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

📄 Redirect examination of O.J. Simpson (part 2) — Monday, November 25, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\25\REDIRECT-EXAMINATION-OF-O-J-SI.DOC

TRIAL

▲ Day 22 of 57

◀ Direct examination of O.J. Simpson (part 2) Sidebar: polygraph evidence ▶

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Defense • Date: Monday, November 25, 1996 • Utterances: 70

Petrocelli cross-examines Simpson about his 'weird thoughts' comment made to detectives Lange and Vannatter shortly after the murders, pressing him on whether those thoughts involved violence by Simpson toward Nicole. Simpson deflects repeatedly, claiming his thoughts were about Nicole hitting his housekeeper Michelle and Nicole's drug use with Faye Resnick. The segment ends explosively when Petrocelli drops that Simpson failed his polygraph with a minus 22 score, prompting Baker to demand a sidebar and call it 'an outrage.'

# 1 Q:

And you didn't have them on in the airplane, did you?

# 2 A:

I believe --

# 3 MR. BAKER:

Asked and answered.

# 4 O.J. SIMPSON:

I changed in the hotel room.

# 5 MR. BAKER:

O.J., asked and answered.

# 6 MR. PETROCELLI:

Excuse me, Your Honor.

# 7 THE COURT:

Overruled.

# 8 O.J. SIMPSON:

As I told you before, I believe I changed at the hotel room.

But I do recall while I was on the plane, that I not only bled on myself, I had a lot of water on myself because I threw up on myself.

# 9 THE COURT:

Did you the get an exhibit number?

# 10 MR. FOSTER:

228.

# 11 MR. PETROCELLI:

228 -- 228 up there on the video.

# 12 Q:

(BY MR. PETROCELLI) You got to Rockingham. You were then taken down to the police station?

# 13 A:

That's correct.

# 14 Q:

And you met at the police station with Detective Lange and Detective Vannatter and you gave a statement, correct?

# 15 A:

That's correct.

# 16 Q:

Okay.

Now, in this statement, in regard to the question of a polygraph test, you told the police that you had some weird thoughts. Remember that?

# 17 A:

That's correct.

# 18 Q:

(BY MR. PETROCELLI) They had asked you about taking a polygraph test and you said, "Wait a minute. I've got some weird thoughts, you know, about Nicole." Do you recall that?

# 19 A:

I think I said, yeah, I've had some pretty weird thoughts, yes.

KEY QUOTE

# 20 Q:

And you were concerned about taking the polygraph test because of those weird thoughts, correct?

# 21 A:

I think my biggest concern was, I was really tired I didn't understand what a polygraph was, and I just wanted to make sure that it focused on what it was, this particular crime, and not on other things that may be in your mind.

# 22 Q:

And those weird thoughts that you had in your mind when they chatted with you about this, had to do with violence towards Nicole, true?

# 23 A:

No, that's not correct.

# 24 Q:

They had to do with violence, true?

# 25 A:

I would think in one instance it was violence that Nicole hit my housekeeper and I wished that my housekeeper would have called the police on her.

Another instance when she was doing drugs with Faye Resnick, they crashed into a car an old man and kid was in, they lied to the police as to who was driving, and I honestly -- and I think I said this to her parents, I honestly wish she would have got caught, and, you know, I just felt the things she was doing in those months leading up to this --

# 26 Q:

Excuse me.

Can you stick with the question?

# 27 A:

That's my answer.

# 28 Q:

Now, when you were asked about the weird thoughts, it is your testimony that you had in mind an act of violence against Nicole, true?

# 29 A:

No, more an act of violence from Nicole hitting my housekeeper, that my housekeeper would have called the police, and on another occasion, as I just explained --

# 30 Q:

Well, let's stick with the housekeeper situation.

# 31 A:

Yes.

# 32 Q:

You had in mind an act of violence involving Nicole, true?

# 33 A:

An act of violence by Nicole.

# 34 Q:

An act of violence by Nicole against your housekeeper of a number of years, a woman named Michelle, right?

# 35 A:

Yes. I mean this was in just --

# 36 Q:

Excuse me.

Just answer the question.

# 37 A:

Yes.

# 38 Q:

And you did not have in mind, sir, any kind of thoughts in your own thinking, about violence by you against Nicole, true?

# 39 A:

That's correct.

# 40 Q:

So you were concerned that you might not pass this polygraph test because this idea of Nicole's striking your housekeeper might somehow enter into your thinking, and for that reason, you might fail the test, true?

# 41 MR. BAKER:

Objection, there's no foundation for that, it's argumentative, Your Honor.

# 42 THE COURT:

Overruled.

# 43 Q:

(BY MR. PETROCELLI) Is that true, sir?

# 44 A:

No.

# 45 Q:

And in fact, what you said at your deposition is that what you were thinking about was Nicole hitting your housekeeper, Michelle?

