SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
SHARON RUFO,
Plaintiff,
v.
ORENTHAL JAMES SIMPSON et al.,
Defendants
FREDRIC GOLDMAN, etc., et al.,
Plaintiffs,
vs.
ORENTHAL JAMES SIMPSON, et al.,
Defendants
LOUIS H. BROWN, etc.,
Plaintiffs,
vs.
ORENTHAL JAMES SIMPSON,
Defendant.
Volume 2
Deposition of CHRISTIAN REICHARDT, taken on behalf of the Plaintiffs, at 11377 West Olympic Boulevard, 10th Floor, Los Angeles, California, commencing at 11:18 a.m., on Monday, March 25, 1996, before PAMELA A. STITT, CSR #6027, pursuant to Notice.
APPEARANCES:
FOR THE PLAINTIFFS FREDRIC GOLDMAN, ET AL:
MITCHELL, SILBERBERG & KNUPP
BY: DANIEL M. PETROCELLI, ESQ.
11377 West Olympic Boulevard
Sixth Floor
Los Angeles, California 90064-1683
FOR THE PLAINTIFF ESTATE OF BROWN:
JOHN QUINLAN KELLY, ESQ.
330 Madison Avenue
New York, New York 10017-5090
(212) 682-1700
-and-
NATASHA ROIT, ESQ.
116 North Robertson Boulevard
Suite 705
Los Angeles, California 90048
FOR THE PLAINTIFF SHARON RUFO
HORNBERGER & CRISWELL
BY: MICHAEL A. BREWER, ESQ.
444 South Flower Street
21st Floor
Los Angeles, California 90071
FOR THE DEFENDANT ORENTHAL JAMES SIMPSON:
BAKER, SILBERBERG & KEENER
BY: MELISSA S FINK, ESQ.
2850 Ocean Park Boulevard
Suite 300
Santa Monica, California 90405-2936
-and-
BAILEY, FISHMAN & LEONARD
BY: DANIEL LEONARD, ESQ.
66 Long Wharf
Boston, Massachusetts 02110
FOR THE WITNESS CHRISTIAN REICHARDT:
DOMINICK W. RUBALCAVA, ESQ.
2115 Main Street
Santa Monica, California 90405
WITNESS:
CHRISTIAN H. REICHARDT - VOLUME 2
Examination by Mr. Petrocelli
UNANSWERED QUESTIONS:
(None)
EXHIBITS:
Plaintiffs' Description Identified
169 Pocket/Day-Timer 2 Pages Per Week July 1994 through December 1994 384
170 Pocket/Day-Timer 2 Pages Per Week January 1995 through June 1995 384
171 Pocket/Day-Timer 2 Pages Per Week July 1995 through December 1995 384
172 Eighteen-page document, first ten pages typewritten, last eight pages
CHRISTIAN H. REICHARDT, having been first duly sworn, was examined and testified as follows:
EXAMINATION (Resumed)
BY MR. PETROCELLI:
Q: Mr. Reichardt, have you spoken to anybody since the adjournment of the deposition on Friday concerning this case, this lawsuit, or your deposition?
A: No, I have not.
Q: Have you had any contact with O.J. Simpson?
A: No, I haven't.
Q: Have you talked to him on the phone?
A: No.
Q: Have you been to his house?
A: No.
Q: Did you purposefully stay away?
A: No.
Q: Have you spoken to his lawyers
A: No.
Q: including Dan Leonard?
A: No.
Q: Or anyone else?
A: No.
Q: No?
A: No, I haven't.
Q: Did you read anything, review anything, look at anything
A: No
Q: having to do with this case?
MR. RUBALCAVA: Except those documents.
THE WITNESS: I just separated out those documents, but I haven't reviewed anything.
BY MR. PETROCELLI:
Q: Now, you came here with some materials in response to my subpoena, and for the record I will identify them and then mark them later on when we get copies made.
It appears that you produced your Pocket Day-Timer for July 1994 through December 1994, one for January through June of 1995, and one for July through December of 1995; is that correct?
A: Right.
Q: And you already gave us the January to June 1994 last week?
A: That's right.
Q: Now, the other three that you gave to us today July of 1994 through December of 1995, do you know whether they contain any entries having any connection whatsoever to O.J. Simpson or this lawsuit?
A: I doubt it.
Q: Briefly describe your custom and practice with respect to these Day-Timers, what they are for, what their purpose is for, how you use them, and so forth.
A: Basically they help me keep my days a little bit more organized. I write down people that I need to call, people I have appointments with, vacations. That's about it.
Q: Does anyone else have access to these other than yourself?
A: No.
Q: Your secretary or assistant or anyone like that?
A: No. It stays pretty much always with me.
Q: You are the only person who would make entries in these books?
A: Yes.
Q: Do they contain your business appointments?
A: Yes. Q But not your patients?
A: No.
Q: That is bookkeeping done in the office?
A: That is done at the office, right.
Q You also mentioned something else?
A: This is the beginning of '96 Day-Timer
Q: That you have in front of you?
A: which is my current right now.
Q: And the bank statement showing the $5,000 transaction with O.J. Simpson?
A: Those are still with my accountant. I submitted everything to him for tax returns and all of that stuff stays with him.
MR.RUBALCAVA: Can your accountant forward a copy of that particular statement directly to Mr. Petrocelli? You will see that that happens?
THE WITNESS: I will organize in getting that done for you.
BY MR. PETROCELLI:
Q: What is his name?
A: [Deleted name]
Q: [Deleted name]?
A: Yes.
Q Where is his office?
A: He has an office in Pasadena and another one in Tazana.
Q: What is his telephone number?
A: I don't know.
Q: Now, you are looking at a book with some phone numbers that is at the end of your planner for 1996
A: Right.
Q: is that a book with telephone numbers that was had and used in 1994?
A: Yes. No. Actually, I rewrote it at the beginning of this year to clean it up.
Q: Where is the one that you had for 1994?
A: I threw it away.
Q: How many entries in the telephone book there pertain to O.J. Simpson, family, friends, et cetera? A number of them?
A: Yes. Probably 10, 15, something like that.
Q: May I see that?
A: Sure.
Q: Cora appears in here. Is that Cora Fischman?
A: Yes.
Q: Gigi appears in here, is that Mr. Simpson's housekeeper Gigi?
A: No.
Q: It is another Gigi; right?
A: Correct.
Q: Keith appears in here. I take it that that is not Keith Zlomsowitzh; true?
A: No.
Q: Rolf appears in here. Is that Rolf Bauer?
A: No.
MR. RUBALCAVA: With regards to reproduction, I would prefer that you look through the documents that Dr. Reichardt has given to you and reproduce only those that pertain to this case. This is his specific request. There are documents there that really have nothing to do with this case or Mr. Simpson.
MR. PETROCELLI: I will have to do that at the lunch break.
MR. RUBALCAVA: That's fine. I appreciate that.
MR. PETROCELLI: At a minimum, what I will do is make copies of the documents that the witness acknowledges pertain to this matter.
MR. RUBALCAVA: That's a good idea.
MR. LEONARD: I would like an equal opportunity.
MR. PETROCELLI: This is your witness. You met with him. You have talked to him.
MR. LEONARD: I haven't seen these documents.
MR.PETROCELLI: That remains to be seen.
(Mr. Fredric Goldman enters the deposition proceedings.)
MR. PETROCELLI: Can I have copies made of these for everyone. And I would like copies made of these documents. Wait a second.
Q: Mr. Reichardt, we are going to have copies made of the Day-Timers that you gave us that I just described a few moments ago.
And now I am looking at this yellow folder that has materials in it including some typewritten materials and copies of articles and some hand-written notes, and these materials were assembled and collected by you in hopes of writing a book as part of that effort; is that true?
A: That's correct.
Q: And this is the book that you mentioned in your testimony on Friday the idea for which was spawned by the O.J. Simpson case; correct?
A: Correct.
Q: And part of this book relates to your experiences and your knowledge of the O.J. Simpson case; correct?
A: True.
Q: And part of it relates to your thoughts, musings, and philosophies about life in general; is that true?
A: That's correct.
Q: Now, this first Let me back up. I asked you on Friday not to show these materials to Mr. Simpson and his lawyers, and did you keep that promise?
A: Yes.
Q: So they haven't seen these to your knowledge?
A: No, they haven't.
Q: And you have not discussed it with them?
A: No.
Q: Now, these typewritten materials, I am holding in my hand the group of papers that you told me relate to the O.J. Simpson case. The remainder of the materials are in the yellow file that you think are just general thoughts and ideas that have no specific application to this case; correct?
A: That's correct.
Q: For now, let's focus on the O.J. Simpson papers. They are 10 pages or so of white typewritten notes; correct?
A: Yes.
Q: Who typed those?
A: My secretary.
Q: What is her name?
A: [Name Deleted].
Q: Is she still your secretary?
A: Yes, she is.
Q: There are seven pages of pink hand-printed notes. Are these your notes?
A: Yes, they are.
Q: All in your handwriting?
A: That's correct.
Q: And then we have a page with handwriting on both sides. Are these in your handwriting also?
A: Yes.
Q: What I am going to do now is have these copied, and then later on during a break I will review them and we will come back to them. Okay?
A: Great.
Q: Can you identify any time other than 9 o'clock on the evening of June 12 when O.J. Simpson called you up on the telephone to tell you where he would be later that same evening?
A: Other than calling during the day and saying, "We will see you later tonight at dinner" some other times, no, nothing no specific incident.
Q: So the only time that you can recall O.J. Simpson ever calling you up to tell you where he would be later that evening was on the evening of June 12, 1994 when he called you at approximately 9:00 p.m.; true?
MR. LEONARD: I am going to object
MR. PETROCELLI: Excuse me.
Q: True?
MR. RUBALCAVA: I am going to consult.
MR. PETROCELLI: Well, you cannot consult in the middle of an answer.
MR. RUBALCAVA: I think you can.
MR. PETROCELLI: No, you can't. He can answer the question. If you have an objection, you can make it, but there is no reason to talk to him about my question. I don't understand that.
MR. RUBALCAVA: Do you want to talk to me?
THE WITNESS: Yes.
MR. LEONARD: Can I get my objection in.
MR. PETROCELLI: Well, I would like to get an answer first to my question.
MR. LEONARD: I have an objection.
MR. PETROCELLI: I want an answer without your talking to your lawyer, and then you can talk to your lawyer, and if you want to clarify, then you can clarify. I am entitled to that. You can make your objection first. Go ahead.
MR. LEONARD: I am going to object. It misstates his prior testimony.
MR.PETROCELLI: That's fine. Are you finished?
MR. LEONARD: Yes.
MR. PETROCELLI: Okay. Please repeat the question and repeat it in the transcript as well.
I want a simple question and answer. And then you may answer and then you can consult, and then if you want to change your testimony or amplify it, that is your choice.
(The record was read as follows:
"Q: So the only time that you can recall O.J. Simpson ever calling you up to tell you where he would be later that evening was on the evening of June 12, 1994 when he called you at approximately 9:00 p.m.; true?")
THE WITNESS: That I can specifically recall, yes.
MR. RUBALCAVA: Okay.
(Discussion was held between the witness and his counsel out of the hearing of the reporter.)
MR. RUBALCAVA: Which is consistent with what you have testified to before.
BY MR. PETROCELLI:
Q: Now, let me ask you this question.
A: Can I clarify my answer from before?
Q: When Mr. Leonard examines you, I think he will give you an ample opportunity to try to deal with that answer.
You testified before that you knew the time was 9 o'clock, you were pretty sure of that, too, one minute off perhaps?
A: Yes.
Q: And you said that the clock was one of those analog clocks with a face on it; right?
A: (Witness nods head.)
Q: Right?
A: Right.
Q: Where was this clock located?
A: On a piece of artwork at the end of the living room.
Q: Do you still have it?
A: Yes.
Q: Is it a free-standing clock?
A: Yes.
Q: Was it situated in view, eye's view of the television?
A: No. It was situated off to the left.
Q: Is that where the telephone was located?
A: Yes.
Q: Did you have to get up to answer the telephone?
A: No.
Q: Is it a portable phone that you were using?
A: No. It was a phone that was standing right by the couch.
Q: Were you lying on the couch or sitting?
A: Sitting.
Q: So you were sitting on the couch alone watching television and the phone rang and you reached over where, to your right?
A: To the left.
Q: To your left. And you picked up the phone?
A: Right.
Q: Then as you picked up the phone did you look to your left or to your right?
A: To the left.
Q: To the left.
A: To the clock.
Q: And how far was that clock from you?
A: Ten feet.
Q: Was the light on
A: Yes.
Q: in the room?
A: Yes.
Q: Was it in the same room as the television?
A: The clock?
Q: Yes.
A: Yes.
Q: And is it a big clock?
A: (Indicating )
Q: Could you estimate for the record the diameter of that?
A: Ten inches across, eight inches across.
Q: You were showing a much smaller diameter in my view with your fingers just now, like more like five inches. Do you think it is about
A: Eight to ten inches.
Q: Okay. Is it your habit, by the way, when you pick up the phone to look at that particular clock?
A: Yes, pretty much.
Q: Why?
A: Because the phone is right there. I look at it Throughout the day I look at clocks and whatever time it is.
Q: Did you have a watch on?
A: I don't recall.
Q: What were you wearing, by the way, when you were sitting on the couch watching television?
A: Probably some sweats, a sweat suit.
Q: Not probably. What exactly were you wearing?
A: I don't recall.
Q: Can you tell me, as clearly as you knew it was around 9 o'clock, can you tell me what you were wearing?
A: I don't recall.
Q: Did you have shoes on?
A: Doubtful. I hardly ever wear shoes at home.
Q: But you do not know for sure?
A: I don't know for sure.
Q: Now, there was an incident when you were with Faye Resnick in your Is it an apartment?
A: Condominium.
Q: Condominium. On [Address Deleted]?
A: That's correct.
Q: when Faye informed you that O.J. Simpson had just told her that he was going to kill Nicole; correct?
A: (Witness shakes head.)
MR. LEONARD: Objection. Leading.
BY MR. PETROCELLI:
Q: Correct?
A: Correct.
Q: To the best of your knowledge when did that occur?
A: The date or the time of day? What are you looking for?
Q: Everything. I want to know all the details.
A: I would think it was probably approximately four weeks prior to the murder.
Q: And you were home alone with Faye Resnick; true?
A: That's correct, right.
Q: And Faye had just gotten off the phone with O.J. Simpson and you overheard their conversation?
A: Right.
MR. LEONARD: Objection. Lack of foundation.
MR. RUBALCAVA: Not both sides.
MR. PETROCELLI: Mr. Rubalcava, I appreciate that you want to get out certain information, but I really am entitled to examine him.
MR. RUBALCAVA: Excuse me.
MR. PETROCELLI: And Mr. Leonard with whom this witness is fairly friendly
MR. LEONARD: I object to that characterization.
MR. PETROCELLI: Well, you can object, but it is true. You have met with him twice. He has talked to your client 100 times since he got out of jail. It is clear what has been going on here and your client's effort to co-opt and convert witnesses and
MR. LEONARD: That is not an appropriate comment.
MR.PETROCELLI: you can do whatever you want when it is your time to examine him, but I am here trying to examine this witness, and I do not want you or his lawyer, frankly, impeding that effort.
MR. LEONARD: I am not attempting to impede. I just
MR. PETROCELLI: That's all I am trying to do.
MR. LEONARD: am making a legitimate objection.
BY MR. PETROCELLI:
Q: You should have nothing to hide because, as you have said before, you are sure that O.J. Simpson is innocent as you are of any other fact?
A: Mr. Petrocelli, I don't have anything to hide.
Q: Thank you. So we are on the same wavelength?
A: Exactly. You are trying to do your job, and I am just telling you the truth.
Q: Thank you. So you were on the couch, the same couch that you were on the evening of June 12; right?
A: That's correct.
Q: And Faye Resnick was on that couch talking to O.J. Simpson; right?
A: No.
Q: Where was she?
A: She was off to the left walking around the living room.
