Paula Barbieri videotaped deposition

📄 Paula Barbieri videotaped deposition — Wednesday, December 4, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\4\PAULA-BARBIERI-VIDEOTAPED-DEPO.DOC

TRIAL

▲ Day 25 of 57

◀ Jury resumption Document production discussion — Dr. Weir ▶

Examiner: Daniel Petrocelli
Called by: Prosecution • Date: Wednesday, December 4, 1996 • Utterances: 69

Plaintiffs played an edited videotaped deposition of Paula Barbieri, OJ Simpson's girlfriend, with significant procedural disputes between counsel over deposition designation rules and the timeliness of objections. The substantive testimony covered Simpson's golf habits, his use of disguises with his children, Barbieri's denial of ever witnessing Simpson exhibit violence, and a pivotal exchange about whether Simpson had picked up Barbieri's 7 a.m. phone message on June 12 — along with a Bible-study conversation in which Simpson said 'I didn't do it. I never killed anyone,' which was struck as self-serving hearsay.

# 1 MR. PETROCELLI:

Thank you, Your Honor.

By videotape, Plaintiffs call Paula Barbieri.

# 2 (An edited version of the videotaped deposition of Paula Barbieri was played in open court.)

# 3 MR. PETROCELLI:

Stop it for a second.

Your Honor, just for clarification, the witness, throughout most of the deposition, kept referring to Sunday as June 11 --

# 4 MR. BAKER:

I object --

# 5 MR. PETROCELLI:

-- later on corrected it to June 12, because of the video editing, wasn't able to reflect that, just so there's no confusion.

# 6 THE COURT:

Okay.

# 7 (An edited version of the videotaped deposition of Paula Barbieri resumed playing in open court.)

# 8 MR. LEONARD:

Your Honor --

MR. P. BAKER: Your Honor, we'd object. It's speculation.

# 9 MR. BAKER:

I did in the depo.

# 10 MR. LEONARD:

The question is, did you understand Mr. Simpson already picked up your messages that you left on the Bentley phone.

# 11 THE COURT:

Sustained.

# 12 MR. PETROCELLI:

Your Honor, she indicates that from the --

# 13 MR. BAKER:

Let's not have speaking objections, to coin your phrase.

# 14 MR. PETROCELLI:

We need to be heard. They've had these designations --

# 15 MR. BAKER:

Let to go to side bar.

# 16 MR. PETROCELLI:

They didn't indicate to me in advance on this, and I will -- C.C.P. requires him to counter-designate and give me the objections. They did not do so.

# 17 THE COURT:

Okay.

# 18 MR. BAKER:

Does not --

# 19 THE COURT:

Overruled.

# 20 (An edited version of the videotaped deposition of Paula Barbieri resumed playing in open court.)

# 21 MR. BAKER:

It's overruled.

# 22 MR. BAKER:

Is it -- turn that -- wait a minute. Is it --

Turn that off.

# 23 MR. PETROCELLI:

You don't run the courtroom.

KEY QUOTE

# 24 THE COURT:

Give me the code section.

# 25 MR. PETROCELLI:

Okay. 2025. You have the code?

You have the code?

Your Honor, try 2025(l)(2)(I).

Is that an L?

And in addition, we would like to be -- to be heard on the substance of the objection.

# 26 THE COURT:

Okay.

Based on 2025(l)(2)(I), the objection is overruled.

# 27 MR. BAKER:

Your Honor, we objected in the deposition. We don't have to tell him we object again.

# 28 THE COURT:

It must be in writing.

# 29 MR. BAKER:

It is in writing. It's in the deposition.

# 30 MR. PETROCELLI:

That's not what the Code requires.

# 31 THE COURT:

It's not what the Code says.

# 32 MR. PETROCELLI:

Can you rewind it a little bit

# 33 (The videotape was rewound.)

# 34 (An edited version of the videotaped deposition of Paula Barbieri resumed playing in open court.)

# 35 (Videotape concluded playing.)

# 36 MR. PETROCELLI:

Your Honor, I wanted to hand the clerk, to give to Your Honor, a copy of the deposition.

We're going to have some significant objections.

# 37 MR. BAKER:

They better be in writing.

# 38 MR. PETROCELLI:

These don't have to be in writing, Your Honor, because he did not designate anything by way of videotape.

# 39 MR. BAKER:

Your Honor, we are required to -- and in this proceeding, there have been objections to interrogatories as they've come up, and so -- or in depositions, rather, and so since it seems that the rules are now changing, we object to any objections because they're not in writing from Mr. Petrocelli.

# 40 MR. PETROCELLI:

Your Honor, five minutes before we turned that tape on, I got for the first time, the defense designations of what they wanted read. I just got them about 1:30, 1:40 this afternoon.

# 41 MR. BAKER:

That's what we've been doing the whole trial, is giving designations back and forth.

