy, Nicole Brown Simpson and the
15     witnesses in that vicinity in an area.
16  As you may be aware, after the recital,
17     Nicole, her two children, her children and OJ's
18     children and a young lady by the name of Rachel Berman
19     as well as her mother, father and sisters went to
20     Mezzaluna for dinner.
21  They, I believe the evidence will show,
22     left there at about 8:30 and the plan was that Rachel
23     Berman, this friend of Sydney Simpson was going to
24     spend the night and so they, after they the got
25     through dinner, they went over to Ben and Jerry's.
26     They got on ice cream and then they went back to the
27     condominium at 875 south Bundy.
28    Now, they got there sometime possibly
 1     before 9 o'clock maybe it was a little after.  In any
 2     event, there is a fellow by the name of, I want to get
 3     it right here, Thomas Talerino and Thomas Talerino and
 4     his friend are roller-blading down Bundy at 9 O'clock
 5     at night on June 12, 1994.  And you'll hear him
 6     testify that as he goes by 875 south Bundy.  He sees a
 7     Caucasian or Hispanic male crouched in the bushes up
 8     by the gate.  He sees a female over to the left of
 9     that by a bicycle.  He was interviewed by the police
10     and nothing happened.
11  Eleven months later, he's reinterviewed
12     by Tom Lang, and asked specifically, is this person
13     who was in a suspicious position and he, both he and
14     his friend --
15    MR. PETROCELLI:  Your Honor, I have an
16     objection to this based on, from an order the court
17     made.  May I be heard?
18    THE COURT:  You may.
19    MR. PETROCELLI:  Thank you.
20    (The following proceedings were held at
21     the
22     bench:)
23    MR. PETROCELLI:  The court entered an order and
24     granting our motion in limine regarding this evidence
25     of other killers cause it cannot be.
26    THE COURT:  Excuse me?
27    MR. PETROCELLI:  Regarding evidence of other
28     killers, third parties because it cannot be linked up
 1     in any way to the situation in this case.  And this
 2     is -- this falls squarely within that order, Your
 3     Honor.  That's what we had moved on and that's what
 4     Your Honor granted.
 5    MR. BAKER:  Your Honor, this is totally
 6     different.  This is offered to show that the LAPD
 7     zeroed in on my client, never ever looked at any
 8     other, any other evidence.  And the people that are
 9     intricately involved, the same people that are working
10     for Mr. Silverberg and Knupp now.
11    MR. PETROCELLI:  Your Honor specifically ruled
12     on this.  This is the very sort of thing you're not
13     able to inquire about and that's what we moved on
14     because he cannot link it up in any way, shape or form
15     to any of the facts of this case.  He can't sit there
16     litigating all these clues in front of the jury.
17    THE COURT:  Not scrolling up.
18    The two motions came, the motion that
19     the plaintiff made with regard to any theories of
20     other people such as a motion had to do with theories
21     of drug lords or other people who theoretically
22     committed this offense.  That motion, I don't think,
23     covers what any percipient witness saw with regards to
24     a potential suspect.  So long as this is not going to
25     be the basis of concocting some theory of some drug
26     lord, I don't have a problem with that.
27    MR. PETROCELLI:  Your Honor, that's a different
28     motion.  Number 8 is the one that's on point here that
 1     I'm referring to that we made.
 2    THE COURT:  He has.
 3    MR. PETROCELLI:  No, right here, Your Honor.
 4     He eliciting that the LAPD did not follow up on these
 5     clues.  That's precisely what's barred unless the
 6     defendant can make an offer of proof as to what clues
 7     or leads would have produced under that case that we
 8     cited.  And what he is doing is he's pointing out one
 9     clue and he can, that's 500 of them.  That was the
10     idea of the whole motion.
11    THE COURT:  The significant difference is that
12     this is a witness on the scene at the time at or about
13     the time.  I'm going permit the defendant to go
14     further on that person to what that person saw.
15     That's different from pointing to some conspiracy
16     theory or to some other drug lord or somebody else.
17    MR. PETROCELLI:  He's gone beyond what the
18     person saw.  His point of this is what the LAPD did
19     with regard to this information, not what -- I have no
20     objection to the person's observations, Your Honor.
21     That's not what I'm quarreling about.  I'm quarreling
22     about getting into LAPD's investigation of that
23     person's information.  That's not relevant under --
24     that falls within the order.  If he wants to say what
25     Telerino saw and heard at the time of the scene, fine.
26     I've got no problem with that.  But what's the
27     relevance of what the LAPD did with regards to
28     Talerino, that doesn't go anywhere.  That was why we
 1     made this motion.
 2    MR. BAKER:  Talerino testified that all leading
 3     to OJ Simpson, that's been on the new media.  Marcia
 4     Clark had a press conference 56 hours after these
 5     murders and says there is only one suspect.  And the
 6     reason there is only one suspect is because OJ Simpson
 7     was their suspect and they excluded everybody else.
 8    I think it's relevant so have this jury
 9     understand because a big issue is being made if not
10     OJ, who?  And so I'm not saying who, but I've got to
11     say the reason that nobody can tell is because LAPD
12     with this -- and a bunch of other things, did not
13     follow normal police procedures and did a very poor
14     investigation, a very poor collection of the crime
15     scene evidence.  And obviously, what I would request
16     is that you, if you have any problems with this, you
17     can move to strike it afterwards.  I mean this is not,
18     this is not the end all to the case but this is very
19     important.
20    THE COURT:  Well, I don't want this to be your
21     wedge.  I don't want this to be the wedge by which we
22     get into the collateral theory of drug lords.  What's
23     her name?
24    MR. BAKER:  Faye Resnick.
25    THE COURT:  Faye Resnick, all of that other
26     side show.
27    MR. BAKER:  Can we --
28    MR. PETROCELLI:  My point is that Thomas
 1     Talerino can come and testify and state his
 2     observations as well as any other witness, but --
 3    THE COURT:  To the extent that Mr. Baker is
 4     trying to say that the police department focused on
 5     Simpson, to that extent, I will permit it.
 6    MR. BAKER:  Okay.
 7    THE COURT:  It's very narrow.
 8    MR. BAKER:  I understand.
 9    THE COURT:  And I'm sure then that with those
10     parameters, it is permissible.
11    MR. PETROCELLI:  For him to argue that they
12     didn't follow up on this clue --
13    THE COURT:  No, you're to argue that they
14     focused on Simpson and not on anybody else.  They
15     already made up their mind as to Simpson.  I think
16     that's the tenor of his argument.
17    MR. BAKER:  It is.
18    MR. PETROCELLI:  Well, we'll see.
19  (The following proceedings were resumed
20     in open
21   court in the presence of the jury:)
22    MR. BAKER:  As I was saying, and I apologize,
23     they're certainly entitled to make their objections.
24     I do as well.
25    But to Talerino on roller blades, his
26     friend Louis Garentino on roller blades going down,
27     south on Bundy in front of 875 south Bundy and they
28     see this Hispanic or Caucasian female crouched in a
 1     menacing position and they visualize this woman over
 2     next to a bicycle, Caucasian woman.
 3    They're interviewed by the police and
 4     very shortly after the murders occurred on June 12,
 5     1994 and never again heard from until Thomas Lange
 6     interviews them 11 months later while the criminal
 7     trial's in progress, confirms that the exact location
 8     that they're talking about with these individuals was
 9     the crime scene, 875 south Bundy.  They're never
10     contacted again by the police whatsoever.
11    At 11 o'clock, a woman by the name of
12     Donna Marshall tells the police that 11 o'clock on
13     June 12, 1994 she hears a loud argument outside of her
14     house.  It was very loud and it was very menacing.
15  She is told by the LAPD, she told that
16     doesn't fit our time line and she's never contacted
17     again.
18  Ladies and gentlemen, we'll get into what
19     the police did in this case in a minute, in terms of
20     focusing on one person, O.J. Simpson.
21  Now, you've heard, and I don't disagree
22     with the representations that were made by
23     Mr. Petrocelli relative to what was happening over at
24     875 south Bundy.  Except at 9:00 around 9:15, a
25     Mr. Robert Berman came to pick up Rachel Berman.
26  You recall I said Rachel Berman was
27     Sydney's friend and apparently plans had changed.
28     Instead of spending the night at 875, she was going
 1     home and she was picked up by her father.  Her father
 2     talked to Nicole for about 15 minutes.
