Direct examination of Allan Park (part 2)

📄 Direct examination of Allan Park (part 2) — Wednesday, November 20, 1996

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C:\DEPT103\CIVIL\1996\NOV\20\DIRECT-EXAMINATION-OF-ALLAN-PA.DOC

TRIAL

▲ Day 19 of 57

◀ Scheduling discussion Redirect examination of Allan Park (part 1) ▶

Witness: Allan Park
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Wednesday, November 20, 1996 • Utterances: 332

Allan Park, the limousine driver who arrived at OJ Simpson's Rockingham estate on the night of June 12, 1994, testified in detail about his observations before and during the drive to LAX. He described seeing a dark-clothed figure enter the house before OJ appeared, OJ's claim that he had 'overslept,' and OJ's insistence on personally retrieving a small dark bag from behind his car rather than letting Kato Kaelin get it. Park also described OJ repeatedly complaining of being hot, bending down with bags in the back seat, and arriving at the airport sweating and in a hurry.

# 1 MR. PETROCELLI:

Thank you, Your Honor.

Do you want to put on 114?

# 2 (Exhibit 114 displayed.)

# 3 Q:

(BY MR. PETROCELLI) We've got -- referring again to 114, and pulled it up to sort of an approximate view from the limousine, looking in the Ashford gate.

# 4 MR. BAKER:

I object. Your Honor, that is not an approximate, the limousine looking in the gate, because of where that picture is taken, the Elmo distorts and gives different angles when you pull it up.

# 5 Q:

In any event, Mr. Park, let me show you -- can you stand up, please.

Do you see this skylight up here?

# 6 A:

Yes. Did you see any light coming from that skylight?

# 7 A:

No, I didn't.

# 8 Q:

There's a kitchen nook area down here?

# 9 A:

I assume that.

# 10 Q:

Did you see lights coming from that part of the house before you saw the dark figure going in the house?

# 11 A:

No.

# 12 Q:

Okay.

And do you see this little pathway here --

# 13 A:

Yes.

# 14 Q:

-- as it intersects the driveway?

# 15 A:

Yes.

# 16 Q:

This is the intercom, right?

# 17 A:

Correct.

# 18 Q:

Is that the location where you saw the blond-haired person appear about 30 seconds before you got off the phone?

# 19 A:

Yes.

# 20 Q:

Was he a little this way or that way?

# 21 A:

He was a little bit -- little bit farther back.

# 22 Q:

Farther back, towards the side?

# 23 A:

When I first saw him.

# 24 Q:

When you first saw him. Okay.

And when you first saw him -- and did you then see where he went after you first saw him?

# 25 A:

I didn't pay any attention to him.

# 26 Q:

Okay.

And did he, at that point in time, open the gate for you?

# 27 A:

No, he didn't.

# 28 Q:

Okay.

So after you saw him, you then saw the person go in the house, and you got off the phone, as you testified to, right?

# 29 A:

Yes.

# 30 Q:

Okay.

Now, and during this period of time, do you or do you not see this blond-haired person while you're getting off the phone, while you're seeing the other person go into the house?

# 31 A:

I don't remember that.

# 32 Q:

You don't remember seeing him, then?

# 33 A:

I -- after I saw him the first time, I didn't pay any attention to him.

# 34 Q:

Okay.

Did there come a time when you saw him again?

# 35 A:

When he opened the gate for me.

# 36 Q:

That was a little later on?

# 37 A:

Yes.

# 38 Q:

Okay. We'll get to that.

What I'm trying to find out is whether between the time you first saw him and the time you saw him open the gate later on, whether you saw him in between.

# 39 A:

No.

# 40 Q:

Okay.

When you saw that person going into the house, at any point in time did you see him coming --

# 41 MR. PETROCELLI:

I'm blocking somebody, Your Honor?

# 42 THE COURT:

Well, yeah, you're beginning to step in front of the jurors.