Q: Was it a portable phone?
A: She was on a portable phone.
Q: Is it the same phone number as the one that you were using on the evening of June 12?
A: Was it the same phone number?
Q: Yes.
A: There are three phone numbers in the house that are ringing with that same phone number.
Q: And who called who?
A: I believe that it was O.J. calling Faye that evening.
Q: O.J. of course is O.J. Simpson?
A: That's correct.
Q: And Mr. Simpson called Faye Resnick around what time?
A: It must have been after 8 o'clock because that is when I get home from the office.
Q And when you got home, Ms. Resnick was already there; right?
A: That's correct.
Q: Was anyone else home?
A: I believe her daughter was in her room.
Q: And her daughter is Francesca?
A: Francesca.
Q: Do you know whether her daughter overheard Ms. Resnick on the phone with Mr. Simpson?
A: I don't know.
Q: You didn't see her in the room?
A: She was not in the room. She was downstairs.
Q: Did she overhear to your knowledge the ensuing conversation between you and Ms. Resnick?
A: No, she did not.
Q: And this event occurred about one month before the murder of Nicole and the murder of Ron; correct?
A: Approximately. Approximately, yes.
Q: And this was after you had come back from Cabo?
A: That's correct.
Q: And this was after your birthday party; true?
A: Yes.
Q: And this is after you had heard about a split or a rift between Nicole and Mr. Simpson following the Cabo trip; right?
A: No.
Q: You heard no such information at all as of this point in time?
A: I knew that they were going through difficult times and that they were thinking about splitting back up, yes.
Q: Thinking of ending that one-year effort to reconcile?
A: That's right.
Q: Ms. Resnick was having an animated conversation with O.J. Simpson?
MR. LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: Correct?
A: Ms. Resnick was high at the time so any conversation is animated with her.
Q: I am not asking about drug use again. Dan will, I am sure, elicit that. I am only asking about your observations and what you heard and what you saw.
A: All right. Yes, Faye Resnick was distraught.
Q: As she was talking to O.J. Simpson; correct?
A: That's correct.
Q: And it was apparent to you from listening to Faye Resnick talk to O.J. Simpson that there was an upsetting conversation going on between both parties; right?
A: Not really.
MR.LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: Well, you did not get the impression from listening to Ms. Resnick that O.J. Simpson was talking about his golf game, right?
MR. LEONARD: Objection. Lack of foundation.
THE WITNESS: But I had the impression that Ms. Resnick was high and she was animated when she was high.
BY MR. PETROCELLI:
Q: I am not talking about her drug use again.
A: I know you are not.
Q: I am talking about the content of her conversation, the words, the subject matter, okay. To your knowledge, based on what you recall, they were talking about the relationship between O.J. Simpson and Nicole; true?
A: That's correct. That's correct.
Q: And Ms. Resnick in this discussion with O.J. Simpson about his relationship with Nicole was visibly upset and animated; true?
A: But I don't know whether it was because of the content or her state of mind.
Q: I didn't ask you that.
A: I know.
Q: That is for some other lawyer to ask you?
A: It is not an answer I can do with yes or no.
MR. PETROCELLI: Please repeat my question. And regardless of what you think caused it, just give us the answer. Someone else will present Mr. Simpson's side of the story.
(Discussion was held between the witness and his counsel out of the hearing of the reporter.)
MR. PETROCELLI: Let the record reflect that I am going to object to any more conferences while questions are pending.
THE WITNESS: The question is not pending. I answered the question.
MR. PETROCELLI: I want the question read back, please. I would like a "yes" or "no" answer.
(The record was read as follows:
"Q: And Ms. Resnick in this discussion with O.J. Simpson about his relationship with Nicole was visibly upset and animated; true?")
THE WITNESS: That's correct.
BY MR. PETROCELLI:
Q: How long did the conversation between O.J. Simpson and Faye Resnick last?
A: Approximately l0 minutes.
Q: Had you spoken to O.J. Simpson that day?
A: I spoke to him after that.
Q: That same evening?
A: (Witness nods head.)
Q: You have to answer audibly.
A: Yes.
Q: Before the Resnick conversation had you spoken to Mr. Simpson by phone that day?
A: No.
Q: Had you spoken to him in person that day?
A: No.
Q: Had you spoken to him the day before?
A: I don't recall.
Q: And when the phone rang, who picked it up?
A: Faye did.
Q: Okay. And Faye did not say to you, "Mr. Simpson wants to speak to you, Christian"; correct?
A: No. She wanted me to talk to him.
Q: But Mr. Simpson had called to speak to Faye Resnick; true?
A: That's right.
MR. LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: True?
A: That's right.
Q: In other words, at no point did Resnick tell you, "Here, he is calling to speak to you, Christian"; true?
A: That's right.
Q: And you did not get on that phone call at all; right?
A: Yes, I got on the phone call later.
Q: On the same call?
A: No. No. Sorry. Not that call.
Q: A later call; right?
A: A later call.
Q: Let's stick with this phone call. You did not get on this phone call; right?
A: That's correct.
Q: Tell me everything that you can remember Faye Resnick saying as you listened to her conversation with O.J. Simpson.
A: I didn't listen into their conversation very much at all.
Q: Tell me what you heard.
A: I remember saying that Faye saying that she was wanting to stay remain friends with O.J. regardless of what happens between Nicole and O.J.
Q: And you remember specifically that that was said by Faye in this conversation?
A: Yes.
Q: Did you understand that Faye had a concern that if O.J. Simpson and Nicole split up that she, Faye Resnick, would then lose her relationship and friendship with O.J. Simpson?
A: Can you repeat the question, please.
MR.PETROCELLI: Yes. Please.
(The record was read as follows:
"Q: Did you understand that Faye had a concern that if O.J. Simpson and Nicole split up that she, Faye Resnick, would then lose her relationship and friendship with O.J. Simpson?")
THE WITNESS: Yes, that's correct.
BY MR. PETROCELLI:
Q: And she, based on your overhearing this conversation, was telling Mr. Simpson she did not want to see that happen; correct?
A: That's right.
Q: In this conversation do you know whether there was any discussion of the Sports Spectacular event on July 4?
A: I think that's what prompted the phone call from O.J. to Faye.
Q: Why do you think that?
A: Because later Faye and I were talking about it.
Q: Okay. Before we get to what Faye and you discussed, can you tell me anything else that you remember hearing in the O.J. Simpson/Faye Resnick conversation?
A: They were just talking about the Spectacular, to go there together and to like I said, Faye was concerned not wanting to get into separation of the friendships, she is not wanting to lose either friend.
Q: So by this time it was pretty clear to you that Mr. Simpson and Nicole Brown were splitting up; right?
A: Yes, they were, I think, going through the moves of splitting up.
Q: In fact, Mr. Simpson had already gotten together with his former girlfriend Paula Barbieri
A: Yes.
Q: by this time; right?
A: I think it was all about the same time.
Q: With whom he was planning to take to the Sports Spectacular?
A: Right.
Q: Not Nicole?
A: Right.
Q: So the whole issue that you overheard on this one point was Faye going to an event with Mr. Simpson without Nicole?
A: Right.
Q: Okay. Now, after First of all, have you told us everything that you can remember about the Resnick/Simpson conversation?
A: Uh-huh.
Q Now, when Faye got off the phone, she then immediately told you what Mr. Simpson had just said; right?
MR. LEONARD: Objection. Leading.
THE WITNESS: After the phone call after Faye hung up, she went over and hung the phone up in the kitchen, she came back to the couch and plopped herself down on the couch
BY MR. PETROCELLI:
Q: I thought you said it was a portable phone?
A: Right.
Q: But she put it in the kitchen?
A: Right. The base for the portable phone is in the kitchen. Then she plopped herself on the couch and she said, "He said he is going to kill her."
Q: What did you say?
A: I said, "What do you mean?"
Q: What did she say?
A: She said, "He is going to kill her if she keeps doing this driving him crazy."
Q: And what did you say?
A: I said, "Well, you know, that is a figure of speech."
Q: What is a figure of speech?
A: That trying to kill someone.
Q: How do you know?
A: I used the terminology.
Q: Have you ever told anyone that you were going to kill Nicole?
A: No.
Q: Had O.J. Simpson ever told you before this evening that he was going to kill Nicole?
A: No.
MR. LEONARD: Objection.
THE WITNESS: No.
BY MR. PETROCELLI:
Q: Had he ever told you before this evening that he was going to kill Nicole when you construed that as a figure of speech
A: No.
Q: or in a joking way or in any other way; right?
A: Right, no.
Q: So the first time that you ever heard a statement attributed to Mr. Simpson that he was going to kill Nicole was on this evening of this conversation that Resnick had with Simpson and then reported to you; true?
A: True.
Q: And did you ever hear that statement made after that evening
A: No.
Q: attributed to Mr. Simpson?
A: No.
Q: That was a bad question. Did you ever hear a statement attributed to Mr. Simpson that he was going to kill Nicole after this conversation that you just described?
A: No.
Q: So that was the only time that you heard it; true?
A: That he said that he would kill Nicole, but it is a figure of speech Q: Forget the "but" part, okay. That is Dan's job.
MR. LEONARD: I object to that.
MR. PETROCELLI: What was the beginning of my question? Give me the question and the answer.
(The record was read as follows:
"Q: So that was the only time that you heard it; true?
"A. That he said that he would kill Nicole, but it is a figure of speech
"Q. Forget the 'but' part, okay.")
BY MR. PETROCELLI:
Q: So the only time that you heard a statement attributed by Mr. Simpson that he would kill Nicole was that evening?
A: That's correct.
Q: And you were not on the phone with O.J. Simpson when Ms. Resnick was; right?
A: No.
Q: Nor did you hear him talking when Ms. Resnick was speaking to Mr. Simpson; right?
A: Right.
Q: You were not listening on the other end; right?
A: No.
Q: And you could not hear his voice, I take it?
A: Correct.
A: So you had no idea whether he meant it seriously, joking, figure of speech or otherwise; true?
MR. LEONARD: Objection. Argumentative.
MR. PETROCELLI: Excuse me.
Q: True.
MR. LEONARD: Objection.
THE WITNESS: Since I did not listen to the voice, I cannot say.
BY MR. PETROCELLI:
Q: So can you answer my question? True; is that right?
A: Yes.
Q: But you nonetheless told Faye Resnick that it was a figure of speech; right?
A: Right.
Q: Now, you have just told us that Faye Resnick told you that O.J. Simpson said he would kill Nicole; correct?
A: Correct.
Q: What else did Faye Resnick tell you that O.J. Simpson said?
A: That was it. After that she went downstairs.
Q: Was there any discussion of the Sports Spectacular event, whether Mr. Simpson said he would invite her, notwithstanding that Nicole would not be there, anything like that mentioned?
A: That evening?
Q: In this conversation now between you and Faye reporting on her just concluded conversation with Mr. Simpson.
A: No.
Q: Now, when Ms. Resnick told you what O.J. Simpson had said, it is fair to say that she appeared to you to be upset?
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: True?
A: Not any more or less upset than she usually was in her condition.
Q: Well, aside from the reason for her being upset, she seemed to you to be distraught true?
A: Uh-huh.
Q: True?
A: Yes.
Q: (Continuing) at the time that she reported the O.J. Simpson statement to you; true?
A: Yes.
Q: Now, you said that after she reported O.J. Simpson's statement that he would kill Nicole she went downstairs?
A: After she had plopped herself on the couch she then went downstairs.
Q When you say she plopped herself on the couch, how long was she down there on the couch with you?
A: Thirty seconds.
Q: And then she got up and walked away; right?
A: Right.
Q: When did you next talk to her?
A: Probably the next morning.
Q: You did not see her the rest of that evening?
A: I saw her but we didn't talk.
Q What was the reason for that?
A: She was high.
Q: And where was she?
A: She was downstairs in the bedroom.
Q: By the way, did you see her take any drugs that day?
A: No.
Q: Did you see her freebase cocaine?
A: No.
Q: Smoke any dope?
A: No.
Q: Take any pills?
A: No.
Q: Drink any alcohol?
A: No.
Q: Did she tell you that she had done those things?
A: No. Q: And did anyone else tell you that she had done those things
A: No.
Q: that evening
A: No.
Q: or that day?
A: (Witness shakes head.)
Q: You then called O.J. Simpson?
A: I don't believe that I talked to him that day. I believe I talked to him the next day.
Q: Did you have any telephone calls with him that evening after the Resnick conversation?
A: I don't believe so, no.
Q: And tell me who called who the next day?
A: I don't recall who called who, but we talked about the Sports Spectacular event.
Q: Was it a telephone call?
A: Yes.
Q: Where were you when you participated in that telephone call?
A: I think it was at my office.
Q: You think you called him?
A: I really don't recall.
Q: Tell me what was discussed in this conversation between you and Mr. Simpson?
A: Just going to the Sports Spectacular event and that he was going to bring Paula, and he was looking forward to us being there.
Q: "Us" meaning who?
A: Faye and I.
Q: Anything else said?
A: I think it was a very brief conversation.
Q: So you cannot remember anything else?
A: No. It was just real quick, brief, checking in with each other.
Q: Had you been to the Sports Spectacular event before?
A: The year prior.
Q: And where was it the year prior? This is July 4, 1993 now.
A: It was in I don't recall the location. I don't recall.
Q: What was the event, if you could generally describe it for us, please.
A: It is an event where sports people get honored for their involvement in medical give support to medical clinics.
Q: And you attended the year before?
A: Right.
Q: At Mr. Simpson's invitation?
A: Mr. Simpson and Nicole, yes.
Q: And who was present at the same table? Were you at the same table with Nicole and Mr. Simpson?
A: Right.
Q: And you and Ms. Resnick?
A: Right.
Q: And who else was there with you?
A: I don't recall. A big round table.
Q: And did you pay?
A: No.
Q: Did Mr. Simpson pay?
A: Yes. I assume so. I don't know who paid.
Q: You didn't pay. Do you know how much it cost him
A: I have no idea.
Q: for you and for Ms. Resnick?
A: I don't know.
Q: Had you been there the year before in 1992? A: No.
Q: In the various times that you said you either treated or helped Mr. Simpson work out, you said there were maybe four or five occasions, did you ever see him bleed?
A: No.
Q: Did he ever tell you that he has a habit of bleeding for no apparent reason?
A: No.
Q: Did he ever tell you that he just cuts himself frequently
A: No.
Q: playing golf?
A: No.
Q: Did you ever ask Mr. Simpson how he got the cuts on his fingers?
A: No.
Q: You saw that he had cuts on his fingers when he came back from Chicago?
A: No.
Q: You heard that in the media reports?
A: I heard that in the media.
Q: Did you ever ask him how he got these cuts?
A: No.
Q: Did he ever discuss that with you?
A: No.
Q: Did he ever talk to you in all of these many conversations that you and he have had, particularly since he has been released from jail? Did he ever talk to you about how he got those cuts?
A: No.
Q: Has he ever talked to you about why he was bleeding at Rockingham before he left his house to go to the airport?
A: No.
Q: No conversations on that at all?
A: None.
Q: Did he ever talk to you about the whereabouts of his luggage or what luggage he took and what items went where?
A: No.
Q: He never discussed that with you?
A: No.
Q: Did he ever discuss with you why he went to the airport with Bob Kardashian to pick up his golf clubs a day or two after learning of Nicole's death?
A: No.
Q: Did he ever discuss with you what his reaction to hearing of Nicole's death was in Chicago when the police called him?
A: No.
Q: Did he ever talk to you about whether the gloves that were found at the Rockingham scene and the Bundy crime scene were his gloves?
A: No.
Q: Or whether the shoe prints were his shoes?
A: No.
Q: So he has not talked to you about the physical evidence?
A: No.
Q: The knit cap, he did not talk to you about that at any time
A: No.
Q: whether it was his or whose, it was?
A: No.
Q: Fake goatee and moustache?
A: No.
Q: No?
A: No.
Q: Have you ever participated in discussions with Mr. Simpson and others in which those topics were mentioned or brought up?
A: No.
