SANTA MONICA, CALIFORNIA; TUESDAY, FEBRUARY 4, 1997 9 AM
DEPARTMENT NO. WEQ HON. HIROSHI FUJISAKI, JUDGE

APPEARANCES:
(PER COVER PAGE)
(REGINA D. CHAVEZ, OFFICIAL REPORTER)

(Jurors resume deliberations at 9 am)

(At 9:45 am the following proceedings were held in open court outside the presence of the jury.)

THE COURT: All right. The Court has provided counsel with the request for reread by the jury. And counsel have some objections, go ahead and state them.

MR. P. BAKER: Your Honor in terms of the -- I've been looking through the third element that's the direct testimony of Mr. Simpson, on November 25, and I looked at the tentative proposal by the Court Reporter regarding the rereads. There's a couple areas which I think were missed and that was line 35 or page 35 line 22 through 38 line 8, basically is Mr. Simpson--my response regarding his whereabouts, and what I would propose is that the reread be 35 line 22 through 38 line 8, 45 line 9 through 49.
THE COURT: Wait a minute. Page 35 line.
MR. P. BAKER: 22 through 38 line 8, 45 line 9 through 49 line 25, 51 line 5, through 54 line 5,
THE COURT: Would you slow down.
MR. P. BAKER: Sure.
THE COURT: 51 what?
MR. P. BAKER: Line 5 through 54 line 5. And 57 line 9 through 59 line 6. I know the plaintiff's have proposed a great deal more testimony, but I believe this is responsive to the jury's request. As to issue number--as to the read back No. 3.
THE COURT: Now is your request as to the second or third part--second or third request, third request?
MR. P. BAKER: The third request. The second request, I believe, Steve has got that cued up so that the recording tape will start on page 28 on -- start on line 1 and stop on line 25. I was basically trying to do the third request, O.J. Simpson direct testimony 11/25/96.
THE COURT: Okay. Plaintiff.
MR. PETROCELLI: Yes, we're not clear what is -- what the jury wants to hear there. We've identified that part of Mr. Simpson's testimony on direct that discusss what he did between those time periods and what we have is as follows: Starting with page 15 line 14 through 29 line 7, skipping over to 29 line 10, through 38 line 25 and then picking up again at page 42 line 9 and going out to 99 line 2. Now all of that discusses what Mr. Simpson allegedly did between 9:45 and 11 o'clock p.m.
THE COURT: All right the reporter will read from page 15 line 14 through page 29 line 7 page 29 line 10 through page 38 line 8 and 42 line 9 through 99 line 2.
THE COURT: Anything else?
MR. PETROCELLI: Yeah Your Honor, the first request on this sheet says Alan Parks direct testimony. Arrival at Rockingham to the end, and that covers pages 8 to 78. The defense wants to include the cross-examination as well, but the jury has not requested the cross-examine.
MR. BAKER: It says to the end.
MR. LAMBERT: Of the direct.
MR. PETROCELLI: To the end of the direct.
THE COURT: I'll inquire of the jury whether they want the cross-examination or they want just the direct and they'll get what they ask for, no more no less. What else?
MR. PETROCELLI: That's it.
THE COURT: Are we in agreement on the item number 4, Mr. Baker, do we have on 4,
MR. PETROCELLI: Your Honor we propose page 25 to page 41.
THE COURT: Excuse me.
MR. PETROCELLI: Pages 25 through--
THE COURT: Which one?
MR. PETROCELLI: Item number 4, the 11/26 J Kelly direct of Mr. Simpson regarding the January 1 incident.
THE COURT: What pages?
MR. PETROCELLI: 25 to 4.
MR. P. BAKER: Are you including page 25 line 1 through 3?
MR. PETROCELLI: Yes, beginning of page 25.
MR. P. BAKER: We object to that. Mr. Simpson, this lost person you refer to -- that's a double murder, answer no.
MR. PETROCELLI: Wherever the subject begins.
MR. GELBLUM: Kelly starts at line 26 on that page.
MR. PETROCELLI: Starting at line 26.
THE COURT: All right.
MR. PETROCELLI: Moving on to the last item, 12/3 Cowlings direct, we propose, 103 line 18 through page 154.
THE COURT: Say that again.
MR. BAKER: Through what page?
MR. PETROCELLI: 103 line 18.
THE COURT: To?
MR. PETROCELLI: Page 154. Is that right to --
MR. LAMBERT: Yeah, I think so. That appears to be responsive.
THE COURT: 154 is the end of the direct.
MR. LAMBERT: Yes.
MR. P. BAKER: We'd like the same question posed to the jury where --
MR. BAKER: Where it's the end of direct, end of testimony.
MR. P. BAKER: That issue doesn't matter.
THE COURT: Bring the jury out.

(Jurors resume their respective seats.)
THE COURT: Morning ladies and gentlemen.

JUROR: Good morning Your Honor.
THE COURT: Okay some clarification with regards to your request. The -- excuse me, the first request, Alan Parks direct testimony from arrival at Rockingham to the end, 11 slash 20 slash 96. Does the jury want only the direct examination testimony or also the cross-examination?
JUROR: Just the direct.
THE COURT: Just the direct. All right, the reporter will read back just the direct of that portion. With regard--with regards to O.J. Simpson direct testimony 11 slash 25 slash 96, re his activities between 9:45 and 11 o'clock, the Court discussed the matter with counsel and the Court will be having the reporter read back portions of the testimony that appear to relate to those letters. Now, if after rereading of any portion, or all of the testimony that it--gets read back to you, if you still have a question as to any part that was not read back to you, give me another note on it okay? Then similarly as to the request of 11 slash, 26 J Kelly direct of O.J. Simpson re January 1 incident, I've also directed the reporter to read back certain portions after consulting with the attorneys. And there again, if after hearing the reread, you feel there are additional portions of that that you anticipated having reread that wasn't read to you, confer and give me another note on that. And finally on the last one 12, slash, 3, Al Cowlings' direct testimony re January 1 incident from arrival at Rockingham to the end. Is it the jury's desire to hear the direct testimony only or also the cross-examination?
JUROR: Direct only Your Honor.
THE COURT: Direct only. Okay. Reporter directed to give the direct only. Are you ready to proceed?
THE COURT REPORTER: I need to put one disc in here and I'm ready to proceed.
THE COURT: Okay. Go ahead. With regards to the defense request portions, they are included in the portions requested by the plaintiff. So you don't have to read them separately, just read them straight through. That would be 15 line 14 through 29 line 7 line 10 through 38 line 8, and 42 line 9 through 99 line 2. That includes all of the defense request as well.
MR. PETROCELLI: Actually we had asked 38 through line 25 not line 8.
THE COURT: You said line 5?
MR. PETROCELLI: Line 25.
THE COURT: Make that 29 line 10 through 38 line 25. That would include the defense request as well.
MR. BAKER: We want to line 8.
THE COURT: We'll go to 25. Includes everything everybody request.
MR. BAKER: I object to lines 20 through 28 Your Honor. That has nothing to do with what they requested.
THE COURT: Overruled. Okay. The rest of your request we read as you wrote it it down, and you'll also hear the recording as you requested. Of Lange-Simpson interview of June 13, 94. Page 28 lines 1 through 25 of the transcript, item 782. Okay, reporter may read Alan Parks direct testimony.
THE REPORTER: (Reading:) ALLAN PARK, called as a witness on behalf of Plaintiffs, was duly sworn and testified as follows:
DIRECT EXAMINATION BY MR. PETROCELLI:
Q. Morning, Mr. Park.
A. Morning.
Q. In June of 1994, where were you employed?
A. For Town and Country Limousine.
Q. What were you doing?
A. Driving limousines, chauffer.
Q. Who was your boss?
A. Dale St. John.
Q. Let's go to June 12, 1994, okay? You were working for Town and Country?
A. Yes, sir.
Q. Okay. And did you get an assignment that day?
A. Yes.
Q. Do you remember what day of the week it was?
A. I think it was the day before, Saturday.
Q. And the assignment for -- Was for which day?
A. For Sunday.
Q. And who gave you the assignment?
A. Dale St. John.
Q. What was the assignment?
A. The assignment was to pick up Mr. Simpson from 360 Rockingham.
Q. Was that the extent of the instructions you got?
A. No. The rest of the instructions were, pick him up at 10:45, have him at LAX for an 11:30 flight on American AIrlines.
Q. Anything else?
A. No.
Q. What time did you leave your house?
A. It was about 9:45.
Q. P.M., right?
A. P.M.
Q. What kind of car were you driving?
A. A stretch limousine.
Q. What color?
A. White.
Q. Did Mr. St. John give you any directions to Mr. Simpson's house?
A. No, he didn't.
Q. And how did you determine how to get to Mr. Simpson's house?
A. I looked at a Thomas Guide before I left.
Q. Had you ever been to Mr. Simpson's house before?
A. No, sir.
Q. Had you ever driven Mr. Simpson before?
A. No.
Q. What route -- where were you coming from?
A. Torrance.
Q. And what route did you take from Torrance to Mr. Simpson's house?
A. I took the 405 north to Sunset, which I made a left onto Sunset, traveling west, and made a right heading north up Rockingham.
Q. Okay. And as you were turning north on Rockingham, did you have in your mind the street address you were looking for?
A. Yes.
Q. And what number did you have in mind?
A. 360.
Q. And how did you go about locating 360 North Rockingham as you were driving north on Rockingham?
A. By looking at the addresses on the curb.
Q. Okay. And at some point did you notice the addresses getting closer to 360?
A. Yes. First I determined which side the even numbers were on, and I proceeded up the street, looking at address numbers.
Q. And did you have good vision?
A. Yes.
Q. Okay.
A. Not great.
Q. Were you wearing glasses?
A. No.
Q. Are you required to wear glasses?
A. Not on my driver's license, no.
Q. And did you have any problems seeing that night?
A. No.
Q. What kind of night was it?
A. What kind of --
Q. Was it raining?
A. No, it was a clear night.
Q. Clear. What was the temperature, if you remember?
A. I don't remember that.
Q. Did you have your window open, driver's-side window --
A. Not --
Q. -- as you were looking at the numbers?
A. -- not that I recall.
Q. Okay. Now, as you approached the addresses closer to 360, describe how it was that you came upon Mr. Simpson's house.
A. I was looking at the addresses on the curb and noticed it was getting closer to 360. I determined that it was -- I don't remember the correct address, 322, 320, something like that, figured it would be a little bit farther, speeded up a little bit, and I finally caught 360 on the curb. I was going just a little bit too fast, so I slowed down immediately and noticed that he was on the corner lot, and saw the street Ashford, and made a right onto Ashford.
Q. Where did you see the number 360 when you saw it for the first time?
A. On the curb.
Q. And where on the curb?
A. On the curb, next to the driveway.
Q. What driveway?
A. The Rockingham driveway.
Q. And when -- how fast do you think you were going when you saw the number 360 on the curb next to the Rockingham driveway?
A. I don't remember. Twenty-five miles an hour, maybe.
Q. Is there any doubt in your mind that you saw the number 360?
A. No.
Q. Is that the only way that you knew that that was Mr. Simpson house?
A. Yes.
MR. PETROCELLI: Let me put up 116 again. You've seen this exhibit quite a bit. Can you all see here? I think I might have been blocking your view yesterday. I'll try to stay out of your way.
(Counsel displays Exhibit 116.)
Q. (BY MR. PETROCELLI) Mr. Park, if you want to step down, with the Court's permission, and just show us -- I know this exhibit doesn't show Rockingham coming up from Sunset but just show the ladies and gentlemen of the jury which direction you were coming and where you saw the 360.
Q. I was traveling north on this, Rockingham here, and the address would have been right about here.
(Indicating.)
Q. On the curb. Okay. And by the way, you see that vehicle there?
A. Yes, I do.
Q. Was a vehicle parked there when you saw 360?
A. No, I didn't see one.
Q. Okay. And you then went up to the corner of Ashford and did what?
A. I came up to the corner. I decided that -- I figured out that he was on the corner lot, and I came up to Ashford, made a right, because as I was coming down Ashford, I noticed there was another gate right here on Ashford, so I proceeded on down the street. Would have been maybe off the screen. There's another driveway up above here
(indicating) and pulled into the driveway and made a U-turn and came back and parked just about right here
(indicating).
Q. Okay. Now, when you when you made that -- when you were approaching Rockingham and you saw 360, you saw the gate, too; is that right?
A. That's correct.
Q. Did you know that there was even another gate on Ashford?
A. No, I didn't.
Q. You turned the corner and you drove down Ashford?
A. That's correct.
Q. When did you first learn there even was an Ashford gate?
A. After I made the right-hand turn and came up on the gate. Now, I was driving a little bit slower and checking out the property.
Q. Now, when you said you made a U-turn and you parked -- right?
A. Correct.
Q. I'll get back to times in a minute. But I just want to sort of get the general layout here. When you parked that car, you parked where, on the other side of the street?
A. Yes.
Q. Facing what direction?
A. It would be west.
Q. Facing this way
(indicating)?
A. Correct.
Q. And had you made a decision at that time to use the Ashford gate instead of the Rockingham gate?
A. No, I didn't. I still, in my mind, was going to use the Rockingham gate.
Q. Then why were you parked here if you're going to use the Rockingham gate?
A. I just -- I parked here because there seemed to be more traffic on Rockingham, and there was a big, huge space to park.
Q. And about what time do you think it was, Mr. Park, when you saw the 360?
A. That would be --
MR. LEONARD: Your Honor, could we have the witness speak up.
THE COURT: Yes. Would you speak up; it's kind of hard to hear you.
MR. PETROCELLI: You may resume the witness stand, Mr. Park.
(The witness complies.)
Q. BY MR. PETROCELLI) I think the question was, sir, about what time was it when you approached the 360?
A. That would have been just around 10:23, 10:24.
Q. And by the way, as a limousine driver, you pay attention to times?
A. Yes, you do.
Q. Why is that?
A. You're just usually on a really tight schedule; you want to make sure you're on time, you're on time at the house, you're to where you're supposed to be on time. Just, you pay a lot of attention to time.