# 46 A:

Yes.

# 47 Q:

And then you said at page 1023 --

# 48 MR. BAKER:

Line?

# 49 Q:

(BY MR. PETROCELLI) Starting at 1022, line 25, "I kind of at one point" --

# 50 MR. BAKER:

Can you give me a second.

# 51 MR. PETROCELLI:

Yes.

# 52 Q:

(BY MR. PETROCELLI) 1022, line 25.

In talking about this question of weird thoughts that you had about Nicole, you said, "I kind of at one point thought it would have been nice if Michelle, when Nicole punched her, who was my housekeeper, if Michelle would have punched her back."

Do you recall giving that testimony?

# 53 A:

Yeah, part of that. But Michelle would have got beaten up. Michelle couldn't beat up Nicole.

# 54 Q:

Excuse me.

Do you recall giving that testimony?

# 55 A:

Yes.

# 56 Q:

So hours after your wife's murder, when you're questioned about this subject, the thoughts that you had in your mind about Nicole had to do with Nicole hitting your housekeeper and how you hoped that your housekeeper would have punched Nicole back, is that true, sir?

# 57 A:

That's not true.

# 58 Q:

That's what you said sir, correct?

# 59 A:

That's not what I said hours after. I think what my process was is that I had a lot of weird thoughts about those type of things, I wanted to know just how true-blue it was, and eventually I told them I would -- I would do one after I had got some sleep and stuff.

As a matter of fact, that was something that they were concerned about too.

# 60 Q:

And you did take the test, and you failed it, didn't you?

# 61 MR. BAKER:

Objection.

# 62 A:

That's not correct.

# 63 Q:

(BY MR. PETROCELLI) You failed it, true?

# 64 A:

No.

# 65 MR. BAKER:

Objection.

# 66 A:

That's not correct.

# 67 Q:

You got a minus 22?

# 68 MR. BAKER:

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

# 69 MR. PETROCELLI:

Your Honor --

# 70 MR. BAKER:

I want to approach.

This is an outrage.

Temperature

tense

Key Quotes (5)

O.J. Simpson

I think I said, yeah, I've had some pretty weird thoughts, yes.

Simpson confirms he used the 'weird thoughts' language with police, giving Petrocelli his foothold for the entire line of questioning.

O.J. Simpson

I kind of at one point thought it would have been nice if Michelle, when Nicole punched her, who was my housekeeper, if Michelle would have punched her back.

Simpson's own deposition testimony — read back to him — reveals he was thinking about retaliatory violence against Nicole hours after her murder.

O.J. Simpson

I not only bled on myself, I had a lot of water on myself because I threw up on myself.

Volunteered detail about bleeding on the plane, offered in the context of explaining a clothing change — potentially damaging given the blood evidence focus.

Robert Baker

I want to approach. This is an outrage.

Baker's dramatic reaction to the polygraph score being raised signals how seriously the defense viewed this line of attack.

Daniel Petrocelli

You got a minus 22?

The specific failing score, introduced as the proceeding cuts off — a cliffhanger moment designed to plant the number with the jury.

Evidence (3)

228

Video exhibit, context unclear from transcript excerpt

assigned exhibit number, displayed

Informal

Simpson's deposition testimony, pages 1022-1023, regarding 'weird thoughts' about Nicole

read back to impeach trial testimony

Informal

Polygraph test result, score of minus 22

introduced by Petrocelli, immediately objected to by Baker

Notable Exchanges (2)

Daniel Petrocelli•O.J. Simpson

Extended back-and-forth over the 'weird thoughts' — Petrocelli tries to pin Simpson to thoughts of violence against Nicole, while Simpson repeatedly reframes it as Nicole committing violence against his housekeeper. Simpson keeps elaborating beyond the question; Petrocelli repeatedly cuts him off with 'excuse me, just answer the question.'

strategic

Daniel Petrocelli•O.J. Simpson•Robert Baker

Petrocelli suddenly asks whether Simpson failed the polygraph and got a minus 22. Simpson denies it twice, Baker objects twice and demands to approach, calling it 'an outrage.' The proceeding cuts off mid-objection.

explosive

Credibility Attacks (2)

⚔ O.J. Simpson

prior inconsistent statement

Petrocelli reads Simpson's deposition at pages 1022-23, where Simpson described wishing his housekeeper would have 'punched [Nicole] back,' then contrasts it with Simpson's trial testimony minimizing the violent content of his 'weird thoughts.'

⚔ O.J. Simpson

prior inconsistent statement / character

Petrocelli introduces the polygraph test result (minus 22) to imply consciousness of guilt, directly contradicting Simpson's implicit suggestion that he had nothing to hide.

Objections

5 objections (0 sustained, 2 overruled)

Proceeding 8403 • 70 utterances • Defense witness

Civil Trial

Department 103