📄 Cross-examination of O.J. Simpson (part 5) — Friday, November 22, 1996
Address:
C:\DEPT103\CIVIL\1996\NOV\22\CROSS-EXAMINATION-OF-O-J-SIMPS.DOC
TRIAL
▲ Day 21 of 57

Cross-examination of O.J. Simpson (part 5)

Witness: O.J. Simpson
Examiner: Daniel Petrocelli
Called by: Defense • Date: Friday, November 22, 1996 • Utterances: 815
Daniel Petrocelli cross-examines O.J. Simpson about his minute-by-minute activities on June 12, 1994, using phone records to methodically reconstruct the evening timeline. Key focus areas include Simpson's frantic attempts to reach Paula Barbieri (who had broken up with him by voicemail), his chilly interaction with Nicole at the dance recital, a 7:32 p.m. message left for Gretchen Stockdale saying he was 'unattached for the first time in my life,' and the McDonald's run with Kato Kaelin before the murders. Petrocelli repeatedly catches Simpson in contradictions between his police statement and his current testimony.
1 (Jurors resume their respective seats.)
2 MR. PETROCELLI:

Thank you, Your Honor.

Like to mark as the next exhibit in order -- what do we have?

3 MR. FOSTER:

2216.

4 THE CLERK:

Correct.

5 (The instrument herein described as document entitled Simpson telephone calls dated June 12, 1994 was marked for identification as Plaintiffs' Exhibit No. 2216.)
6 Q:

(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?

7 A:

I would assume so.

8 Q:

You've seen these cell phone records before, haven't you?

9 A:

I looked at the paper that they were on.

10 Q:

Okay. And the 2:12 p.m. relates to a time when you were calling Ms. Barbieri upon leaving Riviera, right.

11 A:

Pardon me?

12 Q:

2:12 p.m. represents the time that you tried contacting Paula after you left Riviera?

13 A:

I would imagine so.

14 Q:

You tried her first at her home number, which is a local number on Wilshire Boulevard, right?

15 A:

Yes.

16 Q:

Then you tried her right away at a cell phone number which was a 305 area code number in Florida, right?

17 A:

Yes.

18 Q:

Okay. And you -- did you get through on either of these calls to leave a message?

19 A:

The first call may have gotten through, then cut out. I was on Sunset, as I said.

20 Q:

Then at 2:18 you made a 4-minute telephone call to Nicole's condominium, right?

21 A:

Yes.

22 Q:

In part with Nicole, right?

23 A:

Yes.

24 Q:

And then at 2:22 p.m. you again tried calling Paula both at the cellular -- both to her cellular phone, right?

25 A:

I would imagine so.

26 Q:

Then at 2:23?

27 A:

I left her a message.

28 Q:

You left her a message on her home phone here at Wilshire?

29 A:

Yes.

30 Q:

Then again tried the cell phone at 2:24?

31 A:

Yeah. I was still in the car.

32 Q:

You're pretty frantically interested in getting in touch with her, are you not?

33 MR. BAKER:

I object to the characterization.

34 THE COURT:

Sustained.

35 Q:

(BY MR. PETROCELLI) Were you interested and eager to get in touch with her?

36 A:

I don't know about eager. I just would like to get a complete phone call to her.

37 Q:

Well, you had left a message earlier in the series of calls, had you not?

38 A:

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.

39 Q:

Okay. Now, you got home at around -- shortly after that 2:24 p.m. phone call, right?

40 A:

I would imagine so, yes.

41 Q:

You left your telephone at that point in the Bronco, right?

42 A:

Yes.

43 Q:

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?

44 A:

Yes.

45 Q:

Okay. And you went inside the house and kind of lounged around that afternoon, right?

46 A:

Yes.

47 Q:

Kato Kaelin came by?

48 A:

Yes.

49 Q:

And you invited him in?

50 A:

Yes, I saw him. Hey, Kato, what's going on.

51 Q:

And he introduced you to a woman named Tracy Adele? At least gave you her telephone number?

52 A:

Not really to --

53 Q:

Told you about her?

54 A:

Started telling me that I should meet this girl, Tracy Adele.

55 Q:

Is this a model for Playboy?

56 A:

I didn't know her, so she may have purported that, yes.

57 Q:

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?

58 A:

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.

59 Q:

He went out and got a Playboy and showed you a picture of her?

60 A:

I think he did.

61 Q:

Then you called that Tracy Adele at 2:49 p.m. on Sunday, June 12, right?

62 A:

That's not correct. I mean, that's not correct, how it happened.

63 Q:

Well, you called her at 2 --

64 A:

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.

65 Q:

You called her and had a 20-minute phone conversation with her from your home phone at Rockingham?

66 A:

Yes.

67 Q:

That's another phone call you see reflected on the board?

68 A:

Yes.

69 MR. PETROCELLI:

What exhibit is that?

70 MR. FOSTER:

2216.

71 MR. PETROCELLI:

2216.

72 Q:

(BY MR. PETROCELLI) Now, after you spoke to Tracy Adele and chatted for a bit with Kato Kaelin, you dozed off for a while?

73 A:

I -- I may have, yes. I was watching something on TV and reading a book and I obviously -- yeah, I believe I did.

74 Q:

You were pretty tired by this point, right?

75 A:

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.

76 Q:

And now you were taking a redeye that night?

77 A:

Yes.

78 Q:

And you wanted to make sure that you could sleep on that "Red Eye," right?

79 A:

At this time I don't think I was really thinking about that, sleeping or not sleeping on the "Red Eye."

80 Q:

Certainly later on you were thinking of trying to stay awake so that you could sleep on the redeye?

81 A:

After we had gone for the burgers, yes, at that point it would have been too late to try to sleep.

82 Q:

Now, you got dressed to go to the recital, right?

83 A:

Yes.

84 Q:

Now, this is a recital that you knew was very important to Sydney, right?

85 A:

I would assume so, yes.

86 Q:

And you had to be in Chicago the very next morning for a golf tournament early in the morning, right?

87 A:

Yes.

88 Q:

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?

89 A:

Correct.

90 Q:

You said no, you better go back, right?

