📄 Direct examination of O.J. Simpson (part 1) — Tuesday, November 26, 1996
Address:
C:\DEPT103\CIVIL\1996\NOV\26\DIRECT-EXAMINATION-OF-O-J-SIMP.DOC
TRIAL
▲ Day 23 of 57

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

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Defense • Date: Tuesday, November 26, 1996 • Utterances: 247
Mr. Brewer examines O.J. Simpson about his flight to Chicago on the night of June 12, pressing him on his failure to contact Kato, Arnelle, or police about the noises at Rockingham. The examination then shifts to the 'suicide note' (Exhibit 761), focusing on Simpson's claim to being a 'battered husband' and his state of mind on June 17. Brewer closes by confronting Simpson with the note's silence about finding the real killer and directly asking whether the 'lost person' he referred to was a double murderer.
1 O.J. SIMPSON:

Yes, sir.

2 MR. PETROCELLI:

Your Honor, I'd like to read into the record and move to into evidence, the exhibits I referred to in my examination.

They're all by reference to the joint trial statement.

Exhibits 783, 13, 15, 14, 813, 1161, 735, 811, 17, 812, 2216, 195, 2217, 760, 761, 434, 782, 228, 225, 2218, 2219, 2220, and 2221.

Thank you.

3 MR. BAKER:

I just reserve again, Your Honor.

4 THE COURT:

Yes.

5 (The instruments previously marked as Plaintiffs' Exhibits 783, 13, 15, 14, 813, 1161, 735, 811, 17, 812, 2216, 195, 2217, 760, 761, 434, 782, 228, 225, 2218, 2219, 2220, and 2221, were received in evidence.)
6 THE CLERK:

You are still under oath.

Would you please state your name again for the record.

7 O.J. SIMPSON:

Orenthal James Simpson.

ORENTHAL JAMES SIMPSON, the witness on the stand at the time of the adjournment of Monday, November 25, 1996, having been previously duly sworn, was examined further as follows:

8 THE COURT:

Mr. Simpson, would you draw the microphone a little bit closer to you; you don't have to breathe into it; but just bring it closer to you.

Thank you.

FURTHER DIRECT EXAMINATION BY MR. BREWER:

9 Q:

Morning.

Morning, ladies and gentlemen.

10 JURORS:

Morning.

11 Q:

(BY MR. BREWER) Mr. Simpson, you left Los Angeles and got on a flight headed back to Chicago on the evening of June 12, true?

12 A:

Yes.

13 Q:

And during that flight, you were in first class, right?

14 A:

Yes.

15 Q:

And the seat that you were in, there wasn't anyone seated in the seat next to you, true?

16 MR. BAKER:

Asked and answered.

17 THE COURT:

Overruled.

18 A:

Yes.

19 Q:

(BY MR. BREWER) Okay.

And during the course of that flight, Mr. Simpson, once it took off and was in the air, you didn't speak to anyone else on that flight, true?

20 A:

Not true.

21 Q:

Okay.

Who did you speak with?

22 A:

What do you mean, during the flight?

23 Q:

Yeah. When you took off and you were in the air, you indicated that you spoke with someone. Who did you speak with?

24 A:

The captain.

25 Q:

Other than the captain, did you speak with anyone else?

26 A:

Maybe a stewardess.

27 Q:

Okay.

Other than personnel that worked on the plane, you didn't speak with anyone else, true?

28 A:

True.

29 Q:

And during that flight, there was a partner of a good friend of yours that was seated in first class with you, true?

30 A:

Correct.

31 Q:

Now, once the plane took off, the overhead lights in the first class cabin went off, true?

32 A:

We were possibly in the air 40 minutes or an hour and they went off.

33 Q:

They were dark during the entire flight until you came close to landing, beginning your descent; is that also true, sir?

34 A:

That's true.

35 Q:

You had had a very active day. You played golf, true?

36 A:

True.

37 Q:

You woke up early in the morning, right?

38 A:

That's correct.

39 Q:

And just before leaving, you were laying on your bed, fighting the urge to go to sleep, because you wanted to, obviously, sleep on the plane, right?

40 A:

That's correct.

41 Q:

And while you were on this plane, headed back to Chicago at night, you didn't sleep at all, did you?

