📄 Redirect examination of Allan Park (part 1) — Wednesday, November 20, 1996
Address:
C:\DEPT103\CIVIL\1996\NOV\20\REDIRECT-EXAMINATION-OF-ALLAN-.DOC
TRIAL
▲ Day 19 of 57

Redirect examination of Allan Park (part 1)

Witness: Allan Park
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Wednesday, November 20, 1996 • Utterances: 527
Robert Baker cross-examines Allan Park, the limousine driver who picked up O.J. Simpson on the night of the murders. Baker's strategy centers on undermining Park's ability to have accurately observed anything extraneous to his primary task of finding the address and getting Simpson to the airport, extracting admissions that Park never saw blood, never heard a car arrive or door slam, and did not see the white Bronco because he was not looking for it. Baker also impeaches Park on the description of the figure he saw — pressing the robe-or-dark-clothing ambiguity from criminal trial testimony — the identity of the black duffel bag (Park insists Exhibit 899 is not the bag he saw), and the admission that Park originally called the Louis Vuitton bag a Gucci bag.
1 Q:

Didn't leave any blood either?

2 THE COURT:

Mr. Baker, I'm going to take 10 minutes.

10 minutes, ladies and gentlemen.

3 (Jurors resume their respective seats.)
4 Q:

Good morning.

There was no blood anywhere in that limousine after Mr. Simpson exited that vehicle, true?

5 MR. PETROCELLI:

Objection, lack of foundation.

6 THE COURT:

Overruled.

7 A:

Not that I saw, no.

8 Q:

Now, you recall during the -- well, let me ask you this, Mr. Park: During the time that you were with Mr. Simpson from around 11 o'clock until before -- until you left the airport at 11:35, 11:40, he made no attempt to conceal his hands, you didn't see any attempt for him to do that, did you?

9 A:

No.

10 Q:

And if -- you recall Ms. Clark in the criminal trial asking you some questions about his hands, true?

11 A:

Yes.

12 Q:

And you didn't see any cut or any blood oozing from his left ring -- middle finger, did you?

13 A:

No, I didn't.

14 Q:

And you -- you would have remembered had you seen -- strike that.

You didn't see any band-aid on his left middle finger, did you, either?

15 A:

No, I didn't.

16 Q:

You would have remembered if you had seen a band-aid on his left middle finger, wouldn't you?

17 A:

Yes.

18 Q:

And there was none present, correct?

19 A:

Correct.

20 Q:

Now, you've spent some time with Mr. Petrocelli, the plaintiffs' lawyers?

21 A:

Yes.

22 Q:

How much time have you spent?

23 A:

Five, six hours.

24 Q:

Six hours.

And that is after you had already testified at the trial for over two days, correct?

25 A:

Correct.

26 Q:

And your testimony, they had there, before you ever spent another five hours going over your testimony that was going to be presented in this case, correct?

27 A:

That's correct.

28 Q:

And they had your grand jury testimony that had already been taken under penalty of perjury at this time, correct?

29 A:

I would assume, yes.

30 Q:

And they had your -- all of your testimony at not only the preliminary hearing, but the grand jury proceeding, correct?

31 A:

Correct.

32 Q:

Now -- now, Mr. Park, your recollection of -- you've testified to some level of specificity here this morning. You would agree with that, correct.

33 A:

Yes.

34 Q:

And -- in other words, you seem to have a recollection about particulars, including the exact words my client, Mr. Simpson, used to you on the evening of June 12, 1994, correct?

35 A:

Correct.

36 Q:

Now, did Mr. Petrocelli go over with you the questions that he was going to ask you and the answers that you were going to give in the five hours that you spent before you came into court and gave your testimony not quite spontaneously?

37 MR. PETROCELLI:

Objection, argumentative.

38 THE COURT:

I'll overrule the objection.

If you understand the question?

39 A:

Some.

40 Q:

(BY MR. BAKER) Did he have a -- he had a list of typewritten questions for you, didn't he? You saw his questions, they were typewritten, relative to what areas you were going to go over, correct?

41 A:

Yes.

42 Q:

All right. Now, you had spent -- before you ever spent this five hours with Mr. Petrocelli, you spent a great deal of time with Marcia Clark from the prosecution before you testified at the criminal trial, had you not?

43 A:

Correct.

44 Q:

Now, let's go over your recollection a little bit.

Now, you picked up the bag that Mr. Simpson had out at his -- this Louis Vitton bag.

45 MR. BAKER:

That is Exhibit --

MR. P. BAKER: What, the criminal?

46 MR. PETROCELLI:

Use the civil number.

47 MR. BAKER:

We will, but we have to use the criminal number first. 1062.

48 Q:

(BY MR. BAKER) By the way, I have got graduated bifocals --

MR. P. BAKER: Civil, 895.

49 (The instrument herein described as a Louis Vitton bag was marked by reference to the Criminal Case No. BA097211 for identification as Defendants' Exhibit No. 895 by reference.)
50 Q:

(BY MR. BAKER) Because I'm nearsighted.

You're also nearsighted, aren't you, Mr. Park?

51 A:

Somewhat.

52 Q:

And you have glasses but choose at times not to wear them; is that right?

53 A:

Most of the time, not to wear them.

54 Q:

You picked up this Louis Vitton bag, put it in the trunk, right?

55 A:

Yes.

56 Q:

You took it out of the trunk, put it on a cart, right?

57 A:

Yes.

58 Q:

And you thought that was a Gucci bag, after you spent hours with the prosecution and you had testified at the criminal trial, true?

59 A:

Yes.

60 Q:

And so when you testified today, you said we now all know that it's a Louis Vitton bag. Did somebody tell you after your criminal trial -- after you picked this bag up, and testified for days, that this was not a Louis -- was not a Gucci bag, but a Louis Vitton bag?

61 A:

I was ragged on pretty hard for not knowing the difference between Gucci and Louis Vitton.

KEY QUOTE
62 (Laughter.)
63 Q:

Did somebody tell you this was a Louis Vitton bag?

64 A:

I think in the criminal trial they -- or in the prelim, somebody said could it have had an LV on it or whatnot.

65 Q:

And you still, regardless of that, in the preliminary hearing in July of 1994, testified in March of 1995 you thought it was a Gucci bag, right?

66 A:

The night of -- yes.

67 Q:

All right. Now, let me show you a golf bag.

