Direct examination of O.J. Simpson (part 1)

📄 Direct examination of O.J. Simpson (part 1) — Friday, November 22, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\22\DIRECT-EXAMINATION-OF-O-J-SIMP.DOC

TRIAL

▲ Day 21 of 57

◀ Morning session opening Sidebar: Lenore Walker testimony admissibility ▶

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Defense • Date: Friday, November 22, 1996 • Utterances: 98

Plaintiff's attorney Daniel Petrocelli calls OJ Simpson as an adverse witness under California Evidence Code Section 776 and walks him through his relationship history with Nicole Brown Simpson — from meeting her when she was 18 and he was a married 29-year-old NFL player, through their marriage, divorce, failed reconciliation, and her death weeks after their final split. Petrocelli then confronts Simpson with his own words from the June 13, 1994 police interview, getting him to confirm he told detectives it had always been 'a problem relationship,' and surfaces the defense's own retained domestic violence expert, Lenore Walker.

# 1 MR. PETROCELLI:

Thank you, Your Honor.

Pursuant to California Evidence Code Section 776, we call to the stand, the defendant, Orenthal James Simpson.

ORENTHAL JAMES SIMPSON, called as a witness pursuant to California Evidence Code Section 776 by the Plaintiffs, was duly sworn and examined as follows:

# 2 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 3 O.J. SIMPSON:

I do

# 4 THE CLERK:

Please be seated.

And would you please state your name for the record.

# 5 O.J. SIMPSON:

Orenthal James Simpson.

DIRECT EXAMINATION BY MR. PETROCELLI:

# 6 Q:

Mr. Simpson, you first met Nicole when she was 18 years old; is that true?

# 7 A:

That's correct.

# 8 Q:

She was a waitress, just having graduated from high school?

# 9 A:

A waitress, but I think she graduated when she was 16.

# 10 Q:

And you were a football player in the NFL at the time?

# 11 A:

That's correct.

# 12 Q:

Almost 30 years old, right?

# 13 A:

Twenty-nine.

# 14 Q:

And a month away from 30, right?

# 15 A:

Yes.

# 16 Q:

And you were married at the time to your then wife?

# 17 A:

Yes.

# 18 Q:

And two children?

# 19 A:

Yes.

# 20 Q:

And living together, right?

# 21 A:

Yes.

# 22 Q:

And when you met Nicole, you struck up, immediately, a romantic relationship with her, right?

# 23 A:

Immediately, yes.

# 24 Q:

And then in a short time, you got her a place to live, and the two of you began your relationship together, right?

# 25 A:

Yes. I helped her get a place to live, yes.

# 26 Q:

And then about 1980 or so, she moved into your Rockingham residence?

# 27 A:

I believe so, yes.

# 28 Q:

And by that time, you had left and divorced your first wife, right?

# 29 A:

Correct.

# 30 Q:

Now, you and Nicole lived together for about five years, until you married in February 1985, true?

# 31 A:

That's correct.

# 32 Q:

And in January 1992, Nicole told you she wanted to leave you, right?

# 33 A:

She wanted to separate, yes.

# 34 Q:

Okay.

And the two of you then separated, correct?

# 35 A:

Yes.

# 36 Q:

And Nicole filed for divorce shortly thereafter, right?

# 37 A:

Yes.

# 38 Q:

And the divorce was final in October, October 15 of that year, correct?

# 39 A:

Yeah, about that time.

# 40 Q:

Okay.

And the following year, 1993, the two of you attempted a period of reconciliation, right?

# 41 A:

Yes.

# 42 Q:

And that lasted about one year?

# 43 A:

I believe exactly one year.

# 44 Q:

And it ended in May 1994, true?

# 45 A:

Correct.

# 46 Q:

Weeks before her death on June 12, 1994, correct?

# 47 A:

Almost exactly a month.

# 48 Q:

And you were together, then, with Nicole about 17 years; is that right?

# 49 A:

Most of 17 years, yes.

# 50 Q:

And during that period of time, Mr. Simpson, there were some good time and bad times, right?

# 51 A:

Mostly good, yes.

# 52 Q:

And there were bad times, right?

# 53 A:

A few, yes.

# 54 Q:

More than a few, right?

# 55 A:

Well, like any long relationship, there was a few bad times, yes.

# 56 Q:

We're only talking about your relationship, sir, not other relationships. Okay?

# 57 A:

Yes.

# 58 Q:

And this was a passionate relationship at times, correct?

# 59 MR. BAKER:

Objection; relevance.

# 60 THE COURT:

Overruled.

# 61 A:

Yes.

# 62 Q:

(BY MR. PETROCELLI) And it was a problem relationship for you throughout much of the time, true?

# 63 A:

Not true.

# 64 Q:

Did you not tell the Los Angeles police detectives who interviewed you on June 13, 1994, hours after Nicole's death, that you had always had problems with your relationship with Nicole; it was a problem relationship?

# 65 A:

Yes. We had problems in our relationship, but I don't think it was mostly a problem.