42 A:

I think I dozed a little bit from time to time, 'cause I was reading, and I put the book down and dozed. I'd read, put the book down, and dozed or gone to the restroom or something.

43 Q:

You don't recall sleeping for an extended period of time, an hour, two, three hours on this flight, true?

44 A:

Certainly not three hours.

You know, it's hard to tell -- when you're flying, it's hard to tell. I may have dozed off for an hour at one point. It's just hard to tell.

45 Q:

At no time during this flight did you ever contact Kato Kaelin to find out whether he had found out any further information concerning the noises he heard that evening, true?

46 A:

That's correct.

47 Q:

And at no time during that flight did you ever contact your daughter, Arnelle, who lived with you, to find out whether she knew anything about the noises, true?

48 A:

I wasn't concerned about it; that's true.

KEY QUOTE
49 Q:

You were not concerned about your daughter's safety?

50 A:

No, I was not concerned about what Kato claimed he heard.

51 Q:

And the answer to my question is, you did not contact Arnelle at any time during that flight, true?

52 A:

That's correct.

53 Q:

You didn't contact Westec during that flight to have them come over and investigate any of those noises, true?

54 A:

That's correct.

55 Q:

And you did not contact the police department, as well, true?

56 A:

That's correct.

57 Q:

And during the course of that flight, Mr. Simpson, you used the restroom on at least five occasions, true?

58 A:

I doubt it, but three or four, for sure.

59 Q:

You're not certain you didn't use it on at least five occasions?

60 A:

I would say three or four times.

I tend to, you know, I tend to drink a lot of water on flights -- it's something that I state in my video -- and consequently, go to the bathroom.

61 Q:

How would I know, Mr. Simpson?

62 A:

I'm sure you interviewed -- I mean, I'm sure you looked at the testimony of other -- of the video that I did for Playboy, where I state that in the video.

63 Q:

So we're to accept what you say in a video as gospel truth in this courtroom?

64 MR. BAKER:

I object. That's argument.

65 THE COURT:

Sustained.

66 Q:

(BY MR. BREWER) Mr. Simpson, when you went into the restroom during the flight back to Chicago, when you closed the door, lights go on; is that correct?

67 A:

That's correct.

68 Q:

Very small, confined area?

69 A:

That's correct.

70 Q:

Okay.

And you would have had at least four occasions in that restroom to make observations relative to any cuts on your hand, wouldn't you?

71 A:

Possibly.

72 Q:

I mean, small, confined area, brightly lit, true?

73 A:

Yeah.

When I said possibly, still, it's -- possibly it was four times. But I would have assumed if I saw any cuts or anything, I would have -- may have noticed it.

74 Q:

Okay.

And on any of those occasions, you never observed any cuts on any portion of your hand, true?

75 A:

That's correct.

76 Q:

Left or right, right?

77 A:

That's correct.

78 Q:

So there was absolutely no question in your mind when you got to Chicago that you didn't have any cuts on your left middle finger; is that true?

79 A:

Well, it was not anything I had on my mind when I got to Chicago.

KEY QUOTE
80 Q:

You didn't see anything on the plane that led you to believe that you had a cut on your left middle finger; is that what you're saying?

81 A:

That's correct.

82 Q:

Okay.

So you were absolutely certain when you were in Chicago, that the cut that you received in connection with that glass was the first cut to that left middle finger; that true?

83 A:

For the most part, yes.

84 Q:

That was the information you had on June 13, when you spoke with Detectives Lange and Vannatter true?

85 A:

That's correct.

86 Q:

It was on that occasion that you told them that you cut it the night before.

87 MR. BAKER:

Object. This has all been asked and answered.

88 THE COURT:

Sustained

89 Q:

(BY MR. BREWER) Now, Mr. Simpson, in connection with Paula Barbieri, you had mentioned on Friday and on Monday, that there were messages that she left you that you never received, but messages that you left her, true?

90 A:

Yes.

91 Q:

And after you returned on the 13th, the last time that you saw Ms. Barbieri was the morning of the 17th, when she left and went back to Florida; is that correct?

92 A:

I'm sorry; what date are we on, now?

93 Q:

We're on the morning of the 17th.

94 A:

Yes, I saw her when she was heading back to Florida.

95 Q:

Okay.

And then the next time that you saw her after that, you would have been in jail or incarcerated?