91 A:

I had missed her Communion and I didn't want to miss this also.

92 Q:

And you had missed Justin's graduation event as well, right?

93 A:

Yes.

94 Q:

And Nicole had expressed to you her unhappiness that you were missing these important occasions for your children, right?

95 A:

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.

96 Q:

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?

97 A:

What Nicole felt at that time was no concern of mine.

KEY QUOTE
98 Q:

I didn't ask you if it was a concern?

99 A:

It was not something I considered.

100 Q:

Did you know and believe that she would be upset with you if you missed the dance recital? Can you please answer that question?

101 A:

It was absolutely nothing that I considered.

102 Q:

You knew she would be upset?

103 A:

I had -- it was not anything I considered.

104 Q:

So you didn't know?

105 A:

I didn't know.

106 Q:

Okay. Thank you.

Now, at this dance recital, you -- you arrived in your Bentley, right?

107 A:

Yes.

108 Q:

And at this time your Bronco, your Ford Bronco is parked out on Ashford, right?

109 A:

Yes.

110 Q:

And your cell phone is in the Bronco, right?

111 A:

I believe so, yes.

112 Q:

And you drove to the Bentley -- to the dance recital and you parked and you went inside?

113 A:

Yes.

114 Q:

You got a seat, right?

115 A:

My son saw me come in me and said, mommy's got a seat for you, and I went and sat --

116 Q:

You didn't --

117 A:

Can I finish my answer, please.

118 Q:

I'm sorry. Please.

119 A:

And said, mommy has a seat for you. And I went and sat with the family.

120 Q:

Okay. Mommy has a seat for you?

121 A:

Yes.

122 Q:

Meaning Nicole, right?

123 A:

Yes.

124 Q:

So are you telling the jury that you and Nicole and the children all sat together as a happy family that night?

125 A:

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.

126 Q:

By the way, when you came in, you didn't greet Nicole, did you?

127 A:

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.

128 Q:

Did you and she embrace or kiss?

129 A:

No.

130 Q:

And other than exchanging tickets, there was no conversation between you, true?

131 A:

True.

132 Q:

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?

133 A:

Yeah. Much later this took place, and I --

134 Q:

You were there for about an hour and a half, right?

135 A:

I don't know, I would say -- I think I fell asleep at one point. I think it was about an hour.

136 Q:

You went out and got the flowers and came back, right?

137 A:

Yeah. I noticed I had ten dances before her so I rushed and got some flowers.

138 Q:

Then when the recital was over, Nicole did not talk with you at all, right?

139 A:

No.

140 Q:

And in fact, she kind of gathered up the children and whisked them away rather quickly?

141 A:

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.

142 Q:

And again, you had no conversation with Nicole?

143 A:

No, she was in the car and I was out with her family.

144 Q:

In the meantime, Cora Fischman and/or Ron Fischman suggested that somebody take a picture of you and Sydney, right?

145 A:

Yes.

146 MR. PETROCELLI:

Can we put the picture up.

147 Q:

(BY MR. PETROCELLI) That's another photograph, right?

148 A:

Yes.

149 Q:

Okay. By this time Nicole's in her car?

150 A:

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.

151 Q:

And Nicole was not around when this picture was taken?

152 A:

No.

153 Q:

There was no conversation between you and Nicole during this time, right?

154 A:

No.

155 Q:

Now, you see your left hand there, sir, you're not bleeding at all?

156 A:

No.

157 Q:

And you do not have any cuts on your finger at this time?

158 A:

I don't believe so, no.

159 MR. PETROCELLI:

Can you put up the next photograph. Exhibit what, Steve?

160 THE COURT:

Give us a number on that previous one.

161 MR. FOSTER:

826, and 195 on the board -- screen.

162 (Exhibits 826 and 195 displayed.)
163 Q:

Is that your left hand?

164 A:

I believe so.

165 Q:

No cuts at all on that left hand as of what, 6 p.m., 6:30 p.m. on June 12, right?

166 A:

That's correct.

167 Q:

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?

168 A:

Correct.

169 MR. PETROCELLI:

You can take the picture off.

170 Q:

(BY MR. PETROCELLI) Nicole's family had plans to go with Nicole and the children to have dinner, right?

171 A:

I really didn't know, other than what Judy was saying.

172 Q:

Did you know?

173 A:

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.

174 Q:

Well, in fact, sir, there had been plans made to go to dinner before this Sunday, on June 12, correct?

175 A:

The way Judy was --

176 Q:

Did you know that?

177 A:

No, I didn't.

178 Q:

Before?

179 A:

No, I didn't.

180 Q:

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?

181 A:

I didn't know that, no.

182 Q:

And isn't it true that Nicole canceled dinner at Jackson's on Saturday, June 11?

183 A:

This is the first that I've ever heard that, yes.

184 Q:

And if your son said that in his deposition, you wouldn't quarrel with that, would you?

185 A:

No. I know he never told me that.

186 Q:

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?

187 A:

No. I never -- I hadn't given it any thought so, no, I had no idea.

188 Q:

You hadn't been invited to any dinner?

189 A:

I hadn't talked to anybody about any dinner.

190 Q:

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?

191 A:

True.

192 Q:

And at no time during the recital did she invite you to dinner, right?

193 A:

That's true.

194 Q:

And nobody invited you to dinner that night?

195 A:

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.

196 Q:

You were going to stay away from Nicole?

197 A:

Yeah, that I had gone pretty much back to him and I talked to Lou I was back with Paula.

198 Q:

You didn't -- you didn't go to dinner that night with the family?

199 A:

No, not at all.

200 Q:

And you left that recital alone, right?

201 A:

Yes.

202 Q:

And in fact, you tried to get your friend Ron Fischman to go to dinner with you, didn't you?

203 A:

No. I asked Ron what he was up to and he said -- Ron was having a real tough time.

204 Q:

Did you ask Fischman to go to dinner with you, yes or no?

205 A:

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.

206 Q:

And you said glad to be out of the mix, right?

207 A:

I told him I was glad to be out of the mix.

208 Q:

And then you drove home to Rockingham and got there a little before 7 p.m., right?

209 A:

Yes.

