Direct examination of Allen Cowlings

📄 Direct examination of Allen Cowlings — Tuesday, December 3, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\3\DIRECT-EXAMINATION-OF-ALLEN-CO.DOC

TRIAL

▲ Day 24 of 57

◀ Exhibit received and witness called Witness reserved: Allen Cowlings ▶

Witness: Allen Cowlings
Examiner: John Kelly
Called by: Plaintiff • Date: Tuesday, December 3, 1996 • Utterances: 783

AC Cowlings, OJ Simpson's lifelong best friend, testifies about the New Year's Day 1989 domestic violence incident at Rockingham. He describes being called to the house in the early morning hours and finding Nicole upset in the kitchen, then retrieving a mysterious bag from a neighbor's garbage can and lost car keys near the Von Watts fence at Simpson's direction. A major credibility battle emerges when Kelly confronts Cowlings with his deposition testimony, where Cowlings had described a second morning visit to Nicole in detail — including her injuries and her statement that Simpson hit her — which Cowlings now claims happened that evening, not the morning.

# 1 MR. KELLY:

Thank you.

Mr. Cowlings, please.

ALLEN COWLINGS, called as a witness on behalf of Plaintiffs, was duly sworn and testified as follows:

# 2 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 3 ALLEN COWLINGS:

I do.

# 4 THE CLERK:

You may be seated.

And, sir, would you please state and spell your name.

# 5 ALLEN COWLINGS:

Allen Cowlings, A-L-L-E-N C-O-W-L-I-N-G-S.

DIRECT EXAMINATION BY MR. KELLY:

# 6 Q:

Good afternoon, Mr. Cowlings.

# 7 A:

Good afternoon.

# 8 Q:

Okay. Your first name is Allen; is that correct?

# 9 A:

It's Allen.

# 10 Q:

And you also are commonly referred to as -- as AC; is that correct also?

# 11 A:

Yes, I am.

# 12 Q:

And, in fact, some people also refer to you as AC Cowlings on occasion, do they not?

# 13 A:

I have no knowledge of that.

# 14 Q:

You corrected me once?

# 15 A:

That's right.

# 16 Q:

Okay.

I'm the only one that made that mistake?

# 17 A:

No.

# 18 Q:

Okay.

Anyway, today, you and I have not discussed prior to you taking the stand, your testimony you're giving here today, have we?

# 19 A:

No.

# 20 Q:

Okay.

And I haven't told you any questions that I'm going to ask you and gone over answers you might give, either, have we not?

# 21 A:

No, you haven't.

# 22 Q:

Okay.

Now, as you sit here today, would it be fair to say that Mr. Simpson is your closest and dearest friend?

# 23 A:

Yes; he still is.

# 24 Q:

And he has been since childhood, has he not?

# 25 A:

Yes, he has.

# 26 Q:

Played high school, college, professional football together?

# 27 A:

Yes.

# 28 Q:

And you, in fact, stood up for him at his wedding when he married Nicole Brown --

# 29 A:

Yes.

# 30 Q:

-- did you not?

# 31 A:

Yes, I did.

# 32 Q:

And, in fact, you were over at his house the morning of June 13, 1994, when you found out that Nicole Brown Simpson had been killed, were you not?

# 33 A:

Yes, I have. [Sic]

# 34 Q:

Okay.

Now, with regard to Nicole, you knew her from almost the time Mr. Simpson started dating her, did you not?

# 35 A:

Yes.

# 36 Q:

And you -- would it be fair to say that you had a very strong relationship with her?

# 37 A:

Yes.

# 38 Q:

And she was like a sister to you?

# 39 A:

Yes.

# 40 Q:

You loved her, did you not?

# 41 A:

Yes.

# 42 Q:

Okay.

Now, Mr. Cowlings, I want to take you to New Year's Eve, 1988. With me?

# 43 A:

Yes.

# 44 Q:

Okay.

And do you recall where you were the night of New Year's Eve 1988?

# 45 A:

At a New Year's Eve party.

# 46 Q:

And whose party was that?

# 47 A:

Mr. Peter Loche and his wife Karen.

# 48 Q:

And do you recall approximately how many people were there at that party?

# 49 A:

I couldn't tell the you exact number.

# 50 Q:

Pretty good size party, though?

# 51 A:

Yes.

# 52 Q:

And among the people present there were Mr. Simpson and Nicole?

# 53 A:

Yes, they were.

# 54 Q:

Okay.

And you talked to them over the course of the night?

# 55 A:

I think -- Yes, we did. We did talk.

# 56 Q:

And you were there past midnight, were you not?

# 57 A:

Yeah. We all embraced each other at the striking hour of 12.

# 58 Q:

And you specifically recall Mr. Simpson and Nicole being there past midnight, also, do you not?

# 59 A:

Yes.

# 60 Q:

And that night, when you -- at least your observations, first of all, of Mr. Simpson, do you recall him appearing intoxicated at all to you, at any time when you saw him at that party?

# 61 A:

I don't remember that.

# 62 Q:

Okay.

And what about Nicole? When you spoke to her that night at all or interacted with her, did she appear to be intoxicated at all to you?

# 63 A:

I don't remember.

# 64 Q:

Okay.

Now, do you recall approximately what time it was that you left this party?

# 65 A:

No. I couldn't tell you.

# 66 Q:

Would you be able to approximate for me?

# 67 A:

It was after 12 o'clock. I couldn't tell you exactly what time I left.

# 68 Q:

Okay.

And did you go back to your own house that night, after you left the party?

# 69 A:

Yes.

Yes, I did.

# 70 Q:

Went home?

# 71 A:

Yes.

# 72 Q:

Went to bed?

# 73 A:

Yes.

# 74 Q:

Okay.

Did there come a time after you had gone to sleep that you received a phone call?

# 75 A:

Yes.

# 76 Q:

And did you recall approximately what time that was?

# 77 A:

I didn't look at the clock, so I couldn't tell you exactly what time.

# 78 Q:

Okay.

Who was the phone call from?

# 79 A:

I'm -- I don't know if he -- if it was Arnelle or if it was Michelle, the housekeeper. It was somebody from the Rockingham house that called me.

# 80 Q:

You're saying Michelle, the housekeeper, that was Mr. Simpson's housekeeper at that time?

# 81 A:

That was the Simpsons' housekeeper.

# 82 Q:

I'm sorry; both of them, Mr. Simpson and Nicole?

# 83 A:

Right.

# 84 Q:

And what, if anything, was said to you in that phone call at the time you received it?

# 85 MR. LEONARD:

Objection. Hearsay.

# 86 THE COURT:

Sustained.

# 87 MR. KELLY:

To explain subsequent conduct, Your Honor.

# 88 THE COURT:

You may proceed subject to motion to strike.

# 89 MR. LEONARD:

Same objection.

# 90 Q:

(BY MR. KELLY) What, if anything, was said to you when you picked up the phone?

# 91 A:

To be honest with you, I don't remember what was said.

Whatever was said was something urgent, and I was asked to come.

# 92 Q:

Okay.

And you don't recall the reason you were asked to come over?

# 93 A:

I'd be speculating. If I did say something, I don't remember exactly what was said.

# 94 Q:

Okay.

And what did you do upon being asked to come to Rockingham --

# 95 A:

I got up --

# 96 Q:

-- if anything?

# 97 A:

-- got in the car, and drove over there.

# 98 Q:

Approximately how much time elapsed from the time you got the phone call until the time you got in the car and headed over to Rockingham?

# 99 A:

Minutes. At that time I was living in Santa Monica, so it wasn't -- I wasn't that far away.

# 100 Q:

But what I'm asking you, from the time you received the phone call till the time you got in the car, how much time elapsed?

# 101 A:

I couldn't tell you. It could have been minutes, five minutes, ten minutes. I really don't know.

# 102 Q:

And how long from the time you received the phone call did you actually arrive at Rockingham?

# 103 A:

I don't remember.

