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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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