Q: Does Mr. Simpson to your knowledge make a point of avoiding discussing those topics with you because of the pending lawsuit?
A: No.
Q: Did he consult with you on what to say or not to say in his video?
A: No.
Q: Did he ask your advice?
A: No.
Q: Did he ask for your opinions at all?
A: No.
Q: Did he ask whether you thought it would be a good or bad idea to make the video?
A: No.
MR. RUBALCAVA: You are talking about Mr. Simpson's post-release video as opposed to the video that Mr. Reichardt consulted with on the exercise?
MR. PETROCELLI: Yes. I am talking about the video in which he tries to persuade people that he is innocent, that video, not the exercise video.
MR. RUBALCAVA: Okay.
THE WITNESS: Right.
BY MR. PETROCELLI:
Q: Now, you went to Cabo San Lucas with Mr. Simpson in April of 1994; right?
A: That's correct.
Q: Could you look at your calendar and tell me I think you told us what the dates were actually.
A: Easter.
Q: You told us it was March 31 through, I guess, April 3 or 4; is that right?
A: Yes. April 1 through the 4th.
Q: How did you get to Cabo?
A: I flew.
Q Did you fly alone?
A: Yes.
Q: Where did you stay there?
A: We stayed at a house by the Palmilla Hotel.
Q: And whose house was it?
A: It was a rented house.
Q: Did you pay for the rental?
A: No.
Q: Who paid?
A: Mr. Simpson.
Q: Who stayed in your particular condominium? You and Ms. Resnick?
A: Yes.
Q: And Francesca?
A: No. Francesca was supposed to be staying over at the general house.
Q: So just the two of you?
A: That's correct.
Q: And when did Faye Resnick come down to Cabo?
A: They left the day before me.
Q: And when did O.J. Simpson go down there?
A: I think they all went together with O.J.
Q: So you came one day later?
A: That's correct.
Q: And you stayed there until the 4th and you left on the 4th?
A: Right.
Q: And did you leave alone?
A: Right.
Q: And where did you go?
A: Back to Los Angeles.
Q: And do you know when Mr. Simpson left Cabo?
A: He left the day before me.
Q: On the 3rd?
A: Right.
Q: Did you take him to the airport?
A: Yes, I did.
Q: You drove him?
A: Yes.
Q: What kind of car?
A: A VW bus.
Q: To whom did it belong?
A: I think it belonged to the house.
Q: Did it have a phone in it?
A: No.
Q: Did Mr. Simpson make any phone calls on that ride to the airport?
A: No.
Q: Did he use his portable phone to make any calls?
A: No.
Q: Did anybody else take you to the airport go with you and Mr. Simpson to the airport?
A: No. It was just me. I think it was just the two of us.
Q: And he was going off to catch a plane to Puerto Rico?
A: I think first back to LA. and then to Puerto Rico, however the transition was.
Q: Did he give you a number where he could be reached in Puerto Rico?
A: No.
Q: Did he make plans to see you again?
A: Yes, when his show was done, when his film was done in Puerto Rico.
Q: Did he give you a date certain or event when you would next see each other?
A: No.
Q: Did he say how long he would be gone?
A: I think he said about a week-and-a-half.
Q: Now, can you tell us what you and Mr. Simpson did in Cabo San Lucas together during the three days that you were there?
A: Everybody or him and I specifically?
Q: Did the two of you ever spend any time alone other than going to the airport to take him to the airport?
A: No. It was always a whole group of people together.
Q: Did you observe the interaction between Mr. Simpson and Nicole?
A: Yes.
Q: And can you characterize it for us.
A: It was very loving and happy. They were they seemed pretty happy at the time.
Q: Now, you testified Friday that you had already had conversations with Mr. Simpson about them being in an unhealthy relationship, or he was saying that to you and you were saying that to him about your respective relationships; is that
A: That's correct.
Q: Did it come to you as a surprise, then, to see Nicole and Mr. Simpson interacting so positively?
A: No.
Q: Did you ever have a chance to talk with Mr. Simpson about whether he had different feelings now about his relationship and his plans?
A: In Cabo?
Q: Yes, in Cabo.
A: No.
Q: Including on the way to the airport.
A: Just something that I thought it was I mentioned to him, I think on the way to the airport, that I thought it was great that they were getting along.
Q: What did he say?
A: He felt happy. He felt good. He had a good time in Cabo.
Q: Did he say, "You know, I think I'm going to stay with her and have her move back in?"
A: No.
Q: "I think it is now going to work out"?
A: No.
Q: Did he tell you that it was not going to work out?
A: No.
Q: So he gave you no idea one way or the other what was going to happen with his relationship insofar as he was concerned?
A: At that moment, right.
Q: Was there an episode or incident that occurred when Mr. Simpson was talking to Nicole about frogs and about his being the FROGMAN?
A: There was a time when we discussed his role as the FROGMAN where everybody was sitting out on the patio, and he was basically saying that it was funny that Nicole had this fear of frogs and here he is doing this role as the FROGMAN and everybody was laughing about it.
Q: Did Nicole laugh?
A: Absolutely.
Q: Did Nicole show any signs of being upset by this?
A: No.
Q: Did she say anything to Mr. Simpson about that comment?
A: I think everybody was just jesting around with the comment.
Q: Who made the comment, Mr. Simpson?
A: Yes. Actually, I think it was talk between O.J. and Faye that started it, you know, was the start of it, "What are you reading for? What is the script? What is it about?" You know, and that is how the conversation started.
Q: And Mr. Simpson made a comment in this conversation that "Isn't it funny how Nicole is afraid of frogs and I am playing the role of FROGMAN"?
A: Right.
Q: And you did not see any signs of Nicole being upset by that?
A: Not at all.
Q: Did Faye comment to you later on about Nicole's reaction to that comment?
A: No.
Q: Did you see Mr. Simpson flirt with any other women during that time in Cabo?
A: No.
Q: Did you see him talk to any other women?
A: No. Just our group, that was it.
Q: Did Mr. Simpson describe any of the script in FROGMAN or the scenes in FROGMAN or the actions he would perform?
A: He only described briefly what kind of script it was.
Q: What did he say?
A: That it was a script about an aging military guy that is putting together a team and like a detective-type story.
Q: Did he tell you that it was written by an ex-Navy seal man?
A: Yes.
Q: Did he tell you about his conversations with this ex-Navy seal man?
A: No.
Q: Did he tell you his name?
A: No.
Q: Did he show you any movements or actions with a knife?
A: No.
Q: Can you recall any conversations that you had with Mr. Simpson about his relationship with Nicole during this Cabo trip?
A: Other than the brief comment on the way back to the airport, no.
Q: And did you have any discussions with either Nicole or Faye Resnick about Nicole's relationship with Mr. Simpson during this trip?
A: Just that Faye and I thought that it was good to see them having a good time, enjoying each other.
Q: You said that to one another?
A: Right.
Q: Now, after you went back to Los Angeles, when was the next time you heard from Mr. Simpson?
A: That I spoke to him in person?
Q: No, not in person. Spoke to him either in person or over the telephone or received a fax from him or any communication.
A: April 30th I talked to him in person over the phone.
Q: That was the next time?
A: That was my birthday party, right.
Q: So it was about a month later?
A: Right.
Q: And between April 3 and April 30 you had no contact at all with O.J. Simpson
A: No.
Q: is that true?
A: That's right.
Q: Now, your party was at your condominium on [Address Deleted]; correct?
A: That's right.
Q: And had that party been planned to your knowledge by Faye Resnick?
A: Right.
Q: And had it been planned to your knowledge as early as the trip to Cabo?
A: I don't know.
Q: Was there any talk about that party?
A: No. I think initially she wanted to make it a surprise party, but then later it turned out not to be a surprise party.
Q: How many people attended?
A: Thirty people, thirty-five people.
Q: All right. And did Mr. Simpson arrive at that party with Nicole?
A: Right.
Q: And they arrived together?
A: Right.
Q: Did you understand that he had just returned from Puerto Rico?
A: Right.
Q: And how did you know that?
A: I think Faye was telling me that Well, actually the reason why the birthday party was moved from my birthday the 28th to the 30th was because O.J. was going to come back a couple of days late.
Q: Why was the party moved? Just to accommodate O.J. Simpson?
A: Faye thought that that is what she wanted to do.
Q: Where is the calendar for that period of time?
A: Right here.
Q: Let me see that for a second. Your birthday was on April 28th?
A: Right.
Q: Which was a Thursday?
A: Right.
Q: And it was moved to April 30th, Saturday?
A: Right.
Q: Now, did you speak to Mr. Simpson at that party?
A: Yes.
Q: Did you speak to him alone at all?
A: No. We were sitting on the couch.
Q: Did you observe the interaction between Mr. Simpson and Nicole?
A: Right.
Q: And can you describe it for us, please.
A: He was sitting on a chair at the moment and Nicole was sitting in front of him on the floor so and they were they seemed to enjoy their time. They just had a good time.
Q: Was that the last time that you saw them together?
A: Yes, I believe so. I believe so. We might have had another dinner in between, but I don't recall.
Q: Did you say you had no private conversation with Mr. Simpson at that time?
A: Right.
Q: Now, the next day, did you talk to him about the party or about his relationship with Nicole?
A: No.
Q: Do you remember the next time that you spoke to O.J. Simpson after April 30 when you saw him at the party?
A: Yes. I believe in the next couple of days after the party. Not the first day but the next couple of days afterwards.
Q: In the beginning of May?
A: Right.
Q: And what was the occasion?
A: Like I said, checking in with each other as friends to see how the other one was doing, and he was talking to me about how Nicole would be one day happy, one day not happy, one day everything would be fine, one day they had a fight, and he was just talking about how he doesn't want to do that anymore, he doesn't want to have that in his life anymore.
Q: Now, tell me when that conversation occurred. And if you need to, look at your calendar, the one that you just described.
A: Like I said, it must have been in the next few days after the birthday party.
Q: Was it a telephone call?
A: Yes.
Q: And did that
A: Several calls over, you know, a few days' period of time.
Q: Can you separate them out in your mind or do they all run together?
A: They all pretty much run together.
Q: In these collective conversations Mr. Simpson talked to you about the problems he was having with Nicole; true?
A: Correct.
Q: Did this come as a surprise to you given that you had last observed them interacting positively on your birthday on April 30 and the immediately prior time you saw them together was in Cabo and they also interacted positively together?
A: No, it didn't seem strange to me.
A: And you had not talked to him at all about his relationship?
A: Correct.
Q: Had you heard from Faye Resnick or from Nicole about what was happening between Mr. Simpson and Nicole?
MR. LEONARD: Object to the compound question.
THE WITNESS: Yes and no. Sorry. I don't know how to answer with one.
BY MR. PETROCELLI:
Q: Had you heard from Nicole about what was happening in her relationship with Mr. Simpson about the Cabo trip and your birthday party on April 30?
A: No.
Q: You had no discussions at all with Nicole
A: No.
Q: about that?
A: No.
Q: Had you had any interaction at all with Nicole between Cabo and April 30?
A: Very little. Very little.
Q: What do you remember?
A: Just that she would come over and pick up the kids, if I would go over there and pick up Francesca, drop off Francesca, just to play with the kids.
Q: Anything beyond that?
A: No. I doubt it.
Q Did you talk with Faye Resnick between Cabo and your birthday party on April 30th about the relationship between Mr. Simpson and Nicole?
A: Yes.
Q: And did you have a number of conversations?
A: Yes.
Q: What did you learn about the relationship in those conversations?
A: That it was going up and down.
Q: What did Faye tell you?
A: That they were going through difficult times.
Q: Well, Mr. Simpson was off filming something in Puerto Rico?
A: Right.
Q: Did you question how they could be going through difficult times
A: Right.
Q: since he is not even with her?
A: Right.
Q: What did she say?
A: Well, Mr. Simpson would talk to Faye on the phone and ask Faye why Nicole would be reacting certain ways, the way that she was, and then Faye would relay to me how Nicole and O.J. were going through difficult times. A: When you got back from Cabo, how long thereafter did Faye Resnick return?
A: I returned on a Monday. I believe she returned on a Friday.
Q: April what?
A: 7th.
Q: Or thereabouts?
A: Yes.
Q: Did you and she talk over the telephone during the four or five days that you were in Los Angeles and she was still in Cabo?
A: Perhaps once.
Q: Was your conversation about Nicole's relationship with Mr. Simpson?
A: No.
Q And when she came back, did she talk to you about that subject?
A: No.
Q Did she tell you, "By the way, Nicole is splitting up with O.J. or is thinking about splitting up"?
A: No.
Q: Did she tell you that Nicole had met a man in Cabo?
A: No.
Q: Did she tell you about a man named Brett?
A: No.
Q: Have you ever heard about a man named Brett that Nicole and/or Faye Resnick met in Cabo?
A: No.
Q: To this day you have no knowledge about a man named Brett?
A: The only knowledge I have is what I read in Faye's book. That's all.
Q: When you read it, what did you think in terms of whether that was true or not?
MR. LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: Did you ask her or anybody any questions about it?
A: No.
Q: What did you read in her book?
A: That Faye and Nicole had met two people down in Cabo and that Nicole ended up spending the night with one of them.
Q: So when you heard that for the first time, or read that, you did not check into that or ask anyone about it; right?
A: No.
Q: Now, did there come a time when following Faye Resnick's return from Cabo she told you about problems in Nicole's relationship with Mr. Simpson?
A: Yes.
Q: What did she tell you?
A: Just that they were having problems, they were going through difficult times.
Q: Did she explain why?
A: No.
A: Did she explain anything that had caused these problems?
A: No.
Q: You do not remember any information she gave you at all?
A: It is not that I don't remember. I didn't talk to Faye much at that time.
Q: Well, you just said that she was talking with you about these problems.
A: Briefly. You are asking me what all the things she said. At that time Faye and I did not interact very well at all, so whatever small polite conversations we had it was just they were having problems and I would say, well, okay, so I did not check into anything, I did not have lengthy conversations with her.
Q: And you did not contact Mr. Simpson either
A: No.
Q: to find out what was going on from his end; right?
A: No.
Q: But you did know that Mr. Simpson was having telephone conversations with Faye Resnick about this; right?
A: Right.
Q: And those calls were coming into the condominium; is that correct?
A: Right.
Q: And you would be there when Faye was talking to him; right?
A: Right.
Q: Including when Mr. Simpson was in Puerto Rico; right?
A: I don't know that which calls that he had, whether they were from Puerto Rico or not.
Q: And there were a large number of calls during this time period?
MR. LEONARD: Objection.
THE WITNESS: They were probably talking once or twice a week, lengthy, right in right in the times right after Cabo.
BY MR. PETROCELLI:
Q: And at no time, by the way, did you pick up the phone to talk to Mr. Simpson during these conversations he had with Faye Resnick; right?
A: No.
Q: And you could overhear from Ms. Resnick's side of the conversation that they were talking about, the problems that he was having with Nicole; right?
A: Right.
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: And did you then inquire to Faye what was going on?
A: No.
Q: Could you tell from listening to one-half of the conversation what was going on? Did you get the gist of it, in other words?
A: Yes. The gist of it was Faye trying to remain friends with both of them.
A: Wasn't the gist of it that O.J. Simpson was trying to find out from Faye what was going on with Nicole?
MR. LEONARD: Objection. Argumentative.
BY MR. PETROCELLI:
Q: Don't you remember that?
A: I think that was part of it, yes.
Q: And don't you remember that Mr. Simpson was getting no communication or receiving no communication from Nicole following the Cabo trip and he was trying to find out from Faye what had happened to her since they had such a good time together in Cabo?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: Right. And it just was also Faye trying to explain to O.J. why she and I were having problems, and that was basically the gist, two people talking about their respective difficulties in relationships.
BY MR. PETROCELLI:
Q: Now, do you recall explanations or reasons that Faye Resnick gave to Mr. Simpson on the phone as to why Nicole was behaving the way she was?
A: The gist of it was that Nicole just needed some time and space and Faye was trying to explain that to O.J.