MR. P. BAKER: 896.

68 THE CLERK:

Marked by -- both of those are marked by reference.

69 (The instrument herein described as a black duffel bag was marked by reference to the Criminal Case No. BA097211 for identification as Defendants' Exhibit No. 896 by reference.)
70 MR. BAKER:

I'm sorry, ladies and gentlemen, I'm -- put it up here where you can see it now.

71 Q:

(BY MR. BAKER) You -- you testified here this morning that Kato Kaelin put that bag in the car, did you not?

72 A:

That's correct.

73 (Indicating to large black duffel bag.)
74 Q:

You testified at the criminal trial that you put that bag in the car, did you not?

75 A:

That's wrong.

76 Q:

You did not do that, you didn't testify to that?

77 A:

Not that I remember, no.

78 Q:

Okay. Let me see if I --

79 MR. PETROCELLI:

Give me a page and line, Mr. Baker.

80 MR. BAKER:

Sorry?

81 MR. PETROCELLI:

Need a page and line.

82 MR. BAKER:

Yeah.

83 Q:

(BY MR. BAKER) You -- you didn't believe after you had handled that bag on two or three occasions on the night of June 12, 1994, you didn't believe that that in fact was the bag that you had handled that night, correct?

84 A:

It didn't look like the same bag, no.

85 Q:

And you have been since told that you were incorrect, that that is, in fact, the bag that you handled on more than one occasion on the night of June 12, 1994, correct?

86 A:

No.

87 Q:

You've never been told that?

88 A:

Told...

89 Q:

Well -- come down, if you would, sir.

Because it was your impression, as I recall, that you thought the "Swiss Army" lettering on that bag was different in size than the one you put in and took out of Mr. Simpson's car on the evening of June 12, 1994?

90 A:

Well, first of all, I didn't put it in the car, but I do believe that it was a different bag.

91 Q:

And you thought it had a different emblem on it?

92 A:

That's correct.

93 Q:

And if someone were to tell you that is, in fact, the bag that you handled on the night of June 12, 1994, you would disagree with that, sir, because your recollection is that that is the wrong bag, true?

94 MR. PETROCELLI:

Objection, argumentative.

95 THE COURT:

Overruled.

96 A:

That I would say that it was the right --

97 Q:

(BY MR. BAKER) My question --

98 A:

After somebody told me?

99 Q:

If, in fact, you were being told that that was in fact the bag, the golf bag with the golf clubs in it and the golf cover on it, that you handled on June 12, 1994, you would disagree with that, correct?

100 A:

That is the bag? I remembered a different bag that was in the trunk.

101 Q:

All right. Fair enough.

You may resume your seat.

Now, you also --

102 (Indicating to Exhibit 116.)
103 MR. BAKER:

Thank you.

104 Q:

(BY MR. BAKER) You were in --

105 MR. BAKER:

Can you put that shot on the Elmo in the -- in the -- looking into Rockingham from the Ashford gate, please.

MR. P. BAKER: 114.

106 (The instrument herein described as a photo of Ashford gate at Rockingham with person to the left was marked for identification as Defendants' Exhibit No. 114.)
107 Q:

(BY MR. BAKER) Now, as I understand it, sir, your car was pulled into the driveway and you were sitting in the driver seat for awhile and you were also out next to the -- to the phone on the left of the gate as we look at the picture on the monitor, correct?

108 A:

That's correct.

109 Q:

Okay. And we've heard from Sergeant Edward that he could, from standing out in the street, see the Rockingham gate.

It's your testimony you couldn't see the Rockingham gate at all from the position that you were in while the car was approaching that gate, correct?

110 MR. PETROCELLI:

Objection, misstates the evidence.

111 THE COURT:

Rephrase it.

112 Q:

(BY MR. BAKER) When you were in the vehicle, you were five or six feet behind the gate seated in the vehicle, correct?

113 A:

Seated, yes.

114 Q:

All right. And you were looking out the windshield, true?

115 A:

True.

116 MR. PETROCELLI:

Mr. Park, keep your voice up. Thanks.

117 Q:

(BY MR. BAKER) And you were very concerned about locating Mr. Simpson and getting Mr. Simpson to the airport in time to catch a 11:45 flight, correct?

118 A:

Correct.

119 Q:

And that was your main concern with the whole evening; is that not true?

120 A:

That's correct.

121 Q:

In other words, as I recall, isn't it a fact, sir, that you were a part-time driver, you lived next to -- in the same area as Dale St. John?

122 A:

Correct.

123 Q:

And this was kind of a big responsibility on the night of June 12, 1994 to pick up someone of Mr. Simpson's stature, a celebrity, correct? You didn't want to screw it up, did you?

124 A:

No.

125 Q:

All right. And so the concern was to get there in plenty of time and to make sure you did everything to get Mr. Simpson to the airport in time to catch that flight, true?

126 A:

True.

127 Q:

Okay. And you weren't, of course, concerned about whether or not there was cars parked on Rockingham or not, correct?

128 MR. PETROCELLI:

Objection as to time, Your Honor.

129 Q:

(BY MR. BAKER) When you drove up there at 10:22, you weren't concerned about whether or not cars were parked on Rockingham, were you?

130 A:

No, I wasn't.

131 Q:

And you didn't look for cars parked on Rockingham. Your concentration was focused on looking at numbers so that you could find Mr. Simpson's house and do the job that you were supposed to do that night, correct?

132 A:

That's correct.

133 Q:

And you have -- you've stated with some degree, sir, of specificity here this morning that -- that you are sure, in your own state of mind, that there wasn't a Bronco in front of 360 North Rockingham when you drove up there at 10:20 or 10:22?

Do you recall that?

134 A:

I didn't see one.

135 Q:

And when you testified -- you're positive you didn't see it, right?

136 A:

Didn't see one.

137 Q:

Let me read from 7 -- 20793, starting at line 13. The answer goes over to 794 and down to page 13 -- or line 13, sorry.

138 MR. BAKER:

Tell me when you're ready, please.

Ready? Thank you.

139 (Nods.)
140 Q:

(BY MR. BAKER) Question by Ms. Clark. (Reading) When you were looking at the curb and

you say you saw this address, you indicated

earlier that you did not see a white Ford

Bronco?

Answer: I wasn't looking for it. I didn't

see it.

Question: Are you sure you didn't see it?

