Direct examination of O.J. Simpson (part 2)

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

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

TRIAL

▲ Day 21 of 57

◀ Sidebar: Lenore Walker testimony admissibility Redirect examination of O.J. Simpson (part 1) ▶

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Defense • Date: Friday, November 22, 1996 • Utterances: 769

Petrocelli conducts a punishing direct examination of OJ Simpson focused almost entirely on domestic violence, centering on the January 1, 1989 incident. Simpson repeatedly denies ever hitting, slapping, kicking, or beating Nicole while simultaneously admitting he 'felt responsible' for her injuries and that he was 'wrongly physical' with her — a contradiction Petrocelli hammers relentlessly. The examination also introduces Simpson's apologetic post-incident letters, the prenuptial agreement modification he offered Nicole, and prior inconsistent statements from a Roy Firestone ESPN interview where Simpson said 'no one was hurt, it was no big deal.'

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

# 2 Q:

(BY MR. PETROCELLI) Dr. Lenore Walker is a woman that worked with you in the course of the criminal case, and you spent many days talking with her about the nature of your relationship with Nicole, right?

# 3 A:

Yes.

# 4 Q:

Okay.

Is it also true, sir, that in the course of your relationship with Nicole, that the two of you knew how to push each other's buttons?

# 5 A:

Yes.

# 6 Q:

Okay.

And it's also true that, from time to time, the two of you got into very heated arguments that resulted in Nicole moving out for a day or two or a week at a time?

# 7 A:

Yes.

# 8 Q:

Okay.

And there were incidents when pictures would be thrown and lamps would be broken, things like that, right?

# 9 A:

Yes.

# 10 Q:

And there were also physical altercations, true, Mr. Simpson?

# 11 MR. BAKER:

Vague as to time. All these questions are vague as to time, Your Honor.

# 12 THE COURT:

Time.

# 13 Q:

(BY MR. PETROCELLI) I'm referring to the time when the two of you began a relationship in 1977, up until the time you stopped that relationship.

# 14 MR. BAKER:

It's over broad, Your Honor.

# 15 THE COURT:

Overruled.

# 16 A:

Yes, we had a physical altercation.

# 17 Q:

(BY MR. PETROCELLI) Well, there was more than one physical altercation, true?

# 18 A:

I think you'd have to define that. There was one very physical altercation, and there were other times when they were not so physical.

# 19 Q:

What do you mean by "not so physical," Mr. Simpson?

# 20 A:

Well, Nicole hit me a few times, and I didn't consider that too physical.

# 21 Q:

So the ones that were not so physical are the times when you say Nicole hit you, true?

# 22 A:

Yes.

And one time I grabbed her at a door and pushed her outside the door. That -- if you call that physical, that's physical, yes.

# 23 Q:

And how many times did Nicole hit you, as you say?

# 24 A:

Numerous times.

# 25 Q:

Okay.

And how many times, Mr. Simpson, in the course of these physical alterations, did you hit Nicole?

# 26 A:

Never.

# 27 Q:

How many times did you strike Nicole?

# 28 A:

Never.

# 29 Q:

How many times did you slap Nicole?

# 30 A:

Never.

# 31 Q:

How many times did you kick her?

# 32 A:

Never.

# 33 Q:

How many times did you beat her, sir?

# 34 A:

Never.

# 35 Q:

And if Nicole said you hit her, she would be lying; is that true?

# 36 MR. BAKER:

I object. Your Honor.

# 37 THE COURT:

Sustained.

# 38 Q:

(BY MR. PETROCELLI) If Nicole told people and wrote down in her diary that you hit her --

# 39 MR. BAKER:

I object to this.

# 40 MR. PETROCELLI:

Excuse me, Your Honor; I'm not finished with the question.

# 41 MR. BAKER:

That doesn't matter.

# 42 THE COURT:

I'll sustain it as to form.

# 43 Q:

(BY MR. PETROCELLI) You are aware that Nicole has told others that you hit her?

# 44 MR. BAKER:

I object to this, Your Honor.

# 45 THE COURT:

That's overruled.

# 46 A:

Yes.

# 47 Q:

(BY MR. PETROCELLI) And you are aware that Nicole has written down in writings that you hit her, true?

# 48 A:

Yes.

# 49 Q:

And you are aware that her writings describe numerous incidents when you hit her, true?

# 50 MR. BAKER:

I object to this again.

# 51 THE COURT:

Overruled.

# 52 MR. BAKER:

I think we need to approach.

# 53 THE COURT:

No.

# 54 MR. PETROCELLI:

Your Honor --

Please answer the question.

# 55 THE COURT:

Overruled.

# 56 A:

Yes.

# 57 Q:

(BY MR. PETROCELLI) And your view is all that is false, true?

# 58 A:

True, yes.

# 59 Q:

Let's talk about 1989, okay?

That was an angry, intense, physical confrontation, true?

# 60 A:

Correct.

# 61 Q:

You're what, at the time, six-two, 215 pounds?

# 62 A:

Yes.

# 63 Q:

Nicole, five-eight, 135 pounds?

# 64 A:

Yes.

# 65 Q:

And you hit her that day, didn't you, sir?

# 66 A:

No.

# 67 Q:

Did your hand make contact with her face at all to cause injuries on her face?

Yes or no?

# 68 A:

I don't know.

# 69 Q:

Didn't you testify -- you remember testifying in this deposition, sir?

# 70 A:

Yes.

# 71 Q:

Remember I took your deposition over a number of days and Mr. Kelly, Mr. Brewer also asked you questions?

# 72 A:

Yes.

# 73 Q:

Let me read from that deposition.

By the way, you understand and you understood then, you were under oath and subject to the same penalty of perjury, just as you are today?

# 74 A:

Yes.

# 75 MR. PETROCELLI:

Line -- page 1032, Mr. Baker, line 21.

# 76 MR. BAKER:

Line again?

# 77 MR. PETROCELLI:

Starting at 20, sir.

# 78 MR. BAKER:

To where?

# 79 MR. PETROCELLI:

22.

# 80 MR. BAKER:

Okay.

# 81 Q:

(BY MR. PETROCELLI) By me. (Reading:) "Q. You were in such a rage that you don't remember what you did; is that right? "A. I remember exactly what I did."

Now, tell this jury exactly how you caused all those injuries on Nicole's face.

# 82 A:

Well, as I told you throughout the deposition, I don't know how exactly it happened, but I felt totally responsible for everything that happened at one point.

# 83 Q:

Mr. Simpson --

# 84 MR. BAKER:

Let him answer the question.

# 85 Q:

(BY MR. PETROCELLI) I'm not asking about your responsibility; I'm asking about your physical movements and actions.

# 86 MR. BAKER:

I move to let this witness answer the question.

# 87 THE COURT:

The answer was not responsive.

Go ahead.

# 88 Q:

(BY MR. PETROCELLI) Please tell the jury exactly what you did to cause the injuries on Nicole's face.

# 89 A:

Well, as I explained to you, I don't know exactly how the injuries took place, so I can't really answer that question.

If you want me to say what happened, I can tell you what happened.

# 90 Q:

You said in the deposition, you remember exactly what you did, true?

# 91 A:

And I also told you I don't know how the injuries got there.

# 92 Q:

You said you remembered exactly what you did, true?

# 93 A:

Correct.

Not to cause the injuries; I didn't say that.

# 94 Q:

You caused all those injuries, did you not?

# 95 A:

I feel totally responsible for every injury she had then, yes.

# 96 Q:

Sir, I'm not asking you about your feelings of responsibility. Do you understand?

# 97 A:

Yes.

# 98 Q:

I'm asking you about what you did.

You caused the injuries to her face, did you not?

# 99 A:

I feel responsible for every injury she had.

# 100 MR. PETROCELLI:

Move to strike as nonresponsive.

