Deposition of Robert Kardashian

📄 Deposition of Robert Kardashian — Friday, December 6, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\6\DEPOSITION-OF-ROBERT-KARDASHIA.DOC

TRIAL

▲ Day 27 of 57

◀ Kardashian deposition announcement Rufo deposition announcement ▶

Witness: Robert Kardashian
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Friday, December 6, 1996 • Utterances: 260

Robert Kardashian's deposition is read into the civil trial record, covering his long friendship with OJ Simpson dating to 1970 and focusing primarily on June 14, 1994 — the day after the murders. Petrocelli uses it to establish that Simpson made an unusual trip to LAX to retrieve his golf clubs while in shock, and that Kardashian himself found the request odd. Baker's defense redirects to limit evidence of injury to a single small cut on Simpson's left middle finger.

# 1 Q:

When did you first meet Mr. Simpson?

# 2 A:

1970.

# 3 MR. PETROCELLI:

Down to line 23. (Reading:)

# 4 Q:

After that first meeting of Mr. Simpson, did you develop a relationship with him?

# 5 A:

Yes, sir.

# 6 Q:

You became close friends to him?

# 7 A:

Yes.

# 8 Q:

And did you see him and socialize with him, in addition to providing or having business interests with him, from the early 70s onward?

# 9 A:

Yes.

# 10 MR. PETROCELLI:

Okay. Page 90, line 21. (Reading:)

# 11 Q:

Did you share -- did Mr. Simpson live with you at some point prior to his getting married to Nicole?

# 12 A:

Yes, he did.

# 13 MR. PETROCELLI:

Now, moving over to page 245, beginning at line 6.

Wait a second.

For context, we're at Mr. Simpson's office in Brentwood on June 14.

# 14 (Reading:)

# 15 Q:

Can you tell me what the substance of the conversation you had with Mr. Taft at this time at the office was?

# 16 A:

Sure.

# 17 Q:

Okay.

# 18 A:

Let's call Robert Shapiro.

# 19 Q:

Short conversation?

# 20 A:

Pretty much. I mean, that was the essence of it. All I know is, we picked up the phone and called Shapiro.

# 21 MR. PETROCELLI:

Now, going over to page 249 at line 8. (Reading:)

# 22 Q:

And what happened next, after you had this conversation with Shapiro about reactivating your license?

# 23 A:

Mr. Shapiro left and we had telephoned A.C. I believe O.J. did; I don't think I did; I think he did.

# 24 Q:

Can you speak up a little, Mr. Kardashian; it's hard to hear you.

# 25 A:

I'm sorry.

Mr. Simpson telephoned Mr. Cowlings and -- 'cause Mr. Cowlings was to bring his children to my house, and he asked Mr. Cowlings, you know, when would he be up to my house. And Mr. Cowlings had indicated he hadn't left yet, but he would be there in about an hour, hour and a half, something to that effect.

# 26 Q:

And after that phone call was made, what happened after that?

# 27 A:

Mr. Simpson, either he or Mr. Taft called Hertz to find out about his golf clubs -- I believe Mr. Simpson did -- and got the individual, whose name I don't know, on the phone and asked him about where his golf clubs were.

# 28 Q:

Did you see Mr. Simpson writing things down as he made that phone call?

# 29 A:

I don't recall.

# 30 Q:

Do you recall anything else Mr. Simpson said while he was on the phone?

# 31 A:

No, no.

# 32 Q:

Okay.

Did he make any other phone calls after that?

# 33 A:

I don't think so.

# 34 Q:

What happened next?

# 35 A:

O.J. asked me if I would drive him to the airport to get his golf clubs and --

# 36 Q:

And what did you say?

# 37 A:

And I said, sure.

He said -- you know, so we drove to --

# 38 Q:

Okay. Okay.

Anything else before you left the office?

# 39 A:

I don't think so.

# 40 Q:

Did you say anything to Skip Taft when you were leaving?

# 41 A:

I'm sure -- I don't recall, but I would imagine we told Skip where we were going, and then we would be at my house after that.

# 42 Q:

Where did you tell Skip Taft you were going?

