Direct examination of Jim Merrill (part 1)

📄 Direct examination of Jim Merrill (part 1) — Thursday, December 5, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\5\DIRECT-EXAMINATION-OF-JIM-MERR.DOC

TRIAL

▲ Day 26 of 57

◀ Witness scheduling Sidebar: Merrill testimony objections ▶

Witness: Jim Merrill
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Thursday, December 5, 1996 • Utterances: 375

Plaintiffs' counsel read selected portions of the deposition of Jim Merrill, a former Hertz commercial sales representative who escorted OJ Simpson at O'Hare Airport on the morning of June 13, 1994 — the morning after the murders. The testimony establishes Simpson's itinerary, his frantic series of phone calls to Merrill from the hotel, a mysterious crash sound and crying during one call, and Simpson's urgent need to get back to the airport. Notably, Simpson never mentioned a cut finger in any of the four phone conversations.

# 1 (The following proceedings were held in open court, in the presence of the jury.)

# 2 THE COURT:

Ladies and gentlemen, at this part of the trial, the plaintiff is going to offer into evidence, parts of the testimony of a witness whose deposition was videotaped. Because in a trial, the plaintiff has they're parts of the case they want to put on, there are certain parts of the deposition they feel is germane to their case, so they want to put that part on at this time.

The defense has their part that they think is germane to their defense, and they want to put that on.

Because in this instance, and perhaps in some of the other depositions, we will find that the deposition was videotaped, but for reasons of presentation of the evidence in terms of the way -- the segmented way that they want to present it, at this point, they are going to offer -- Plaintiff is going to offer reading of the deposition as it had been written. They're going to read it, and the defense is going to offer a portion of the deposition testimony that was also going to be read.

And then when the plaintiff finishes their case, the defense may put on the videotape of the rest of the deposition or those parts that they want to put on as part of their defense, which the plaintiff is not interested in putting on in their part.

So you may hear part of the deposition testimony through the medium of attorneys reading the transcript at this stage. Later on, you may hear and see parts of that same witness's deposition in real form.

I want to explain what is happening, so you won't be confused.

Have I confused you?

# 3 (Laughter.)

# 4 MR. LEONARD:

Thank you, Your Honor.

# 5 MR. PETROCELLI:

Thank you very much, Your Honor.

# 6 MR. PETROCELLI:

Page five.

# 7 THE COURT:

This is?

# 8 MR. PETROCELLI:

This is the -- this witness is Jim Merrill of the Hertz Corporation. His deposition was taken in Chicago on May 28, 1996.

Starting at page 5, Mr. Leonard.

# 9 (Selected portions of the deposition of Jim Merrill were read by Plaintiffs' Counsel, Mr. Petrocelli reading the questions, and Mr. Gelblum reading the answers.)

# 10 (Reading:)

# 11 Q:

Would you please state your name, spelling your last name for the record, please?

# 12 A:

Jim Merrill, M-e-r-r-i-l-l.

# 13 Q:

How old are you, Mr. Merrill?

# 14 A:

Twenty-eight.

# 15 Q:

Are you presently employed?

# 16 A:

Yes.

# 17 Q:

What do you do for a living?

# 18 A:

A mortgage broker.

# 19 Q:

How long have you been at your present employment?

# 20 A:

Since January of this year.

# 21 Q:

Prior to that, where were you employed, sir?

# 22 A:

Hertz Corporation.

# 23 Q:

What was your position at Hertz Corporation?

# 24 A:

I was a commercial sales representative.

# 25 MR. PETROCELLI:

Okay. Going down to line 15. (Reading:)

# 26 Q:

Now, drawing your attention to June 13, 1994, did you have an occasion to meet O.J. Simpson that day?

# 27 A:

Yes.

# 28 Q:

And where did you meet him?

# 29 A:

At O'Hare Airport.

# 30 MR. PETROCELLI:

Page 7, line 10.

# 31 (Reading:)

# 32 Q:

Where did you -- And where did you go to pick up Mr. Simpson?

# 33 A:

At the gate where he arrived.

# 34 MR. PETROCELLI:

Page 9, line 2. (Reading:)

# 35 Q:

After you met him at the gate, you walked to where, the baggage claim?

# 36 A:

Right.