Q. Were you paying close attention on this particular evening to time?
A. Yes. I always do, every --
Q. And you were supposed to be at Mr. Simpson's at what time to pick him up?
A. 10:45.
Q. And had you been told what time the flight was going to depart LAX?
A. I knew it was around 11:30.
Q. And you didn't get to Mr. Simpson's house at 11:45, [sic] right?
A. No, I didn't.
Q. And you got there, you said, about what time?
A. 10:25.
Q. And why so early?
A. Because I've never been to the house before and I just wanted to make sure I was on time. We were also asked to be a few minutes early.
MR. PETROCELLI: Let's put on the television monitor, Steve, 191.
(Exhibit 191 is displayed.)
Q. BY MR. PETROCELLI) Now, do you recognize the curb and the number that you see in Exhibit 191?
A. Yes, I do.
Q. Okay. And what is it?
A. 360.
Q. Is that what you saw when you approached Rockingham?
A. Yes.
Q. Okay. And can you point out to the ladies and gentlemen of the jury where you first saw the address of the Rockingham location. Can you just point it out with your hand, right on the television monitor.
(The witness complies.)
MR. PETROCELLI: Let the record reflect you're pointing to the white space painted 360.
Q. BY MR. PETROCELLI) And when you were driving up Rockingham, you were driving in the same direction that that vehicle is facing, right?
A. That is correct.
Q. And your -- So you were sitting in the driver's seat and the 360 was to your right; is that correct?
A. That's correct.
Q. Now, did you see that car parked there at 10:23, 10:24, when you drove by 360?
A. No I didn't.
Q. BY MR. PETROCELLI) Is there any doubt in your mind?
A. No.
Q. To make the record a little clear --
MR. PETROCELLI: You can take this off.
(Indicating to Exhibit 116.)
Q. BY MR. PETROCELLI) When you were indicating that you came up to Ashford, you turned right on Ashford, right?
A. That's correct.
Q. And you said you parked. And just so the record is clear, you parked on the north side of Ashford, facing west, across from the Ashford gate?
A. Yes.
Q. Okay. After you parked your car there, what did you do?
A. After I parked the car, I noticed I had a few minutes before I had to actually drive up to the gate, so I got out -- got out of the car, walked to the back, had a cigarette, got back in and listened to the radio for a few minutes.
Q. Before you continue, when you say you walked to the back, back of what?
A. Back of the limousine.
Q. Just stood up -- stood outside the limo?
A. No. I sat on the curb.
Q. Okay. Behind the car?
A. Behind the car.
Q. And how long did it take to smoke your cigarette?
A. Five, six minutes.
Q. All right. And during that five or six-minute period, smoking your cigarette, did you see O.J. Simpson?
A. No.
Q. Did you see O.J. Simpson walking a black dog around the block?
A. No.
Q. BY MR. PETROCELLI) And about what time is it, now, that you're parked on Ashford, smoking your cigarette?
A. What time am I smoking the cigarette, or. . .
Q. Just if you could estimate for us where we are now in the time line.
A. Just around 10:30, somewhere around there.
Q. Okay. And after you smoked your cigarette, what did you then do?
A. I got back into the car and listened to the radio.
Q. And what did you do after you listened to the radio?
A. Well, finally, at about 10:40, I started up the car and drove down to the Rockingham gate.
Q. Okay. Between the time that you smoked your cigarette and the time that you started to take off again, during that five- or ten-minute interval, did you see O.J. Simpson?
A. No, I didn't.
Q. When you were listening to the radio in the car, did you happen to see what time it was in the car?
A. This -- After I was through smoking the cigarette?
Q. Yes.
A. Yeah. I got back in the car; and it was 10:35.
Q. Now, is there a clock radio in there?
A. Yes, there is.
Q. And you looked at the time?
A. I -- yeah. I used the clock and my watch.
Q. Okay. So then you -- Why don't you go to Exhibit 116 and explain to the jury what you did when you got back in the car. And could you please keep your voice up, so that everyone can hear.
A. Yeah.
(The witness complies.)
I got back into the limousine -- and this was just about 10:39 -- pulled back onto Rockingham, made a left onto Rockingham, drove down with my window parallel to the gate, looked up the driveway, and was making a decision if I was going to use this gate or not, now that I know that there was another one over here
(indicating). I decided that this curve here was too tight to make the turn with the stretch limousine, just didn't look as easy, so I proceeded to just back straight up and come into the Ashford gate, with my bumper just in front of the gate.
Q. Okay. When you got in the car to go around to Rockingham, what exactly was your purpose in doing so? Why did you want to go back to the Rockingham gate?
A. Because all along, I was going to use that gate to drive into.
Q. Okay. And so as you approached Rockingham, and in particular the Rockingham gate, are you saying it was your state of mind then that you were going to park at the gate?
A. Yeah. Well, it was -- I mean, that was my intentions.
Q. Exactly. That's what I'm asking you.
A. But I checked it out first. I didn't pull straight up to the gate.
Q. How close did you get?
A. I was about in the middle of the street, and my window was just right here
(indicating). I mean, I don't know how far that is.
Q. Now, did you see the number 360 again?
A. Yes.
Q. And did you see any vehicle parked there at that time, 10:39, 10:40, I think you said?
A. No, I didn't.
Q. Okay.
MR. PETROCELLI: Put up the picture again, 191, on the television monitor.
(Exhibit 191 displayed.)
MR. PETROCELLI: Now, I know it's hard to see the full width of the street here. Is that as wide as it goes? Can we get more of the driveway?
Q. BY MR. PETROCELLI) Can you, using the photograph, Exhibit 191, can you describe how close to the gate you got, how far you pulled up?
A. Well, it's so hard with this TV. My window -- my window would have been looking into the gate, so I was past this area here
(indicating). I was looking in this way
(indicating). And like I said, I was halfway out into the street. It's hard to tell with this.
Q. Okay. Did you stop your car to assess the situation?
A. Yeah. I came to a complete -- complete stop.
Q. In the street?
A. Yes.
Q. And you turned your head left and looked up the Rockingham driveway?
A. That's correct.
Q. Did you have a clear field of vision?
A. Yes, I did.
Q. Okay. And did your field of vision, as you were driving up to and stopping, include this area where the vehicle is parked in the photograph?
A. Yes.
Q. And you did not see that vehicle; is that correct?
A. That's correct.
Q. You made a decision, I think you testified, not to use the Rockingham entrance?
A. That is correct.
Q. And what did you then decide to do?
A. Like I said, I backed straight up Rockingham, backwards, and made a left onto Ashford and pulled up into the Ashford driveway, into the gate.
Q. Now, by the way, when you drove down Rockingham to assess the situation, and when you stopped in front of the Rockingham gate, did you see O.J. Simpson?
A. No, I didn't.
MR. PETROCELLI: What exhibit number? We need a new one, next in --

THE CLERK: 2202.
MR. PETROCELLI: Marking this as Exhibit 2202.
(The instrument herein referred to as Board entitled Gates at Rockingham containing two photographs and diagram of Rockingham property was marked for identification as Plaintiffs' Exhibit No. 2202.)
Q.
(BY
MR. PETROCELLI) I wonder if you could come down once again, Mr. Park. You recognize this here as the Rockingham gate?
(Indicating.)
A. Yes.
Q. And does that generally represent the view that you had of the driveway as you assessed the situation whether to use it?
A. That's correct.
Q. Okay. And looking at the letter B, what is that, if you know?
A. That is the Ashford gate.
Q. Okay. And that's the gate where you parked across the street from -- initially?
A. Correct.
Q. And then that's the gate you decided to use?
A. Correct.
Q. Now, when you came back from your second trip to the Rockingham gate, you said you backed down Rockingham?
A. Yes.
Q. You backed down like this, right, using my pen, backing down Rockingham?
A. Yes.
Q. In a northerly direction. And you turned your car this way, easterly?
A. That's correct.
Q. And then you pulled into the Ashford gate?
A. Yes.
Q. And there's a -- you see these metal gates there, right?
A. Yes.
Q. How far up did you go till you didn't -- couldn't go anymore?
A. Inches.
Q. Inches from what?
A. Inches from the gate, from my front bumper.
Q. Facing inward?
A. Facing inward.
Q. And realizing this is taken at a different time of day, this is late at night, right?
A. Yes.
Q. (BY MR. PETROCELLI) Does this represent the -- generally represent the field of view that you had when you were parked in the car, looking into the property from the Ashford gate?
THE WITNESS: Yeah. If anything, I had more view.
Q. (BY MR. PETROCELLI) This is?
A. This is from across the street.
Q. And you were up close?
A. Yes.
Q. When you pulled in, did you turn your car off?
A. No, I didn't.
Q. And what was on in your car? The engine? Anything else?
A. The radio was on low.
Q. Okay. And the windows closed?
A. No. At this time, my window was down.
MR. BAKER: This is leading, Your Honor.
Q. (BY MR. PETROCELLI) Open or closed were the windows -- your windows?
A. Open.
Q. What about the other windows?
A. Closed.
Q. You have a cell phone in the car?
A. Correct.
Q. Now, does the car have to be on for the cell phone to work?
A. The ignition has to be on; the car doesn't have to be running.
Q. Okay. So when you pulled up to the Ashford gate here, about what time is it now?
A. 10:40.
Q. Was the gate open or closed?
A. It was closed.
Q. Okay. And by the way, when you were at the Rockingham gate, in your car, assessing the situation, could you see the Ashford gate from when you were?
A. No, I couldn't.
Q. And when you were at the Ashford gate, could you see the Rockingham gate?
A. No.
Q. Now, could you tell the jury what happened after you pulled up to the Ashford Street gate.
A. After I pulled up to the gate, I got out of the vehicle, left the door open, went to the call box, and there's an intercom in there with a button. I rang the buzzer. It made a noise, made kind of a loud noise, and there was no answer. I repeated pushing the button two or three times before I got back into the limousine and --
Q. Let me stop you right there. Okay.
MR. PETROCELLI: Just so we can see the sequence, can you put on the next exhibit, which will be 2203.
(The instrument herein referred to as Photograph of call box at gate was marked for identification as Plaintiffs' Exhibit No. 2203.)
Q. (BY MR. PETROCELLI) Do you recognize that?
A. Yes, I do.
Q. What is that?
A. That is the call box.
MR. BAKER: That picture doesn't represent the gate as it existed on June 12.
MR. PETROCELLI: Only directing the attention to the --
MR. BAKER: The gate was clear.
THE COURT: Indicating a call box only. Go ahead.
MR. PETROCELLI: This picture was taken recently. And could you let me show Mr. Baker the next pictures. Mr. Baker, you want to take a look at this.
(Counsel hands photograph to Mr. Baker.)
MR. PETROCELLI: I want to use that for the inside.
MR. BAKER: Who is the guy in the picture?
MR. PETROCELLI: Don't know.
MR. BAKER: Trying to get in your own news show.
MR. PETROCELLI: I should be so lucky.
MR. BAKER: Back it off, Steve, we want to see who's there.
(Laughter.)
(Indicating to photograph with call box open and Mr. Petrocelli in photograph displayed.)
MR. PETROCELLI: It was all business, believe me.
Q. (BY MR. PETROCELLI) Is that the inside of the box?
A. Yes, it is.
Q. And there's no -- did it look like that on that night? In other words, was it configured that way?
A. Yes.
Q. Where was the button that you would buzz Mr. Simpson, buzz inside the house?
A. It's --
Q. Can you point to it?
A. This button right here
(indicating).
Q. Okay. And what, would you buzz once, or how would you buzz it?
A. I really don't remember if it was a ringing or a buzzing. I don't know if it rang. I just remember hitting it two or three times.
Q. And then waiting?
A. And waiting.
Q. Okay. By the way, let's mark it as the next exhibit in order, which would be 2204.
THE CLERK: What's being marked?
THE COURT: Second photograph of the telephone.
(The instrument herein referred to as Photograph with close up of call box open and Mr. Petrocelli in photograph was marked for identification as Plaintiffs' Exhibit No. 2204.)
MR. PETROCELLI: You can take that off.
Q. (BY MR. PETROCELLI) All right. Let me back up a little bit. When you pulled up to the Rockingham gate as far as you could go, did you make any observations about the house in front of you; that is, Mr. Simpson's house?
A. To the Rockingham gate.
Q. When you were pulling up to the Ashford gate?
A. To the Ashford.
Q. (BY MR. PETROCELLI) I guess so. Did you make any observations about lights being on or off?
A. I noticed that there were no lights on downstairs. I only noticed one light on upstairs.
Q. Okay. When you say you noticed there were no lights on downstairs, what you're saying is that from what you could see, you couldn't see any lights?
A. From what I could see, no.
Q. Okay. Sitting there in the car?
A. Sitting in the car at the buzzer.
Q. Not only sitting in the car, you're saying, but getting out of the car?
A. Yes.
Q. Okay. And when you got out of the car, you could see right through these iron bars; is that right?
A. That's correct.
Q. Okay. And looking in, could you see the area where Mr. Simpson's -- front of the house is?
A. Yes.
Q. And you could see rooms that -- lights from the outside?
A. What I thought were rooms.
Q. And you didn't see any lights; is that right?
A. No.
Q. Okay. That is correct, right?
A. That's correct.
Q. Okay. After -- did you have any of your lights on in the -- on the car, your headlights or, parking lights, or anything like that?
A. I just had the parking lights on.
Q. Okay. So you were saying before, you buzzed inside the house a couple of times and you got no answer; is that right?
A. That's correct.
Q. And then what did you do next?
A. I then got back into the limousine and used the cell phone to page Dale.
Q. And Dale is who?
A. The owner.
Q. Now how long before you paged Dale did you ring into the house and get no answer?
A. Couple minutes.
Q. So in other words, what you're saying is, that you rang the house and got no answer; you went in the car and you called Dale?
A. Correct.
Q. Now, why did you call Dale?
A. I called him because I thought nobody was home.
MR. PETROCELLI: Like to refer to the next Exhibit, this is 198.