# 43 A:

To the airport, to get O.J.'s golf clubs.

# 44 Q:

Did you hear Simpson say anything to Taft?

# 45 A:

I -- again, I'm sure Simpson is the one who said it to him and not me, I would imagine, but I don't know for sure.

# 46 Q:

Did Skip Taft display any reaction to the statement that you were going to the airport to get the golf clubs?

# 47 A:

Not that I recall, no.

# 48 Q:

Okay. What happened next?

# 49 A:

We went to American Airlines -- I think it was American.

# 50 Q:

You drove the Rolls Royce?

# 51 A:

Yes, drove the Rolls Royce.

# 52 Q:

You and Mr. Simpson?

# 53 A:

Yes.

# 54 MR. PETROCELLI:

Skipping down to line 23 on page 252.

# 55 (Reading:)

# 56 Q:

Did you have any conversation on the way to the airport?

# 57 A:

Yes.

# 58 Q:

Can you relate to me any of the substance of that conversation you had on the way to the airport?

# 59 A:

I really don't remember much of the conversation.

# 60 Q:

Do you recall any part of the conversation being about Mr. Simpson playing golf?

# 61 A:

No.

# 62 Q:

Do you remember any part of the conversation being about why Mr. Simpson needed his golf clubs?

# 63 A:

No.

# 64 Q:

Do you recall any part of the conversation being that Mr. Simpson had golf plans the next few days?

# 65 A:

No.

# 66 Q:

Any -- well, do you recall any part of the conversation being about Nicole?

# 67 A:

I just don't remember. I couldn't answer it. I don't recall.

# 68 Q:

No recollection as to the substance of the conversation?

# 69 A:

I don't know what we talked about.

# 70 Q:

How long of a drive is it from Rockingham to the airport?

# 71 A:

Well, we were at Skip's office --

# 72 Q:

Yeah.

# 73 A:

-- so --

# 74 Q:

How long a drive was it that morning when you went to the airport?

# 75 A:

About 20 minutes.

# 76 Q:

And you have no recollection of any of the conversation?

# 77 A:

No, I do not.

# 78 Q:

Could you describe Mr. Simpson's general demeanor during that drive to the airport?

# 79 A:

He was very -- I just took it that he was pretty much in shock the whole week. He wasn't the way he was previously.

KEY QUOTE

# 80 Q:

I'm asking specifically on the drive to the airport, could you describe his demeanor to me?

# 81 A:

He was pensive. He was quiet, which is unlike him.

KEY QUOTE

# 82 Q:

Do you recall him even speaking at all on the way?

# 83 A:

I --

# 84 Q:

Let me finish the question.

# 85 A:

I'm sorry.

# 86 Q:

Do you recall Mr. Simpson even speaking at all from the time you left the office till the time you arrived at the airport?

# 87 A:

I don't know.

# 88 Q:

And did you go to the arrivals or departures of American Airlines?

# 89 A:

Down below. I can't recall if it -- it would be -- arrivals, I believe, is down below.

# 90 Q:

What, if anything, happened next?

# 91 A:

We got out of the car.

# 92 Q:

Both of you?

# 93 A:

Yes.

# 94 Q:

Did you park curbside?

# 95 A:

Yes.

# 96 Q:

In the no-parking zone?

# 97 A:

Yes.

And we went to the baggage -- there's a baggage claim window for luggage that's been left there -- I don't know what it's called -- and we went to that window and asked.

KEY QUOTE

# 98 Q:

You say "we." Did you or did Mr. Simpson?

# 99 A:

I believe -- I believe he did. I believe he did.

# 100 MR. PETROCELLI:

Down to page 18 -- excuse me, line 18 -- actually, 19.

# 101 (Reading:)

# 102 Q:

What happened next, after you went to the window?

# 103 A:

He asked where his golf clubs were or where the luggage would be from a certain flight number. And I remember the lady told us where it was, which was -- I don't recall, but it was the next carousel over, the next section over, something like that. Then we turned and we walked over there.

# 104 Q:

And did you observe Mr. Simpson's golf clubs somewhere?

# 105 A:

Yes.

# 106 Q:

And where were they?