# 37 Q:

How much time did you spend in the baggage claim area with Mr. Simpson, approximately?

# 38 A:

Good estimate, maybe 15 minutes.

# 39 Q:

And where did you -- where were you and Mr. Simpson during that 15 minutes?

# 40 A:

When we were in the baggage claim area?

# 41 Q:

Yes.

# 42 A:

We proceeded down the corridor, got in the baggage claim area and sat down on a bench, bench seat just in front of the baggage claim area to the right of where the bags were coming.

# 43 MR. PETROCELLI:

Page 52, line 2. (Reading:)

# 44 Q:

You and he were sitting on the bench, right? Correct?

# 45 A:

Correct.

# 46 Q:

And it became apparent when the luggage from the airplane started to come out onto the carousel, right?

# 47 A:

Yes.

# 48 Q:

Because you saw the carousel starting to turn around, right?

# 49 A:

Yes.

# 50 Q:

And luggage started coming down, right?

# 51 A:

Yep.

# 52 Q:

At that moment, Mr. Simpson got up, right?

# 53 A:

Yes.

# 54 Q:

And he walked over without asking you for permission, right?

# 55 A:

Yes.

# 56 Q:

And he didn't say to you, you know, Jim, come with me and we'll get my luggage, right?

# 57 A:

Yes.

# 58 Q:

He just got up and he went to that carousel leaving you behind without saying a word to you, true?

# 59 A:

Well, he said, "I'm going to get my golf bags -- my golf bag."

# 60 MR. BAKER:

Can we get page and lines, since we don't have this?

# 61 MR. PETROCELLI:

Page 52.

# 62 MR. BAKER:

You're skipping a bunch.

# 63 MR. LEONARD:

We've got no designation.

# 64 MR. PETROCELLI:

I'm not skipping anything.

# 65 MR. LEONARD:

Slow down a little bit.

# 66 MR. BAKER:

Give us a page when you're skipping.

# 67 MR. LEONARD:

I don't mind not having the designation; I'd like to him slow down.

# 68 MR. PETROCELLI:

Page 53. I started at 52, line 8.

We'll pick up again at page 53, line 1. (Reading:)

# 69 Q:

He just got up and went to that carousel leaving you behind without saying a word to you, true?

# 70 A:

Well, he said I'm going to get my golf bags -- my golf bag.

# 71 Q:

Okay. He said, "I'm going to get my golf bag," correct?

# 72 A:

Right.

# 73 Q:

And you waited there, right?

# 74 A:

Yes.

# 75 Q:

He didn't ask you to come along with him, right?

# 76 A:

No.

# 77 Q:

And he went to the carousel and he -- How long was he at the carousel?

# 78 A:

Maybe two minutes.

# 79 Q:

And during the two minutes that Mr. Simpson was at the carousel, that entire time you were sitting down at the bench, right?

# 80 A:

That's correct.

# 81 Q:

And you were watching the suit bag with the OJS initials on it, correct?

# 82 A:

Correct.

# 83 Q:

And the black duffel bag?

# 84 A:

That's correct.

# 85 Q:

Two minutes or so later Mr. Simpson returned?

# 86 A:

Right.

# 87 Q:

And when he returned he was duffle, carrying a golf bag, right?

# 88 A:

Right.

# 89 Q:

Now, when we talk about a golf bag, he was carrying in actuality a golf bag covered in a travel bag, right?

# 90 A:

Correct.

# 91 Q:

You couldn't see the actual clubs, right?

# 92 A:

No.

# 93 Q:

Could you see Mr. Simpson during the entire time he was waiting for the golf clubs?

# 94 A:

He was in sight, yes.

# 95 Q:

Were you looking at him the entire time?

# 96 A:

I'm sure I -- I wasn't staring at him.

# 97 Q:

You can't say here then that that entire time that he was standing there waiting to get his golf clubs that you were -- you had your eyes peered on him, right?

# 98 A:

Right.

# 99 Q:

So you weren't staring at him the whole time, correct?

# 100 A:

Correct.

# 101 MR. PETROCELLI:

Page 60, Mr. Leonard, line 11. (Reading:)

# 102 Q:

When you got in the car, you said that the golf clubs went in the trunk, right?

# 103 A:

That's correct.