(The instrument herein referred to as Copy of document entitled calls made by Allan Park, June 12, 1994, was marked for identification as Plaintiffs' Exhibit No. 198.)
Q. (BY MR. PETROCELLI) You recognize what this exhibit is?
A. Yes.
Q. And what is it, sir?
A. The cell phone records of the night.
Q. Cell phone records from your limousine cell phone?
A. Correct.
Q. And the call -- it shows the calls that were coming in and going out on that evening?
A. That's correct.
Q. Now, I direct your attention to the first entry. Does that represent the -- the time when you called Mr. St. John's pager?
A. Yes.
Q. And what time does it say up there? Could you --
A. 10:43, and 44 seconds.
Q. And you paged Mr. St. John?
A. Correct.
Q. And so what time, based on the entry of 10:43 and 44 seconds, do you think it was when you first buzzed into the Simpson residence and got no answer?
A. I didn't understand that.
Q. In other words, using this as a point of reference, what time was it?
A. 10:40 to 10:43.
Q. Is when you were buzzing?
A. Yeah.
Q. Okay. And what happened after you hung up your cell phone upon paging Dale?
A. I got back out of the car and I proceeded to ring the buzzer a few more times.
Q. Okay. Now, we see that your call with Dale ended at 10:44 and 24 seconds right, correct?
A. Correct.
Q. And your next call began at 10:46 and 30 seconds, right?
A. Correct.
Q. So you buzzed into the Simpson residence between 10:44 and 10:46; is that what you're saying?
A. Correct.
Q. (BY MR. PETROCELLI) Why did you call your mother?
A. I called my mom to get Dale's house phone number I left at the house. Instead of his pager number, I wanted to call his house direct, just to see if he was home, if he wasn't answering his business line.
Q. Did you reach your mother?
A. Yes, I did.
Q. Did you get Dale's phone number?
A. Yes, I did.
Q. And after you got Dale's phone number from your mother, what did you do?
A. I then called Dale's home.
Q. With the phone number you just got?
A. Yes.
Q. Now, can you explain what the -- back up. Looking at this exhibit here of the cell phone calls, can you tell the jury when you then called Dale's home with the number you got from your mother? Can you point to the entry?
A. Here
(indicating).
Q. And what does it say?
A. 10:49:07.
Q. Can you explain to the jury what the two entries are in white at 10:48:13 and 10:48:38. THE WITNESS: I figured those would be Dale calling me while I'm on the phone with my mom.
Q. (BY MR. PETROCELLI) Okay. And after you dialed Dale's home at 10:49:07, what happened? Did you get an answer?
A. No. I let it ring for quite a while.
Q. And can you tell from the beginning and ending point of the call, approximately how long you rung that phone call, letting it ring?
A. Minute.
Q. Looks like -- looks like 59 seconds, right?
A. Correct.
Q. Okay. What did you then do? You got off the phone at 10:50:06 p.m. from calling Dale and getting no answer, right?
A. Correct.
Q. What did you then do when you got off the phone at 10:50:06 p.m., not having received an answer from Dale's home?
A. I got back out of the limousine and proceeded to ring the buzzer a few more times.
Q. Okay. And can you tell by looking at the next three entries from your cell phone, what those mean? There's 10:49:27, 10:49:48 and 10:50:39?
A. These two, Dale was obviously calling me back and I was on the phone, calling his house.
Q. The first two entries, you were on the phone dialing him while he's calling you?
A. Correct.
Q. Okay. And what about that third one in white, 10:50:39 p.m.?
A. The third one was not answered because I was outside, ringing the buzzer, and I never heard the phone ring.
Q. It's referring to the line that says "incoming call rang but not answered"?
A. Correct.
Q. At 10:50:39 to 10:51:49?
A. That's correct.
Q. You didn't answer that phone call?
A. No.
Q. Why not?
A. I didn't hear it.
Q. Where were you?
A. I was outside, ringing the intercom.
Q. Did you get an answer this third time you were ringing the intercom?
A. No.
Q. What did you do next?
Q. As I was was standing next to the buzzer, waiting for an answer, for somebody, I then heard the phone ringing inside the car, and grabbed the phone. And it was Dale.
Q. From looking at the cell phone records, can you tell the jury when it was that you picked up that call from Dale?
A. 10:52:17.
Q. And when you heard the phone ring, did you get into the car to answer it?
A. Yes.
Q. Were you sitting in the car?
A. Yes.
Q. Was your was your radio still on?
A. Very low.
Q. And was the door open or closed, if you remember?
A. Open.
Q. Okay.
Q. And you began a conversation with Dale St. John?
A. That is correct.
Q. And that conversation ended at what point in time, based on the cell phone records?
A. At 10:55:12 p.m.
Q. Okay. You may resume the witness stand. So you're on the phone with Dale For about three minutes, right?
A. Correct.
Q. What -- relate your conversation with Dale.
THE WITNESS: I told Dale that I didn't think anybody was home, said there was a light on upstairs. He told me that -- he said O.J. usually runs late, go ahead and wait until 11:15. If he's not there by then, go ahead and come on home. He asked me if there was a light on, and what looked to be skylights over towards the garage area, little pantry -- little pantry area. He said -- he asked me if the lights were on in there. He said he usually watches TV in there. I told him no there's no lights on in there. And somewhere in the conversation, that's when I saw the white male come out from behind the -- from the back of the house.
Q. Okay. When the -- The person appeared -- and I'll show the layout in a second, but I want to focus on the timing right now, okay? When the person appeared, did you notice where that person came from?
A. From what I --
Q. The first person who appeared?
A. From what I noticed, from the back of the house.
Q. And he appeared where, in terms of your field of view? You're looking straight ahead, in from the car?
A. Yes.
Q. And where did this person appear?
A. To my --
Q. So to your right, to your left?
A. To the left of me, on the edge of the driveway.
Q. Okay. And can you describe to the jury this person whom you saw appear?
A. It was a blond-hair male, five-ten, 170 pounds.
Q. What did you then say to Dale St. John, without telling us what he said?
A. I said to him that somebody's here.
Q. And did you say anything else?
A. Not that I remember.
Q. Okay. From the moment that you saw that person appear to your left on the property inside the gates, to the end of the call with Dale St. John, about how much time elapsed?
A. Thirty seconds.
Q. So, looking at the cell phone records, if you got off the phone with Dale St. John at 10:55 and 12, seconds you believe you saw the person with blond hair appear to the left at around approximately 10:54 and 30 seconds p.m.?
A. Correct.
Q. We're going to go back to Exhibit 116. Now, this isn't to scale, but if you could describe to the -- to the jury -- if you would get off the witness stand, please -- where you saw the person with blond hair at around 10:54 p.m. and 30 seconds.
(Witness indicates to Exhibit 116.)
A. He would be in this area over --
THE REPORTER: Excuse me I didn't hear the rest of the answer.
Q. He's pointing to the area generally where this pathway from the back of the house intersects the driveway; is that right?
A. That's correct.
Q. Okay.
Q. You're looking straight ahead, right?
A. Correct.
Q. Did you have any problem seeing that person?
A. No.
Q. In this last 30 seconds with your telephone call with Dale, when you first saw this blond-haired person, did you then see anything, or anyone else come in this area over here?
A. Yes. I saw somebody come from the driveway area into the house, or go into the house.
Q. And can you tell us what the person looked like that you saw go from the driveway area into the house?
A. Six foot, 200 pounds, and all black clothing.
Q. When you say all black clothing, what do you mean by that?
A. Well, dark pants, dark top,
Q. Now, if you can sort of put yourself back at that moment in time when you're seeing this person in all dark clothing, you're on the phone with Dale St. John, still?
A. Yes.
Q. At that moment in time, did you believe that you were seeing that person wear a robe?
A. At the time, no.
Q. Did you believe that you saw a swirling hem of a robe?
A. No.
Q. Did you believe you saw, like a belt of a robe waving and flipping around and so forth?
A. No.
Q. Before anything else happened, before you learned anything else or talked to any lawyers or anybody else, at that point in time, you believed when you said dark clothing, that the person was wearing what?
THE WITNESS: Can you repeat the question.
Q. (BY MR. PETROCELLI) Yes. Explain once again what you thought you saw at that point in time in terms of the dark clothing.
A. That's what I thought I saw, dark clothing.
Q. By that -- you said before, dark pants and dark top.
THE WITNESS: Yes.
Q. (BY MR. PETROCELLI) Okay. Now, what happened after you saw the person six feet, 200 pounds, all dark clothing, go into or near the entrance of the house? What happened next?
A. What happened was, that person went into the house. I finished up my phone call with Dale when the person went into the house, some light illuminated from the front of the house -- I don't know where it was coming from -- and hung up the phone with Dale.
Q. Let me stop you right there, then. First of all, can you tell whether the person that went into the house was Caucasian, African-American or another race?
A. Afro-American.
Q. Then you said when the person went into the house, you saw lights illuminate.
A. Yes.
Q. Had you seen those lights illuminated before the person went into the house?
A. No, I didn't.
Q. Okay. And when you saw the lights illuminate, were you still finishing up your call with Mr. St. John?
A. Yes.
Q. How many seconds after you saw the person go in the house were you still on the phone with Mr. St. John?
A. I don't remember that.
Q. Did you even mention to St. John that you saw this person?
A. No.
Q. Now, was the -- what was the pace of the person's movement into the house?
A. He was moving quickly; he wasn't -- it wasn't a run; it wasn't a walk. It was a quick-motion walk.
Q. And can you go up to Exhibit 116 and point out to the ladies and gentlemen of the jury where you first picked up the vision of this person, six foot, 200 pounds, Afro-American, all dark clothing.
A. It was around this area right here
(indicating).
Q. Okay. Now, could you do that one more time -- and forgive me, because I didn't get a chance to get next to you -- Point it out again?
A. It was around this area
(indicating).
Q. Okay.
MR. PETROCELLI: Let the record reflect there's the word "driveway" printed on this exhibit. This is 116, Steve, right?
Q. (BY MR. PETROCELLI) And you are pointing between the W and the A, right below the W and the A?
A. South, around there. I mean around that area.
Q. Around the area just below the W and the A?
A. Yes.
Q. Okay. Using -- using my trusty pen there, why don't you indicate to the jury what direction you saw the person traveling.
A. Would have been this way, heading this way, and I said cutting the corner into the house.
(Indicating.)
Q. And you were observing this while you were in your car, right?
A. Yes.
Q. And were you -- where you first picked him up, is just south here on the map of the W and the A?
A. Right.
Q. Is that an estimation?
A. Around that area, yeah. I can't be exact where he was.
Q. Now, you were asked similar questions at the criminal trial were you not?
A. Yes, I was.
Q. Okay. 1446 -- 1456 --
MR. PETROCELLI: 1446 -- 1456. Will this show up on the Elmo? This is an Elmo reproduction of another Elmo reproduction at the criminal trial.
(The instrument herein referred to as An Elmo reproduction of another Elmo reproduction at the criminal trial depicting a diagram of the Rockingham property was marked for identification as Plaintiffs' Exhibit No. 1456.)
Q. (BY MR. PETROCELLI) I just want to go over this with you. This is the spot that you marked with the cross at the criminal trial?
A. That's correct.
Q. Now, did you mark that spot yourself, by putting it up there?
A. No, I didn't.
Q. Can you explain to the jury -- Well, first of all, is that spot near where you saw the person?
A. It's around that area, yeah, just a little bit south of it.
Q. Could you point to the spot where you believe you first picked up the person, using this exhibit.
A. It was just around this area here
(indicating ).
Q. It's a little below where that cross appears?
A. That's correct.

Q. Now, you were on the witness stand some time ago doing the same kind of thing, right, in the criminal trial?
A. Correct.
Q. How did that cross get put on that document, if you could explain to the jury?
A. Marcia Clark was asking me to put a spot on where I saw the -- well, not me. Somebody else was controlling this machine, and the thing was going all over the place, back and forth, back and forth. And he got around the area, and I said, "Stop; that's it."
Q. And that's generally the area?
A. That's generally the area.
Q. In other words, you weren't working the machine yourself, right?
A. No.
Q. And where was the machine in the other courtroom?
A. Back -- just back behind this section here.
Q. Okay. So I just wanted it to be clear, it's not something you physically put on with your hand, right?
A. No.
Q. But it generally is the same area, but a little below?
A. Yes.
Q. Okay.
MR. PETROCELLI: Would this be a good time?
THE CLERK: I'd I like to clarify what the exhibit number is.
MR. PETROCELLI: This exhibit is 1456. Can we clarify it at the break?
THE COURT: Ten-minute recess, ladies and gentlemen.
(Recess.)
(The jurors resumed their respective seats.)
MR. PETROCELLI: Thank you, Your Honor. Do you want to put on 114?
(Exhibit 114 displayed.)
Q. (BY MR. PETROCELLI) We've got -- referring again to 114, and pulled it up to sort of an approximate view from the limousine, looking in the Ashford gate. In any event, Mr. Park, let me show you -- can you stand up, please. Do you see this skylight up here?
A. Yes. Did you see any light coming from that skylight?
A. No, I didn't.
Q. There's a kitchen nook area down here?
A. I assume that.
Q. Did you see lights coming from that part of the house before you saw the dark figure going in the house?
A. No.
Q. Okay. And do you see this little pathway here --
A. Yes.
Q. -- as it intersects the driveway?
A. Yes.
Q. This is the intercom, right?
A. Correct.
Q. Is that the location where you saw the blond-haired person appear about 30 seconds before you got off the phone?
A. Yes.
Q. Was he a little this way or that way?
A. He was a little bit -- little bit farther back.
Q. Farther back, towards the side?
A. When I first saw him.
Q. When you first saw him. Okay. And when you first saw him -- and did you then see where he went after you first saw him?
A. I didn't pay any attention to him.
Q. Okay. And did he, at that point in time, open the gate for you?
A. No, he didn't.
Q. Okay. So after you saw him, you then saw the person go in the house, and you got off the phone, as you testified to, right?