210 Q:

Now, when you got to Rockingham using your home phone you picked up a message from your cell phone voice mail system, true?

211 A:

No, I never picked up a message.

212 Q:

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?

213 A:

That's correct.

214 Q:

And you could retrieve those messages, right?

215 A:

Yes.

216 Q:

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?

217 A:

That's incorrect.

218 Q:

Correct?

219 A:

That's incorrect.

220 Q:

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?

221 A:

Since I never picked up any messages, I don't know.

222 Q:

And if phone records indicate, sir, that that 6:56 call was placed from your home, would that refresh your recollection?

223 A:

No, it wouldn't, because I know at about that time, I was in my kitchen talking to Kato.

224 Q:

You -- at exactly 6:56 you can remember that specifically, can you?

225 A:

I believe I came back home, and I was trying to make these calls again, and Kato -- Kato came in and we were talking.

226 Q:

You recognize the phone number 476-4619?

227 A:

It may have been one of my numbers.

228 Q:

It was your number on June 12, 1994, true?

229 A:

It may have been one of my numbers.

230 Q:

Okay. I'd like to show you a document

231 MR. PETROCELLI:

Mark it as the next in order.

232 MR. LAMBERT:

2217.

233 THE CLERK:

2217.

234 (The instrument herein described as O.J. Simpson's phone records was marked for identification as Defendants' Exhibit 2217 for identification.)
235 Q:

(BY MR. PETROCELLI) Mine has got handwriting on it, but I'm going to show you mine cause it's easier, okay?

236 A:

Yes.

237 Q:

Okay. You see a reference to picking up your message at 6:56?

238 A:

I see numbers.

239 Q:

Now, your message manager started with a 999, correct? On the phone bills, that's what it showed?

240 A:

I sort of remember that, yes.

241 Q:

Okay.

242 MR. BAKER:

Can you tell us what this is supposed to be.

243 MR. PETROCELLI:

From the -- it was produced pursuant to subpoena from the phone company.

244 Q:

(BY MR. PETROCELLI) You see 18:56, sir, right there?

245 A:

Yes.

246 Q:

That's 6:56?

247 A:

Yes.

248 Q:

Okay. 476-4619?

249 A:

Yes.

250 Q:

Message 999. That's to your message manager?

251 A:

I believe 999 would have been numbers to my message manager.

252 Q:

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?

253 A:

No, I didn't pick up any message.

254 Q:

The records than are incorrect?

255 A:

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.

256 Q:

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?

257 A:

That's correct.

258 Q:

And that was hours after you had left Los Angeles to go to Chicago and come right back, right?

259 A:

Yes.

260 Q:

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?

261 MR. BAKER:

Objection, argumentative.

262 THE COURT:

Overruled.

263 A:

I paid attention to my case, yes.

KEY QUOTE
264 Q:

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?

265 A:

Well, I took, to that degree, yes. I think the police officers, one of my subsequent calls that morning, asked me some questions.

266 Q:

But that was the first substantive interview that you had with anybody other than counsel, right?

267 A:

Well, you have to ask that question again.

268 Q:

6/13, June 13?

269 A:

Yes.

270 Q:

On Monday at 1:30 p.m.?

271 A:

Yes.

272 Q:

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?

273 A:

You're not just talking about the tape; you're talking just any time that day?

274 Q:

Correct.

275 A:

Yes.

276 Q:

Okay. And since that time, you have reviewed countless documents related to this case, have you not?

277 A:

I've read most of the reports, yes.

278 Q:

Lots of discovery materials, right?

279 A:

Most of the reports, yes.

280 Q:

You've listened to many, many, many witnesses testify in court, right?

281 A:

Yes, I was there every day.

282 Q:

And you know their testimony cold, don't you?

283 A:

Not necessarily. Some I may know better than others.

284 Q:

But you know it better than your lawyers do, don't you?

285 MR. BAKER:

I object to that question.

286 (Laughter)
287 THE COURT:

You may answer if you know.

288 MR. BAKER:

Well, I think that calls for sheer speculation. And I am appalled -- I'm appalled that Mr. Petrocelli would ask that question.

289 Q:

(BY MR. PETROCELLI) You know the case inside out, right?

290 A:

I think I've read most of the stuff, and I'm certainly up on the case.

291 Q:

And you know that witnesses like Allan Park -- what witnesses like Allan Park have testified to?

292 A:

I was there the day he testified. I haven't read anything about him.

293 Q:

Can I have you --

294 A:

Can I finish my answer?

295 Q:

Please, I'm sorry.

296 A:

I was there the day he testified, but I haven't read anything that -- or his testimony since then.

297 Q:

You're familiar with the times that he gave, you're familiar with times that he testified to, true?

298 A:

I know the only time I can recall is he said he got there about 20 after and --

299 Q:

20 after what?

300 A:

10. And that somewhere around 10:50 or so he saw someone.

301 Q:

And you've talked to a lot of people about the facts of this case since June 12, 1994, true?

302 MR. BAKER:

Objection, vague, ambiguous, Your Honor. Also invades the attorney-client privilege?

303 THE COURT:

He doesn't ask about attorneys.

Overruled.

304 A:

I don't get lots.

305 Q:

Well, by the time your deposition was taken in this case, January 1996 --

306 A:

Yes.

307 Q:

-- you had learned a tremendous amount about the evidence in this case, true?

308 A:

I was at the trial every day.

309 Q:

So what I said is true?

310 A:

Yes, whatever I heard, you know, while I was, you know, while I was in the court.

311 Q:

You were familiar with things like cell phone calls and cell phone records, right?

312 A:

Yes, I -- Yes.

313 Q:

You were even familiar with things like hearsay laws, weren't you?

314 A:

Yes.

315 Q:

Learned all about that, didn't you.

316 A:

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.

317 Q:

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?

318 A:

Yes.

319 Q:

You said, quote --

320 MR. PETROCELLI:

Page 13, Mr. Baker.

321 MR. BAKER:

Um --

322 Q:

(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."

323 Q:

End of quote.

And you made that statement, right?

324 A:

Yes.

325 Q:

And that statement was true when you made it, correct?