# 104 Q:

Would you be able to approximate for me?

# 105 A:

No.

# 106 Q:

More than ten minutes?

# 107 A:

I couldn't remember, sir.

# 108 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?

# 109 A:

Yes.

# 110 Q:

Okay.

And could you tell us what you did when you arrived at Rockingham?

# 111 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.

# 112 Q:

Was there anybody with Nicole at this time in the kitchen, when you saw her?

# 113 A:

No.

# 114 Q:

And was she standing or sitting?

# 115 A:

She was standing.

# 116 Q:

And could you tell me what she was wearing at this time when you observed her?

# 117 A:

I think she had on a -- a -- warm-up bottoms and a leather jacket, looked like an officer's leather jacket.

# 118 Q:

Do you recall what color that jacket was?

# 119 A:

Could have been brown; it could have been black. It was dark; it was a dark color.

# 120 Q:

And what was Nicole's state at this time?

What was her demeanor when you arrived there?

# 121 A:

Upset, pissed.

# 122 Q:

Okay.

Had she been crying?

# 123 MR. LEONARD:

Objection. Calls for speculation.

# 124 A:

I don't know.

# 125 THE COURT:

Overruled.

# 126 ALLEN COWLINGS:

I'm sorry.

# 127 Q:

(BY MR. KELLY) Can you tell whether she had been crying or not?

# 128 A:

No, I couldn't say.

# 129 Q:

And could you describe her physical appearance from what you could observe in terms of her face, hair, things like that?

# 130 A:

What do you mean by that?

# 131 Q:

Well, first of all, did you see her face?

# 132 A:

Yes.

# 133 Q:

And can you describe it as you saw it that morning, when you first arrived there?

# 134 A:

Upset, looked like she was pissed, face was red.

# 135 Q:

Did you make any other observations about her face, other than the fact it was red?

# 136 A:

No.

# 137 Q:

Okay.

Did you see any lumps on her forehead at that time?

# 138 A:

No.

# 139 Q:

Did you see any lump on her cheek at that time?

# 140 A:

No.

# 141 Q:

Did she have a lump?

# 142 A:

Not that I noticed.

# 143 Q:

Okay.

Did you notice any lump on her cheek?

# 144 A:

No.

# 145 Q:

Did you notice any scratches on her?

# 146 A:

No.

# 147 Q:

Did you notice a split lip?

# 148 A:

No.

# 149 Q:

Did you notice any hand imprint on her neck?

# 150 A:

No.

# 151 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?

# 152 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.

# 153 Q:

And what, if anything, did you say to her at the time when you arrived?

# 154 MR. LEONARD:

Objection. Hearsay.

# 155 THE COURT:

Sustained.

# 156 Q:

(BY MR. KELLY) What in particular did she say to you at this time?

# 157 MR. LEONARD:

Objection. Hearsay, Your Honor.

# 158 THE COURT:

Sustained.

# 159 Q:

(BY MR. KELLY) Was she still upset at that time when you were -- when you arrived there at the house?

# 160 A:

Yes.

# 161 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?

# 162 MR. LEONARD:

Objection. Calls for speculation; lack of foundation, and hearsay.

# 163 THE COURT:

Overruled.

# 164 ALLEN COWLINGS:

May I have the question again, sir?

# 165 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?

# 166 A:

Yes.

# 167 Q:

Okay.

Now, once again, can you tell me what you said to her at this time.

# 168 MR. LEONARD:

Objection; hearsay.

# 169 THE COURT:

Sustained.

# 170 Q:

(BY MR. KELLY) And can you tell me what she said to you.

# 171 MR. LEONARD:

Objection; hearsay.

# 172 THE COURT:

Sustained.

# 173 MR. KELLY:

Your Honor, I believe that --

# 174 MR. LEONARD:

Your Honor, I ask for no speaking objections; if we can approach side bar.

# 175 THE COURT:

I sustained the objection.

# 176 Q:

(BY MR. KELLY) After you were in the kitchen, what, if anything, did you observe next?

# 177 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.

# 178 Q:

Okay.

And did you see anybody else there in the kitchen at any time, other than Nicole?

# 179 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.

# 180 Q:

Was that the first time you had seen him since you arrived there at Rockingham?

# 181 A:

Yes.

# 182 Q:

Now, what, if anything, happened then, when he came into the kitchen doorway?

# 183 A:

He said that he wanted --

# 184 MR. LEONARD:

Objection, Your Honor. Object to the hearsay.

# 185 THE COURT:

That's overruled.

# 186 ALLEN COWLINGS:

The question again?

# 187 Q:

I'm sorry.

What, if anything, did Mr. Simpson say and/or do after you observed him in the kitchen doorway?

# 188 A:

He wanted to talk to Nicole.

# 189 Q:

And did he talk to her?

# 190 A:

She didn't want to hear from him.

# 191 Q:

She didn't converse with him at that time?

# 192 A:

No; she didn't want to talk to him.

# 193 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?

# 194 MR. LEONARD:

Object to any hearsay response at this point; what she did, not what she did.

# 195 THE COURT:

What did she do, other than indicate she didn't want to talk to him at this time?

Overruled.

# 196 Q:

(BY MR. KELLY) Did you see her take any actions, also?

# 197 A:

She picked up the phone.

# 198 Q:

Did you see her dial a number?

# 199 A:

No. She told me if he didn't leave, that she was going --

# 200 MR. LEONARD:

Your Honor, I'd object to the hearsay.

# 201 THE COURT:

Overruled. Simpson was present.

# 202 Q:

(BY MR. KELLY) I'm sorry?

# 203 A:

That she was going to call the police.

# 204 Q:

And what, if anything, did Simpson do after Nicole stated that?

# 205 A:

He left.

# 206 Q:

Do you recall seeing how Mr. Simpson left, first of all, the room?

# 207 A:

Not really. I mean, he went back to -- back through the dining room.

# 208 Q:

And do you know whether he left over the front or rear of the house at this time.

# 209 MR. LEONARD:

Objection. Calls for speculation.

# 210 A:

I couldn't tell you for sure.

# 211 Q:

(BY MR. KELLY) Can you tell me which -- which part of the house he headed to after he left the kitchen?

# 212 A:

He walked back into the dining room there, which was --

# 213 Q:

Is that towards the rear of the house?

# 214 A:

Yes.

# 215 Q:

Okay.

And what, if anything, did you do after Mr. Simpson went back to the rear part of the house?

# 216 A:

I asked her whether she going to be okay.

She said, AC, I just want to be alone.

And then I left.

# 217 Q:

Went home?

# 218 A:

Yes.

# 219 Q:

Went to bed?

# 220 A:

I don't know if I went back to bed, but I went home.

# 221 Q:

Okay.

Did there come a time that you received another phone call?

# 222 A:

Yes, I did.

# 223 Q:

Okay. Was it early that same morning, still?

# 224 A:

Yes, it was.

# 225 Q:

And who was that call from?

# 226 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.

# 227 Q:

And did they ask anything of you at that time?

# 228 MR. LEONARD:

Objection. Hearsay.

# 229 ALLEN COWLINGS:

They wanted me to come over.

# 230 THE COURT:

Just a minute.

# 231 ALLEN COWLINGS:

I'm sorry.

# 232 MR. LEONARD:

Withdrawn.

# 233 THE COURT:

Okay.

Okay. Go ahead.

# 234 Q:

(BY MR. KELLY) What was said to you over the phone?

# 235 A:

Without -- that I was asked to come over.

# 236 Q:

And do you recall whether or not if it was Mr. Simpson that called you?

# 237 A:

I don't remember.

# 238 Q:

And what did you do after you were asked to come over Schwartz's house?

# 239 A:

Got up and drove over to Alan's house.

# 240 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?

# 241 A:

Minutes.

# 242 Q:

Okay.

By the way, who was Alan Schwartz?

# 243 A:

Who is he?

# 244 Q:

Yeah. I mean, he's a friend of yours?