Answer: I wouldn't say I'm positive. I

wasn't looking for a car. I was looking for

an address.

141 Q:

(BY MR. BAKER) Now, that was your testimony at the criminal trial, correct, sir?

142 MR. PETROCELLI:

Can you read lines 1 through 7 that complete that line, Mr. Baker. 20795, following page.

143 MR. BAKER:

I haven't even looked at that. I'm --

144 MR. PETROCELLI:

I'll read it.

145 MR. BAKER:

Fine.

146 Q:

(BY MR. BAKER) Now, your concern is, as you indicated here, you weren't looking for a vehicle when you went past 360 North Rockingham; you were concentrating on looking for the address, correct, sir?

147 A:

That's correct.

148 Q:

And, in fact -- let's just carry that -- that whole thing through for a minute.

Now, when you exited the Rockingham property with Mr. Simpson and the vehicle headed to the airport, as I understand your testimony, there was a car going from north to south, correct?

149 A:

Correct.

150 Q:

And you, in fact, saw the headlamps of that vehicle illuminate the roadway in front of you, did you not?

151 A:

Yes.

152 Q:

And that gave you an indication that there was a car obviously, a vehicle coming up and that you should pause to wait for the car, correct?

153 A:

Correct.

154 Q:

And you never saw any Bronco or any other car there because that wasn't your area of concentration when you left Rockingham at around 11:30 -- or 11:15, I'm sorry, correct?

155 A:

That's correct.

156 Q:

Okay. And that vehicle, the white Ford Bronco, is a pretty good size vehicle, isn't it?

157 A:

Yes.

158 Q:

Okay. And if you were looking right as you were in the driveway and as you're coming out of the driveway waiting for a car going from north to south, you couldn't have missed it, right?

159 A:

Never paid attention to it.

160 Q:

And you never paid attention to a white Ford Bronco or any other vehicle when you were coming in, correct?

161 A:

No, it wasn't my concern.

162 Q:

All right. Now, in terms of your -- well, let me go back a little bit, relative to the area that Mr. Simpson's property is located, that Rockingham-Ashford area.

Now, that area at 10 o'clock on Sunday night is very quiet, true?

163 A:

True.

164 Q:

That is -- you mentioned something about when you came up to the property and you turned around -- excuse me -- and parked with your vehicle over on the north side of Ashford, that you were concerned about traffic on Rockingham.

Remember that testimony this morning, sir?

165 A:

Yes.

166 Q:

There is very little traffic on Rockingham, isn't that true, car every five minutes maybe?

167 MR. PETROCELLI:

Vague as to time and lack of foundation.

168 Q:

(BY MR. BAKER) Any time you were there, from 10:22 until you pulled the vehicle into the driveway at 11 -- 10:55?

169 A:

There was more traffic on Rockingham than there was on Ashford.

170 Q:

And the traffic is what, a car every four, five, six minutes? While you were there smoking a cigarette, you didn't see very many vehicles go past, did you?

171 A:

Very few.

172 Q:

And when you did see a vehicle go past, while you were sitting on the curb over by Ashford, you could see the lights illuminate up -- north on Rockingham, could you not, before you ever saw the vehicle, true?

173 A:

If I was looking for it, yes.

174 Q:

You could hear the vehicle before you ever saw the vehicle because it's a very quiet area, isn't that correct?

175 A:

Yes.

176 Q:

Your concentration between 10:40 and 10:55 was to see if you could locate Mr. Simpson so you could carry out your job that night to get him to the airport, right?

177 A:

That's correct.

178 Q:

And so your senses including your hearing, your sight, everything, was kind of looking to see if you could see anybody that would give you any indication that you were going to be able to carry out your duties that night, correct?

179 A:

Correct.

180 Q:

And your anxiety level, I assume, sir, relative to whether or not you were in fact going to be able to carry out your duties increased as you got closer to 11 o'clock, true?

181 A:

That's true.

182 Q:

And you were really looking and searching for any indication that if there was anybody in the house, anybody around, anybody was coming to the house, true?

183 A:

True.

184 Q:

And you did not at any time hear a car drive up or hear the sound of a car stopping anywhere around that area; isn't that true?

185 A:

That's true.

186 Q:

Never heard a door slam, never heard the sound of a car engine, anything like that, correct?

187 A:

Correct.

188 Q:

And you didn't see from your vantage point over here on Ashford, you didn't see any headlights coming down -- I guess it would be up if we're going north up Rockingham, that a car stopped before it passed Ashford, you didn't see that either, did you, sir?

189 MR. PETROCELLI:

I'll object as to time and no foundation that he was looking, Your Honor.

190 THE COURT:

Okay. Set the time, Mr. Baker.

191 MR. BAKER:

Sure, be happy to.

192 Q:

(BY MR. BAKER) You didn't see a car --

Well, let me go back and see If I can rephrase it and include the time sequence.

Now, you got to the property at approximately 10:22, right?

193 A:

Correct.

194 Q:

And for you as a limo driver, is 10:22 approximate? I mean for me it's pretty exact, but for you is that approximate?

195 A:

Yes.

196 Q:

Okay. Fair enough. Came past the 360 seen down by the curb that we see on the TV monitor, drove down Ashford, turned around, correct?

197 A:

Correct.

198 Q:

Got out of your vehicle, were smoking a cigarette and doing whatever from approximately 10:22 to 10:39, right?

199 A:

Correct.

200 Q:

Got in your car at 10:39, drove your car around and looked into the gate that we -- area that we -- well, that's Ashford.

201 MR. BAKER:

Can we put up the Rockingham photo for a minute, please, Steve.

MR. P. BAKER: That's 191.

202 THE COURT:

All right,

203 MR. BAKER:

Move it over to the gate. And focus.

MR. P. BAKER: I'm trying, "Judge."

204 (Exhibit 191 displayed on Elmo.)
205 Q:

(BY MR. BAKER) Okay. You looked -- drove your vehicle up, you were on -- obviously since you were headed in a southerly direction, this way, you look up at the gate area in this area, correct?

206 A:

Correct.

207 Q:

And when you looked up in that gate area, that was about 10:39, 10:40, and again, your concentration wasn't for any vehicle that was parked on the street, was it?

208 A:

No, that's not my concern.

209 Q:

Backed up -- backed up to Ashford.

210 MR. BAKER:

No, put the other one up.