# 107 A:

They were -- actually an attendant was there, and if I'm not mistaken, he picked them up, and Mr. Simpson then took them and we put them in the trunk of my Rolls Royce.

# 108 Q:

Did the attendant just pick them up and hand them to Mr. Simpson?

# 109 A:

Yes.

# 110 Q:

Did the attendant carry them any distance at all, or did he just turn around and hand them directly to Mr. Simpson?

# 111 A:

My recollection is, he just handed them to him.

# 112 Q:

Did Mr. Simpson submit any claim check or any sort of ticket to the attendant before taking the clubs?

# 113 A:

No.

# 114 MR. PETROCELLI:

Down to line 24 and the next page. (Reading:)

# 115 Q:

Where did he place it in your car?

# 116 A:

In my trunk.

# 117 Q:

And what happened next?

# 118 A:

We drove to my house.

# 119 Q:

Directly?

# 120 A:

Directly, yes.

# 121 Q:

Had you done any other driving with Mr. Simpson that morning, other than from Rockingham to the San Vicente office, and then San Vicente to the airport?

# 122 A:

I don't believe so. No, I don't think so.

# 123 Q:

Any discussion of going anywhere other than to the office and then to the airport?

# 124 A:

I don't think so. I think he just said, let's go get my golf clubs.

# 125 MR. PETROCELLI:

Okay. Now going to page 263, line 2. (Reading:)

# 126 Q:

When was it -- did you ever see Mr. Simpson's golf bag again after you pulled into your residence on June 14? A. Yeah.

# 127 Q:

When was that?

# 128 A:

I saw it every day.

# 129 Q:

Well, did you remove it?

# 130 A:

I saw it the next day.

# 131 Q:

Did you take it out of your trunk that day when you arrived there?

# 132 A:

Either I -- I think I did. Either I did or my housekeeper did, one of the two.

# 133 Q:

Do you know where that golf bag was placed?

# 134 A:

Yes. It was placed in my garage.

KEY QUOTE

# 135 Q:

Do you recall placing it in there yourself?

# 136 A:

I don't recall. But my pattern is, I would have probably placed it there myself.

# 137 Q:

Did you leave it in that travel bag it was in?

# 138 A:

Yes.

# 139 Q:

Did you ever open that travel bag?

# 140 A:

That day?

# 141 Q:

First of all, that day.

# 142 A:

No.

# 143 Q:

Did you open it any of the days following that?

# 144 A:

Yes.

# 145 Q:

What day?

# 146 A:

Oh, I don't know. It would have been maybe a week after he was arrested. I don't know when, but after his arrest.

# 147 Q:

Did you ever see Mr. Simpson touch that golf bag after you arrived at your residence that day?

# 148 A:

Yes.

# 149 Q:

When was that?

# 150 A:

I don't know, it was either -- I think it was Wednesday evening.

# 151 Q:

What, if anything, did you observe him do with the golf bag?

# 152 A:

I saw him take a golf club out.

# 153 Q:

Was the travel bag still on the bag?

# 154 A:

Yes.

# 155 Q:

You saw him open the travel bag --

# 156 A:

Yes.

# 157 Q:

-- correct?

Did you see him lift the golf bag out of the travel bag?

# 158 A:

No.

# 159 Q:

Just peel the travel bag down?

# 160 A:

Yes.

# 161 Q:

And removed one club?

# 162 A:

Yes.

# 163 Q:

You know which club he removed?

# 164 A:

No, I do not.

# 165 Q:

What did he do with the club?

# 166 A:

It was an iron.

# 167 Q:

Okay.

# 168 A:

He went for a walk and he was swinging the golf club.

# 169 Q:

Did you walk out to the garage with him when he went to get the golf club?

# 170 A:

Yes.

# 171 Q:

Did he tell you he was going to the garage to get a golf club?

# 172 A:

No, he -- no.

# 173 Q:

No?

# 174 A:

No.

# 175 Q:

Were you having a conversation with him as he walked to the golf bag -- as he walked to the golf bag in the garage?

# 176 A:

He said, I'm going to go for a walk.