# 43 MR. PETROCELLI:

I apologize, Madame Juror.

# 44 THE COURT:

You were very good for about three weeks.

# 45 MR. PETROCELLI:

I'll get out of your way here.

# 46 Q:

(BY MR. PETROCELLI) When you saw that person going into the house, that person in all dark clothing, at that point -- during that point in time, did you ever see him coming out of the house?

# 47 A:

No.

# 48 Q:

Did you ever see him pick up a golf bag and hold it up to you?

# 49 A:

No.

# 50 Q:

Did you ever see him signal to you?

# 51 A:

No.

# 52 Q:

Did you ever see him nod or gesture to you in any way?

# 53 A:

No.

# 54 Q:

During the time that you were in the car -- withdrawn.

When you were getting out of the car and going to the intercom, could you see the Rockingham gate while you were standing up, using the intercom?

# 55 A:

At any time?

# 56 Q:

Yes.

# 57 A:

No.

# 58 Q:

And while you were inside the car, did you -- could you hear noises from Rockingham, such as cars coming up and down?

# 59 A:

No.

# 60 Q:

Let's pick up the sequence of each event.

Again, after you saw the person go into the house and you saw lights illuminate, you got off the phone, right?

# 61 A:

Correct.

# 62 Q:

And then what happened?

# 63 A:

After I got off the phone, I sat in the car for another few seconds.

# 64 Q:

Why?

# 65 A:

I was -- since somebody was home, I figured they were going to open the gate for me.

# 66 Q:

And did someone open the gate for you?

# 67 A:

Not at that time, no.

# 68 Q:

How long did you wait in the car for someone to open the gate for you after you got off the phone?

# 69 A:

Fifteen, thirty seconds, in between there. I can't be exact.

# 70 Q:

And after that interval of time went by and no one opened the gate for you, what did you then do?

# 71 A:

I then stepped out of the vehicle again, and, I pushed the intercom. This time it was answered.

# 72 Q:

Was it answered after a number of buzzes or right away?

# 73 A:

Immediately.

# 74 Q:

And describe what happened next.

# 75 A:

A voice came over the intercom saying, "Sorry, I overslept; I just got out of the shower," and, "I'll be down in a minute."

# 76 Q:

Did you recognize the voice?

# 77 A:

Yes.

# 78 Q:

Whose voice was it?

# 79 A:

Mr. Simpson's.

# 80 Q:

What happened after Mr. Simpson and you stopped talking through the intercom?

# 81 A:

After that, I got back into the vehicle and waited another 30 seconds.

# 82 Q:

Did the gate open during that time when you got off the intercom, went in the vehicle, and waited 30 seconds?

# 83 A:

No, it didn't.

# 84 Q:

What did you then do?

# 85 A:

Sat there and waited.

# 86 Q:

What did you then do?

# 87 A:

I waited until finally, the white male came and opened the gate for me.

# 88 Q:

And is this the same white male that you had seen previously?

# 89 A:

Yes.

# 90 Q:

And this is the very next time that you had seen him, right?

# 91 A:

Yes.

# 92 (Indicating to Exhibit 116.)

# 93 Q:

You -- can you tell us by walking up to Exhibit 116 and pointing out where the white male walked up to and how the white male opened the gate for you?

# 94 A:

He came up the driveway from this direction, and he didn't come up to the gate and open it manually. He -- I guess where it says control box, somewhere over in that area, he hit a button or what-not, and the gate opened.

# 95 Q:

Okay.

And was your car engine on this whole time?

# 96 A:

Yes.

# 97 Q:

Okay.

And what did you -- What did you then do?

You can take a seat.

# 98 (Witness resumes witness stand.)

# 99 A:

After the gate opened up, I drove into the property, pulled up with my driver window parallel with the front door, and popped the trunk and got out.

# 100 Q:

You pulled up basically this direction right here, with my pen pointing in the southerly direction? (Indicating.)