A. Yes.
Q. Okay. Now, and during this period of time, do you or do you not see this blond-haired person while you're getting off the phone, while you're seeing the other person go into the house?
A. I don't remember that.
Q. You don't remember seeing him, then?
A. I -- after I saw him the first time, I didn't pay any attention to him.
Q. Okay. Did there come a time when you saw him again?
A. When he opened the gate for me.
Q. That was a little later on?
A. Yes.
Q. Okay. We'll get to that. What I'm trying to find out is whether between the time you first saw him and the time you saw him open the gate later on, whether you saw him in between.
A. No.
Q. Okay. When you saw that person going into the house, at any point in time did you see him coming --
MR. PETROCELLI: I'm blocking somebody, Your Honor?
THE COURT: Well, yeah, you're beginning to step in front of the jurors.
MR. PETROCELLI: I apologize, Madame Juror.
THE COURT: You were very good for about three weeks.
MR. PETROCELLI: I'll get out of your way here.
Q. (BY MR. PETROCELLI) When you saw that person going into the house, that person in all dark clothing, at that point -- during that point in time, did you ever see him coming out of the house?
A. No.
Q. Did you ever see him pick up a golf bag and hold it up to you?
A. No.
Q. Did you ever see him signal to you?
A. No.
Q. Did you ever see him nod or gesture to you in any way?
A. No.
Q. During the time that you were in the car -- withdrawn. When you were getting out of the car and going to the intercom, could you see the Rockingham gate while you were standing up, using the intercom?
A. At any time?
Q. Yes.
A. No.
Q. And while you were inside the car, did you -- could you hear noises from Rockingham, such as cars coming up and down?
A. No.
Q. Let's pick up the sequence of each event. Again, after you saw the person go into the house and you saw lights illuminate, you got off the phone, right?
A. Correct.
Q. And then what happened?
A. After I got off the phone, I sat in the car for another few seconds.
Q. Why?
A. I was -- since somebody was home, I figured they were going to open the gate for me.
Q. And did someone open the gate for you?
A. Not at that time, no.
Q. How long did you wait in the car for someone to open the gate for you after you got off the phone?
A. Fifteen, thirty seconds, in between there. I can't be exact.
Q. And after that interval of time went by and no one opened the gate for you, what did you then do?
A. I then stepped out of the vehicle again, and, I pushed the intercom. This time it was answered.
Q. Was it answered after a number of buzzes or right away?
A. Immediately.
Q. And describe what happened next.
A. A voice came over the intercom saying, "Sorry, I overslept; I just got out of the shower," and, "I'll be down in a minute."
Q. Did you recognize the voice?
A. Yes.
Q. Whose voice was it?
A. Mr. Simpson's.
Q. What happened after Mr. Simpson and you stopped talking through the intercom?
A. After that, I got back into the vehicle and waited another 30 seconds.
Q. Did the gate open during that time when you got off the intercom, went in the vehicle, and waited 30 seconds?
A. No, it didn't.
Q. What did you then do?
A. Sat there and waited.
Q. What did you then do?
A. I waited until finally, the white male came and opened the gate for me.
Q. And is this the same white male that you had seen previously?
A. Yes.
Q. And this is the very next time that you had seen him, right?
A. Yes.
(Indicating to Exhibit 116.)
Q. You -- can you tell us by walking up to Exhibit 116 and pointing out where the white male walked up to and how the white male opened the gate for you?
A. He came up the driveway from this direction, and he didn't come up to the gate and open it manually. He -- I guess where it says control box, somewhere over in that area, he hit a button or what-not, and the gate opened.
Q. Okay. And was your car engine on this whole time?
A. Yes.
Q. Okay. And what did you -- What did you then do? You can take a seat.
(Witness resumes witness stand.)
A. After the gate opened up, I drove into the property, pulled up with my driver window parallel with the front door, and popped the trunk and got out.
Q. You pulled up basically this direction right here, with my pen pointing in the southerly direction?
(Indicating.)
A. That's correct.
Q. And stopped just opposite the front entrance?
A. Yes.
Q. Now, did you notice, when you pulled in, a black dog?
A. Yes.
Q. Did the dog run out of the gate when it opened?
A. Not that I remember, no.
Q. What happened when you pulled up to the -- to the gate?
A. When I pulled up to the gate?
Q. I'm sorry. Pulled up to the front door area.
A. Like I say, I popped the trunk, and stepped out of the vehicle. At that time, the white male came up to me and was asking me about an earthquake. I said no, or he asked me if I felt an earthquake, and I said no. And he started describing these sounds he heard on his wall, and that a picture moved on his wall. He said he was on the phone with a friend, and that was the reason he was coming out. He made some other small talk, like was Mr. Simpson running late, things like that.
Q. What did you say when he asked if Mr. Simpson was running late?
A. I looked at my watch and I said, "It sure looks like it."
Q. Did he have anything in his hands, this white person?
A. He had a very small flashlight.
Q. You've since seen Kato Kaelin, have you not?
A. Yes.
Q. Is that the person we're talking about?
A. Yes.
Q. We can now address -- As Mr. Kaelin?
A. Yes.
Q. Okay. Well, after you had this little conversation with Mr. Kaelin, then what happened?
A. Kaelin walked towards the garage area and was calling the dog at the same time. He was petting the dog, and he proceeded on, calling the dog. He wanted the dog to come with him. He was just about at the corner of the garage area.
Q. Where, this southwest corner here, where I'm pointing?
A. That's correct.
Q. And he was heading there, wanting the dog to come?
A. That's correct.
Q. The dog was not coming?
A. Didn't want to leave.
Q. And stayed with you?
A. Yes.
Q. Okay. Then what happened?
A. He walked back over to me, or towards where the dog was, and kind of motivated the dog to go with him. And the dog started to follow him after that. I sat out front.
Q. By yourself?
A. By myself.
Q. Okay. And then what happened?
A. After that, he walked around the corner -- how far, I don't know; he was out of the field of my view -- and returned back out front with me shortly after that.
Q. Now, when you pulled up to the entrance area of Mr. Simpson's house, did you see any baggage or luggage?
A. Yes, there was some bags on the -- just off the driveway, on the porch area.
Q. And did you and Mr. Kaelin begin packing those items?
A. Not the ones that I saw on the porch, no.
Q. Did -- and then at some point in time -- just left them there?
A. Yes.
Q. Okay. And at some point in time, did Mr. Simpson appear?
A. Yes. He finally came down the stairs, carrying a what we all know now is the Louis Vitton bag -- he was carrying that -- and he set that next to the baggage on the ground.
Q. This is the first time you seen him -- _
A. Yes.
Q. -- since the person that went into the entranceway?
A. Yes.
Q. Okay. What was he dressed like?
A. He was wearing some stone-washed blue Levis, and like, a white polo shirt and what -- I don't remember if he had an overcoat with him. I don't know if he was wearing it or not.
Q. Now, the clothes that you saw him wearing at this point in time, did they appear to be the same clothing that you had seen that person wearing going into the house?
A. No.
Q. When Mr. Simpson appeared, besides his clothing, did you make any other observations of how he appeared to you?
A. He just seemed to be in a very big hurry.
Q. And can you tell the jury what happened after you first began interacting with Mr. Simpson.
A. I -- from what I remember, he set the Louis Vitton bag down next to the other bag, and he proceeded down the driveway. I -- I then picked up the Louis Vitton bag, went and put it -- it was around the same time I saw Kato putting the -- the golf clubs into the trunk, and I walked over and put the Louis Vitton bag into the trunk.
Q. So -- let me stop you there. While Kato Kaelin and you are putting some items of luggage into the trunk, you said Mr. Simpson began walking down the driveway?
A. From what I remember, yes.
Q. And by "the driveway," could you tell us what driveway and what direction?
A. Towards the Rockingham gate.
Q. Meaning in this direction, where I'm going with my pen, from the entranceway towards the Rockingham gate?
A. Yes.
Q. Okay. And did he then leave your field of view or vision for a while?
A. Yes, he did.
Q. Okay. Then what happened?
A. Simpson, was -- he was running back -- not running, but he was -- just seemed to be getting things together for the ride to the airport. At some point in time in there, Kato asked me for a flashlight, if I had a flashlight in my vehicle, because he was complaining about his didn't work too well. I proceeded to check the limousine for a flashlight, looked in the glove compartment, looked in the trunk. I couldn't find a flashlight.
THE COURT: Jury have your break this morning?
JURORS:
(Nod in the negative.)
THE COURT: Would you like your break now?
JURORS:
(Nod in the affirmative.)
THE COURT: Ten-minute recess.
(Recess)
(Jurors resume their respective seats.)
THE COURT: Okay, we'll resume reading. If the jurors have heard the parts that they wanted to hear of the reading and don't wants to hear any more, let me know.
JURORS:
(Nod in the affirmative.)
THE COURT: Okay you may resume.
(Read continues)
Q. Did there come a time when you saw any item of luggage away from the area of the front entranceway?
A. Yes. Earlier, I noticed a small, dark bag laying on the edge of the -- the driveway, towards the back.
Q. Can you show the jury where you believe you saw this small, dark bag.
(Witness indicates to Exhibit 116.)
A. That would be somewhere in this area.
Q. And you're pointing to an area where?
A. Yeah, somewhere around there
(indicating).
Q. This one circle over --
A. Correct.
Q. Was there a car next to that bag?
A. Yes, there was.
Q. Was the car
(sic) behind the car?
A. Yes. Time 11:30AM 2/3/97
MR. LEONARD: There's an objection.
MR. PETROCELLI: No, there isn't.
THE COURT: Which?
MR. PETROCELLI: It's referring to the next --
MR. LEONARD: Your Honor, if she intends --
THE COURT: Approach the bench.
MR. LEONARD: Thank you.
(The following proceedings were held at the bench:)
MR. PETROCELLI: She has been eliminating all objections.
THE COURT: I understand that. What's your objection?
MR. LEONARD: The question/answer.
THE COURT: What line?
MR. LEONARD: Right here, line 17 page 67.
MR. PETROCELLI: She didn't.
MR. LEONARD: I know, that's why I wanted to --
MR. PETROCELLI: You don't have to tell her, she knows what she's doing.
MR. LEONARD: It happened once before.
THE COURT: Did you read line 17?
THE REPORTER:
(Nods in the negative)
MR. LEONARD: No, she hasn't.
THE COURT: Okay.
MR. LEONARD: Want to make sure. You know, she did it --
MR. PETROCELLI: Thank you, Your Honor.
(The following proceedings were held in open court in the presence of the jury.)
THE COURT: Reporter, read the last question and answer before the objection.
(Reporter complies. Rereads question and answer)
Q. Okay. And tell the jury what you can remember concerning that bag, and who was going to get the bag, and so forth. You can take the witness stand.
A. Well, after I was through looking for the flashlight, at some point I asked Mr. Simpson where he'd like the two bags that were on the porch, if he'd like them inside the trunk or inside the cab. He asked me to put them inside the cab, so I did. I put them in there. We were -- at another point, we were standing back by the trunk, Kato, Simpson and I were, towards the back of the trunk, and Kato mentioned he was going to go get that bag, he said, I'll go get that bag for you.
Q. By that bag, he meant the one behind the car?
A. Yes, he was pointing to that bag.
Q. He being Mr. Kaelin?
A. Yes.
Q. Then what happened?
A. Simpson jumped out and said no, no, no, that's okay, that's okay, I'll get the bag, don't worry about it, I'll get it. So Simpson went and grabbed the bag. I was towards the back of the trunk area. I went and closed the passenger driver-side door, and he returned towards the vehicle with that bag. Where he put it I don't remember. I don't know if it was in the trunk or inside the cab.
Q. (BY MR. PETROCELLI) Tell us what you observed, Mr. Park, when you say he jumped out, tell us a little more perhaps specifically, you know, what he did to go get the bag?
A. He told Kato just what I said and --
Q. When was what?
A. He said no, no, no, that's okay, I'll get the bag, don't worry about it. And he moved quickly to get the bag.
Q. Okay. Did you -- during the time that that bag was out there, did you get a chance to see it?
A. I saw it from a distance. I know it was a dark small bag.
Q. Well, let me show you this bag.
MR. PETROCELLI: Is this 899?
THE CLERK: Yes.
Q. (BY MR. PETROCELLI) Is this the bag that you saw there?
(Referring to Exhibit 899.)
A. No.
MR. PETROCELLI: Let the record reflect 899 is this bluish bag.
Q. (BY MR. PETROCELLI) Now, after -- let me back up for a second. Did there come a time during all this activity that you've been describing when Mr. Kaelin and Mr. Simpson began to look for the thing that Mr. Kaelin was talking about, the noise that he had heard?
A. Yeah. At one point, Simpson was walking by Kato and I, and Kato was still concerned about what the noise was on the wall. He kept repeating, you know, you sure you didn't feel an earthquake, this and that. And Simpson overheard us talking about an earthquake and he asked, as in a question way, he said oh, we had an earthquake? At that time he was walking back into the house. Kato followed him into the house. At about the time that they came back out, Simpson was talking about searching the property. He pointed in one direction and said you go that way, pointing towards the garage area, he said I'll go this way, pointing going around the back way of the house. Kato started walking towards the garage area and Simpson followed right behind him. He didn't go the other way.
Q. Let me understand this. Mr. Kaelin started heading in the direction that he had been before, behind the garage?
A. Right.
Q. And Mr. Simpson indicated that he was going to go in a different direction?
A. Correct.
Q. What did Mr. Simpson then do?
A. He followed Kato towards the garage area where Kato was -- he was heading back behind that.
Q. What did you do during this time?
A. I closed the trunk and I closed the doors on the limousine and I proceeded behind Mr. Simpson.
Q. So it was the three of you?
A. Yes.
Q. And about how far did you get, the three of you?
A. Kato was just past the corner of the garage, yes.
(Mr. Petrocelli indicated to Exhibit 116.)