# 101 THE COURT:

Stricken. Jury is to disregard that answer.

# 102 Q:

(BY MR. PETROCELLI) Please answer the question.

# 103 A:

I don't know.

# 104 Q:

You don't know what?

# 105 A:

That I caused every injury.

# 106 MR. PETROCELLI:

Let's put some photos up.

And I apologize to the jury for having to show those photos.

Exhibit 3.

# 107 (Plaintiffs' Exhibit 3 displayed on TV screen.)

# 108 Q:

You've seen those photos before, Mr. Simpson?

# 109 A:

Yes.

# 110 Q:

By the way, you say that some of the marks on -- on this photograph are caused by Nicole picking her face that night, true?

# 111 A:

No. I told you when she cleans her face.

# 112 Q:

That night?

# 113 A:

A lot of this redness would normally be there most nights, once she picked and cleaned her face.

# 114 Q:

You said in your deposition, sir, did you not, that that night she was picking at her blemishes, and that caused marks on her chin and on her cheek, true?

# 115 A:

No. I said normally what -- when she does pick her face, that those were marks that I'd normally see, yes.

# 116 Q:

Did you not say in your deposition that she did so that night, and that's why those marks appear on her face?

Yes or no?

# 117 A:

I don't know --

# 118 MR. BAKER:

That's been asked.

# 119 THE COURT:

Overruled.

# 120 A:

-- Exactly.

# 121 Q:

(BY MR. PETROCELLI) Excuse me?

# 122 A:

I'm not sure if that's what I said exactly.

# 123 Q:

Tell the jury right now, did Nicole cause any of those marks to herself that night by picking at her face?

# 124 A:

I don't know, but --

# 125 Q:

You don't know? Yes, no, or you don't know; that's all?

# 126 A:

I don't know.

# 127 Q:

Okay.

Let's talk about the injury to the lip, the split lip. How did she get that injury, sir?

# 128 A:

That looks more than what would normally be there. So at some point during the night, I assume that that happened, once our -- our -- our altercation began.

# 129 Q:

Well, what did you do to cause that injury?

# 130 A:

I wrestled her out of the room. And what happened when she was outside, I didn't see when she fell, but I feel responsible for all of that.

# 131 Q:

But you've said you "feel responsible for," a number of times. It's not necessary to keep saying it 'cause it's not responsive to my questions.

# 132 MR. BAKER:

I object to this. He can't give my client a speech.

# 133 THE COURT:

Sustained.

# 134 Q:

(BY MR. PETROCELLI) Let's talk about what you did physically with your hand, your foot, whatever.

Tell us how she got the cut on her lip, the split on her lip, that caused it to bleed that night?

# 135 A:

I don't know.

# 136 Q:

You don't know?

# 137 A:

No.

# 138 Q:

Okay.

Tell us how she got the welt over the right eye.

# 139 A:

I don't know specifically how.

# 140 Q:

You did hit her there?

# 141 A:

No.

# 142 Q:

And it's your testimony, before this jury, that you never touched her face with your hand, true?

# 143 A:

I don't know, as I told you in the deposition, in wrestling her, maybe my hand hit -- hit or was on her face. I certainly didn't punch her or slap her.

# 144 Q:

You say your hand was on her face.

Did you strike her at any time?

# 145 A:

As I told you, I had her in a head lock at one point, in trying to get her out of the door, so I would assume that my hand was somewhere around her -- her face.

# 146 Q:

When you say "head lock," you said in the deposition that you had her head in kind of a head lock to get her out of the room, true?

# 147 A:

At one point, yes.

# 148 Q:

Are you saying that that's when that injury to her eye occurred?

# 149 A:

I don't know when it occurred. But I'm assuming it occurred during the altercation or when she fell outside and --

# 150 Q:

I would ask --

# 151 A:

-- I was a cause of all of that.

# 152 Q:

I would ask that you not assume anything. Either tell us what happened or --

# 153 MR. BAKER:

I would ask Mr. Petrocelli not to give my client legal advice.

# 154 THE COURT:

Overruled.

# 155 Q:

(BY MR. PETROCELLI) I just want to know what your recollection, sir, is; that's all.

Just tell us what you remember.

# 156 A:

I don't -- I don't remember specifically when any single mark or injury came on her face, any of them. But I'm assuming they all happened during this altercation.

# 157 Q:

I Would ask that you not assume anything. Just tell us what you --

# 158 MR. BAKER:

Again I as that Mr. Petrocelli --

# 159 THE COURT:

Overruled. He may frame the question as he wishes.

# 160 Q:

(BY MR. PETROCELLI) Are you saying now that it's possible that you might have struck her with your hand, delivered a below to her right eye to cause that mark?

Yes or no?

# 161 A:

No.

# 162 Q:

It's not possible?

# 163 A:

I did not punch her or slap her. That didn't happen.

# 164 Q:

Did you strike her with your hand?

# 165 A:

No.

# 166 Q:

Now, this thing about wrestling, your view is that Nicole started an argument that night about something that she was absolutely wrong about, true?

# 167 A:

Exactly, yes.

# 168 Q:

And she came into the bedroom and started hitting you, right?

# 169 (No verbal response.)

# 170 Q:

Correct?

# 171 A:

Essentially, yes.

# 172 Q:

And you tried to remove her from the bedroom and initially succeeded in doing so and locked your door, true?

# 173 A:

Again, yes.

# 174 Q:

That's what you testified to?

# 175 A:

I testified I locked her out once.

She got a key and got in.

# 176 Q:

The first time -- the first time, you got her out of the room?

# 177 A:

No, that's not correct. First time she went out, and I locked the door.

# 178 Q:

Okay.

Did you -- was there any wrestling the first time?

# 179 A:

No.

# 180 Q:

Okay.

And to your knowledge, no bruising or marks or injuries to her occurred during the time that you got her out of the room?

# 181 A:

I didn't get her out the first time.

# 182 Q:

The time she left the room?

# 183 A:

Yes.

# 184 Q:

You locked the door, right?

# 185 A:

Yes.

# 186 Q:

And then what happened is, Nicole got a key and opened the door, and you were sitting or lying on the bed, right?

# 187 A:

Yes.

# 188 Q:

And then you say Nicole started hitting you at that point, right?

# 189 A:

She jumped on me.

# 190 Q:

And then what you did was, to kind of try to just get her out of the room, right?

# 191 A:

That was my purpose, yes.

# 192 Q:

Okay.

And you said Nicole is one of the most physically conditioned women you've ever known, right?

# 193 A:

Yes.

# 194 Q:

You said, at least that night, she was quite a match for you, right?

# 195 A:

It's tough -- it was tough to get her out of the room, yes.

# 196 Q:

So what you did is, you started to sort of try to, from behind her, put your arms around her and get her out of the room, right?

# 197 A:

I don't know if that's necessarily true.

# 198 Q:

At some point, you think, in the process of trying to get her out the 15 feet or so to the door so you could close your door, you got her in a head lock; is that right?

# 199 A:

I don't think that's necessarily true.

# 200 Q:

Is that a fair description?

# 201 A:

No.

# 202 Q:

Well, tell us, then.

# 203 A:

She jumped on me, on the bed, and with her knees and arms -- and then I kind of grabbed her and we kind of fell over on the floor.

And then I was trying to get her -- to get her out of the door, and she was grabbing things and hitting. And eventually, I got her out of the door.

# 204 Q:

Okay.

And when you said you grabbed her, you put your right hand into a fist --

# 205 A:

Yes.

# 206 Q:

-- just now.

Is that what you did that night when you grabbed her?

# 207 A:

Quite possibly when I grabbed her arm, quite possibly I did.

# 208 Q:

When you did -- now, you just put both hands in a fist.

When you did it that night, did you punch her in the face with your hands?

# 209 A:

No. No.