# 104 MR. PETROCELLI:

Next page, Mr. Leonard, page 62, starting at line 19.

# 105 MR. LEONARD:

Please give me a second. You haven't -- you haven't given designations. Give me a second.

What line? What line?

# 106 MR. PETROCELLI:

Line 19.

# 107 MR. LEONARD:

Thanks.

# 108 (Reading:)

# 109 Q:

Was there any discussion in the car ride to the airport about additional arrangements concerning Mr. Simpson?

# 110 A:

In regards to the golf outing?

# 111 Q:

Yes.

# 112 A:

Yes.

# 113 Q:

And you and he discussed that you would be available to take him to the golf tournament?

# 114 A:

Yes.

# 115 Q:

Had that been prearranged, by the way?

# 116 A:

Yes.

# 117 MR. PETROCELLI:

Page 64, line 4, Mr. Leonard. (Reading:)

# 118 Q:

So when you and Mr. Simpson were discussing arrangements to get him to the golf course while you were driving him to the hotel, you then told him that you would be responsible for taking him to the course?

# 119 A:

Yes.

# 120 MR. PETROCELLI:

Page 65, line 12. (Reading:)

# 121 Q:

Didn't he tell you that he wanted to be able to reach you after you dropped him off at airport -- at the hotel?

# 122 A:

I'm sure he made mention of it, yes, sure.

# 123 Q:

And you explained to him how he could reach you, right?

# 124 A:

Yes.

# 125 Q:

And you did so by giving him two phone numbers, right?

# 126 A:

That's correct. Actually, three.

# 127 Q:

You gave him three phone numbers?

# 128 A:

That's correct.

# 129 Q:

You gave him your home number, right?

# 130 A:

That's correct.

# 131 Q:

You gave him your cell phone number?

# 132 A:

That's correct.

# 133 Q:

And what's the third number?

# 134 A:

It was on my business card. It's my office number as well.

# 135 Q:

And which number did you tell him to use?

# 136 A:

I believe I told him that the easiest way to get in touch with me would be through the cellular phone.

# 137 MR. PETROCELLI:

Page 67, line 2. (Reading:)

# 138 Q:

Did you and he discuss approximately what time you would come back to pick him up?

# 139 A:

Within a range, yes.

# 140 Q:

What was that?

# 141 A:

I was looking, if I recall correctly. For departure of around 11:30 at the hotel.

# 142 Q:

To arrive at the golf course by when?

# 143 A:

By noon.

# 144 MR. PETROCELLI:

Page 69, line 2 -- line 22. (Reading:)

# 145 Q:

When you went into the hotel with Mr. Simpson, you parked right in front of the hotel?

# 146 A:

Yes, I did.

# 147 Q:

And did you go out to get the golf clubs, to open the trunk to get the golf clubs?

# 148 A:

I don't recall doing that. I recall getting out of the car and walking straight to the lobby. And we had a discussion on the -- about the golf clubs.

# 149 Q:

What was that discussion?

# 150 A:

Just basically that we were going to be getting back together later that morning and that it would be simpler to leave the clubs in my possession.

# 151 Q:

So when Mr. Simpson left your car that morning, he left the clubs with you in the car, right?

# 152 A:

Yes.

# 153 Q:

And based on your conversation with him, you and he had discussed that those clubs would remain in your care, correct?

# 154 A:

That's correct.

# 155 Q:

And that you would be coming back to get him, correct?

# 156 A:

Correct.

# 157 Q:

With the clubs, correct?

# 158 A:

Correct.

# 159 Q:

Did Mr. Simpson ask you where you lived or where you were going?

# 160 A:

No.

# 161 Q:

Did you tell him that you were going home, though?

# 162 A:

Yes.

# 163 Q:

And that's why you gave him the home number, right?

# 164 A:

That's right.

# 165 Q:

So based on the understanding that you made with him when you left him at the hotel, you were going to go back home, wait for his phone call, then come back, right?

# 166 A:

Or call him. One way or another, we were going to get in touch and coordinate later that morning.

# 167 MR. PETROCELLI:

Page 72, Mr. Leonard, line 3. (Reading:)

# 168 Q:

During the time you conversed with Mr. Simpson that entire morning, did he talk at all about Nicole, his ex-wife?