Q: Do you know whether Nicole was seeing a counselor or a therapist during this time frame?
A: No.
Q: By "this time frame" I mean April, May, and into June of 1994?
A: No.
Q: Did Faye see a counselor or a therapist during this time frame?
A: No, not to my knowledge.
Q: Okay. Now, you said that there came a time when you then had some conversations with Mr. Simpson, and I guess it was a couple of days after your party in the first week of May; right?
A: Right.
Q: And you said you had a couple of them and you cannot separate them out, that they all kind of run together; right?
A: Right. We had several, more than a couple.
Q: Now, apart from these telephone calls, did you ever have a time from your party through June 12 when you and O.J. Simpson sat down together and had a lengthy conversation about his problems with Nicole?
A: No.
Q: Did you ever have any conversation about Nicole in person with Mr. Simpson from April 30 to June 12?
A: Can you repeat that. Whether I had
Q: Yes. I am trying to figure out whether you were ever alone with Mr. Simpson in person where you talked about his problems or his relationship with Nicole from the date of your party until Nicole's death on June 12?
A: No.
Q: Did you ever see him at all during that time frame?
A: Yes. I think we had a couple of dinners together.
Q: Who went out for those dinners?
A: Faye, Nicole, O.J., and I.
Q: Can you identify the dates of those dinners?
A: No.
Q: Can you look at your calendar to see if that refreshes your recollection?
A: I don't put dinner dates in here.
Q: Do you know for a fact that there were such dinners following your party?
A: I am pretty certain.
Q: Why?
A: Because that is what we used to do.
Q: But this was a time when you and Faye were not talking to one another and when you were hearing that O.J. Simpson and Nicole were having problems; right?
A: Yes.
MR. LEONARD: Objection. Argumentative.
BY MR. PETROCELLI:
Q: But you still believe that given those facts that there were these dinners that the four of you went out on, or could it be that that was before the Cabo trip?
A: It could be that it was before the Cabo trip. I know that four people exactly Ron and Cora also as a group of friends were still trying to figure out how to work things out.
Q: But as you sit here today you cannot specifically recall going out with Mr. Simpson to an event, whether it be a dinner or something else, between April 30 your birthday and June 12; true?
A: True.
Q: And these dinners that you just mentioned might well have occurred before the Cabo trip right? and not after the Cabo trip?
A: Yes. I am trying to figure it out in my head where these dates were.
Q: And Cora and Ron Fischman were also having their difficulties, too; right?
A: Right.
Q: By the way, did you speak to Ron Fischman at all about this problem that he was having with Cora?
A: When?
Q: Let's say, any time after your birthday party through June 12th.
A: I don't recall a particular time.
Q: You don't recall?
A: A particular time that I talked to him, but like I said, in that time we were trying to everybody was trying to figure out
Q: Did you spend any time with Mr. Fischman alone?
A: No.
Q: Do you know whether he knew before June 12 of his wife's affair with [Name Deleted]?
A: I don't believe that he knew.
Q: Did you ever talk to Mr. Simpson about whether about that situation?
A: About what situation?
Q: Cora Fischman, Ron Fischman and [Name Deleted]?
A: At what time?
Q: After your birthday party
A: After my birthday party.
Q: before June 12?
A: Yes, I am sure that we did.
Q: Why are you sure?
A: Because it was the other couple that was involved in a similar type of situation.
Q: Can you remember any time when you were together with Mr. Simpson at all in person after your birthday party and before June 12th?
A: No.
Q: And it may well be that the two of you did not see each other in person during that time frame?
A: Right. But talked over the phone quite a bit.
Q: When you say "quite a bit," you were not close friends with him during this time frame?
A: We were getting closer at the time because we were going through two similar things.
Q: Did you take another trip to Cabo in May?
A: Right.
Q: Do you want to look at your calendar and tell me when that trip occurred.
MR. RUBALCAVA: Can we turn the air conditioner down.
MR. PETROCELLI: Sure.
(Discussion held off the record.)
THE WITNESS: That was May 27 through the 30th, Memorial Day weekend.
BY MR. PETROCELLI:
Q: Where did he stay in Cabo?
A: At the Palmina Hotel.
Q: Did you pay for that?
A: Yes.
Q: Who did you go with?
A: The [Name Deleted] family.
Q: Is that [Name Deleted] ?
A: Yes.
Q: And [Name Deleted]?
A: That's correct.
Q: And who else?
A: Faye.
Q: And anyone else?
A: The kids.
Q: Francesca?
A: Francesca.
Q: And the [Name Deleted] children?
A: And the [Name Deleted] children. And one of the [Name Deleted] daughter's is called Nicole, her boyfriend.
Q: Anyone else?
A: No. That was it.
Q: So your relationship with Faye had not obviously ended by this time; right?
A: Right.
Q: Was there any conversations with Nicole over the telephone during this trip to Cabo
A: No.
Q: that either you or Faye had?
A: That I had, no. That Faye had, I don't know.
Q: And did you have any conversations with Mr. Simpson during this time frame?
A: No.
Q: And do you recall whether you and the [Name Deleted]s and Faye Resnick were discussing the Simpsons and their relationship
A: No.
Q: and what was going on in it? No?
A: No.
Q: Now, prior to June 12 did you ever have any conversation with Mr. Simpson about the IRS issue that he was confronting Nicole about?
A: No.
Q: Did you know about it?
A: I knew about it from Faye.
Q: What did Faye tell you?
A: That Nicole was trying to have a residence at O.J.'s house because of some tax-related issue.
Q: What did she tell you about O.J. Simpson's conduct toward Nicole in that regard?
MR.LEONARD: Objection. Lack of foundation.
THE WITNESS: I didn't talk to her much about it.
BY MR. PETROCELLI:
Q: Did you know that Mr. Simpson was threatening her with IRS action? "Her," Nicole that is.
A: No.
MR. LEONARD: Objection. Misstates the evidence.
BY MR. PETROCELLI:
Q: You didn't know that?
A: No.
Q: Did you know that Mr. Simpson had told Nicole that he would take every last penny that she had and put her out on the street?
A: No.
Q: Would that surprise you to learn that he had said such a thing to her?
A: Yes.
Q: Did he ever express to you that kind of hostility or venom about Nicole in his conversations with you?
A: No.
Q: Would it surprise you to learn that he sent a letter to Nicole telling her that she should refrain from getting him in trouble with the IRS?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: Would it surprise me
BY MR. PETROCELLI:
Q: Right.
A: if I knew that
Q: Exactly. That he had gone that far as to write a letter with lawyers and so forth and have it hand-delivered by messenger to her home a week before she was killed.
A: Yes, I think it would surprise me.
Q: Did he tell you that he was doing so?
A: (Witness shakes head.)
Q: Did he tell about that letter?
A: No.
Q: Did he tell you about a letter that he had written to Nicole saying you know, stay away from my housekeeper," did he tell you about that letter?
A: No.
Q: Did he tell you about all of the events for his children that he was not attending in the first two weeks of June because he was out of town?
MR. LEONARD: Objection.
THE WITNESS: No.
BY MR. PETROCELLI:
Q: Did he tell you that he was missing important events for his children
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: (continuing) while he was playing golf with rich people in the East?
MR. LEONARD: Objection.
THE WITNESS: No.
BY MR. PETROCELLI:
Q: No?
A: No.
Q: Did he tell you about his trip to Connecticut?
A: No.
Q: Did he tell you about going to the Forschner board meeting and picking up knives and watches there?
A: No.
Q: Did he tell you about his friend [Name Deleted] in New York?
A: I know [Name Deleted] from New York but I am not quite understanding
Q: Prior to June 12 These are the things that were going on in Mr. Simpson's life, and I am trying to find out whether he shared any of these with you at all.
A: No. I just knew, as I said on Friday, that he was going on a trip towards the East Coast and I thought it was Florida.
Q: And he told you nothing about coming back on Sunday for a recital?
A: No.
Q: And he never even mentioned the recital to you; right?
A: No.
Q: Did he tell you about this event that he attended with Ms. Barbieri on Saturday night?
A: No.
Q: Where the then First Lady of Israel was in attendance?
A: No.
Q: Did he tell you about the fight he had with Paula Barbieri or argument, conflict with her?
A: No.
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: Did he tell you about any of his interaction with Ms. Barbieri on Memorial Day weekend?
A: No.
Q: Did he tell you that he even saw her on Memorial Day weekend?
A: No.
Q: Did he tell you what he did on Memorial Day weekend?
A: No.
Q: Did Faye talk to you about Nicole hanging up on O.J. Simpson in the last 10 days of Nicole's life?
A: No.
Q: Now, before you went away to Cabo on Memorial Day weekend, Faye was not sleeping over Nicole's house then; right? This was after Memorial Day weekend; right?
A: Right.
Q: So you got back from the Memorial Day trip to Cabo when?
A: The 30th.
Q: Okay.
A: Memorial Day, the evening.
Q: And Faye spent June 8th at your house, the night of the intervention; right?
A: Right.
Q: And on the morning of the 9th you took her to Exodus; right?
A: That's correct.
Q: The evening of the 30th you and Faye spent together at your condominium; right?
A: Right.
Q: The evening of June 7th Faye spent at the [Name Deleted]s, is that right?
A: The evening of the 7th, Tuesday, right.
Q: Or was it at your place?
A: No. I am pretty sure that she spent it at Nicole's or at the [Name Deleted]s.
Q: The [Name Deleted]s; right? The 7th right?
A: At that time she was staying at different people's houses.
Q: What I am trying to find out is how many nights can you tell us for sure that Faye Resnick spent at the home of Nicole on Bundy? And we now have narrowed it down starting with May 31 through June 6th May 31, June 1, June 2, June 3, June 4, June 5, June 6. There is seven days their, okay.
Now, during those seven days tell us how many of them you know for sure that Faye spent at the house of Nicole?
A: I don't know.
Q: And how many she spent at the house of the [Name Deleted]s?
A: I think she only spent one night at the [Name Deleted]s.
Q: And you think that that was what night?
A: I don't know. I'm not sure. And actually the days before Cabo at times she would spend time at Nicole's.
Q: I am now talking about when she, in effect, moved out of your place as you were testifying about on Friday. Okay?
A: I am not Faye's keeper. I don't know where she spent her nights.
Q: But you do know if she is not spending them with you?
A: Right.
Q: You slept at the [Address Deleted] condominium during this entire period of time
A: That's correct.
Q: as opposed to some other place; right?
A: No. Actually the 4th and 5th I went to San Diego.
Q: June 4th and June 5th you were out of town those two nights?
A: Right.
Q: So you do not know whether Faye spent those in her condo or not; right?
A: That's correct.
Q: You never took her keys away; right?
A: No.
Q: So it is fair to say that you don't know how many nights she spent at Nicole's house during the first 12 days of June; true?
A: That's correct.
Q: You do not even know if she spent any nights there, do you?
A: That's right. Well, no, that is not correct. I know that she called me in San Diego, repeatedly throughout the night from Nicole's house.
Q: What night was that?
A: That would be Saturday the 4th.
Q: And what was the
MR. PETROCELLI: Off the record for a second.
(Discussion held off the record.)
MR.PETROCELLI: Back on. What was the last question that I asked?
(The record was read as follows:
"Q: What night was that?
That would be Saturday the 4th.")
BY MR. PETROCELLI:
Q: What was Faye calling you about repeatedly on the evening of June 4?
A: She was checking in whether I was having somebody over, and we were having a friend over, a girl over at this friend's of mine place in San Diego.
Q: Who were you staying with?
A: [Name Deleted]
Q: She thought you were seeing another woman or something?
A: Yes.
Q: What did you tell her?
A: No.
Q: Now, did she tell you what she and Faye Resnick what she and Nicole were doing that evening?
A: No.
Q: During this period of time, let's say, starting from after your birthday party, May and up through the first 12 days of June when Nicole was killed, did you come across any information from anybody Mr. Simpson, Mr. Fischman, Cora Fischman, Nicole, whoever that Faye Resnick was having any kind of relationship, intimate relationship with Nicole?
A: No.
Q: Or that Faye Resnick and Nicole were having intimate relations with other men, threesomes?
A: No.
Q: Anything like that?
A: (Witness shakes head.)
Q: Excuse me?
A: No.
Q: Or that they were going with dangerous people?
A: No.
Q: Or that they were going out with people who you felt might be a threat to their safety?
A: No.
Q: Or that they had received any threats on their lives?
A: No.
Q: Or anyone had threatened them?
A: (Witness shakes head.)
Q: "Them" of course being Nicole and Faye Resnick?
A: No.
Q: So it is fair to say that prior to June 12 you did not receive any information whatsoever that in your mind led you to believe that Faye's life was in danger; true?
A: Right.
Q: Or that Nicole's life was in danger; true?
A: Right.
MR. PETROCELLI: We can break here for lunch.
(At the hour of 12:33 p.m. a luncheon recess was taken, the deposition resume at 1:30 p.m.)
(At the hour of 1:50 p.m. the deposition of CHRISTIAN H. REICHARDT was resumed at the same place, the same persons being present with the exception of Mr. Fredric Goldman.)
(Plaintiffs' Exhibits 169 through 172 were marked for identification by the reporter are attached hereto.)
EXAMINATION (Resumed)
BY MR. PETROCELLI:
Q: Mr. Reichardt, you gave a statement to the District Attorney's office on November 29, 1994; right?
A: Yes. I believe that's the date.
Q: With Christopher Darden and investigator Dana Thompson?
A: Right.
Q: And your attorney Mr. Rubalcava was present?
A: Right.
Q: Did you answer all the questions truthfully?
A: Yes.
Q: And you did not omit anything important in response to the questions; right?
MR. LEONARD: Objection.
THE WITNESS: Not that I am aware.
BY MR. PETROCELLI:
Q: And you would have said the same thing had you been under oath; right?
A: Absolutely.
MR. RUBALCAVA: I think you were sworn, weren't you?
THE WITNESS: I was sworn in.
BY MR. PETROCELLI:
Q: You were put under oath?
A: Yes.
MR. RUBALCAVA: I believe so, and I believe there was a court reporter there.
THE WITNESS: Yes.
MR. LEONARD: It does not indicate that in the transcript.
MR. PETROCELLI: It says at the beginning of the transcript on page 1, it says "Christian Reichardt, called as a witness, testified as follows," but it does not literally indicate whether you were put under oath.
MR. RUBALCAVA: But he was.
MR. PETROCELLI: But you would have said the same thing and your lawyer has indicated that you were put under oath. Okay.
I am not going to bother marking this as an exhibit to the deposition, but let me just ask you a question or two.
Q: At page 16 of the transcript of that interview you were asked about the phone calls between O.J. Simpson and Faye Resnick that were made to your residence and specifically about the phone call in which Mr. Simpson said he would kill Nicole.
MR. LEONARD: I object to the characterization.
BY MR. PETROCELLI:
Q: And you said on page 16 starting at line 11, "I think he called her. At that time for about a two-week period of time Faye and O.J. would talk on the phone for hours, each other calling." That's true right? that that's what happened?
A: Right.
Q: You say down at line 18, "And I think O.J. was trying to find out what's up with Nicole, because if he would call Nicole he couldn't talk to her. Faye was one of was Nicole's best friend at the time and O.J. was trying to find out where Nicole's head's at, so he would call the house and get into these long conversations with Faye about what's happening with Nicole and him." And all of that is true; correct?
A: (Witness nods head.)
Q: That is what O.J. Simpson was trying to do; right?
MR. LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: True?
A: I think they were both trying to do that.
Q: But what you said here, what I just read to you was true; right?
A: Right.
Q: That wasn't a lie, right?
A: No.
Q: You were not making that up; right?
A: No.
Q: On page 23 of the transcript you are talking about a telephone conversation that you had with O.J. Simpson, I think the last time you spoke to him before Nicole's death, and starting at line 9, the question was, "He called your house?" And your answer, "Yeah, actually Faye called to tell O.J. to talk to me." And then I will continue.