# 210 Q:

Did you put your fingers and hands on her throat and leave marks on her throat, sir?

# 211 A:

I don't recall doing that at all, no.

# 212 Q:

You are aware she had marks on her throat, are you not?

# 213 A:

I'm aware that someone said she did, yes.

# 214 Q:

You believe that's false?

# 215 A:

I never saw them. And the next day, she showed me all her bruises.

# 216 Q:

She showed you everything the next day?

# 217 A:

She showed me something here, and this -- this was obvious to me. (Indicating to arm and head.)

# 218 Q:

You didn't see any marks on her throat?

# 219 A:

No.

# 220 Q:

No hand print or anything like that?

# 221 A:

No.

# 222 Q:

It's your testimony that you never touched her throat, right?

# 223 A:

I don't know.

When you say "touched her throat," I was wrestling her; I could have touched her throat, yes.

# 224 Q:

And how could you have touched her throat?

# 225 A:

I don't know. Maybe -- I don't know. If you want to wrestle, you know -- I don't know. You know, it happens in a wrestling match.

# 226 Q:

Would you like to demonstrate to me, sir, how you had her head in a head lock with the Court's permission?

# 227 MR. BAKER:

I'm going to object to that, Your Honor.

# 228 THE COURT:

I don't think it's necessary.

# 229 Q:

(BY MR. PETROCELLI) So you don't remember how these injuries occurred, true?

# 230 A:

I assume they occurred during this event, but I didn't see -- you know, when you're doing things, you don't see exactly, you know, when they happen. I just saw the next day or later on, to an extent that she had them, and I -- I felt I was responsible for them.

# 231 Q:

Well, one thing you are clear about, though, is that however these injuries occurred, it didn't result from your fist striking her or your hand striking her --

# 232 A:

Yes.

# 233 Q:

-- and your hitting her in any way, true?

# 234 A:

True.

# 235 Q:

Now, once you got Nicole out of the room, you testified in your deposition, that was the end of the altercation. True?

# 236 A:

That's correct.

# 237 Q:

Now, you told a very different account of this incident, sir, to Dr. Lenore Walker, did you not?

# 238 A:

I don't believe so.

# 239 Q:

Did you not tell Dr. Walker that Nicole, after you had an argument in your room --

And by the way, this argument was over Nicole's belief that you were buying expensive earrings for another woman and were being unfaithful to her, true?

# 240 A:

I think it was over her misinterpreting what a girl named Kathryn, Marcus Allen's wife, said to her.

Of course, she called Nicole the next day and explained it to Nicole.

# 241 Q:

Did you hear my question, Mr. Simpson?

# 242 MR. PETROCELLI:

Could you repeat it?

You can answer it yes or no.

(Reporter reads the record as follows:) "Q. Did you not tell Dr. Walker that --

# 243 MR. PETROCELLI:

Next question.

THE COURT REPORTER: I don't have that as the next question.

# 244 MR. PETROCELLI:

Let me reask it.

# 245 Q:

(BY MR. PETROCELLI) This argument that you and Nicole had began when you -- and Nicole accused you of buying expensive earrings for another woman, true?

# 246 A:

That's not necessarily true.

# 247 Q:

Not necessarily true?

# 248 A:

No. She made -- she alluded to something and she never talked about what it was.

# 249 Q:

But the gist of it was that you had bought expensive earrings for a woman other than her, correct?

# 250 A:

Yes.

# 251 Q:

Okay.

And you told Dr. Walker that Nicole, in the course of this argument, broke an expensive lamp shade and ran out of the room, right?

# 252 (No verbal response.)

# 253 Q:

Correct?

# 254 A:

Yeah, partially, yes.

# 255 Q:

And you told Dr. Walker that Nicole then went to the bathroom in the -- in the hallway, and that you locked her out of the bedroom, right?

# 256 A:

That's correct.

# 257 Q:

Then Nicole went downstairs and buzzed you up, but you ignored the buzz, true?

# 258 A:

That's not correct.

# 259 Q:

And then you went downstairs to the kitchen, sir, where Nicole was at that time, true?

# 260 A:

That's not correct.

# 261 Q:

And you got mad, you grabbed her from behind, and you dragged her out the front door, correct?

# 262 A:

That's not correct.

# 263 Q:

You told all of that to Dr. Walker, true?

# 264 A:

That's not correct.

# 265 Q:

And you saw Dr. Walker taking notes in the course of your conversations, true?

# 266 A:

That's -- I saw her doing that, yes.

# 267 Q:

Okay.

And you weren't trying to mislead Dr. Walker, were you?

# 268 A:

No, I wasn't.

# 269 Q:

Now, it's also true that Nicole then ran to one of the guest rooms on your property, where your then housekeeper, Michelle, lived, correct?

# 270 A:

She ended up there. I don't know if she ran there. I didn't see them when she -- when she ran there.

# 271 Q:

You followed her to Michelle's room to continue the argument, true?

# 272 A:

I went out to Michelle's room, yes.

# 273 Q:

You had no reason to go out to Michelle's room if you were trying to simply quiet things down, did you, sir?

# 274 A:

I don't agree with that.

# 275 Q:

You could have stayed in your room, upstairs, after you succeeded in wrestling her out of the room, locked the door, and gone to sleep, true?

# 276 A:

Well, I could have stayed up there, yes.

# 277 Q:

And you did not do so, right?

# 278 A:

Correct.

# 279 Q:

And you went to Michelle's room, right?

# 280 A:

Correct.

# 281 Q:

And you pounded on the door and Michelle let you in, true?

# 282 A:

No.

# 283 Q:

And Nicole was dressed in sweat pants and a brassiere and nothing else at the time you entered Michelle's room, true?

# 284 A:

I believe so, yes.

# 285 Q:

And you told all of that to Dr. Walker, true?

# 286 A:

I believe so, yes.

# 287 Q:

And you told none of that to me in your deposition, true?

# 288 A:

I don't know.

# 289 Q:

You don't know?

# 290 A:

I don't know. I don't -- nine or eleven days, I don't know what we talked about. We talked about just about everything.

# 291 Q:

Well, we'll get into that.

Now, when you entered Michelle's room, you began to scream and yell at Nicole, who was on the phone, calling the police. True?

# 292 A:

No.

# 293 Q:

And you told all of that to Dr. Walker correct?

# 294 A:

No.

# 295 Q:

And you got on the bed, with Nicole underneath you, and you grabbed her arms, punched her, and scratched her, correct?

# 296 A:

No.

# 297 Q:

She punched you and scratched you, correct?

# 298 A:

No, she --

# 299 Q:

Yes or no?

# 300 A:

No.

# 301 Q:

You got on top of her on the bed, true?

# 302 A:

She jumped across the bed.

# 303 Q:

You pushed her onto the bed, sir, true?

# 304 MR. BAKER:

Let him finish his answer.

# 305 THE COURT:

Overruled.

# 306 A:

She got on the bed and was getting across the bed, and she was yelling at me, and she ended up leaving the room.

# 307 Q:

(BY MR. PETROCELLI) You remember exactly what you did that evening, as you said in your deposition, right?

# 308 A:

Upstairs, yes.

# 309 Q:

Oh, you don't remember exactly what you did downstairs that followed what, minutes later?

# 310 A:

I remember exactly what I did, but not exactly what she was doing.

# 311 Q:

So now you're saying that you do remember exactly what you did, not only upstairs, but downstairs, true?

# 312 A:

Mostly, yes.

# 313 Q:

Okay.

So you didn't mean what you just said a second ago when you said, I remember exactly what I did upstairs?

# 314 MR. BAKER:

Argumentative.

# 315 Q:

(BY MR. PETROCELLI) Now, you're saying you remember exactly what you did upstairs and downstairs, true?

# 316 A:

For the most part yes.

# 317 MR. BAKER:

Argumentative.