# 177 Q:

And did he ask you to go with him?

# 178 A:

No.

# 179 Q:

Did he ask you to follow him to the garage?

# 180 A:

No.

# 181 MR. PETROCELLI:

The last page, 595, at line 24. (Reading:)

# 182 Q:

Now, when you left the office and went to get the golf clubs, your plan was to get the golf clubs and then head to your home in Encino, true?

# 183 A:

Correct.

# 184 Q:

And he, referring to Mr. Simpson, requested that you go to the airport to get the golf clubs, is that true?

# 185 A:

Yes.

# 186 Q:

And if you left the office and went to your home, you would have gone north, is that true?

# 187 A:

South.

# 188 Q:

Your home is south of the office?

# 189 A:

Oh, I'm sorry, no, I didn't go home, I went to the airport.

# 190 Q:

I understand that.

If you didn't go to the airport, you went directly from your office to your home --

# 191 A:

I'm sorry?

# 192 Q:

-- would you go north? Is that correct?

# 193 A:

That's correct.

# 194 Q:

From his office.

And in order for you to go to the airport, you had to go south first, correct?

# 195 A:

That's right.

# 196 Q:

Completely the opposite direction of your house, right?

# 197 A:

Yes.

# 198 MR. PETROCELLI:

597, line 17.

# 199 (Reading:)

# 200 Q:

But you thought that was somewhat of an odd request, didn't you, that someone who's wife had been killed 36 hours earlier wanted to go to an airport to pick up golf clubs; isn't that true?

# 201 MR. BAKER:

Objection, irrelevant, vague.

# 202 THE COURT:

Overruled.

# 203 (Reading:)

# 204 A:

Yes.

# 205 Q:

And did you question at all, Mr. Simpson, at this point, with respect to whether there was something in that golf bag that he wanted to get?

# 206 MR. PETROCELLI:

Let me -- there are some objections. Let me skip down to line 11, Mr. Baker, okay?

# 207 MR. BAKER:

Okay.

# 208 MR. PETROCELLI:

And my question is:

# 209 (Reading:)

# 210 Q:

Given the oddity of that request, is there anything that you asked him about -- relative to whether he needed something from the golf bag?

# 211 MR. PETROCELLI:

Another objection.

Another question.

# 212 MR. BAKER:

I move to strike that.

# 213 MR. PETROCELLI:

I thought there was an answer. There's another objection. So I'll go to the next question. (Reading:)

# 214 Q:

Did you ask him why he wanted to go to the airport to get the golf clubs?

# 215 A:

No.

# 216 Q:

Was there any discussion about his motivation behind going to the airport to get the golf clubs?

# 217 A:

No.

# 218 Q:

Did you suggest to him that he could have them delivered?

# 219 A:

No.

# 220 MR. PETROCELLI:

No further questions.

MR. P. BAKER: Page 201, line 13.

# 221 (Reading:)

# 222 Q:

You indicated earlier that you -- there was a very noticeable swollen knuckle and cut on Mr. Simpson's left middle finger?

# 223 A:

Yes.

MR. P. BAKER: Page 208, line 21.

KEY QUOTE

# 224 (Reading:)

# 225 Q:

Did you observe any other cuts on any other fingers of that left hand?

# 226 A:

No, I did not.

# 227 Q:

Any abrasions?

# 228 A:

No.

MR. B. BAKER: Page 435, line 3.

# 229 (Reading:)

# 230 Q:

Did you see -- how many cuts did you see?

# 231 A:

I just saw that -- the cut on the top of his middle finger on his left hand.

KEY QUOTE

# 232 Q:

And how long was that cut?

# 233 A:

I'm not good at this. Maybe -- maybe a half inch, maybe a quarter. I -- it covered -- it went past his knuckle, so I guess maybe half an inch.

MR. P. BAKER: Page 436, line 14. (Reading:)

# 234 Q:

Is the only mark or cut or injury, bruise, abrasion that you saw on Mr. Simpson before noon on the 14th, that single cut on his middle finger?

# 235 A:

Yes, sir.

MR. P. BAKER: Then we're going to go to your section.

Do you have the -- we're going to need the bigger deposition.

