Direct examination of Leroy Taft

📄 Direct examination of Leroy Taft — Friday, December 6, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\6\DIRECT-EXAMINATION-OF-LEROY-TA.DOC

TRIAL

▲ Day 27 of 57

◀ Leroy Taft sworn in Redirect examination of Leroy Taft ▶

Witness: Leroy Taft
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Friday, December 6, 1996 • Utterances: 169

Petrocelli cross-examines Leroy Taft, OJ Simpson's longtime friend, personal attorney, and business manager, who was present at Parker Center on June 13, 1994 when Simpson's hand was observed. Petrocelli impeaches Taft with his August 1996 deposition, in which Taft stated he saw at least two cuts on Simpson's left hand, while Taft now claims he only recalls one cut. The examination ends with Taft admitting he knew Simpson had already testified before this jury that there was only one cut — and that Simpson had denied having the specific cut on his fourth finger.

# 1 Q:

You are a very close personal friend of O.J. Simpson?

# 2 A:

I think that's true.

KEY QUOTE

# 3 Q:

And have been so for 27 years, right?

# 4 A:

Over the 27 years, the friendship has grown closer.

# 5 Q:

Also, you are business manager, business advisor to him during this time?

# 6 A:

And his personal attorney, that's correct.

# 7 Q:

And his personal attorney, right.

You picked up Mr. Simpson at the airport on June 13, 1994, right?

# 8 A:

Correct.

# 9 Q:

And you drove over to Rockingham, right?

# 10 A:

Correct.

# 11 Q:

And a little bit later you went down to Parker Center, right?

# 12 A:

Correct.

# 13 Q:

And you were in a room with Mr. Simpson and another lawyer named Howard Weitzman, right?

# 14 A:

Correct.

# 15 Q:

And at that time, you had occasion to observe Mr. Simpson's left hand, right?

# 16 A:

Correct.

# 17 Q:

We're talking, now, about 1 o'clock in the afternoon on June 13, correct?

# 18 A:

Correct.

# 19 Q:

Okay.

And you saw some cuts on Mr. Simpson's left hand, correct?

# 20 A:

As I sit here today, I recall one cut, Mr. Petrocelli.

# 21 Q:

In fact, you saw more than one cut, correct?

# 22 A:

No. I say, as I sit here today, I recall seeing one cut and -- and early in my deposition that's what I said.

# 23 Q:

You said something else in your deposition, which we will get to in a minute.

# 24 MR. BAKER:

I move to strike the gratuitous preamble from Mr. Petrocelli's --

# 25 THE COURT:

Overruled.

# 26 Q:

(BY MR. PETROCELLI) Let me show you this photograph, Mr. Taft, of a picture of Mr. Simpson's fourth finger on his left hand.

# 27 (Indicating to photo.)

# 28 Q:

Do you see that?

# 29 A:

Yes.

# 30 Q:

And do you see the cut on that finger, sir?

# 31 A:

Yes.

# 32 Q:

And you saw that cut at 1 o'clock p.m. on June 13, 1994, true?

# 33 A:

No, not true.

# 34 MR. PETROCELLI:

Okay. Put it up on the Elmo.

THE COURT REPORTER: The number again, please.

# 35 MR. FOSTER:

548.

# 36 (Exhibit 548 displayed on Elmo.)

# 37 Q:

When I took your deposition, that was August, 1996, right?

# 38 A:

That's correct.

# 39 Q:

And you understood you were under oath and had to tell the truth, right?

# 40 A:

Absolutely.

# 41 Q:

You're a lawyer and you understand the obligation to tell the truth?

# 42 A:

Absolutely.

# 43 Q:

And have you had a chance to speak to Mr. Simpson, or any of his lawyers, before coming here today?

# 44 MR. BAKER:

That would be -- he's one of Mr. Simpson's lawyers. That's privileged.

# 45 Q:

(BY MR. PETROCELLI) About your testimony, about what you might be asked on the witness stand?

# 46 MR. BAKER:

Anything?

# 47 THE COURT:

Sustained.

# 48 MR. PETROCELLI:

Okay. Now, let me -- let me put this on the -- well, no leave this on the Elmo.