211 Q:

(BY MR. BAKER) And pulled the vehicle in with the nose of the vehicle almost touching the gate, correct?

212 A:

Correct.

MR. P. BAKER: 114 is on the screen.

213 (Exhibit 114 displayed.)
214 Q:

We know at this point in time you got out of the vehicle, right? So you were standing at that point in time at 10:40, 10:41, you were still obviously concerned about seeing Mr. Simpson, seeing if you could find Mr. Simpson, and you were looking into the area that you could see of the property from where you were at the call button, correct?

215 A:

That's correct.

216 Q:

And so your concern was then on that area, true?

217 A:

True.

218 Q:

And you could see from the call box all the way over to the Rockingham gate without any trouble, couldn't you, when you're at the call box, true?

219 A:

I didn't see it, no.

220 Q:

Is it your testimony, sir, that from standing at the call box and looking into the gate, that there was something that obstructed your view to the Rockingham gate?

221 A:

Yes.

222 Q:

What was that?

223 A:

That would be the play area and trees and --

224 Q:

The play area is an area that has what in it, do you have any recollection from your evening on the 12 or of your subsequent review of photographs of Mr. Simpson's property?

225 A:

No, I have no idea.

226 Q:

The play area is just an area with sand in it, isn't it?

227 MR. PETROCELLI:

Objection, no foundation. He said he doesn't know.

228 THE COURT:

Sustained.

229 Q:

(BY MR. BAKER) There is nothing in the play area, Mr. Park, that would obstruct your view, is there?

230 MR. PETROCELLI:

Same objection.

231 THE COURT:

Overruled.

232 A:

Well, there looks like there's some big trees there or bushes or something.

233 Q:

Well, you're what, about 5' 11, 10?

I'll give you the benefit of the doubt. How's that?

234 A:

We'll say about that.

235 Q:

Okay. Fair enough.

Do you know if you wear a size 12 shoe?

Now, when you look under --

236 (Laughter.)
237 Q:

(BY MR. BAKER) Now, when you looked under the tree, it had some level of height before the branches on it; is that correct? Or if you -- and if you didn't make any note of it, just tell us.

238 A:

I didn't pay any attention.

239 Q:

Fine. Thank you very much.

Now, in terms of your analysis, you were inside the gated area in Rockingham for what, 20, 25 minutes?

240 A:

Little less.

241 Q:

All right. And during that period of time, you noted the specific movements of my client, Mr. Simpson, out away from the area where you were parked in the driveway?

242 MR. PETROCELLI:

Objection, vague as to specific movements.

243 THE COURT:

Overruled.

244 Q:

(BY MR. BAKER) You noted that, did you not. You noted him walk across the driveway, right?

245 A:

Yes.

246 Q:

And you noticed with some particularity, sir, that there was a bag you say that was in the driveway?

247 MR. BAKER:

Phil, will you put up the one that he --

MR. P. BAKER: I think it's 1464.

248 (Exhibit 1464 displayed on Elmo.)
249 MR. BAKER:

We've got 1464 on the monitor.

Can you back it up, please.

250 Q:

(BY MR. BAKER) Now, in the criminal trial this is the exhibit that you drew on at the criminal trial, right?

251 A:

Correct.

252 MR. PETROCELLI:

No. Objection. Objection, misstates his testimony that he drew on it.

253 THE COURT:

That's true.

254 MR. BAKER:

Pardon?

255 THE COURT:

He didn't testify that he drew it.

256 MR. BAKER:

Let's go back.

MR. P. BAKER: Number 1456.

257 (Exhibit 1456 displayed on Elmo.)
258 Q:

(BY MR. BAKER) At the criminal trial, you were able to direct people where to put various markings on this diagram, correct?

259 A:

Correct.

260 Q:

And you were able to, for example, if you felt that this blue X was in the wrong place, you were able to tell them to move it -- no, it's further south, correct, but you didn't?

261 MR. PETROCELLI:

Compound.

262 THE COURT:

Overruled.

263 MR. BAKER:

I'll withdraw it.

264 Q:

(BY MR. BAKER) You were able to direct the person who was putting the marks on the Elmo where to put them, were you not, sir?

265 A:

If I wanted to, yes.

266 Q:

And you directed where the blue X on the letter A is on driveway, correct?

267 A:

That's correct. I told him to stop there.

268 Q:

And this, on the monitor, was the diagram that we have over here on the easel, was it not, and then you put some markings on it -- or markings were put on it, rather, at your direction, true?

269 A:

True.

270 Q:

All right. And what does the B stand for that's on the exhibit that's on the Elmo, sir?

271 A:

That's for the bag.

272 Q:

And you said that there was a bag right in the area where the B was, true?

273 A:

True.

274 Q:

And you also testified, after being in the area for 20 to 25 minutes and noting with specificity where the bag was; that there were two cars parked in the cut-out area, did you not?

275 A:

That's what I observed.

276 Q:

If fact, there were not two cars there on that night, were there?

277 A:

I still don't know.

278 Q:

Well, was it your understanding, sir, that of the purported two cars that were in that cut-out area on the -- well, strike that.

When you left you drove right by the cars, car or cars, that were in the cut-out area before you left, didn't you?

279 A:

Yes.

280 Q:

And in other words, your vehicle was parked going south and you drove out the Rockingham gate and then proceeded up Rockingham right past these purported two vehicles that were -- that were allegedly parked there, right?

281 A:

Correct.

282 Q:

And in your recollection of the events of that evening, those recollections came after you had spent some hours with Ms. Clark and seen pictures of the vehicles that were parked in the driveway; isn't that true?

283 A:

Not that I remember, no.

284 Q:

Is it your recollection that there was a Saab convertible parked as the back most vehicle when you say that you were there on June 12, 1994?

285 A:

I never said what type.

286 Q:

I'm asking you, sir, is that the type it was, or do you have a recollection of that at all?

287 A:

No.

288 Q:

You have a recollection of exactly where this bag was purportedly placed? Was it placed behind a Bentley, was it placed behind a Saab, was it placed behind some other type of vehicle, or is it possible you don't have a clear recollection of that at all.

289 MR. PETROCELLI:

Misstates his testimony. He didn't say anything about exactly, Your Honor. It's argumentative and compound.

290 THE COURT:

Overruled.

291 A:

It was behind a vehicle.