# 101 A:

That's correct.

# 102 Q:

And stopped just opposite the front entrance?

# 103 A:

Yes.

# 104 Q:

Now, did you notice, when you pulled in, a black dog?

# 105 A:

Yes.

# 106 Q:

Did the dog run out of the gate when it opened?

# 107 A:

Not that I remember, no.

# 108 Q:

What happened when you pulled up to the -- to the gate?

# 109 A:

When I pulled up to the gate?

# 110 Q:

I'm sorry. Pulled up to the front door area.

# 111 A:

Like I say, I popped the trunk, and stepped out of the vehicle.

At that time, the white male came up to me and was asking me about an earthquake. I said no, or he asked me if I felt an earthquake, and I said no. And he started describing these sounds he heard on his wall, and that a picture moved on his wall. He said he was on the phone with a friend, and that was the reason he was coming out.

He made some other small talk, like was Mr. Simpson running late, things like that.

# 112 Q:

What did you say when he asked if Mr. Simpson was running late?

# 113 A:

I looked at my watch and I said, "It sure looks like it."

# 114 Q:

Did he have anything in his hands, this white person?

# 115 A:

He had a very small flashlight.

# 116 Q:

You've since seen Kato Kaelin, have you not?

# 117 A:

Yes.

# 118 Q:

Is that the person we're talking about?

# 119 A:

Yes.

# 120 Q:

We can now address -- As Mr. Kaelin?

# 121 A:

Yes.

# 122 Q:

Okay.

Well, after you had this little conversation with Mr. Kaelin, then what happened?

# 123 A:

Kaelin walked towards the garage area and was calling the dog at the same time. He was petting the dog, and he proceeded on, calling the dog. He wanted the dog to come with him. He was just about at the corner of the garage area.

# 124 Q:

Where, this southwest corner here, where I'm pointing?

# 125 A:

That's correct.

# 126 Q:

And he was heading there, wanting the dog to come?

# 127 A:

That's correct.

# 128 Q:

The dog was not coming?

# 129 A:

Didn't want to leave.

# 130 Q:

And stayed with you?

# 131 A:

Yes.

# 132 Q:

Okay.

Then what happened?

# 133 A:

He walked back over to me, or towards where the dog was, and kind of motivated the dog to go with him. And the dog started to follow him after that.

I sat out front.

# 134 Q:

By yourself?

# 135 A:

By myself.

# 136 Q:

Okay.

And then what happened?

# 137 A:

After that, he walked around the corner -- how far, I don't know; he was out of the field of my view -- and returned back out front with me shortly after that.

# 138 Q:

Now, when you pulled up to the entrance area of Mr. Simpson's house, did you see any baggage or luggage?

# 139 A:

Yes, there was some bags on the -- just off the driveway, on the porch area.

# 140 Q:

And did you and Mr. Kaelin begin packing those items?

# 141 A:

Not the ones that I saw on the porch, no.

# 142 Q:

Did -- and then at some point in time -- just left them there?

# 143 A:

Yes.

# 144 Q:

Okay.

And at some point in time, did Mr. Simpson appear?

# 145 A:

Yes. He finally came down the stairs, carrying a what we all know now is the Louis Vitton bag -- he was carrying that -- and he set that next to the baggage on the ground.

# 146 Q:

This is the first time you seen him -- _

# 147 A:

Yes.

# 148 Q:

-- since the person that went into the entranceway?

# 149 A:

Yes.

# 150 Q:

Okay.

What was he dressed like?

# 151 A:

He was wearing some stone-washed blue Levis, and like, a white polo shirt and what -- I don't remember if he had an overcoat with him. I don't know if he was wearing it or not.

# 152 Q:

Now, the clothes that you saw him wearing at this point in time, did they appear to be the same clothing that you had seen that person wearing going into the house?

# 153 A:

No.

