📄 Opening statement — Plaintiff's counsel (part 2) — Wednesday, October 23, 1996
Address:
C:\DEPT103\CIVIL\1996\OCT\23\OPENING-STATEMENT-PLAINTIFF-S-.DOC
TRIAL
▲ Day 1 of 57

Opening statement — Plaintiff's counsel (part 2)

Date: Wednesday, October 23, 1996 • Utterances: 2
Petrocelli continues his opening statement, methodically laying out the physical evidence the prosecution intends to present: hair and fiber analysis linking Simpson to the crime scene via FBI expert Douglas Deedrick, glove evidence tracing the Aris leather gloves to a purchase Nicole made at Bloomingdale's, and shoe print evidence identifying Bruno Magli Lorenzo-style size 12 shoes as the source of bloody prints at Bundy. The segment culminates in a devastating contradiction: Simpson denied ever owning Bruno Magli shoes at his February 1996 deposition, but a September 1993 photograph authenticated by an FBI expert shows him wearing exactly those shoes — and he cannot produce either the shoes or the gloves.
1 (The following proceedings were resumed in open Court in the presence of the jury.)
2 MR. PETROCELLI:

Just to conclude this point, then I'm going to move on to a different topic. The evidence that we will present through the physical evidence at the crime scene through the testimony regarding the wound delivered to the victims, through the testimony of Dr. Spitz is that Ron and Nicole struggled briefly and died quickly and that there was more than ample time for Mr. Simpson to leave there 10:35, 10:40 and even as late as 10:45 to get back to Rockingham by 10:50. Now, with respect to the specific evidence that was found at Bundy, starting with the hair evidence, we will call to the stand a man named Douglas Deedrick who's an agent with the FBI and he works in the laboratory that deals with hair and fiber's. He examined the hair and fiber evidence that was found in this case. Starting with the hat, the knit cap found at Bundy, Mr. Deedrick will testify. What Mr.` Deedrick did is he examined that hat, the hair, the hair found in that hat and he examined some samples of Mr. Simpson's hair provided by Mr. Simpson and he compared them. And Mr. Deedrick will testify that there was in effect, a match between the two. That they shared the same microscopic characteristics, that is Mr. Simpson's hair and the hair found in the hat at Bundy. Mr. Deedrick will also testify, and by the way, Mr. -- We'll present evidence showing that Mr. Simpson has knit caps and had knit caps at that time just like the one found at Bundy. Mr. Deedrick will also testify that hair found on Ron Goldman's shirt matched Mr. Simpson's hair. He will testify that hairs found on the Rockingham glove, the glove found behind the side of Mr. Simpson's house, matched Nicole's hair and other hair on it matched Ron Goldman's hair. Mr. Deedrick will testify that he found certain rose beige fibers on the knit cap at Bundy, particular rare type of carpet fiber that he will say is found in very few Bronco automobiles. And he will testify that after comparing the fibers, the carpet fibers found in the hat to the carpet fibers in Mr. Simpson's car, that they matched. They shared the same microscopic characterization. He also examined the fibers, carpet fibers found on the Rockingham glove and he said those carpet fibers are the same fibers as found in Mr. Simpson's car. He also found a different kind of fiber, a blue black cotton fiber in several different places and it was the same blue black cotton fiber found in these places: 1, Ron Goldman's shirt; 2, the glove found at Rockingham; and 3, the socks in Mr. Simpson's bedroom. That again, Mr. Deedrick will testify all these fibers matched indicating that they all came from a common source. On the gloves, one glove was found at Bundy, one glove was found at Rockingham. Both gloves Aris leather like, extra large, color brown. We will present evidence in this case that Nicole Brown Simpson on December 18, 1990, purchased two pairs of Aris leather light gloves, extra large, color brown and color black. She purchased them at Bloomingdale's in New York city close to where she and Mr. Simpson had an apartment. Only Bloomingdale's, by the way, sold these gloves in the United States and only two hundred pairs were sold in 1990 to 1991 when Nicole bought them in Mr. Simpson's extra large size. After December 18, 1990 when Nicole bought these gloves, we have pictures that we will present showing Mr. Simpson wearing both pairs of gloves. We have six photographs, somebody wearing the black gloves, somebody wearing the brown gloves. By the way, these gloves, stylewise, are made to be skin tight, so that you have dexterity when you're using them. They're not big ski gloves. They're very tight-fitting gloves. You will hear testimony from the woman who was in charge of these gloves, of selling these gloves at Bloomingdale's. Now, we have asked Mr. Simpson to produce the gloves that he was seen wearing in the photographs and he will not be able to present, in court, those gloves. Neither pair of them. We will prove that the gloves that he was wearing in those photographs and that Nicole bought on December 18, 1990, the brown pair, were the ones he used when he killed Ron and Nicole leaving one at Bundy and one at Rockingham. Let me turn to the show prints. We will call to the stand, FBI agent William Bodziak who is one of the country's most foremost experts in shoe print impressions. And he will testify after reviewing all of the evidence, the photographs and so forth, crime scene pictures, taking measurements and doing lots of investigative work around the world that these shoe prints that were left at Bundy were all the same size, size 12. That there were no other shoe prints left behind that night. He will explain that only nine percent of the population wears size 12. Mr. Simpson wears size 12. He was able to take an impression of the bloody shoe print and track down the precise type of sole that made that bloody shoe print and it's a Silga sole made in Italy that is used on a shoe called a Bruno Magli or Bruno Magli as some people say, shoe. It's an expensive casual shoe. It costs $160, sold in only 40 stores in the United States in 1991 and 1992. It's a casual shoe, sort of leather type shoe. It's dark in color, particular style here is called the Lorenzo style and it has this Silga sole which has like a waffle-type pattern to it. That is the sole that William Bodziak will say made that shoe print, and that sole is only used on a Bruno Magli shoe. So we know and can prove that that shoe that left a shoe print was a Bruno Magli shoe, size 12, Lorenzo style, dark in color. At Mr. Simpson's deposition we asked him whether he wore those type of shoes and his testimony is as follows on this and we will present it to you at page 1305. Question was about whether he wore Bruno Magli shoes, the kind that left the bloody shoe prints. "Q. Did you ever buy shoes that you knew wore Bruno Magli shoes. "A. No. "Q. How do you know that? "A. Because I know Bruno Magli makes shoes that look like the shoes they had in court that's involved in this case I would have never owned those ugly-ass shoe. "Q. You thought those were ugly-ass shoes. "A. Yes. That deposition was taken back in February, 1996. A month or so later after that deposition, a photograph appeared in the National Enquirer taken by a photographer named Harry Scull, Jr., whose testimony you will hear. He's a sports photographer in Buffalo where Mr. Simpson used to play football and go back and broadcast football games. He worked for the Associated Press in 1993 and on September 26, 1993 there was a game between the Buffalo Bills, the Miami Dolphins in Rich Stadium, New York Buffalo's stadium and Mr. Scull working for the AP took photographs of lots of players including some shots of Mr. Simpson broadcasting on the sidelines interviewing athletes. In the past Mr. Scull had taken many, many pictures of Mr. Simpson. This was not the first time. If the Associated Press didn't use the photographs as Mr. Scull will testify, he would try to then sell them. That's how he earns his living. In September of 1993, one of the pictures that he took is a picture that shows Mr. Simpson in the end zone wearing a jacket, tie, shirt, belt, pants, shoes that are clearly visible including the bottom of the shoe, the sole. We've had those shoes that picture shown to an expert by the way, an expert who used to head the photographic and questioned documents unit at the FBI for 25 years, a guy named Gerry Richards. He will testify that the photograph is authenticated looked at the negative and no question about the photograph. We've also had the shoes shown in that photograph that Mr. Simpson is wearing given to an expert Mr. Bodziak the shoe print expert and we've asked him to identify the shoe based on his training and knowledge and he can positively identify that the shoe Mr. Simpson is wearing in that photograph is a Bruno Magli Lorenzo style size 12 that has the Silga sole to it. That is the shoe that left the bloody shoe prints on Bundy on June 12. Once again we've asked Mr. Simpson to produce the shoes that he has been shown wearing in that photograph taken in September, 1993, just eight months or so before Nicole's death. He cannot produce them. We've asked him where are the shoes and where are the gloves that are seen in those photographs and his answers and we will present them to you here in court in testimony, "I gave them away." Asked him who he gave them to his answer, he can't identify who he gave them to. Your Honor, this is a good time.