# 245 A:

Yes.

# 246 Q:

Okay.

Friend of Mr. Simpson's, also?

# 247 A:

Yes.

# 248 Q:

And he lived in -- close by to the Rockingham residence, also?

# 249 A:

He lived on Mandeville Canyon.

# 250 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?

# 251 A:

I don't remember seeing O.J.'s car, no.

# 252 Q:

Okay.

Did you later learn it was in Mr. Schwartz's garage?

# 253 A:

Later on, I was told that it was in the garage.

# 254 Q:

Okay.

What, if anything, did you observe when you arrived at Schwartz's house and went inside?

# 255 A:

Alan talking to me.

# 256 Q:

I'm sorry?

# 257 A:

Alan talking to me.

# 258 Q:

Okay.

And you had a conversation with Schwartz?

# 259 A:

Mostly Alan was talking. I was just listening, 'cause nothing made sense, 'cause I didn't know at that time what had happened.

# 260 Q:

And did you then see Mr. Simpson there, also?

# 261 A:

Yes, I did see him.

# 262 Q:

Okay.

And first of all, can you describe Mr. Simpson as he appeared to you when you saw him at that time?

# 263 A:

Upset, bothered.

# 264 Q:

And how was he dressed, or what was his appearance at the time when you saw him?

# 265 A:

He was sitting down when I first saw him. He had a blanket over his shoulders. He was cold, he said.

# 266 Q:

And did you have a conversation with him at that time?

# 267 A:

Yes.

# 268 Q:

Okay.

And can you tell me what the substance of that conversation was?

# 269 A:

To the extent what had happened, and he talked -- and I never really got a detailed -- exactly what happened.

# 270 Q:

Well, did he -- did he ask you to do something, also, in the course of that conversation?

# 271 A:

Not right at that time.

# 272 Q:

Well, a short time later, when you're there and still talking to him?

# 273 A:

Alan had said something to me.

# 274 MR. LEONARD:

Your Honor, I object to anything Mr. Schwartz said unless there's a foundation laid.

# 275 THE COURT:

Lay a foundation, who was present.

# 276 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?

# 277 A:

Right.

# 278 Q:

Okay.

And was that in the den of their house there, or what room was it in?

# 279 A:

That was in the family room.

# 280 Q:

Okay.

And Mr. Simpson was present there, also?

# 281 A:

No.

# 282 Q:

Okay.

Did you later go to where Mr. Simpson was seated?

# 283 A:

Yes.

# 284 Q:

What room was that?

# 285 A:

That was in the den.

# 286 Q:

Okay.

Was Mr. Schwartz in there with you, also?

# 287 A:

I'm not sure. He could have been.

# 288 Q:

Okay.

Well, did you ever have a discussion -- further discussion with Mr. Schwartz as to something he wanted you to do or retrieve?

# 289 A:

Yes, I did.

# 290 Q:

What was that, with Mr. Schwartz or Mr. Simpson?

# 291 A:

I think it was with Alan first.

# 292 Q:

Okay.

First of all, what did Alan -- that's Alan Schwartz?

# 293 A:

Alan Schwartz, yes.

# 294 Q:

What did Alan Schwartz say to you, first of all?

# 295 MR. LEONARD:

Objection. Hearsay.

# 296 THE COURT:

Sustained.

# 297 Q:

(BY MR. KELLY) Was Mr. Simpson present there when you had this discussion with Alan Schwartz?

# 298 A:

I don't remember.

# 299 Q:

What was the discussion you had with Mr. Simpson?

# 300 MR. LEONARD:

Asked and answered.

# 301 THE COURT:

Overruled. He didn't answer.

# 302 MR. LEONARD:

He said he had a discussion about the event.

# 303 THE COURT:

He was asked what was said. He did not answer.

You may respond what Mr. Simpson and you discussed, said.

# 304 ALLEN COWLINGS:

Could I have the question again.

# 305 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?

# 306 A:

Yes.

# 307 Q:

There was a reason Mr. Simpson had called you to Mr. Schwartz's house also, was there not, Mr. Cowlings?

# 308 MR. LEONARD:

Objection. Lack of foundation.

# 309 THE COURT:

Overruled.

# 310 A:

Yes, there was a reason.

# 311 Q:

(BY MR. KELLY) Okay.

And you had a conversation with Mr. Simpson regarding something he wanted you to do, correct?

# 312 A:

Yes.

# 313 Q:

Okay.

And can you relate that conversation to the jury, Mr. Cowlings.

# 314 A:

He wanted to know how Nicole was doing. He wanted me to retrieve some stuff that he had taken with him.

# 315 Q:

What stuff, first of all, that he had taken from Rockingham?

# 316 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.

# 317 Q:

And whose car keys were those?

# 318 A:

Those car keys were Alan Schwartz's.

# 319 Q:

Okay.

And were you told, first of all, where those car keys were lost?

# 320 A:

It had to be somewhere between the time that he went back to the house.

# 321 Q:

What I'm asking, "he" meaning Mr. Simpson?

# 322 A:

Yes, O.J.

# 323 Q:

Did Mr. Simpson indicate to you, first of all, where he had lost Schwartz's car keys?

# 324 A:

It had to be between where he got out of Alan's car to come back into the house.

# 325 Q:

Okay.

And did he give you some sort of description of the route he had taken to look for those keys?

# 326 A:

Yes.

# 327 Q:

And what did he tell you?

# 328 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.

KEY QUOTE

# 329 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?

# 330 A:

Yes, Eric Von Watts.

# 331 Q:

Did he tell you how he got into Von Watts's yard?

# 332 A:

I don't remember.

# 333 Q:

Mr. Cowlings, you testified on a prior occasion about these specific matters?

# 334 A:

In a case.

# 335 Q:

On this case, this incident I'm asking about right now. You've testified on a prior occasion regarding it, have you not?

# 336 A:

You're talking about the deposition?

# 337 Q:

Yeah.

# 338 A:

Yes, I did.

# 339 Q:

And you were under oath at that time?

# 340 A:

Yes.

# 341 Q:

And I asked you -- I asked you questions and you gave me answers?

# 342 A:

Yes.

# 343 Q:

And did you remember more about this incident than you do now, Mr. Cowlings?

# 344 A:

Somewhat.

# 345 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?

# 346 A:

I may have said that.

# 347 Q:

Would it refresh your recollection to see your prior testimony, Mr. Cowlings?

# 348 A:

Probably.

# 349 MR. KELLY:

If I can have a moment, please, Judge.

# 350 (Pause.)

# 351 MR. KELLY:

363, 364 -- actually, strike that. 357, lines 12 to 21.

# 352 THE COURT:

I got "actually, strike that," and nothing else is showing on the . . .

# 353 THE REPORTER:

I'll have to check it at a break, Judge.

# 354 (Referring to computer screen.)

# 355 Q:

(BY MR. KELLY) Do you see the monitor there, Mr. Cowlings?

# 356 A:

Yes.

# 357 Q:

The first question I asked.

# 358 (READING:)

# 359 A:

Yes.

# 360 Q:

Do you recall now that Mr. Simpson told you he had gone over the -- the fence between Ashford and the Von Watts' property?

# 361 A:

When I said over, I probably meant he went over there, on over the property, not saying that he went over the fence.

# 362 MR. KELLY:

Steve, can you put on page 360, please. 360, lines 10 to 20.

# 363 (Transcript displayed on Elmo.)

# 364 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?

# 365 A:

Yes.

# 366 MR. KELLY:

363, 364, Steve. Line 21 to 25.

# 367 (Transcript displayed on Elmo.)

# 368 Q:

(BY MR. KELLY) This is a continuous answer starting at 21. (Reading.) "I looked around there. I continued towards -- he said he had jumped the wooden fence that runs along Ashford, so I went over -- "Q. Not to his property? "A. No. From the Von Watts. I mean Eric and Val have a -- there's a brick about 3 feet then it's wood. "Right. "It goes maybe five foot high, four foot, I don't know exactly. "So I went to where he approximately said and I looked around the -- on the house side the yard and I didn't see it, and when I put my hands up to jump over the fence, I kind of looked down and I saw the keys in the brick and the grass, right there was two keys."