# 49 Q:

(BY MR. PETROCELLI) Let me read to you from your deposition.

# 50 MR. PETROCELLI:

Mr. Baker, page 132.

# 51 MR. BAKER:

Got it.

# 52 MR. PETROCELLI:

Starting at line 9.

# 53 (BY MR. PETROCELLI) (Reading:)

# 54 Q:

You were present when Mr. Simpson had his wound dressed?

# 55 A:

I wasn't present when his wound was dressed but I was present when we talked with him alone, Howard Weitzman and myself.

# 56 Q:

Is that when --

# 57 A:

I believe I observed it at that time.

# 58 Q:

His cuts?

# 59 A:

Yes.

# 60 Q:

How many did you observe?

# 61 A:

Well, that cut -- (Indicating)

# 62 Q:

Referring to depo Exhibit 38.

# 63 A:

-- Which I believe is on his -- It's his fourth finger.

# 64 Q:

Yes.

Fourth finger?

You recall giving all that?

# 65 A:

I recall that, reading that, yes

# 66 MR. PETROCELLI:

Page 133 line 1. A. I saw that cut.

# 67 Q:

(BY MR. PETROCELLI) Do you recall giving that testimony?

# 68 A:

Yes.

# 69 MR. BAKER:

You better read the whole --

# 70 Q:

(BY MR. PETROCELLI) Do you recall giving that testimony?

# 71 A:

Yes, I do.

# 72 Q:

Okay.

Now, in issue to the cut on the fourth finger which you testified under oath just a couple months ago that you saw, you also said you saw a cut on his middle finger, true?

# 73 A:

That's true.

# 74 Q:

So at your deposition, you said to me under oath, that you saw two cuts -- at least two cuts, correct?

# 75 A:

I said in one part of my deposition, that's correct, but --

# 76 Q:

Okay.

# 77 A:

Earlier in my deposition when you --

# 78 Q:

Sir.

# 79 A:

You asked me that question. May I finish my answer.

# 80 Q:

No.

# 81 MR. BAKER:

Your Honor.

# 82 MR. PETROCELLI:

It's not responsive.

# 83 MR. BAKER:

He's entitled to finish his answer.

# 84 THE COURT:

He said yes. Ask another question.

# 85 MR. PETROCELLI:

Thank you.

# 86 (BY MR. PETROCELLI) Did you not tell me at page 133, I'll let you look at it, sir, pages 130, 1, 2 and 3, you can look at it yourself. Excuse me, Gina. THE COURT REPORTER: (Nod.)

# 87 Q:

(BY MR. PETROCELLI) Did you not tell me, sir, that you saw at least two cuts on Mr. Simpson's left hand, one on his fourth and one on his third, and perhaps a third cut on his third?

# 88 A:

I didn't say perhaps a third cut. I said I thought I saw two cuts. But I was referring to the pictures that you were showing me.

# 89 Q:

And I showed you a picture of that finger with the fourth cut, the fourth finger, right?

# 90 A:

That's correct.

# 91 Q:

And you looked at it, at the deposition, right?

# 92 A:

Yes.

# 93 Q:

And you said that you saw that cut, correct?

# 94 A:

Yeah, but I saw --

# 95 Q:

Yes or no?

# 96 A:

I saw it on the picture, Mr. Petrocelli. I saw it on the picture. Earlier I said I saw one cut.

# 97 Q:

Excuse me. Excuse me, sir.

# 98 A:

I think on page 118 and 119.

# 99 Q:

You've really read this, haven't you?

# 100 A:

Of course.

# 101 Q:

Of course.

# 102 A:

Of course. Take a look at 118 and 119.

# 103 Q:

Excuse me, sir, at no time did you ever tell me at 20 pages later 133, wait a second Mr. Petrocelli, I only saw one cut. You never said that, correct?

# 104 MR. BAKER:

Argumentative.

# 105 THE COURT:

Overruled.

# 106 A:

No, I never said those words.

# 107 (BY MR. PETROCELLI) How about this, Mr. Taft. (Reading:)

# 108 Q:

So you saw a total of three cuts at Parker Center on June 13, on Mr. Simpson, on the fingers of his left hand, right?