# 318 THE COURT:

Overruled.

# 319 Q:

(BY MR. PETROCELLI) Okay.

Now, you would agree, sir, that you had a physical confrontation with Nicole on the bed, in Michelle's room, however it came about, and whoever was hitting whom, you would agree that that was a physical confrontation, was it not?

# 320 A:

I mean, in that we may have touched, yes, but it wasn't what happened upstairs.

# 321 Q:

What do you mean, "touched?"

# 322 MR. BAKER:

Judge, can we take that off the monitor? We're not asking questions about that.

# 323 (Mr. Foster removed Exhibit 3 from the TV screen.)

# 324 A:

That when I walked toward -- to her, she yelled at me and kind of pushed the phone at me. And I was trying to tell her to stop and talk.

And she jumped over onto the bed, got to the other side of the bed, said some things, started to the foot of the bed, and went out the door, where I think Michelle was.

# 325 Q:

Okay.

So at no time, then, did you tell Dr. Lenore Walker that you were on top of Nicole on the bed, holding her down till she calmed down; she was punching and scratching you; you put her in a head lock; you let her go, and then she ran out?

# 326 A:

That was upstairs.

# 327 Q:

At no time did you tell that -- that that occurred downstairs, true?

# 328 A:

It did.

# 329 Q:

You would agree that you had some type of physical confrontation with Nicole in that bedroom downstairs?

# 330 A:

I wouldn't describe it as that, but we probably touched. But I wouldn't describe it as physical.

# 331 Q:

And your touching was what, trying to grab her?

# 332 A:

Yeah. She had kind of pushed the phone at me, and I was trying to make her be still. And she got on the bed, and got to the other side of the bed, said some things to me. And I think walked -- came to the end of the bedroom, where I guess Michelle was at the door, and they went out the door.

# 333 Q:

So Michelle observed all of this, didn't she?

# 334 A:

I don't know. Michelle was behind me and the door was open, so I'm assuming she was there.

# 335 Q:

She was right there in the room while you were engaged in a physical altercation with Nicole, true?

# 336 A:

I think she was standing right at the door and the door was open, so I can't say if she was actually in the room or standing outside of the room.

# 337 Q:

She was looking at what was happening, true?

# 338 A:

You'd have to ask Michelle.

# 339 MR. BAKER:

Objection.

# 340 Q:

(BY MR. PETROCELLI) True?

# 341 A:

You'd have to ask Michelle.

# 342 Q:

You don't know?

# 343 A:

I don't know.

# 344 Q:

The police came out, right?

# 345 A:

Correct.

# 346 Q:

And you've heard the testimony that Nicole told the officers that you had punched her, and pulled her hair and so forth, right?

# 347 A:

Yes.

# 348 Q:

Okay.

And those were true statements by Nicole, were they not?

# 349 A:

No.

# 350 Q:

And you saw --

By the way, the next day, Nicole had to go to the hospital, St. John's, right?

# 351 A:

Had to go?

# 352 Q:

Went.

# 353 A:

Yeah.

I asked her to go to CNI.

# 354 Q:

I asked you if she went to the hospital.

# 355 A:

Yes. We asked her to go.

# 356 Q:

I didn't ask who asked her; I just asked you if she went.

# 357 A:

Okay. Okay.

# 358 Q:

Okay?

# 359 A:

Yes.

# 360 Q:

Did you go to the hospital, by the way, for any treatment?

# 361 A:

No.

Nicole and I were trying to keep our distance.

# 362 Q:

Did you fall down in the mud and get all muddy and dirty that night?

# 363 A:

No.

# 364 Q:

Were you shaking with fear that night?

# 365 A:

No.

# 366 Q:

Were you injured that night?

# 367 A:

I mean, not really, not what I would call an injury.

# 368 Q:

Did you have marks all over your face?

# 369 A:

No.

# 370 Q:

Did you have bruises under your shoulders?

# 371 A:

No.

# 372 Q:

Now, you're aware Nicole told the doctor at the emergency treatment facility that you hit her face with your fist?

# 373 A:

No.

# 374 Q:

You're aware that that's in the medical record in evidence?

# 375 MR. BAKER:

Objection.

# 376 THE COURT:

Sustained.

# 377 A:

No.

# 378 MR. BAKER:

Move to strike the question and the answer.

# 379 THE COURT:

Stricken.

# 380 Q:

(BY MR. PETROCELLI) Let's go to the one of -- the other -- underneath the shoulders.

# 381 MR. FOSTER:

# 382 MR. PETROCELLI:

Exhibit 9.

# 383 (Mr. Foster displayed Plaintiffs' Exhibit 9 on the TV screen.)

# 384 Q:

(BY MR. PETROCELLI) Was this taken a couple days later, Mr. Simpson?

# 385 A:

I don't know.

# 386 Q:

Now, can you tell us how this severe bruising to the right shoulder occurred?

# 387 A:

Not exactly, no.

# 388 Q:

You don't know?

# 389 A:

I would assume during the course of us being upstairs, or I would assume more, then, maybe when she fell.

# 390 Q:

You did -- but you don't know?

# 391 A:

I don't know exactly. But I would assume when I was being physical with her, it took place.

# 392 Q:

Basically, you're -- when you described this incident, sir, you were at all times trying to restrain Nicole and bring peace to the situation?

# 393 A:

No.

# 394 Q:

You were trying to restrain her, right?

# 395 A:

I was trying to get her out of my room.

# 396 Q:

To stop the fight, right?

# 397 A:

I don't know if that was my thought at the time.

My thought at the time was, I didn't want her in the room, and I physically attempted to get her out of the room.

And I was wrong in doing that.

# 398 Q:

You physically attempted to get her out of the room because she wouldn't leave, right?

# 399 A:

Yes.

# 400 Q:

So, in your mind, you weren't battering her that night, were you?

# 401 A:

At the time, I would have said no but what I know now, I would have said yes.

# 402 Q:

But at that time, 1989, you weren't hitting her or striking her or battering her, true?

# 403 A:

At the time, I was.

# 404 MR. BAKER:

Argumentative.

# 405 THE COURT:

Overruled.

# 406 A:

(Continuing) At the time, I was being wrongly physical with her, and I physically tried to get her out of the room.

And I've also said then and now I was wrong.

KEY QUOTE

# 407 Q:

Mr. Simpson, based on what you testified to, saying you're wrong and you accept all this responsibility, what did you do wrong, sir?

# 408 A:

I physically tried to impose my will on Nicole, and I shouldn't have done it.

KEY QUOTE

# 409 Q:

By trying to get her out of your room?

# 410 A:

Exactly.

# 411 Q:

As she was beating on you?

# 412 A:

No. She jumped on me. At that point, I reacted a way I shouldn't have reacted.

# 413 Q:

She's hitting you and striking you and throwing things, and you tried to get her out of the room, and for that you were wrong?

Is that what you're saying? Yes or no?

# 414 A:

I was wrong for everything that led to this.

I told the investigating officer and everybody I was totally wrong.

# 415 Q:

Would you answer the question?

I just want you to answer my question. Your lawyer can ask you all the questions he wishes when it's his turn.

Can you repeat my question?

# 416 MR. BAKER:

Move to strike the preamble.

# 417 THE COURT:

Overruled.

Answer the question, please.

# 418 O.J. SIMPSON:

What's the question?

# 419 Q:

We'll have it repeated, sir.

# 420 (The reporter read the record as follows: "She's hitting you and striking you and throwing things, and you tried to get her out of the room, and for that you were wrong?")

# 421 O.J. SIMPSON:

How I acted? Yes.

# 422 Q:

(BY MR. PETROCELLI) The answer to the question is yes?

# 423 A:

Yes.

# 424 Q:

Thank you.

Now, after this incident, sir, you wrote this letter to Nicole, did you not?