Do you remember being asked those questions and giving those answers, Mr. Cowlings?

# 369 A:

Yes.

# 370 Q:

Did that refresh your recollection now that Mr. Simpson told you he had gone over the fence on Ashford of the Von Watts' property?

# 371 A:

Yes.

# 372 Q:

Okay.

Now -- and in fact, when you went back to Rockingham to -- you went back there to look for a couple items. It was the keys and something else, was it not?

# 373 A:

Yes.

# 374 Q:

And what else was it Mr. Simpson asked you to go back there and look for?

# 375 A:

There was a bag of some kind that he had put in a neighbor's garbage can.

# 376 Q:

Okay.

And do you recall where that garbage can was located?

# 377 A:

The house was on Bristol.

# 378 Q:

And Bristol runs perpendicular to Ashford; is that right?

# 379 A:

Right.

# 380 Q:

And how many houses down Bristol was this house from Ashford?

# 381 A:

It was -- it was up the block, it was north of Ashford.

# 382 Q:

Okay.

And how many houses from Rockingham was that?

# 383 A:

No, it wasn't on Rockingham. I said Ashford.

# 384 Q:

I mean from Ashford?

# 385 A:

About three blocks up north of Ashford on Bristol.

# 386 Q:

Okay.

And where had Mr. Simpson told you he had placed this -- this bag that was in the garbage can?

# 387 A:

He said about the third house up the block, walked down, walked the driveway, and as you got to the end of driveway, there was three garbage cans or -- one garbage can -- that the satchel bag was in one of the garbage cans.

# 388 Q:

It was right where he told you to look, in the garbage can?

# 389 A:

Yes.

# 390 Q:

Had you already found the keys there also?

# 391 A:

No, no, I had found the -- looked in the bag first.

# 392 Q:

And after you had found the bag, how did you proceed back to Rockingham?

# 393 A:

I proceeded the way that I came, came that way, still, you know, looking for the keys.

# 394 Q:

Okay.

Was that when you went up to the fence along Ashford and went to go over it?

# 395 A:

I didn't go over the fence. I walked through the gate they have there.

# 396 Q:

Okay.

And then did you go back to the fence where you had been directed by Mr. Simpson?

# 397 A:

I went back, I was back tracking 'cause I hadn't found the keys yet.

# 398 Q:

And then you found them at the base of the fence on Ashford?

# 399 A:

After I went back, way back to O.J.'s house, I didn't find them, so I came back towards the Von Watts and retracked my tracks again, and when I got back to the outer fence that faced Ashford, I just braced myself, I lifted myself up on top of the fence, that's when I saw the keys.

# 400 Q:

You were getting ready to go over the fence yourself at this time?

# 401 A:

I didn't know if I was going to go over or not. I just lifted myself to look along the fence.

# 402 Q:

You saw them right at the base there?

# 403 A:

Yes.

# 404 Q:

Okay.

Now, after you had recovered both the keys and the bag out of the trash can, what, if anything, did you do next?

# 405 A:

I took the items back to Alan Schwartz's house.

# 406 Q:

Schwartz -- you had Schwartz's keys?

# 407 A:

Schwartz's car keys, yes -- no, I take that back. I drove Alan's car back to his house.

# 408 Q:

Okay.

And you gave him his car and his car keys back at that time?

# 409 A:

Yes.

# 410 Q:

And you gave Mr. Simpson the bag?

# 411 A:

Yes.

# 412 Q:

Okay.

And did you have any other conversation with Mr. Simpson at that time?

# 413 A:

I probably did, but I don't remember --

# 414 Q:

Okay.

# 415 A:

-- what was said.

# 416 Q:

Okay.

By the way, when you were over there and you found the -- located the keys and the bag in the trash can, did you go into the Rockingham house at all?

# 417 A:

No.

# 418 Q:

Didn't see Nicole at all?

# 419 A:

No.

# 420 Q:

Now, after you returned the keys and the bag, what, if anything, did you do next?

# 421 A:

I probably stayed at Alan's house for a while.

# 422 Q:

Did you have occasion to go back to Rockingham after that time?

# 423 A:

Not at that time, no.

# 424 Q:

Was there some point that morning after you had been to Schwartz's you went back to Rockingham?

# 425 A:

During that morning?

# 426 Q:

Yeah.

# 427 A:

I think I called to see how she was doing.

# 428 Q:

Was there a time you went over that morning, and in fact, she was feeding the baby in the kitchen there, Mr. Cowlings?

# 429 A:

No, it wasn't that morning.

# 430 Q:

When was the next time you were over at Rockingham?

# 431 A:

Later on that evening.

# 432 Q:

And it's your testimony as you sit here today, after you returned the keys and the bag to Schwartz's, you did not go over to Rockingham at that time?

# 433 A:

No, I don't think so.

# 434 Q:

And you didn't testify in April this year, after you returned the keys and bag to Mr. Simpson, you went back over to Rockingham and saw Nicole again to check on her?

# 435 A:

I saw Nicole later on that day. It wasn't that morning.

# 436 MR. KELLY:

Steve, can I see that for a moment.

If I could have one moment, Judge.

# 437 (Pause.)

# 438 (Transcript displayed on Elmo.)

# 439 Q:

(BY MR. KELLY) Page 388, line 18. Question from myself to Mr. Cowlings. (Reading.) "And, Mr. Cowlings, what did you do after leaving Alan Schwartz's house at that time where you just returned with the keys and jewelry bag? "A. What did I do once I left Alan's house? "You did leave, didn't you? "Yes, I did. "Okay. And what did you do next? "A. I went by the house to see Nicole. "Okay. Did you have any bearing as to what time it was then? "Still in the morning. I don't know if it was 8 o'clock, 8:30, I don't know for sure. Somewhere in that time range, though."

Now, does that refresh your recollection as to whether you went by that morning after leaving Mr. Schwartz's house, Mr. Cowlings?

# 440 A:

When I said that in the depo, now I know I didn't go back over there until later on that day. I didn't go back over there that morning. I knew -- I remember that I did go, but now I know I went back later on in the day that day, not in the morning.

# 441 Q:

And you recall saying also that you went over that morning, that we wanted to check on her, she was feeding the baby in the kitchen, Mr. Cowlings?

# 442 A:

That happened when I went back that afternoon -- I mean later on that day, she was feeding the baby.

# 443 Q:

Okay.

And when you testified that you had offered to take her to the hospital that morning, that never happened?

# 444 A:

I took her to the hospital that evening.

# 445 Q:

I understand that. But --

# 446 A:

No, I did not.

# 447 Q:

-- Did you see her that morning, offer to take her to the hospital?

# 448 A:

No, not that morning, sir.

# 449 Q:

And did you have occasion to look at Nicole's head or forehead that morning at all?

# 450 A:

I didn't see Nicole that morning. Only -- at the time I saw her, I was called over there the first time. The second time I saw Nicole was when I went back that evening.

# 451 Q:

So the entire incident you related to me --

# 452 MR. KELLY:

If I could have a moment, please, Your Honor.

# 453 (Pause.)

# 454 MR. KELLY:

Can I approach the witness, Your Honor.

# 455 THE COURT:

You may.

# 456 Q:

(BY MR. KELLY) Mr. Cowlings, I'm going to ask you to read a number of pages here in your deposition, starting right here, where I put it up on the Elmo, okay.

If you can take a couple minutes and read all of this here, and I'll ask you a couple questions.

# 457 A:

Sure.

# 458 (Witness complies, reads transcript.)

# 459 MR. BAKER:

What did you ask him to read, counsel?

# 460 MR. KELLY:

Excuse me?

# 461 MR. BAKER:

Would you tell us what you're asking him to read.