# 154 Q:

When Mr. Simpson appeared, besides his clothing, did you make any other observations of how he appeared to you?

# 155 A:

He just seemed to be in a very big hurry.

# 156 Q:

And can you tell the jury what happened after you first began interacting with Mr. Simpson.

# 157 A:

I -- from what I remember, he set the Louis Vitton bag down next to the other bag, and he proceeded down the driveway.

I -- I then picked up the Louis Vitton bag, went and put it -- it was around the same time I saw Kato putting the -- the golf clubs into the trunk, and I walked over and put the Louis Vitton bag into the trunk.

# 158 Q:

So -- let me stop you there.

While Kato Kaelin and you are putting some items of luggage into the trunk, you said Mr. Simpson began walking down the driveway?

# 159 A:

From what I remember, yes.

# 160 Q:

And by "the driveway," could you tell us what driveway and what direction?

# 161 A:

Towards the Rockingham gate.

# 162 Q:

Meaning in this direction, where I'm going with my pen, from the entranceway towards the Rockingham gate?

# 163 A:

Yes.

# 164 Q:

Okay.

And did he then leave your field of view or vision for a while?

# 165 A:

Yes, he did.

# 166 Q:

Okay.

Then what happened?

# 167 A:

Simpson, was -- he was running back -- not running, but he was -- just seemed to be getting things together for the ride to the airport.

At some point in time in there, Kato asked me for a flashlight, if I had a flashlight in my vehicle, because he was complaining about his didn't work too well.

I proceeded to check the limousine for a flashlight, looked in the glove compartment, looked in the trunk. I couldn't find a flashlight.

# 168 Q:

Did there come a time when you saw any item of luggage away from the area of the front entranceway?

# 169 A:

Yes. Earlier, I noticed a small, dark bag laying on the edge of the -- the driveway, towards the back.

# 170 Q:

Can you show the jury where you believe you saw this small, dark bag.

# 171 (Witness indicates to Exhibit 116.)

# 172 A:

That would be somewhere in this area.

# 173 Q:

And you're pointing to an area where?

# 174 A:

Yeah, somewhere around there (indicating).

# 175 Q:

This one circle over --

# 176 A:

Correct.

# 177 Q:

Was there a car next to that bag?

# 178 A:

Yes, there was.

# 179 Q:

Was the car (sic) behind the car?

# 180 A:

Yes.

# 181 Q:

Okay.

And tell the jury what you can remember concerning that bag, and who was going to get the bag, and so forth.

You can take the witness stand.

# 182 A:

Well, after I was through looking for the flashlight, at some point I asked Mr. Simpson where he'd like the two bags that were on the porch, if he'd like them inside the trunk or inside the cab.

He asked me to put them inside the cab, so I did. I put them in there.

We were -- at another point, we were standing back by the trunk, Kato, Simpson and I were, towards the back of the trunk, and Kato mentioned he was going to go get that bag, he said, I'll go get that bag for you.

# 183 Q:

By that bag, he meant the one behind the car?

# 184 A:

Yes, he was pointing to that bag.

# 185 Q:

He being Mr. Kaelin?

# 186 A:

Yes.

# 187 Q:

Then what happened?

# 188 A:

Simpson jumped out and said no, no, no, that's okay, that's okay, I'll get the bag, don't worry about it, I'll get it.

So Simpson went and grabbed the bag.

I was towards the back of the trunk area. I went and closed the passenger driver-side door, and he returned towards the vehicle with that bag. Where he put it I don't remember. I don't know if it was in the trunk or inside the cab.

KEY QUOTE

# 189 Q:

When you say jumped out, what did you mean by that?

# 190 A:

Well, he didn't want Kato to get it so he --

# 191 MR. BAKER:

I move to strike as to what he thinks Mr. Simpson wanted or didn't want.

# 192 THE COURT:

Sustained.