326 A:

Yes.

327 Q:

And you were at Ms. Barbieri's deposition, correct?

328 A:

Yes.

329 Q:

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?

330 A:

I don't think that was what she said.

331 Q:

Did you hear that testimony?

332 MR. BAKER:

Objection?

333 A:

I didn't hear it the way you just said it.

334 MR. BAKER:

This is an improper way for him to get testimony into this case.

335 MR. PETROCELLI:

He was present, Your Honor.

336 THE COURT:

Overruled.

337 Q:

(BY MR. PETROCELLI) You heard her testify that you left her three messages -- at least three messages that day, correct?

338 A:

That day, yes. I thought you were talking about after a certain time.

339 Q:

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?

340 A:

In the last message at 10 something, yes.

341 Q:

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?

342 A:

That's incorrect.

343 Q:

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?

344 A:

Yes.

345 Q:

And that call was made at 7:32 p.m., correct?

346 A:

Yes.

347 Q:

And in that call you left Ms. Stockdale a telephone message, right?

348 A:

Yes.

349 Q:

And in substance you said, hi, this is O.J., I'm unattached for the first time in my life, true?

350 A:

Or words to that effect, yes.

351 Q:

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?

352 A:

That's incorrect.

353 Q:

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?

354 MR. BAKER:

Objection, without foundation.

355 THE COURT:

Overruled.

356 A:

That's incorrect.

357 Q:

And that's why you told Gretchen Stockdale you were unattached, right?

358 A:

That's incorrect.

359 Q:

Did you consider Paula an attachment at that time?

360 A:

I don't think Gretchen knew about Paula and I.

361 Q:

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?

362 A:

I wasn't referring to Paula when I was talking to Gretchen.

363 Q:

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?

364 MR. BAKER:

He has not said that, Your Honor.

Object, it's without foundation.

365 THE COURT:

Sustained.

366 Q:

(BY MR. PETROCELLIO) You were involved in a serious relationship with Ms. Barbieri at that time, true?

367 A:

Paula and I were attempting to see if we could put our relationship back together.

368 Q:

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?

369 A:

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.

370 Q:

Well, the idea here was that you were going to try to put your relationship back together again with Paula now.

371 A:

Paula wasn't going to move into my house and decorate my house, no.

372 Q:

But the intent was to resume a serious relationship with her?

373 A:

Well, I hoped that we could get back together, yes.

374 Q:

And you still thought you were unattached, right?

375 A:

Well, I felt unattached with Nicole, of course, and that was the last conversation I had previously had with Gretchen.

376 Q:

You said unattached with Nicole, of course. What do you mean "of course"?

377 A:

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.

378 Q:

After you left that message to Gretchen, you then tried Paula again, did you not?

379 A:

Yes.

380 Q:

And you called from your Rockingham residence at 7:53 p.m., right?

381 A:

That's what it says, yes.

382 Q:

Then at 8:55 p.m. you made another call to your message manager to retrieve another message, did you not?

383 A:

I don't recall doing that at all.

384 Q:

Or to check your messages, correct?

385 A:

I don't believe that happened at all.

386 Q:

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?

387 A:

Possibly, yes. I'm not sure of that.

388 Q:

Well, your phone records show that?

389 A:

Yeah, I -- but I may have.

390 Q:

What do you mean, you may have?

391 A:

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.

392 Q:

Do you remember if that occurred?

393 A:

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.

394 Q:

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?

395 A:

Yes.

396 Q:

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?

397 A:

Yes.

398 Q:

So there was nobody home that evening except Kaelin, who lived in a separate guest house, right?

399 A:

Yeah. I assumed he was home, yes.

400 Q:

And he didn't have a key to your place, right?

401 A:

No. He had a key to the gate and to his room.

402 Q:

Let me go over something about your security system, sir, at the time.

You had an alarm system in your house, right?

403 A:

Yes.

404 Q:

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?

405 A:

Yes.

406 Q:

That was the only place that you -- that you could use to deactivate the alarm from the outside, correct?

407 A:

If I put it on, that would be the only place, unless you came through the garage.

408 Q:

Okay. Now, there's a door in the back of the house that's on a delay, right?

409 A:

Yes.

410 Q:

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?

411 A:

You have to say that again. That didn't sound right to me.

412 Q:

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?

413 A:

I don't believe so.

414 Q:

And there's a delay on that door, is there not?

415 A:

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.

416 Q:

Deactivate?

417 A:

Deactivate? I don't believe that's so, but I never tried it.

418 Q:

You heard the woman, Sue Silva, so testify at the other trial, did you not?

419 A:

For some reason, I don't believe that's what she testified to.

420 Q:

Now, the laundry room door's on the side of your house, right?

421 A:

Yes.

422 Q:

Now, there's no keypad on that door, true?

423 A:

There's no alarm keypad, no.

424 Q:

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?

425 A:

Depends what side door you come in.

426 Q:

The laundry room?

427 A:

The laundry door, yes, the alarm would go off.

428 Q:

And there's no keypad on the outside?

429 A:

There's no alarm keypad, no.

430 Q:

Okay.

And by the way, your garage has a door that goes out to the side, also, true?

431 A:

Yes.

432 Q:

And that's not a door that you -- that you use very much, right?

433 A:

Neither one of those doors did I use much, no.

434 Q:

In fact, that door was jammed with a chest and there was other stuff on top of that chest?

435 A:

That's incorrect.

436 Q:

There is a lot of stuff in front of that door, was there not, sir?

437 A:

There was some stuff inside, but it wouldn't have jammed the door because the door opens outward, not inward.

438 Q:

Jammed the doorway?

439 A:

It wouldn't have jammed you from opening the door fully, no.

440 Q:

There was stuff in front of that doorway, right?

441 A:

There was a lot of stuff in front of my garage.

442 Q:

In front of the doorway, including a chest, including things on top of the chest, true?

443 A:

There were things inside the door, but it wouldn't have jammed the door at all.

444 Q:

Well, we'll get to that and we'll show you some pictures a little later on.

445 A:

Okay.

446 Q:

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?

447 A:

Yes.

448 Q:

You called Christian, and Christian at that time was living with a woman named Faye Resnick, right?

