Thank you, Your Honor, defense counsel, co-plaintiff's counsel, ladies and gentlemen of the jury, good afternoon.
I'm going to start talking late in the afternoon but I hope and expect that I'll be brief. Let me reintroduce myself. My name is Michael Brewer and I represent Sharon Rufo. Sharon is Ron's mother. Now, as Mr. Petrocelli indicated to you during his opening remarks when Ron died, Ron was not married. He did not have any children. And out of a law in California, his heirs are his two parents, Mr. Goldman and Sharon Rufo. And in a case like this, that's a wrongful death case, the heirs are joined together and proceed as the plaintiffs. So you may hear them being referred to during the course of this case as the plaintiffs. That simply means that they are the individuals that have initiated this case. Mr. Simpson is the defendant against whom the case has been initiated. Petrocelli talked to you about the physical evidence that was found at the Bundy and Rockingham crime scene. That included evidence of the gloves, blood drops, shoe prints. He spoke at length about the scientific evidence and I think that the evidence that he described to you undeniably points to the responsibilities of Mr. Simpson. What I'm going to do?
I'm going to object to that argument, Your Honor, him saying what he believes that evidence.
Counsel, this is opening statement and I will ask you to restrict your comments to the opening statements rather than closing argument.
Thank you, Your Honor. Ladies and gentlemen, what I will talk about for the next few moment is a concept called consciousness of guilt. Consciousness of guilt is essentially looking at a person's actions and making some conclusions based upon those actions whether they indicate that that person is acting as an innocent person would act or acting as a guilty person would act. And my comments will relate to specifically to June 17, 1994 where a number of things happened. First, June 17, 1994, was the same date that the Bronco chase occurred. That was an event where Mr. Simpson was traveling down the freeway in a Bronco with his boyhood friend, Mr. A. C. Cowlings. It is also the same day that Mr. Simpson drafted what is being called the so called suicide note that I'm going to read in a little bit and highlight for you. But ultimately, it will either be read to you or you'll have the opportunity to review that note yourself and make some judgments about. That note is exactly what Mr. Simpson's state of mind is and what he's telling us. I'm also going to talk a little bit about what was found in the Bronco when Mr. Simpson was arrested on the 17th and the meaning of those items that were found. Exactly what it did it mean when he was found to have a disguise and a large sum of money and his passport, what implications, what are the reasonable inferences that we can all draw from that information. And I'm going to even title my discussion as it relates to the event of June 17, "Mr. Simpson's flight from justice."
I'm going to object. This is argument, Your Honor. To say what inferences to be drawn at this point in the trial is not appropriate.
In part. That sounds in the nature of an argument Mr. Brewer. You may outline for the jury the course of the evidence you intend to produce and the purpose for which you are producing it. However, to make an argument at this stage would be inappropriate.
Absolutely, Your Honor. Thank you very much. Before I get into the event of June 17 a little more, let me just say a few words about the relationship between Sharon and her son. As you've already heard at the time of Ron's death, he was 25 years of age. He wasn't married. He lived in an apartment in Brentwood. He worked as a waiter in a restaurant and in fact had dreamed some day of opening his own restaurant. For a 25 year old young man, he had gone so far as to actually develop somewhat of a business plan, outlining his hopes and dreams on that business plan. Ron moved to California when he was 18 years of age with his father who had remarried and remained in California up until the time of his death. Sharon remarried after she was divorced with Mr. Goldman and in the late 1980's, moved to a small town outside St. Louis in Missouri. Now, you're going to hear evidence in this case that after Mr. Goldman came to California and Sharon was in Missouri that Sharon did not see Ron Goldman and that's absolutely true. You're also going to hear evidence in this case that the contacts that Sharon had with Ron Goldman after he came to California consisted of phone contacts and sending letters to him and enclosing personal mementos such as photographs. Conversations that they had generally included updating one another with respect to what was going on in each lifetime. Ron told Sharon about his work with United Cerebral Palsy. He described that he had become a proficient tennis player. He described essentially what was going on in his life, his dreams, hopes and expectations in 1990 and 1992. The last contact that Sharon had with Ron, they talked about Ron's hope, dreams and expectations and also Ron was going to appear on a national television program called Studs. He was exited. He wanted to make sure that Sharon had the channel, the date so that she could watch to see him. And at that time, he was doing some modeling and hoping that this may take him in the direction of that type of a career. Now, the evidence in this case will confirm, and you will hear Sharon testify about how she feels about the loss of her son. And it will confirm the death of a child is rarely quantifiable by any measurable standard and that you will have to evaluate her loss because it is just that her loss, and that will be through her testimony, describing how she feels, what her relationship was with her son and the feelings that she has as a result of losing her son. And in order to get to that point, what we first have to establish with you is that Mr. Simpson is legally responsible for the death of Ron Goldman and Nicole Brown