# 193 Q:

(BY MR. PETROCELLI) Tell us what you observed, Mr. Park, when you say he jumped out, tell us a little more perhaps specifically, you know, what he did to go get the bag?

# 194 A:

He told Kato just what I said and --

# 195 Q:

When was what?

# 196 A:

He said no, no, no, that's okay, I'll get the bag, don't worry about it. And he moved quickly to get the bag.

# 197 Q:

Okay. Did you -- during the time that that bag was out there, did you get a chance to see it?

# 198 A:

I saw it from a distance. I know it was a dark small bag.

# 199 Q:

Well, let me show you this bag.

# 200 MR. PETROCELLI:

Is this 899?

# 201 THE CLERK:

Yes.

# 202 Q:

(BY MR. PETROCELLI) Is this the bag that you saw there?

# 203 (Referring to Exhibit 899.)

# 204 A:

No.

# 205 MR. PETROCELLI:

Let the record reflect 899 is this bluish bag.

# 206 Q:

(BY MR. PETROCELLI) Now, after -- let me back up for a second.

Did there come a time during all this activity that you've been describing when Mr. Kaelin and Mr. Simpson began to look for the thing that Mr. Kaelin was talking about, the noise that he had heard?

# 207 A:

Yeah. At one point, Simpson was walking by Kato and I, and Kato was still concerned about what the noise was on the wall. He kept repeating, you know, you sure you didn't feel an earthquake, this and that. And Simpson overheard us talking about an earthquake and he asked, as in a question way, he said oh, we had an earthquake?

At that time he was walking back into the house. Kato followed him into the house. At about the time that they came back out, Simpson was talking about searching the property.

He pointed in one direction and said you go that way, pointing towards the garage area, he said I'll go this way, pointing going around the back way of the house.

Kato started walking towards the garage area and Simpson followed right behind him. He didn't go the other way.

# 208 Q:

Let me understand this.

Mr. Kaelin started heading in the direction that he had been before, behind the garage?

# 209 A:

Right.

# 210 Q:

And Mr. Simpson indicated that he was going to go in a different direction?

# 211 A:

Correct.

# 212 Q:

What did Mr. Simpson then do?

# 213 A:

He followed Kato towards the garage area where Kato was -- he was heading back behind that.

# 214 Q:

What did you do during this time?

# 215 A:

I closed the trunk and I closed the doors on the limousine and I proceeded behind Mr. Simpson.

# 216 Q:

So it was the three of you?

# 217 A:

Yes.

# 218 Q:

And about how far did you get, the three of you?

# 219 A:

Kato was just past the corner of the garage, yes.

# 220 (Mr. Petrocelli indicated to Exhibit 116.)

# 221 A:

Simpson was a little farther behind him, not much farther, and I was right behind Mr. Simpson.

Simpson then turned around and saw that I was following back there, and he said we got to go, we got to get out of here.

# 222 Q:

Then what happened?

# 223 A:

So we turned around, went back to the car. I let him in the back, I got into the driver seat, and went to the Rockingham gate that Kato opened up for us.

# 224 Q:

Kato opened the Rockingham gate by using this control box here (indicating)?

# 225 A:

That's correct.

# 226 Q:

And when you exited the Rockingham gate, which way did you pull -- which way did you turn, excuse me?

# 227 A:

I turned left going south.

# 228 Q:

Now, when you began to make that turn left, did Mr. Simpson tell you to wait to see if the dog was going for run out?

# 229 A:

I don't remember that, no.

# 230 Q:

Okay. And as you approached beyond the gate to begin the turn left, did you see any cars coming?

# 231 A:

Yes. There was a car coming from the northern direction heading my way, south.

# 232 Q:

Car coming south --

# 233 A:

Yes.

# 234 Q:

-- like this (indicating)?

And did you go out before that car or did you let that car pass?

# 235 A:

No, I let that car pass. I kind of edged my way out into the street and waited for him to go by and followed him out.

