Cross-examination of O.J. Simpson (part 2)

📄 Cross-examination of O.J. Simpson (part 2) — Friday, November 22, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\22\CROSS-EXAMINATION-OF-O-J-SIMPS.DOC

TRIAL

▲ Day 21 of 57

◀ Sidebar: Nicole's diary admissibility Recess ▶

Witness: O.J. Simpson
Examiner: Daniel Petrocelli
Called by: Defense • Date: Friday, November 22, 1996 • Utterances: 54

Petrocelli cross-examines Simpson about the May 22, 1994 Sunshine School picnic at his house and the conversation with Nicole that followed. The centerpiece is Nicole's handwritten notes (Exhibit 735), which state 'Sunday, May 22, 1994, we've officially split' — Simpson disputes that characterization, acknowledging the rest of the note but insisting there was no formal discussion of a final breakup.

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

# 2 Q:

(BY MR. PETROCELLI) When we last broke we were talking about the -- being with Nicole on May 22, and getting the bracelet, and asking for the earrings back, right?

# 3 A:

Yes.

# 4 Q:

Okay.

# 5 A:

Not asking for the earrings, she just gave the earrings back, yes.

# 6 Q:

For a little background, sir -- sir, on May 22 you hosted an event -- excuse me, I'm sorry.

You hosted an event at your house for Justin's Sunshine School, right?

# 7 A:

Yes.

# 8 Q:

And the families of the children all came over to the house and Nicole was there, right?

# 9 A:

Yeah, Nicole showed up at some point.

# 10 Q:

And she still wasn't feeling all that well, right?

# 11 A:

I don't think so.

# 12 Q:

Now -- and she left to go back to Bundy, the child -- the children were still at the house with you, and the party was still going on, right, or the picnic, I should say?

# 13 A:

Yes. I think I asked her maybe she should go home and -- and, yes.

# 14 Q:

And then, after the picnic ended, you then took Sydney and Justin over to Bundy and had your conversation with Nicole, that we've discussed, in which the earrings and the emerald bracelet were given to you, correct?

# 15 A:

I believe so. I believe so. I -- I'm not sure if Sydney and Justin didn't spend the night with me, and I just went over to Nicole's, whether she called me that evening.

# 16 Q:

And when you left the house that night, there was absolutely no question that you and Nicole had discussed that this would be the official split and end to your relationship, correct?

# 17 A:

No, that's not correct.

# 18 Q:

Okay.

# 19 MR. PETROCELLI:

What's the exhibit number?

# 20 MR. FOSTER:

735.

# 21 Q:

(BY MR. PETROCELLI) Let me show you notes Nicole made shortly before her death.

# 22 (Refers to Exhibit 735.)

# 23 (The instrument herein described as notes written by Nicole Brown Simpson were marked for identification as Plaintiffs' Exhibit 735.)

# 24 Q:

(BY MR. PETROCELLI) You recognize Nicole's handwriting, do you not, sir?

# 25 A:

Yes.

# 26 Q:

There's no doubt in your mind, right?

# 27 A:

You know, I honestly couldn't tell you I would recognize her handwriting, but --

# 28 Q:

I showed --

# 29 A:

I'm not doubting that this is her note.

# 30 Q:

I showed you the letter she wrote to you just a year earlier, you had no -- no trouble recognizing that letter, right? Same --

# 31 A:

I think my attitude was pretty much the same. I assume it's Nicole's handwriting.

# 32 Q:

Okay. Sunday, May 22, I'm sorry. Can you folks see.

# 33 JURORS:

(Nod) Um-hum.

# 34 MR. PETROCELLI:

Thank you, Your Honor.

# 35 Q:

(BY MR. PETROCELLI) (Reading.)

Sunday, May 22, 1994, we've officially split.

# 36 Q:

Do you see that?

# 37 A:

Yes.

# 38 Q:

And it said -- it goes on to talk about an arrangement that you and she then discussed for dealing with the children, right?

# 39 A:

I think we may have discussed that, yes.

# 40 Q:

(BY MR. PETROCELLI) (Reading.)

I told O.J. we're going back to every other weekend. I need the rest and O.J.'s gone so much he needs the alone time with them till he leaves again. He's been gone the last four weekends so I've asked if we can start with him this weekend of May 28.

# 41 Q:

Correct?

# 42 A:

I believe we did talk about something like that, yes.

# 43 Q:

Okay.

# 44 A:

I'm sorry, you're asking me is this what this says or if it comports with my memory?

# 45 Q:

It comports with your memory, right?

# 46 A:

Yes, except the first sentence, yes.

# 47 Q:

The first sentence does not, sir?

# 48 A:

No. I think Nicole may have accepted it then because of her actions that day, which, I guess you don't want to talk about. Maybe she just finally accepted it.

KEY QUOTE

# 49 Q:

And you -- and you -- it's your testimony today before the jury, that there was no discussion that evening of you and Nicole officially splitting up?

# 50 A:

No, not at all.

# 51 Q:

Okay.

# 52 MR. PETROCELLI:

You can take that off.

# 53 (Exhibit 735 removed from Elmo.)

# 54 MR. PETROCELLI:

Right after -- I'm going to get into another area. This may be a good place to break, if I have your permission.

Temperature

tense

Key Quotes (3)

Nicole Brown Simpson (read by Petrocelli)

Sunday, May 22, 1994, we've officially split.

Nicole's own words, written shortly before her death, directly contradict Simpson's testimony that there was no discussion of an official split.

O.J. Simpson

I think Nicole may have accepted it then because of her actions that day, which, I guess you don't want to talk about. Maybe she just finally accepted it.

Simpson hints at undisclosed events from that day to reframe the split as Nicole's acceptance of something he initiated earlier — a deflection that raises more questions than it answers.

O.J. Simpson

No, not at all.

Flat denial that he and Nicole discussed officially splitting up, made directly in the face of her handwritten note saying exactly that.

Evidence (1)

Plaintiffs' 735

Handwritten notes by Nicole Brown Simpson dated Sunday, May 22, 1994, stating the couple had 'officially split' and outlining a revised child custody arrangement

introduced, displayed on Elmo, read aloud, then removed

Notable Exchanges (2)

Daniel Petrocelli•O.J. Simpson

Petrocelli reads Nicole's note declaring 'we've officially split' and presses Simpson to confirm it matches his memory. Simpson accepts the childcare scheduling portion but flatly rejects the first sentence, then hints at unnamed 'actions' Nicole took that day as an alternative explanation.

strategic

Daniel Petrocelli•O.J. Simpson

Simpson initially hedges on recognizing Nicole's handwriting, then quickly walks it back — 'I'm not doubting that this is her note' — after Petrocelli reminds him he had no trouble recognizing her handwriting in a letter just the session before.

revealing

Credibility Attacks (1)

⚔ O.J. Simpson

prior inconsistent statement / documentary evidence

Petrocelli uses Nicole's own handwritten notes (Exhibit 735) to contradict Simpson's testimony that May 22 involved no discussion of an official split. Simpson accepts the subsidiary details but disputes the core fact, creating a selective-memory impression.

Objections

None recorded

Proceeding 8386 • 54 utterances • Defense witness

Civil Trial

Department 103