449 A:

That's incorrect.

450 Q:

Or they were ending their relationship or something like that, right?

451 A:

Yes.

452 Q:

And you asked -- you asked Mr. Reichardt how Faye was, right?

453 A:

I asked him first how he was doing. Then I said how is Faye.

454 Q:

And he told you that Faye was in a treatment center, right?

455 A:

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.

456 Q:

Prior to her going to that treatment center -- that was a few days before she had gone into the treatment center?

457 A:

I believe so, yes.

458 Q:

And prior to that, she had been spending a few days at Nicole's house, right?

459 A:

That's correct.

460 Q:

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?

461 A:

I think I knew that. At the recital --

462 Q:

But it also came up in the telephone call, right?

463 A:

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.

464 Q:

Did it or did it not come up in the call?

465 A:

I don't know.

466 Q:

Okay.

Then you told him you were taking a redeye that -- out that night later on, right?

467 A:

Yes.

468 Q:

And the last call you made during the time frame was one to Nicole's condominium, true?

469 A:

Yes.

470 Q:

About 9 o'clock p.m. you said?

471 A:

Yes.

472 Q:

And Nicole answered, right?

473 A:

Yes.

474 Q:

And you said to Nicole, let me speak to Sydney, true?

475 A:

I may have asked is Sydney asleep yet.

476 Q:

And the phone was put down and Sydney got on the phone, right?

477 A:

Yes.

I think she was in Sydney's room.

478 Q:

And you congratulated Sydney on her dance performance, right?

479 A:

Partially, yes.

480 Q:

Even though you just congratulated her a few hours before?

481 A:

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.

482 Q:

Ran off because the cars were waiting to take her away?

483 A:

No, ran off because all the kids were running around.

484 Q:

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?

485 A:

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.

486 Q:

And it is your testimony --

487 A:

Or Sunday, I should say.

488 Q:

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?

489 A:

Absolutely nothing.

490 Q:

Excuse me?

491 A:

Absolutely nothing, other than has Sydney gone to sleep yet.

492 Q:

Not even small talk?

493 A:

Not even small talk.

494 Q:

After you got off that call, sir, you went down to Kato Kaelin's room, true?

495 A:

I think I went upstairs. I believe I went upstairs. I'm not sure.

496 Q:

Within ten minutes, you were in Kaelin's room?

497 A:

I was outside of his room.

498 Q:

And you beckoned him to come outside, right?

499 A:

Yeah. Kind of leaned over him and kind of yelled or hit his door or something.

500 Q:

And you had, up in your room, decided you were going to go out and get something to eat, right?

501 A:

I think I decided that downstairs, you know, before I went and got my shoes or whatever I got.

502 Q:

Well, you were packing up there around 9 o'clock, right?

503 A:

Before -- before 9:00, yes; I was putting some things together.

504 Q:

You started packing earlier in the day, right?

505 A:

Yes, at time to time.

506 Q:

You were going away for one night, right?

507 A:

Yes.

508 Q:

But you were packing quite a bit that day, weren't you?

509 A:

I don't believe so.

510 Q:

Between 7:00 and 9:00, you were packing a little bit here, a little bit there, right?

511 A:

No. Between 7:00 and 9:00, I went up and decided what suit --

Do you want me to tell you what I did?

512 Q:

What were you packing during that time?

513 A:

I put some things together during that time, yes.

514 Q:

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?

515 A:

All I had -- I may have had a 50 -- no? All I had was four hundreds.

516 Q:

And you decided that you were going to need some change when you got to the airport to tip the sky cap, right?

517 A:

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.

518 Q:

Who's talking about fast-food places? I just asked you about the sky cap, sir.

519 A:

Yes.

520 Q:

So you knew that you were going to need some change, right?

521 A:

Yeah. I wanted to break a hundred.

522 Q:

So you went downstairs.

And did you ask Kato Kaelin to break a hundred?

523 A:

I said -- yeah -- you got change for a hundred?

524 Q:

Did you expect him to have change for a hundred dollars?

525 A:

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.

526 Q:

He didn't have change for a hundred dollars?

527 A:

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.

528 Q:

He gave you a $20 bill, right, sir?

529 A:

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?"

530 Q:

Now -- now, you didn't invite him along when you went down there, true?

531 A:

No.

532 Q:

He gave you the $20 bill and you took it?

533 A:

Yes.

534 Q:

And then he got off the phone?

535 A:

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.

536 Q:

Let me stop you there.

At no time did you tell Mr. Kaelin where you were going to eat, true?

537 A:

I said I was going to get a burger.

538 Q:

You never said anything about where, right?

539 A:

Correct.

540 Q:

And you didn't ask him where he wanted to go, right?

541 A:

I didn't care where he wanted to go.

542 Q:

And you then just walked into your house and then out to your automobile, right?

543 A:

Yeah. We went through the kitchen and out to the car.

544 Q:

Now, normally, you drive your Bronco, right?

545 A:

That's not correct. I drive both my cars.

546 Q:

Well, you told the police that the Bronco's the car you like to drive?

547 A:

Yeah. I would normally prefer to drive the Bronco, especially if I'm going to play golf or tootling around, yes.

548 Q:

Like going to a fast-food restaurant?

549 A:

I've done it many times.

550 Q:

You didn't take the Bronco this time, did you?

551 A:

I took the nearest car.

552 Q:

You told the police --

553 MR. LEONARD:

Page?

554 Q:

(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.

555 MR. BAKER:

I'm going to object. This is out of context.

556 Q:

(BY MR. PETROCELLI) (Reading:) Question: Yeah? Answer: Yes.

557 MR. BAKER:

Wait. I'm entitled to an objection, Mr. Petrocelli.

558 MR. PETROCELLI:

Wait till I finish my question.

559 MR. BAKER:

This is out of context. This has nothing to do with him going to get a burger in the Bronco.

560 MR. PETROCELLI:

Excuse me. Let me read to you the following --

561 THE COURT:

Overruled.

562 Q:

(BY MR. PETROCELLI) Mr. Simpson, did you not tell the police, I'd rather drive it than any other car? Yes or no?