# 425 A:

Yes.

# 426 Q:

And you apologized profusely and repeatedly to her, true?

# 427 A:

Yes.

# 428 Q:

Okay.

# 429 MR. PETROCELLI:

Could you put on Exhibit 13.

# 430 (Mr. Foster displayed Plaintiffs' Exhibit 13 on the TV screen.)

# 431 MR. PETROCELLI:

Could we have the board? Why don't you get the board.

# 432 (The instrument herein referred to as Copy of a letter from O.J. Simpson to Nicole Brown Simpson was marked for identification as Plaintiffs' Exhibit No. 13.)

# 433 Q:

(BY MR. PETROCELLI) Now, you wrote some letters because you regretted what you had done, true?

# 434 A:

Yes.

# 435 Q:

Okay.

And this is one of the letters where you expressed how wrong you were for hurting Nicole, true?

# 436 A:

Correct.

# 437 Q:

You also said in this letter that you had gone crazy, you got crazy, true?

# 438 A:

Yes.

# 439 Q:

Okay.

And when you said to Nicole in that letter that you got crazy, sir, you were not merely talking about defending yourself, were you?

# 440 A:

No.

# 441 Q:

You were not merely talking about trying to get her out of the room because she was hitting on you, true?

That's not what you meant when you said you got crazy, true?

# 442 A:

I believe that's what it went to, yes.

# 443 Q:

What exhibit is this board?

# 444 A:

13.

# 445 Q:

Excuse me?

# 446 A:

The letter, 13.

# 447 Q:

The letter is Exhibit 13?

# 448 MR. BAKER:

I object to the board. It's argumentative to highlight certain portions of it.

# 449 THE COURT:

Overruled.

# 450 Q:

(BY MR. PETROCELLI) When you said, sir, "thinking and trying to realize how I got so crazy, I had such emotional feeling towards you that were as high and as any I'd ever felt. Must be because of those feelings that I acted -- reacted so emotionally.

When you said those things, you were apologizing to Nicole for hitting her, were you not?

# 451 A:

No, as I said, realizing.

# 452 Q:

Yes or no?

# 453 A:

No.

# 454 Q:

After this incident, you and Nicole had quite a difficult time for a while, true?

Yes or no?

# 455 A:

I think you'd have to define "difficult" for me, please.

# 456 Q:

There was a serious problem in your marriage; and, in fact, you moved out for a while, true?

# 457 A:

Moved out? I'd -- I stayed at a friend's house for two nights. I didn't move any clothes out or anything, but I felt that it was, for us, to what reached a point where we got this physical with one another, that we should do something about it.

# 458 Q:

And you were very concerned, sir, about losing Nicole at that time, were you not?

# 459 A:

I was concerned about losing Nicole at any time, even though there was no indication that -- from either one of us that we would split, but --

# 460 Q:

I'm just asking you about that time.

Were you or were you not concerned about losing Nicole for what you did to her on January 1, 1989?

Yes or no?

# 461 A:

Yeah.

Yes, but --

# 462 Q:

Okay.

# 463 A:

Yes.

# 464 Q:

Thank you.

# 465 MR. PETROCELLI:

Can we have Exhibit 15 on the board, Steve, for a second. The second page, just put it on the TV monitor.

# 466 (The instrument herein referred to as Copy of letter from O.J. Simpson to Nicole Brown Simpson was marked for identification as Plaintiffs' Exhibit No. 15.)

# 467 (Mr. Foster displayed Plaintiffs' Exhibit 15 on the TV screen.)

# 468 Q:

(BY MR. PETROCELLI) You wrote to her, "I love you and losing you is the only thing that matters to me," right?

# 469 A:

Yes.

# 470 Q:

And you were very worried that you would lose Nicole at that point in your life, true?

Yes or no?

# 471 A:

I was worried about losing Nicole at any time, even though --

# 472 Q:

Mr. Simpson, we're not talking about any time; we're talking about when you wrote the letters, sir.

# 473 A:

I didn't want to lose Nicole at any time, including when I wrote this letter.

# 474 MR. PETROCELLI:

Move to strike as nonresponsive, Your Honor.

# 475 THE COURT:

Stricken.

# 476 Q:

(BY MR. PETROCELLI) Please answer the question.

When you wrote that letter after this physical confrontation between Nicole and you, you were very concerned about losing her; yes or no?

# 477 A:

Yes.

# 478 MR. PETROCELLI:

And go to Exhibit 14.

# 479 (The instrument herein referred to as a three-page letter to Nicole Brown Simpson was marked for identification as Plaintiffs' Exhibit No. 14.)

# 480 (Mr. Foster displayed Plaintiffs' Exhibit 14 on the TV screen.)

# 481 Q:

And you tried to make some kind of amends to her, true?

# 482 A:

Yes.

# 483 Q:

Including financial, correct?

# 484 A:

I don't -- I couldn't characterize it as that, and I wouldn't totally characterize it as that, no.

# 485 MR. PETROCELLI:

Get ready on Exhibit 14.

Take it off the screen, then.

# 486 Q:

(BY MR. PETROCELLI) Let -- let me give a little background here.

You and Nicole got married in February 1985, and before you got married, you asked for and received a prenuptial agreement, right?

# 487 A:

Yes.

# 488 Q:

And that prenuptial agreement prevented your previously accumulated wealth from becoming community property of Nicole's and yours, true?

# 489 A:

Partially.

# 490 Q:

And you were worth a lot of money when you got married, right?

# 491 A:

Yes.

# 492 Q:

Under that agreement that you entered into prior to marriage, all the money you had acquired up to that time and all your properties and all your holdings would remain your own and not Nicole's?

# 493 A:

That's correct.

# 494 Q:

Now, when I say "worth a lot of money," by that we're talking millions and millions of dollars?

# 495 A:

I would imagine so.

# 496 Q:

Okay.

So now, after this incident on January 1, 1989, you were so concerned about losing Nicole, and you were so concerned about what you had done, and you agreed to tear that prenuptial agreement up if you ever hit her again, true?

# 497 A:

Not when I made that offer, no.

# 498 Q:

You had your lawyer write up a document that said if I hit you again, I will tear up the prenuptial agreement, true?

# 499 A:

That's right.

# 500 Q:

And you did that in order to make sure that Nicole did not leave you at that time, true?

# 501 A:

Incorrect.

# 502 Q:

And you were also concerned, were you not, sir, about the damage that this incident might have to your public name, reputation, and image, true?

# 503 A:

I think I always would have had those concerns, yes.

# 504 Q:

And you were concerned about it at that time, right?

# 505 A:

I don't think that was a concern at that time.

# 506 Q:

Okay.

Your image has always been important to you, sir, has it not?

# 507 A:

Who I am, yes.

# 508 Q:

And you also have been aware of your image, right?

# 509 A:

Yeah. I always know people like me, yes.

# 510 Q:

You wrote when you first began your football career back in the first book that you authored, "I have been praised, kidded and criticized about being image conscious, and I plead guilty to the charge," true?

# 511 A:

At that time, yes.

# 512 Q:

And you wrote that, quote: "I tried all the images." End of quote. True?

# 513 A:

I don't recall that, no.

# 514 Q:

It's in your book.

# 515 A:

I didn't write the book.

# 516 Q:

You approved the book, right?

# 517 A:

Yes.

# 518 Q:

You wouldn't allow anything in there about you to remain if it were false, would you?

# 519 A:

I think that's a certain license people take when they write books and --

# 520 Q:

You tried --

# 521 A:

-- that was the license that was taken.

# 522 Q:

You tried all the images, did you not?

# 523 A:

No.

# 524 Q:

And did you also write that the ghetto makes you want to hide from your real identity, from cops, from teachers, and even from yourself, and it forces you to build up false images humble, swaggering, casual, or tough in order to handle your enemies and impress your friends. That's what you wrote?