 3    She wasn't afraid.  She wasn't upset.
 4     She wasn't depressed or distressed.
 5    He picked up his daughter, left.  As
 6     you've heard, Nicole called the Mezzaluna restaurant
 7     at about 9:40.  After receiving the phone call from
 8     her mother at about 9:30 suggesting that her mother
 9     had left her glasses at Mezzaluna, they found them and
10     she needed them picked up.
11    Now, Nicole, called and asked for Ron
12     Goldman.  Nicole and Ron Goldman knew each other well
13     before June 12, 1994.  And in fact, you will hear
14     Nicole's best friend from the witness stand, say that
15     they had a date that night.  That Ron Goldman was in
16     fact going to Nicole Brown Simpson's condo that night.
17    And you will further hear that there
18     were plenty of parking spaces in front of Nicole Brown
19     Simpson's condominium on Bundy at 10:15, 10:20,
20     whenever he got there, but he parked around the corner
21     in his girlfriend's car and down the street.
22    You will then hear this Robert Heidstra
23     and -- bless you -- I sit up here and talk for long
24     periods of time.  I definitely try not to but I make
25     some mistakes.  I said on the 17th, I mentioned the
26     name Heidstra and it was actually Dr. Huizenga.
27     Robert Heidstra is the witness who heard the hey, hey,
28     and hey and the clanging of the gate at 10:40, 10:40
 1     at night.  That's when he heard hey, hey, hey, and
 2     that's when he heard the clanging of the gate.
 3    And he says, and he will testify here.
 4     He's very, clear on it, that he saw a sports utility
 5     vehicle.  He saw a sports utility vehicle about 10:45,
 6     10 minutes before Mr. Simpson is seen outside his home
 7     by Allan Park.
 8    He sees him standing about right here
 9     at 10:45 and he sees a sports utility vehicle and a
10     couple of other cars (Indicating to diagram labeled
11     map of Bundy area).  And they go.  It's kind of an
12     easterly direction and down south towards Wilshire.
13     Mr. Simpson's home, if you are in a hurry to get back
14     and Mr. Simpson knew that he was being picked up by a
15     limousine driver on June 12, 1994, the quickest way to
16     get to Mr. Simpson's house is to go up toward San
17     Vincente, take it over to Cliffwood or Rockingham or
18     Bristol and go up.  You're going, in exactly the
19     opposite direction if you go south on Bundy.
20    And that's -- Mr. Petrocelli didn't
21     quite mention that the car comes and turns this way
22     and goes away from Mr. Simpson's estate.
23    And not towards it.  Now, the
24     chronology and the time relative to the finding of the
25     dog, I agree with Mr. Petrocelli, I think the evidence
26     will indicate that Steve Schwab, about 11 o'clock,
27     finds the Akita with blood on its paws, meaning the
28     murders have to take place somewhere in the
 1     neighborhood of 10:45 to 11 o'clock in that range,
 2     perhaps.  But if he finds the dog at 11 o'clock with
 3     blood on his paws, we can assume that the murders have
 4     taken place.
 5    Then, the dog is transferred to Sukru
 6     Boztepe and his wife at approximately midnight, 12:10.
 7     They are walking the dog back.  They look up Bundy,
 8     there's a street light.  There is a river of blood
 9     going down the walk to the sidewalk adjoining her
10     house on Bundy.
11    And ladies and gentlemen, at that time,
12     the police are called and at that time, the police get
13     into the events of June 12, 1994.
14    Now, I want to go back for a moment, by
15     the way, the car that Ron Goldman parked was down here
16     that night of June 12, when he could have parked up
17     here.  And that's a few houses.  That's not to scale.
18    I want to talk a little bit about
19     something that obviously has some sensitivity to it,
20     but we've got to talk about it because it's the
21     evidence, and that is the actual murders themselves
22     and the evidence created by the murders.
23    At 875 south Bundy, you go up a walkway
24     from the sidewalk.  It's 18 feet, nine and a half
25     inches to the steps but very -- and could you put that
26     up Phil -- Very near the steps (Indicating to view.)
27    It's a gate.  And these are
28     descriptions of where the bodies were actually found.
 1    These, and it's hard, it's difficult to
 2     see, are steps.  The back of Nicole's buttocks is
 3     basically very close to the first step.  The body, her
 4     body, the buttock on the body.
 5    This gate, as you can see, the dotted
 6     lines arcs out and opens.  It is a gate, ladies and
 7     gentlemen, that you can open from a buzzer inside.  I
 8     believe the evidence will indicate that after the
 9     earthquake in January of '94, sometimes it didn't
10     work.  You'd have to come out and open it.  In any
11     event, you've heard Mr. Petrocelli indicate to you
12     that Mr. Goldman was attacked, basically, after Nicole
13     Brown Simpson was dead.
14  The evidence in this case, the physical
15     evidence in this case --
16    MR. PETROCELLI:  Your Honor, I'm going to
17     object because he misstated my statements.  I never
18     made those statements about sequence of deaths.  Move
19     that it be -- I object to it.
20    THE COURT:  If that's not what you said, then
21     sustained.
22    MR. PETROCELLI:  Thank you.
23    MR. BAKER:  I think it is.  In any event, I'll
24     move on.
25  What had to have happened, ladies and
26     gentlemen, and we know from the physical evidence what
27     had to have happened, is that Ron Goldman was inside
28     the gate.  He was inside the gated area.  This is only
 1     a couple feet.  Inside the gated area when the
 2     attackers, and I say attackers --
 3    MR. PETROCELLI:  This is argument, Your Honor,
 4     I object.
 5    THE COURT:  Sustained.
 6    MR. PETROCELLI:  No witnesses.
 7    MR. BAKER:  He was -- I apologize.  He was
 8     inside the gate and blood transferred from Nicole,
 9     there was blood 14 separate stains on Nicole's clothes
10     consistent with Ron's -- With Ron Goldman's blood.
11     And I believe three stains on his clothing consistent
12     with Nicole Brown Simpson's blood.  Which means they
13     had to have interacted.
14    In fact, ladies and gentlemen, right
15     about where this 8 appears, that's where the envelope
16     containing the glasses of Judy Brown was found.
17    Now, the evidence will suggest,
18     indicates it's between the two and there is also,
19     these are is a metal fence and it has rungs about four
20     and a quarter inches a part.  There is blood evidence
21     all along these rungs.  There's a hole right where the
22     14 appears.
23    There is blood all along this area.
24     There is a beeper outside on the other side of this
25     fence area.  The cap and glove, interestingly enough,
26     there's a little bush right here.  They're like,
27     they're placed right next to each other, right by his
28     feet.  There's also some keys underneath here.
 1  Ladies and gentlemen, there was a
 2     horrible struggle that took place within this very
 3     closed in area.  And it took place, you will hear the
 4     testimony, for ten to 15 minutes.  And there were 30
 5     knife wounds in Ron Goldman.  He tried valiantly to
 6     stay alive.  And he had knife wound on his hands, his
 7     arms, he had knife wounds into his abdomen.  He had
 8     two knife wounds into his chest and thorax.
 9  He was -- did not, like any of us, want
10     to die.  He struggled.  You will hear that there, and
11     see that there was blood down his front of his pants
12     from the wounds in his chest.  Meaning that he had
13     been upright after the knife fight ensued.  They were
14     over here.  There is a puddle of blood indicating that
15     he was upright over there.  There is, ladies and
16     gentlemen, a cut fresh cut on the boot that Ron
17     Goldman was wearing, I believe on his left boot
18     consistent with trying to kick at the attacker.
19    And as far as Nicole Brown Simpson, as
20     Mr. Petrocelli indicated to you yesterday, she had her
21     throat slit and her carotid arteries were severed.
22    It's very close anatomically to the
23     heart.  It produced blood that gushes.  There was
24     blood every where.  You will hear evidence that the
25     attacker had to be covered in blood.
26    Now, the attackers, this is double
27     murder, this heinous act took between 10 and 15
28     minutes and then there is bloody footprints at the
 1     scene and there's these Bruno Magli shoes, and I'm
 2     going to talk about those Bruno Magli shoes in some
 3     detail.  But first you want to switch that off,
 4     please?
 5    Let me talk to you at 12:20 is when
 6     Officer  Riske, I believe, arrived and about 10
 7     minutes later.
 8     Sergeant Martin Coon arrived to secure the crime
 9     scene.
10    I want to talk to you a little bit
11     about what the evidence will be in the fundamental
12     steps to investigate a crime scene.
13    The first thing you have to do is to
14     recognize what is evidence.  Then you have to proceed
15     to collect and document that evidence.  The third
16     process is the preservation of the evidence, and the
17     fourth is the interpretation or analysis.