# 42 MR. PETROCELLI:

The rule about the video designations applies when, obviously, you're preparing an edited tape in advance. We have some significant objections, both substantively and to the form of the questions, many of the topics, including beyond the scope of the -- of the direct.

# 43 MR. BAKER:

There is no beyond the scope, Your Honor, in a discovery deposition such as this.

# 44 MR. PETROCELLI:

This is trial testimony. You can read certain parts in your case.

# 45 (Pause in proceedings for the Court to read the Code Book.)

# 46 THE COURT:

The Court finds that the previous order that the court made is restricted to the videotape portion that was viewed. That's with respect to 2025(l)(2)(I). With respect to deposition testimony that is not presented by videotape, the Court will utilize 2025, subdivision M and subdivision U.

You may make your objection.

You may proceed.

# 47 (Portions of the deposition of Paula Barbieri were read by Mr. P. Baker reading the questions and Ms. Bluestein reading the answers.)

# 48 MR. PETROCELLI:

Objection. I have a stipulation from Mr. Baker on the fact that all these questions were leading and the -- it appears at page 308 in the deposition transcript.

I solicited a stipulation from Mr. Baker on leading grounds. He told me I had a standing objection. That's at page 310 of the transcript which you have in front of you, at line 10. And just so I don't say anything out loud, I would direct the Court's attention to page 367, lines 13 through 19, indicating this witness's status.

# 49 (Pause for the Court to review transcript.)

# 50 THE COURT:

I'll permit it.

MR. P. BAKER: Page 310, line 5. (Reading:)

"And Mr. Simpson had a grip bag that he took with him on most occasions when he traveled, did he not?

"A. Yes."

MR. P. BAKER: Now, page 311 line -- 311, line 3. (Reading:)

In the black bag that Mr. Simpson had, he almost always had his passport in there, did he not?

"A. Yes.

"Q. It was customary for him to have his passport wherever he went?

"A. Yes.

"Q. Now, did you usually carry a passport?

"A. I usually always do, except today.

"Q. All right. And we talked about Mr. Simpson's golf a little bit. He was an avid golfer, was he not?

"A. Yeah.

"Q. That look is exactly the same look I get from my wife, by the way.

"In any event, he would usually get up, if you were there, if you knew, early in the morning to go play golf, would he not?

"A. Before the sun came up.

"Q. And that was usually Saturday and Sunday at the very minimum, was it not?

"A. Every day.

"Q. Okay. All right. And were you ever aware of Mr. Simpson planning to use a disguise when he would take his children different places?

"A. I believe I testified already in the Grand Jury to the Knotts Berry Farm, if I remember correctly, that at the video shoot, the video makeup girl there was helping him with something that he was doing with his children. I can't be specific.

"Q. Did O.J. ever indicate to you that he would wear those disguises so he wouldn't have to give autographs and he could spend some time with his children?"

# 51 MR. PETROCELLI:

Objection. Hearsay.

# 52 THE COURT:

Overruled.

# 53 (Reading continued:)

# 54 MR. PETROCELLI:

Which I may have some objections here.

Which line?

MR. P. BAKER: 342, line 8.

# 55 MR. PETROCELLI:

Your Honor, if you want to read this question, I object to it. It's beyond the scope, and they can read it in their case, if they want.

I don't think it's relevant, either.

It's 342, line 8.

MR. P. BAKER: To -- 342, line 8, to 343, line 22.

# 56 MR. PETROCELLI:

In addition, they're self-serving hearsay in answer to the ensuing questions, plus relevance.

# 57 THE COURT:

Overruled.

MR. P. BAKER: 342, line 8. (Reading:)

"Q. All right. Now. In the entire time that you had been with Mr. Simpson as a friend or a girlfriend or whatever, had you ever seen Mr. Simpson exhibit any signs of violence?

"A. No.

"Q. Did you ever believe he was a violent man?

"A. No.

"Q. Did he ever indicate in the entire time that you and he had a relationship, albeit '93 or '94 that -- was he critical of Nicole in any way, shape or form?

"A. We didn't talk about Nicole.

"Q. And so he had never said anything to your knowledge that was critical of her. Correct?

"A. No.

"Q. Had he ever indicated to you that he thought she was -- she was a good mother to his children?

"A. Yes.

"Q. And on how many occasions had he mentioned to you that he thought she was a good mother to his children?

"A. I don't recall, but I have heard him say that sometime.

"Q. I want to go to this issue of whether or not he had ever indicated a denial of killing Nicole or Ron Goldman.

"You and he at times, after he was in jail, studied the bible together, did you not?

"A. Yes.

"Q. And you had a conversation with him while you were studying the bible, when he said, 'Why is God doing this to me? I didn't do it. I never killed anyone.'

"A. Yes."

# 58 MR. PETROCELLI:

Objection.

# 59 MR. BAKER:

That was not an infrequent subject.

# 60 MR. PETROCELLI:

That's objectionable hearsay. That's absolutely self-serving hearsay.