A. Simpson was a little farther behind him, not much farther, and I was right behind Mr. Simpson. Simpson then turned around and saw that I was following back there, and he said we got to go, we got to get out of here.
Q. Then what happened?
A. So we turned around, went back to the car. I let him in the back, I got into the driver seat, and went to the Rockingham gate that Kato opened up for us.
Q. Kato opened the Rockingham gate by using this control box here
(indicating)?
(Readback continues)
THE COURT: Is sufficient?
JUROR: That will be sufficient.
THE COURT: All right. Next portion the jury has requested is recording of Lange slash Simpson interview 6/13/94 page 28 lines 1 dash 25 of transcript, item number 782. Have you got it keyed? Okay.
(Mr. Foster nods)
THE COURT: Play it.
(Audiotape is played at the requested portion)
(Audiotape completes playback)
THE COURT: Next is O.J. Simpson direct testimony 11/25/96 re his activities between 9:45 and 11. That's going to be page 15 line 14 through page 29 line 7, page 29 line 10 through page 38 line 25. And page 42 line 9 through page 99 line 2. That's a large chunk of testimony so again, advise me if you've heard what you wanted to hear and you do not want to hear any more, okay?
(Readback commences) ORENTHAL JAMES SIMPSON, called as a witness by the Plaintiff, was sworn and testified as follows:
THE REPORTER:
(Reading:)
Q. Now, when you got back from McDonald's, you made a call, another call, your final call to Paula Barbieri at 10:03 p.m., true?
A. That's correct.
Q. And you're leaving her messages in a number of those calls, aren't you?
A. I think I may have left her -- I'm pretty sure I left her one early on and then I believe I might have left her one after. I may have. I know if I did it wouldn't have been more than a couple messages, maybe once for -- once after the recital, and I know I did at 10.
Q. Page 8, 9, 12 through 13. I want to talk about this 10:03 time period now.
A. Yes.
Q. When you spoke to the police detectives on June 13, hours after Nicole's murder, you told the police detectives that you made a phone call to Paula driving over to her house in your Bronco, from your cell phone. True?
A. I don't think that was the 10:03 call. I believe that we were talking about earlier.
Q. Excuse me, sir. Answer this question: When you spoke to the police on June 13, hours after Nicole's death --
A. Yes.
Q. -- you told the police that you, after the recital --
A. Okay.
Q. -- made a phone call while driving over to Paula's looking for her, from your Bronco, the car you'd rather drive than any other car, using your cell phone, true?
A. I don't think I said from my Bronco, but I did imply that I was driving to Paula's right after the recital and I made a call to Paula.
Q. You implied it or you said it?
A. I don't recall but I know it was implied.
Q. Let me read it to you. Page 8.
(Reading.) "
Q. Where did you go from there, the recital?"
MR. PETROCELLI: I'm going to skip at the judge's request the "ums" and "greats." Mr. Baker, I'm at page 8.
Q. (BY MR. PETROCELLI)
(Reading.) "Where did you go from there, O.J.? "Home. Home for a while and got in my car for a while, tried to find my girlfriend for a while. Came back to the house."
Q. (BY MR. PETROCELLI) Again, page 9.
(Reading.) "After the recital you're referring to? "I came home, and then I called Paula as I was going to her house and Paula wasn't home."
MR. PETROCELLI: Page 12 and 13.
MR. BAKER: Well, that -- read the questions and the answers.
MR. PETROCELLI: I was trying to shorten it up. If you want me to read the questions and answers, I'll be happy to, Mr. Baker. I have no problem with that. Okay. Let's start at page 12.
Q. (BY MR. PETROCELLI)
(Reading.) "QUESTION" --
MR. BAKER: Can you give me a line, please.
MR. PETROCELLI: Yeah. We'll start it at line 23, referring to did he take it to the recital, meaning the Bronco.
Q. (BY MR. PETROCELLI)
(Reading.) "Did you take it to the recital? "
A. No. "
Q. What time was the recital? "
A. Over at about 6:30. Like I said, I came home, I got in my car, I was going to see my girlfriend, I was calling her and she wasn't around. "
Q. So you drove the -- "
A. Bronco. "
Q. You got home in the Rolls, in the Rolls -- "Yeah. "
Q. And then you got in the Bronco? "
A. Bronco, 'cause my phone was in the Bronco. "Okay. "
A. And cause it's -- the Bronco is -- the Bronco is what I drive. "Yeah. You know, I drive -- rather drive it than any other car. And as I was going over there I called her a couple of times, and she wasn't there and that she had left a message. And then I checked my messages, she had left me a message that she wasn't there, that she had to leave town. Then I came back and ended up sitting with Kato."
Q. (BY MR. PETROCELLI) You told the police you drove to Paula's after the recital, in your Bronco, and made a call to her from your cell phone, true or untrue?
A. True.
Q. The only time after the recital that you have any cell phone calls to Paula is at what time, looking at your cell phone records?
A. 10:03.
Q. So, sir, you were in your Bronco calling Paula at 10:03, just like you told the police, true?
A. That's incorrect.
Q. Oh, so you lied to the police?
A. No.
Q. You have a different story now. It's different now, isn't it?
A. I think it's more accurate now.
Q. It's different, isn't it?
A. Yes.

Q. It's -- now you say you didn't get in the Bronco, and drive to Paula's, and call her from the phone, true?
A. That's true.
Q. That's what you now say, true?
A. That's true.
Q. Okay. And you now say that of course after meeting with teams of lawyers and investigators and defense experts and seeing that there are cell phone records at 10:03 putting you in the Bronco, true?
A. True.
Q. And by the way, at the time you gave your statement to the police, you were not familiar with cell phone records, were you?
A. I don't understand what you mean.
Q. Well, you testified in your deposition, line -- at page 2144, that the cell phone bills go to the office and are paid by someone there, meaning Cathy Randa?
A. Yes.
Q. Okay.
A. But I understand cell phone records.
Q. Now you do?
A. I always have.
Q. You also told the police, sir -- well, withdrawn. So your story now, then, is that you didn't make this call from the Bronco, right?
A. That's correct.
Q. (BY MR. PETROCELLI) And your story -- And your story now, sir, is that, in fact, your cell phone wasn't even in the Bronco as at 10:03, right?
A. That's correct.
Q. You're now saying that you took it out of the Bronco hours before?
A. That's correct.
Q. Let me read what you told to the police about that subject. One second so I can get the page number for your counsel. Here it is. Page 15, at line 22.
(Reading.) "
Q. "Do you recall bleeding at all in your truck -- in the Bronco? "
A. I recall bleeding at my house and then I went to the Bronco. The last thing I did before I left, when I was rushing, was went and got my phone out of the Bronco." Remember saying that to the police?
A. I don't think that's complete.
(Counsel hands document to witness.)
Q. (BY MR. PETROCELLI) Do you remember saying that to the police, yes or no?
A. I remember saying that and more to the police.
Q. You think this transcript is wrong, is that what you're saying?
A. I know it is.
Q. (BY MR. PETROCELLI) You told the police that the last thing you did, sir, was you, before leaving for the airport, went out and got your cell phone from the Bronco, because it was in the Bronco, at 11 o'clock, true?
A. That's incorrect.
Q. Now you're saying the police statement is wrong because you don't want the phone to be in the Bronco at 11 o'clock, true?
A. It wasn't in the Bronco.
Q. (BY MR. PETROCELLI) What is your story now? By the way, on this, you didn't get the cell phone when you were leaving, you got what?
A. My cell phone comes with attachments, extra batteries, there's a little case that I carry it in when I'm -- with an extra battery, and there's a plug-in you can use in any automobile. I believe if you got the correct -- if you listen to the tape, and not your -- that's my answer. That's my answer. And I think I implied that when I said that to the police. You just don't have it on your transcript.
Q. Sir, I asked you on Friday if what was recorded on the tape was accurate and you said it was?
A. No. What was on the tape is accurate, but they don't have the whole thing.
Q. Now you're saying you didn't get the cell phone when you were leaving for your one-day trip to Chicago, but you got cell phone accessories, right?
A. Yes.
Q. That's what you're saying?
A. Yes. My cell phone comes in a package and I need the package when I travel.
Q. So you specifically remember now, two and a half years later, that it wasn't -- the phone -- the phone wasn't in the Bronco at 10:03, right, you specifically remember that now, right?
A. I don't -- I don't get the question. I remember that --
Q. You specifically remember your phone was not in the Bronco at 10:03, correct?
A. Correct.
Q. And you remember -- and you remember that it was accessories, and that's what you meant to tell the police, that you went out to get cell phone accessories for the one-day trip to Chicago, right?

A. Yes.
Q. Okay. Let me read what you said at page 16 of your police statement, line 22. I'll start at 16 just for some context.
(Reading.) "
Q. So did you do anything -- when did you put the band-aid on it? "
A. Actually, I asked a girl this morning for it and she -- "And she got it? "Yeah. "Okay. "
A. 'Cause last night I just put -- I mean when Kato -- When I was leaving he was saying something to me and I was rushing to get my phone and I put a little thing on it and it stopped."
Q. Remember telling that to the police?
A. I don't remember telling them, but I read the transcripts.
MR. PETROCELLI: Put this on the Elmo, Steve.
Q. (BY MR. PETROCELLI) Let me ask you about this.
MR. PETROCELLI: Put that on the Elmo.
(Transcript displayed on Elmo.)
MR. PETROCELLI: I want to focus on this. Can you do a little better on that? No, no, no, I want to see the whole thing. Back, back. Okay. Right there. Move it over. Okay, can you see that?
(Indicating to TV screen.)
THE WITNESS: Yes.
Q. First of all, you're clear in your mind, sir, that the time frame you are talking about in giving this answer, about getting your phone, was at the very end of the night when you were leaving and Kato was talking to you, right?
A. Correct.
Q. And you told the police, I was rushing to get my phone and put a little thing on it, right?
A. Correct.
Q. And earlier you said the last thing you did when you were talking to the police was you got your phone out of the Bronco, right?
A. That's what I said, yes.
MR. PETROCELLI: Okay, you can take it off.
Q. You were calling Paula, driving in your Bronco to Bundy, calling Paula 'cause you were desperate and you were alone that night, true?
A. Untrue.
Q. (BY MR. PETROCELLI) You'd have no other reason for calling Paula at 10:03 p.m., you called her all day, true?
Q. Did you not call Paula all day long starting about 2:12, with your phone records there?
A. I called Paula a few times that day, yes.
Q. (BY MR. PETROCELLI) And you knew that she was gone?
A. No.
Q. Right?
A. Not really, no.
Q. You told Lenore Walker that's Las Vegas or Arizona. I just read in her notes you told her that February 25, 1995?
A. Among other things, yes.
Q. So you knew Paula wasn't home?
A. No.
Q. You were desperately trying to get in touch with her, weren't you?
A. I wouldn't have called if I didn't think she might have been around.
Q. What your reason, your story, now, sir, is you were looking for a ride to the airport?
A. That if she was still in town, that it was still not too late for her to take me to the airport.
Q. You knew a limo had been arranged by your secretary, Cathy Randa, to be at your house at 10:45 like clockwork, like always, right?
A. Yes.
Q. So -- so now you say that you made the phone call standing from where, sir, on the cell phone?
A. I was in my front yard near -- if you have a picture of my front yard -- near where my Bentley was parked.
Q. Before I show you the front yard, how many phone calls did you make on your cellular phone all day on June 12, outside of your Bronco?
A. This would have been the only one.
Q. So every other time you used your cell phone that day, 2:12, 2:13, 2:18, 2:22, 2:23, 2:24, you're in the Bronco, right?
A. One ride from the golf course in from the Bronco.
Q. Where your cell phone was?
A. Yes.
Q. And it was still in the car in fact when you came home from the golf course?
A. That's right.
Q. It was still in your car when you were at the recital, weren't you?
A. That's correct.
Q. Yes. You remember when you say you took it out of the car, the phone out of the Bronco?
A. Yes.
Q. When do you say, between like 7:30 and 9, thereabouts?
A. Correct.
Q. The only call you would like this jury to believe that you made from your cell phone not in the Bronco, but in your driveway, is at 10:03, right?
A. That's correct.
Q. (BY MR. PETROCELLI) Okay. So let's go to the story that you told in your deposition in this case.
(Referring to Exhibit 116)
Q. You said you pulled your Bronco in to get some stuff out of it, right?
A. Yes.
Q. And by the way, the first time you pulled it in, you just took out your golf clubs, right?
A. My golf clubs, my cell phone,
Q. Cell phone? Sure about that?
A. Yes, that was about that time that I took it out.
Q. Okay. And you didn't take out the cell phone accessories, did you?
A. No, I didn't look for it.
Q. Just looked for it -- it was right there in the passenger seat.
A. Well, I didn't look for it.
Q. What do you mean? It was right there in the passenger seat; how could you have missed it?
A. I didn't look for it.
Q. Okay. So you just get the phone out. And by the way, the phone was just by the passenger seat too, it was right there in between the two seats too, right?
A. That's correct.
Q. You took one, but not the cell phone accessories?
A. That's correct.
Q. You left the Windbreaker there too, that was over the console, right?
A. That's incorrect.
Q. Okay. You didn't take the Windbreaker out at this time, did you?
A. No.
Q. So you just took out the -- the phone and your clubs, right?
A. That's correct.
Q. And you went inside, did a little stuff, and you parked your car, and you claim you parked it on -- on Rockingham at this time, right?
Q. (BY MR. PETROCELLI) Prior to around 9 p.m. on Rockingham, right?
A. That's correct.
Q. You had to make a couple of other trips out to that car that night to get stuff, didn't you?
A. I think I looked out there one other time.
Q. Well, you looked there for a club, once, right?
A. Yes.
Q. And then you went out there to get your accessories, right?
A. Yes.
Q. And you're sore-legged, stiff that night, want to cut down your walking time, right?
A. Yes.
Q. That's why you took the short distance to the Bentley, because you didn't want to walk the distance to the Bronco, right?