563 A:

Yes.

564 Q:

Okay.

And the Bronco is what you usually drive, right?

565 A:

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.

566 Q:

You didn't tell the police you drive them equally; you said, I'd rather drive it than any other car?

567 A:

I would rather drive my Suburban now than any other car.

I probably drive both cars -- I do drive both cars.

568 Q:

You decided to take your Bentley to a fast-food store, right?

569 A:

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.

570 Q:

And you went to McDonald's and you ordered some food, true?

571 A:

Yes.

572 Q:

And by the way, you didn't tell Kaelin you were going to McDonald's; you just drove there, right?

573 A:

This wasn't -- it wasn't -- I didn't have a date with Kato; I was going to get a burger.

574 (Laughter)
575 Q:

I didn't ask you if you had a date.

576 A:

I didn't have a date with Kato.

KEY QUOTE
577 Q:

Do you think this is funny?

578 A:

No. They laughed, not me.

579 Q:

Do you think this is to make jokes?

580 A:

No.

581 MR. BAKER:

I object to this, Your Honor. This is argumentative.

582 THE COURT:

Sustained.

583 A:

No, I don't think any of this is funny. I wish I was anywhere but here.

KEY QUOTE
584 Q:

Thank you.

585 A:

Yes.

586 Q:

You didn't tell Mr. Kaelin you were going to McDonald's, right?

587 A:

I didn't. No, I did not.

588 Q:

Okay.

And you went to McDonald's and you ordered your food, correct?

589 A:

Yes.

590 Q:

Mr. Kaelin paid, correct?

591 A:

It was very nice of him; yes.

592 Q:

Then you did not break any change at McDonald's?

593 A:

I didn't use the 20 he gave me, no.

594 Q:

And you didn't have any other change, any other hundreds to break, right?

595 A:

I had hundreds.

596 Q:

And you didn't break any other change there, right?

597 A:

I think the sign says nothing more than $20.

598 Q:

I didn't ask you what the sign said.

Did you try to break any change? Yes or no?

599 A:

No, sir.

600 Q:

And then you got your food and you had a hamburger and some French fries?

601 A:

I don't recall ordering French fries. I thought I just had a hamburger.

602 Q:

Mr. Kaelin had his food in his lap and he didn't eat in the car, correct?

603 A:

I guess not. I didn't --

604 Q:

You don't remember?

605 A:

I wasn't looking at Kato.

606 Q:

You don't know?

607 A:

We were talking, I was driving.

608 Q:

You don't know?

609 A:

I don't know.

610 Q:

And you ate your hamburger in the car, right?

611 A:

As I drove, yes.

612 Q:

And by the time you were home, you were finished, right?

613 A:

Yes.

614 Q:

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?

615 A:

Well, I let him out, then I pulled it in the space, yes.

616 Q:

And Mr. Kaelin went off to his room, right?

617 A:

Yes.

618 Q:

And you didn't invite him inside to finish eating his food -- Kato, or anything like that, right?

619 A:

No.

620 Q:

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?

621 A:

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.

622 Q:

And you did that with your hands, right?

623 A:

Yes.

624 Q:

Okay.

And you were using your hands in the car, right, to drive?

625 A:

Yes.

626 Q:

To eat your hamburger?

627 A:

Yes.

628 Q:

To scoop lettuce up?

629 A:

To pick up lettuce, yes.

630 Q:

And you closed the door to your car and left your Bentley around 9:35 p.m.?

631 A:

I would imagine so, yes.

632 Q:

We now know that because of Mr. Kaelin's records indicating he made a phone call at 9:37 p.m., yes?

633 A:

Yes.

634 MR. BAKER:

I object. I don't know if this is a question or speech.

635 THE COURT:

Sustained.

636 Q:

You've seen those records -- you've seen the records that Kato Kaelin was on the phone around 9:37 p.m.?

637 A:

Yes.

638 Q:

You knew you were back from McDonald's by then?

639 A:

Yes.

640 Q:

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?

641 A:

I don't believe so.

642 Q:

You didn't see any blood in that car, did you?

643 A:

Absolutely -- that's absolutely correct.

644 Q:

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?

645 A:

I don't know if I'm aware of that.

646 Q:

But you had no indication whatsoever, as of 9:35 p.m. on the evening of June 12, that you were bleeding, true?

647 A:

That's correct.

648 Q:

Now your car, at this time, was parked on Ashford, was it not?

649 A:

I don't believe so.

650 Q:

Okay.

You told the police you normally park on Ashford, right?

651 A:

Yes.

652 Q:

And you testified in your deposition that you parked it on Rockingham sometime between 7 o'clock and 9 o'clock p.m.?

653 A:

That's correct.

654 MR. BAKER:

We talking about the Bronco now?

655 Q:

(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?

656 A:

That's correct.

657 Q:

But you couldn't remember between 7 or 9 o'clock p.m., a two-hour range, when you did so, correct?

658 A:

Yes.

Well, I -- I could -- I couldn't remember. Yeah, I couldn't remember. It was somewhere in that period of time.

659 Q:

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?

660 A:

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.

661 Q:

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?

662 A:

Yes.

663 Q:

And drove it into the Ashford gate -- through the Ashford gate, into your property, in front of your front door, right?

664 A:

Yes.

665 Q:

And took out your golf club, right?

666 A:

Yes.

667 Q:

Golf clubs?

668 A:

Yes.

669 Q:

And then pulled your car around, right?

670 A:

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.

671 Q:

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?

672 A:

Yes.

673 Q:

And your car was parked in the parking lot at Riviera, the Bronco, right?

674 A:

Sometimes I don't park in the parking lot, so it may have been parked, you know, on one of the parking circles.

675 Q:

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?

676 A:

That's correct.

677 Q:

Carried them yourself, right?

678 A:

Yes.

679 Q:

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?

680 A:

I could have, yes.

681 Q:

You could have done that, right?

682 A:

I could have, yes.

683 Q:

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?

684 A:

Yes.

685 Q:

But you didn't do that, right?

686 A:

That's correct.

687 Q:

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?

688 A:

Yeah. I pushed the button.