# 525 A:

No, I didn't write that.

# 526 Q:

And that's in your book, true?

# 527 A:

It's in my book, but I didn't write it.

# 528 Q:

Now you disavow that, right?

# 529 A:

I happen to believe a lot of that sentiment, but I didn't write that, no.

# 530 Q:

You agree with it?

# 531 A:

A lot of it, yes.

# 532 Q:

You agreed with it at the time and you agree with it now, true?

# 533 A:

In the ghetto, I agree that you have to at times hide behind a tough exterior. Yes, I do agree with that.

# 534 Q:

Mr. Simpson, you're not saying that you don't agree with what was put in the book under your name or about your -- all about you, first book ever written -- you're not saying that to this jury?

# 535 A:

In general, I okay'd the book.

# 536 Q:

Okay.

# 537 A:

A agree with a lot of the sentiment in the book, but I didn't write those exact words.

# 538 Q:

You didn't take any legal action to prevent this book from being publicly issued?

# 539 A:

No.

# 540 Q:

Or to take it off the market, did you?

# 541 A:

No.

# 542 Q:

Okay.

And by the way, in that book, you also wrote, quote: "I think I lie pretty effectively," did you not?

# 543 A:

No.

# 544 Q:

You are aware that that quotation is attributed to you in your book, are you not?

# 545 A:

Now I am, yes.

# 546 Q:

"Now" means when? Right now, the first time?

# 547 A:

Yeah.

# 548 Q:

You never saw that before?

# 549 A:

Well, I think I read the galley of the book before it went to press in 1969, and I haven't read it since.

# 550 Q:

Page 57, quote:

How can you tell me -- asked -- I'm referring to you -- quote:

"I think I lie pretty effectively." End of quote.

You don't accept that when you lie, you look so serious and intent on what you're saying, it gives you away. When you're saying something and you're laughing, that's the only time I can tell you're telling the truth, and you said I figured that it was something to keep in mind for my acting career, right?

# 551 A:

I don't know, I don't recall saying that, but --

# 552 Q:

You are a pretty effective liar, are you not?

# 553 MR. BAKER:

Object, Your Honor, that's argumentative.

# 554 THE COURT:

Sustained.

# 555 Q:

(BY MR. PETROCELLI) You lied to cover up the 1989 incident with Nicole, true?

# 556 A:

No.

# 557 Q:

You told Roy Firestone on a national television interview on ESPN the following:

Quote: We were both guilty. No one was hurt, it was no big deal, and we both got on with our lives. End of quotes.

You said that on television, did you not?

# 558 A:

Yes.

# 559 Q:

And that was absolutely false, true?

# 560 A:

I disagree with you on that.

# 561 Q:

Did Nicole get hurt?

# 562 A:

She had some bruises.

# 563 Q:

Are you minimizing her injuries now, sir?

# 564 A:

I'm not minimizing my action. But we got on with our lives.

# 565 Q:

I'm talking about your statement no one was hurt, that was --

# 566 A:

Nicole --

# 567 Q:

-- a false statement, true?

# 568 A:

Technically.

# 569 Q:

It was a lie?

# 570 A:

I disagree with you.

# 571 Q:

It was false?

# 572 A:

I disagree with you.

# 573 Q:

It was true?

# 574 A:

I disagree with what you're saying.

# 575 Q:

Was it true or false that no one was hurt? Answer my question.

# 576 A:

Nicole, yes, she was.

# 577 Q:

So Nicole was hurt, right?

# 578 A:

Yes.

# 579 Q:

And you did not tell the truth about it and you attempted to minimize the incident to cover up, true?

# 580 A:

It was a sport show, and yes, I most definitely on this sport show minimized what -- minimized what happened in my personal life, yes.

But not to the police officers, I didn't minimize it.

KEY QUOTE

# 581 MR. PETROCELLI:

Move to strike.

# 582 Q:

(BY MR. PETROCELLI) We're talking about Roy Firestone, okay?

# 583 A:

Okay.

# 584 Q:

And in trying to minimize, you did so in order to try to protect your interest, correct?

# 585 A:

Protect my family first and foremost.

# 586 Q:

And protect you, true?

# 587 A:

I don't know if that's what I was thinking. I just thought it was an inappropriate question on a sport show and I didn't think it was the country's business what took place in my home.

# 588 Q:

So you were not trying to protect and hold up your good name and image, is that what you're telling the jury?

# 589 A:

I've also attempted to protect my family, my name and my image, of course, yes.

# 590 Q:

And you were trying to protect your family, your name and your image in answering those questions, right?

# 591 A:

Correct.

# 592 Q:

And in doing so you were also protecting yourself, correct?

# 593 A:

I'm a part of my family. My name and my family.

# 594 Q:

So you were also -- you don't have any problem with admitting you were trying to protect yourself, right?

# 595 A:

No.

# 596 Q:

You have no problem saying that, do you?

# 597 A:

You're correct.

# 598 Q:

Okay. And when you were trying to protect yourself, and it was necessary to lie, you lied, right?

# 599 A:

I think I may have minimized the situation, as you said, because I didn't think it was a proper forum to be asked that question on national TV.

# 600 Q:

You told another lie, too, you said it was no big deal, true?

# 601 A:

As far as the country was concerned, I thought it was no big deal.

# 602 Q:

Well, it was a big deal to you, wasn't it?

# 603 A:

Certainly was.

# 604 Q:

We'll go to that document. You offered Nicole, tearing up your prenup, that was worth millions of dollars, wasn't it?

# 605 A:

That's absolutely right.

# 606 Q:

It was a big deal to Nicole, right?

# 607 A:

I would think so.

# 608 Q:

And you said she just got some bruises; is that right?

# 609 A:

That's what she got.

# 610 Q:

Not a big deal, some bruises, right?

# 611 A:

To me and to Nicole it was a big deal. To America -- I didn't think it was any of their business. And to me it was no big deal for America to know what happened in my home.

# 612 Q:

Okay. So when you said it was no big deal and we both got on with our lives, what you were saying is it was no big deal to America, that's what you were saying, right?

# 613 A:

That's what I was implying to America, yes.

# 614 Q:

And Nicole was hurt, wasn't she, sir?

# 615 A:

Yes, emotionally she was hurt.

# 616 Q:

And physically?

# 617 A:

And physically she was bruised and hurt, yes.

# 618 Q:

You saw those injuries to her face, right?

# 619 A:

I saw those bruises, yes.

# 620 Q:

More than bruises --

# 621 MR. PETROCELLI:

Good time?

# 622 (Referring to break.)

# 623 THE COURT:

No, I would like you to move on.

# 624 Q:

(BY MR. PETROCELLI) By the way, you offered Nicole that document in February, right?

# 625 A:

Yes.

BY MR. PETROCELLI: Can we see that document.

# 626 Q:

(BY MR. PETROCELLI) She didn't sign it until August, right?

# 627 A:

Yes.

# 628 Q:

Okay. So it took her some 8 months after the incident to agree to sign that document, right?

# 629 A:

Yes.

# 630 Q:

Okay.

# 631 MR. PETROCELLI:

Put it on the Elmo.

# 632 MR. GELBLUM:

813.

# 633 (Exhibit 813 displayed on Elmo.)

# 634 (The instrument herein described as a Document dated 2-3-89 was marked for identification as Plaintiffs' Exhibit No. 813.)

# 635 MR. PETROCELLI:

And can you move this up a little bit, right here.

# 636 MR. GELBLUM:

Done.

# 637 MR. PETROCELLI:

I'm sorry.

# 638 (Counsel moves over.)

# 639 Q:

(BY MR. PETROCELLI) You wrote her, if I ever willfully inflicted -- if I ever willfully inflict physical injury on you hereafter, I hereby agree that the prenuptial agreement between you and me shall be null and void, right?