292 Q:

(BY MR. BAKER) Well, as you sit here now, you have no recollection of what type of vehicle, how far it was behind, and what color it was, right?

293 A:

That's correct. Didn't care.

294 Q:

And so, wasn't really your concern that night, was it?

295 A:

No, it wasn't.

296 Q:

You knew it was a dark, thought maybe it was a dark bag, right? You don't know whether it was this bag or any other bag, do you?

297 MR. PETROCELLI:

Object, misstates his testimony.

298 Q:

(BY MR. BAKER) This bag is Exhibit 899.

You don't know whether it was this bag or any other bag, do you?

299 MR. PETROCELLI:

Misstates his testimony.

300 THE COURT:

You may answer.

301 MR. BAKER:

I'm asking a question.

302 THE COURT:

Do you know whether it was this bag?

303 ALLAN PARK:

That's not the bag I saw.

KEY QUOTE
304 Q:

(BY MR. BAKER) Not the bag you saw.

Let me ask you this: Was that purported -- the bag that you saw 10 feet behind the vehicle, 15 feet behind the vehicle; how far was it, sir?

305 A:

Five feet, ten feet.

306 Q:

And you remember specifically the bag with enough specificity to say that it was not Exhibit 899, right?

307 A:

That's correct.

308 Q:

Now, Mr. Petrocelli showed you an exhibit of -- a picture of Exhibit 899 in the five hours that you spent with him, didn't he?

309 A:

Yes, he did.

310 Q:

And he told you that that wasn't the bag, didn't he?

311 MR. PETROCELLI:

Objection, hearsay, Your Honor.

312 THE COURT:

Overruled.

313 A:

Him and others.

314 Q:

(BY MR. BAKER) They all told you that wasn't the bag, huh?

315 A:

No, I told them that it wasn't the bag.

316 Q:

Oh, I see. Fair enough.

Now, when you were parked at the Ashford gate, as I understand it, you got out of your vehicle, went over to the intercom, pushed the button, and didn't hear anything, got back in, and that's when you started making the multiple telephone calls, right?

317 A:

Correct.

318 Q:

And in these multiple telephone calls, as I understand it, the last telephone call that you made before you saw Mr. Simpson was a telephone call -- that was an incoming call -- strike it. Not that you made -- an incoming call from your boss Mr. St. John, correct?

319 A:

I didn't understand that.

320 Q:

Okay. The last call you got was from your boss, and you were talking to him when you saw this person that you identified at the criminal trial, first observed where the blue X is, and then walking towards the front door, you were on the phone with Dale St. John at this time, correct?

321 A:

That's correct.

322 Q:

And what you were on the phone with him about was discussing whether or not Mr. Simpson was there or was going to miss the trip that you were to provide from his home to LAX, right?

323 MR. PETROCELLI:

Objection. He objected to the conversation with St. John.

324 MR. BAKER:

It was overruled.

325 MR. PETROCELLI:

No, it was stricken at your request. Now he's eliciting the same conversation.

326 MR. BAKER:

No, I'm not.

327 THE COURT:

If he's eliciting, then's he waiving it.

328 MR. PETROCELLI:

Then I would like the testimony not to be stricken that I elicited.

329 THE COURT:

You may reask it on your redirect.

330 MR. PETROCELLI:

Thank you, Your Honor.

331 Q:

(BY MR. BAKER) The subject matter that you were talking about to Mr. St. John was the subject matter of Mr. Simpson going -- whether he was there, and getting him to LAX, was it not?

332 A:

There's correct.

333 Q:

And you say during that conversation you saw an African American about 6 feet tall, 200 pounds at the place where the blue X is, walking towards the front entrance of the home, true?

334 A:

Around that area, yes.

335 Q:

Now, I take it that you had -- and you didn't tell Dale St. John anything about visualizing this African American, 6 feet tall, 200 pounds, walking from the area in the driveway into the entrance of the house, never said a word to him, right?

336 A:

That's correct.

337 Q:

Now, this is after you had been at the property, now, for 30 minutes looking for Mr. Simpson, right?

338 A:

Correct.

339 Q:

And this is after you, of course, have, like everybody else, seen him on television more than once, had you not?

340 A:

True.

341 Q:

And I take it, sir, that it crossed your mind that possibly Mr. Simpson -- his house, he's a pretty good size guy, he's an African American, and this walking towards the entrance of the house, and you never said one word to your boss about that?

342 A:

No.

343 Q:

No. Okay.

Now, you say that when you saw this individual, that this individual is dressed in dark clothing, right?

344 A:

Yes.

345 Q:

Now, and you've now testified here in court that it was dark pants, dark shirt, right?

346 MR. PETROCELLI:

Excuse me, Your Honor, I object to "now," it's argumentative, misstates his prior testimony.

347 THE COURT:

Overruled.

348 Q:

(BY MR. BAKER) You've now testified in this courtroom that he was wearing dark pants, dark shirt, right?

349 A:

Dark bottoms and dark top, yes.

350 Q:

And you testified at the criminal trial that he could have been in a robe, you didn't know, isn't that true, sir?

351 A:

No, that is not true.

MR. P. BAKER: That is 20847, starting at line 3.

352 MR. PETROCELLI:

Hold on. Before you put it on -- please take it off.

353 MR. BAKER:

Take it off until we get --

354 MR. PETROCELLI:

20847 where?

MR. P. BAKER: Starting at line 3.

355 MR. BAKER:

3 to 21.

356 (Indicating to transcript displayed on Elmo.)
357 MR. PETROCELLI:

Okay, Mr. Baker.

358 MR. BAKER:

Thank you.

You can put it up, Phil.

359 (Mr. P. Baker complies, displays transcript on Elmo.)
360 Q:

(BY MR. BAKER) You testified that you saw the figure. (Reading.)

Question: And you saw that figure for only

a second or so, isn't that correct?

Your answer, yes.

Question: You told us that that figure was

attired in something dark and it could have

been a robe, you don't know what it is; is

that correct?

Then there's some objections.

It could have been a robe; is that correct?

Answer: It seemed to be dark clothing. It

could have been anything.

Question: It could have been anything

because you don't know, isn't that true?

That's true.

Question: You just got a fleeting glance,

isn't that right?

Yes, sir.

Strike that. You just got a fleeting

glance, isn't that right, sir?

Yes.

361 MR. BAKER:

Now there's one more.