96 A:

That's correct.

97 Q:

And during that time period when you were in jail, she came to visit you, true?

98 A:

Correct.

99 Q:

And in connection with one of her visits, the subject matter of messages came up, correct?

100 A:

That's correct.

101 Q:

And during that conversation, you asked her whether she had a message that she had left -- You had left her, true?

102 A:

I don't know if I asked her or if it was a subject that the lawyers or someone was asking, but somehow it came up, yes.

103 Q:

And you asked her to check to see whether those messages were still on her tape machine, didn't you?

104 A:

I don't recall.

105 Q:

Certain of that?

106 A:

Certain of that.

107 Q:

And you asked her to see if she could retrieve the tape and bring it to you or to your lawyer, didn't you?

108 A:

I don't recall doing that. But that would have been something that I would have done.

109 Q:

To ask her to retrieve the messages you left her?

110 A:

I would have, at that point in time -- I don't know at what point in time this came up. It would could have been a month or two after. I would have tried -- if it was a subject that was being discussed, I would have tried to get as much information as I can get from anybody and tell them to bring it to the lawyers.

111 Q:

And the reason why you were asking questions about messages you left on her machine is, you knew that was important to retrieve that message, right?

112 A:

No, sir, not necessarily.

I don't know if I asked her to get a message from her machine. I think the subject matter her and I had was that she was upset with me.

113 Q:

How many times during the course of your incarceration did the subject matter of messages come up between you and Ms. Barbieri?

114 A:

That may have been the only time.

115 Q:

And was that when she was physically at your cell or the place of incarceration --

116 A:

Yes --

117 Q:

-- or was that over the phone?

118 A:

-- I believe it was. I'm not sure. I'm pretty sure it was at one of her visits, and we were just talking about general stuff.

119 Q:

You ever ask her to get rid of the tapes, Mr. Simpson?

120 A:

No.

121 Q:

Certain of that?

122 A:

Yes.

123 Q:

You see on the monitor what's been marked and actually admitted into evidence as Exhibit 761, and it's entitled, To Whom it May Concern.

124 A:

Yes.

125 Q:

That's a letter that you wrote, or a note that you wrote on June 17; is that correct?

126 A:

Yes.

127 (The instrument herein referred to as Handwritten note dated June 15, 1994 by O.J. Simpson was marked for identification as Plaintiffs' Exhibit No. 761.)
128 Q:

(BY MR. BREWER) You see in the upper right-hand corner, June 15, 1994?

129 A:

Yes.

130 Q:

That's not the date that you wrote this note?

131 A:

That's correct.

132 Q:

And, in fact, the first time that you ever put pen to paper in connection with this note was on the morning of June 17, 1994, true?

133 A:

That's correct.

134 Q:

And it was only after you were told that you were going to be arrested that you first put pen to paper to write this note, true?

135 A:

I believe so, yes.

136 Q:

And it was only after that you had learned evidence that linked you to these murders, that you put pen to paper on June 17 and wrote this note, true, sir?

137 A:

I don't know about that. I just know that they were going to arrest me.

138 Q:

Well, Mr. Simpson, you knew by June 17 that your blood was found at Rockingham and Bundy, didn't you, sir.

139 A:

I don't think that there was much talk about that --

140 MR. BAKER:

Asked and answered.

141 THE COURT:

Overruled.

142 A:

I don't think there was that much talk about that. All I know is that they were going to arrest me.

143 Q:

Well, you knew they were going to arrest you in connection with a double murder, right?

144 A:

Yes.

145 Q:

And you decided at that point, to draft this note, this letter, true?

146 A:

That's correct.

147 Q:

And after it was completed, you gave it to Robert Kardashian to read, telling him that he would know when to read it, right?

148 A:

I believe I gave it to AC.

149 Q:

Okay.

And you told AC that he would know when to read it or when it should be read?

150 A:

I don't believe so. I think I just gave it to him.

151 Q:

Well, you knew, sir, that this letter was going to be read in the event of your death, didn't you?

152 A:

I would have assumed so, yes.

153 Q:

That was your intention, wasn't it?

154 A:

That's correct.

155 Q:

That's why you made references, asking the press to leave you alone, leave your family alone, right?

156 A:

Yes.

157 Q:

Okay.

