Thank you, Your Honor.
Like to mark as the next exhibit in order -- what do we have?
(BY MR. PETROCELLI) Mr. Simpson, the first time you used your cell on that day was at 2:12 p.m., I'm talking about June 12, true?
Okay. And the 2:12 p.m. relates to a time when you were calling Ms. Barbieri upon leaving Riviera, right.
You tried her first at her home number, which is a local number on Wilshire Boulevard, right?
Then you tried her right away at a cell phone number which was a 305 area code number in Florida, right?
And then at 2:22 p.m. you again tried calling Paula both at the cellular -- both to her cellular phone, right?
I believe that's when -- where it says two minutes, possibly I was leaving a message and it must have cut out. That's probably why I tried again.
And you have one of those cell phones that you can switch between your cars, you have brackets in either car and you can put it in either car, right?
Didn't you ask him to run out and buy the local -- I mean the most recent issue of Playboy magazine and -- to look at a picture of her in the centerfold?
No. I think I may have asked him, do you have a picture of her.
I certainly wouldn't say run out and get a Playboy.
She called me at -- since Kato called her and left a message. She called me I think long distance, and when she called me I said are you calling long distance? She said yes. I said are you in a hotel?" She said yes. Give me the number, I'll call you back so you won't get charged for the bill.
You called her and had a 20-minute phone conversation with her from your home phone at Rockingham?
(BY MR. PETROCELLI) Now, after you spoke to Tracy Adele and chatted for a bit with Kato Kaelin, you dozed off for a while?
I -- I may have, yes. I was watching something on TV and reading a book and I obviously -- yeah, I believe I did.
I had been tired for the -- I had been doing a lot. I had been to five cities in five days. Yeah, I was jet-lagged and tired.
At this time I don't think I was really thinking about that, sleeping or not sleeping on the "Red Eye."
Certainly later on you were thinking of trying to stay awake so that you could sleep on the redeye?
After we had gone for the burgers, yes, at that point it would have been too late to try to sleep.
And you had to be in Chicago the very next morning for a golf tournament early in the morning, right?
And your friend in New York, Bobby Bender, tried to persuade you to stay in New York, play golf over the weekend and then just fly directly to Chicago so you wouldn't have to make a trip all the way back to LA and go all the way back to Chicago?
And Nicole had expressed to you her unhappiness that you were missing these important occasions for your children, right?
Before -- before the communion she had asked can you get out of this. Once she told me it was a communion, which was only four, five days previous, she said could I get out of the event that I was in, and that's when I started calling the Chairman of Hertz and everybody to see if they could get me out.
The school thing, I don't think I was aware of until I was on the plane.
My question, Mr. Simpson, was at this point in time, in Long Island, on June 9, you knew that Nicole would be extremely unhappy with you if you were to miss Sydney's dance recital, true or untrue?
Did you know and believe that she would be upset with you if you missed the dance recital? Can you please answer that question?
So are you telling the jury that you and Nicole and the children all sat together as a happy family that night?
I am telling the jury that the thing was standing-room only, and where Nicole had saved my seat was two seats from her with only two seats between us that was for the kids, and directly in front of me was her sister and Nicole -- I mean Cora Fischman, and directly in front of them was her mother, Ron Fischman, and her father.
When I first came in, I actually had to go to Nicole and say, Nicole, you have the tickets? And she handed -- because we were supposed to meet outside, but because I was a few minutes late, they were already inside, holding the seats, and she -- because I talked to her about this previous, and so she got the ticket out of her purse and actually handed me more than one, but I wasn't with my other kids and I gave one back, gave it to the lady, came back around and sat in the seat two seats from her.
And you went, and you sat down and began watching the recital and then at some point you saw that fathers had flowers for their children and you did not have any, so you decided to get up and drive to the local flower shop and get some flowers, right?
I don't know, I would say -- I think I fell asleep at one point. I think it was about an hour.
Nicole disappeared, and her mother was running around kind of frantically saying where's Nicole, I thought we were going to dinner. I was talking to her father and Ron Fischman, and then at some point we saw Nicole's car come, and when we went to the car, they got in and left.