# 236 Q:

And were you focused on that car?

# 237 A:

On the -- not the whole time. I knew it was coming so I focused left to make sure there was no traffic coming from -- heading north coming -- coming, you know, heading back up the -- Rockingham, so I was sure that when the car passed I can -- I can pull out into the street and follow him out.

# 238 Q:

So you knew this car was coming, right?

# 239 A:

Yes.

# 240 Q:

This direction.

And you looked left to see if there was cars coming that way, right?

# 241 A:

Correct.

# 242 Q:

Did you see any?

# 243 A:

No.

# 244 Q:

After that car passed, you followed it?

# 245 A:

Yes.

# 246 Q:

Okay. Now, during that interval of time, did you make any specific observations of whether cars were parked on the curb before or after the gates?

# 247 A:

No.

# 248 Q:

Okay. You didn't look; is that what you're saying?

# 249 MR. BAKER:

That's --

# 250 Q:

(BY MR. PETROCELLI) You didn't look for parked cars; is that what you're saying?

# 251 A:

No, it wasn't -- that wasn't my concern.

# 252 Q:

Okay. You then drove to the airport?

# 253 A:

Correct.

# 254 Q:

Now, any approximation of what time it was when you left the property on your way to the airport?

# 255 A:

It was around 11:15.

# 256 Q:

And about what time did you get to the airport?

# 257 A:

Just right around 11:30.

# 258 Q:

Lot of traffic?

# 259 A:

No.

# 260 Q:

Sunday night?

# 261 A:

Yes.

# 262 Q:

And Mr. Simpson sat where?

# 263 A:

In the back.

# 264 Q:

And you sat in the front, obviously?

# 265 A:

Yes.

# 266 Q:

Was there any divider between the two of you?

# 267 A:

There was a divider but it wasn't up.

# 268 Q:

So there is nothing separating you and Mr. Simpson in terms of any barriers; is that right?

# 269 A:

That's correct.

# 270 Q:

And did you have any conversation with Mr. Simpson, did he say anything?

# 271 A:

On the way -- I pulled back out onto Sunset. I was getting onto the 405 freeway and the one way I knew to get onto the 405 was to make a left, which was heading north, and it looped around and went back onto the 405.

I was in that lane ready to make my turn off that, and Simpson replied that I could get onto the freeway from -- to the right.

So instead of just following through with what I was going to do, I got over as fast as I could and made a right-hand turn, which was too soon, so I missed the freeway.

And he said that's okay, there's another on-ramp down below.

Got on the freeway.

In between that time, he repeated that he was hot several times. I told him he can turn on the air conditioning. He had the window down. Asked me what time it was. Asked me what street I was going to take to the airport and he suggested I take Sepulveda. I said okay.

And that was it.

# 272 Q:

And how many times did he say to you that he was hot?

# 273 A:

He repeated it three or four times.

# 274 Q:

Did he keep the window in the back open or closed?

# 275 A:

Open.

# 276 Q:

And did he -- did you have any conversation with him about the use of an air conditioner?

# 277 MR. BAKER:

Asked and answered.

# 278 THE COURT:

Overruled.

# 279 A:

I just told him that he can turn it on.

# 280 Q:

Did he?

# 281 A:

Yes.

# 282 Q:

How do you know?

# 283 A:

Because there's a motor behind the passenger front seat, there's a motor that runs the air conditioning in the back right there, and I can -- I can hear the motor come on from where I'm sitting.

# 284 Q:

Did he say anything to you about turning on a light in the back?

# 285 A:

He asked me where a light was, and as I was about to tell him, he found it.

# 286 Q:

Okay. Do you -- did you ever catch a glimpse behind you as you were driving on the freeway to see what he was doing in the back seat?

# 287 A:

I never paid direct attention to him. There were times when I did make some lane changes, since the border was down in the middle it's just easier to use the side windows in the back so I can get over into the other lanes instead of using the little rearview mirror, so I turned -- turned around and looked out the window, but I never paid -- you know, I never looked directly at him.