And in connection with drafting this, sir, on the first page --

158 MR. BREWER:

Steve, if you could scroll down to the bottom -- see about where it says "unlike" -- what's been unlike -- what's been in the press --

159 Q:

(BY MR. BREWER) See that reference there, sir?

160 A:

Yes.

161 Q:

"Nicole and I had a great relationship for most of our lives together."

All long-term relationships, we had a --

Like all long-term relationships, we had a few downs and ups. I took the heat for New Years 1989 because that was what I was supposed to do. I did not plea nolo for any other reason but to protect our privacy, and was advised that it would end the press hype.

Did I read that correctly, sir?

162 A:

Yes.

163 Q:

Did you write that?

164 A:

Yes.

165 Q:

You told this jury, Mr. Simpson, on at least 15 occasions, that you take full responsibility for the injuries that you caused to Nicole Brown Simpson in connection with the New Year's Day incident in 1989, haven't you?

166 A:

I take total and full responsibility for my actions that night, yes.

167 Q:

And you also took full responsibility for your actions and the consequences of your actions at the time that you drafted this note, didn't you?

168 A:

That's absolutely correct. For my actions. That's absolutely correct.

169 Q:

And when you say in this note that you "took the heat because it was what I was supposed to do," you're intending to imply to the public, to your supporters, that you are taking full responsibility for the injuries that you caused in 1989; is that what you're saying?

170 A:

I think that's in part.

I think the total intent was, Nicole was not going to testify.

Nicole, as you may have seen on national TV from her mother, stated she was just as much at fault and she started the fight.

I didn't think that Nicole and I should be in a courtroom trying to explain to the public, in essence, what took place that night. So I took full responsibility and pleaded no contest.

171 Q:

Um-hum.

These are your very last thoughts and impressions before you anticipated taking your life, right, Mr. Simpson?

172 A:

Yes.

173 Q:

And one of the last things that you wanted people to know was that you were a battered husband and boyfriend, right?

174 A:

I think whatever I was feeling at the time had a lot to do with what was happening that week, and I -- I was obviously pretty distraught, and when I was writing the letter, that's how I was feeling.

175 Q:

You referred to yourself in this letter as a battered husband and battered boyfriend; is that true?

176 A:

I think at times I felt that way, yes.

177 Q:

And, Mr. Simpson, in this scenario, who's the batterer?

Who battered you, sir?

178 A:

Excuse me?

179 Q:

Who battered you?

180 MR. BAKER:

Your Honor, I'm going to object.

181 THE COURT:

Sustained.

182 Q:

(BY MR. BREWER) Well, sir, when you said that you were a battered husband, you intended to imply that somebody battered you, true?

183 A:

Yes.

184 Q:

Who battered you?

185 A:

I felt -- I meant to convey that at times I felt battered.

And from what Nicole and I went through in therapy, I think we both came to the conclusion that we were abusive to one another at times in our relationship. Sometimes it was probably more verbal than physical.

KEY QUOTE
186 Q:

Was it your belief, Mr. Simpson, that in 1994, when you smashed the windshield of her vehicle, that you were a battered boyfriend at that time?

187 MR. BAKER:

Object.

188 A:

No.

189 MR. BAKER:

Argumentative. Asked and answered.

190 THE COURT:

Sustained.

191 Q:

Sir, can you identify any specific incidents that you believe resulted in your being battered by Nicole?

192 A:

Times when she hit me?

193 Q:

Yeah.

194 A:

Yes. There was -- a -- numerous times after that, and I kept a log of it.

195 Q:

In 1989, did you consider yourself to be a battered husband as a result of that incident?

196 A:

I felt -- I think Nicole admitted -- her mother said on national TV -- she admitted to her and Cora Fischman, that the physical side of it was initiated by Nicole.

I felt that I should have still reacted differently than I reacted. I think my reactions were inappropriate. I think I should have just left, but I didn't, and I was wrong for the way I reacted, yes.

197 Q:

And one of the incidents that you're referring to in this note where you talk about yourself being a battered husband, is the 1989 incident, right?

198 A:

When I talk about myself, at times I felt like a battered husband, yes.

199 Q:

And you're referring to the 1989 incident, just so we're perfectly clear?

200 A:

No, I wasn't. I was referring to a couple of incidents after 1989.