# 169 A:

Yes.

# 170 Q:

What did he say?

# 171 A:

We add brief discussion about what he was doing the day before. Actually I couldn't understand why he took a late flight out.

# 172 Q:

You asked him why he took a late flight out?

# 173 A:

Right.

# 174 Q:

And what did he say?

# 175 A:

He said that he wanted to go to his daughter's recital, dance recital, that he had been working on a lot of projects lately that have been taking up a lot of his time and that Nicole was on him about not spending time with the children, was basically giving him a hard time about that.

KEY QUOTE

# 176 Q:

Now, this is the first time you ever spoke to Mr. Simpson, right?

# 177 A:

Yes.

# 178 Q:

And he told you all of that?

# 179 A:

In a couple brief sentences, yes.

# 180 MR. PETROCELLI:

Page 74, line 1. (Reading:)

# 181 Q:

Now, when you picked him up at the airport, he was -- you recall what he was wearing?

# 182 A:

Yes, I do.

# 183 Q:

And what was that?

# 184 A:

I recall blue jeans with a blue jean shirt, loafers, some sort of loafer shoe, black loafers I recall.

# 185 Q:

And no socks, correct?

# 186 A:

Did not remember seeing any socks.

# 187 Q:

When you went inside the hotel, Mr. Simpson went right to the front desk?

# 188 A:

We both did, yes.

# 189 MR. PETROCELLI:

Page 76, Mr. Leonard, line 2. (Reading:)

# 190 Q:

Do you know whether someone took his bags up to the room for him?

# 191 A:

I do not recall. I recall him walking towards the elevator, and that was the end of that.

# 192 Q:

Now, the next morning -- First of all, you drove right back to your house, right?

# 193 A:

Yes, straight to my house.

# 194 Q:

Did you stop anyplace?

# 195 A:

No.

# 196 Q:

Did you ever take the clubs out of the trunk?

# 197 A:

No, surprisingly.

# 198 Q:

Why surprisingly?

# 199 A:

Well, just afterwards speculating what kind of clubs, he played with, things of that nature.

No, I never looked at the clubs.

# 200 MR. PETROCELLI:

Page 77, Mr. Leonard, line 6. (Reading:)

# 201 Q:

And at some point you got a phone call, right?

# 202 A:

Yes.

# 203 Q:

And the first phone call you got that morning was from Mr. Simpson?

# 204 A:

That's correct.

# 205 Q:

And it was on your cell phone?

# 206 A:

On my cellular phone.

# 207 Q:

And you're sure of that?

# 208 A:

I'm positive.

# 209 MR. PETROCELLI:

And, Mr. Leonard, page 79, line 5. (Reading:)

# 210 Q:

Now, in this first telephone call, it came in from Mr. Simpson's hotel room, as you understand it?

# 211 A:

Yes.

# 212 Q:

And I'm looking at his telephone bill from his hotel room which has been previously marked as Exhibit 72 to these depositions, and it shows a call to (708)337-4150. That was your cell phone number, right?

# 213 A:

Yes.

# 214 Q:

And it shows three calls to that number, and all three were to your cell phone, correct?

# 215 A:

Take that's correct.

# 216 Q:

In any of those three phone calls to your -- to you made by Mr. Simpson from his hotel room, did he mention to you anything about cutting his finger?

# 217 A:

Not -- No.

# 218 Q:

Later on he did?

# 219 A:

No, no. I believe it was the third conversation when I heard a crash. He didn't say anything about cutting his finger. That was when he proceeded to start crying.

# 220 Q:

And the crash that you heard is kind of like glass breaking?

# 221 A:

I heard a disturbance in the background. I can't tell you whether it was glass breaking or not.

KEY QUOTE

# 222 Q:

Did you ask him if everything was okay?

# 223 A:

I didn't even address that noise.

# 224 Q:

But this was the conversation in which Mr. Simpson apparently put the phone down, correct?

# 225 A:

That's correct.

# 226 Q:

And it was at that point in time that you heard this crash, correct?

# 227 A:

Yes.

# 228 Q:

And then some time elapsed and then he picked up the phone again, correct?

# 229 A:

That's correct.

# 230 Q:

And how long of a time do you think went by when the phone was laid down by Mr. Simpson and you were out of contact with him on the cell phone call?