362 MR. PETROCELLI:

Read lines 22 through 25 on this point, Mr. Baker.

363 MR. BAKER:

You got to tell me before I --

364 MR. PETROCELLI:

Same page. It's the very next question and answer, it's on the screen.

365 MR. BAKER:

(Reading.)

And you never had a chance to see the hem of

the robe swirling around or anything of that

nature, did you?

Answer: No.

366 MR. PETROCELLI:

Okay.

367 Q:

(BY MR. BAKER) Now, you never, of course, saw what -- from your vantage point, whether or not Mr. Simpson or whoever the person was, had bare legs, did you?

368 A:

No.

369 Q:

And you never saw --

370 MR. BAKER:

Put that back up, that's on the Elmo, please, the picture, please.

MR. P. BAKER: That is 1456.

371 (Exhibit 1456 displayed on Elmo.)
372 Q:

(BY MR. BAKER) You never saw, from your vantage point, anybody walking along in this area. The first time you ever saw any human being, black, African American, 6 feet tall, 200 pounds, was in the area where you had the blue X placed on the exhibit that's on the monitor, correct?

373 A:

Correct.

374 Q:

You didn't see anybody up the Rockingham portion of the driveway in front of the garage, in front of the breakfast nook, true?

375 A:

True.

376 Q:

Now, is it your testimony, Mr. Park, that when you observed -- and let's just assume that it's Mr. Simpson, okay -- lived in the place, was an African American, he's 6 feet tall, 200 pounds, okay.

When you saw Mr. Simpson, was it simultaneously that you saw Mr. Kaelin?

377 A:

Almost.

378 Q:

Now, who did you see first?

379 A:

Mr. Kaelin.

380 Q:

So you saw Mr. Kaelin first, and I take it that during this period when you're talking to your boss, and you're observing out the windscreen (sic) of your automobile, you're trying to see activities in here because you're really concerned about whether or not you're going to get Mr. Simpson to the airport, right?

381 A:

Correct.

382 Q:

So your senses are pretty good, and you're scanning the whole area to see whether or not there's any movement, any activity whatsoever, correct?

383 A:

Correct.

384 Q:

All right. And so virtually simultaneously you see Mr. Kaelin at an area where the path intersects the driveway, right?

385 A:

Yes.

386 Q:

And you saw Mr. Simpson for a fleeting second going into the house, right?

387 A:

Yes.

388 Q:

And it's your testimony in this courtroom, sir, that you didn't pay attention to anything that Mr. Kaelin did after that fleeting second, you just sat in your car?

389 A:

That's correct.

390 Q:

And Mr. Kaelin was now -- by now Mr. Simpson has entered his residence, hasn't he?

391 A:

I'd assume, yes.

392 Q:

And you're still out there scanning the interior of Rockingham and you don't pay attention to what Mr. Kaelin does?

393 A:

No, not the whole time. After the person went into the house, I figured somebody was there and I was a little bit more relaxed and wasn't even looking through the gate any more, I was looking at the dashboard and just talking on the phone.

394 Q:

So you have a clear recollection as you sit here now, some two and a half years later, that it wasn't any concern of yours to see where Mr. Kaelin went, to see whether or not he was going to open the gate, and now you got relaxed and you have a recollection of looking at the dashboard. Had the dashboard moved in the interim?

395 A:

No.

396 Q:

All right. And there was no -- there certainly wouldn't have been, Mr. Park, any additional information on the dashboard that hadn't been there for the minute you'd been up there, correct?

397 A:

True.

398 Q:

All right. Now, then you -- some minutes later Mr. Kaelin opens the gate for you?

399 A:

About a minute.

400 Q:

Okay. So you saw him at the point where the green arrow is on the exhibit, and you then -- there was no other activity, you looked away, and approximately a minute later you see Mr. Kaelin at the gate control box, right?

401 A:

Yes.

402 Q:

And you don't know what happened to Mr. Kaelin during the whole other time, right?

403 A:

Don't really care.

404 Q:

Okay. And whether you care or not, you don't know?

405 A:

Don't know.

406 Q:

And in that 60 seconds you hadn't observed him walking in any direction, north, south, east, or west, or any variations thereof, true?

407 A:

True.

408 Q:

Now, after you then get the gate open, you drive from the gate directly to the area where the front entrance is, true, sir?

409 A:

True.

410 Q:

And when you -- you didn't have to wait for the dog or anything like that, did you?

411 A:

Not that I remember, no.

412 Q:

You just drove straight in; there was no dog crossing your path or anything, right?

413 A:

No.

414 Q:

Okay. After you get there, you get out of your vehicle, and is it Kato that puts the golf bag in the vehicle?

415 A:

From what I remember, yes.

416 Q:

And was it you that put the -- strike that.

You thought originally, your memory was that there were two duffel bags in that little entranceway area; isn't that correct?

417 A:

That's what I thought, yes.

418 Q:

Thank you.

This was one of the duffel bags, right?

419 A:

Yes.

420 MR. BAKER:

And this was 1064?

MR. P. BAKER: Civil 897.

421 MR. BAKER:

897.

422 Q:

(BY MR. BAKER) Your recollection of the events on the night of June 12, 1994 was that there was two duffel bags; you put those both in the back of the car, right?

423 A:

Correct.

424 Q:

And in fact one of those purported duffel bags was a foldover suit garment bag, correct?

425 A:

Yes.

426 Q:

So your recollection in that regard was a little -- little off, huh?

427 A:

Yes.

428 Q:

And then, sir, after you put the garment bag and the -- Kato put the golf bag in the back, that's when you had this encounter with Kato relative to the flashlight and whether there was an earthquake; is that right?

429 A:

That correct.

430 Q:

And it was after that that you had -- Mr. Simpson comes out of the front door and he's dressed in stone-washed blue jeans and a white T-shirt or white shirt, correct?

431 A:

I don't understand the time line there. He just -- that was the first time he came out, no.

432 Q:

Well, after you had pulled in, opened the door, how long was it till Mr. Simpson came out of the front door of that house dressed in a white shirt and stone-washed Levi's?

433 A:

Five or six minutes.

434 Q:

And have you a specific recollection of that?

435 A:

Yes.

436 Q:

All right. And in the interim was he carrying anything when he came out?

437 A:

The Louis Vitton bag.

438 Q:

The Louis Vitton bag, then Gucci bag?