# 288 Q:

During the times that you were looking, did you ever see him doing anything?

# 289 A:

He seemed to be bending down, which I can see out of the corner of my eye, just bending down, working with the bags -- doing whatever he was doing.

KEY QUOTE

# 290 Q:

At any point in time did he use the cell phone in the car to make a phone call?

# 291 A:

No.

# 292 Q:

When -- when -- withdrawn.

At any point in time during the trip to the airport, and even before, when you saw him packing up the car and so forth, did he say anything to you about a -- about being concerned that there was a prowler and calling the police or calling Westec, anything like that?

# 293 A:

Never.

# 294 Q:

Now, when you got to the airport, what happened?

# 295 A:

When we got to the airport, I pulled alongside of the curb, let him out. I popped the trunk before I got out, let him out.

# 296 Q:

You popped the trunk from inside the car?

# 297 A:

Correct.

# 298 Q:

Then you got out?

# 299 A:

I got out, let him out. We both walked to the trunk. I grabbed the Louis Vitton bag, and as I grabbed that, he said why don't you go get a Sky Cap.

I set the Louis Vitton bag down by the rear passenger tire; went to look for a sky cap.

They were all busy. They said they couldn't help me right now.

So I went and got a luggage cart and returned to the car.

# 300 Q:

Then what happened?

# 301 A:

At that time, he had a black duffel bag around his shoulder, and I grabbed the Louis Vitton bag, put it up on the top cart holder, and then he handed me the golf clubs, set those on the cart, and he took care of the rest of the bags.

# 302 Q:

Did you see him at any point at the trunk working with luggage while you were going off to get a Sky Cap?

# 303 A:

Yeah, that's what he was doing when I left.

# 304 Q:

And did you ever see what happened to that bag that you had seen behind the car on the driveway?

# 305 A:

No, I didn't.

# 306 Q:

When -- when the luggage was being transferred over to the Sky Cap, did you see that bag?

# 307 A:

No.

# 308 Q:

And then what's the last thing that you saw when you were interacting with Mr. Simpson, saying good-bye?

# 309 A:

Yeah, I put the two pieces of luggage that I had on the big luggage -- luggage bag.

# 310 Q:

You're talking about the Louis Vitton bag and the golf bag?

# 311 A:

Golf bag.

# 312 Q:

By the way, you don't mean -- when you say golf bag, you don't mean with the clubs showing, you mean in some kind of travel bag?

# 313 A:

Yes.

# 314 Q:

Go ahead.

# 315 A:

That was pretty much the end of it. I said thank you, have a good flight, and he said thanks, add 20 percent, and I shook his hand.

# 316 Q:

Which hand did you shake?

# 317 A:

Right hand.

# 318 Q:

Did you notice anything about his appearance?

# 319 A:

Just seemed in a very big hurry, little bit of sweat on his forehead, and that's it.

KEY QUOTE

# 320 Q:

Were you sweating?

# 321 A:

No.

# 322 Q:

At any point in time during this encounter with Mr. Simpson, from beginning to end, did you ever touch his left hand?

KEY QUOTE

# 323 A:

No, I didn't.

# 324 Q:

Did you ever examine his left hand or any of his fingers?

# 325 A:

No.

# 326 Q:

Did you ever look at them closely?

# 327 A:

No.

# 328 Q:

The only hand you touched was his right hand?

# 329 A:

Yes.

# 330 Q:

Mr. Simpson leave behind in your car, either in the passenger compartments or the trunk, any items of luggage?

# 331 A:

No, he didn't.

# 332 MR. PETROCELLI:

Thank you. No further questions.

CROSS-EXAMINATION BY MR. BAKER:

Temperature

tense

Key Quotes (5)

Allan Park

A voice came over the intercom saying, 'Sorry, I overslept; I just got out of the shower,' and, 'I'll be down in a minute.'