201 Q:

You're not referring to the 1989 incident when you talk about yourself, in this note, as being a battered husband; is that what you're now saying?

202 A:

In general, that may have been also there, but I don't think I specifically tried to break it down to any specific incident.

The way I was feeling at the time was, I think, a little put upon by what was happening that week, and I think in general, that's how I was feeling. And that's what I --

203 Q:

Well, sir, how about right now?

Tell this jury in 1989, as a result of that incident, were you battered?

204 A:

In 1989?

205 MR. BAKER:

I object. Objection. Asked and answered. Argumentative.

206 MR. BREWER:

Has that been asked and answered?

207 THE COURT:

Sustained.

208 MR. BREWER:

On what ground?

209 THE COURT:

I think that's an irrelevant question.

210 Q:

(BY MR. BREWER) Okay.

Mr. Simpson, in connection with the 1993 incident where Nicole contacted 911 to have you removed from Gretna Green, did you consider yourself -- were you battered in that incident?

211 A:

No.

212 Q:

You, yourself indicated --

213 MR. BREWER:

And Steve, if you can go to page 4 of the note.

214 (Mr. Foster complies.)
215 Q:

(BY MR. BREWER) You state, Mr. Simpson, about midway down through the first paragraph,

"All of her friends will confirm that I've been totally loving and understanding of what she's been going through."

You see that reference?

216 A:

Yes.

217 Q:

Mr. Simpson, in June of 1994, you believe Nicole Brown Simpson was afraid of you, afraid for her own physical safety?

218 A:

No.

219 Q:

And do you believe that her friends, her close friends, shared that view?

220 A:

I'm sorry? Shared what view?

221 Q:

That she was not afraid of you, not afraid for her own physical safety as of June of 1994?

222 MR. BAKER:

Objection. Relevance.

223 A:

I don't know.

224 THE COURT:

Objection sustained. The state of mind of others is irrelevant.

225 Q:

(BY MR. BREWER) If Cora Fischman testified at her deposition that Nicole Brown Simpson had told her --

226 MR. BAKER:

I'm going to object to this. This is an improper way to get --

227 THE COURT:

Sustained.

228 Q:

(BY MR. BREWER) Mr. Simpson, you also refer to yourself in this note as "a lost person." And in connection with that statement, you say,

"Ask people to remember the real O.J. not this lost person."

Do you recall writing that, sir?

229 A:

Yes.

230 Q:

And that was a reflection of your state of mind at the time; is that true?

231 A:

That's correct.

232 Q:

Okay.

Now, Mr. Simpson, who is the real O.J. that you were talking about?

233 A:

I like to think I was a guy that everyone who had a problem, my friends, including Nicole, when we were together and when we were divorced, when she had real serious issues and problems, that I was the person that they could come to.

I like to think I treated everybody the way I -- my basic philosophy in life was to do unto others. I think in just about every case, I treated everybody the way I wanted to be treated.

The general public, I always had time for people. I was involved in charities. Nicole's family and friends, when they had problems, they came to me. And I'd like to think I was a good friend to all of them.

234 Q:

And, Mr. Simpson, this lost person that you referred to, that's a double murderer, isn't it?

235 A:

No.

236 Q:

That's the person who, on June 12, took the lives of two young people?

237 A:

That's incorrect.

238 Q:

Mr. Simpson, this letter makes no mention of outrage or spite about the person that you believe was responsible for the death of Nicole, does it?

239 A:

I don't believe so.

240 Q:

You don't say one word about it, do you?

241 A:

I don't know who is responsible for it.

242 Q:

In fact, you didn't believe it was you, did you?

243 A:

I knew it wasn't me.

KEY QUOTE
244 Q:

And knowing that it's not you, as you've testified yesterday, you have no explanation for any of the evidence, is that true?

245 MR. BAKER:

Objection. Asked and answered.

246 THE COURT:

Sustained.

247 MR. BREWER:

I have nothing further. Thank you.