# 640 A:

Yes.

# 641 Q:

And by the way, that's not your handwriting or your signature, you had your lawyer write that out for you, right?

# 642 A:

Yes.

# 643 Q:

And Nicole signed it 8 months later, correct?

# 644 A:

Yes.

# 645 Q:

Okay.

By the way, you know who Frank Olson is, right?

# 646 A:

Yes.

# 647 Q:

Frank Olson was one of your mentors in the commercial world, right?

# 648 A:

Yes.

# 649 Q:

He's the chairman of Hertz Corporation?

# 650 A:

Yes.

# 651 Q:

And you were Hertz's leading spokesman for many, many years going back to the 70's, right?

# 652 A:

That's correct.

# 653 Q:

And when the '89 incident occurred, you had a conversation with Mr. Olson a day or two later and put Nicole on the phone, correct?

# 654 A:

I don't know if was a day or two later. I certainly had --

# 655 Q:

Couple days?

# 656 A:

-- certainly had a conversation with him after.

# 657 Q:

And you told Nicole -- you told Mr. Olson, sir, that Nicole broke a lamp, you saw what happened and you shoved or pushed her out of the door, the maid saw it, heard the noise, overreacted and called the police, and that was the extent of the incident?

# 658 A:

No, I think both Nicole and I talked to Mr. Olson and I think we possibly told him a little more than that, even though I don't think we went into any long detail about it.

# 659 Q:

You also told Mr. Olson that the only reason charges were being filed is because an assistant district attorney who was involved was president of some association dealing with domestic violence and they were using you as a scapegoat to highlight the problem, true?

# 660 A:

I still believe that, yes.

# 661 Q:

And that's what you told Mr. Olson, right?

# 662 A:

I think that was true.

# 663 Q:

That's what you told him, right?

# 664 A:

Yes.

I know that's true, as a matter of fact.

# 665 Q:

By the way, you also told your good friend and business colleague back east in New York, Louis Mark, the same thing, right?

# 666 A:

I'm sure I -- after it became public, both Nicole and I spoke to both of those individuals.

# 667 Q:

And you told them basically there was -- it was a little shoving incident?

# 668 A:

I don't know what Nicole told them because she talked to them outside of my presence.

# 669 Q:

You told them just a little shoving incident, right?

# 670 A:

Yeah, I told them we had an altercation.

# 671 Q:

No, you didn't say altercation. You told him that you just shoved her out of the room when she broke a lamp, and this's all you said, right?

# 672 A:

I don't know -- I just told them that we had an altercation and there was a problem with LAPD from it, and I just felt that they were people that I was in business with and they should know once Nicole and I realized the media was going to write about it.

# 673 Q:

Bottom line, you didn't tell them the truth, right?

# 674 A:

Bottom line, I don't --

# 675 Q:

Yes or no?

# 676 A:

I think I told them the truth. I didn't tell them in detail but I thought I was very honest with them.

# 677 Q:

Now, this wasn't the only time that there was a physical altercation in your relationship as you indicated, correct?

# 678 A:

Like this, yes, it was.

# 679 Q:

There was a time when you hit Nicole on the side, and she ran to the home of your very close friend in Los Angeles, a man named Wayne Hughes, right?

# 680 A:

No.

# 681 Q:

And she showed Mr. Hughes the bruises and Mr. Hughes came running to your house in his car looking for you and you were gone, true?

# 682 A:

I don't recall this at all.

# 683 Q:

You deny that?

# 684 A:

Yes.

# 685 Q:

Okay.

# 686 A:

I don't deny what Nicole and Wayne may have done. I don't recall it at all.

# 687 Q:

But you deny striking her and causing a bruise on her side?

# 688 A:

Yes.

# 689 Q:

Okay. There was another incident in the 80's when you and Nicole used to take your Chows to a veterinarian, right?

# 690 A:

Yes.

# 691 Q:

And --

# 692 MR. BAKER:

I'll object on remoteness.

# 693 THE COURT:

When was this, Mr. Petrocelli?

# 694 MR. PETROCELLI:

It was in the early 80's, Your Honor.

I don't think any of these are remote under People versus Zack.

# 695 THE COURT:

Okay. Overruled.

# 696 Q:

(BY MR. PETROCELLI) And you had an altercation with Nicole in the parking lot when you slapped her in the face and knocked her glasses off to the ground, true?

# 697 A:

No.

# 698 Q:

And there was another incident in about 1986 or 1987 out near your place in Laguna out on Victoria?

# 699 A:

No. I don't have a place in Laguna.

# 700 Q:

You and Nicole frequented Laguna Beach from time to time?

# 701 A:

Yes, we lived there from time to time.

# 702 Q:

There was a time on the sand when you and she got into an argument and you slapped her and she fell down to her knees?

# 703 A:

Absolutely not.

# 704 Q:

Then there was an incident in the late 80's when you were up there, you were having an argument with Nicole in the back of the limousine and you struck her in the back of the limousine?

# 705 A:

Absolutely not.

# 706 Q:

Speaking of Wayne Hughes, didn't you tell Wayne Hughes after the 1989 incident you caught too much of a backhand in hitting Nicole?

# 707 A:

I don't believe so, no.

# 708 Q:

Now --

# 709 MR. PETROCELLI:

Your Honor, this be a good time?

# 710 THE COURT:

Okay.

Ladies and gentlemen, don't talk about the case, don't form or express any opinions.

10 minutes.

# 711 (Jurors resume their respective seats.)

# 712 THE COURT:

Proceed.

# 713 MR. PETROCELLI:

Thank you.

# 714 Q:

(BY MR. PETROCELLI) In the fall of 1984, there was an incident in which you broke Nicole's windshield with a baseball bat. Do you recall that, sir?

# 715 A:

Yes.

# 716 Q:

And you and Nicole had had an argument, correct?

# 717 A:

Yes.

# 718 Q:

And Nicole was extremely upset and crying after you broke the base -- broke her windshield with the bat, right?

# 719 A:

Upset. Not crying, no.

# 720 Q:

And she then called the Westec folks and they came out to the incident, right?

# 721 A:

Yes.

# 722 Q:

Okay. And you were in a state of rage and you took a baseball bat and you smashed her windshield, right?

# 723 A:

Absolutely not.

# 724 Q:

You testified at your deposition that all you did is you were bouncing the baseball bat against the tire, having an ordinary kind of conversation with Nicole, right?

# 725 MR. BAKER:

I object to this, Your Honor. If he's going to use the deposition he can use page and line numbers.

# 726 MR. PETROCELLI:

Not necessary.

# 727 MR. BAKER:

Not request my client to remember 11 days of deposition.

# 728 THE COURT:

Overruled.

# 729 Q:

(BY MR. PETROCELLI) You testified at your deposition that all you were doing was sitting there talking to Nicole and you're taking the nub of the baseball bat, and just bouncing it against the rubber tire when a couple times it hit the hub cap.

Do you remember that testimony?

# 730 A:

I remember that portion of it. Not quite how you characterize it.

# 731 Q:

And Nicole said to you, don't hit the car with the bat?

# 732 A:

No, she --

# 733 Q:

Remember that?

# 734 A:

She moved my leg and looked at the hub cap and said, you're hitting the hub cap, you're going to pay for that.

# 735 Q:

Yeah, and then your response was, bam, I'll pay for that too, right?

# 736 A:

Yes.

# 737 Q:

Then, you remember testifying that she went in, she pressed a button for Westec, came back out and the two of you just finished talking, you both went in the house?

# 738 A:

Yes.

# 739 Q:

And nothing was the matter, and you were surprised to see Westec even show up, let alone the LA Police Department, correct?

# 740 A:

I think I was surprised to see LA Police Department. When Westec came, I don't know if that was a surprise, but I didn't expect it, I didn't know she had done that.