OJ's own alibi statement — he claimed to have been asleep and then showering, accounting for why he could not answer the intercom for an extended period during the murder window

Allan Park

Simpson jumped out and said no, no, no, that's okay, that's okay, I'll get the bag, don't worry about it, I'll get it.

OJ's urgent insistence on personally retrieving the small dark bag — one never accounted for in luggage at the airport — is central to the prosecution's theory that it contained bloody clothes or the murder weapon

Allan Park

He seemed to be bending down, which I can see out of the corner of my eye, just bending down, working with the bags -- doing whatever he was doing.

Suggests OJ was manipulating bags or concealing something during the drive to the airport

Allan Park

Just seemed in a very big hurry, little bit of sweat on his forehead, and that's it.

OJ's physical appearance at the airport — sweating on a cool June night — corroborates exertion consistent with the prosecution's timeline

Allan Park

At any point in time during this encounter with Mr. Simpson, from beginning to end, did you ever touch his left hand? No, I didn't.

Petrocelli carefully establishes that Park never observed OJ's left hand — where a cut consistent with the murder was later found — foreclosing any innocent explanation Park might have offered

Evidence (5)

Exhibit 114

Photograph showing approximate view from the limousine looking in through the Ashford gate

Displayed and used to orient Park's testimony about the dark figure; Baker objected the Elmo projection distorted the angle

Exhibit 116

Diagram or aerial photograph of the Rockingham property showing driveway, garage, entranceway, and gate positions

Used extensively — Park walked up to mark locations of the white male, the small dark bag, and the path the three men took toward the back of the garage

Exhibit 899

Bluish bag shown to Park as a possible match for the small dark bag seen behind OJ's car

Park identified it as NOT the bag he saw — eliminating it as the mystery bag

Informal

Small dark bag seen by Park sitting at the edge of the driveway behind a car — retrieved by OJ personally, never seen again at the airport

Discussed at length; location marked on Exhibit 116; never formally identified or accounted for

Informal

Louis Vuitton bag carried by OJ down the stairs and loaded into the limo trunk

Discussed; loaded by Park; accounted for at airport

Notable Exchanges (5)

Daniel Petrocelli•Allan Park

Extended sequence establishing the gap between Park's first intercom attempt going unanswered and OJ finally responding — Park waited 15-30 seconds after seeing lights come on before OJ answered, claiming he had just woken up from a nap

strategic

Allan Park•OJ Simpson

OJ cuts off Kato mid-sentence to insist on retrieving the small dark bag himself, moving 'quickly' to get it before Kato could

revealing

Allan Park•OJ Simpson

During the drive OJ repeatedly said he was hot (3-4 times), kept the window open, eventually turned on the air conditioning, and was observed bending down working with bags

revealing

Daniel Petrocelli•Allan Park

Petrocelli methodically confirms Park only shook OJ's right hand and never examined or touched his left hand — the hand with the mysterious cut

strategic

OJ Simpson•Allan Park•Kato Kaelin

The three men began walking behind the garage to investigate the earthquake noise; OJ spotted Park following, abruptly said 'we got to go, we got to get out of here,' and turned them all around

revealing

Light Moments (2)

Hiroshi Fujisaki

After Petrocelli apologized for stepping in front of a juror, Judge Fujisaki deadpanned: 'You were very good for about three weeks.'

Allan Park

OJ's parting words to Park at the airport curb: 'thanks, add 20 percent'

Credibility Attacks (1)

⚔ Allan Park

Scope objection / characterizing intent

Baker moved to strike Park's statement that OJ 'didn't want Kato to get' the bag, arguing Park was improperly testifying to OJ's mental state rather than observed behavior. Sustained — Petrocelli then rephrased to elicit only what Park saw and heard.

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 8353 • 332 utterances • Plaintiff witness

Civil Trial

Department 103