# 231 A:

Oh, boy. It was very brief.

# 232 Q:

Ten seconds?

# 233 A:

Not even that.

# 234 Q:

Five seconds?

# 235 A:

Two to five seconds.

# 236 Q:

Two to five seconds?

# 237 A:

Right. And the crash that I heard could have been the phone hitting something. I can't tell what you what it was.

# 238 Q:

Well, you said crash?

# 239 A:

Well, the noise that I heard.

# 240 Q:

Could it also have been glass breaking?

# 241 A:

It could have been anything.

# 242 Q:

Any conversation in that call about his finger?

# 243 A:

No.

# 244 Q:

Or a cut on his finger?

# 245 A:

No.

# 246 Q:

Or in any of those calls?

# 247 A:

No.

# 248 Q:

Now, in these three phone calls that Mr. Simpson made from his phone -- room to you and your cell phone, did he at any time discuss wanting to get you to pick him up and get his golf clubs and go back to Los Angeles?

# 249 A:

None of the conversations addressed the golf clubs. They all --

# 250 Q:

But he wanted you to come, right?

# 251 A:

As quickly as I could, yes.

# 252 Q:

And in the very first conversation, did you point out that you were roughly 30, 40 minutes from his hotel?

# 253 A:

No, I did not.

# 254 Q:

Did you tell him when you would be there? Did you say I'll be there in two minutes or I'll be there in a half-hour?

# 255 A:

No.

# 256 Q:

You're saying that you did not at all make clear to Mr. Simpson how long it would take for you to get there?

# 257 A:

Not on the first conversation.

# 258 Q:

But you did in one of the other two conversations?

# 259 A:

Yes.

# 260 Q:

In the second one?

# 261 A:

Yes.

# 262 Q:

And what did you tell him in the second one?

# 263 A:

I just let him know that I was a good dance away from where he was that it would take me some time, that there may be better alternatives out there for him to get back to the airport.

# 264 Q:

And he said to you try to make it, right?

# 265 A:

Yes. I told him that I would try to get there.

# 266 Q:

And he did not tell you not to come, right?

# 267 A:

No.

# 268 Q:

In fact, the way he left it with you after that second call is that even though you were quite a ways away, you were still going to try to pick him up at the airport, right?

# 269 A:

At the hotel.

# 270 Q:

Excuse me. That you were still going to try to pick him up at the hotel and get him to the airport, right?

# 271 A:

Yes.

# 272 Q:

And then in the third call he made to you he again indicated to you that he wanted you to get there as quickly as possible?

# 273 A:

Yes. He was wondering where I was and just wondering when I was going to be there.

# 274 MR. PETROCELLI:

Page 85, Mr. Leonard, line 10. (Reading:)

# 275 Q:

According to the time listed on your phone records, the first call was received on your cell phone on it's morning of June 13 at what time?

# 276 A:

8:25 a.m.

# 277 Q:

8:25?

# 278 A:

That's correct.

# 279 MR. PETROCELLI:

Going down to line 22. (Reading:)

# 280 Q:

Okay. The next call that you received from Mr.1Simpson by looking at your cell phone records took place when?

# 281 A:

8:32 a.m.

# 282 Q:

So that was seven minutes later?

# 283 A:

That's correct.

# 284 Q:

And that's the call when you told him about maybe he should take alternative transportation because you were quite a distance away, correct?

# 285 A:

That's right.

# 286 Q:

But he still had said -- excuse me -- but he still said he wanted you to come get him, right?

# 287 A:

That's correct.

# 288 Q:

Then the next call that came in was at what time?

# 289 A:

8:34 a.m.

# 290 Q:

Two minutes later?

# 291 A:

Two minutes later.

# 292 Q:

And same thing discussed in that call?

# 293 A:

Right. And that's when I addressed the issue of his behavior at that time.

# 294 Q:

What do you mean?

# 295 A:

Well, he seemed very -- even more desperate at that point.

# 296 Q:

And that's when the phone dropped?

# 297 A:

Yes.

# 298 Q:

And you again brought up the subject in that third call that perhaps he should take a cab or some other alternative transportation, right?

# 299 A:

Yes.

# 300 Q:

And he did not tell you to stop coming to the airport in that third call, right?