452, line 4.

# 236 MR. PETROCELLI:

Okay.

MR. P. BAKER: We're going to need your copy.

# 237 MR. PETROCELLI:

Oh, okay, give it to him.

MR. P. BAKER: 452, line 4.

# 238 (Reading:)

# 239 Q:

Okay. And during the week that Mr. Simpson was at your house before his arrest, you only saw him go to that golf bag on one occasion; is that right?

# 240 A:

That's correct.

# 241 Q:

When he took out that iron, right?

# 242 A:

Yes.

# 243 Q:

And you saw him return the iron, right?

# 244 A:

Yes.

# 245 Q:

And did he close up the golf travel bag?

# 246 A:

Yes.

# 247 Q:

Or did he have it peeled open?

# 248 A:

No, he zipped it up.

# 249 Q:

Okay. And from that point on, you never saw him touch that bag again, right?

# 250 A:

That's correct.

# 251 Q:

Did the bag remain in the garage where Mr. Simpson left it when he closed the bag, for the rest of the week?

# 252 A:

Oh, yes.

MR. P. BAKER: Nothing further.

KEY QUOTE

# 253 MR. PETROCELLI:

Page 208, again turning back to --

# 254 MR. GELBLUM:

I need Volume 1, a copy of Volume 1.

# 255 MR. PETROCELLI:

-- the subject of the cuts. (Reading:)

# 256 Q:

And did you actually make any effort to look at it, referring to his hand?

# 257 A:

No closer than that.

# 258 Q:

Make a casual observation of it?

# 259 A:

No.

# 260 MR. PETROCELLI:

Page 431 -- I'll pass on that.

No further questions, Your Honor.

MR. P. BAKER: Nothing.

Temperature

tense

Key Quotes (4)

Witness (Kardashian)

He was pensive. He was quiet, which is unlike him.

Kardashian's description of Simpson's demeanor on the drive to the airport the morning after the murders — presented by plaintiff to suggest consciousness of guilt.

Witness (Kardashian)

Yes.

One-word answer confirming he found it odd that someone whose wife had been killed 36 hours earlier wanted to go to the airport to pick up golf clubs — a damaging admission elicited over Baker's objection.

Witness (Kardashian)

I just took it that he was pretty much in shock the whole week. He wasn't the way he was previously.

Kardashian offers a sympathetic framing of Simpson's unusual behavior, which the defense could use to explain the oddities Petrocelli highlighted.

Witness (Kardashian)

I just saw that -- the cut on the top of his middle finger on his left hand... Maybe -- maybe a half inch, maybe a quarter... it went past his knuckle, so I guess maybe half an inch.

Defense uses Kardashian to establish that the only wound visible on Simpson before noon on June 14 was a single small cut — minimizing injury evidence.

Evidence (2)

Informal

OJ Simpson's golf bag and clubs retrieved from LAX on June 14, 1994

Discussed in detail — trip to airport, bag placed in Kardashian's garage, Simpson's single access to remove one iron for a walk

Informal

Cut on OJ Simpson's left middle finger, approximately half an inch, crossing the knuckle

Described by Kardashian as the only visible injury on Simpson before noon on June 14

Notable Exchanges (3)

Daniel Petrocelli•Witness (Kardashian)

Petrocelli walks Kardashian through the geography of the airport trip — establishing that the airport was in the opposite direction of Kardashian's home, and then extracting the admission that Kardashian himself found the request odd given Nicole had been killed 36 hours earlier.

strategic

P. Baker•Witness (Kardashian)

Defense redirects to the golf bag, establishing that Simpson accessed it only once (to take out one iron for a walk), replaced it, zipped it up, and never touched it again — undercutting any implication the bag contained something incriminating.

defensive/containment

P. Baker•Witness (Kardashian)

Defense elicits that the only injury Kardashian observed on Simpson before noon June 14 was a single half-inch cut on the left middle finger — no other cuts, abrasions, or bruises.

strategic

Objections

3 objections (0 sustained, 1 overruled)

Proceeding 8521 • 260 utterances • Plaintiff witness

Civil Trial

Department 103