A. Not necessarily, no.
Q. That's what you said on Friday; you were stiff-legged, that's why you took the Bentley?
A. I took the closest car.
Q. And you said you were stiff-legged. Do you want me to read it?
MR. BAKER: Yes.
MR. PETROCELLI: Can you find it?
Q. (BY MR. PETROCELLI) Said you were sore and stiff, right?
A. I was.
Q. Okay.
A. All day.
Q. All day. And you wanted to take the shortest car, right?
A. I just took --
Q. Shortest distance?
A. I just took the closest car when I came out of my house.
Q. But you made a lot of trips to that Bronco that night, didn't you?
A. I believe two.
Q. And you had to walk out and get it, too, right?
A. Yes.
Q. Okay. Now, when you got the phone, you said you put it in your kitchen, right?
A. Somewhere in my kitchen.
Q. Okay. Now --
A. Where I normally put it.
Q. It's around 10 o'clock, it's after McDonald's, and you're getting closer to the 10:03 phone call. Your story is you go in your garage, passing some time, pick up a club or two, open up the garage door, and are going to go out to swing some golf balls, right?
A. No, that wasn't my purpose at all.
Q. That's what you did, right?
A. Among the things I did. I hit four or five balls, yes.
Q. Yeah, and as you were going out to the garage to do this and to look for clubs and other things, you realize you left your phone in the kitchen, right?
A. I don't think it worked that way. As I said, I wasn't clear if I picked it up before I went out, or either I came back in and picked it up when I came out of the house, I had my cell phone with me.
Q. And just so we -- just to satisfy your counsel's request, at page 219, line 14, from Friday's testimony, you decided to take your Bentley to a fast-food store, right? "
A. I decided to drive the car that was closest when I walked out the door. I was a little stiff."
A. Yes.
Q. "As I'm sure Kato will tell you. And I just took the nearest car when I walked out the front door." Okay. Let's get back to where we were. You went and got this phone from the kitchen so that you could go outside and find golf clubs, right?
A. Yeah. I -- I -- Yes, I did pick up the phone, either before I went in the garage, or I came out of the garage and grabbed it. I'm not really sure which one, but I did pick up the phone before I came out.
Q. You're not sure about which one, but one thing you will swear on your oath, you are sure of, sir, is, you went and you got that phone, didn't you?
A. I went outside, yes.
Q. Are you absolutely positive that you went in the house at some time -- at 10 o'clock at night and put a phone in your pocket?
A. Yes.
Q. Okay. And you remember that, don't you?
A. Yes.
Q. So then you go outside and you tried to call Paula, right?
A. Yes.
Q. Well, let me ask you something: How many phones do you have in your house, sir?
A. A lot.
Q. You have a phone in your kitchen?
A. Yes.
Q. You have a phone in the kitchen, where the cell phone was?
A. Near it, yes.
Q. You could have used that phone, couldn't you? You could have gone into the house, say, you know, what -- instead of getting my cell phone and walking outside and making a call, why don't I just use this phone? You could have done that, couldn't you?
A. I could have.
Q. And you didn't, did you?
A. I often don't.
Q. Who's talking about often? I'm talking about this night. You didn't do it this night?
A. That's correct.
Q. (BY MR. PETROCELLI) And you decided to use -- pay more money on your cell phone instead of using a phone to make a local call?
A. Do it all the time.
Q. Accept you do it all the time. But you didn't do it all the time that day, did you?
A. No.
Q. The only time you did it that day, right?
A. Yes.
Q. Now, when you went outside, you made this -- supposedly made this call from your driveway. You also say that you -- well, why don't you tell us what you did? Go ahead, tell us -- tell us what you did when you left the garage.
A. I grabbed a 3 wood.
THE COURT: Let's take the noon recess ladies and gentlemen. Don't form or express any opinion.
(Recess)
(At 12 P.M. a recess was taken Until 1:30 P.M. of the same day.) SANTA MONICA, CALIFORNIA; TUESDAY, FEBRUARY 3, 1997 1:30 PM
DEPARTMENT NO. WEQ HON. HIROSHI FUJISAKI, JUDGE APPEARANCES:
(PER COVER PAGE)
(REGINA D. CHAVEZ, OFFICIAL REPORTER)
THE COURT: You may resume.
THE REPORTER:
(Reading:)
Q. Give us as much detail as you can.
A. As I can. And this is as much detail as I can recall. I grabbed a 3 wood, and I looked at the face of it and I swung it a bit. And I went to the trunk of my Bentley, where I had another set of clubs 'cause the purpose of going into the garage was to get a sand wedge, which is a special league club, and I was playing with a new set of golf clubs that I had just got from the Calloway people the previous week. I was on the road and I didn't like the sand wedge that came to it, so I was looking for my old sand wedge that I normally use. And I went into my trunk of my Bentley, where I had a set of clubs. And I also needed some balls that I play with, a ball called a Maxflite 100HT. Unless you play golf, you don't understand how important that is to a golfer, the type of ball that they play with. Since I had, I believe, a sleeve of this ball, and I normally play two sleeves a round of golf. I looked in my trunk, where I had a bunch of balls, and I tried to find nonscuff balls, and I got about four, five nonscuff balls and put them aside. I got a windbreaker and put it aside, and whatever was in my trunk, and I dropped it on the ground and I took about three or four scuff
(sic) balls, dropped them on the grass that was right behind my Bentley, and I took a pitching wedge 'cause I couldn't find any sand wedges at this time. I believe it was right before or directly right after I put a call in to Paula because if she was around, she could have driven me to the airport. And in any event, I chipped those balls. I sculled one; it hit my playground equipment, and it -- because it was dark there -- it bounced and I was cringing, because I just got all the dents out of my Bentley, and I thought the ball may have hit my Bentley. Then I hit -- I mean, I hit a ball over into my neighbor's yard, put that club and that pitching wedge back into the trunk of my car, and I walked out of the Rockingham gate and looked into the back of my Bronco to see if there was any clubs in there. My dog had come out. And in that time, as I said, I put that call in to Paula, my dog went across the street into Mr. Sheinbaum's yard and did her business in the -- in the -- what she normally does in the grass, but not gras -- I can't even think of the name of it now -- then we walked around 'cause the gate had closed and I didn't have any key, and came back in on the other side of Ashford. I came to -- I -- I can't recall if I went in to the front door then or the garage, but I put the club away, and I either turned off the lights downstairs -- if I had already turned out the lights. I may have turned them off before I went in. But I turned off the lights downstairs, except for my lamps that I normally keep on, and I went upstairs.
Q. Now, Mr. Simpson, if I asked you to repeat that, you could do it word for word, couldn't you?
A. I -- I may be able to come relatively close to that.
Q. You memorized this story, haven't you?
A. I recall, to the best of my ability, what I said.
Q. You memorized it, have you not? You've sat -- You've sat down, rehearsed it and memorized it?
A. I don't think I've ever rehearsed it. I told the story before --
Q. (BY MR. PETROCELLI) You would agree that you have quite an extraordinary recall of the events that you just related to the jury, correct?
A. I wouldn't characterize it as extraordinary, no.
Q. Pretty detailed, right?
A. That as best as I can recall, I told the jury.
Q. And you didn't tell the police any of those details, did you, sir?
A. I told the police -- I answered every question the police asked me.
Q. Did you tell the police about chipping golf balls?
A. I don't believe the police asked me --
Q. (BY MR. PETROCELLI) I didn't ask you if they --
A. -- about what happened after I came back from --
Q. Excuse me, Mr. Simpson. I only asked you if you ever told the police, for any reason, whether you chipped golf balls that night. Yes or no?
Q. (BY MR. PETROCELLI) Please --
A. No.
Q. (BY MR. PETROCELLI) I want the question back. I'm going to ask it again, so we don't have an objection.
JUROR: That will suffice.
THE COURT: That completes the request of the jury's request for rereading of the direct examination testimony of O.J. Simpson regarding his activities between 9:45 and 11; is that correct?
JUROR: I believe so, Your Honor.
THE COURT: All right. Then the reporter will read next is 11 slash 26 J Kelly direct of O.J. Simpson re January 1 incident. ORENTHAL JAMES SIMPSON, called as a witness by the People, was sworn and testified as follows: FURTHER DIRECT EXAMINATION BY MR. KELLY:
Q. Mr. Simpson, on January 1, 1989, after you had removed Nicole from your bedroom the second time, she went downstairs before you, did she not?
A. Yes.
Q. And after she had been downstairs, she went out the back door prior to you going up there, did she not?
A. The back door was open; yes.
Q. She went up before you?
A. Yes.
Q. And she also went into Michelle's bedroom before you, did she not? She went out before you got up?
A. That's correct.
Q. After she had been in Michelle's bedroom, she left there before you, also, did she not?
A. That's correct.
Q. And after she left Michelle's bedroom the second time, she remained hiding out in the bushes till the police arrived, also, did she not?
A. I'm not aware that -- she left Michelle's bedroom on two occasions, and the one occasion she went out. I don't know where she went.
Q. Well, she was outside when the police arrived, was she not?
A. That's what I'm told.
Q. Now, isn't it a fact, Mr. Simpson, that when you walked into Michelle's room and she was on the phone, you hit her at that time?
A. No, that's not.
MR. KELLY: Steve, can you play Exhibit 1, please.
MR. BAKER: Your Honor, I object to playing the tape.
MR. KELLY: I'm not playing the whole thing, just ten seconds.
MR. BAKER: I don't care.
THE COURT: Overruled.
(Plaintiffs' Exhibit 1, 911 tape, is played.)
Q. (BY MR. KELLY) Can you stop. Do you hear those screams, Mr. Simpson?
A. Yes.
Q. Is that Nicole?
A. I would assume so.
Q. Okay. And if an experienced 911 operator testified that she could hear someone being hit on the other end of the line --
MR. BAKER: I object. This is improper.
Q. -- would she be mistaken, Mr. Simpson?
THE COURT: Sustained.
Q. (BY MR. KELLY) Now, when the police arrived, you didn't think they had a reason to be there because you saw it as a family matter; is that correct?
A. I don't know if I had at the time, but when the police arrived they got started in an argument with me.
Q. What I'm asking you, you basically saw that as a family matter at that time, did you not?
A. Yes.
Q. Okay. And you saw it a as a family matter because you basically just restrained Nicole and wrestled with her a little bit, correct?
A. I don't think that was my testimony.
Q. Well, I'm asking you now, is that --
A. No.
Q. Is that how you view a family matter?
A. I said I was very, very physical in getting her out of the bedroom. And I got her out of the bedroom, but it was very physical.
Q. Once again, my question to you is: When the police arrived, you saw it as a family matter?
A. Yes.
Q. Okay. Now, it's also your testimony that you left in your Rolls with the police there because your daughter Arnelle, and Michelle, your housekeeper, didn't want you in an argument with the police officers; is that correct?
A. That was part of it, yes. I made comments of that.
Q. And at the time you left, the police weren't even on your property, were they?
A. You know, I couldn't see them. They were on Ashford, so I didn't see where they were. But I knew they were parked over on Ashford.
Q. But you never saw them on your property, did you?
A. I believe that Officer Edward, at one point, walked onto my property. But when I left, they were outside the wall, I presume. I didn't know they were -- you know, I had assumed they were still outside the wall over there.
Q. They were outside the gate, also?
A. That's correct.
Q. And that's a big, six-foot iron gate?
A. I don't believe so. Oh, you mean the wrought iron gate at the gate? Then I had a wall. You couldn't see them through the gate, where they were parked. They were behind the wall.
Q. In any event, you could have walked outside your house at this time, could you not, Mr. Simpson?
A. Yes.
Q. But instead, you got in your Rolls and left. And in your mind, I believe you indicated you felt you were free to leave then; is that correct?
A. Yes.
MR. BAKER: Asked and answered, Your Honor.
THE COURT: Overruled.
Q. (BY MR. KELLY) And the police never told you, as you testified, that they were going to place you under arrest at the time for spousal battery, correct?
A. Absolutely not.
Q. Okay. And after you left there, you drove over to your friend, Alan Schwartz's house, did you not?
A. Yes.
Q. How far is that from your house, Mr. Simpson?
A. A mile.
Q. Did you park on the street when you got there?
A. Yes.
Q. You didn't park in the driveway?
A. Maybe the driveway. I don't know. There was a parking area that's right next to his garage, so I may have pulled into that area.
Q. In fact, you did park there in that area, didn't you, Mr. Simpson?
A. I may have. I'm not certain. It's normally where I would park when I go to his house.
Q. You didn't have a flat tire when you got there, did you?
A. No.
Q. You didn't run out of gas?
A. No.
Q. Okay. Now, by the way, what year was this Rolls Royce?
A. I don't know.
Q. Was it a vintage car, an older car?
A. No.
Q. Okay. And do you recall what the license plates were?
A. No.
Q. Okay. Did you have your "juice" plates on it at that time?
A. No.
Q. Now, there came a time when a little later, after you had gone to Alan Schwartz's house, that you went back to Rockingham, right?
A. Yes.
Q. And you drove Alan Schwartz's car back there, did you not?
A. Yes.
Q. When you drove Alan Schwartz's car back there, other than your Rolls Royce, you didn't pull into your driveway, did you?
A. No.
Q. And you didn't park in front of the Rockingham gates, did you?
A. No.
Q. And you didn't park in front of the Ashford gate, did you?
A. No.
Q. In fact, you parked up the street on Ashford, on the opposite side facing west, did you not?
A. No.
Q. Where did you park?
A. On Bristol.
Q. Parked on Bristol, actually, around the corner from Ashford?
A. Yes, at the house, on the other side --
Q. Okay.
A. -- of my house.
Q. And after you parked your car on Bristol, you then climbed over a fence on the abutting property and then walked into your backyard, did you not?
A. No.
Q. Never climbed over a fence?
A. No.
Q. Okay. And after you had gone through the Von Watts backyard -- that's what you did, isn't it?
A. Tennis courts.
Q. And you went through your backyard, you went into your house again, did you not?
A. Yes.
Q. And you started up with Nicole a second time that night, didn't you, Mr. Simpson?
A. No.
Q. You were having a fight with her again, weren't you, Mr. Simpson?
A. No.
Q. And in fact, Michelle, your housekeeper, called your dear friend, Al Cowlings, to come over at this time, did she not?