# 301 A:

No, he did not.

# 302 Q:

In fact, the way it was left is that you were still going to try to get him, right?

# 303 A:

That's right.

# 304 Q:

Now, you then called him shortly thereafter, right?

# 305 A:

Correct.

# 306 Q:

You called the hotel?

# 307 A:

That's correct.

# 308 Q:

And somehow by getting in touch with the front desk were transferred to Mr. Simpson, right?

# 309 A:

That's correct.

# 310 Q:

And first you called directory assistance to get the phone number, right?

# 311 A:

That's correct.

# 312 Q:

That's indicated on your cell phone records, right?

# 313 A:

Right.

# 314 Q:

And you did that at 8:47 a.m., which is 13 minutes after your phone call -- your third phone call with Mr. Simpson, true?

# 315 A:

That's right.

# 316 Q:

And then you got the number and then you called the hotel, right?

# 317 A:

That's correct.

# 318 Q:

And you called the hotel at what time?

# 319 A:

According to the records, 8:48 a.m.

# 320 Q:

And it took a little while for Mr. Simpson to get on the phone, right?

# 321 A:

Yes.

# 322 Q:

First you were transferred to his room, right?

# 323 A:

No. They said that Mr. Simpson had checked out of the hotel.

# 324 Q:

And then you said can you find him?

# 325 A:

Yes. I let them know who I was and that it was very important, that it was a matter of urgency.

# 326 Q:

You were put on hold, right?

# 327 A:

I can't remember -- I was -- whether I was put on hold or the phone was placed down, yes.

# 328 Q:

So some time elapsed and then you were connected to Mr. Simpson, right?

# 329 A:

That's correct.

# 330 Q:

And in that conversation you told Mr. Simpson that you would be there in a matter of how many minutes, ten minutes or so?

# 331 A:

Yes, ten, fifteen minutes. I was actually making very good time.

# 332 Q:

And Mr. Simpson said get here as quickly as you can, right?

# 333 A:

He just said, "Well, maybe I'll go with you then." That's what I recall.

# 334 Q:

So by the time you hung up that fourth phone call with Mr. Simpson which you placed -- which call was placed at 8:48 a.m., you still left it with him that you were going to try to get there to get him to the airport, right?

# 335 A:

Yes.

# 336 Q:

And he said, maybe I'll go with you then, right?

# 337 A:

Right.

# 338 Q:

And according to your phone records, how long did that call with Mr. Simpson that you placed at 8:48 a.m. on June 13 take place?

# 339 A:

Two minutes.

# 340 Q:

So you got off the phone with him roughly at 8:50?

# 341 A:

That would be good, accurate.

# 342 Q:

At 8:50 a.m., Mr. Simpson told you that he would wait for you, right?

# 343 A:

Yes.

# 344 Q:

Now, when you got to the hotel --

# 345 MR. LEONARD:

Where are we?

Oh, okay. I got it.

# 346 (Reading:)

# 347 Q:

When you got to the hotel, do you know what time it was?

# 348 A:

No, I don't have an accurate -- I have no idea. I was in such a hurry, I didn't look at my watch to be specific.

# 349 MR. PETROCELLI:

Can you -- could you slow down a little bit?

# 350 MR. GELBLUM:

Sure.

# 351 MR. LEONARD:

You're in a hurry; I can see that.

# 352 (Reading:)

# 353 Q:

Was it 9 o'clock?

# 354 MR. GELBLUM:

Did you get that Gina.

THE COURT REPORTER: Um-hum.

# 355 A:

It could have been.

# 356 Q:

When you pulled up, you -- did you get out of the car to look for Mr. Simpson?

# 357 A:

I got out of car to go into the lobby to look for Mr. Simpson.

# 358 Q:

And who did you encounter? Did you encounter John Johnson?

# 359 A:

Yes, I did.

# 360 Q:

Do you know who John Johnson was?

# 361 A:

Absolutely.

# 362 Q:

And when you saw John Johnson, he told you that Mr. Simpson had just left?

# 363 A:

That's correct.

# 364 Q:

And you had just missed him, right?

# 365 A:

That's correct.

# 366 Q:

And Mr. Johnson told you that you were to take Mr. Simpson's clubs to the airport to try to get them to him, correct?