# 462 MR. KELLY:

I think it was page 390, three pages.

# 463 A:

Turn the page?

# 464 Q:

Yeah.

# 465 (Witness complies, continues reading.)

# 466 Q:

(BY MR. KELLY) Now, Mr. Cowlings, does that refresh your recollection as to a rather substantial amount of testimony you gave under oath, during your deposition, on April 17 of this year?

# 467 A:

Yes. What I said then. But what I know now is what wasn't -- what I meant to say. What I thought -- well, let me slow down.

What I said there, I was -- I had the times wrong. It was later on that afternoon when I saw her.

# 468 Q:

Mr. Cowlings, did I not ask you another series of questions about a return visit that evening where you gave a different -- an entirely different account of what happened when you saw Nicole that evening also?

# 469 MR. LEONARD:

Objection, argumentative.

# 470 THE COURT:

Overruled.

# 471 A:

May I have the question again?

# 472 Q:

(BY MR. KELLY) Did you not -- when I asked you another series of questions at that same deposition regarding a third visit over seeing Nicole that evening, you described an entirely different scenario again about observations you made in conversations with Nicole, did you not?

# 473 A:

Sir, you asked me was I -- when I was taking her to the hospital. I didn't take Nicole to the hospital until later on that day. You said -- you were saying that I took her that morning or suggested I took her that morning, and I didn't.

# 474 Q:

I understand that. But when you testified -- did you not at one time in your deposition testimony indicate that you offered to take Nicole to the hospital that morning -- evening and she refused?

# 475 A:

I may have said that at the deposition. Yes, I did say that. But as I'm telling you now, I didn't see Nicole until later on that afternoon when I went back over there.

# 476 Q:

So when you recounted a whole incident about Nicole complaining about her head hurting, and you looking at her forehead, and what she told you about how she had hurt her head, and things like that, none of that happened that morning, Mr. Cowlings?

# 477 A:

Not that morning, sir.

# 478 Q:

And even though you testified that it happened about 8:30, in the conversation you had while she was in the kitchen that morning feeding the baby, it's now your testimony that never occurred?

# 479 A:

I'm saying she was feeding the baby later on that day when I saw her.

# 480 Q:

Okay.

Mr. Cowlings, Mr. Simpson has always helped you out whenever you needed it, hasn't he?

# 481 A:

That's what friends do.

# 482 Q:

He's lent you money at times, hasn't he?

# 483 A:

Yes, he has. So I've had to lend him money back too, sure.

# 484 Q:

Sometimes you paid him back; sometimes you didn't?

# 485 A:

That's right, sir.

# 486 Q:

One time he and his friend, Wayne Hughes bought your condominium from you?

# 487 A:

No, they didn't buy it. I bought it.

# 488 Q:

From them?

# 489 A:

No.

# 490 Q:

With them?

# 491 A:

No.

# 492 Q:

Okay.

You went on trips with Mr. Simpson?

# 493 A:

Excuse me?

# 494 Q:

Mr. Simpson take you on trips with him?

# 495 A:

I've been on trips with O.J., yes.

# 496 Q:

Okay.

He got you in movies where he was in?

# 497 A:

Yes, he has.

# 498 Q:

Okay.

And always took care of you if you needed help?

# 499 A:

I was able to provide for myself. If I needed something, I could always go to O.J.

# 500 Q:

Okay.

And I believe you've testified before that you'd always be there to help Mr. Simpson if he needed it, always?

# 501 A:

That's what friends are about, sir.

KEY QUOTE

# 502 Q:

Okay.

At this time it's your testimony that that visit you earlier testified to, did not now occur that morning; is that right?

# 503 MR. LEONARD:

Objection, asked and answered and argumentative.

# 504 THE COURT:

Overruled.

# 505 A:

Could I have the question again?

# 506 Q:

This -- your prior testimony in the deposition regarding this -- this visit to Nicole at 8:00, 8:30 in the morning where -- there was detailed testimony you gave as to the conversation you had with her, her physical condition, things she had said to you, it's your testimony now on the stand, that never occurred that morning; is that correct?

# 507 A:

Not that morning.

# 508 Q:

Okay.

Now, did there come a time that Mr. Simpson asked you to drive him over to Rockingham?

# 509 A:

Yes.

# 510 Q:

Okay.

And you recall when that was, during the course of the day?

# 511 A:

It was early on in the day. We drove by, and we saw a patrol car out in front, and we kept going.

# 512 Q:

Well, let me ask you, you were driving him from Schwartz's house, were you not?

# 513 A:

Yes.

# 514 Q:

And whose car were you in?

# 515 A:

We were in mine.

# 516 Q:

Okay.

And did Mr. Simpson give you very specific directions how to get to Rockingham?

# 517 A:

We could have went by the house, come up Bristol and came down Rockingham, coming north to south.

# 518 Q:

Okay.

Did he or did he not give you specific directions how to drive to his house because the police were looking for him at that time?

# 519 MR. LEONARD:

Objection, compound.

# 520 A:

He could have.

# 521 THE COURT:

Overruled.

# 522 Q:

(BY MR. KELLY) Well, yes or no, Mr. Cowlings?

# 523 A:

I said I know I went up Bristol and came down Rockingham, heading south, towards his house.

# 524 Q:

Okay.

# 525 MR. KELLY:

Move that answer be stricken and the witness be instructed to answer the question, Your Honor.

# 526 THE COURT:

The answer is stricken.

Read the question for him.

# 527 Q:

(BY MR. KELLY) Can you tell me once again, did Mr. Simpson give you a very specific route to take to his -- back -- back to his house at Rockingham because he told you the police were looking for him?

# 528 A:

He could have told me --

# 529 Q:

Would --

# 530 A:

-- but I don't remember if he did or not.

# 531 Q:

Well, do you remember testifying under oath at your deposition, that Mr. Simpson told you the police were looking for him and instructed you to take a particular route in case they were at his house?

# 532 A:

He could have. I told you I came up Bristol, past Ashford, and came back down Rockingham, so he could have told me.

# 533 MR. KELLY:

408, please.

# 534 Q:

(BY MR. KELLY) Would it refresh your recollection to see your deposition testimony, sir?

# 535 A:

Sure.

# 536 (Transcript displayed.)

# 537 MR. KELLY:

Just -- I need my last question before that on 407.

# 538 Q:

(BY MR. KELLY) (Reading.) "Okay, you drove him back to Rockingham?" Then your answer: "Yes. We drove and we came up -- and he wanted me to go -- come up Bristol and come back -- go north on Bristol, turn left, west, and come south back down Rockingham, about two blocks up. "Q. Why was that? "A. At that time he was telling me that the police -- he felt that the police were still looking for him. "Q. Okay. Were you checking to see if the police were parked in front, is that why you took that route? "A. When I got there, I realized, yeah, that's the reason why. "Q. Okay. Did he tell you that? "A. I saw a police car. "Q. Parked in front? "A. It had pulled -- I don't know if he had just pulled up or how long he had been there, but it was at the gate of Rockingham. "Q. What, if anything, did you do when you saw the police car? "He, meaning Mr. Simpson, asked me to take him back down to Alan's. "Q. And did you?" Your answer: "Yes."

Do you remember me asking you those questions during your deposition, Mr. Cowlings, and you giving those answers?

# 539 A:

Yes.

# 540 Q:

Does that refresh your recollection now, Mr. Cowlings, as to whether or not Mr. Simpson told you the police were looking for him that morning when you were taking him to Rockingham?

# 541 A:

Yes.

# 542 Q:

They were looking for him, weren't they, as he had told you?

# 543 A:

Yes.

# 544 Q:

Okay.

And, in fact, you had a conversation with Alan Schwartz about the fact that the police were looking for Mr. Simpson also, did you not?

# 545 MR. LEONARD:

Objection, calls for hearsay.

Move to strike.

# 546 THE COURT:

Sustained. Stricken.