18    Those steps, especially the steps of
19     recognition are vitally important to any crime scene,
20     in any crime for two very, very significant reasons.
21     One, is if you don't recognize the evidence and
22     preserve the evidence, you can jeopardize a
23     prosecution 'cause it's never collected.  Those
24     mistakes at the beginning of the investigation of a
25     crime scene are irreversible.  They're irremedial, you
26     can't go back and undo it.  So that it has two
27     specific things that you need to have the able to
28     recognize, collect and preserve, analyze and interpret
 1     evidence.
 2    One, to prosecute somebody who's guilty
 3     and two, to ensure that you do not deny a suspect's
 4     elimination as the perpetrator of a crime.
 5    And in this case, you will see that at
 6     12:20 Sergeant Martin couldn't come to put the yellow
 7     tape on the crime scene and he yellow taped the crime
 8     scene.  He didn't yellow tape it 60 feet south where
 9     the Akita dog prints went towards Dorothy, where
10     Robert Heidstra saw the sports utility vehicle.
11    That was never cordoned off.  People
12     tracked over that, walked over it.  There were
13     looky-looks and police officers all over that area.
14    You will hear testimony that -- well,
15     you've heard Mr. Petrocelli indicate to you that there
16     was nothing amiss in the house.  The evidence you'll
17     hear is we'll never know because the LAPD used the
18     inside of Nicole condominium as their command post.
19     They did not analyze it for evidence.
20    In fact, Officer Riske went into the
21     condominium after he had first gotten on the scene,
22     picked up the telephone and called the west LA police
23     department, thereby eliminating the last number on the
24     phone so we couldn't determine who was the last person
25     that was called.
26    There were candles, you've heard about
27     these candles which are burning upstairs in the tub,
28     around the tub of Nicole Brown in her bathroom.
 1    Those candles are blocks.  You can blow
 2     them out, find the actual candle, relight it and see
 3     how long it takes to get there.  You know how long she
 4     was alive at least, estimate.  That was never done.
 5     There was melted ice cream on a rail that was ignored.
 6    One of the fundamental elements in
 7     recognition in of evidence, to establish the time of
 8     death you have to know last when the person was alive.
 9     And that was done improperly by the police department
10     and I do not, for a moment want you to  believe that
11     we're saying that they did so intentionally.  We are
12     not alleging that.  We are not asserting that.
13    Then, ladies and gentlemen, let me jump
14     to around 2:10 when Detective Fuhrman and Ron Phillips
15     arrived at the crime scene.  They analyzed the crime
16     scene.  They walk around and survey the crime scene.
17     Detective Fuhrman makes notes inside the house, sits
18     down, writes some notes out.
19    There was, according to Officer Riske's
20     testimony at the preliminary hearing in this manner, a
21     concentrated effort to keep the police officers out of
22     the area of the closed-in area.  And away from the
23     bodies and the evidence that was there so as to not to
24     contaminate the crime scene.  And you will see from
25     the photos, you can't see the glove unless you get
26     down and look.  It's under a leafy plant that kind of
27     arcs over.
28    And you will here, ladies and
 1     gentlemen, that after about 2:30 in the morning,
 2     Fuhrman and Phillips are notified that the control of
 3     this case is being transferred from the west LA
 4     division of LAPD downtown to robbery homicide
 5     division, RHD.  You'll know about it.  You'll know the
 6     initials well before we finish.
 7    And so at that point in time, the
 8     authority for control over that crime scene left
 9     Detective Fuhrman and it left Detective Phillips and
10     you will hear testimony, I anticipate, that at that
11     time, point in time, that is when Vannatter and Lange
12     were taking over the crime scene, that the other
13     detectives quit detecting.
14  That they didn't make any further
15     efforts.  Now, in our timeline, as we go along, the
16     next significant event and we will in meticulous
17     detail, fill in for you during the trial, what we
18     believe Mr. Fuhrman was doing between 2:30 and 4
19     o'clock in the morning.  But for now, let me suggest
20     to you at 3:25 in the morning, Rolf Rokahr arrives at
21     the crime scene and he is an LAPD photographer and he
22     took hundreds of photos.
23  And one of the photos he takes is most
24     interesting because it's Mark Fuhrman pointing down,
25     pointing towards the glove.
26  Now, Mark Fuhrman, at that time, does not
27     know allegedly of any glove over at Rockingham.  There
28     is no other piece of evidence with the detective
 1     pointing at it on a picture taken anywhere.  And then,
 2     ladies and gentlemen, you will hear that at 4 o'clock,
 3     Detectives Vannatter comes to the crime scene, 4:05, I
 4     think is possibly when he gets to the crime scene,
 5     4:25 language gets there.  And Fuhrman kind of takes
 6     them around the crime scene and he is then asked to
 7     lead Vannatter and Lange to Mr. Simpson's house.
 8  Now, the reason given, well, let me go
 9     back, I apologize.  By now, we're at 5 o'clock in the
10     morning there's
11     23 LAPD officers at the scene.
12  The people in charge are Vannatter and
13     Lange.  They're in charge.  They're the detectives in
14     charge from RHD of that crime scene.  They, with the
15     two detectives who were in charge of that crime scene,
16     leave 23 detectives at 875 south Bundy with two dead
17     human beings, a glove, cap, blood every where and
18     drive in two cars to 360 north Rockingham.
19    And the reason they say they do this is
20     because Commander Bushy of west L.A.P.D. had told Ron
21     Phillips to give Mr. Simpson personal notification of
22     the death of his former wife.  They didn't know if
23     Mr. Simpson was there.  They didn't know.
24    MR. PETROCELLI:  This is argument, Your Honor.
25    THE COURT:  Sustained.
26    MR. BAKER:  The evidence will show they had no
27     idea if Mr. Simpson was home.  The evidence will show
28     that these four detectives went over to Mr. Simpson's
 1     house to further an investigate Mr. Simpson, who was
 2     then a suspect.  The evidence will show that they
 3     abandoned the crime scene at 875 south Bundy and went
 4     to Rockingham.  Ladies and gentlemen, at approximately
 5     5:05 the morning of the 13th, they have arrived at
 6     Mr. Simpson's estate and they ring the intercom and no
 7     one answers.  (Indicating to drawing labeled
 8     Rockingham avenue).
 9    Because Mr. Simpson is in Chicago, his
10     housekeeper Gigi had called him earlier in the
11     evening.  She usually comes back on Sunday nights.
12     She called earlier in the evening.  She was at Knotts
13     Berry Farm.  It was Phillipino new year and she wanted
14     to know if she could stay out.  And, of course, O.J.
15     said sure.  No one's home.
16    Now, at this point in time, the
17     evidence will indicate that Mr. Fuhrman leaves the
18     rest of the detectives and he goes and finds what he
19     believes is the Bronco askew.
20    Phil, you want to put the Bronco up
21     again?  (Photo is displayed).  You want to back it up
22     a little so we can see the angle?
23    MR. BAKER:  Thank you.  He says that's askew
24     and that was his first indication that something may
25     be wrong.  He then says that he finds a blood spot.
26    MR. PETROCELLI:  Your Honor this is outside of
27     the scope of the court order yesterday.
28    MR. BAKER:  I'll withdraw it.  It is then
 1     reported to Vannatter and Lange that Fuhrman, all by
 2     himself, discovers a blood spot above the left door
 3     handle.
 4    Will you put that up please?
 5    Now, mind you, it is dark.  There is
 6     the door handle.  (Indicating to photograph
 7     displayed).  There is the blood spot that he says is a
 8     blood spot.  It's one quarter of an inch and I guess
 9     one 16 of an inch wide.  The LAPD never even does a
10     presumptive test.  To this day, we don't know if that
11     was blood or not.
12    Now, you've heard from Mr. Petrocelli
13     that that was discovered by Fuhrman and seen by the
14     other, three detectives, three blood spots on the door
15     seal.
16    Ladies and gentlemen, the testimony
17     will be that there were no other blood spots
18     available.  In fact, the car was locked as has been
19     testified to because you couldn't see any other blood
20     spots unless you unlocked the door of the vehicle.
21    MR. PETROCELLI:  All argument, Your Honor.  All
22     argue -- oral argument.
23    THE COURT:  Sustained.
24    MR. BAKER:  The evidence will be that not one
25     of the three other detectives will testify that they
26     saw any blood spots on the door seal because they
27     couldn't see him with the door closed.  Let me -- it's
28     outside of the court's order.