# 61 THE COURT:

That's self-serving. Sustained.

MR. P. BAKER: Page 362, line 1.

# 62 MR. PETROCELLI:

May that be stricken?

# 63 THE COURT:

Stricken.

# 64 MR. PETROCELLI:

Where, Mr. Baker?

MR. P. BAKER: 362, line 1.

# 65 MR. PETROCELLI:

Okay.

MR. P. BAKER: I'm sorry. That was already read. We're done.

# 66 MR. PETROCELLI:

I think a little redirect at 362, line 1.

# 67 MR. PETROCELLI:

(Reading:)

"Q. Now, in response to some questions by Mr. Baker about the messages you -- that Mr. -- that you left Mr. Simpson on the morning of June 12 at 7:00 o'clock a.m. message.

"Do you remember that message?

"A. Yes, sir.

"Q. I think Mr. Baker asked you if you knew if Mr. Simpson had ever picked that message up.

"Do you remember that question?

"A. Yes, sir.

"Q. And you responded that you didn't know.

"Do you remember your answer?

"A. Yes, sir.

"Q. But you testified earlier today, did you not, that by Mr. Simpson's three messages to you, you could tell he had picked up your earlier message. Correct?

"A. I believe I said I assumed.

"Q. You assumed it because Mr. Simpson said in words or in substance, 'What happened now? Last night we were talking about a house full of kids.' Is that correct?

"A. Yes, sir.

"Q. So it's your belief that he had picked up your earlier message of 7 o'clock. Correct?

"A. I assume.

"Q. That's your belief?

"A. Yes, sir."

# 68 MR. PETROCELLI:

Thank you.

No further redirect.

MR. P. BAKER: Nothing further.

# 69 THE COURT:

Ten minutes, ladies and gentlemen.

Don't discuss the case; don't form or express any opinions.

Temperature

procedural

Key Quotes (4)

Paula Barbieri (via deposition)

Why is God doing this to me? I didn't do it. I never killed anyone.

Simpson's out-of-court denial of the murders, introduced by the defense through Barbieri's Bible-study visits — then immediately struck by the court as self-serving hearsay.

Paula Barbieri (via deposition)

No. [She never saw Simpson exhibit any signs of violence; she never believed he was a violent man.]

Core defense character testimony directly countering the domestic violence narrative.

Paula Barbieri (via deposition)

I assume. / Yes, sir. [That Simpson had picked up her 7 a.m. June 12 message based on his return messages referencing it.]

Places Simpson as having received Barbieri's breakup message the morning of the murders, relevant to his state of mind and timeline.

Daniel Petrocelli

You don't run the courtroom.

Snapped at Baker after Baker told someone to turn off the tape, illustrating the combative atmosphere between lead counsel.

Evidence (3)

Informal

Edited videotaped deposition of Paula Barbieri

played in open court with pauses for objections

Informal

Printed deposition transcript (pages 308, 310-311, 342-343, 362 referenced)

provided to court; specific pages read aloud for non-video portions

Informal

7:00 a.m. June 12 voicemail message left by Barbieri for Simpson on the Bentley phone

discussed; Barbieri testified she assumed Simpson received it based on his reply messages

Notable Exchanges (3)

Daniel Petrocelli•Robert Baker•Hiroshi Fujisaki

Extended procedural fight over whether Baker was required to provide written counter-designations and objections before the video played. Petrocelli cited CCP 2025(l)(2)(I); Baker argued deposition objections already in the transcript were sufficient. Court sided with Petrocelli on the videotape portion, then differentiated rules for read-aloud portions.

heated

Paula Barbieri (via deposition)•P. Baker (reading questions)

Baker elicited that Barbieri never witnessed Simpson exhibit violence and never believed him violent — then read Simpson's Bible-study statement 'I didn't do it. I never killed anyone.' Petrocelli objected; court sustained and struck the statement.

strategic

Daniel Petrocelli•Paula Barbieri (via deposition)

Redirect on the June 12 phone message: Petrocelli walked Barbieri through the logical inference that Simpson must have heard her 7 a.m. message because his return messages referenced its content about 'a house full of kids.'

revealing

Light Moments (1)

P. Baker (in deposition)

During deposition questioning about Simpson's golf habits, Baker quipped: 'That look is exactly the same look I get from my wife, by the way' — apparently in response to Barbieri's expression when asked about golf.

Credibility Attacks (1)

⚔ OJ Simpson (via Barbieri testimony)

hearsay exclusion

Defense attempted to introduce Simpson's out-of-court denial ('I didn't do it. I never killed anyone.') through Barbieri's Bible-study testimony. Court struck it as self-serving hearsay, preventing the defense from getting the denial before the jury through this witness.

Objections

6 objections (2 sustained, 4 overruled)

Proceeding 8462 • 69 utterances • Prosecution witness

Civil Trial

Department 103