# 547 Q:

(BY MR. KELLY) Did you have a conversation with both Mr. Simpson and Mr. Schwartz at Mr. Schwartz's house about how the police were looking for Mr. Simpson?

# 548 MR. LEONARD:

Objection, compound and vague.

# 549 THE COURT:

Sounds like two conversations.

Sustained.

# 550 MR. KELLY:

Strike the question, Your Honor.

# 551 Q:

(BY MR. KELLY) Did Mr. Simpson also tell you that when he pulled out of his own driveway at Rockingham he knew the police were after him at this time, Mr. Cowlings?

# 552 A:

That I don't remember, sir.

# 553 Q:

Did you not, in your deposition testimony, in April, testify that Mr. Simpson had told you that when he pulled out of Rockingham he knew the police were after him, he went one direction, they went another, and he lost them?

# 554 A:

He could have said that, sir.

# 555 Q:

I'm going to refresh your recollection.

If I put your testimony up there on the board --

# 556 A:

Yes, it would help.

# 557 Q:

Okay.

# 558 MR. KELLY:

386, lines 1 through 24.

# 559 (Transcript displayed on Elmo.)

# 560 Q:

(BY MR. KELLY) (Reading.) "Q. Do you recall what you heard regarding the police? "A. I don't know if the conversation -- who said the -- It probably came out of O.J.'s mouth, that the police -- He went -- When he pulled out of his driveway -- I think -- I don't know how Nicole's -- all I know, he said that the police were coming after him, he went out of the driveway, he went one way, they went the other, so he lost them."

# 561 Q:

(BY MR. KELLY) Do you recall me asking you that question and you giving that answer, Mr. Cowlings?

# 562 A:

Yes.

# 563 Q:

Does that refresh your recollection now as to that conversation?

# 564 A:

Yes.

# 565 Q:

And as you sit here today, it's your testimony now, that you only made two trips over where you saw Nicole that New Year's Day at Rockingham; is that correct?

# 566 A:

Yes.

# 567 Q:

Okay.

When was the second time you went over to Rockingham that day where you saw Nicole, Mr. Cowlings?

# 568 A:

It was later on that evening.

# 569 Q:

Which --

# 570 A:

Early -- early evening.

# 571 Q:

By the way, did you talk to her during the course of that day?

# 572 A:

I did call over there.

# 573 Q:

And did you tell her where you were going to be that day?

# 574 A:

Yes.

# 575 Q:

Okay.

Did she ever call you?

# 576 A:

No.

# 577 Q:

Okay.

You called to check on her?

# 578 A:

Yes.

# 579 Q:

Okay.

Now, once again, could you approximate the time you arrived at Rockingham that evening to see Nicole the second time?

# 580 A:

Early evening, could have been 5, 6. I don't know exactly.

# 581 Q:

Okay.

And where was she this time when you saw Nicole?

# 582 A:

In the kitchen.

# 583 Q:

And what was she doing at this time you saw her?

# 584 A:

She was feeding the baby.

# 585 Q:

Okay.

Do you recall which baby that was at that time?

# 586 A:

No.

# 587 Q:

And can you describe Nicole's demeanor, her state at that time when you were at the house?

# 588 A:

She was -- she had the baby in her arms, feeding the baby, wasn't too talkative.

O.J. was with me.

# 589 Q:

I'm sorry?

Did you say O.J. was with you at the time?

# 590 A:

Yes, um-hum.

# 591 Q:

Okay.

# 592 A:

That was about it.

# 593 Q:

And was she still upset at that time?

# 594 MR. LEONARD:

Objection. Leading, asked and answered.

# 595 THE COURT:

Overruled.

# 596 A:

She could have been, but I mean she wasn't as -- as she was earlier, earlier that morning.

# 597 Q:

Well, I showed you testimony from your deposition where you indicated you had been mistaken about being over there at 8:30; is that correct?

# 598 A:

Excuse me. Let me have the question again.

# 599 Q:

You've changed from your deposition testimony to today, you're now saying that you never went over there a second time at about 8:30 in the morning and saw Nicole; is that correct?

# 600 A:

I'm telling you about the time now that I went over there that evening.

# 601 Q:

But is it your testimony that you were mistaken about the time you went over there to see Nicole again, but all the other answers you gave are correct in terms of your conversations with Nicole and your observations and things like that?

# 602 A:

You were asking me if -- was I over there that afternoon -- early that morning?

# 603 Q:

Yeah.

# 604 A:

And I'm telling you no.

# 605 Q:

And you never -- Nicole never told you that her forehead hurt that morning at any time, did she?

# 606 A:

Not that I could remember.

# 607 Q:

Never even had a conversation with her about that?

# 608 A:

Well, eventually I did.

# 609 Q:

And when was that, Mr. Cowlings?

# 610 A:

That was that evening.

# 611 Q:

And it's your testimony you had that conversation with Mr. Simpson in the kitchen?

# 612 A:

Mr. Simpson was standing there, yes.

# 613 Q:

Okay.

And what, if anything, did she say at that time to you?

# 614 A:

She was saying I --

# 615 MR. LEONARD:

Objection, hearsay, Your Honor.

# 616 MR. KELLY:

I'm sorry?

# 617 THE COURT:

Overruled.

# 618 Q:

(BY MR. KELLY) What did she say to you at that time, Mr. Cowlings?

# 619 A:

She was saying her head was hurting.

KEY QUOTE

# 620 Q:

Okay.

And did you ask her any other reason why her head was hurting at that time?

# 621 A:

I don't know if -- if I had asked her or if I just noticed that where she was saying her head was hurting I could see that there was swelling.

# 622 Q:

Well, didn't she also indicate to you that very -- the first time that there was a particular part on her head, above the hairline, that her head hurt, Mr. Cowlings?

# 623 A:

I don't remember saying that, no.

# 624 Q:

Okay.

And did she ever indicate to you why her head hurt at this time?

# 625 MR. LEONARD:

Your Honor, I object. Hearsay.

Can I have a continuing objection on a hearsay basis?

# 626 THE COURT:

Objection is overruled. This appears to be a conversation where Mr. Simpson was present.

# 627 A:

I don't remember.

# 628 Q:

(BY MR. KELLY) Well, do you recall me asking you these questions about conversations you had with Nicole New Year's Day, 1989, when I took your deposition in April this year, Mr. Cowlings?

# 629 A:

There was a lot of things that's happening since then, sir. It's hard -- if you want to go back to the deposition, let's do that.

# 630 Q:

Let's do it.

# 631 MR. KELLY:

Okay. Page 393, Steve.

# 632 (Transcript displayed on Elmo.)

# 633 Q:

(BY MR. KELLY) Starting at page 392.

I will represent to you, Mr. Cowlings, this is when you were in the kitchen with Nicole.

The is the second time.

(Reading.) "Q. What did you see? "A. It was red. "Q. Was there any swelling there? "A. I didn't touch it, so I wouldn't know. "Q. Did you look at it? "A. I looked at it, it was red. "Q. Did you see any swelling there when you looked at it? "A. No, I didn't. "Q. Did you see a bump? "A. No. "Q. What happened next? "A. I said okay, she said yeah, it just hurts, so I said did you want me to take you to the hospital, and she said no. "Q. Was she having any difficulty speaking at this time? "A. No. "Q. Did she indicate to you that she had called a doctor prior to your arrival there? "A. No. "Q. Did she indicate that she had spoken to the police again? "A. No. "Q. What, if anything else did you talk about when you were in the kitchen with her at that point? "A. I can't remember exactly what we talked about. "Q. When you looked at her forehead did she tell you what had happened to it?"

# 634 MR. KELLY:

Top of the next page.