"That I am such a terrible person for not marrying her. So O.J. got on the phone and, you know, Faye brought the phone up to me and O.J. and I talked about that. I said, 'I don't know what's wrong with our ladies.' And I said, 'Faye is definitely going off the deep end here.' And O.J. said, 'and I'm splitting town, you know, I don't want to deal with this anymore, I'm getting out of this."' That is true; right?
A: Right.
MR. LEONARD: I am just going to object that
BY MR. PETROCELLI:
Q: That is what O.J. Simpson said to you?
A: Yes.
MR. LEONARD: it mischaracterizes his earlier testimony.
BY MR. PETROCELLI:
Q: That is what O.J. Simpson said to you; right?
A: Right.
Q: He said, "I'm splitting town, you know, I don't want to deal with this anymore, I'm getting out of this"; true?
A: Right
Q: And he said this to you in a telephone call; true?
A: He talked about the same kind of issue over a period of time, yes.
(Telephone interruption )
(Discussion held off the record.)
MR. PETROCELLI: Could I have his last answer read back.
(The record was read as follows: A: He talked about the same kind of issue over a period of time, yes.")
BY MR. PETROCELLI:
Q: You told the prosecutor that O.J. Simpson said to you, "I'm splitting town, you know, I don't want to deal with this anymore, I'm getting out of this"? It is true that O.J. Simpson said that to you; right?
A: Right.
Q: And he said that to you in the last telephone conversation that you and he had weeks before the murder; correct?
A: One of the last. I don't specifically recall whether it was the last, but it was in that time period. That was the gist of the conversation, yes.
Q: And O.J. Simpson told you in substance that Nicole was driving him crazy; correct?
A: Yes.
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: Excuse me?
A: Yes.
Q: In this same conversation and series of conversations; correct?
A: Yes.
Q: By the way, it was Faye who broke off the relationship or the engagement with you, not the other way around; true?
A: No.
Q: Isn't it true that on the second trip to Cabo it was Faye who said, "As far as I am concerned, our engagement was off"; isn't that true?
A: That's correct. And then two hours later she came and apologized profusely.
Q: Well, you told the prosecutors as follows:
"Question by Darden: Well, who was it that broke off the engagement? You?
"Answer: No.
"Question: Okay.
"Answer: It was Faye. Our trip, second trip to Mexico, not with the Simpsons, that she walked into the room after we had flown down there with friends and she just said, 'as far as I am concerned, our engagement is off."' That is the end of the answer. That is the testimony that you gave to the prosecutors right? the statements that you gave to the prosecutor; correct?
A: Right.
Q: And that statement was correct; right?
A: But not finished. Nobody asked me further to explain that later Faye came and apologized and was wanting to try to get back together.
Q: But that statement that you made was true?
A: That's correct, right.
Q: I want to ask you whether Nicole ever told you about a phone call that she had with O.J. Simpson and then a subsequent conversation on June 3 and on June 2 of 1994.
Have you ever seen these notes before? They are notes in Nicole's handwriting.
A: No.
Q: Nicole's entry starts with Sunday, May 22, 1994. It says, "We've officially split. I told O.J. we are going back to every other weekend." And then she talks about arrangements for the children.
Did you ever have any conversations with Nicole about her official split with Mr. Simpson?
A: No.
Q: Did you have any conversations with Mr. Simpson about that?
A: No.
Q: With Faye Resnick?
A: No.
Q: Did you know that Mr. Simpson had given Nicole some very valuable jewelry?
A: I heard about it.
Q: From?
A: Faye.
Q: And did you know that Nicole returned that jewelry to him when she broke off the relationship for good?
A: I knew that Nicole had given it back to him.
Q: When did you find that out?
A: Probably in the middle of May, approximately middle of May.
Q: From whom?
A: From Faye.
Q: Did she tell you why?
A: No.
Q: Did she tell you what jewelry it was?
A: No.
Q: Did she tell you the circumstances under which it was given to Nicole by Mr. Simpson?
A: No.
Q: Did you have any understanding why Mr. Simpson would give Nicole such valuable jewelry for her birthday in the middle of May of 1994?
MR.LEONARD: Object. Lack of foundation.
THE WITNESS: No.
BY MR. PETROCELLI:
Q: And did you have any information as to the circumstances concerning why Nicole returned the jewelry?
A: As far as I knew, Nicole and O.J. were going through difficult times so I have no knowledge as to why she would have done that, no.
Q: Do you have any knowledge as to why Mr. Simpson would be giving her this valuable jewelry if he were trying to truly move on with his life?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: No.
BY MR. PETROCELLI:
Q: No?
A: No.
Q: Are you aware of any blowup in the car between O.J. Simpson and Cora Fischman?
A: (Witness shakes head.)
Q: Any argument between them in the last months of Nicole's life?
A: No.
Q: Did you have conversations with Cora directly?
A: No. Since when?
Q: Before Nicole's death.
A: No.
Q: And you have seen her
A: Yes.
Q: since Mr. Simpson's release from jail?
A: Right.
Q: She is a patient of yours?
A: Right.
Q: And you talked about Mr. Simpson from time to time?
A: Rarely.
A: Did you hear from anyone about O.J. Simpson's not taking the kids or being attentive to the kids in the last month of Nicole's life?
A: No.
Q: And did you hear about Nicole hanging up on O.J. on June 2?
A: No.
Q: Now, Nicole writes in these notes, and I don't know exactly what to call these other than her notes on June 3, "O.J. came to pick up kids at 8:30 p.m. They wanted to stay home because I let them organize sleepovers at last minute, thought daddy wasn't coming. Told O.J. I would drop them off first thing in the morning." Did you come across any information about that incident?
A: No.
MR.LEONARD: Objection. Lack of foundation.
THE WITNESS: No.
BY MR. PETROCELLI:
Q: Let me read on, and perhaps it will refresh your recollection.
"He," referring to O.J., "said okay." Then, quoting O.J. Simpson, "You hung up on me last night. You are going to pay for this, Bitch. You are holding money from the IRS. You are going to jail, you f******g c**t. You think you can do any freaking thing you want. You've got it coming. I have already talked to my lawyers about this, Bitch. They will get you for tax evasion, Bitch. I will see to it. You are not going to have a f***ing dime left, Bitch," et cetera. Now, did you ever come across any information about this confrontation between O.J. Simpson and Nicole?
A: No.
MR.LEONARD: Objection. Lack of foundation. BY MR. PETROCELLI:
Q: Do you have any information as to whether Nicole would make up something like this?
A: No
Q Did you know her to make up things in her conversations or dealings with you?
A: No.
Q: Did you know her to fabricate events that did not occur?
A: No.
Q: Did you know her to lie to you?
A: Obviously.
Q: About?
A: About her interactions with Faye.
Q: Not telling you about Faye's taking of drugs, assuming she was taking drugs?
A: And having their intimacy. There's a number of things.
Q: But rather than not telling you certain things, did you know her to affirmatively make up things that did not occur
A: No.
Q: that were a complete fabrication and figment of her imagination?
A: No. Q Did you ever have that experience with her?
A: No.
Q: Did Mr. Simpson ever tell you that Nicole had done such things?
A: No.
MR.LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: Has anyone ever told you that Nicole made up such things
A: No.
Q or would make things up against O.J. Simpson?
A: No.
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: Have you ever discussed with Mr. Simpson his belief as testified to in his deposition that Nicole invented all of these things because she had a vivid imagination?
A: No.
Q: When Mr. Simpson told you that Nicole was driving him nuts and that he was going to split town and get himself out of it, he did not tell you about his fight with Nicole over the IRS issue?
A: (Witness shakes head.)
Q: Or any other issue?
A: No.
Q: Her seeing other men?
A: No.
Q: He did not express any feelings to you about what she was doing and how it affected him?
A: No. The conversation was about that it was not working out between them and he was leaving.
Q: Okay. While we were off the record, I had marked as Exhibit 169 your Day-Timer for the period July to December of 1994.
Will you confirm that that is Exhibit 169?
A: Yes, it is.
Q: And Exhibit 170 your Day-Timer for January through June of 1995, will you confirm that?
A: Yes, it is.
Q And Exhibit 171 your Day-Timer for July to December of 1995, will you confirm that?
A: Yes.
Q: Okay. And I attached as Exhibit 172 the notes that you made in contemplation of writing the book about the O.J. Simpson case; is that right?
A: No
Q: Exhibit 172?
A: It is not about the O.J. Simpson case.
Q: What is it about?
A: It is a book about ethics and how people interact and what they do in their life.
Q: But the genesis of it is the O.J. Simpson case; right?
A: The genesis of it is the course of events that happened at that point in my life.
Q: Starting with this O.J. Simpson situation right? Nicole's death, his being accused of it, and the ethical issues that have been in your mind spawned as a result of that; right?
A: No. Actually, the thought process happened way before this case, and a lot of the thoughts had come out of the relationship that I had with Faye and prior to.
Q: Well, the truth of the matter is before the O.J. case, and by that I mean before Nicole's death and Mr. Simpson standing accused for her murder, you never wrote down any of these notes, did you?
A: That's correct.
Q: These notes all came about after the O.J. Simpson situation?
A: The notes came. The thought process was before that.
Q: But you never really got serious enough to put pen to paper until the O.J. Simpson
A: That's correct.
Q: situation; right?
A: That's correct.
Q: And you were going to do a book deal on these notes; right?
A: Yes.
Q: And you were actually contemplating doing a co-authorship with Faye Resnick?
A: No.
Q: You never discussed that with her?
A: No.
Q: Now, all of the notes here, and a number a of pages are in typewritten form and a number are handwritten are all yours; right?
A: That's correct.
Q: All of the statements are yours; right?
A: That's correct.
Q: And nobody helped you write them; right?
A: No.
Q: There is a symbol that I am pointing to on one of the handwritten pages, a triangle. that is that symbol for in your notes?
A: My symbol for change.
Q: Change, the Delta sign?
A: Right.
Q: And what is the word right before that Delta sign? I am referring to the first page of your handwritten notes.
MR. LEONARD: Are we on the first page of handwritten notes?
MR. PETROCELLI: Yes.
THE WITNESS: Faye's.
BY MR. PETROCELLI:
Q: I see. I am looking at the third page of handwritten notes, and I can't read all the writing there. Why don't you take a look at the original. There is a reference to $5,000 and 60 hours and so forth. Can you read that to me.
A: The first line says dollar sign.
Q: Dollars?
A: "Dollars from O.J. Worked 60 hours on Playboy info. Made up Gizmo."
Q: "Gizmo," what is the Gizmo?
A: The Gizmo is the little workout exercise banner.
Q: You made that?
A: Was paid $5,000 for which calculates out to about $83 an hour.
Q: What does the rest of that say?
A: Much less than in office.
Q: What does that mean?
A: It means that I made in that particular instance less dollars than I would working in the office.
Q: You are trying to show that you are not profiting from O.J. Simpson; right?
A: This was I wrote this page as a result of an interview that Faye did relatively recently.
A: Down at the very bottom there is a reference to children, what does that say?
A: Children, they love him, they jump on dad and hug him. That is in reference to how his children are behaving to him at this time.
Q: At this time?
A: Right. Recently.
Q: Since he has been out of jail?
A: Right.
Q: When did you write this page right here?
A: This was probably about a month ago, two months ago.
Q: Let me ask you a question. These typewritten pages, when were they written?
A: Those were written through '95.
Q: And going to the first
A: These, I would say, probably December of '94 through September.
Q: Of?
A: Of '95.
Q: What is?
A: The typed notes.
Q: The typed notes. Now go to the handwritten notes.
A: The handwritten notes would be after that.
Q: Starting when and going to when?
A: From the middle of last year until a month ago, two months ago, something like that.
Q: Have you told O.J. Simpson about this contemplated book?
A: No.
Q: Now, you have a statement on the top of one of these pages that says, amazing how many people did not come forward in order not to it looks like become involved or be involved. Do you see that right here (indicating)?
A: Yes.
Q: Who are those people?
A: Well
Q: Name them.
A: I think Ron Fischman, I think Cora. You know, there are a number of people that have not gone as public as a lot of other people have.
Q: Are you actually saying, then, that the number of people who have not come forward is amazing, indicating a staggering number.
A: I think that a lot
Q: Who are those people besides Cora and Ron.
A: I think
Q: Cora was on The Barbara Walters Show so she did come forward; right?
A: Yes. But, you know, there is a way of coming forward and there is a way of coming forward.
Q: Do you think Cora has more to say, you mean?
A: I don't know what she said in the deposition with you, but I know that she has not stepped in the media saying
Q: Is it fair to say that you are referring to people who should come forward on behalf of O.J. Simpson to speak out in his defense; is that a fair statement?
A: No. This has nothing to do with O.J. Simpson. It has to do with, I think, people are scared about the process.
Q: Well, when you say it does not have to do about O.J. Simpson, you are talking about people coming forward to talk about their knowledge of this case; right?
A: Right.
Q: And Cora is one of them; right?
A: Yes.
Q: And what do you understand Cora Fischman to know that is so important about this case?
MR.LEONARD: Objection. Lack of foundation.
THE WITNESS: I think that, you know, her belief of what happened. She hasn't fully She hasn't gone into the media and exploited it.
BY MR. PETROCELLI:
Q: What do you understand her belief of what happened to be?
MR. LEONARD: Objection. Lack of foundation.
THE WITNESS: That O.J. is innocent.
BY MR. PETROCELLI:
Q: And did she explain why O.J. is innocent to you?
A: No. But she explained to me that that is what she believed.
Q: And what about By the way, have you spoken to her since her deposition was taken?
A: No.
Q: Have you talked to her about whether she still has that belief now?
A: No.
Q: What about Ron Fischman?
A: I haven't talked to him in probably a couple of years, a year-and-a-half or whatever.
Q: What would Ron Fischman have to say had he come forward?
MR. LEONARD: Objection. Lack of foundation, speculation.
BY MR. PETROCELLI:
Q: To your knowledge.
A: His understanding of O.J. and Nicole's relationship.
Q: What did he understand to your knowledge?
MR. LEONARD: Objection. Same objection.
THE WITNESS: That they were having a really difficult time before the murders, that they were really working hard to try to figure things out but it didn't work.
BY MR. PETROCELLI:
Q: And do you have an understanding whether Ron Fischman believes that Mr. Simpson is innocent?
A: I don't know.
Q: Guilty?
A: I don't know.
Q: Who else did not come forward who knows about the facts of this case?
A: I don't know whether they know about the facts of the case, but, you know, I think some people have opted to not be vocal about it, about what their knowledge is.
Q: Who are they?
A: [Name Deleted], for example.
Q: What does [Name Deleted] know to your knowledge?
A: I am not sure what he knows, but I just know that there was an absence
Q: Do you know what his opinion is on Mr. Simpson's guilt?
MR. LEONARD: Objection.
THE WITNESS: I don't know.
BY MR. PETROCELLI:
Q: Anyone else besides [Name Deleted], Cora Fischman, and Ron Fischman?
A: No.
Q: You say in here, "One friend is dead, the other in jail, accused. I only have interest in finding out what really happened, the truth will set one self free." But, in fact, you have done nothing to find out what really happened; true?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: That's right.
BY MR. PETROCELLI:
Q: True?
A: Yes.
Q: You don't really have a genuine interest in finding out what really happened; right?
A: Wrong.
Q: You have had plenty of opportunity, perhaps more than anyone, to ask O.J. Simpson what really happened and you never did; right?
MR.LEONARD: Objection. Argumentative.
THE WITNESS: But it is not my job see. It is not my job in my life to find out what happened on that particular end of the case, although I have a tremendous interest in finding out, but I am not going to
BY MR. PETROCELLI:
Q: I didn't say it was your job. No one is suggesting that it is your job. But even though you have a tremendous interest in finding out what really happened and even though you have had a tremendous opportunity to find out by asking Mr. Simpson, you have not done so; is that right?
A: That's right.
MR. LEONARD: Objection. Argumentative.
BY MR. PETROCELLI:
A: If Mr. Simpson told you that he killed Ron and Nicole, would you still be his friend?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: I can't answer that question with a yes or no.