# 109 A:

I saw for sure two. I'm not sure of that third cut that you pointed out in that picture.

KEY QUOTE

# 110 Q:

(BY MR. PETROCELLI) How about that, Mr. Taft?

# 111 MR. BAKER:

Wait a minute.

# 112 MR. PETROCELLI:

Put that on the Elmo.

# 113 MR. BAKER:

Your Honor, what is this "how about that." That's not a question. If he wants to argue the case, he ought to wait until the end of the case to argue.

# 114 MR. PETROCELLI:

Put that on the Elmo.

# 115 THE COURT:

Just a minute, counsel. You will not argue with the witness.

Witness, if you persist in arguing with your questioner, then I will permit that question.

Do you understand me?

# 116 LEROY TAFT:

Yes, Your Honor.

# 117 THE COURT:

Okay.

# 118 Q:

(BY MR. PETROCELLI) Let's take a look at this. (Reading:) I saw that cut and I saw that on the left hand.

# 119 Q:

(BY MR. PETROCELLI) Do you see that?

# 120 MR. PETROCELLI:

Now, go up to where I just read. Keep going.

# 121 (Indicating to Elmo.)

# 122 MR. PETROCELLI:

Keep going. Keep going. Keep going.

Can you not find it, Steve? (Indicating to Elmo.)

# 123 MR. PETROCELLI:

Right here, right there.

# 124 (Indicating to transcript. Assisting Mr. Foster at Elmo.)

# 125 Q:

Did you give that testimony under oath?

# 126 A:

Yes, I did.

# 127 Q:

Now, I'd like to you tell the jury -- are you now telling the jury that that was wrong, now? You saw one cut; is that your testimony today?

# 128 A:

No. My testimony today is that I'm sure I saw one cut in -- my best recollection, any other cut -- I lost my time reference with respect to Mr. Petrocelli showing me pictures and asking me if I saw them.

I saw those pictures, ladies and gentlemen of the jury, many times afterwards, in meetings with attorneys.

And you have to realize that on the 13th, we were all in a major state of shock.

# 129 Q:

Have you finished?

# 130 A:

That's my answer.

# 131 Q:

Okay.

You didn't tell me any of that, did you, sir, when you gave me that answer: "I saw for sure, two," correct; you didn't tell me?

# 132 A:

Correct.

# 133 Q:

You had every word in the universe to choose when you answered my question, sir, and you said, "I saw for sure two," correct?

# 134 A:

Correct.

# 135 Q:

And then you, on your own, said, "I'm not sure of that third cut that you pointed out in that picture," correct?

# 136 A:

Correct.

# 137 Q:

Those are all your words, correct?

I didn't lead you into those answers, did I?

# 138 A:

Well, you did.

# 139 Q:

Oh?

# 140 A:

You did. And I'll tell you where you did. Because if you look earlier in my deposition --

# 141 Q:

Okay.

# 142 A:

-- I said I think I saw one cut, but when you pulled out a set of pictures, and started showing me other cuts in the picture, the time reference all came together.

# 143 Q:

Let me ask you this: Were you in a state of shock at your deposition?

# 144 A:

No.

# 145 Q:

Clear-headed when you gave that testimony?

# 146 A:

I believe so.

# 147 Q:

Now, when you -- before coming to this court today, telling this jury now, that you saw one cut and not two --

# 148 A:

That's my best recollection.

# 149 Q:

Excuse me. I'm not finished with my answer [sic].

Before coming here and taking that witness stand and telling this jury that you saw one cut and not two, you understood the importance of saying that Mr. Simpson only had one cut on his finger at that time; true or untrue?

# 150 A:

I understood the importance.

# 151 Q:

Just answer --

# 152 A:

The importance of telling the truth here today.

# 153 Q:

Excuse me, Mr. Taft.

# 154 MR. PETROCELLI:

Your Honor, could you direct him to answer my questions?

# 155 THE COURT:

Answer the question, counsel.

# 156 A:

I understood it was correct to tell the truth today.

# 157 Q:

(BY MR. PETROCELLI) Now, you want to answer my question? Let's try it a third time.

# 158 A:

Please repeat the question.

# 159 Q:

Okay.