In the meantime, Cora Fischman and/or Ron Fischman suggested that somebody take a picture of you and Sydney, right?
We didn't know where Nicole was at this time. This is directly after -- I think there was still some dances going on. I believe the parents, Mr. and Ms. Brown, were still in the -- inside. Nicole had gone. And I was out there with Ron and I think Cora, and Sydney was running around with her girlfriends and stuff, and -- and Ron said, come on, you guys, take a picture, and unfortunately, it was his last film, and he took the picture of us.
It's also true at this point in time, 6:30 p.m., June 12, you had not seen a single blood drop come from your body that day, correct?
(BY MR. PETROCELLI) Nicole's family had plans to go with Nicole and the children to have dinner, right?
What I -- what I knew was that Judy Brown was sort of in a panic because she thought, at one point, she said I guess we're not going, I thought we were going to dinner, I guess we're not going, where's Nicole. And that was my first real indication that they had a plan to go to dinner.
Well, in fact, sir, there had been plans made to go to dinner before this Sunday, on June 12, correct?
Wasn't the original plan that everybody was going to go to Jackson's, where your son Jason worked as a chef, he could not get off work that night, and so the best thing would be to take everybody to Jackson's and the family, including you, would have dinner there?
Now, on Sunday, at any point in time, are you saying that you had no idea that the family was going to go out to dinner after the recital?
So in the 2:18 to 2:22 phone call, during the time -- for part of that time you spoke to Nicole, she did not, in that call, invite you to dinner, true?
Judy Brown said something about going to dinner, and when Nicole drove up she turned to me and said words to the effect you're not going to dinner with us, are you? And I started laughing, I said, no, Judy. That's when you see Lou and I talking cause essentially that's what I was teasing Lou about, staying away from his daughter.
And in fact, you tried to get your friend Ron Fischman to go to dinner with you, didn't you?
I asked him what was he doing and he said -- he was kind of -- kind of commiserated, something about having to have dinner with his, you know, not that it was bad with his family, but he and his wife was having some big, big problems.
Now, when you got to Rockingham using your home phone you picked up a message from your cell phone voice mail system, true?
Now, you have this kind of system on your cell phone, sir, at the time I'm referring to of course, where if they call your cell phone and nobody answered it would go into a voice mail, and they could leave a message for you, right?
And at 6:56 p.m. on June 12, after you got home to Rockingham, you called your message manager and you retrieved a message spanning five minutes?
And the only message that had been left on that machine all day was one at about 7:00 a.m. in the morning from Paula Barbieri, right?
And if phone records indicate, sir, that that 6:56 call was placed from your home, would that refresh your recollection?
I believe I came back home, and I was trying to make these calls again, and Kato -- Kato came in and we were talking.
(BY MR. PETROCELLI) Mine has got handwriting on it, but I'm going to show you mine cause it's easier, okay?
Now, your message manager started with a 999, correct? On the phone bills, that's what it showed?
So does that help you remember that at 6:56 p.m. from your home phone number 476-4619, you called and picked up a five-minute message?
I don't know about the records. I know I was at home. I know I checked my home message machine. And I know Kato came in, and Kato and I was talking.
Well, let's talk about what you told the police detectives the next day.
Now, by the way, in terms of this police statement, you spoke to Detectives Lange and Vannatter the next day at around 1:30 p.m., right?
And that was hours after you had left Los Angeles to go to Chicago and come right back, right?
And by the way, sir, since that day on 6/13, 1994, you spent a lot of time learning the facts of your case, did you not?
And on 6/13, 1994, 1:30 p.m., talking to the police officers, that was the first time you were questioned about Nicole's murder, other than perhaps by your lawyers; isn't that true?
Well, I took, to that degree, yes. I think the police officers, one of my subsequent calls that morning, asked me some questions.
But that was the first substantive interview that you had with anybody other than counsel, right?
About 15 hours after you left or -- excuse me. After -- about 12 to 15 hours after you left LA, that was the first time you spoke to anybody about the facts of the case in detail, other than your attorneys, perhaps?