BY MR. PETROCELLI:
Q: Why not? Suppose he said, "I did it. You really want to know what happened, I did it." Would you still be his friend?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: Give me a few days' time to think about the answer.
BY MR. PETROCELLI:
Q: You would have to think about it for a few days?
A: I think
MR. LEONARD: Objection. Argumentative.
BY MR. PETROCELLI:
Q: Excuse me?
A: I think it is an extremely difficult question to answer.
Q: And you would have to think about it for a few days before you could decide whether to be his friend or not; true?
MR. LEONARD: Objection.
THE WITNESS: I guess if you give me five days' time, I will give you an answer.
BY MR. PETROCELLI:
Q: Two days and now five days. How many days would you need?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: Let's not get into the argument about time. It's ridiculous.
BY MR. PETROCELLI:
Q: I just want an answer to my question.
A: I cannot give you an answer.
Q: You need a couple of days to find out whether you would still be his friend or not?
MR. LEONARD: Objection.
THE WITNESS: I couldn't give you an answer other than I would need time to find it out, yes.
BY MR. PETROCELLI:
Q: Now, the third page from the end appears, Mr. Reichardt, to be a chronology. Why don't you read this to me so that I do not miss anything on this starting with June 8. You have your handwritten m account of events from June 8, it looks like, to June 12; right?
A: No. Actually fall of '90 through 11-29.
Q: Is that part of the same chronology?
A: That's right.
Q: Okay. I see. The last page this is obviously out of order starts the chronology; right?
A: It starts with Fall '90 at the top of the page.
Q: Why don't you read that starting with that page.
A: "Fall '90 met Faye.
"December '91 Faye moved in.
"March '92 Betty Ford.
"October '92 moved out.
"December '92 Faye and Nicole go on vacation.
"June '93 Faye moved back in
"October- December of '93 got much closer. Discussed Juice Plus. Jet lag video travel exercises.
"1-9 '94 O.J. outline done.
"1-l9 Acapulco Restaurant O.J. came with Nicole. Pursued Playboy video thing.
"3-18 Faye surgery. Start with pills.
"3-21 O.J. Playboy meeting.
"4-41 - 4-4 Easter trip Cabo.
"4-15 - 4-17 Laughlin.
"4-30 my birthday party postponed two days for O.J. to be there. He asked.
"5-6 went to concert in Pepperdine. Saw some music alone because mentally separated.
"5-27 - 5-30 Cabo again with Faye. Memorial Day did not get along well."
With an arrow pointed between 5-6 and 5-27, "Faye started staying at Nicole's often."
"6-4 San Diego.
"6-8 ready to go on vacation. Get call from Paul Resnick to meet at Petit Four Restaurant 8:00. Nicole showed up late. Told me about freebase since just before Cabo trip Easter. I decided to not go and do intervention. Called friends to meet at 11:00 home. Called cousins house. She said Faye went home with Francesca. Met her at home. Argument. 11:00 intervention."
Q: Let me stop you right there. Who was the cousin?
A: My cousin. [Name Deleted]
Q: And do you have her phone number?
A: [Deleted phone number]
Q: You, Paul Resnick, and Nicole met at a restaurant?
A: Right.
Q: And that was on what date? June 8?
A: June 8.
Q: 8 o'clock?
A: Right.
Q: Was there any conversation there at all about O.J. Simpson and her relationship with 1 Mr. Simpson?
A: No.
Q: The sole subject matter was Faye Resnick?
A: Correct.
Q: Continue. June 9.
A: "9 Exodus Marina del Rey.
"Nicole called how I was. Discussed Francesca. Nic didn't want to talk about it.
"6-11 visited Faye family session.
"6-12 visited Faye p.m. arrow home. Nic called to see how I was about 5:30. O.J. called about 9:00. Talked about Paula. Life easier. Happy. Laughing. Someone there asked about game. Said will come back Wednesday and make plans for dinner. Happy, jovial.
"6-13 Office see patients. Busy day. 10:00 Paul Resnick called about Nic killed.
Q: And there is another page to this?
A: Yes.
Q: Keep going.
A: "We talked if Faye was safe. If it was a drug thing. Both felt it was possible. Discussed if we should have her go to his ranch in Idaho. But only people knew where she was, so she was safe. Called Albert at Exodus. Asked him how to handle it. They were going to talk to her and to stay available. Went to see her that night. Slept with gun by my side. She stayed two weeks inpatient then came out. Coexisted only she had no place to go.
"8-4 Sturgis trip. Faye gone when I came back.
"10-17-18-19 Spent time with her and Francesca for Francesca's sake.
"11-29 deposition with Mr. Darden."
At the bottom it says, "Threatening phone calls in December. Wrote my attorney and asked her to never call again."
Q: Asked who?
A: Faye.
Q: Now, you wrote all of these notes long after the events in question; right?
A: Right
Q: Looking back?
A: (Witness nods head.)
Q: And what materials, if any, did you use to reconstruct these events, the dates, the times?
A: The Day-Timers.
Q: And if the information does not appear in the Day-Timer, it was from your memory?
A: Right.
Q: For example, what O.J. Simpson said to you on the evening of June 12 and your description of his demeanor and so forth, that is not in your Day-Timer; right?
A: That's correct.
Q: In fact, nothing is in your Day-Timer of any substance concerning these comments in your notes; right?
A: From that particular day?
Q: From any of these events.
A: Just times of travel arrangements.
Q: Not what was said, who said what, who was there?
A: No.
Q: None of that. That was all from your memory; right?
A: That's correct.
Q: And when did you prepare this chronology?
A: Probably in the earlier part of last year.
Q: Did you do it at one sitting?
A: Yes.
Q: How long did it take?
A: A couple of hours.
Q: Why did you do it?
A: To keep in my To get clarity in my mind as to what the sequence of events were and how things progressed.
Q: Was this in anticipation of testifying at the criminal trial?
A: No.
Q: Was it after you testified?
A: I think it was done before, but it was not in anticipation for that.
Q: But before you testified?
A: Right.
Q: And did you discuss Did you do this alone?
A: Yes.
Q: And did you discuss it with anyone?
A: No. Actually, I think I mentioned it to you that I was doing it at some time.
MR. RUBALCAVA: You may have.
BY MR. PETROCELLI:
Q: Could you go to the one page that has at the top I can't read the heading. What is that (indicating)?
A: "Accusations."
Q: "Accusations" to what?
A: "CHR," me.
Q: Excuse me?
A: "CHR."
Q: That's you. Accusations to you?
A: To Chris, yes.
Q: Now, on the second side of that page, on the back side of it, could you read starting in the middle of the page.
A: Yes. "Some people new cars, houses, it's their new job pays well. They want to continue it. For example, Faye, Denise. Faye on Geraldo talking about O.J.'s next moves. Kim Goldman into deposition. She is not a plaintiff no reason to be there."
Q: Let me stop you right there. What is this reference concerning Kim Goldman?
A: Just one day I was sitting at the television and I saw Kim Goldman on the television
Q: Yes.
A: being very vocal.
Q: About what?
A: About why she was not in the deposition.
Q: And that troubled you?
A: Well, no, it didn't trouble me, but it makes me wonder why people do the things they do.
Q: Why she would want to attend the deposition
A: Right.
Q: of the man she believes murdered her brother?
A: Right.
Q: You think that is something that you cannot understand?
A: I don't know whether she is a plaintiff in the case or not.
Q: Does that make a difference to you?
A: Yes. If somebody is not a plaintiff in the case, they should not be at a deposition.
Q: What is this thing about Faye's talking about O.J. Simpson's next moves? What is that in reference to?
A: That is just one thing that I switched channels and it was Faye on, that she knows what O.J.'s next moves were.
Q: What were they?
A: How did she know? I didn't know.
Q: But you wrote that down. What was your purpose in writing this down, this business about Kim Goldman and Faye's talking on the Geraldo show?
A: It is my observation of what people do and why people do it.
Q: What is your point for writing it on paper, is this for use in your book
A: No.
Q: -on this ethics issue?
A: No. This is my thought processing and remembering trying to remember, giving me impetus as to why people do things.
Q: Why do you care about that to the point where you would write that down. What is your fascination with all of this?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: No fascination.
BY MR. PETROCELLI:
Q: Why would you sit there with a piece of paper and write down that Kim Goldman wants to attend the deposition of O.J. Simpson?
A: No fascination. Just thoughts.
Q: This has nothing to do with possible use later on down the road with your book?
A: No. This one didn't.
Q: Do you take notes and then share them with Mr. Simpson?
A: No.
Q: Strategize
A: No
Q: as team members?
A: No.
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: What is the last paragraph?
A: "Media screw ups change of info continues post verdict. Three jurors upset. How one shows that they now would give different verdict. On Larry King they complained it's a lie."
Q: "They complained it's a lie"?
A: Yes.
Q: When did you make these notes on this page?
A: I guess this was The front part of this was I think Faye doing one television show, I don't know which one it was, but those were the things that she was talking about, so I guess this must have been at the same time, whichever one it was. Recently when she was doing a slew of different shows.
Q: Is this a running commentary that you are keeping on these pages?
A: No. I haven't done anything with it anymore since then.
Q: Now, at the top of that page could you read that.
A: "Good about case. It brought some issues forward. Physical abuse, some race problems, some rogue cops, DA can be challenged, truth persists."
Q: Could you go to the prior page and could you read the last section there.
A: The front of that?
Q: Yes.
A: "Questions, 1, about abuse. I condone not abnormal violence, mental, emotional, or physical. O.J. and Nicole not only people getting physical especially" I can't read my own handwriting there, the last word. "Faye described abuse situation's not true. I have total different view."
Q: Stop right there. How did O.J. Simpson and Nicole get physical?
MR.LEONARD: Objection. Lack of foundation.
BY MR. PETROCELLI:
Q: To your knowledge.
MR. LEONARD: Objection.
THE WITNESS: To my knowledge that one incident, that I have seen pictures of but that's it.
BY MR. PETROCELLI:
Q: And did you talk to O.J. Simpson about that at all?
A: No.
Q: You never once asked him if he struck Nicole or hit Nicole or what happened?
A: No.
Q: And he has never volunteered that to you?
A: No.
Q: So you have had no conversations whatsoever about his history of abuse or his abuse of Nicole?
A: No.
Q: So you don't know what happened; right?
A: Right.
Q: So what is your totally different view on this?
A: No. Faye described abuse situation's not true. I have totally different view on what Faye describes.
Q: You are not talking about situations where O.J. Simpson struck Nicole; right?
A: No. I am talking about the situations that Faye describes in her book.
Q: You mean the restaurant
A: The restaurant.
Q: incidents that you were present at?
A: Right.
Q: Can you read on.
A: "2, O.J. making money. You don't want him to make money, only if you think he is guilty," which is ignorant, I think. The people that screamed loudest are the ones that made the most money on it."
Q: Okay.
A: "3, children." I think we did that earlier. "They love him. Jump on Dad. Hug him."
Q: Okay. Now, could you go up to the top where it says "Accusations to Christian Reichardt, drugs, stopped 1981." What is the next line?
A: Chris and Faye write book together bullshit. Darden in court said himself I asked Faye and me not to speak. Obviously I'm not in the media at this time."
Q: And who made an accusation that you were going to write a book with Faye Resnick?
A: Faye.
Q: And that was not true from your perspective; right?
A: Not only from my perspective.
Q: But from hers too?
A: She knows that that's a lie.
Q: Did she tell you?
A: No. She knows.
Q: Have you spoken to Faye Resnick recently?
A: No.
Q: When was the last time?
A: That I spoke to her it was probably in December of '94 when I asked her to not ever contact me again.
Q: Have you read her deposition?
A: No.
MR. PETROCELLI: What I am going to do at this time is defer to one of the other lawyers because I want to read some notes that I have, but otherwise I am through.
EXAMINATION BY MR. BREWER:
Q: Mr. Reichardt, I just have a few questions over the next few minutes. I want to focus your attention for a moment on the June 12th phone call.
Was it your understanding in talking with Mr. Simpson that he was packing at the time that you were having this phone call?
A: That's right.
Q: And when you say that he was packing, that he was physically packing as he was speaking to you on the phone?
A: I don't know that. It might have been in the sense of I am getting my things together. Whether he is actually packing or moving around the house to get the things together, I don't know.
Q: Well, could you hear him doing things as you were on the telephone with him that led you believe that he was putting things in suitcases or moving things around in an effort to pack at the time?
A: No.
Q: You indicated when you had this telephone conversation with Mr. Simpson the television was on; isn't that correct?
A: Yes.
Q: Based upon your ability to heard the television over the telephone could you tell what volume it was at?
A: It was in the background.
Q: Could you tell what room Mr. Simpson was in at the time that he was talking with you?
A: No.
Q: Did he tell you what room he was in?
A: No.
Q: Was there anything about what you heard that enabled you to discern what room he was in at the time that you had the telephone conversation with him.
A: No.
Q: And at some point, as you testified to, he asked somebody the score of the game; is that correct?
MR.LEONARD: Objection.
THE WITNESS: Right.
BY MR. BREWER:
Q: And I think the way you described it was as though he said over his shoulder, "What's the score," something of that nature?
A: Right.
Q: He did not yell it out, did he?
A: No
Q: So as you described it, it was a normal the pitch of his voice and the volume of his voice was normal conversation as though
A: Well, I think it was more like he did not yell it out to somebody, but as he was speaking on the phone and you talk to somebody, and somebody catches you and you are speaking a little louder to somebody, and then he came back.
Q: It did not appear to you as though he was yelling out the front door
A: No.
Q: or out the window asking somebody the score; is that correct?
A: No.
MR. LEONARD: Objection.
BY MR. BREWER:
Q: Based upon the manner in which he asked that question, it was clear to you that that person was in the same room with Mr. Simpson
MR. LEONARD: Objection. Lack of foundation.
MR.BREWER: Wait a second. You can make your objection but let me finish my question.
Do we have the question completed on the record?
(The record was read as follows:
Q: Based upon the manner in which he asked that question, it was clear to you that that person was in the same room with Mr. Simpson ")
BY MR. BREWER:
Q: Is that true?
A: Yes.
MR. LEONARD: Objection.
THE WITNESS: It appeared to me like that.
BY MR. BREWER:
Q: And your answer is yes?
A: Yes.
Q: And did you not hear anyone say anything in response to that question that was asked by Mr. Simpson; is that true?
A: That's true.
Q: Was there a period of time after he asked the question where there was some silence where you could hear them had they said something?
MR. LEONARD: Objection.
BY MR. BREWER:
Q: In other words Strike the question. He asked the question of somebody about the score; right?
A: Right.
MR.LEONARD: Objection. Lack of foundation.
BY MR. BREWER:
Q: Was there a pause in his voice in order to allow
A: Yes.
Q: whoever he asked the question to to respond?
A: Right. Yes.
Q: Did you hear anyone say anything?
A: No.
Q: Were you able to still hear the television at the time?
A: Yes. But it was making, like, background noise.
Q: Were you able to discern that there was a game on?
A: No.
Q: When you say "background noise," what do you mean?
A: You hear that there is something going on in the background televisionwise, but you cannot differentiate what it is.
Q: Were you able to hear a voice announcing something or describing something?
A: I didn't pay attention to that.
Q: When you say "background noise," did you hear voices talking, gun shooting, cars crashing? What exactly .
A: It was voices talking.
Q: Could you tell whether it was a male voice or a female voice that you heard?
A: I don't recall.
Q: And was the television on, as far as you knew, the whole time that you were talking with Mr. Simpson?
A: Yes.
Q: And was it relatively close in the beginning of the conversation that he asked this person the score?
A: No. It was later on.
Q: This was about an eight-minute conversation?
A: Yes, eight.
Q: Was it about halfway through the conversation?
A: Well, halfway or later. Because at first we talked about, you know, Paula and going on this trip later, towards the end of the conversation.
Q: So there was a conversation about Paula first?
A: Yes.
Q: And then what was the next subject matter?
A: That he is packing his bag.
Q: He told you he was packing his bag?