You understood the importance to Mr. Simpson's side of the case, in saying that there was only one cut, not two, on his finger, correct?

You understood that?

KEY QUOTE

# 160 A:

I understood that I was here to tell my best recollection of the situation.

# 161 THE COURT:

Excuse me, Mr. Taft. I'm going to direct you just one more time to answer the question.

# 162 LEROY TAFT:

I can't answer the question the way you've put the question. You're --

# 163 Q:

(BY MR. PETROCELLI) You also understood, by the way, how important it was to tell the truth at your deposition, right?

Yes or no?

# 164 A:

Yes.

# 165 Q:

You -- you understood before you took the witness stand, and turned to the jury, and told them that you only saw one cut instead of the two, that you said at the deposition, that Mr. Simpson had testified before this same jury that there was only the one cut on his finger. You knew that, didn't you?

# 166 A:

Yes, I did.

# 167 Q:

Of course you did.

And you knew that Mr. Simpson, on that same witness stand where you are sitting, denied having that cut on his fourth finger, that you said he had in August, true?

# 168 A:

True.

# 169 MR. PETROCELLI:

I've got nothing further.

Temperature

tense

Key Quotes (4)

Leroy Taft

I saw those pictures, ladies and gentlemen of the jury, many times afterwards, in meetings with attorneys. And you have to realize that on the 13th, we were all in a major state of shock.

Taft breaks from answering questions to address the jury directly, offering an unsolicited explanation for why his testimony now differs from his deposition — and inadvertently revealing he reviewed evidence in attorney meetings.

Leroy Taft

I saw for sure two. I'm not sure of that third cut that you pointed out in that picture.

Petrocelli reads this directly from Taft's deposition, contradicting Taft's trial testimony that he only recalls one cut.

Daniel Petrocelli

You understood the importance to Mr. Simpson's side of the case, in saying that there was only one cut, not two, on his finger, correct? You understood that?

Petrocelli frames Taft's changed testimony as motivated by loyalty to Simpson, not by faulty memory.

Leroy Taft

True.

Taft confirms he knew Simpson had denied — from the same witness stand — having the cut on his fourth finger that Taft himself had identified under oath at deposition.

Evidence (2)

Exhibit 548

Taft's August 1996 deposition transcript, displayed on the Elmo

Used to impeach Taft's trial testimony about the number of cuts he observed on Simpson's hand

Informal

Photograph of Simpson's fourth finger on his left hand showing a cut

Shown to Taft; he acknowledged seeing it but claimed his deposition answers referred to the photograph, not his direct observation

Notable Exchanges (2)

Daniel Petrocelli•Leroy Taft•Hiroshi Fujisaki

Taft repeatedly tries to elaborate on or qualify his answers rather than responding yes or no. Fujisaki warns him directly: 'Witness, if you persist in arguing with your questioner, then I will permit that question.' Taft acknowledges the admonishment.

tense

Daniel Petrocelli•Leroy Taft

Petrocelli forces Taft to confirm that before testifying he knew: (1) Simpson had told this jury there was only one cut; and (2) Simpson had denied having the fourth-finger cut that Taft identified at deposition. Taft confirms both.

devastating

Credibility Attacks (1)

⚔ Leroy Taft

Prior inconsistent statement (deposition impeachment)

Petrocelli uses Taft's August 1996 deposition at pages 130–133 to show Taft testified he saw 'for sure two' cuts on Simpson's left hand at Parker Center, while Taft now claims he only recalls one. Petrocelli then closes by establishing that Taft knew his revised testimony aligned with Simpson's own trial testimony, implying the change was motivated by loyalty rather than recollection.

Witness Demeanor

Witness repeatedly attempts to add qualifications and context beyond yes/no answers, drawing rebukes from both Petrocelli and the court

Witness addresses the jury directly mid-testimony without being asked: 'I saw those pictures, ladies and gentlemen of the jury, many times afterwards'

Witness cites specific deposition page numbers from memory ('Take a look at 118 and 119'), prompting Petrocelli's dry observation: 'You've really read this, haven't you?'

Objections

4 objections (1 sustained, 2 overruled)

Proceeding 8512 • 169 utterances • Plaintiff witness

Civil Trial

Department 103