689 Q:

Pushed the button, and gates have to open. You drive in, and then you take your clubs out?

690 A:

Yes.

691 Q:

Then you say you parked it on Rockingham, right?

692 A:

That's correct.

693 Q:

Now, you were going to be out of town, and normally, you would park your car where the mailbox is on Ashford, right?

694 A:

Yes; that's the normal spot that I would park it.

695 MR. PETROCELLI:

Can you give me the chart, Steve.

696 MR. FOSTER:

Which one?

697 MR. PETROCELLI:

Excuse me, Your Honor.

Your Honor, are we breaking at 4:30 or 4:00?

698 THE COURT:

Excuse me?

699 MR. PETROCELLI:

Are we breaking at 4:30 or 4:00?

700 THE COURT:

I understood both sides wanted to break at 4:00.

701 MR. PETROCELLI:

I would like to, yes.

702 THE COURT:

All right.

703 MR. PETROCELLI:

This is Exhibit 116.

704 (Exhibit 116 displayed.)
705 Q:

(BY MR. PETROCELLI) So here's the mailbox on Ashford, right, Mr. Simpson?

706 THE COURT:

You're hard to see through, Mr. Petrocelli.

707 MR. PETROCELLI:

Good point, Your Honor.

Can you all see?

708 (Nod affirmatively.)
709 Q:

(BY MR. PETROCELLI) Can you see that?

710 A:

You want to use this?

711 (Indicating to pointer.)
712 Q:

That's all right.

Can you see it? So long as you can see.

713 A:

Yes.

714 Q:

Okay.

You pulled your car in from Ashford and unloaded the golf clubs, right?

715 A:

Yes.

716 Q:

And then you -- a few minutes later, you pull the car out to park it, right, for the night?

717 A:

Yes.

718 Q:

And you're going to be gone one day?

719 A:

One, possibly two, but the plan was one.

720 Q:

Okay.

And you could have pulled out of the Rockingham gate and parked at your normal spot on Ashford, right?

721 A:

Yes.

722 Q:

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?

723 A:

Yes.

724 Q:

But you testified in your deposition that you didn't do that, correct?

725 A:

That's correct.

726 Q:

And instead, you said you pulled out of the Rockingham driveway and parked on Rockingham, right?

727 A:

Yes.

728 Q:

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?

729 A:

Yes, I think that was my thought process.

730 Q:

And now, that gate opens and closes automatically, right?

731 A:

Yes.

732 Q:

So when you open the gate, it stays open for about what, 20, 30 seconds, and then closes, correct?

733 A:

Yes.

734 Q:

Now, your dog, Chachi, is a trained dog, right?

735 A:

No.

736 Q:

Your dog, Chachi, does not usually run outside when the gates open, true?

737 A:

Not now, but back then she did.

738 Q:

I'm talking about then.

739 A:

Yeah, she went out many times.

I had complaints from the SPCA, if you want to check with the SPCA.

740 Q:

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?

741 A:

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.

742 Q:

Your dog, Chachi, another time was somewhat lame, correct?

743 A:

Not as much as she is now, but yes, she was.

744 Q:

And it is true that that dog rarely, rarely went outside the gates when they opened; isn't that true, Mr. Simpson?

745 A:

That's not true.

746 Q:

And your testimony is that you parked on Rockingham because you were concerned that the dog might run outside the property?

747 A:

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.

748 Q:

So when you testified at your deposition at page -- where is it -- 962, at line 20, Chachi is a relatively trained dog --

749 A:

Yeah. If I called her, she'd come.

750 Q:

That doesn't mean that if you don't call her she's going to run outside; is that what that means, sir?

751 A:

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.

752 Q:

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?

753 A:

She could. I mean --

754 Q:

Could?

755 A:

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.

756 Q:

You already told me.

757 A:

Well, check it.

758 Q:

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?

759 A:

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.

760 Q:

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?

761 A:

I would guess so.

762 Q:

And about that time, you also encountered a limousine driver, true?

763 A:

I would think so.

764 Q:

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?

765 A:

That's absolutely true, unless somebody drove out and saw me when I was outside --

766 Q:

Excuse me. Is that true, that there --

767 A:

To my knowledge.

768 Q:

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?

769 A:

I would believe that would be true.

770 Q:

You know of no such person, correct?

771 A:

I don't know of anyone who saw me from 7:30 to 9:00, either.

772 Q:

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?

773 A:

No one was at my house. Unless they were driving by when I was in my yard --

774 Q:

Sir, I'm not asking about --

775 A:

No.

776 Q:

-- things that you don't know about.

777 MR. BAKER:

I think that's responsive. I think he ought to be able to finish his answer.

778 MR. PETROCELLI:

It's not responsive.

779 THE COURT:

Overruled.

Answer the question.

780 O.J. SIMPSON:

I'm sorry.

781 MR. PETROCELLI:

It was a very simple question.

782 Q:

(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?

783 A:

That's correct.

784 Q:

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?

785 A:

That's not true.

786 Q:

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?

787 A:

That's absolutely not true.

788 Q:

And you confronted Nicole Brown Simpson and you killed her, didn't you?

789 A:

That is absolutely not true.

790 Q:

And you killed Ronald Goldman, sir, did you or did you not?

791 A:

That's absolutely not true.

792 Q:

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?

793 A:

That is absolutely not true.

794 Q:

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?

795 A:

That's absolutely not true.

796 Q:

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?

797 A:

That's absolutely untrue.

798 Q:

And you walked from the Bentley into your house at 10:55 p.m. and were seen by Allan Park; true?

799 A:

I believe when I came out, at one point, I thought whoever the limo driver was would have seen me, yes.

800 Q:

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?

801 A:

That's absolutely not true.

802 Q:

And you dropped the bag right here?

803 (Indicating to Exhibit 116.)
804 Q:

(BY MR. PETROCELLI) And you went inside at 10:55 p.m. Yes or no?

805 A:

No.

806 Q:

And you dropped a piece of blood near a cable in the back, near the wall, where you ran into the wall, correct?

807 A:

That's incorrect.

808 Q:

And you bled on that cable wire, didn't you, sir?

809 A:

That's incorrect.