# 741 Q:

So you -- in your description of this incident, Nicole was not in fear of you at that point in time, correct?

# 742 A:

Definitely not.

# 743 Q:

It was no big deal, right?

# 744 A:

Well, I broke her windshield, but no big deal, no.

# 745 Q:

After the incident, your marriage came to an end a couple of years later, right?

# 746 A:

Three and a half years later, yes.

# 747 Q:

January 6, 1992, you and Nicole split up, right?

# 748 A:

Yes. She asked for a separation at that point.

# 749 Q:

And you were extremely unhappy about losing your wife then?

# 750 A:

Very much so, yes.

# 751 Q:

And you were hurt very badly, right?

# 752 A:

Yes.

# 753 Q:

And you, for several months in fact, tried to convince her to stay in the relationship, correct?

# 754 A:

Yes.

# 755 Q:

And then at some point, I guess May or so, you met a woman named Paula Barbieri and you began dating her and getting on with the rest of your life, right?

# 756 A:

I -- yeah, but I began getting along with the rest of my life after Nicole told me she had found a guy she was interested in.

# 757 Q:

Between January and May of 1992, which is the -- this was the period when you were attempting to resist a divorce, right?

# 758 A:

Correct.

# 759 Q:

And during that period of time, sir, you were going over to Nicole's -- withdrawn.

By this time Nicole had moved out of Rockingham into a rented condominium on Gretna Green, right?

# 760 A:

In February, she found another place to move to.

# 761 Q:

325 South Gretna Green?

# 762 A:

I believe so, yes.

# 763 Q:

She took your two children, Sydney and Justin, with her to live there, right?

# 764 A:

Yes.

# 765 Q:

And you would go over there from time to time uninvited, right?

# 766 A:

Yes. Yes, both ways, she'd come to my house, I'd go to her house.

# 767 Q:

We're only talking about you right now. You would go to her house uninvited?

# 768 A:

Yes.

# 769 Q:

And you would call Nicole's mother, Juditha, incessantly to talk about Nicole, right?

Temperature

tense

Key Quotes (5)

OJ Simpson

How many times did you hit Nicole? Never. How many times did you strike Nicole? Never. How many times did you slap Nicole? Never. How many times did you kick her? Never. How many times did you beat her, sir? Never.

Simpson's categorical denials, delivered under oath, are set up to be destroyed by the photo evidence, medical records, and letters that follow.

OJ Simpson

I physically tried to impose my will on Nicole, and I shouldn't have done it.

The closest Simpson comes to an admission — forced out by Petrocelli after stripping away his 'I feel responsible' non-answers.

OJ Simpson

At the time, I was being wrongly physical with her, and I physically tried to get her out of the room. And I've also said then and now I was wrong.

Simpson contradicts his own categorical denials ('Never') within the same proceeding.

OJ Simpson

It was a sport show, and yes, I most definitely on this sport show minimized what happened in my personal life, yes.

Simpson admits to minimizing the 1989 incident on national television, undercutting his credibility on all prior public statements.

OJ Simpson

I think I lie pretty effectively.

A quote attributed to Simpson in his own published book, introduced by Petrocelli to devastating effect — Simpson's response is that he didn't write it, though he approved the book and never sought to correct or suppress it.

Evidence (9)

Plaintiffs' Exhibit 3

Photographs of Nicole Brown Simpson's facial injuries from the January 1, 1989 incident

displayed on TV screen; Simpson asked to explain how each injury occurred

Plaintiffs' Exhibit 9

Photographs of severe bruising to Nicole's right shoulder, taken days after the 1989 incident

displayed on TV screen; Simpson could not explain how it occurred

Plaintiffs' Exhibit 13

Letter from OJ Simpson to Nicole Brown Simpson apologizing and stating he 'got crazy'

introduced and displayed; Petrocelli read from it to challenge Simpson's account of the 1989 incident

Plaintiffs' Exhibit 14

Three-page letter from OJ Simpson to Nicole Brown Simpson, post-1989 incident

introduced; referenced in context of Simpson making amends including financial

Plaintiffs' Exhibit 15

Letter from OJ Simpson to Nicole: 'I love you and losing you is the only thing that matters to me'

displayed; used to establish Simpson's fear of losing Nicole after the 1989 assault

Plaintiffs' Exhibit 813

Document dated 2-3-89: Simpson's written offer to void the prenuptial agreement if he ever again willfully inflicted physical injury on Nicole

displayed on Elmo; confirmed by Simpson as drafted by his lawyer and signed by Nicole 8 months later

+ 3 more

Notable Exchanges (5)

Daniel Petrocelli•OJ Simpson

Petrocelli reads Simpson's deposition statement 'I remember exactly what I did' then asks him to describe exactly how Nicole's facial injuries occurred — Simpson responds he doesn't know how the injuries happened, contradicting his own deposition. The judge strikes his non-answer and Petrocelli presses him repeatedly.

devastating

Daniel Petrocelli•OJ Simpson

After Simpson repeatedly answers 'I feel totally responsible' instead of describing physical actions, Judge Fujisaki strikes the answer and orders him to answer directly. Simpson's evasion strategy — accepting 'responsibility' without admitting any specific act — is judicially exposed as nonresponsive.

revealing

Daniel Petrocelli•OJ Simpson

Petrocelli confronts Simpson with the 'I think I lie pretty effectively' quote from his own book. Simpson denies writing it but admits he approved the book, never took legal action to suppress it, and agrees with much of the sentiment.

strategic

Daniel Petrocelli•OJ Simpson

Petrocelli methodically walks Simpson through the Roy Firestone ESPN interview admission that 'no one was hurt, it was no big deal,' forcing Simpson to admit this was false, that Nicole was physically hurt, and that he was minimizing to protect his image.

methodical

Daniel Petrocelli•OJ Simpson

Petrocelli introduces the prenuptial agreement modification (Exhibit 813) — Simpson's written promise to void a multimillion-dollar prenup if he ever physically harmed Nicole again — as proof of how serious the 1989 incident was despite Simpson calling it 'no big deal.'

strategic

Credibility Attacks (5)

⚔ OJ Simpson

prior inconsistent statement

Deposition statement 'I remember exactly what I did' contradicted by trial testimony claiming not to know how Nicole's specific injuries occurred

⚔ OJ Simpson

prior inconsistent statement — public record

Roy Firestone ESPN interview ('no one was hurt, it was no big deal') contradicted by photographic evidence of Nicole's injuries and Simpson's own letters expressing remorse

⚔ OJ Simpson

prior inconsistent statement — own writings

Post-incident apology letters (Exhibits 13, 14, 15) and the prenup modification document (Exhibit 813) contradict Simpson's minimizing public statements and his deposition testimony about the severity of the incident

⚔ OJ Simpson

character evidence / own admission

Quote from Simpson's published autobiography — 'I think I lie pretty effectively' — introduced to undercut credibility; Simpson denied writing it but could not disavow the book

⚔ OJ Simpson

contradiction within testimony

Simpson's categorical 'Never' denials of ever hitting, slapping, kicking, or striking Nicole are directly contradicted within the same session when he admits to being 'wrongly physical' and to 'physically trying to impose my will' on her

Witness Demeanor

Consistently evasive — substitutes 'I feel responsible' for factual answers about physical actions

Contradicts himself within the same proceeding (denies hitting Nicole categorically, then admits to being 'wrongly physical')

Shows irritation when Petrocelli cuts off his qualifying statements

Deflects specific questions about Nicole's injuries by claiming he didn't 'see' them happen

Physically demonstrates a fist when describing grabbing Nicole, which Petrocelli immediately notes for the jury

Objections

18 objections (4 sustained, 11 overruled)

Proceeding 8383 • 769 utterances • Defense witness

Civil Trial

Department 103