439 A:

What I thought.

440 Q:

Okay. Fair enough. And he put that down and walked over towards the Rockingham portion of the driveway, right?

441 A:

From what I remember, yes.

442 Q:

And you didn't obviously keep track of where he went, did you?

443 A:

No.

444 Q:

And then -- and you were chatting with Kato about the thumps and flashlights, et cetera?

445 A:

Yes.

446 Q:

Mr. Simpson came back, and you had already put the Louis Vitton bag in the trunk, right?

447 A:

Correct.

448 Q:

And came back, and he had another package with him, didn't he?

449 A:

Came back from where?

450 Q:

When he came back from the Rockingham driveway, he had another package with him, didn't he?

451 A:

Not that I remember.

452 Q:

You don't have a recollection one way or the other?

453 A:

No.

454 Q:

All right. And then after that, was there this discussion concerning getting a flashlight from inside the house?

455 A:

That who?

456 Q:

Did you hear a conversation between Kato and O.J. relative to getting a flashlight so that they could do a search inside --

457 A:

No, I didn't.

458 Q:

You actually followed them into the house, didn't you?

459 A:

At one time, I was in the front section of the house, the entrance.

460 Q:

By the way, did you ever see any blood in that front section?

461 A:

No.

462 Q:

Did you ever see any blood in the front entranceway?

463 A:

No.

464 Q:

When you were bending down to pick up the -- garment bag or whatever, did you ever see any blood in that area?

465 A:

No.

466 Q:

The lights were on, there's a lamp observed, called in this case, at least, the coach lamps?

467 A:

Yes.

468 Q:

In other words, there's a lamp in his front entrance. There's a lamp above the right and left side of the door as you face it, correct?

469 A:

From what I remember, yes.

470 Q:

All right. And these were both on, correct?

471 A:

Yes.

472 Q:

And there was absolutely nothing observed by you that even closely resembled blood in the foyer, on the ground, or in the entranceway, true?

473 A:

Correct.

474 MR. BAKER:

This a good place, Your Honor.

475 THE COURT:

Okay.

Ladies and gentlemen, come back at 1:30.

Don't talk about this case, don't form or express any opinions.

476 THE CLERK:

Exhibit 897 was marked by reference.

477 (The instrument herein described as a leather-like bag was marked by reference to Criminal Case No. BA097211 as Defendants' Exhibit No. 897.)
478 (At 11:55 A.M. a recess was taken until 1:35 P.M. of the same day.)
479 (REGINA D. CHAVEZ, OFFICIAL REPORTER)
480 (The jurors resumed their respective seats.)
481 (The following proceedings were held in open court, in the presence of the jury.)
482 MR. BAKER:

Thank you. Excuse me.

ALLAN PARK, the witness on the stand at the time of the luncheon recess, having been previously duly sworn, was examined and testified further as follows:

CROSS-EXAMINATION BY MR. BAKER:

483 Q:

Good afternoon, sir.

484 A:

Good afternoon.

485 Q:

Would you put that diagram back up.

MR. P. BAKER: 1452.

486 MR. PETROCELLI:

It's 56.

MR. P. BAKER: 56. Took a long lunch.

487 MR. BAKER:

Have to be retrained after lunch.

488 MR. PETROCELLI:

So the record is clear, it's 1456.

489 MR. BAKER:

Fair enough.

490 (Exhibit 1456 displayed on Elmo.)
491 Q:

(BY MR. BAKER) Now, Mr. Park, the B is for the bag that you say you noticed when you were about 20 feet away from it; is that right?

492 A:

About 24, yes.

493 Q:

And you believe that bag was behind the second car that was parked over there in the cut-out area, correct?

494 A:

It was behind the car, yes.

495 Q:

It was behind the second car, was it not?

496 A:

Yes.

497 Q:

And you don't even know, after you saw Mr. Simpson go towards the bag, you don't know if that bag was put in the trunk; you don't know if that bag -- well, strike it.

Let me ask you this: When you talked about the bag, you talked about Mr. Simpson being at the back of the limo with -- with duffle bags and looking into the bags, you were meaning to imply that you went over, picked up the bag where the "B" was, took it into the interior of the limousine with him; isn't that true?

498 A:

No, that's not true. I never saw where he put the bag.

499 Q:

You don't know if that bag was put in the back of the car; you don't know if that bag was put in the cab of the car, do you?

500 A:

No, I don't.

501 Q:

Do you -- you don't know if Mr. Simpson was, in this automobile going to the airport, looking in that bag or any other bag, do you?

502 A:

No.

503 Q:

And when you put the -- the -- directly where this blue cross is put on this diagram that's on the monitor, these were -- were potted plants, were they not, right there (indicating)?

504 A:

I believe so.

505 Q:

And you directed them to put the X up between those potted plants, did you not, sir?

506 A:

Not that I remember, no.

507 Q:

Now, as I understand your testimony, on -- on examination by Mr. Petrocelli, the -- you say the X should have gone down below the area where it's placed because Mr. Simpson had to kind of cut the corner.

And you could view this all at night from your vantage point out on Ashford, right?

508 A:

Correct.

509 Q:

And you also said that you could view this -- and at that time, you said there were no lights on downstairs, right?

510 A:

From what I viewed, no.

511 Q:

And you also testified, of course, that Mr. Simpson was in dark clothing. And he's a black African-American, correct?

512 A:

Correct.

513 Q:

And now, when you were directing the -- the mark to be put, which was -- there was an arrow on that, whatever that Teleprompter thing was, that came up on the -- on the Elmo, was it not?

514 A:

I believe so, yes.

515 Q:

And that's how you directed them to put the mark on there, correct?

516 A:

Correct.

517 Q:

And you asked them -- when you were directed where to put the mark, you said up further, not down; isn't that true, sir?

518 A:

I don't really -- don't remember that.

519 Q:

I know I'm asking you a long time ago.

Let me just read from your transcript, when you put that mark on there, at 2808 --

520 MR. PETROCELLI:

I have 2571.

521 MS. MOLINARO:

What's the citation?

522 MR. BAKER:

20808. 20000 -- Yeah.

You want to see it?

523 MS. MOLINARO:

I got it.

MR. P. BAKER: You want it on the board?

524 MR. LEONARD:

Wait. Let him read it.