# 66 Q:

Did you not say that to the police detectives on June 13, 1994?

Yes or no?

# 67 A:

Yes.

# 68 Q:

You said that, right?

# 69 A:

Yes.

# 70 Q:

And when you said "I have always had problems with her, you know, I, I, um, that -- that's our relationship, has been a problem relationship," that was true, correct?

# 71 MR. BAKER:

I'm going to object. I'm going to object to reading that transcript because that transcript is inaccurate. If he wants to play the tape, he can play the tape for the jury.

# 72 MR. PETROCELLI:

Object to the speaking objections.

# 73 THE COURT:

Overruled.

# 74 MR. PETROCELLI:

May I have the question read back?

I'm going to repeat it.

# 75 THE COURT:

Leave out -- you know, I don't think it's necessary to put in all the "ums" and things.

# 76 MR. PETROCELLI:

I just wanted to be accurate, Your Honor, that's all.

Mr. Baker, it's page 19.

# 77 MR. BAKER:

The transcript is inaccurate.

# 78 Q:

(BY MR. PETROCELLI) Did you not say to Detectives Lange and Vannatter, on June 13, 1994, concerning your relationship with Nicole, I always have problems with her; you know, that's -- our relationship has been a problem relationship.

Did you say that?

# 79 A:

Yes.

# 80 Q:

And when you said that, that was true, correct?

# 81 A:

When I said it, yes.

# 82 Q:

Okay. And did you not also -- withdrawn.

Was it also true that you had frequent hassles with Nicole.

# 83 MR. BAKER:

Vague as to time.

# 84 THE COURT:

Sustained.

# 85 Q:

(BY MR. PETROCELLI) In the course of your relationship with her, up to -- up to the time that the two of you split up?

# 86 A:

In the last few years, yes.

# 87 Q:

Did you not tell Lenore Walker that you always had had hassles with Nicole?

# 88 A:

I may have.

# 89 Q:

And did you not tell Lenore Walker, as if -- she can't stand when things are quiet and had to be -- and had to shake them up?

# 90 A:

Yes.

# 91 Q:

And Lenore Walker, by the way, is whom?

# 92 A:

I guess a psychologist.

# 93 Q:

And --

# 94 A:

Who specializes in domestic discord.

KEY QUOTE

# 95 Q:

And a person that you, your legal team retained in the course of the criminal trial, right?

# 96 A:

That's correct.

# 97 MR. BAKER:

I want to approach on this.

# 98 THE COURT:

You may.

Temperature

tense

Key Quotes (4)

Orenthal James Simpson

I always have problems with her; you know, that's -- our relationship has been a problem relationship.

Simpson confirms he made this admission to Detectives Lange and Vannatter hours after Nicole's murder — Petrocelli uses his own words to establish a pattern of relationship dysfunction.

Orenthal James Simpson

Who specializes in domestic discord.

Simpson volunteers this description of Lenore Walker, the defense's own retained psychologist, inadvertently flagging that his own legal team hired a domestic violence specialist — an implicit acknowledgment of the issue.

Robert Baker

I'm going to object to reading that transcript because that transcript is inaccurate. If he wants to play the tape, he can play the tape for the jury.

Baker challenges the accuracy of the police interview transcript rather than the substance of what Simpson said — a telling deflection that Judge Fujisaki overruled.

Orenthal James Simpson

Mostly good, yes.

Simpson's attempt to reframe 17 years with Nicole as mostly positive, immediately before Petrocelli forces him to concede a 'problem relationship' using his own prior statements.

Evidence (1)

Informal

Transcript of OJ Simpson's June 13, 1994 police interview with Detectives Lange and Vannatter

Petrocelli reads from it to impeach Simpson's characterization of the relationship; Baker challenges its accuracy

Notable Exchanges (2)

Daniel Petrocelli•Robert Baker

Baker objects to Petrocelli reading from the police interview transcript, claiming it is inaccurate and demanding the tape be played instead. Petrocelli objects to the speaking objection; Fujisaki overrules Baker and notes there is no need to include the 'ums' for accuracy.

strategic

Daniel Petrocelli•Orenthal James Simpson

Petrocelli walks Simpson through his own police statement — 'I always had problems with her' — forcing a yes/no confirmation, then gets Simpson to confirm the same characterization was true when he said it.

methodical/revealing

Credibility Attacks (2)

⚔ Orenthal James Simpson

Prior inconsistent statement / admission

Petrocelli uses Simpson's own June 13, 1994 statement to Detectives Lange and Vannatter to contradict his minimization of relationship problems, forcing Simpson to confirm the 'problem relationship' characterization on the record.

⚔ Orenthal James Simpson

Statement to defense's own retained expert

Petrocelli surfaces admissions Simpson made to Lenore Walker — the defense's retained domestic violence psychologist — including that Nicole 'can't stand when things are quiet and had to shake them up,' using Simpson's own framing to explore the relationship dynamic.

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 8381 • 98 utterances • Defense witness

Civil Trial

Department 103