 1    THE COURT:  What, which order?
 2    MR. PETROCELLI:  The order regarding planting
 3     of evidence.  This is specifically outside the court's
 4     order.
 5    THE COURT:  I'll see counsel at bench with the
 6     reporter.
 7    (The following proceedings were held at
 8     the
 9     bench:)
10    MR. PETROCELLI:  This is -- this is the Bronco
11     collected on the 13th and he's arguing that these
12     spots outside are planted and that specifically --
13    MR. BAKER:  I'm not.
14    THE COURT:  I don't hear him saying they were
15     planted You're the one that's saying they're planted.
16    MR. PETROCELLI:  Your Honor the only purpose of
17     this whole discussion was that the blood was planted.
18     He said one officer saw the blood, the other officer
19     didn't see the blood.  What's the relevance of the
20     statement that three officers didn't see any blood?
21    THE COURT:  If three officers get up and
22     testify they didn't see any blood, that's what they're
23     going to testify.
24    MR. PETROCELLI:  It was brought in.
25    THE COURT:  You make a motion to preclude
26     reference to planting that order.  Now, you bring
27     those things up before the jury yourself.  What are
28     you doing?
 1    MR. PETROCELLI:  I didn't bring it up.  I said
 2     outside the scope of the court's order, Your Honor.  I
 3     tried.  My   intention is not to bring it up.  I think
 4     it has gone way out of bound.
 5    THE COURT:  Excuse me, I don't think Mr. Baker
 6     has mentioned planting.
 7    MR. PETROCELLI:  That's the only purpose of all
 8     this.
 9    THE COURT:  How do you know what the purpose of
10     it is other than the fact that the officer is going to
11     testify that he didn't see any other spots.
12    MR. PETROCELLI:  But that's the purpose of that
13     testimony, Your Honor.  That's my point.  Okay.  I
14     believe --
15    THE COURT:  We can't change the facts,
16     Mr. Petrocelli, if the officer testifies he didn't see
17     the blood, he didn't see the blood.
18    MR. PETROCELLI:  For what other purpose can it
19     be offered for?
20    THE COURT:  I don't know.  He's entitled to
21     testify to what he saw.
22    MR. PETROCELLI:  We can seek to exclude the
23     testimony on the grounds it's not relevant to
24     anything.
25    THE COURT:  Excuse me, I said he cannot argue
26     that as a basis for planting.
27    MR. PETROCELLI:  Understand.
28    THE COURT:  That's all.
 1  (The following proceedings were held in
 2     open court
 3   in the presence of the jury:)
 4    MR. BAKER:  As I was suggesting, ladies and
 5     gentlemen, neither Phillips, Vannatter nor Lange will
 6     testify to seeing any blood spots on a door seal.
 7    And so based upon that piece, if that's
 8     all they saw, if they weren't in the car, based upon
 9     that Mr. Vannatter, after conferring with Detective
10     Fuhrman said, and I want to get this right, we believe
11     that the Simpson's house may be an extension of the
12     crime scene where someone could be hurt or killed.
13  Mark -- Strike that.  There is other
14     testimony, there being people hurt or killed in the
15     house and the testimony will be that based upon this
16     Mark Fuhrman goes over the wall into Mr. Simpson's
17     estate.  He then opens the gate on Ashford and let's
18     the other three officers in.
19  You will hear testimony from Philip
20     Vannatter that at this time we're about 5:45 in the
21     morning.  He said, he said O.J. Simpson was no more a
22     suspect than you are, Mr. Shapiro.  And Bob Shapiro
23     was Mr. Simpson's criminal lawyer in the preliminary
24     hearing.  And the testimony, and what you will here is
25     that Mr. Simpson was a suspect.  He was the only
26     suspect and they went in.
27    They went to his front door.  They rang
28     his door bell and of course, nobody's home.
 1     Mr. Simpson's on a plane to Chicago.  His housekeeper
 2     has the night off.
 3    So they -- Phil, have you got that
 4     other one?  The one the diagram of the house showing
 5     the floor of it?  (Counsel displays photo).
 6    THE COURT:  What' this stuff?
 7    MR. P. BAKER:  Those are the two photos.
 8    MR. BAKER:  Okay.  I'm sorry.  Thanks.  They
 9     come in the driveway, go to the front door.  When they
10     find that no one answers the front door, they go
11     around and there is a walkway that goes all the way
12     around, patio area, concrete area and down here is
13     this, is the office.  This is Mr. Kaelin's room back
14     here.
15    They go down there and they knock on
16     Kato Kaelin's door.  He comes to the door and he
17     disheveled.  It's early in the morning and Mr. Kaelin
18     isn't an early riser apparently and they introduce
19     themselves as police officers and he says, what's
20     wrong.  Has O.J.'s plane gone down?  They knew
21     instantly that O.J. Simpson was on an airplane and
22     they questioned him more and they knew he was going to
23     Chicago and they knew he was on a scheduled flight.
24  The reason that's important is because
25     Phil Vannatter subsequently puts in a request for a
26     search warrant that Mr. Simpson had left down an on an
27     unscheduled flight to Chicago an absolute untruth.
28    MR. PETROCELLI:  Argument, Your Honor.  Move to
 1     strike.
 2    THE COURT:  Overruled.
 3    MR. BAKER:  Then what occurs is Mark Fuhrman
 4     starts interrogating Kato Kaelin and he asked to look
 5     at his clothes.  He asked to look at his shoes and he
 6     gives him a stigmas test which is putting lights in
 7     the eye to see if Kato Kaelin has been using drugs.
 8     The other three detectives, after they learn that
 9     Arnelle Simpson is in the adjacent room down the
10     house.
11    They leave Fuhrman with Kato Kaelin and
12     you'll hear testimony from Mr. Kaelin's, he then
13     interrogated more by Fuhrman.  Fuhrman goes into the
14     bathroom in the place, looks all around and he hears
15     about the three thumps that have become well known.
16    Now, about this time Arnelle and the
17     other three detectives are coming back towards the
18     house and Arnelle does not know where her father is.
19     Knows he's gone out of town, but doesn't know the
20     particular whereabouts that he's taking in Chicago.
21     And they go in the house to find Cathy Randa, his
22     assistant, who knows his whereabouts and keeps his
23     schedule and his itinerary when he travels and they go
24     in there and then another interesting thing happens.
25    Mark Fuhrman, who's been interrogating
26     Kato Kaelin doesn't interrogate him any more.  He has
27     Phil Vannatter  interrogate Kato Kaelin and he leaves
28     and goes out to search the premise.
 1  To find out where these thumps came from.
 2     Now, mind you, this person, along with Mr. Vannatter,
 3     felt there was an emergency and people could be
 4     killed, dying inside, bleeding to death.  It was an
 5     emergency.  He goes out by himself.  There is nobody
 6     that can vouch for where he was.  Wherever he goes, we
 7     know that he doesn't draw his gun.  He doesn't ask for
 8     a back up.  He goes all by himself.
 9     And 15 minutes later, he comes back
10     and he reports finding a bloody glove in a two foot
11     wide concrete walkway basically where Kato Kaelin said
12     he heard the thumps.
13    Is this a good place, Your Honor.
14    THE COURT:  Okay.  Ten minutes recess, ladies
15     and gentlemen.
16    (Recess.)
17  (Jurors resume their respective seats.)
18    MR. BAKER:  Thank you, sir.
19  At 6:30 in the morning, it is reported to
20     Detective Vannatter that Mark Fuhrman has found a
21     glove on the south side of Mr. Simpson's home.  Each
22     detective individually walks out and looks at that
23     glove.  That glove is tacky; it is moist; and it is
24     described as such.
25    The evidence will show, ladies and
26     gentlemen, that if that glove had been dropped there
27     at 11 o'clock the night preceding, it would have been
28     dry by 2 o'clock in the morning.
 1  The evidence will show, ladies and
 2     gentlemen, that there was absolutely not a blood drop
 3     around that glove.  There was no blood drop around it
 4     at all.
 5  The evidence will be, that indicates it
 6     was placed there.
 7  The evidence will be, relative to that
 8     glove, that there was no insect activity or leaves or
 9     anything else on it.
10  That would have been on it, had that
11     glove been placed there or dropped there the evening
12     preceding at 10:30.  The evidence at the laboratory,
13     subsequently I will deal with in a moment.
14  What next occurs is that Detective
15     Vannatter sends Detective Fuhrman back to Bundy to see
16     if there's a match.  And you'll see the picture with
17     Detective Fuhrman that was taken out hours before at
18     Bundy, with his hand two or three inches from the
19     glove.  He didn't -- there was no real issue of match
20     when Detective Fuhrman left Rockingham, went back to
21     Bundy, and then came back to Rockingham to report that
22     the gloves were, in fact, a match.