(Reading.) "A. I think she said he had pulled her hair. "Q. Other than pulling her hair, what else did she tell you he had done to her? "A. I don't remember. "Q. Was that an injury she was showing to you, when she pointed to her forehead that you came over and looked at? "A. She just -- When she said her head was hurting she rubbed the spot, I guess, that was hurting. "Q. Okay. Show me exactly where she rubbed. "A. I don't remember exactly. I don't know what side of the head that she rubbed. "Q. What part of her head was it on? "A. Towards, I guess, up in the area somewhere. "Q. Above the hairline? "A. Yeah. "Q. You didn't see any bruises below the hairline on her forehead? "A. No."

# 635 Q:

(BY MR. KELLY) Now, do you remember being asked those questions and giving those answers, Mr. Cowlings?

# 636 A:

Yes.

# 637 Q:

Do you recall now that there was a time Nicole was indicating an injury she had above her hairline to you?

# 638 A:

Yes.

# 639 Q:

Okay.

You remember her indicating to you then that -- that he, meaning Mr. Simpson, had pulled her hair?

# 640 A:

Yes.

# 641 Q:

Okay.

Now, did she tell you anything else about how she had been -- why her head hurt that day, Mr. Cowlings?

# 642 A:

I don't remember.

# 643 Q:

Is it not a fact that she told you that Mr. Simpson had hit her, Mr. Cowlings?

# 644 A:

She had told me that she was hit, yes.

KEY QUOTE

# 645 Q:

Mr. Cowlings, did she tell you that Mr. Simpson had hit her early that morning?

# 646 A:

Yes, she probably did, yes.

# 647 Q:

She did tell you that, did she not?

# 648 A:

Yes.

# 649 MR. KELLY:

Steve, can I see Exhibit No. 5.

# 650 (Exhibit 5 displayed.)

# 651 Q:

(BY MR. KELLY) Mr. Cowlings, first of all, you recognize who's in the photograph?

# 652 A:

Yes.

# 653 Q:

That's Nicole?

I'm sorry?

# 654 A:

Yes.

# 655 Q:

And see the sweatpants she has on in the picture?

# 656 A:

Yes.

# 657 Q:

Okay.

Are those the sweatpants she had on in the kitchen when you were called over early that morning?

# 658 A:

Yes.

# 659 Q:

Okay.

And you recall them being soiled like that?

# 660 A:

Yes.

# 661 Q:

And the jacket that she has on in that picture, is that the jacket that she had on that early morning when you were called over there?

# 662 A:

Yes.

# 663 Q:

Okay.

# 664 MR. KELLY:

Steve, can I see Exhibit No. 4.

# 665 (Exhibit 4 displayed on Elmo.)

# 666 Q:

(BY MR. KELLY) That's Nicole again, is it not, Mr. Cowlings?

# 667 A:

Yes.

# 668 Q:

Looking at that photograph, do you recall seeing her that morning when you were talking to her in the kitchen?

# 669 A:

Yes.

# 670 Q:

Now, at that time, Mr. Cowlings, do you recall seeing that bruise over her forehead?

# 671 A:

Let me have the question again.

# 672 Q:

That morning when you first arrived there, early morning when you received a call and rushed right over there and saw Nicole in the kitchen, that black jacket and the sweatpants, do recall seeing that bruise over her right eye?

# 673 A:

No.

# 674 Q:

Do you recall seeing any bruise on her right cheek?

# 675 A:

No.

# 676 Q:

Do you recall seeing scratches?

# 677 A:

What I saw was redness.

# 678 Q:

Okay.

See a split lip?

# 679 A:

No.

# 680 Q:

Do you see any hand imprints on her neck?

# 681 A:

No.

# 682 Q:

Now, that evening when you were in the kitchen, you had occasion to get a better look at --

# 683 ALLEN COWLINGS:

Excuse me. Can I take some water, please.

# 684 THE COURT:

Yes.

# 685 Q:

You all right?

# 686 A:

I'm fine.

# 687 Q:

Okay.

# 688 MR. KELLY:

Steve, could you flip up 5, please.

# 689 (Exhibit 5 displayed.)

# 690 MR. KELLY:

I'm sorry, the one after that, the other picture.

# 691 MR. FOSTER:

# 692 MR. KELLY:

Yeah.

# 693 (Exhibit 3 displayed.)

# 694 Q:

(BY MR. KELLY) Do you recognize Nicole there?

# 695 A:

Yes.

# 696 Q:

Okay.

You don't recall seeing any of those injuries that morning when you first arrived there?

# 697 A:

No.

# 698 MR. KELLY:

Steve, can I see -- can you flip 4 back up there now.

# 699 (Exhibit 4 displayed.)

# 700 Q:

(BY MR. KELLY) Now, Mr. Cowlings, you indicated earlier that you had testified that Nicole told you that Mr. Simpson had pulled her hair, then he had hit her.

Now, drawing your attention to this lump over her right eye, do you recall seeing it that evening when you were in the kitchen with her?

# 701 A:

Yes.

# 702 Q:

And in fact, when you saw it that evening it was actually larger and darker than it appears in that photograph, was it not, Mr. Cowlings?

# 703 A:

I don't remember that.

# 704 Q:

Do you remember me asking you about that at your deposition? I showed you these photographs.

# 705 A:

I don't remember. You have to show me.

# 706 Q:

Okay.

# 707 MR. KELLY:

Take the photograph off and put page 439 up there.

# 708 (Transcript displayed on Elmo.)

# 709 MR. KELLY:

Move it down a little bit, Steve. Question above that you're cutting off.

(Reading.) "Q. Would you agree with me now as you look at that photograph that she has a very large and swollen bruise" --

# 710 (Witness raises hand.)

# 711 A:

I'm sorry. Where are you?

# 712 Q:

Right there.

(Reading.) "Q. Would you agree with me now as you look at that photograph" -- and I'll represent to you, Mr. Cowlings, it was the photograph I just had up there a moment ago -- "that she has a very large and swollen bruise over her right eye?" "A. Yes, it is. "Q. Okay. Did you notice that that morning when you went over to Rockingham? "A. No, I didn't, sir. "Q. Okay. Did you notice that that night when you took her to the hospital? "A. Yes, I did. "Q. And, in fact, when you took her to the hospital that night, it was even larger and darker than it appears in that photograph there, was it not? "A. It seemed like it was larger. It could have been darker. Like I say, she didn't have her hair pulled back. But I noticed that it was swelling. And when she was telling me that she was bothered by a headache I felt that, you know, it would be wise for her to go to the hospital because I didn't want her to go to sleep, you know, thinking that maybe she had a concussion."

# 713 Q:

(BY MR. KELLY) Do you recall now, Mr. Cowlings, me asking you those questions and you giving those answers?

# 714 A:

Yes.

# 715 Q:

Does that refresh your recollection that --

# 716 MR. KELLY:

If you could put No. 4 back up on that screen.

# 717 (Exhibit 4 displayed.)

# 718 Q:

As to that knot over her right eye, whether it was even larger and darker than it appears in the photograph there?

# 719 A:

It could have been.

# 720 Q:

And you, in fact, did take her to the hospital that night for fear she had a concussion, correct, Mr. Cowlings?

# 721 A:

Yes.

# 722 Q:

And you stayed there while she was treated at the emergency room?

# 723 A:

Yes.

# 724 Q:

And you took her back home that night?

# 725 A:

Yes.

# 726 Q:

And you walked her back in the house?

# 727 A:

Yes.

# 728 Q:

Stayed there a little bit with her?

# 729 A:

Yes.

# 730 Q:

Okay.

You see Mr. Simpson there at that time?

# 731 A:

I don't remember.

# 732 MR. KELLY:

I have no further questions, Your Honor.

# 733 THE COURT:

10-minute recess, ladies and gentlemen. Don't talk about the case. Don't form or express any opinions.

# 734 (The jurors resumed their respective seats.)

# 735 THE COURT:

You may proceed.

CROSS-EXAMINATION BY MR. LEONARD:

# 736 Q:

Good afternoon Mr. Cowlings.

# 737 A:

Good afternoon, sir.

# 738 Q:

I have a couple questions for you.