A. I have no idea.
(Juror raises hand)
THE COURT: Okay. Jury has heard what they wanted to here of plaintiff Kelly examination of O.J. Simpson; is that correct?
JURORS:
(Nod.)
THE COURT: Then go to 12 slash 3, December 3 Al Cowlings' direct testimony re January 1 incident from arrival at Rockingham to the end.
(Reading continues) AL COWLINGS, called as a witness by the Plaintiff, was sworn and testified as follows:
DIRECT EXAMINATION
Q. Now, can you tell me what you did upon your arrival at Rockingham that -- By the way, was it still dark out when you headed over to Rockingham?
A. Yes.
Q. Okay. And could you tell us what you did when you arrived at Rockingham?
A. Walked in. I don't know if I used the key or the gate was open. Came into the house, and Nicole was in the kitchen.
Q. Was there anybody with Nicole at this time in the kitchen, when you saw her?
A. No.
Q. And was she standing or sitting?
A. She was standing.
Q. And could you tell me what she was wearing at this time when you observed her?
A. I think she had on a -- a -- warm-up bottoms and a leather jacket, looked like an officer's leather jacket.
Q. Do you recall what color that jacket was?
A. Could have been brown; it could have been black. It was dark; it was a dark color.
Q. And what was Nicole's state at this time? What was her demeanor when you arrived there?
A. Upset, pissed.
Q. Okay. Had she been crying?
A. I don't know.
THE WITNESS: I'm sorry.
Q. (BY MR. KELLY) Can you tell whether she had been crying or not?
A. No, I couldn't say.
Q. And could you describe her physical appearance from what you could observe in terms of her face, hair, things like that?
A. What do you mean by that?
Q. Well, first of all, did you see her face?
A. Yes.
Q. And can you describe it as you saw it that morning, when you first arrived there?
A. Upset, looked like she was pissed, face was red.
Q. Did you make any other observations about her face, other than the fact it was red?
A. No.
Q. Okay. Did you see any lumps on her forehead at that time?
A. No.
Q. Did you see any lump on her cheek at that time?
A. No.
Q. Did she have a lump?
A. Not that I noticed.
Q. Okay. Did you notice any lump on her cheek?
A. No.
Q. Did you notice any scratches on her?
A. No.
Q. Did you notice a split lip?
A. No.
Q. Did you notice any hand imprint on her neck?
A. No.
Q. Now, was it that you -- are you able to say that she did not have these different marks on her at this time, Mr. Cowlings?
A. I didn't notice any of those marks. I wasn't looking for any marks. My concern was that she was upset and pissed off, and I was there to assist her if she needed help.
Q. (BY MR. KELLY) Was she still upset at that time when you were -- when you arrived there at the house?
A. Yes.
Q. Okay. And was it your understanding that she was still upset as to something that had occurred just prior that you remember, that you were called over there for?
THE WITNESS: May I have the question again, sir?
Q. (BY MR. KELLY) Was it your impression that she was still upset about something that had occurred earlier there that you had come over there for, Mr. Cowlings?
A. Yes.
Q. (BY MR. KELLY) After you were in the kitchen, what, if anything, did you observe next?
A. That she was upset, she was angry. She didn't talk that much. She was just kind of like pouting, with herself, and that was about it.
Q. Okay. And did you see anybody else there in the kitchen at any time, other than Nicole?
A. I heard some noise coming from the dining room. And as I looked towards that opening of the door, I saw O.J. step in, into the area where Nicole and I were.
Q. Was that the first time you had seen him since you arrived there at Rockingham?
A. Yes.
Q. Now, what, if anything, happened then, when he came into the kitchen doorway?
A. He said that he wanted --
THE WITNESS: The question again?
Q. I'm sorry. What, if anything, did Mr. Simpson say and/or do after you observed him in the kitchen doorway?
A. He wanted to talk to Nicole.
Q. And did he talk to her?
A. She didn't want to hear from him.
Q. She didn't converse with him at that time?
A. No; she didn't want to talk to him.
Q. And what, if anything else, did she do other than indicate she didn't want to talk to him at this point in time? Did you see her take any actions, also?
A. She picked up the phone.
Q. Did you see her dial a number?
A. No. She told me if he didn't leave, that she was going --
Q. (BY MR. KELLY) I'm sorry?
A. That she was going to call the police.
Q. And what, if anything, did Simpson do after Nicole stated that?
A. He left.
Q. Do you recall seeing how Mr. Simpson left, first of all, the room?
A. Not really. I mean, he went back to -- back through the dining room.
Q. And do you know whether he left over the front or rear of the house at this time.
A. I couldn't tell you for sure.
Q. (BY MR. KELLY) Can you tell me which -- which part of the house he headed to after he left the kitchen?
A. He walked back into the dining room there, which was --
Q. Is that towards the rear of the house?
A. Yes.
Q. Okay. And what, if anything, did you do after Mr. Simpson went back to the rear part of the house?
A. I asked her whether she going to be okay. She said, AC, I just want to be alone. And then I left.
Q. Went home?
A. Yes.
Q. Went to bed?
A. I don't know if I went back to bed, but I went home.
Q. Okay. Did there come a time that you received another phone call?
A. Yes, I did.
Q. Okay. Was it early that same morning, still?
A. Yes, it was.
Q. And who was that call from?
A. I don't know if was O.J. or if it was Alan Schwartz, but I was called from -- someone from the house, from Alan's house.
Q. And did they ask anything of you at that time? What was said to you over the phone?
A. Without -- that I was asked to come over.
Q. And do you recall whether or not if it was Mr. Simpson that called you?
A. I don't remember.
Q. And what did you do after you were asked to come over Schwartz's house?
A. Got up and drove over to Alan's house.
Q. Okay. And how long a time period lapsed from the time you received that second phone call and you got over to Alan Schwartz's house?
A. Minutes.
Q. Okay. By the way, who was Alan Schwartz?
A. Who is he?
Q. Yeah. I mean, he's a friend of yours?
A. Yes.
Q. Okay. Friend of Mr. Simpson's, also?
A. Yes.
Q. And he lived in -- close by to the Rockingham residence, also?
A. He lived on Mandeville Canyon.
Q. When you arrived at Schwartz's house -- first of all, did you see Mr. Simpson's car there, when you arrived at Schwartz's house?
A. I don't remember seeing O.J.'s car, no.
Q. Okay. Did you later learn it was in Mr. Schwartz's garage?
A. Later on, I was told that it was in the garage.
Q. Okay. What, if anything, did you observe when you arrived at Schwartz's house and went inside?
A. Alan talking to me.
Q. I'm sorry?
A. Alan talking to me.
Q. Okay. And you had a conversation with Schwartz?
A. Mostly Alan was talking. I was just listening, 'cause nothing made sense, 'cause I didn't know at that time what had happened.
Q. And did you then see Mr. Simpson there, also?
A. Yes, I did see him.
Q. Okay. And first of all, can you describe Mr. Simpson as he appeared to you when you saw him at that time?
A. Upset, bothered.
Q. And how was he dressed, or what was his appearance at the time when you saw him?
A. He was sitting down when I first saw him. He had a blanket over his shoulders. He was cold, he said.
Q. And did you have a conversation with him at that time?
A. Yes.
Q. Okay. And can you tell me what the substance of that conversation was?
A. To the extent what had happened, and he talked -- and I never really got a detailed -- exactly what happened.
Q. Well, did he -- did he ask you to do something, also, in the course of that conversation?
A. Not right at that time.
Q. (BY MR. KELLY) When you had a conversation -- first of all, you indicated you had a conversation with Mr. Schwartz when you arrived there, correct?
A. Right.
Q. Okay. And was that in the den of their house there, or what room was it in?
A. That was in the family room.
Q. Okay. And Mr. Simpson was present there, also?
A. No.
Q. Okay. Did you later go to where Mr. Simpson was seated?
A. Yes.
Q. What room was that?
A. That was in the den.
Q. Okay. Was Mr. Schwartz in there with you, also?
A. I'm not sure. He could have been.
Q. Okay. Well, did you ever have a discussion -- further discussion with Mr. Schwartz as to something he wanted you to do or retrieve?
A. Yes, I did.
Q. What was that, with Mr. Schwartz or Mr. Simpson?
A. I think it was with Alan first.
Q. Okay. First of all, what did Alan -- that's Alan Schwartz?
A. Alan Schwartz, yes.
Q. (BY MR. KELLY) Was Mr. Simpson present there when you had this discussion with Alan Schwartz?
A. I don't remember.
Q. What was the discussion you had with Mr. Simpson?
THE WITNESS: Could I have the question again.
Q. (BY MR. KELLY) Well, you indicated you went into the room with Mr. -- where Mr. Simpson was seated with the blanket around him, correct?
A. Yes.
Q. There was a reason Mr. Simpson had called you to Mr. Schwartz's house also, was there not, Mr. Cowlings?
A. Yes, there was a reason.
Q. (BY MR. KELLY) Okay. And you had a conversation with Mr. Simpson regarding something he wanted you to do, correct?
A. Yes.
Q. Okay. And can you relate that conversation to the jury, Mr. Cowlings.
A. He wanted to know how Nicole was doing. He wanted me to retrieve some stuff that he had taken with him.
Q. What stuff, first of all, that he had taken from Rockingham?
A. Well, the first thing that was brought to my attention through both parties that was there -- that there was a set of car keys that were lost.
Q. And whose car keys were those?
A. Those car keys were Alan Schwartz's.
Q. Okay. And were you told, first of all, where those car keys were lost?
A. It had to be somewhere between the time that he went back to the house.
Q. What I'm asking, "he" meaning Mr. Simpson?
A. Yes, O.J.
Q. Did Mr. Simpson indicate to you, first of all, where he had lost Schwartz's car keys?
A. It had to be between where he got out of Alan's car to come back into the house.
Q. Okay. And did he give you some sort of description of the route he had taken to look for those keys?
A. Yes.
Q. And what did he tell you?
A. The car was parked on Bristol, a block east of O.J.'s house, like around the corner. His travels took him through his neighbor's yard, across the tennis court, through a gate, across his tennis court, into his house.
Q. Did he tell you how he had gotten from the street -- First of all, when you say the neighbor's yard, that's the Von Watts?
A. Yes, Eric Von Watts.
Q. Did he tell you how he got into Von Watts's yard?
A. I don't remember.
Q. Mr. Cowlings, you testified on a prior occasion about these specific matters?
A. In a case.
Q. On this case, this incident I'm asking about right now. You've testified on a prior occasion regarding it, have you not?
A. You're talking about the deposition?
Q. Yeah.
A. Yes, I did.
Q. And you were under oath at that time?
A. Yes.
Q. And I asked you -- I asked you questions and you gave me answers?
A. Yes.
Q. And did you remember more about this incident than you do now, Mr. Cowlings?
A. Somewhat.
Q. Do you recall stating, first of all, that Mr. Simpson told you that you -- he had jumped over a fence on Ashford to get into the Von Watts' property and into the backyard?
A. I may have said that.
Q. Would it refresh your recollection to see your prior testimony, Mr. Cowlings?
A. Probably.
MR. KELLY: If I can have a moment, please, Judge.
(Pause.)
MR. KELLY: 363, 364 -- actually, strike that. 357, lines 12 to 21.
THE COURT: I got "actually, strike that," and nothing else is showing on the . . .
THE REPORTER: I'll have to check it at a break, Judge.
(Referring to computer screen.)
Q. (BY MR. KELLY) Do you see the monitor there, Mr. Cowlings?
A. Yes.
Q. The first question I asked.
(READING:) All right okay go on, I'm sorry to interrupt you. This is talking about what he told you at Von Watts, and your answer is, "So, I said, well, where did you hide it. He says, well, I know I went over -- no, no, I take that back, I take that back. Besides the jewelry bag, he had lost his keys, his car keys, so I said, well, let's back track and how did you leave, so he -- meaning Simpson, had went over the Von Watts's wall. And at that time I don't think they had the tennis court then, so I back tracked, I'm climbing over fences." Does that refresh your recollection, Mr. Cowlings?
A. Yes.
Q. Do you recall now that Mr. Simpson told you he had gone over the -- the fence between Ashford and the Von Watts' property?
A. When I said over, I probably meant he went over there, on over the property, not saying that he went over the fence.
MR. KELLY: Steve, can you put on page 360, please. 360, lines 10 to 20.
(Transcript displayed on Elmo.)
Q. (BY MR. KELLY) Starting at line 10.
(Reading.) "
Q. Okay. What specific directions did Simpson give you in terms of finding those keys? "
A. It was over a fence. "

Q. What fence? "The Von Watts. "
Q. What type of fence was that? "
A. Chain link fence -- it could have been a wooden fence. "Did he indicate to you that he had climbed over that chain link fence? "
A. Yes." Do you remember being asked those questions and giving those answers?
A. Yes.
MR. KELLY: 363, 364, Steve. Line 21 to 25.
(Transcript displayed on Elmo.)
THE COURT: Okay that's it. Okay. That concludes the requested rereading jurors.
JUROR: That's fine.
THE COURT: All right you may resume your deliberations. Take your break when you're ready.
(Jurors resume deliberations at 2:20 p.m.)
(Recess at 3:15 pm)
(Jurors resume deliberations at 3:31 pm)
(3:45 pm jurors buzz with a verdict)
(At 7:10 pm jurors resume their respective seats.)
THE COURT: At this time it is 12 minutes after 7. The Court was informed that a verdict had been reached about 3 -- was it 3:20?
THE CLERK: 3:45.
THE COURT: 3:45 this afternoon. I apologize to the jury for holding you so long. The attorneys and parties were making every effort to get here as soon as possible and they had just now all arrived. Who is the foreperson of the jury?
(Juror No. 227 raises hand)
JUROR: I am.