23  And then, ladies and gentlemen, we're now
24     at about 7 o'clock in the morning.  The evidence will
25     be, seven hours after they have discovered all of this
26     evidence at 875 South Bundy, there has been no
27     criminalist there, that's the real detectives that
28     gather the evidence.
 1  There has been no real detective on the
 2     scene because they've all been at Rockingham, and that
 3     evidence has been uncollected.  In fact, the
 4     criminalists don't go to Bundy; they go to Rockingham
 5     at 7 o'clock in the morning.  About 7:10 they arrive
 6     there.
 7  There hasn't been a coroner.  The
 8     coroner's been called, canceled, and the coroner is
 9     called again at 8:00.  And the coroner gets to Bundy
10     at 9 o'clock.  That's nine hours after they were
11     notified of the deaths.
12  And the criminalists gather some blood
13     evidence at Bundy.  And you'll hear all that blood
14     evidence is consistent with the small cut that
15     Mr. Simpson endured the previous night that he told
16     LAPD about on the 13th, before he knew what was at his
17     house.
18  They gathered some blood.  They went back
19     over to Bundy -- not back over; I apologize.  They
20     went to Bundy for the first time ten hours after
21     they'd been notified of those crimes.
22  You will hear from experts that know
23     crime investigation, obviously a lot better than I do,
24     that one of the things you don't do is, you don't send
25     a criminalist from one crime scene to the other,
26     because you risk contamination.
27  You will hear that not only did the
28     criminalist go back from one crime scene to the next,
 1     but the detectives obviously -- Vannatter, Lange,
 2     Phillips, Fuhrman -- there's Gonzalez -- he was at
 3     both places.  He was back and forth.  And you risk,
 4     obviously, contaminating the crime scene from one to
 5     the other.  And so at 10 o'clock, or shortly
 6     thereafter, Dennis Fung and Andrea Mazzola, the two
 7     criminalists at 875 South Bundy, to collect evidence.
 8  This is a scene that was described by the
 9     people who discovered the body of Nicole Brown Simpson
10     as being a river of blood.  There was an immense
11     amount.  You, unfortunately, will have to look at
12     those pictures, but it's part of the evidence.  And we
13     don't want to put you through it, but we have to.
14  In any event, what occurs then is, this
15     collection of evidence takes place.
16  Phil, can you pull up the 875.
17  Thank you.
18  This small area is where the murders
19     occurred.  This is all dirt and plants.  This is tile
20     that is grouted, and you will see it in the pictures.
21     It's outdoor tile, kind of -- I think the tiles are
22     eleven and a half inches wide -- square.  And the two
23     criminalists who are on this crime scene for a total
24     period of five hours before they release this crime
25     scene, they released this crime scene before they
26     released Mr. Simpson's house.
27  In the area where Mr. Goldman fought
28     valiantly for his life, there are all sorts of blood
 1     stains, blood drops, blood spatter, and blood-smear
 2     evidence.  The LAPD criminalists collected none, not
 3     any of it.
 4    MR. PETROCELLI:  Objection.  Outside the scope
 5     of Order No. 11, specifically September 17.
 6    MR. BAKER:  I think that was technique, not
 7     absence of.
 8    THE COURT:  Overruled.
 9    MR. BAKER:  Thank you.
10  Now, they collected some blood that were
11     drops in the area.  They found, ladies and gentlemen,
12     not one drop, not one specimen of blood consistent
13     with O.J. Simpson.  Not one.
14  They found up in an area above the steps,
15     a drop of blood of Mr. Simpson that had 33 nanograms
16     of DNA.  I'll try to explain a little bit about DNA.
17  Let me suggest to that you DNA degrades
18     over a period of time, that the average amount of DNA
19     in a fresh drop of blood is between one thousand --
20     pardon me -- 1,500 and 2,000 nanograms.
21  The drops of blood that they collected
22     that they say had Mr. Simpson's DNA in it that went
23     along this walkway which were not to the left of the
24     bloody shoe prints, only one contained from 33
25     nanograms of DNA.  Keep in mind the reference is 1,500
26     to 2,000 to 1.8 nanograms of DNA.
27  If Mr. Simpson had never been at this
28     house again, the evidence will be the fact that his
 1     DNA, even though it was of a minute quantity, would be
 2     of significance.
 3  It is not of significance, the evidence
 4     will show, because that's a place where he was.  He
 5     was there with his kids; he was there with the dog; he
 6     picked up the dog; he took his kids places; he was in
 7     and out of there all the time.
 8  The evidence will be, ladies and
 9     gentlemen, that the LAPD tampered with the evidence at
10     the crime scene.  And there was, as I told you, an
11     envelope with the glasses of Judy Brown.  You will see
12     pictures.  They moved it.
13  Now, there isn't going to be any evidence
14     of why no one will come forward and tell you that
15     they, in fact, moved it, and they had a reason.  But
16     one of the cardinal rules is, you'll hear from experts
17     and criminologists, you recognize the evidence; you
18     document and collect the evidence, and then you remove
19     it.  That's the collection process after you
20     recognized, but you don't move it.
21  The evidence will show that the glove,
22     the Bundy glove that was underneath this little
23     plant-like thing, that was tampered with.  Totally
24     turned around and moved.  And we see that in pictures.
25  The evidence will show that there were
26     blood drops.  Nicole had a dress on, a black dress on,
27     that was kind of backless down a couple of feet, and
28     she was in -- her body was in a fetal position, kind
 1     of, but with her back kind of in, to where you could
 2     look down and see her back if you looked straight
 3     down.
 4  There were blood drops, significant blood
 5     drops on the back of Nicole Brown Simpson.  The
 6     significance of that, ladies and gentlemen, is they
 7     could not have been hers.  They could have been the
 8     perpetrator of these crimes.
 9  LAPD never collected them.  They were
10     washed off by the coroner.
11  The evidence will indicate to you that
12     they failed to collect blood on the back gate.
13  Now, I want to just be brief.  I want to
14     try to finish, and I know you've heard me a long time,
15     and I again apologize.
16  The detectives, criminalists go to the
17     scene.  They go all the way through this walkway.  It
18     goes all the way back to the alleyway.  This is an
19     alley.  Okay.
20  This walkway goes along the side of the
21     house, goes all the way to the back.  There's a locked
22     back gate.  And the garages, as you might guess, or
23     might anticipate, are in the back.
24    For example, two of the blood drops --
25     they collected a total of five blood drops down that
26     walkway.  Five blood drops.
27  They -- from the back gate, there is a
28     photograph, and item No. 117 -- you'll hear a lot
 1     about that before this is over -- item 117 was not
 2     there.  Item 117 was not on the back gate July 3,
 3     1994.  Three weeks after the crimes occurred, that
 4     blood drop was collected.  And interestingly enough,
 5     that blood drop had more DNA in it, five times more
 6     DNA in it, than any other blood drop they had
 7     collected.
 8  Now, if in fact they were all dropped at
 9     the same time, the night of the murders, they would
10     all have been within ranges of the same amount of DNA.
11  Then, ladies and gentlemen, the evidence
12     relative to the gathering of all of the items that
13     were in the area.  The envelope, as I say, was moved.
14     The envelope had glasses in it.  The envelope was
15     never dusted for prints, to this day.  They never took
16     any fingerprints off of it, the glasses inside.  And
17     glass is a very good source to get latent
18     fingerprints.  It was never dusted for fingerprints,
19     ever.
20  In fact, ladies and gentlemen, I want to
21     talk to you a little bit about the glasses, because as
22     I mentioned a little earlier, Mr. Simpson, through his
23     attorneys, offered the services of some forensic
24     scientists, including Michael Baden and Barbara Wolf.
25     It was refused.  He offered to take a polygraph.  It
26     was refused.
27  On the day of June 22, I believe,
28     Mr. Baden, Dr. Baden, Dr. Wolf are examining evidence.
 1     They open the envelope and they see the glasses, and
 2     there are two lenses in the glasses.  You'd anticipate
 3     that.
 4  By February, I believe 18 -- and I may be
 5     wrong on that -- of 1995, Judge Ito orders those
 6     glasses to be inspected and the evidence to be
 7     inspected by Dr. Henry Lee.
 8  There's one lens.  Nobody knows where the
 9     other lens went.  All we know is, we don't have any
10     fingerprints, and there were no prints taken from it.