Simpson. Now, when Mr. Simpson returned from Chicago to his house at Rockingham, he returned on June 13, 1994. Now at that time, he spent that evening at his home at Rockingham and the following day, at the suggestion of his friend, Mr. Kardashian, who later became his attorney, he spent that evening, which is Tuesday, June 14 through the morning of the 17 at Mr. Kardashian's house. Now Mr. Simpson was joined on the 15th by Paula Barbieri, someone that he had dated. Ms. Barbieri stayed with Mr. Simpson from the 15th to the morning of the 17th. Now, you're going to hear that on the morning of June 17, 1994, Mr. Simpson was advised by his attorney, Mr. Shapiro, Mr. Kardashian that he was going to be arrested and he was going to be arrested for the allegations that he had killed Ron Goldman and Nicole Brown Simpson. At that time, Paula Barbieri returned to Florida at about 8:30 after being so advised that he was going to be arrested by Mr. Kardashian and Mr. Shapiro. Mr. Simpson was further advised that he was to turn himself into the Los Angeles police department at 11 o'clock that morning. Now, it was only after Mr. Simpson was advised that he was going to be arrested and that he had to turn himself in on the 17th that he sat down and began to draft a four page document which has been referred to as his suicide note or letter. This document contained the final touches of his thoughts and really is the best evidence of his feelings and sentiment as of June 17, 1994. At that time, as the evidence will show in this case, Mr. Simpson contemplated two things, both of which we contend the evidence will show, were things to flee from. What he knew was the inevitable arrest, prosecution and perhaps, incarceration for the murders that he committed. The first thing that Mr. Simpson contemplated was actually committing suicide. And in order to do that, he had to have the means by which to accomplish that act. And he did. Mr. Simpson had taken with him from Rockingham, a handgun. And that handgun was with him and Mr. Kardashian house on the morning of the 17th. Mr. Simpson's other choice was to leave the country, to flee. In order to do that, he also needed to -- needed the means by which he could do that. And he had those items with him. He had a passport, he had a disguise which was essentially a goatee and a mustache. And he had a very large sum of money that was found after he was arrested, that between he and Mr. Cowlings, he had in excess of 8,000 dollars. Now, all of this evidence, we contend, will lead to the notion that Mr. Simpson recognizing that he was going to be arrested and prosecuted, was taking measures in order to flee the inevitable. Now, let me talk for a moment about the disguise that was found on Mr. Simpson's person and in his car, in the Bronco when he was arrested. Mr. Simpson testified at his deposition that never in his life has he ever worn a disguise to conceal his identity. Never in his life has he worn a disguise to conceal his identity. At most, he has worn a hat and sunglasses, but not to conceal his identity. There will be witnesses in this case that will tell you that Mr. Simpson loved his celebrate status. He loved to be recognized. He loved the perks associated with being recognized. And that the last thing that he would want to do was to do anything that would conceal his identity as O.J. Simpson. Notwithstanding that evidence, you will find that when he was arrested on the 17, in a piece of luggage that he had with him, he had a disguise that he claims, and will claim during this trial that he purchased because he wanted to wear it to an amusement park so that he would not be recognized because he wanted to go with his children. Now, one of the things that we will show you during the course of this case that relates to this consciousness of guilt is the actual suicide note and its content. We believe the evidence will show that the content of this note establish a man that is riddled with guilt and filled with denial. Let me just read to you a few of the excerpt highlights, a few of the excerpt so that you'll see what I mean. In the suicide note, Mr. Simpson in talking about a 1989 domestic violence incident with his ex-wife Nicole where he beat her he says the following. In connection with that incident, quote, "I took the heat because that is what I was supposed to do," unquote. Now, you're going to see through the evidence, Mr. Simpson doesn't state anything about regrets, sorrow, shame, because he beat his wife. He states denial, denying -- the deniability that he took the heat because that was what he was supposed to do. Also in talking about the 1989 incident and the relationship with his ex-wife, Mr. Simpson's so called suicide note refers to himself.
Your Honor, I'm going to object to his characterization of this note as that, that's argument.
Let's, for the sake of argument, let's call it a document. In this document, that I'm explaining to you, Mr. Simpson refers to himself in connection with talking about this 1989 domestic violence incident wherein he beat his wife. In talking about the relationship, he refers to himself as a battered spouse, as a battered boyfriend. Deniability, denial.
The evidence in this case will show that this document, this so-called suicide note, illustrates that Mr. Simpson is mourning, not the loss of Nicole, but mourning his own predicament. Let me give you a few examples.
I object that -- he can just read the note but examples when he gives a preface is argument.
Well, you may do that but you are arguing rather than stating a purpose for which you are giving it. If you persist in this manner, I am going to terminate it.
Thank you, Your Honor. Mr. Simpson states the following in his note, quote, no matter what the outcome, people will look and point, unquote. He also ends this document, this letter by stating the following, quote, please think of the real O.J. not this lost person. Now, it is our contention through this evidence that this illustrates Mr. Simpson's consciousness.