Okay. And since that time, you have reviewed countless documents related to this case, have you not?
Well, I think that calls for sheer speculation. And I am appalled -- I'm appalled that Mr. Petrocelli would ask that question.
And you know that witnesses like Allan Park -- what witnesses like Allan Park have testified to?
I was there the day he testified, but I haven't read anything that -- or his testimony since then.
You're familiar with the times that he gave, you're familiar with times that he testified to, true?
And you've talked to a lot of people about the facts of this case since June 12, 1994, true?
Objection, vague, ambiguous, Your Honor. Also invades the attorney-client privilege?
I don't know if I learned about it. I just heard it in court so much that I had, I guess, a layman's, you know, knowledge of it.
Okay. Well, let's go back to June 13, before you acquired all of this information.
You told Detectives Vannatter and Lange that you did, in fact, pick up a message from Paula Barbieri, true?
(BY MR. PETROCELLI) (Reading.)
"And then I checked my messages. She had left me a message that she wasn't there, that she had to leave town."
And you heard Ms. Barbieri testify that she left you -- excuse me -- you left her three messages acknowledging the message that she had left you earlier in the morning?
(BY MR. PETROCELLI) You heard her testify that you left her three messages -- at least three messages that day, correct?
And in the messages you said in substance, hey, what's wrong, last night we were talking about filling rooms with babies, what's wrong.
You heard her testify to that, correct?
And you left her that message because you had received her message by 6:56 p.m. telling you that the relationship was over, correct?
Now, about a half an hour after that 6:56 p.m. call from Rockingham to your message manager, you made a call to a woman named Gretchen Stockdale, true?
And in substance you said, hi, this is O.J., I'm unattached for the first time in my life, true?
And the reason you left that message to Gretchen Stockdale that you were unattached for the first time in your life is because on that day you were unattached from Nicole and you were unattached from Paula Barbieri, true?
And you had just found out from Paula that that relationship was over, and now you were without both women for the first time in your life, correct?
I didn't ask you if she knew about Paula.
I asked you, did you consider yourself attached to Paula when you left Gretchen Stockdale a message at 7:32 saying you were unattached?
So even though you were then involved in what you say was a serious romantic relationship with Paula Barbieri, you didn't regard that as any sort of attachment; isn't that true?
(BY MR. PETROCELLIO) You were involved in a serious relationship with Ms. Barbieri at that time, true?
She came out to your house and you had what, an interior decorator up to Nicole's bathroom or your bedroom, and talk about redecorating; isn't that true?
That's not why she came there, no. She was at my house -- I was -- had an interior designer talking to me, and Paula came up, and Paula made a suggestion or two.
Well, the idea here was that you were going to try to put your relationship back together again with Paula now.
Well, I felt unattached with Nicole, of course, and that was the last conversation I had previously had with Gretchen.
That was the last conversation that I had had with Gretchen a few weeks previous, and I think she had left me a message at some point, and I was returning her call; had nothing to do, and I returned her call.
Then at 8:55 p.m. you made another call to your message manager to retrieve another message, did you not?
Then you called Paula Barbieri's home number two more times, right, 8:58 and 8:59, all on the June -- evening of June 12?
I may have called, as you can see how close they are, sometimes you can start making a call and then somebody calls you or something is happening then, and then you -- then I tried to call right back.
No. I just see that I wouldn't have called her one minute apart and not, obviously, listened to a message unless something had distracted me so I had to redial.
Now, during this time you're home alone and Kato Kaelin has left and gone out to his room or to a Jacuzzi, whatever, right?
And in the meantime, you had gotten a phone call from your housekeeper, Gigi, indicating that she wanted to stay down at Knott's Berry Farm, where it was the Philippino New Year, or something like that, and you gave her permission to take the night off, right?
So there was nobody home that evening except Kaelin, who lived in a separate guest house, right?
Let me go over something about your security system, sir, at the time.
You had an alarm system in your house, right?