11     And we don't know where it was removed, we don't know
12     who removed it, and nobody will testify in this case
13     why it's missing.
14  There was a triangular piece of paper
15     that is photographed very close to the envelope.  It
16     has blood-pattern evidence on it.  And you can see it
17     from the photographs, blood-pattern evidence by the
18     people that know far more than I is significant,
19     because you can tell movement and you can type it.  Of
20     course, you can determine whether or not it is the
21     perpetrator's blood.  You can do a lot of
22     investigation and testing.  That triangular piece of
23     paper may have had significant evidence on the other
24     side.
25  Nobody ever saw it again.  It's just
26     totally missing.
27  There was in this area a menu from a
28     take-out restaurant to see if they can call the
 1     restaurant missing, never processed by LAPD.
 2  The evidence, ladies and gentlemen, will
 3     indicate that there were, besides the tampering and
 4     moving of pieces of evidence, a failure to collect
 5     evidence at the scene that could have exculpated my
 6     client.
 7  Now, I want to talk a little bit about
 8     Dennis Fung and Andrea Mazzola.  Now, my recollection
 9     is that Andrea Mazzola had never collected blood
10     before, and this was the third crime scene that she's
11     ever processed.  And the paperwork of the LAPD
12     indicated that she was in charge.
13  In any event, these people, after they've
14     spent three hours at Mr. Simpson's place, and then
15     there are five hours at the Bundy residence, go back
16     to Mr. Simpson's to take a -- to do more collection of
17     evidence.
18  Now, mind you that they had been there
19     from 7:00 to 10:00.  At 4:30 in the afternoon, Dennis
20     Fung recovers the socks on a throw rug that is
21     directly adjacent to Mr. Simpson's -- it's right at
22     the foot of his bed, if you will.  The whole bedroom
23     is carpeted, basically, a white carpet.  There is a
24     throw rug right at the foot of the bed:  The socks,
25     two socks, sitting there on this throw rug.
26  Now, those socks, ladies and gentlemen,
27     when Willie Ford, who was a videographer for the
28     LAPD -- now mind you, they did not videotape the 875
 1     South Bundy crime scene; they videotaped the interior
 2     of Mr. Simpson's house.  And the given reason for that
 3     was because in case they broke something, they wanted
 4     to have a videotape of it.
 5  In any event, Mr. Ford testified that
 6     when he videotaped, will testify when he videotaped
 7     Mr. Simpson's room at 4:30, those socks weren't there
 8     at 4:30.
 9  Dennis Fung says he found the socks.
10     Mind you, Mr. Fung and Ms. Mazzola were there for
11     three hours that morning.
12  Now, the evidence will indicate that
13     those socks were then booked into evidence, with no
14     blood detected on those socks.
15  On again that June 22 date, I believe it
16     is when Mr. -- Dr. Baden and Dr. Wolf examined some
17     evidence.  They were retained by Mr. Simpson.  They
18     looked at the socks.  No blood.
19  When there was a meeting -- I believe it
20     was June 29, 1994 -- I think there were three
21     criminalists there.  I believe, if memory serves, it
22     was Colin Yamauchi, it was Michele Kestler, who is the
23     head of the LAPD crime lab, and Greg Matheson.  They
24     inspected the socks, among other items of evidence, to
25     see what tests were going to be run on those socks.
26    And they indicate on the form, no blood
27     detected.
28  None obvious.
 1  And then, ladies and gentlemen, the date,
 2     I believe, if I'm not mistaken, is August 4, 1994, and
 3     there are copious amounts of blood on the socks,
 4     readily visible.
 5    At that time, the defense of
 6     Mr. Simpson raised the issue of planting.  And at that
 7     time, ladies and gentlemen, the LA District Attorney's
 8     office indicated they were going to send these socks
 9     to the FBI to see if EDTA was on them.  And the reason
10     was, because if that was blood from the missing CC and
11     a half of Mr. Simpson's blood from the vial taken by
12     Spano Peratis, it should have EDTA in it.
13    And I want to go back for just a moment
14     before I revisit the socks issue, and tell you about
15     the blood vial that was taken out of Mr. Simpson's arm
16     on June 13 at 2:30 in the afternoon.
17  That was a purple-top vial with EDTA in
18     it, as Mr. Petrocelli explained to you.  That's the
19     anti-clotting chemical that's put in the tubes because
20     when our blood gets to oxygen, it clots, it
21     coagulates.  That's how we heal, mend ourselves.  And
22     obviously, for testing purposes, as he said, you have
23     the EDTA to keep the blood viscous and fluid.
24  So when Vannatter gets -- when the blood
25     sample is taken from Mr. Simpson, the 8 cc's of blood,
26     Mr. Vannatter asked to take custody of it.
27  And he's given custody of that vial,
28     which is unsealed.  We will prove to you that that
 1     vial was unsealed.
 2  Mr. Vannatter has been an LAPD detective
 3     for years.  He knows the regulations.  Evidence is to
 4     be booked as soon as possible.  He was in the
 5     building, where he could book the evidence, Parker
 6     Center, Los Angeles Police Department, downtown Los
 7     Angeles.  He did not.  He could have gone a mile away
 8     to Piper Tech, which is what I think is kind of an
 9     ugly brick building over the freeway.  The helicopters
10     you always see on it.  He could have booked it there.
11     Detective Vannatter didn't.  He left -- he says he put
12     this unsealed vial of Mr. Simpson's reference blood in
13     his pocket, went upstairs to chat with Lange and have
14     a cup of coffee, and then drive out to Rockingham to
15     give this vial of blood of Mr. Simpson's -- to Dennis
16     Fung.
17  The evidence will be that he didn't know
18     if Dennis Fung was at Rockingham.  He didn't know if
19     he completed his investigation.  He never radioed.
20  But he said he wanted to give this
21     important piece of evidence to Mr. Fung so that he
22     could book it into evidence.
23  And you will hear testimony, ladies and
24     gentlemen, that he takes this vial of blood, he then
25     gives this vial of blood to Dennis Fung, and he does
26     it in the presence of Andrea Mazzola.  And her
27     testimony is, I didn't see it; I closed my eyes.
28  The vial of blood is put in a trash bag,
 1     put in the evidence van, and left there, ultimately
 2     taken downtown, left out on a table in an unlocked
 3     room, the same room where all of the blood that had
 4     been checked from Bundy and Rockingham was.
 5  And the evidence will be that there was,
 6     after the next day, on the 14th, after Colin Yamauchi
 7     commenced his work on this blood, he spills some.  And
 8     then he started to process it.  There was 1.5 cc's
 9     missing, between 45,000 and 60,000 nanograms of DNA
10     unaccounted for.
11  And the evidence, ladies and gentlemen,
12     is that on the 13th, after Mr. Fung and Ms. Mazzola
13     had a very long day, they came back to LAPD Crime Lab
14     to put swatches into drying tubes.  And let me explain
15     that just briefly, if I may.
16  When you collect a dried sample of blood,
17     you take -- it's like a cotton swatch, and you dampen
18     it and you put it over the -- you attach it to the
19     blood stain or drop or whatever.  And it soaks, does
20     whatever capillary action, whatever, and the blood
21     goes into the swatch.
22  The swatch is then placed in a plastic
23     bag.  And if proper techniques are done, it is then
24     immediately taken to an area where the temperature is
25     low, not high, because DNA degrades in high
26     temperatures, and then it is processed.  That is, it
27     is dried.  The swatches are then dried and then
28     they're processed.
 1  The evidence will be that what happened
 2     to the blood swatches that Andrea Mazzola and Mr. Fung
 3     went -- took back to the LAPD Crime Lab was, once they
 4     got back there, they did exactly what they were
 5     supposed to do:  They took the swatches and they put
 6     them in a drying tube for overnight drying, so they'd
 7     be drying.
 8  On the 14th, the morning of the 14th,
 9     they -- those swatches were taken out of the drying
10     tube, and they're put in bindles -- they call them
11     bindles.  It's just like a piece of paper folded up.
12     And the swatches soak that.
13  Andrea Mazzola testified that every time
14     she puts a swatch -- and she did it with Dennis Fung,
15     so I don't want to mislead you -- every time that she
16     puts a swatch into a bindle, she puts her initials on
17     it.
18  And then, of course, when the defense
19     gets to investigate, to see the evidence pursuant to a
20     court order in the criminal case, there is not one
21     bindle that has an initial of Andrea Mazzola.