A: Right. But not word for word, "I am packing my bag." It was like "I'm getting my things together. I'm going to Chicago."
Q: Did he tell you whether he had been packing earlier?
A: No. I don't recall.
Q: Did he say anything about that he was finishing packing?
A: I don't recall.
Q: He just said to you that he was packing?
A: Yes.
Q: And did he tell you that he was going to be back in town on Wednesday?
A: Right.
Q: So it was your understanding based upon what Mr. Simpson told you at that time that he was not scheduled to return from Chicago until Wednesday?
A: That's correct.
Q: Are you certain of that?
A: Yes.
Q: And did you ask him what he was going to do in Chicago for three days?
A: No.
Q: Did he volunteer that information?
A: No.
Q: Did he indicate he was going to play golf?
A: No.
Q: Did he indicate where he was staying?
A: No.
Q: So you had no idea other than the fact that he was leaving for Chicago why he was going there?
A: Right.
Q: Did you know whether it was a business trip or leisure trip?
A: I assumed it was a business trip, but he didn't say anything.
Q: Why did you assume that it was a business trip?
A: Because he goes out of town a lot on business.
Q: Have you ever been with Mr. Simpson when he has left on business from his house?
A: No.
Q: Have you ever traveled with him on vacations or otherwise leaving from his house?
A: No.
Q: Do you have any familiarity with his habits in terms of ordering limousine services or utilizing limousine services when he travels?
A: No.
Q: Was it your impression, based upon what Mr. Simpson told you, that he was leisurely packing?
A: Yes. You know, getting this together.
Q: But was it your sense that he was doing this in a leisurely way?
A: Yes.
MR.LEONARD: Objection. Asking for speculation.
BY MR. BREWER:
Q: And did he say something to you that led you to that conclusion?
A: No.
Q: That was just an inference that you drew as a result of your conversation?
A: Yes.
Q: Did he tell you that he had to do anything else that evening to get ready to go to Chicago?
A: No.
Q: Did he tell you whether he was going to go have something to eat?
A: No.
Q: Did he tell you whether he had already eaten?
A: No.
Q: Did Mr. Simpson mention to you that Mr. Kaelin was at home?
A: No.
Q: Have you met Mr. Kaelin on previous occasions?
A: Yes.
Q: Have you spoken with him?
A: Briefly.
Q: You were familiar with his voice?
A: That's a tough question.
Q: As of June 12, 1994, if Kato Kaelin picked up the telephone and you had a conversation with him, would you be able to recognize that it is Kato Kaelin's voice?
A: Yes.
Q: If you had overheard Kato Kaelin say something to Mr. Simpson on the telephone, you would have been able to recognize that person as Kato Kaelin; is that correct?
A: Yes.
Q: Did Mr. Simpson say that anyone else was at home that evening?
A: No.
Q: Would you say that in the weeks and months before Nicole's death O.J. Simpson was depressed?
A: No.
Q: Not at all?
A: No.
Q: You never described Mr. Simpson to anyone as being depressed?
A: I think everybody was going through so many different moods, you know, there might have been a day of being depressed, there might have been days of not being depressed, not happy, upset.
Q: Just so that you are clear, I really don't care about anyone else other than O.J. Simpson for the purpose of my question.
My question is: Is it fair to say that you have described on previous occasions O.J. Simpson being depressed in the weeks and months before Nicole Brown Simpson's death?
A: I don't recall. It is possible, yes.
Q: You are saying that it is possible that you described
A: Yes.
Q: And that is because he was depressed; isn't that true?
A: At times, yes.
Q: And at times he was upset; isn't that true?
A: Yes.
Q: And when you say he was upset, he was agitated in the weeks and months before her death; isn't that true?
A: At times, yes.
Q: Did you ever talk to O.J. Simpson about his seeking some kind of counseling or assistance in order to help deal with his agitation and depression?
A: No.
Q: Did he ever suggest that he was thinking about that with you?
A: I think we talked about it at some point, that he had thought about that that might be a good idea.
Q: To go talk to someone?
A: Right.
Q: And did you tell him that you thought that that might be a good idea?
A: I think it is a good idea for anybody.
Q: Sure. If somebody is depressed and upset over a relationship to go talk to a professional, that would be a good idea; right?
A: Yes. Somebody who is happy who is not depressed, it is a good idea.
Q: But you were not talking with Mr. Simpson in the context of his telling you that he was happy and thinking about seeing a counselor; right?
A: Right.
Q: You were talking with Mr. Simpson wherein he was describing to you being depressed and upset in the weeks and months before Nicole's death; true?
MR. LEONARD: Objection. Misstates testimony.
THE WITNESS: Can you rephrase it or can you repeat it?
MR. BREWER: Sure.
Q: In the context of this discussion that you had with Mr. Simpson wherein he indicated to you that he was thinking about seeking some professional assistance, that discussion occurred while Mr. Simpson was telling you about depression and being upset with Nicole; right?
A: But I also mentioned that it would be a good idea for me as well or anybody who is going through a difficult time. It wasn't a discussion. It was more like a comment.
Q: A comment that you made?
A: Yes.
Q: You were telling Mr.Simpson that it is a good idea to get professional help for anyone?
A: Yes.
Q: Point being, though, when Mr. Simpson and you were talking about this, he was telling you that he was upset and depressed; right?
A: No. It was more about it was a difficult time, so I think it would be a good idea to go see somebody, and I said yes.
Q: Did he tell you who he was going to go see?
A: No.
Q: Did he tell you whether he ever followed through and actually saw someone?
A: No.
Q: When was this discussion that you had with Mr. Simpson about his seeking some professional assistance?
A: It was probably even before the Cabo trip.
Q: Before the Cabo trip
A: Right around that time.
Q: Which Cabo trip, the May or
A: The April one.
Q: Was it a telephone conversation?
A: I think we were sitting at dinner. Faye and Nicole had gone to the rest room, and that is when we briefly talked, had a couple minutes' time.
Q: So while they were gone, you and Mr. Simpson had a discussion where the idea of some professional counseling came up; is that true?
A: Right.
Q: Did he bring it up to you?
A: I don't recall who started it.
Q: At the time of dinner, did he tell you or in this discussion did he tell you whether he had done any investigation into the names of any individuals that he was thinking about seeing?
A: No.
Q: Have you talked to Mr. Simpson about any of his analysis with respect to witnesses that have testified in the civil case?
A: No.
Q: You haven't talked to him about his analysis of Mr. Kaelin's deposition?
A: No.
Q: You have not talked to him about his analysis with respect to Paula Barbieri's deposition?
A: No.
Q: You have not talked to him about Cora Fischman's deposition?
A: No.
Q: Has he ever taken you around the property in an effort to go through some analysis with respect to some of the physical evidence?
A: No.
Q: Pointing out where things were found?
A: No.
Q: Do you know, for example, as you sit here today why blood drops were found on his property?
A: I have from pictures and photographs that I have seen, but no.
Q: You have seen photographs?
A: Yes. Whatever pops up on television sometimes.
Q: Has Mr. Simpson ever said anything about the location of those blood drops found on his property?
A: No.
Q: No discussion at all?
A: No.
Q: No discussions at all relative to the glove, where it was found?
A: No. I don't think so.
Q: Or the fact that there was no blood around the glove where, according to you, one would have suspected that there would have been blood?
A: I don't believe so.
Q: Was there any discussion with respect to the production of the 1-800 videotape?
A: No.
Q: And you only looked at part of it?
A: Yes.
Q: Do you have your own copy?
A: I have my own copy. It is still unopened.
Q: And it was given to you by Mr. Simpson?
A: Yes.
Q: Did he suggest that you take a look at it?
A: No.
Q: Did you ask for a copy?
A: No.
Q: Did he volunteer it?
A: Yes.
Q: For free; right?
A: (No audible response.)
Q: Did he give you more than one copy?
A: No.
Q: Do you care who wins this lawsuit?
MR. LEONARD: Objection.
THE WITNESS: No.
BY MR. BREWER:
Q: Do you want Mr. Simpson to prevail in this case?
A: It is not up to me to decide on who should or who will.
Q: Well, the jury will ultimately decide but I am asking for your own personal belief.
A: It is not my decision.
Q: So you have no personal view whatsoever with respect to the outcome of this case?
A: Right.
Q: Do you think it is unfair that Mr. Simpson is undergoing a second process where he is being tried?
A: No.
MR. LEONARD: Objection.
BY MR. BREWER:
Q: No thoughts whatsoever on that?
A: No.
Q: Have you ever talked to Mr. Simpson about whether he thinks it is unfair?
A: No.
Q: Whether he thinks it is unconstitutional in some way?
A: No.
Q: Could you tell whether Mr. Simpson, going back to the June 12th conversation, was on a hand-held telephone versus a regular phone?
MR. LEONARD: Objection. Calls for speculation.
THE WITNESS: No.
BY MR. BREWER:
Q: You did not hear any static?
A: No. It sounded like a really clear connection.
Q: Does he have a television in his bedroom?
A: Yes.
Q: And he has one in the den right? the TV room downstairs?
A: Downstairs in the living room, yes.
Q: And you have heard both televisions?
A: Yes.
Q: You have watched TV in both rooms?
A: That's right.
Q: Were you able to discern based upon the television that you heard in the background which television was on as you were having this telephone conversation with Mr. Simpson?
A: No.
MR. BREWER: I don't have anything further.
MS. ROIT: I just have a couple of questions.
EXAMINATION BY MS. ROIT:
Q: I want to go back to Wednesday night when you went over to Mr. Simpson's house and you spoke with Mr. Leonard. Do you recall that testimony?
A: Yes.
MR. LEONARD: No. I don't think I think that misstates testimony.
THE WITNESS: Right. t was a phone call.
MS. ROIT: I understand.
Q: You were going over to Mr. Simpson's house but you spoke to Mr. Leonard. That is what I meant.
A: Right.
Q: Did Mr. Simpson know you were coming that night?
A: No.
Q: He did not know you were coming?
A: No.
Q: You just dropped by?
A: Right.
Q: You had no conversations with Mr. Simpson prior to going over that night that you were coming over?
A: Right.
Q: Is that a frequent occurrence, that you would drop by his house without telling him that you were coming over?
A: Right.
Q: How long was your telephone conversation with Mr. Leonard?
A: A few minutes.
Q: And after you were done with whatever conversation you had with Mr. Leonard, did you hand the phone back over to Mr. Simpson?
A: Right.
Q: Did you overhear anything else Mr. Simpson said to Mr. Leonard subsequent to that?
A: No.
Q: Did they continue speaking on the phone?
A: I believe so. I walked out of the room.
Q: When was the last time prior to that night that you went over to Mr. Simpson's house?
A: Probably two weeks ago, three weeks earlier.
Q: And your deposition was scheduled for Friday morning following that Wednesday night; correct?
A: That's correct.
Q: Is it your testimony here that going over to Mr. Simpson's on Wednesday night with your deposition scheduled for Friday morning was a complete coincidence?
A: Yes.
Q: Just a couple of questions about the June 12th phone call. You indicated that you were watching a movie on cable; correct?
A: Right.
Q: What cable company are you with?
A: Century Cable.
Q: And you do not recall which cable channel it was?
A: No.
Q: Do you recall whether it was one it was one of the movie channels like HBO or Cinemax, the ones you have to pay a little extra for?
A: I believe so.
Q: Do you remember anything about the movie you were watching?
A: It was some I believe it was a war movie.
Q: I recall your mentioning it was a war movie. Was it a black and white? Was it a color movie?
A: I don't recall.
Q: You do not recall that?
A: I don't recall.
Q: Do you recall what war?
A: No. I just remember looking back it was some type of shooting up type of movie.
Q: Was it one of the World Wars?
A: I don't know.
Q: Do you recall which scene you were watching before Mr. Simpson phoned you?
A: No
Q: Do you remember if the movie was at the beginning or middle or at the end?
A: I think it was in the middle.
Q: Do you remember which scene you were watching when you went back to seeing it?
A: No.
Q: So would it be correct to say that you recall nothing about that movie other than that it was some war movie that you were watching?
A: Right.
Q: And when you learned of the murders and you went back in your head, I assume, to reconstruct the events of June 12th, you recalled clearly the time of the phone call and the phone call; right?
A: Right.
Q: Did you try to reconstruct what you were watching at the time?
A: You know, I thought about it.
Q: You did?
A: Yeah. I thought about it, and I couldn't figure out what I was watching. I just remember that it was some relatively violent kind of thing.
Q: Did you jot any notes down other than what you have produced at any time about the content of your conversation with Mr. Simpson on June 12th?
A: No.
Q: You have indicated that you treated Mr. Simpson for free; right?
A: Yes.
Q: Was Mr. Simpson a source of client referrals for your business?
A: No.
Q: Did he ever refer any clients to you?
A: No.
MS. ROIT: I don't have any other questions.
MR. PETROCELLI: I have some more questions.
EXAMINATION BY MR. PETROCELLI:
Q: You were born where, Mr. Reichardt?
A: In Germany.
Q: In what year?
A: '59.
Q: When did you come to the United States?
A: In '78.
Q: So from 1959 to 1978 you lived in Germany?
A: That's correct.
Q: Did you ever spend anytime with Paula Barbieri, let's say, after your birthday party on April 30, 1994 until Nicole's death?
A: No.
Q: You never saw her?
A: No.
Q You never spoke to her?
A: No.
Q: It is a fair statement, is it not, that you had asked O.J. Simpson to make referrals to you of celebrities and athletes?
A: No.
Q: This is before Nicole's death.
A: No.
Q: That is not a fair statement?
A: That is not a fair statement.
Q: That is not true?
A: That's not true.
Q: Did O.J. Simpson tell you that he had once used cocaine?
A: Years ago.
Q: What did he say to you?
A: That years, in years past, the days when he was playing ball that he had used it sometimes.
Q: And you seem to really emphasize how long ago that was. Why is that?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: Because I remember
BY MR. PETROCELLI:
Q: You don't have any interest, it could be yesterday for all you care?
A: No. Because we
Q: You are not trying to protect him, are you?
A: No.
MR. LEONARD: Objection. Argumentative.
THE WITNESS: I remember we talked about how athletes get injured.
BY MR. PETROCELLI:
Q: And he told you that he had used cocaine; true?
A: Yes.
Q: And he told you that he had used pills also; correct?
A: Yes.
Q: And he told you that he had been addicted to drugs at one point in his life; right?
A: No.
Q: He never told you that?
A: No.
Q: When was the last time, to your knowledge, that he used cocaine?
MR. LEONARD: Objection. Lack of foundation.
THE WITNESS: As far as I knew it from that conversation, it was in the days when he was playing ball.
BY MR. PETROCELLI:
Q: And who else was present during that conversation?
A: I think it was him and I in a treatment room. Nobody else.
Q: When did he tell you that?
A: One of the visits that he came to my office.
Q: In 1994?
A: Or '93. '94. One of the visits that he came.
Q: You said they started in late 1993 so
A: Right.
Q: this conversation occurred in late 1993 or into '94; right?
A: Correct.
Q: You saw a draft of Faye Resnick's book before it was published? I am talking about Private Diary. Right?
A: No.
Q: You never saw it before
A: No.
Q: Did she discuss it with you?
A: She discussed it In the days before the release of the book, she gave me a copy of the book.
Q: That's what I mean, before the release of the book.
A: But it wasn't a draft.
Q: Okay. It wasn't a draft.
A: It was a finished print
Q: But you read it before it was released; right?
A: Yes.
Q: And you told her not to release it; right?
A: No.
Q: You told her that you had objections to it; right?
A: I told her that there are a number of things in there that I know not to be the truth.
Q: And you told her to take them out; right?
A: No.
Q: Isn't it true that you told her that there were things that she was saying about O.J. Simpson that were untrue?
A: I told her that there were things in the whole book that are not true.
Q: Specifically about O.J. Simpson that portrayed him in a bad light; right?
A: No. No.
Q: What were the things that you told her were untrue?
A: The way she was portraying the particularly the two incidents at the sushi bar and
Q: And Toscana?
A: And Toscana.