And you had a keypad outside the front door. And if your house was alarmed and you were entering the house, you would deactivate the alarm, from the keypad outside the front door, right?
That was the only place that you -- that you could use to deactivate the alarm from the outside, correct?
So you can enter that -- you can enter that door without triggering the alarm, but you've got to go and you've got to deactivate the alarm inside the house, and you have, like, a period of so many seconds to do that, right?
Isn't there a door in the back through which you can enter the house when the alarm is on, that will not immediately trigger the alarm?
I don't believe that -- I mean, I have no knowledge that you can come through that door and it's delayed until you get to someplace.
So, in other words, if the alarm is on in the house and you entered in the laundry-room door from the side of your house, the alarm would go off at Westec, right?
There was some stuff inside, but it wouldn't have jammed the door because the door opens outward, not inward.
Now, after you made these phone calls on the board there, and while Kato's in his room and you're alone in the house, you then called a fellow up named Christian Reichardt, right?
You called Christian, and Christian at that time was living with a woman named Faye Resnick, right?
Well, I knew that from what Ron had told me at the recital. And -- and he started to -- he sort of explained what had happened.
Prior to her going to that treatment center -- that was a few days before she had gone into the treatment center?
And when you called up Christian Reichardt, you found out that she was still in the treatment center and not at Nicole's house, right?
I can't recall specifically how -- what he said. I was more concerned about how he was doing, and I just asked him how is Faye.
Actually, she came up, I said you were super. She took a picture, she ran off, so I didn't have time to talk to her.
And you told Sydney that maybe you guys might go to Knott's Berry Farm, or something like that, when you got back from out of town, right?
She had asked previously about Knott's Berry Farm, and I told her I'd be back this coming weekend, and this would be the weekend I'd take them to Knott's Berry Farm.
Excuse me.
It is your testimony, sir, that there was absolutely nothing said between Nicole and you in that call at 9 o'clock p.m., June 12, 1994?
And you had, up in your room, decided you were going to go out and get something to eat, right?
I think I decided that downstairs, you know, before I went and got my shoes or whatever I got.
No. Between 7:00 and 9:00, I went up and decided what suit --
Do you want me to tell you what I did?
And around 9 o'clock, right before you went out to Kaelin's room, you noticed that you had a whole bunch of hundred-dollar bills, right?
And you decided that you were going to need some change when you got to the airport to tip the sky cap, right?
That, and I also knew that they don't take more than $20 -- or at least they say they don't take more than $20 at fast-food places.
Kato's a grown man. I don't really know him that well. I think most grown men who work may have a hundred dollars.
I think he told me he had -- he said no.
I said, "How much do you have?"
And I -- and I think he said he had $73.
And if he had -- like, if he had $87, I would have just gave him $100, but I wasn't going to give him $100 for $73.
Yeah.
I said, "Look, I need change for the sky cap and I'm going to get a burger."
And he went in, came out, handed me 20, and said, "Do you mind if I go with you to get a burger?"
No, I didn't wait for him to get off the phone.
He said, "Can I go with you," and I said "sure," and started in the house. And I assumed he went in and did whatever he did.
Let me stop you there.
At no time did you tell Mr. Kaelin where you were going to eat, true?
Yeah. I would normally prefer to drive the Bronco, especially if I'm going to play golf or tootling around, yes.
(BY MR. PETROCELLI) Page 13, starting at line 3: (Reading:) You got home in the -- in the Rolls -- in the Rolls? Answer: Yes. And then you got the Bronco? Answer: Bronco, because my phone was in the Bronco, okay -- Question: And -- excuse me? Answer: -- and because the Bronco -- the Bronco is what I drive.
This is out of context. This has nothing to do with him going to get a burger in the Bronco.
(BY MR. PETROCELLI) Mr. Simpson, did you not tell the police, I'd rather drive it than any other car? Yes or no?
I would say I drove them both probably equally, but the Bronco is what I like -- I do with my Suburban now -- I possibly tootle around with it more.
You didn't tell the police you drive them equally; you said, I'd rather drive it than any other car?
I would rather drive my Suburban now than any other car.