22  And more importantly, when the swatches
23     are ultimately transferred to the Department of
24     Justice, there was a wet transfer.  That means that
25     after these swatches were dried, somebody substituted
26     wet swatches that hadn't dried, for the dry swatches
27     that were in those bindles, and sent it to be tested.
28  That is corruption of evidence.
 1  The evidence will be, ladies and
 2     gentlemen, that the day of the 14th, Colin Yamauchi is
 3     processing O.J. Simpson's reference blood.  Now, you
 4     will hear from experts that you don't process
 5     reference blood first, you process reference blood
 6     last.
 7    And the reason you do that is because
 8     reference blood taken out of Mr. Simpson's arm is so
 9     rich in DNA, that if it spills, it can contaminate
10     everything and ruin all of the evidence that you have
11     there.
12  And so on the 14th, Colin Yamauchi takes
13     the top off of the vial of Mr. Simpson's blood and
14     spills it.  And spills it on his hand, on a Chem Wipe.
15     And you will hear that that spill can contaminate
16     every piece of evidence in this case.  It is because
17     they process the evidence in the same place, in the
18     same location.
19  And, ladies and gentlemen, I want to get
20     through this.  And I know you want that to occur, as
21     well.
22  After Colin Yamauchi had processed this
23     blood, it was then shipped to laboratories with proper
24     procedures.
25  And I'm not here to criticize LAPD, but
26     I've got to tell you, they don't have any procedural
27     manual.  They've had one in a draft form for years
28     before they tried the Simpson criminal matter.  They
 1     just don't have one.
 2  Colin Yamauchi is a nice man.  He doesn't
 3     try to do poorly; he just did, the evidence will be.
 4  Ladies and gentlemen, I want to talk a
 5     little bit about DNA.  I want to tell you what DNA is
 6     and what it isn't, to my knowledge, and then I want to
 7     talk about the Bruno Magli shoes and a time line, and
 8     I want to sit down.
 9  Quit smiling out there.  (Indicating to
10     the audience.)
11  In any event, DNA, as it's used in
12     criminal detective work, is not the same substance,
13     but the test and what is done are not the same as, for
14     example, DNA for organ transplant.
15  It is a relatively new type of testing
16     within the last ten years.  We are at the infancy
17     level of DNA testing, in using tests that are now
18     viable, to help solve crimes.
19  They will be far better ten years from
20     now, but let me tell you what we have now and had in
21     1994, as I understand it.
22  Mr. Blasier will tell you during the
23     trial and explain it to you.  And you've got to stay
24     with him; it's very important.  But what you have is,
25     you have a double helix, as I understand it.  And if
26     you unwind this double helix, you have this in each
27     cell that we have.  As a human being, you have things
28     that if you put them under a microscope, look like
 1     ladders.  And there are in each cell, 3 billion of
 2     these rungs to these ladders.
 3    And what you do in the testing that we
 4     have now is, you look at most of these 3 billion,
 5     somewhere in the neighborhood of 250,000, and you take
 6     them down the ladder in different sections, one from
 7     the male and one from the female who produced the
 8     human being that you're testing.
 9  And if one molecule is different, it's a
10     different human being.  So it is not, the evidence
11     will be, a test of uniqueness at all; it is a test of
12     exclusion.  And by that, I mean it can exclude
13     somebody, but it is not like a dermal fingerprint
14     which you and I have that's unique.
15  Which reminds me of one thing.  And I
16     want to go back.  And I apologize greatly, but it's
17     important.
18  LAPD did find prints at the crime scene
19     on Bundy.  They were unable to identify nine
20     identifiable fingerprints.  They weren't O.J.
21     Simpson's.
22  Now, those are unique.  And what that
23     uniqueness or individualization means is, that if I
24     put my finger here and they take a print, it means
25     I've been there, because nobody else has got my print.
26     And that's what law enforcement and crime-solving
27     attempts to do, so no insignificant pattern is too
28     individualized.
 1  Some things, like hair and fiber, are
 2     class definitions.  And Mr. Petrocelli used the word
 3     "match."  He used it for hair and fiber; he used it
 4     for blood; he used it in each of those instances.
 5  And again, I think Mr. Blasier will talk
 6     to you about this with far more intelligence than I
 7     have.
 8  The word "match" is a form of art.  For
 9     example, you cannot tell if your own head hairs will
10     have similarities, but they don't; they're not an
11     identical match, and they're not individualizing like
12     a dermal fingerprint.
13  So I want to get back to DNA for a
14     minute.  DNA is not a test of uniqueness, but a test
15     of exclusion.
16  And if you take -- and let's talk about
17     PCR testing.  PCR testing's greatest advantage is, you
18     can take a speck that you cannot see, and you can
19     chemically make a jillion more of that speck.
20     It's kind of like a chemical Xerox machine, if you
21     will.
22  The problem with it is, that's the
23     advantage.  You can take a very little speck and you
24     can get a DNA readback on it.  The problem with it is
25     exactly the reason that it is an advantage.  If you
26     have any contamination in that speck, what you do is
27     magnify it the same amount that you magnify the sample
28     that you're trying to test.
 1    And so this case is not about -- the
 2     evidence will show it's not about the fact that we
 3     think DNA is a bad test.  It's not about the fact that
 4     we don't think DNA reliable.  DNA is as reliable as
 5     the gathering, the collection, and the preservation of
 6     evidence before you test it.
 7    And every bit of evidence in this case
 8     went through LAPD Laboratory.  And you will hear from
 9     and expert who was in the LAPD lab who tested
10     blood-sample items that, unfortunately, the LAPD lab
11     is a cesspool of contamination.
12    And let me explain that to you.  Let me
13     tell you, the strongest evidence that supports exactly
14     what he said -- in PCR testing, I think it's DQ
15     Alpha -- that there are six alleles.  And an allele is
16     a group of these molecules taken off this ladder,
17     okay?  It's a group.
18  And under this particular type of
19     testing, this PCR DQ Alpha testing, there are six
20     alleles that are recognized and known in human beings.
21     They can appear at different parts and whatever.  I'll
22     tell you more.
23  What is important about that is that
24     those six alleles appear in every piece of evidence,
25     blood evidence tested by the DQ Alpha method.
26    When they shouldn't appear, they
27     appear.  And in the reference blood -- in the
28     reference blood of O.J. Simpson that was taken on the
 1     13th, he has obviously certain alleles in his DNA.
 2  On the 14th, an autopsy was performed on
 3     both of the victims.  And reference blood was obtained
 4     from their bodies.
 5  Interestingly, that reference blood was
 6     given to none other than Detective Philip Vannatter.
 7     You will hear that for the first time in the history
 8     of Gary Siglar's career in the coroner's office, a
 9     detective asked for the reference blood, and he gave
10     it to him.
11  The alleles that are consistent with
12     Mr. Simpson's blood are in both the reference blood of
13     Nicole Brown Simpson and Ron Goldman, and they don't
14     belong there.
15  In fact, you will hear testimony, and it
16     will even be agreed to by the expert for the
17     plaintiffs, that the contamination in LAPD,
18     Dr. Bradley Popovich disagrees with our expert on how
19     it gets there, but they both agree that the alleles
20     appear that shouldn't appear.
21  And when you get contamination in a
22     laboratory, you will hear that what you are supposed
23     to do is to wash down all of the surface areas with
24     bleach, wash the tools with bleach, change the
25     chemicals.
26  It never occurs at LAPD.  They don't even
27     have a procedure for that.
28  Another way to eliminate contamination is
 1     to have what are known as substrate controls.  And
 2     because of the time and my lack of knowledge, I am not
 3     going to go into the substrate controls, except to
 4     tell you that LAPD doesn't use them all the time, so
 5     they don't know if they're contaminated or not.
 6  And that is what the blood evidence is
 7     about.  You cannot trust -- the evidence will show
 8     you, you cannot trust the blood evidence in this case.
 9  Now, the evidence I want to just briefly
10     touch upon is some I evidence in the Bronco.
11  The Bronco is impounded.  There is two
12     drops of blood taken, something less than that.  There
13     is a smear, blood stain that some experts label as
14     smear on the steering wheel, that's not O.J. Simpson's
15     blood; it's not Ron Goldman's blood; it's not Nicole
16     Brown Simpson's blood.  Nobody knows whose it is.
17  Now, there are a couple of small stains,
18     and we will explain those stains to you in some
19     detail, and why they're not indicative of any
20     indication of Mr. Simpson's involvement in the crime.
21  But I want to get to one issue, as we are
22     getting late in the day, and that is the issue of
23     discovery of new, additional blood evidence in the
24     Bronco on August 26, 1994.  That is over two months
25     from the time of the murder.