Q: And in both of those portrayals you thought her portrayal of O.J. Simpson was false; right?
A: Right. Not just of O.J. Simpson but the whole group. She described the whole group acting in a certain way that was not correct.
Q: But the gist of her portrayals of O.J. Simpson was that he went into a rage; right?
A: Right.
Q: And you thought that was false; right?
A: Right.
Q: And you thought that O.J. Simpson did not go into a rage; right?
A: Correct.
Q: What else was untrue?
A: I don't know any specifics right now. I do not remember any specifics right now, but the whole gist of the book was very strange. There were incidents, for example, where she describes the second Cabo trip and forgets that I was in there, that I was at the trip, things like that.
Q: You cannot recall any other specifics?
A: No.
Q: Didn't you tell Ms. Resnick that you also have a story to tell about abused men?
A: No.
Q: And about how you were abused by her and Nicole was abused by O.J. Simpson?
A: No.
Q: You never said that?
A: No.
A: Didn't O.J. Simpson call you from jail several times and leave you messages?
A: Yes, probably.
Q: And wasn't he asking you in those messages to help clear his name and find out information for him.'
A: No.
Q: Wasn't he asking you to set the record straight as far as Faye Resnick was concerned?
A: No.
Q: And to go public and refute Faye's story?
A: He had asked me on one occasion that if I found something wrong in Faye's first book, whether I would comment.
Q: You mean to say that if you find something wrong rather than you know something's wrong?
A: Right.
Q: Why would he say "if" if you and he knew for a fact that Faye's statements were untrue?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: I think that it is not a matter of him convincing me what I have to do, it is just...
BY MR. PETROCELLI:
Q: Didn't he say to you to go convince people that her book is a pack of lies?
A: No.
Q: Do you know who Arthur Barrons is?
A: I sure do.
Q: Who is he?
A: He is Faye's attorney.
Q: Did you ever have any conversations with him about a book deal?
A: No.
Q: Did you ever have any conversations at all with him?
A: Yes.
Q: About what?
A: About a personal injury case that I treated Faye for.
Q: When was that?
A: I think it was in '93, '92.
Q: But you never spoke to him about a suggestion concerning you and Faye Resnick co-authoring the book?
A: Absolutely not.
Q: Did you ever hear that Faye Resnick had met with the stars Tony Frost?
A: I found that out later, yes.
Q: And when you found out, did you get upset?
A: Right.
Q: Was Ms. Resnick present when you were upset?
A: I believe so, yes.
Q: And did you pound holes in the wall and throw perfume bottles at her?
A: No.
Q: Did you do anything violent at all?
A: No.
Q: Why were you upset?
A: I was upset because in the days after when Faye was still at the rehab center we had agreed to stay out of the media because we both knew that this was going to be a media crazy thing, and the first opportunity she had, I believe, was a few days after she came out of the day care at Exodus, as I found out later. She told me that she had gone to have coffee with a friend at 10 o'clock at night, and, then Kris Jenner a couple of days later told me that she had actually met with someone from the Star instead of this friend.
Q: And that upset you?
A: Yes.
Q: You did not want her going to the media; right?
A: Right.
Q: You were concerned about her own protection and safety; right?
A: Also.
Q: In addition to what?
A: Not getting herself involved with something that is not her place to get involved with.
Q Didn't you also tell her not to go to the prosecution?
A: No.
Q: Didn't you tell her to stay away from the prosecutors?
A: No. The only discussion we had was about the media.
Q: And you didn't go to the prosecutors either, did you?
A: A week-and-a-half after the murders the prosecutors came to see me.
Q: But before they came to see you, you didn't go see them, right?
A: This was like two days after the murders the detectives called me up and we scheduled an appointment for a week-and-a-half after.
Q: Two days? On what day did they call you?
A: A few days. A couple of days after the murder. I remember between the two detectives and I we were trying to figure out a mutual convenient time.
Q: Did you ever discuss the account of the conversation with O.J. Simpson on June 12 that appears in your notes, that account with anyone else prior to today and prior to Friday, of course?
A: I think I mentioned it to Bill Pavelick. I believe I talked to Johnnie Cochran about it.
Q And before you wrote that account of the conversation down in your notes, or thereabouts during that period of time, did you call O.J. Simpson to go over it with him?
A: No.
Q: Did you ask him what his recollection was?
A: No.
Q: Have you ever asked him what his recollection of that conversation was?
A: No.
Q: His lawyer Johnnie Cochran told you what Mr. Simpson's recollection was; right?
MR. LEONARD: Objection.
THE WITNESS: Right.
BY MR. PETROCELLI:
Q: He discussed that with you, didn't he?
A: No.
Q: Mr. Pavelick did; right?
A: No.
Q: So you are saying that to this day you do not know what Mr. Simpson's recollection of that conversation was?
A: That's correct.
Q: You do not know what his account of it was?
A: No.
Q: Not even in general terms?
A: No.
Q: And you do not know if it is completely inconsistent with or totally consistent with yours?
A: I have no idea.
Q: Is it just a coincidence that both you and he give almost verbatim accounts word by word of that conversation?
A: I have no
MR. LEONARD: Objection. Argumentative.
THE WITNESS: I have no idea. I don't know whether it is a coincidence or not.
BY MR. PETROCELLI:
Q: Now, you said Mr. Simpson called the house after the Cabo trip in April of '94 numerous times to speak to Faye; correct?
A: (Witness nods head.)
Q: You have to answer audibly.
A: I'm sorry. My thought was wandering for a moment.
Q: After the Cabo trip Mr. Simpson called the house numerous times to speak to Faye about Nicole; correct?
A: Right.
Q: And he would call even in the wee hours of the morning from time to time; right?
A: I think I would if I talked to him, it was usually after the office at night.
Q: He sometimes called 1:00 or 2:00 in the morning and you would answer the phone and hand it to Faye; true?
A: Not that I recall.
Q: Not once?
A: I don't recall that at all.
Q: You recall that it did not occur or you just do not recall?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: I don't recall that it ever occurred. I don't answer the phone after 10:00. I go to sleep.
BY MR. PETROCELLI: Q: So if Faye got phone calls at 1:00 or 2:00 in the morning you would not know; right?
A: Right.
Q: You would have no way of refuting her testimony on that; right?
A: Right.
Q: Do you have a collection of ceramic frogs?
A: Right.
Q: Is it true that Nicole would not go near that?
A: I have no idea.
Q: Did she know about your ceramic frog collection?
A: I don't know. They are in my bathroom.
MR. RUBALCAVA: You have frogs?
THE WITNESS: Yes.
MR. RUBALCAVA: You never told me that.
THE WITNESS: They are in my bathroom, so I assume if she went to the bathroom downstairs she must have been near them.
BY MR. PETROCELLI:
Q: Do you recall an incident in Cabo San Lucas in April of 1994 when you were driving with Mr. Simpson in a van together with Bruce Jenner, Nicole, Christian, Faye, and the children, the van was cut off by another car and Mr. Simpson said, "Can you imagine if we had just been killed by that car, they would think we were in a van like a bunch of Mexicans crammed in here. And, Bruce, who do you think would get top billing, you or me?" Do you recall that?
A: No. Do they really say these things. Sorry.
Q: Did you almost get into a fight with Christopher Darden when you were interviewed by him?
A: I don't think a fight, but he was not very polite.
Q: Did you have an argument with him not on the record that was not being recorded by the stenographer?
A: Yes. Yes. I think I asked him to change his tone of voice, please.
Q: And what did he say to you that offended you?
A: It was not what he was saying, it was how he was saying it and how he was trying to just his voice inflections.
Q: What bothered you about his voice inflections?
A: He was very aggressive.
Q: And so you were offended by that?
A: Yes.
Q: Was there an implication in your mind that you were not telling him everything that you knew?
A: No.
MR. LEONARD: Objection.
BY MR. PETROCELLI:
Q: You were not being truthful to him.
A: No.
MR. LEONARD: Objection. Calls for speculation.
BY MR. PETROCELLI:
Q: And that you were trying to help your good buddy O.J. Simpson?
MR. LEONARD: Objection. Argumentative.
THE WITNESS: (Witness shakes head.)
(Discussion was held between the witness and his counsel out of the hearing of the reporter.)
BY MR. PETROCELLI:
Q: Are you aware of any argument between Nicole and Faye in the last month or so of Nicole's life?
A: No.
Q: Didn't you overhear an argument between Nicole and Faye when Nicole called Faye about the fact that she was planning to attend the Sports Spectacular event on July 4
A: I wasn't
Q: even though she had split up with O.J. Simpson?
A: I was not present at that conversation, but I know they they were talking about that. I don't know whether they had an argument, but I know that they didn't that Nicole didn't want us to go with O.J. to the Sports Spectacular.
Q: Did Faye tell you that she had had an argument with Nicole about this?
A: Faye told me that she talked to Nicole about it.
Q: And that Nicole was very unhappy; right?
A: Yes. But I don't know whether it was an argument. I wasn't present at the conversation.
A: Wasn't it reported to you that Nicole said that O.J. Simpson was trying to buy her friends?
MR. LEONARD: Objection.
THE WITNESS: Faye said that that had been an issue for Nicole, yes.
BY MR. PETROCELLI:
Q: Including your taking $5,000 from O.J. Simpson; right?
A: No. That was something that Faye started bringing up later after the murders.
Q: What was the reference to buying the friends that came up at the time?
MR. LEONARD: Objection.
THE WITNESS: Which time?
MR. PETROCELLI: Before the murders.
MR. LEONARD: Lack of foundation, calls for speculation.
THE WITNESS: That was when Nicole talked to Faye, as far as I understand it, where they were going Faye was talking to Nicole that we were going with O.J. to the Sports Spectacular and Nicole was unhappy that we did or that we wanted to.
BY MR. PETROCELLI:
Q: Isn't it true that after the conversation between Faye and O.J. Simpson about this event, this Sports Spectacular event, that Mr. Simpson called you and asked you what was going on, and you told him that Faye and Nicole had just had a heated conversation; is that true?
A: I don't recall that.
Q: And then Faye came on the phone and told Mr. Simpson that Nicole was upset because she thought that he was taking her friends away from her?
A: I know that O.J. and Faye had that one conversation about that, but I don't know whether Faye and Nicole I don't recall whether they had the conversation.
Q: And you do not remember having that conversation with O.J. Simpson?
A: No. No, I don't recall that. I have talked about so many things in that time.
Q: Did you ever attend a dinner with O.J. Simpson, Nicole, and Faye Resnick where pills were taken away from Faye?
A: Yes.
Q: When was that?
A: That was, I think probably 10 days or so before the Cabo trip.
Q: And describe the pills that were taken.
MR. LEONARD: Can we just know which Cabo trip.
MR. PETROCELLI: The first Cabo trip.
THE WITNESS: The first Cabo trip.
BY MR. PETROCELLI:
Q: And what pills were taken away?
A: I believe they were pain medications for that Faye was taking for her surgery.
Q: Just days before; right?
A: Right. Or
Q: You took those pills away from her?
A: Right.
Q: Now, you previously have testified from time to time that Faye Resnick was high at certain points in time. Describe to us how you could tell.
A: I would come home and there are 15 or 20 cigarettes burning in different ashtrays all over the house, drawers are emptied out on the floor. I would find her half unconscious in the bathtub almost drowning with her mouth hanging in the water. I would find her unconscious in front of the bed. Other times I would find her just running around very upset, frantic in the house.
Q: It was very obvious?
A: It was very obvious. Not pretty.
Q: Not able to conduct herself normally; right?
A: Right. Yes.
Q: Not able to carry on normal conversations; right?
A: Not normal conversations. Conversations rather frantic . She carried on those at times. You know, it varied. It depends, I guess, on what types of things she was doing or taking at the time.
Q: Was she able to conduct herself nonetheless even though she was high?
A: At times, yes; at times, no. Like I said, depending on, I assume, what she was taking. There were times when she was
Q: You had never seen her take these things, so you are just going on what she looked like; right?
A: What she was conducting herself like. Sometimes she would be just sluggish and other days she was frantic and other days she was unconscious so...
Q: When she was high this way, did she make things up that didn't happen?
A: Oh, absolutely.
Q: And tell me everything you can remember that she fabricated when she was high?
A: Supposedly I was having different affairs, constantly. I was taking money away from her. I was not giving her her freedom. I was not buying her a car. I was not getting married to her. I was not liking her friends. I was not like you name it, every day it was something different.
Q: Can you remember anything else that she fabricated which she was high?
A: No. I think that pretty much wraps it up.
Q: Did she ever fabricate anything about O.J. Simpson when she was high?
A: I don't know.
Q: As you sit here now can you think of anything that she fabricated about O.J. Simpson
MR. LEONARD: Objection. Lack of
BY MR. PETROCELLI:
Q: while high?
MR. LEONARD: foundation
THE WITNESS: I don't know whether she was high when she wrote the book. I know she was under the influence at those dinners.
BY MR. PETROCELLI:
Q: I am saying something that you know for a fact that she made up invented, it didn't happen, when she was high?
A: Not that I know of, no.
MR.PETROCELLI: Okay. I don't have anything further.
MR. LEONARD: No questions.
MR. PETROCELLI: I didn't think so.
MR. RUBALCAVA: You are done. Does that mean no dinner?
MR. PETROCELLI: No dinner.
MR. RUBALCAVA: Thank you for lunch, then.
MR. PETROCELLI: By the way, before we go off the record, though, Ms. Reporter, I would like you to let him put those notes in the right order. So if you could remove the staple. This is Exhibit 172. I would like you to put those notes in the right order.
MR.RUBALCAVA: And if Mr. Reichardt mails you a copy of that bank statement that you requested, will you make that available to all the other attorneys so he does not have to send one to all of them.
MR.PETROCELLI: Sure. No problem.
MR. RUBALCAVA: I think that is the only thing that you still want is that correct? is that bank statement?
MR. PETROCELLI: Apparently.
THE WITNESS: I think that is the only thing that we talked about.
MR. PETROCELLI: That sounds right.
MR. RUBALCAVA: Okay. We will get that to you as soon as possible.
MR. PETROCELLI: While he is looking through those notes, what we will do is put on the same stipulation that we have been using for the other witnesses, which is that the witness can sign this under penalty of perjury; the court reporter is relieved of her statutory duties under the Code; the original transcript will go to you; the witness will have 30 days from your receipt in which to review and sign it, and if necessary, make any changes, though the witness is admonished that those changes, if he does make any, could have an adverse effect on his credibility.
MR. RUBALCAVA: Would or could?
MR. PETROCELLI: Could. You will return the transcript to me within 30 days. If we do not get a transcription to you within 30 days, then a copy may be used in lieu of the original in the form transcribed. Is that acceptable?
THE WITNESS: Should I number these for you? That is how the sequence should be.
MR. PETROCELLI: You know what, why don't you number them. For the record, this is Exhibit No. 172 starting with your handwritten notes. Why don't you put numbers at the top.
THE WITNESS: (Witness complies.)
MR. PETROCELLI: And also before we go off the record, may I have a stipulation from you, Mr. Rubalcava, that the originals of these materials will be preserved, they will not be tampered with, destroyed, or discarded
MR. RUBALCAVA: Changed or modified.
MR. PETROCELLI: And they will not be changed or modified, and they will be made available to us at the time of trial?
MR. RUBALCAVA: Yes. When we get close to trial I don't know what your date is for trial and I don't know when
MR.PETROCELLI: September 9 is our trial date.
MR.RUBALCAVA: We may have some conflict. I don't know how long your trial is going to go and I have no idea
MR. BREWER: I think it is more than two weeks.
MR. PETROCELLI: Given Mr. Reichardt's deposition testimony, we will very likely want him as a witness, so we will let you know.
MR. RUBALCAVA: Okay.
MR. PETROCELLI: Okay.
MR. RUBALCAVA: Because there will be some schedule conflicts potentially, and we want to make sure we know what they are early on.
MR. PETROCELLI: Thank you.
MR.BREWER: Stipulate as to the transcript.
(ENDING TIME: 3:28 P.M.)
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
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