I probably drive both cars -- I do drive both cars.
I decided to drive the car that was closest when I walked out the door.
I was a little stiff, as I'm sure Kato will tell you, and I just took the nearest car when I walked out of the front door.
And by the way, you didn't tell Kaelin you were going to McDonald's; you just drove there, right?
Okay.
And when you got back to Rockingham, you pulled, I take it, in the Ashford gate and pulled around into your space there, right?
And you didn't invite him inside to finish eating his food -- Kato, or anything like that, right?
And you testified at your deposition, sir, that as Kaelin walked away, you got out of your Bentley, and you bent down, and you started scooping up some lettuce. Do you recall that?
Yes, whatever I had dropped.
If you ever try to eat a Big Mac, a double, whatever it was, in a car, you drop lettuce and stuff. And so consequently, when I got up, I grabbed a few pieces.
We now know that because of Mr. Kaelin's records indicating he made a phone call at 9:37 p.m., yes?
You've seen those records -- you've seen the records that Kato Kaelin was on the phone around 9:37 p.m.?
As of 9:37, 9:35 p.m. when you left that Bentley, sir, you did not bleed in the car, did you, in the Bentley?
You have come to learn that there are tests for the presence of blood and that tests found there was no blood in that car, true?
But you had no indication whatsoever, as of 9:35 p.m. on the evening of June 12, that you were bleeding, true?
And you testified in your deposition that you parked it on Rockingham sometime between 7 o'clock and 9 o'clock p.m.?
(BY MR. PETROCELLI) Excuse me.
You told the police you parked the Bronco someplace on -- at sometime between 7 o'clock and 9 o'clock p.m., you parked it on Rockingham, correct?
But you couldn't remember between 7 or 9 o'clock p.m., a two-hour range, when you did so, correct?
Yes.
Well, I -- I could -- I couldn't remember. Yeah, I couldn't remember. It was somewhere in that period of time.
Did you not tell the police 8 o'clock, something, maybe 7, 8 o'clock -- 8 o'clock, 9 o'clock, I don't know, right in that area?
From the time that I got back from the recital to when we went to get the burgers, somewhere in that -- in between there, I had got my golf clubs and stuff out of the Bronco.
It's your testimony that you took your Bronco from Ashford, where it had been parked since you played golf earlier in the day, right?
And drove it into the Ashford gate -- through the Ashford gate, into your property, in front of your front door, right?
I think I took it out -- I think I packed up my golf stuff and my travel bag, which was in my entry, and at -- I don't know if immediately I did, but at some point after I'd finished doing whatever was going on at that time, I pulled the Bronco out of the front of the house.
Now, your golf clubs were in the Bronco because you knew you were going to Chicago, and you took them from Riviera when you finished playing golf that day, right?
Sometimes I don't park in the parking lot, so it may have been parked, you know, on one of the parking circles.
You personally carried the golf clubs, however, from the country club where you were playing golf there, playing cards and so forth, all the way to your car, right?
And what about when it was time to get your golf clubs ready for your trip to Chicago, all you had to do was walk out to the car on Ashford, open up the car, take the clubs out, and walk right up to your front door and leave the car parked where it normally was, correct?
And all it would have involved was just carrying your golf clubs a short distance from Ashford, right through the gate, right to the front door, right?
And what you testified to is, you took -- drove your car in, so you made a quick right, tight right turn into the Ashford drive, had to have the gate open all the way, rather than just a little way to let your car through, right?
Now, you were going to be out of town, and normally, you would park your car where the mailbox is on Ashford, right?
And then you -- a few minutes later, you pull the car out to park it, right, for the night?
Okay.
And you could have pulled out of the Rockingham gate and parked at your normal spot on Ashford, right?
Then you would have just had to walk in by pushing the gate open, and go right to the front door of your house, right?
And instead, you said you pulled out of the Rockingham driveway and parked on Rockingham, right?
And you said you did so because you wanted to make sure your dog, Chachi, did not run outside, and you could easily keep an eye out on the dog if you pulled out of Rockingham, parked on Rockingham, got out of the car real fast, and gone back inside before that gate closes, true?