26  And let me tell you what happened.  The
27     Bronco is towed into the prison yard.  They find,
28     basically, Mr. Simpson's blood in the Bronco.  That's
 1     not incriminating.  Mr. Simpson's in the Bronco all
 2     the time.  He said he cut himself and bled the night
 3     before.
 4  There is one small portion of blood; it's
 5     minute.  And you will hear that it was interpreted to
 6     have some alleles of Ron Goldman's blood.  But that
 7     study, that test, was invalid.
 8  And hence, they have no evidence of any
 9     victim's blood in the Bronco.
10  August 26, 1994, Michele Kestler, the
11     director of the LAPD Crime Lab, calls and tells a Time
12     Life photographer that she is going to conduct an
13     inspection of the Bronco, and she goes down to
14     Viertell's, where it's in the tow yard.  And she, with
15     this made-for-media event, looks for and finds blood
16     that has never been found before, but that now has the
17     victim's blood on it.  And in the ensuing, that is,
18     the previous ten or twelve weeks, that Bronco has been
19     without any security whatsoever.
20    There are two individuals you'll hear
21     testify that they got into the Bronco by pushing the
22     button and opening the door.  One of them stole the
23     receipt out of the Bronco.
24  They looked for blood in the Bronco and
25     they found none of the blood that was on the console
26     that Michele Kestler found on August 26, 1994.
27  That, ladies and gentlemen, is most.
28     I've gone through virtually all of the physical
 1     evidence in this case.  And I want to suggest to you a
 2     couple things.  And that is, that we will go through
 3     all of the evidence in some detail.  But before I
 4     conclude my remarks, I've got to talk about the Bruno
 5     Magli shoes.
 6  Phil, put up that 1075, please.
 7  (Indicating to photograph.)
 8    MR. P. BAKER:  It's up.
 9    MR. BAKER:  There are footprints.  They are of
10     a Bruno Magli size 12 shoe.  Mr. Simpson didn't
11     produce any Bruno Magli size 12 shoes when
12     Mr. Petrocelli asked him to produce the Bruno Magli
13     shoes, because he doesn't have any and never had any.
14  The evidence will be, ladies and
15     gentlemen, that after the investigation of these
16     murders took place, the days after June 12, 1994,
17     there were efforts made, of course, to find a murder
18     weapon and bloody clothes.  The crime scene was
19     bloody.  There was obviously a murder weapon
20     someplace.  And there were efforts made for --
21     extensive efforts made to find bloody clothes and a
22     murder weapon.
23  In fact, you'll hear testimony that they
24     enlisted the Boy Scouts.  Every off-duty LAPD
25     detective was enlisted to walk from Bundy to
26     Rockingham to search in the bushes, to see if they
27     could find any clothes or knife, whatsoever.  In fact,
28     they went in the sewers, ladies and gentlemen, to look
 1     for clothes and a knife.
 2  They enlisted the Chicago Police
 3     Department in Chicago to look for bloody clothes and a
 4     bloody knife or any knife.
 5  And of course, they found nothing.  They
 6     found nothing at all.
 7  They then enlisted, if my memory serves
 8     the Interpol, the International Police, to look for --
 9     find receipt, to find some evidence, to find something
10     about these Bruno Magli shoes.  They enlisted -- it
11     was everywhere throughout the United States,
12     throughout the world, a search to find any evidence
13     that tied my client to Bruno Magli shoes.  And none
14     was found.
15  Now, with the criminal trial, you will
16     hear that a photographer, Harry Scull, out of Buffalo,
17     New York, produced a photograph that was not given to
18     any police department; it's not given to any
19     prosecutorial agency; it's not even given to
20     Mr. Petrocelli.  It's given to the National Enquirer
21     for money.
22  And you will hear that this photograph is
23     a phony.  It isn't real.  It was doctored.  And it was
24     doctored sometime -- and there are other marks on it
25     that are irrefutable.  If you know what a contact
26     sheet is, if you take a 35-millimeter roll of film and
27     take the film out on a contact sheet, and they're all
28     on the same sheet, this photo is out of alignment
 1     with the others.  This photo has a double edge on one
 2     side, indicating that they've duplicated the negative.
 3  This photo has a different color.  Now,
 4     in part of the photograph, it's a white shirt that
 5     Mr. Simpson has on.
 6    This photograph has a different grain,
 7     texture, in parts of the photograph.  This photograph
 8     indicates to everyone who's ever looked at it, that
 9     the shoes that Mr. Simpson is wearing are indeed Bruno
10     Maglis, and they're dry and the weather report in
11     Buffalo is that it had rained for hours.  And these
12     shoes are absolutely dry.  It's an as Astro Turf
13     field.  When you walk on Astro Turf after it's wet,
14     you get all kinds of residue on you.  There's no
15     residue.
16  The photograph is a phony.
17  Now, I want to try to conclude.  It's
18     been a long day for all of us, my talking to you a
19     little bit about it.  And I request your attention for
20     about 15 more minutes.  You've been very kind to me,
21     and I really appreciate it.
22  At 10:40, Robert Heidstra hears the "Hey,
23     hey, hey."
24  At 10:55, Alan Park sees O.J. Simpson
25     walking into his house, after Mr. Simpson has
26     deposited his suit bag and looked into his golf cover
27     bag for the shoes.
28  And by the way, he will not say he was
 1     hurting.  He will not say anything of the sort.
 2  And where he first sees him is in the way
 3     between the driveway and right here.  And you can see
 4     that -- I agree with Mr. Petrocelli, that you're right
 5     there, you can see right into that area.  You can see
 6     Mr. Simpson walking back into the house.  And this was
 7     indicating to the diagram of Rockingham Avenue.
 8  The evidence you'll hear from our experts
 9     is that it took, as I suggested to you earlier, ten to
10     fifteen minutes for these homicides to take place.
11  Let's take the shorter period of time.
12     Let's take ten minutes.  That would be 10:50.  It
13     takes six minutes -- let's say he sped; he's in a
14     hurry.  Let's say four minutes.  That gets him -- if
15     he is gunning his Bronco, that gets him to the house
16     at 10:54.
17  The evidence will show that if he was
18     going to try to avoid the limousine driver that was
19     here, he wouldn't park here he'd parked down here.
20  The Bronco is here.  He could not have
21     had time, if he had the motive, which he never did
22     have, to kill two people, drive from 875 South Bundy
23     to Rockingham, get rid of bloody clothes, get rid of a
24     murder weapon that's never been found, and be walking
25     back into his house at 10:55.  It's not possible.
26  Ladies and gentlemen, a human body has
27     approximately, give or take, about two gallons of
28     blood to ten units of blood in them.  When you cut the
 1     carotids of a human being, it is awash in blood.  When
 2     you stab somebody and are in close to stab somebody 30
 3     times and put up a fight, you are not only awash in
 4     blood, you are hit.
 5Ron Goldman was a very strong,
 6     physical young man.  O.J. Simpson does not have a
 7     bruise on his body.  Not one.  And, ladies and
 8     gentlemen, Mr. Simpson is a man like all men who loves
 9     his kids.  Mr. Simpson would not, could not ever kill
10     Nicole and leave her body where his children would
11     find the horror of her in a pool of blood.
12    The evidence will be, ladies and
13     gentlemen -- and I am sure that when you hear all the
14     evidence, we will prove what we've told you today:
15     That you will conclude that Mr. Simpson was wrongfully
16     accused; that Mr. Simpson did not, could not kill
17     anyone.
18  His cuts, his hands, not seeing his
19     demeanor while going to Chicago, his entire -- what
20     occurred in that period, he doesn't have to account
21     for this time.  He's an adult, a free American.
22  And, ladies and gentlemen, the evidence
23     in this case is compelling.  You can't trust the blood
24     evidence.  And Mr. Simpson will take the stand and he
25     will be here as long as Mr. Petrocelli wants to
26     examine him.  And if you believe Mr. Simpson, if you
27     believe O.J. Simpson, you must find him not
28     responsible.  Even that, you look at the time line.
 1     Mr. Simpson had no time to commit these crimes
 2     whatsoever.
 3  And when this case is all done, and it's
 4     all finished, I'm confident you'll conclude my client
 5     is no murderer.
 6  Thank you very much.
 7    THE COURT:  Ladies and gentlemen, we'll adjourn
 8     until tomorrow, 9 o'clock tomorrow.  We'll start at
 9     9:30.  Don't talk about the case or form or express
10     any opinions.
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