Mr. Simpson's consciousness of guilt. After Mr. Simpson completed this letter, he handed it to Robert Kardashian. Now at the time, at Mr. Kardashian's house, let me give you a little bit of information about the way the house is laid out. It is upstairs. There is an office which is a working office for Mr. Kardashian who at the time was a lawyer slash business person. Also upstairs was Mr. Kardashian daughter's bedroom which is the bedroom that Mr. Simpson stayed in between the 14 and 17. Again, the 17 being the date that he was arrested. Now, after Mr. Simpson handed Mr. Kardashian this note, Mr. Simpson had a conversation with Mr. Cowlings. This conversation occurred after Mr. Simpson was told that he was going to be arrested and that he had to turn himself in later that morning. In this conversation, it was agreed that Mr. Simpson and Mr. Cowlings would leave Mr. Kardashian's house, and according to Mr. Simpson, that they would go to the -- to Nicole's grave. Now, at this time, Mr. Simpson left with Mr. Cowlings. Mr. Simpson did not tell anyone, including Mr. Shapiro, Mr. Kardashian or anyone else at that home that he was leaving, despite the fact that he knew, number 1, that he was going to be arrested that day and that number 2, that he was supposed to turn himself in later that morning. Now, Mr. Simpson will testify that they went down to Nicole's grave which is south of Laguna Nigel and that at that time they couldn't get into the cemetery because there was a police vehicle blocking the entrance. They therefore sat in Mr. Cowlings vehicle. Mr. Simpson contemplated suicide at that time, but did not obviously follow through with that act. Instead. Shortly after they arrived there Mr. Cowlings and Mr. Simpson turned on the radio and determined for the first time that they were wanted by the police that there is an all point bulletin for the arrest of O.J. Simpson. It was only after Mr. Simpson learned this information that he and Mr. Cowlings headed back north, towards Rockingham where they were eventually identified and then followed by a number of different police vehicles. This has been commonly referred to as the slow speed chase. This is how it came about. When they got back to Rockingham Mr. Simpson was arrested. The bag that he had taken with him in Mr. Cowling's vehicle was seized and it was served. To say a few things about this bag, this bag was what Mr. Simpson will refer to as a grip -- it's a back -- A black luggage bag that he had taken with him when he left his home in Rockingham and went over to Mr. Kardashian's house. Now Mr. Simpson will tell you that when he left that morning, he went back up to the bedroom, Mr. Kardashian daughter's bedroom, grabbed his grip or his piece of luggage, put that in the vehicle of Mr. Cowlings and they headed south to the cemetery where Nicole was buried. When the police searched that bag later in the afternoon, they found the following items: Mr. Simpson's passport; a disguise, it's a beard and the goatee that I told you about; $8700 in cash which was on the person of Mr. Cowlings. That Mr. Simpson had given Mr. Cowlings earlier that day. They also found a set of keys which the police later determined were the keys to Nicole's property. Now, Mr. Simpson has testified in deposition that as of June 12, 1994, he did not have any keys to Nicole's property and that when he was arrested and his luggage was seized on the 17, it was determined that Mr. Simpson did in fact have keys to Nicole's property. And more importantly, as Mr. Petrocelli described to you during his opening remarks, the physical evidence indicated that the killer probably entered and exited through the rear gate. Now, this is a rear gate that requires a key to get in and to get out. The keys that were taken from Mr. Simpson on June 17, 1994 fit that gate. That would have permitted Mr. Simpson and he agrees, to Nicole's property through the rear gate. Now Mr. Simpson will testify that the event that I have described to you on June 17 were due to the pain that he felt and did feel associated with the loss of his ex-wife Nicole. He will also explain to you, his explanation with respect to why he had a passport and goatee, a large sum of money on his person at the time that he was arrested. We believe that the evidence in this case will show that these explanations are not plausible. We believe that the evidence in this case will show that Mr. Simpson, on the 17th, knew and was aware that he was going to be arrested. We believe that the evidence in this case will show that all of Mr. Simpson's actions on June 17 were an attempt to avoid what he knew was going to be the inevitable prosecution and incarceration of him for these murders. We believe in summary that this evidence will show that Mr. Simpson's actions were done in furtherance of his flight and that they were done to avoid what he believed was his public humiliation and stripping of his image. And the evidence that we will offer will be the best evidence of that and that is Mr. Simpson's own words. The words that are contained in this document, the words from Mr. Simpson's own thoughts and own mouth. Finally, ladies and gentlemen, the ultimate conclusion that we expect to draw from the evidence that we will introduce in this case, principally the suicide note, the chase, Mr. Simpson's suicidal actions that day, is take Mr. Simpson was trying to preserve the image of O.J. Simpson, not the person who we now met on June 12, 1994. Because that person, as the evidence will show, is a cold blooded killer who murdered Ron Goldman and Nicole Brown Simpson. Thank you very much, appreciate it.
I took the heat because that is what I was supposed to do
no matter what the outcome, people will look and point
please think of the real O.J. not this lost person
that person, as the evidence will show, is a cold blooded killer who murdered Ron Goldman and Nicole Brown Simpson