# 367 A:

He didn't tell me to. He didn't tell me to get them --

# 368 Q:

He didn't mention anything to you about the golf clubs?

# 369 A:

No.

# 370 Q:

Nothing at all?

# 371 A:

Nothing. That I recall, no. He just said that he had just left with Kilduff. It was Dave, Dave Kilduff, obviously, and that I had just missed him. At this point I went out to the car myself and went to the airport.

# 372 Q:

Did you tell Mr. Johnson that you were going to then go off to the airport to try to deliver his clubs to him?

# 373 MR. LEONARD:

I have an objection, Your Honor. Can we -- okay.

# 374 MR. LEONARD:

Keeping in mind we got no designation --

# 375 MR. PETROCELLI:

Your Honor, I object to these repeated comments about designations. I've given them what we intended to read.

Temperature

procedural

Key Quotes (4)

Jim Merrill (via deposition read by Gelblum)

He said that he wanted to go to his daughter's recital, dance recital, that he had been working on a lot of projects lately that have been taking up a lot of his time and that Nicole was on him about not spending time with the children, was basically giving him a hard time about that.

Simpson volunteered information about tension with Nicole to a stranger he had just met, establishing their troubled relationship the day before her murder.

Jim Merrill (via deposition read by Gelblum)

He didn't say anything about cutting his finger. That was when he proceeded to start crying.

Simpson was crying during the 8:34 AM call on June 13 — hours after the murders — and never mentioned cutting his finger to Merrill despite multiple phone calls.

Jim Merrill (via deposition read by Gelblum)

I heard a disturbance in the background. I can't tell you whether it was glass breaking or not.

A crash or disturbance was audible during the third call, followed immediately by Simpson putting the phone down and then crying — suggestive of agitation.

Jim Merrill (via deposition read by Gelblum)

He just said, 'Well, maybe I'll go with you then.'

Simpson's last words to Merrill at 8:50 AM were still planning to go to the airport together, making his subsequent sudden departure with Kilduff notable.

Evidence (3)

Exhibit 72

Simpson's hotel room telephone bill showing three calls to Merrill's cell phone (708-337-4150) on the morning of June 13, 1994

discussed, used to establish precise call times of 8:25, 8:32, and 8:34 AM

Informal

Merrill's personal cell phone records showing calls placed and received on June 13, 1994, including his 8:47 AM directory assistance call and 8:48 AM call to the hotel

discussed to corroborate timeline

Informal

OJ Simpson's golf bag (covered in a travel bag) left in Merrill's car trunk after hotel drop-off

discussed

Notable Exchanges (3)

Petrocelli•Baker•Leonard

Repeated interruptions by defense counsel complaining about the pace of the reading and lack of advance page/line designations. Petrocelli objects to the interruptions; Leonard asks him to slow down.

testy/procedural

Merrill (deposition)•Examiner (deposition)

Extended examination of the three frantic phone calls from Simpson to Merrill's cell — establishing Simpson's escalating desperation, the crash sound, and the crying — while confirming Simpson never mentioned cutting his finger.

revealing

Merrill (deposition)•Examiner (deposition)

Merrill arrives at the hotel roughly around 9 AM only to be told by John Johnson that Simpson had 'just left with Kilduff' — establishing Simpson departed without his golf clubs and without waiting as he had agreed.

strategic

Light Moments (3)

Hiroshi Fujisaki

Judge Fujisaki explains the unusual deposition-reading procedure at length, then asks the jury 'Have I confused you?' drawing laughter from the courtroom.

Dan Leonard

When Petrocelli asks Gelblum to slow down, Leonard quips: 'You're in a hurry; I can see that.'

Jim Merrill (deposition)

Merrill says he 'surprisingly' never looked at Simpson's golf clubs despite keeping them in his trunk, explaining he was curious about what kind of clubs OJ played.

Credibility Attacks (1)

⚔ OJ Simpson (via Merrill's testimony)

prior inconsistent conduct / omission

Merrill confirms Simpson never mentioned cutting his finger in any of his four phone calls on the morning of June 13 — undercutting Simpson's later explanation for blood evidence that he cut himself on a glass in the hotel room.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 8500 • 375 utterances • Plaintiff witness

Civil Trial

Department 103