So when you open the gate, it stays open for about what, 20, 30 seconds, and then closes, correct?
Yeah, she went out many times.
I had complaints from the SPCA, if you want to check with the SPCA.
Your dog, when you leave the property every morning to go play golf -- and if you go out the Rockingham gate, the gates open frequently and the dog does not run out?
Yeah. My habit is to, when I get in the car, to start the car, push the button for the gate to open, have the gate open, wait till I notice the gate hinges, before it starts closing, and drive out. That has always been my habit of driving out of the Rockingham gate.
And it is true that that dog rarely, rarely went outside the gates when they opened; isn't that true, Mr. Simpson?
And your testimony is that you parked on Rockingham because you were concerned that the dog might run outside the property?
Yeah. I thought if Chachi came out like she did later on when I came out, I -- if I had drove around the other way, I wouldn't have known it and she may have been out for a while.
So when you testified at your deposition at page -- where is it -- 962, at line 20, Chachi is a relatively trained dog --
That doesn't mean that if you don't call her she's going to run outside; is that what that means, sir?
No. That means if I drove around this other side and she went out, and I didn't notice she went out, and I went in the house, she would have been out.
It's your testimony, when those gates open, and if you don't -- you're not there to call her, that dog's going out?
Didn't -- as I told you, I had numerous complaints from my neighbors. And if you want to check with the SPCA, they had complained, and told me that the next time they found my dog out, they would take my dog.
SPCA.
By the way, when you pulled out of the parking lot to -- out of your driveway to go to McDonald's, did you also wait to see if Chachi was going to run out then?
Yes. What I did was, as I always did, I got in the car, I pushed the gate open, started the car, pulled up so Kato could get in, and by that time, the gate had hinged and I could drive right out.
Now, Mr. Simpson, after you got back from McDonald's at 9:35, the next time that you ran into Kato Kaelin was about 10:55 p.m.; is that true?
Now, between 9:35 p.m. and 10:55 p.m. on Sunday, June 12, there is not a single living human being who you can identify that saw or spoke to you; is that true?
There's not a single living person that you know of who saw or spoke to you between 9:35 p.m. and 10:55 p.m.; is that true?
I didn't ask you about 7:30.
9:35 p.m. to 10:55 p.m. you don't know anybody who saw or spoke to you; is that true?
(BY MR. PETROCELLI) 9:35 p.m. to 10:55 p.m., you cannot tell this jury the name of a single person, living person, that you saw or spoke to you in that time; is that correct?
And the reason why you didn't get in that Bronco is because you used that Bronco to go to Nicole's condominium that evening, after you came back from McDonald's, true?
You had gloves; you had a hat; you were wearing a dark sweat outfit, and you had a knife.
And you went to Nicole Brown's condominium at 875 South Bundy, did you not, sir?
And then you got in your Bronco and you drove back the very short distance to Rockingham, and you parked on Rockingham because you knew that there was a limousine waiting at Ashford for some time; true or untrue?
And you got on your property, sir, and you bumped into the wall of the side of your house at 10:50, 10:51 p.m.; true or untrue?
And you dropped one of your gloves there; you put other items in a bag, and you left that bag behind your Bentley to be picked up later; true or untrue, sir?
And you walked from the Bentley into your house at 10:55 p.m. and were seen by Allan Park; true?
I believe when I came out, at one point, I thought whoever the limo driver was would have seen me, yes.
You were walking from the side of your house diagonally to the Bentley, so you would not be seen by the limo driver, and then you skipped into your house. Is that true or untrue, sir?
And you dropped a piece of blood near a cable in the back, near the wall, where you ran into the wall, correct?
8:30, Monday morning.
Ladies and gentlemen, don't talk about the case, don't form or express any opinions, don't watch any news or read any news about this case.
What Nicole felt at that time was no concern of mine.
I'm unattached for the first time in my life
I didn't have a date with Kato.
No, I don't think any of this is funny. I wish I was anywhere but here.
I paid attention to my case, yes.