810 Q:

And you bled on that air conditioner, didn't you, sir?

811 A:

That's incorrect.

812 Q:

And you bled all over that driveway and in your Bronco, didn't you, sir?

813 A:

That is absolutely incorrect.

814 THE COURT:

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.

815 (At 4:00 P.M., an adjournment was taken until Monday, November 25, 1996, at 8:30 A.M.)

Temperature

tense

Key Quotes (5)

O.J. Simpson
What Nicole felt at that time was no concern of mine.
Responding to whether he knew Nicole would be upset if he missed Sydney's dance recital — a strikingly cold framing that undercuts his public image as a devoted father.
O.J. Simpson
I'm unattached for the first time in my life
Message left for Gretchen Stockdale at 7:32 p.m. on June 12 — Petrocelli argues this was triggered by Paula's breakup voicemail, putting Simpson emotionally unmoored hours before the murders.
O.J. Simpson
I didn't have a date with Kato.
Prompted laughter in the courtroom; Petrocelli immediately challenged Simpson — 'Do you think this is funny?' — turning a light moment into a tone-setting rebuke.
O.J. Simpson
No, I don't think any of this is funny. I wish I was anywhere but here.
Rare unguarded moment of frustration that revealed Simpson's emotional state on the stand.
O.J. Simpson
I paid attention to my case, yes.
Responding to Petrocelli's suggestion that Simpson spent years mastering the facts of his own defense — concedes deep familiarity with all evidence, which Petrocelli uses to raise the stakes on every 'I don't remember' answer.

Evidence (5)

Plaintiffs' 2216
Simpson telephone call log dated June 12, 1994 — displayed on a board in court
Introduced and used extensively to walk through Simpson's call timeline from 2:12 p.m. through 9 p.m.
Defendants' 2217
O.J. Simpson's phone records produced via subpoena from the phone company
Introduced to confront Simpson about a 6:56 p.m. call to his message manager (999 prefix), which he denied making
826
Photograph of Simpson's left hand at the dance recital, approximately 6–6:30 p.m. June 12
Displayed to establish no visible cuts or bleeding on Simpson's hand at that time
195
Second photograph displayed on screen at same time as 826
Displayed alongside Exhibit 826
Informal
Simpson's police interview tape/transcript with Detectives Lange and Vannatter, June 13, 1994 — page 13 referenced
Read aloud to impeach Simpson's denial that he retrieved Paula Barbieri's voicemail; also used to impeach his claim he preferred the Bronco over other cars

Notable Exchanges (4)

Daniel PetrocelliO.J. Simpson
Petrocelli walks through phone records showing Simpson called his message manager at 6:56 p.m. for five minutes — the time Paula Barbieri's breakup message would have been retrieved. Simpson flatly denies it and says he was talking to Kato. Petrocelli then reads Simpson's own police statement from the next day where he admitted picking up exactly that message.
devastating
Daniel PetrocelliO.J. Simpson
Petrocelli confronts Simpson with the Gretchen Stockdale message — 'hi, this is O.J., I'm unattached for the first time in my life' — and argues it was left because Paula had just ended their relationship. Simpson denies the connection, insisting he wasn't referring to Paula.
strategic/revealing
Daniel PetrocelliO.J. SimpsonRobert Baker
Petrocelli asks if Simpson knows the case better than his lawyers do. Baker objects, saying he is 'appalled,' triggering laughter in court. Judge Fujisaki tells Simpson he may answer if he knows.
heated with levity
Daniel PetrocelliO.J. Simpson
Simpson says 'I didn't have a date with Kato' while explaining why he didn't tell Kaelin where they were going to eat, prompting laughter. Petrocelli immediately pivots: 'Do you think this is funny?' Simpson: 'No. They laughed, not me.' Baker objects; sustained.
tense after momentary levity

Light Moments (2)

Robert Baker (reaction)
Laughter in court after Petrocelli asks if Simpson knows the case better than his own lawyers. Baker dramatically announces he is 'appalled' by the question.
O.J. Simpson
Simpson says 'I wasn't having a date with Kato; I was going to get a burger,' generating laughter. He then insists 'I didn't have a date with Kato' a second time before Petrocelli cuts him off.

Credibility Attacks (4)

⚔ O.J. Simpson
prior inconsistent statement
Simpson denies calling his message manager at 6:56 p.m. to retrieve Paula Barbieri's breakup voicemail. Petrocelli reads from Simpson's June 13 police interview where he explicitly told detectives he had checked his messages and Paula 'had left me a message that she wasn't there, that she had to leave town.'
⚔ O.J. Simpson
prior inconsistent statement
Simpson claims he just took the 'nearest car' to McDonald's. Petrocelli reads from his police statement where he said of the Bronco: 'I'd rather drive it than any other car' and 'the Bronco is what I drive.'
⚔ O.J. Simpson
conduct inconsistent with claimed state of mind
Simpson insists he was in a serious relationship with Paula Barbieri yet left a message for Gretchen Stockdale at 7:32 p.m. saying he was 'unattached for the first time in my life.' Petrocelli argues this only makes sense if Simpson had just received Paula's breakup message — which Simpson denies retrieving.
⚔ O.J. Simpson
bias / selective memory
Petrocelli establishes that Simpson attended the entire criminal trial, reviewed 'most of the reports,' and had been preparing since June 1994 — setting up that any 'I don't recall' answer is a choice, not a lapse.

Witness Demeanor

(Laughter) — after Simpson's 'date with Kato' remark
(Laughter) — after Baker's 'I am appalled' objection to the 'knows better than his lawyers' question
Frequently evasive: 'I would imagine so,' 'I would assume so,' 'possibly,' 'I don't believe so'
Repeatedly interrupts to finish answers; asks 'Can I finish my answer, please?' twice
Combative on specific factual points (message manager call, Bronco parking), then vague on others

Objections

11 objections (5 sustained, 5 overruled)
Proceeding 8378 • 815 utterances • Defense witness
Civil Trial
Department 103
⚖️ Start
📂 NOV 22, 1996 📄 Cross-examination of O.J. Simp
NOV 22, 1996 KRT DvH TD