THE COURT: That's juror number 227. Per the instructions of the bailiff, did you seal the verdict form, give it to the bailiff at the time that the jury rendered a verdict?
JUROR: Yes, I did.
THE COURT: And -- okay. Bailiff, would you give the verdict form to the foreperson.
(Bailiff complies.)
THE COURT: Mr. Foreperson, would you open the verdict form and examine it to make sure that that is the jury's verdict form.
(Foreman complies. Reviews verdict form.)
JUROR: Yes, Your Honor.
THE COURT: Would you place it back in the envelope and give it to the bailiff, please
(Bailiff hands verdict to the Court)
THE COURT: Clerk will read the verdict.
THE COURT: Superior Court of the State of California for the County of Los Angeles; Sharon Rufo, plaintiff versus Orenthal James Simpson et all, defendants. Frederic Goldman et cetera et al plaintiffs versus Orenthal James Simpson et al, defendants. Louis H Brown et cetera plaintiff versus Orenthal James Simpson, defendant. Case number SC031947 consolidated with case number SC036340 and case number SC036876 special verdict. Special verdict. We, the jury of the above entitled action find the following special verdict on the questions submitted to us: Question number one, do you find by a preponderance of the evidence that defendant Simpson willfully and wrongfully caused the death of Ronald Goldman, write the answer yes or no below. Answer: Yes.
(Members of the audience shouts)
THE COURT: Excuse me. Hold it. If there's any display, I am going to clear the courtroom. Everybody understand that?
THE CLERK: If your answer to question number one is no, do not answer questions number 2, 3 and 4 and instead proceed to question number 5. If your answer to question number one is yes, proceed to question number 2. Question number 2, do you find by a preponderance of the evidence that defendant Simpson committed battery against Ronald Goldman, write the answer yes or no below. Answer: Yes. If your answer to question number 2 is yes, proceed to question No. 3. If your answer to question number 2 is no, do not answer question numbers 3 and 4 and instead proceed to question number 5. Question No. 3: Do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Ronald Goldman, write the answer yes or no below. Answer: Yes. If you answered yes to question number 2, proceed to question number 4. Question number 4, do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Ronald Goldman? Write the answer yes or no below. Answer: Yes. Proceed to question number 5. Question number 5, do you find by a preponderance of the evidence that defendant Simpson committed battery against Nicole Brown Simpson, write the answer yes or no below. Answer: Yes. If your answer to question number 5 is yes, proceed to question number 6. If your answers to question numbers 1 and 5 are no, proceed to date, sign and return the verdict form. Question number 6, do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson, write the answer yes or no below. Answer: Yes. If you answered yes to question number 5, proceed to question number 7. Question number 7. Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson, write the answer yes or no below. Answer: Yes. If you answered yes to question number one, answer question number 8. Question number 8, we award damages against the defendant Simpson and in favor of plaintiffs Goldman and Rufo in the aggregate as follows. Answer: $8.5 million. Date, sign and return the verdict form dated February 4, 1997 -- Foreperson has signed it using his name.
THE COURT: Okay. Would you -- the Court is going to order that the name be stricken and in place of the name, the number be placed and would you place your number on there and in place of your name.
JUROR:
(Nods)
THE COURT: Can you also give him a black marker, pen to strike out his name.
(Clerk hands bailiff pen.)
(Bailiff hands marker and verdict form to foreman)
(Foreman complies, signs verdict form)
(Bailiff hands verdict form to the clerk)
THE CLERK: Number 22 -- 227. Ladies and gentlemen of the jury, as a jury, is this your verdict?
JUROR: Yes, it is.
THE COURT: Okay.
MR. BAKER: Poll the jury.
THE COURT: Do you wish to poll the jury, please.
THE CLERK: I'm going to ask --
THE COURT: Ladies and gentlemen, we are going to poll you. The clerk will instruct you how to answer.
THE CLERK: I'm going to ask each of you individually as to each question whether this is your personal verdict. If you agreed with the answer to the question, answer yes. If you disagreed with it, answer no. Question number one. Do you find by a preponderance of the evidence that defendant Simpson willfully and wrongfully caused the death of Ronald Goldman? Answer is yes. Is this also your verdict, juror 199?
JUROR: Yes
THE CLERK: Juror 341? Is this your verdict?
JUROR: Yes.
THE CLERK: Juror 186?
JUROR: Yes.
THE CLERK: Juror 294?
JUROR: Yes.
THE CLERK: Juror 266?
JUROR: Yes.
THE CLERK: Juror 257?
JUROR: Yes.
THE CLERK: Juror 369?
JUROR: Yes.
THE CLERK: Juror 290?
JUROR: Yes.
THE CLERK: Juror 326?
JUROR: Yes.
THE CLERK: Juror 400?
JUROR: Yes.
THE CLERK: Juror 88?
JUROR: Yes.
THE CLERK: Juror 227?
JUROR: Yes.
THE CLERK: 12 to zero. As to question number 2. Do you find by preponderance of the evidence that defendant Simpson committed battery against Ronald Goldman? Answer: Yes. Is this your verdict, juror number 199?
JUROR: Yes.
THE CLERK: Juror 341?
JUROR: Yes.
THE CLERK: Juror 186?
JUROR: Yes.
THE CLERK: Juror 294?
JUROR: Yes.
THE CLERK: Juror 266?
JUROR: Yes.
THE CLERK: Juror 257?
JUROR: Yes.
THE CLERK: Juror 369?
JUROR: Yes.
THE CLERK: Juror 290?
JUROR: Yes.
THE CLERK: Juror 326?
JUROR: Yes.
THE CLERK: Juror 400?
JUROR: Yes.
THE CLERK: Juror 88?
JUROR: Yes.
THE CLERK: And juror 227?
JUROR: Yes.
THE CLERK: 12 to zero. As to question No. 3, do you find by clear and convincing evidence that the defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Ronald Goldman? Answer is yes. Is this your verdict juror number 199?
JUROR: Yes.
THE CLERK: No. 341?
JUROR: Yes.
THE CLERK: Number 186?
JUROR: Yes.
THE CLERK: Number 294?
JUROR: Yes.
THE CLERK: Number 266?
JUROR: Yes.
THE CLERK: Number 257?
JUROR: Yes.
THE CLERK: No. 369?
JUROR: Yes.
THE CLERK: Number 290?
JUROR: Yes.
THE CLERK: No. 326?
JUROR: Yes.
THE CLERK: Number 400?
JUROR: Yes.
THE CLERK: Number 88?
JUROR: Yes.
THE CLERK: Number 227?
JUROR: Yes.
THE CLERK: 12 to zero. Question number 4: Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Ronald Goldman? Answer is yes. Is this your verdict juror number 199?
JUROR: Yes.
THE CLERK: 341?
JUROR: Yes.
THE CLERK: 186?
JUROR: Yes.
THE CLERK: 294?
JUROR: Yes.
THE CLERK: 266?
JUROR: Yes.
THE CLERK: 257?
JUROR: Yes.
THE CLERK: 369?
JUROR: Yes.
THE CLERK: 290?
JUROR: Yes.
THE CLERK: 326?
JUROR: Yes.
THE CLERK: 400?
JUROR: Yes.
THE CLERK: 88?
JUROR: Yes.
THE CLERK: 227?
JUROR: Yes.
THE CLERK: 12 to zero. Question number 5. Do you find by a preponderance of the evidence that the defendant Simpson committed battery against Nicole Brown Simpson? Answer is yes. Is this your verdict, juror number 199?
JUROR: Yeah.
THE CLERK: No. 341?
JUROR: Yes.
THE CLERK: Number 186?
JUROR: Yes.
THE CLERK: Number 294?
JUROR: Yes.
THE CLERK: Number 266?
JUROR: Yes.
THE CLERK: Number 257?
JUROR: Yes.
THE CLERK: No. 369?
JUROR: Yes.
THE CLERK: Number 290?
JUROR: Yes.
THE CLERK: No. 326?
JUROR: Yes.
THE CLERK: Number 400?
JUROR: Yes.
THE CLERK: Number 88?
JUROR: Yes.
THE CLERK: Number 227?
JUROR: Yes.
THE CLERK: 12 to zero. Question number 6, do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson? Answer yes. Is this your verdict, juror number 199?
JUROR: Yes.
THE CLERK: 341?
JUROR: Yes.
THE CLERK: 186?
JUROR: Yes.
THE CLERK: 294?
JUROR: Yes.
THE CLERK: 266?
JUROR: Yes.
THE CLERK: 257?
JUROR: Yes.
THE CLERK: 369?
JUROR: Yes.
THE CLERK: 290?
JUROR: Yes.
THE CLERK: 326?
JUROR: Yes.
THE CLERK: 400?
JUROR: Yes.
THE CLERK: 88?
JUROR: Yes.
THE CLERK: 227?
JUROR: Yes.
THE CLERK: 12 to zero. Question number 7, do you find by clear and convincing evidence the defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson? Answer yes. Is this your verdict, juror number 199?
JUROR: Yes.
THE CLERK: 341?
JUROR: Yes.
THE CLERK: 186?
JUROR: Yes.
THE CLERK: 294?
JUROR: Yes.
THE CLERK: 266?
JUROR: Yes.
THE CLERK: 257?
JUROR: Yes.
THE CLERK: 369?
JUROR: Yes.
THE CLERK: 290?
JUROR: Yes.
THE CLERK: 326?
JUROR: Yes.
THE CLERK: 400?
JUROR: Yes.
THE CLERK: 88?
JUROR: Yes.
THE CLERK: 227?
JUROR: Yes.
THE CLERK: 12 to zero. Question number 8: We award damages against defendant Simpson and in favor of plaintiff's Goldman and Rufo in the aggregate as follows: Answer: $8.5 million. Is this your verdict juror number 199?
JUROR: Yes.
THE CLERK: No. 341?
JUROR: Yes.
THE CLERK: Number 186?
JUROR: Yes.
THE CLERK: Number 294?
JUROR: Yes.
THE CLERK: Number 266?
JUROR: Yes.
THE CLERK: Number 257?
JUROR: Yes.
THE CLERK: No. 369?
JUROR: Yes.
THE CLERK: Number 290?
JUROR: Yes.
THE CLERK: No. 326?
JUROR: Yes.
THE CLERK: Number 400?
JUROR: Yes.
THE CLERK: Number 88?
JUROR: Yes.
THE CLERK: Number 227?
JUROR: Yes.
THE CLERK: 12 to zero.
THE COURT: Court orders the verdict as read to be entered. Have counsel agreed as to when they wish to commence the second portion of this?
MR. PETROCELLI: Friday.
MR. BAKER: Monday, Your Honor.
MR. PETROCELLI: Monday, fine. We prefer Friday.
MR. BAKER: We're going to have to have a hearing before.
THE COURT: Jurors would you step into the jury room a minute.
THE COURT REPORTER: The alternates also?
THE COURT: Yeah, the alternates also, please. Do not discuss anything about the proceedings.
(All jurors and jury alternates exit to jury room.)
MR. PETROCELLI: Your Honor, we have basically two witnesses who are out of town. One coming in tonight, the other one will be in tomorrow. We'll be ready to go on Friday.
THE COURT: Well, today is Tuesday. Tomorrow is Wednesday.
MR. PETROCELLI: Thursday. Excuse me, we can start on Thursday.
MR. BAKER: Your Honor, we have to have a hearing for those -- either of those two witnesses that testify.
THE COURT: You can have a hearing tomorrow.
MR. BAKER: We can't have it tomorrow, I'm not ready to proceed tomorrow. I'll be ready to proceed on Monday.
THE COURT: What kind of hearing do we need?
MR. BAKER: The hearing is to determine whether or not they can testify to what they're saying they can testify to; that our view of the law is that these are -- these witnesses are basically the Deitz and Dunn
(phonetic) of punitive damages; that these witnesses are not qualified to testify to what they're attempting to testify that the name and likeness of O.J. Simpson has extreme value and that that value can be figured for an award for punitive damages. And we don't believe that his future earnings goes to the issue of punitive damages because what you're -- what you have to look at is his net worth at time of the trial; namely now, not 25, 30 years hence.
THE COURT: Why does that issue require a delay in the trial?
MR. BAKER: Well, I'll file appropriate papers to do that.
THE COURT: Well, you had ample time to do that.
MR. BAKER: Well --
THE COURT: This matter's been to this jury for the longest time. Okay. We will commence Thursday and we will set the matter for a further hearing on any motions for tomorrow at 1:30.
MR. PETROCELLI: Thank you, Your Honor.
MR. KELLY: Thank you, Your Honor.
MR. BREWER: Thank you, Your Honor.
THE COURT: Okay. Wait a minute. The Court is going to excuse the jury. Would you bring the jury out and I will admonish the jury again.
(Jurors resume their respective seats.)
THE COURT: Okay ladies and gentlemen of the jury, as I informed you at the beginning of the trial, there was a possibility that there would be a second phase to this trial depending on the outcome of the first phase. Because of the outcome of the first phase, there will be a second phase to this trial. We will commence that phase Thursday morning at 8:30. It is very important, it is of utmost importance for you to continue to obey the Court's order and direction that you not permit yourself to be exposed to any information about this case through the media, television, radio, newspaper, or from friends or relatives or people who just call you up or try to address you on the street or whatever. This has been a very long trial, has required a lot of work by a lot of people, including you folks. And the additional portion of this trial, the Court does not anticipate to be very long. But it is very important that you maintain your integrity as jurors in terms of not permitting any outside influences to affect you in this case. Now, as you -- I don't have to tell you the inordinate interest that the media has in this case. And it is all the more reason why you have to exercise extreme vigilance for that purpose. Can I rely upon you to follow the Court's order?
JUROR: (Nod) yes. Yes, sir.
THE COURT: You will not be coming in tomorrow. So rest up, I'm sorry to have kept you so long without having dinner. We will resume again Thursday at 8:30 in the morning. Thank you very much. You are excused for the evening.
THE BAILIFF: Please leave your note books on your chairs.
(At 7:35 P.M. an adjournment was taken until Wednesday, February 5, 1997 at 1:30 P.M.)