FURTHER DIRECT EXAMINATION BY MR. KELLY:

Temperature

tense

Key Quotes (5)

O.J. Simpson
I wasn't concerned about it; that's true.
Simpson admits he felt no concern about the noises Kato reported — used to undercut any claim of innocent unawareness on the night of the murders.
O.J. Simpson
I felt -- I meant to convey that at times I felt battered. And from what Nicole and I went through in therapy, I think we both came to the conclusion that we were abusive to one another at times in our relationship. Sometimes it was probably more verbal than physical.
Simpson attempts to reframe his 'battered husband' language from the suicide note as mutual emotional abuse, undermining the note's more pointed implication.
Michael Brewer
And this lost person that you referred to, that's a double murderer, isn't it?
The rhetorical climax of the examination — directly equating Simpson's own self-description with the murderer's identity.
O.J. Simpson
I knew it wasn't me.
Simpson's flat denial in response to the closing charge, delivered after acknowledging he had no explanation for the physical evidence.
O.J. Simpson
It was not anything I had on my mind when I got to Chicago.
Simpson admits the cut on his left middle finger — central to the blood evidence — was not something he was thinking about, undercutting his earlier testimony about noticing no cuts.

Evidence (3)

Plaintiffs' Exhibit 761
Handwritten note by O.J. Simpson dated 'June 15, 1994' but actually written June 17, 1994 — the 'suicide note' / 'To Whom It May Concern' letter
Read into record, key passages quoted and examined at length
Plaintiffs' Exhibits 783, 13, 15, 14, 813, 1161, 735, 811, 17, 812, 2216, 195, 2217, 760, 761, 434, 782, 228, 225, 2218, 2219, 2220, 2221
Batch of exhibits referred to during Petrocelli's prior examination, moved into evidence at the start of this session
Admitted into evidence
Informal
Playboy video in which Simpson states he drinks a lot of water on flights — referenced informally by Simpson to explain his bathroom frequency
Referenced by witness; Brewer's sarcastic follow-up sustained as argumentative

Notable Exchanges (4)

Michael BrewerO.J. Simpson
Brewer methodically establishes that Simpson — who claimed not to know about cuts on his hand — visited the bright, confined airplane restroom at least 3-4 times on the flight to Chicago and made no observation of any cuts, then pivots to establish he told Lange and Vannatter the Chicago hotel cut was the first cut.
strategic
Michael BrewerO.J. Simpson
Extended confrontation over the 'battered husband' language in the suicide note. Brewer presses Simpson to name who battered him; Simpson deflects by citing mutual abuse in therapy and Nicole's mother's TV statement. Baker objects repeatedly.
heated
Michael BrewerO.J. Simpson
Brewer points out the suicide note contains no outrage about finding the real killer, and closes by asking whether the 'lost person' Simpson described was the double murderer. Simpson says 'No.' Brewer rests.
devastating
Michael BrewerO.J. Simpson
Brewer asks whether Simpson contacted Paula Barbieri in jail and asked her to retrieve — or destroy — voicemail tapes. Simpson denies asking her to destroy them but acknowledges it would have been natural to ask for retrieval.
revealing

Light Moments (1)

Michael Brewer
Simpson, explaining why he knew Brewer might ask about bathroom trips, says the answer is in his Playboy video. Brewer responds: 'So we're to accept what you say in a video as gospel truth in this courtroom?' Baker objects; sustained.

Credibility Attacks (4)

⚔ O.J. Simpson
prior inconsistent statement / omission
Brewer establishes Simpson visited the plane restroom 3-4 times in bright, confined conditions yet claims he noticed no cuts — used to undermine his testimony that the Chicago hotel cut was his first.
⚔ O.J. Simpson
prior inconsistent statement
Simpson's suicide note refers to himself as a 'battered husband,' which Brewer uses to contradict his trial testimony that he takes full responsibility for the 1989 injuries to Nicole.
⚔ O.J. Simpson
omission / consciousness of guilt
Brewer highlights that the suicide note — Simpson's final words before anticipated death — contains no mention of anger at the real killer or desire to find them, and no contact was made with Kato, Arnelle, Westec, or police about the noises before leaving for Chicago.
⚔ O.J. Simpson
prior inconsistent statement
The suicide note is dated 'June 15' in Simpson's own hand, but Simpson admits it was written June 17 — after learning he would be arrested.

Objections

10 objections (8 sustained, 2 overruled)
Proceeding 8410 • 247 utterances • Defense witness
Civil Trial
Department 103
⚖️ Start
📂 NOV 26, 1996 📄 Direct examination of O.J. Sim
NOV 26, 1996 KRT DvH TD