You described Nicole Brown Simpson's demeanor when you saw her on those two occasions on January 1, 1989. Do you remember that in your direct testimony?

# 739 A:

Yes, sir.

# 740 Q:

And would you agree with me, sir, that the primary emotion that you (sic) exhibited in her demeanor was that she was angry? I think you used the words "pissed off." Is that fair to say?

# 741 A:

Yes, she was.

# 742 MR. KELLY:

Objection. Leading, Your Honor.

# 743 THE COURT:

Leading. Overruled.

# 744 Q:

(BY MR. LEONARD) And she was angry in the morning, and she was angry in the evening, when Mr. Simpson was there with you, right?

# 745 A:

Yes.

# 746 Q:

Now, in the evening, there was -- there was a discussion about going to the hospital, right?

# 747 A:

Yes.

# 748 Q:

You suggested that Nicole go to the hospital, and at that point, Mr. Simpson also insisted that she go to the hospital; is that correct?

# 749 A:

Yes.

# 750 Q:

Did Mr. Simpson, at any point that evening, try to prevent Nicole from going to the hospital?

# 751 A:

No.

# 752 Q:

Did he, at any point, suggest to her anything that you should say to the physicians at the hospital?

# 753 MR. KELLY:

Objection. Leading.

# 754 THE COURT:

Leading. Overruled.

# 755 ALLEN COWLINGS:

May I have the question?

# 756 THE COURT:

Cross-examination.

# 757 MR. KELLY:

I know.

# 758 Q:

(BY MR. LEONARD) Did she at any point -- did Mr. Simpson, at any point, try to prevent Nicole Brown Simpson from going to the hospital?

# 759 A:

No.

# 760 Q:

Did he try to inhibit -- did he suggest anything to her that she should tell the doctors or not tell the doctors?

# 761 A:

No.

# 762 Q:

He saw you leave with her, to go to the hospital; is that right?

# 763 A:

Yes.

# 764 MR. LEONARD:

Thank you. I don't have any further questions at this time.

REDIRECT EXAMINATION BY MR. KELLY:

# 765 Q:

Mr. Cowlings, so we're clear, though, it was you that suggested to Nicole that you wanted to take her to the hospital, first; is that right?

# 766 A:

Yes.

# 767 MR. KELLY:

I have no further questions.

# 768 MR. LEONARD:

Just one question at this point.

RECROSS-EXAMINATION BY MR. LEONARD:

# 769 Q:

Nicole seemed reluctant to go to the hospital?

# 770 MR. KELLY:

Objection. Calls for speculation.

# 771 Q:

Did she indicate -- did she respond immediately at that point to your suggestion?

# 772 A:

First she said no; yes.

# 773 Q:

And then what happened, Mr. Simpson? [Sic]

Just tell us what happened after that.

# 774 A:

I asked her again -- I said -- I voiced my concern about maybe she may have a concussion. Then O.J. suggested that she needed to go, too.

# 775 Q:

And when he said that, she agreed, correct, to go to the hospital?

# 776 A:

Yes, yes. I mean not right at that time, but she did finally agree to go.

# 777 MR. LEONARD:

Thank you. No further questions.

FURTHER REDIRECT EXAMINATION BY MR. KELLY:

# 778 Q:

You encouraged her further, after that, to go, also, did you not?

# 779 A:

Yes, sir.

# 780 MR. KELLY:

Thank you. I have no further questions.

# 781 MR. LEONARD:

Nothing further.

# 782 THE COURT:

You may to step down.

# 783 (The witness stood aside.)

Temperature

tense

Key Quotes (5)

Allen Cowlings

She was saying her head was hurting... I could see that there was swelling.

Cowlings confirms observing Nicole's injury and her identifying the painful area above her hairline — physical evidence of the assault.

Allen Cowlings

She had told me that she was hit, yes... Yes, she probably did, yes... Yes.

After repeated pressing, Cowlings admits Nicole directly told him Simpson hit her that morning — a key admission for domestic violence pattern evidence.

Allen Cowlings

The car was parked on Bristol, a block east of O.J.'s house... His travels took him through his neighbor's yard, across the tennis court, through a gate, across his tennis court, into his house.

Cowlings recounts the exact route Simpson described taking that night — suspicious furtive movement through neighbors' yards after the assault.

Allen Cowlings

That's what friends are about, sir.

Response to Kelly's suggestion that Cowlings would always help Simpson no matter what — implicitly raising bias as a motive to soften or recant testimony.

Allen Cowlings (deposition read-back)

He went — When he pulled out of his driveway — I think — I don't know how Nicole's — all I know, he said that the police were coming after him, he went out of the driveway, he went one way, they went the other, so he lost them.

Simpson told Cowlings he deliberately evaded police after the assault — consciousness of guilt.

Evidence (6)

Exhibit 5

Photograph of Nicole Brown Simpson in soiled sweatpants and dark jacket

Displayed on Elmo; Cowlings confirms these are the clothes she wore when he arrived early that morning

Exhibit 4

Photograph of Nicole showing facial injuries including bruise over right eye and right cheek

Displayed; Cowlings denies seeing the bruise/injuries that morning but acknowledges seeing redness

Exhibit 3

Photograph of Nicole Brown Simpson showing injuries

Displayed; Cowlings confirms he did not observe those injuries when he first arrived

Informal

Cowlings deposition testimony from April 17 of that year (pages 357-393+ referenced)

Repeatedly used to impeach Cowlings; multiple pages displayed on Elmo to refresh recollection and expose contradictions

Informal

Satchel bag placed by Simpson in a neighbor's garbage can on Bristol, approximately three houses north of Ashford

Described by Cowlings; he retrieved it at Simpson's direction the morning of Jan 1, 1989

Informal

Alan Schwartz's car keys lost near Von Watts property fence on Ashford

Described; Cowlings found them at the base of a fence after retracing Simpson's path through the neighbor's yard

Notable Exchanges (4)

John Kelly•Allen Cowlings

Kelly confronts Cowlings with his April deposition testimony describing a second visit to Nicole at 8:00-8:30 AM — including detailed observations of her injury and her statements — which Cowlings now insists happened that evening. Kelly reads multiple pages of deposition transcript aloud to the jury.

confrontational

John Kelly•Allen Cowlings

Kelly extracts the account of Simpson directing Cowlings to retrieve a bag from a neighbor's garbage can and car keys near the Von Watts fence — establishing Simpson's suspicious post-assault movements through neighbors' yards.

revealing

John Kelly•Allen Cowlings

Kelly presses Cowlings on Simpson's statement that he eluded police after pulling out of Rockingham — Cowlings initially hedges, then his deposition is displayed confirming Simpson described deliberately evading police.

strategic

John Kelly•Allen Cowlings

Kelly establishes Cowlings' financial and personal dependency on Simpson — loans, trips, movie roles — to demonstrate bias and motive to protect him.

strategic

Credibility Attacks (2)

⚔ Allen Cowlings

Prior inconsistent statement (deposition)

Kelly repeatedly confronts Cowlings with his April 1996 deposition testimony describing a second visit to Nicole at 8:00-8:30 AM, with detailed accounts of her injuries, her statements about Simpson hitting her, and an offer to take her to the hospital. Cowlings insists at trial that this all happened in the evening, not the morning. Kelly displays multiple pages of transcript on the Elmo to demonstrate the inconsistency.

⚔ Allen Cowlings

Bias / financial dependency

Kelly establishes that Simpson lent Cowlings money (sometimes not repaid), got him movie roles, and took him on trips — suggesting Cowlings had personal and financial motivation to minimize damaging testimony against Simpson.

Witness Demeanor

(Witness complies, reads transcript.)

(Witness complies, continues reading.)

Cowlings repeatedly asks 'May I have the question again' — pattern of stalling or difficulty with memory

Cowlings requests water while being shown injury photographs of Nicole

Objections

28 objections (12 sustained, 8 overruled)

Proceeding 8437 • 783 utterances • Plaintiff witness

Civil Trial

Department 103