525 MR. BAKER:

Now, let me -- (Reading:) "Q. Can you please indicate, if

you would, sir, direct that arrow, if you

can find it on this photograph."

I'm sorry. Did you.

526 MR. PETROCELLI:

Your Honor, I think that's the wrong place. I think it's referred to --

Can I discuss this at side bar?

527 THE COURT:

Okay.

THE COURT REPORTER: With the reporter?

Temperature

tense

Key Quotes (5)

Allan Park
I was ragged on pretty hard for not knowing the difference between Gucci and Louis Vitton.
Self-deprecating moment that disarmed courtroom tension; also underscores that Park's original bag identification was careless, which Baker uses to suggest unreliable observation generally.
Allan Park
I wouldn't say I'm positive. I wasn't looking for a car. I was looking for an address.
Park's own criminal trial testimony read back to him by Baker, establishing that his non-sighting of the Bronco was not a positive observation of absence but simply a failure to look — directly undermining the plaintiff's use of Park to imply the Bronco was absent.
Allan Park
That's not the bag I saw.
Park's persistent refusal to identify Exhibit 899 as the bag he saw at the driveway, maintained even under sustained pressure — potentially significant to the theory of evidence disposal.
Allan Park
It seemed to be dark clothing. It could have been anything.
Baker reads this from criminal trial transcript p. 20847, directly contradicting Park's more specific civil trial testimony of 'dark bottoms and dark top,' raising the robe-or-clothing ambiguity critical to Simpson's alibi that he had just showered.
Allan Park
No. I told them that it wasn't the bag.
When Baker implies Petrocelli coached Park to say Exhibit 899 was not the bag, Park corrects the implication — he told the lawyers it wasn't the bag, not the other way around — protecting his independence as a witness.

Evidence (8)

895 (civil) / 1062 (criminal)
Louis Vuitton bag carried by Simpson that night; Park originally identified it as Gucci
discussed
896 (civil)
Black duffel/golf bag — Park disputes this is the same bag he handled on June 12, 1994
challenged
897 (civil)
Leather-like bag, one of the two duffel bags Park recalled from the entranceway
discussed
899 (civil)
Blue bag identified by defense as the bag from the driveway; Park firmly denies it is the bag he saw
challenged
114
Photo of Ashford gate at Rockingham with person to the left — used to establish Park's vantage point and sightlines
discussed
191
Photo looking toward the Rockingham gate from outside, used to question whether Park could see the gate from his position
discussed
+ 2 more

Notable Exchanges (4)

Robert BakerAllan Park
Baker establishes the Bronco non-sighting was not a positive observation: Park testified at the criminal trial 'I wouldn't say I'm positive. I wasn't looking for a car. I was looking for an address.' Baker extends this to show Park also didn't hear any car engine, door slam, or see headlights of a stopping vehicle during the entire wait outside Rockingham.
strategic
Robert BakerAllan Park
Baker confronts Park with his description of the figure seen entering the house — civil trial says 'dark bottoms and dark top' but criminal trial transcript shows 'it could have been anything' and 'could have been a robe.' Park concedes the criminal trial testimony.
revealing
Robert BakerAllan Park
Extended exchange over the black duffel bag (Exhibit 899). Baker tries to suggest Park was coached by Petrocelli to deny it was the bag; Park turns the tables and states he was the one who told the lawyers it was not the bag — not the other way around.
strategic
Robert BakerAllan Park
Baker uses Park's admitted high anxiety level and complete focus on getting Simpson to the airport to argue that Park's senses were in fact heightened and scanning — yet he still never heard a car arrive or door slam. This paradox is left hanging as an implicit argument that the Bronco was not there.
strategic

Light Moments (4)

Allan Park
After Baker asks about the Louis Vuitton bag and Park admits he called it a Gucci bag through days of criminal trial testimony, Park says 'I was ragged on pretty hard for not knowing the difference between Gucci and Louis Vitton.' Courtroom erupts in laughter.
Robert Baker
Baker asks Park whether he wears a size 12 shoe immediately before a question about looking under trees, prompting laughter at the apparent non-sequitur.
Robert Baker
Baker notes his own graduated bifocals while questioning Park about being nearsighted: 'By the way, I have got graduated bifocals — because I'm nearsighted. You're also nearsighted, aren't you, Mr. Park?'
Robert Baker
After the lunch recess, Phil Baker calls exhibit 1456 as '1452,' prompting Baker Sr. to quip 'Have to be retrained after lunch.'

Credibility Attacks (5)

⚔ Allan Park
prior inconsistent statement
Baker reads from criminal trial testimony (p. 20847) showing Park said the figure 'could have been anything' and 'could have been a robe,' contrasting with his more specific civil trial testimony of 'dark bottoms and dark top.'
⚔ Allan Park
prior inconsistent statement
Baker reads Park's criminal trial testimony (pp. 20793–794) showing Park said 'I wouldn't say I'm positive. I wasn't looking for a car. I was looking for an address,' contrasting with more confident civil trial testimony about not seeing the Bronco.
⚔ Allan Park
witness preparation / bias
Baker establishes Park spent 5–6 hours with Petrocelli reviewing typewritten questions and answers before testifying, after already having given sworn testimony in grand jury, preliminary hearing, and two days at the criminal trial — implying the civil testimony was rehearsed rather than spontaneous.
⚔ Allan Park
impeachment by admission of poor perception
Baker elicits that Park is nearsighted, was not wearing his glasses that night, had never been to Simpson's property before, and that his entire concentration was focused on finding the address — establishing that Park's non-observations (no Bronco, no blood) reflect inattention rather than positive absence.
⚔ Allan Park
prior inconsistent statement / inaccurate identification
Baker establishes that Park called the Louis Vuitton bag a 'Gucci bag' through the preliminary hearing (July 1994) and criminal trial (March 1995), suggesting his observation and identification skills were unreliable.

Witness Demeanor

Park is soft-spoken throughout — both Petrocelli and the court remind him to keep his voice up. He is cooperative and largely agrees with Baker's framing that his attention was on the job. He readily concedes he was not looking for the Bronco or other vehicles. His credibility is strongest when most modest about his perceptions. He is unflappable on the bag identification and on the core fact that he saw no blood.

Objections

18 objections (3 sustained, 13 overruled)
Proceeding 8354 • 527 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 NOV 20, 1996 📄 Redirect examination of Allan
NOV 20, 1996 KRT DvH TD