It was made by Gary Randa, who is the son of Kathy Randa, Mr. Simpson's personal secretary/administrative assistant for 20-odd years, Your Honor. It was made in June, 1994, shortly after Mr. Simpson's arrest, depicting the south walkway, the fence, the bushes and conditions.
Wait. Wait a minute. I want to make a record.
This witness has never seen this tape, unless they played it to him. This witness has testified as to his percipient knowledge. They can not now put on a tape as affirmative evidence, without any foundation that it was played on June 28.
I'd like the rules of evidence in this courtroom to be equal to both sides. I'd like it to start now.
And I think this is ridiculous, that you can allow them to play a videotape without any -- without one bit of foundation, and put it on to a witness who says I didn't -- I didn't see this. This videotape was done on June 28, and for you to put this on -- on this witness without the witness's -- after they've rested their case is absolutely ridiculous.
You wouldn't even let me have a jury view. Now you're saying they can put on a tape when their case has rested, and a guy that says I didn't see it, I didn't even look.
I think it's ridiculous. I think there ought to be some -- some --
If you go back and look in the record, through his leading questions yesterday, he got this witness to say that he didn't see anything on a heavy wooded area down the south side, that he observed no evidence that anybody could -- could come over the fence, and that he looked all the way down as far as he can look. He went through this in some detail yesterday on his examination.
This is the area right where the glove was found.
Okay, Your Honor.
And we're going to ask him whether he saw or didn't see that opening in the fence. Mr. Baker elicited testimony suggesting that he saw the area and did not see any evidence, any opening, any holes in the foliage, and he opened this matter wide open. We're allowed to cross-examine this witness on this point.
He can't have it both ways.
And for the record, I want to object to these outrageous comments about the rules of evidence not applying evenhandedly. This is out of line.
I don't care what you like, I'll tell you that, number one.
Number two, this witness has just testified that he didn't look. Now they're going to say look at this after I've got change of circumstances. It is change of circumstances --
On June 12 -- these murders occurred on June 13. The morning of June 13 is when -- the evening of June 12, morning of June 13 is when somebody would have to have gone over that fence. This video was taken on 6/28/94. They opposed, and you upheld the fact that we can't have a jury view because of change of circumstances. They had detectives traipsing all through there between the 12th and the 28th.
And I object to it. I think there's no foundation for it.
You can stop a hummingbird's wings in flight --
It's a photo taken to accentuate exactly what he wants to show, and with a Nikkon, I can stop a hummingbird's wings flapping, I can't see them.
You can see the top -- top of the fence posts are bent down. I asked Mr. Simpson at his -- his examination. He denied all this. He specifically went in with this witness, he asked four, five, six questions, you can go back and ask, yesterday he led him to say there's no evidence that anybody could come over that fence. He said it was heavy, thick, wooden, he used all these words to suggest that -- that Mr. Vannatter was able to definitively demonstrate that there was no break.
This photograph was taken -- and it's even better on the video. This was taken when we viewed the property about, when was it, in September or August of this year.
But the video is like two weeks after the murders. It's even better than this.
You wouldn't even let me have a jury view. Now you're saying they can put on a tape when their case has rested, and a guy that says I didn't see it, I didn't even look.
He got this witness to say that he didn't see anything on a heavy wooded area down the south side, that he observed no evidence that anybody could come over the fence... He opened this matter wide open.
You can stop a hummingbird's wings in flight -- ... with a Nikkon, I can stop a hummingbird's wings flapping, I can't see them.
This is right where the glove was found, Your Honor.