Temperature

devastating

Key Quotes (4)

O.J. Simpson
I would have never owned those ugly-ass shoe.
Simpson's deposition denial of ever owning Bruno Magli shoes, taken February 1996, which Petrocelli immediately undercuts with authenticated photographic evidence from 1993
Daniel Petrocelli
He cannot produce them. We've asked him where are the shoes and where are the gloves that are seen in those photographs and his answers and we will present them to you here in court in testimony, 'I gave them away.' Asked him who he gave them to his answer, he can't identify who he gave them to.
Establishes that Simpson cannot account for either the matching gloves or the matching shoes — both conveniently 'given away' to unidentified recipients
Daniel Petrocelli
Only Bloomingdale's, by the way, sold these gloves in the United States and only two hundred pairs were sold in 1990 to 1991 when Nicole bought them in Mr. Simpson's extra large size.
Establishes extreme rarity of the gloves, making coincidence essentially impossible
Daniel Petrocelli
He also found a different kind of fiber, a blue black cotton fiber in several different places and it was the same blue black cotton fiber found in these places: 1, Ron Goldman's shirt; 2, the glove found at Rockingham; and 3, the socks in Mr. Simpson's bedroom.
Links the crime scene, the planted-glove controversy, and Simpson's bedroom through a single fiber source — a trifecta the defense would need to explain

Evidence (10)

Informal
Knit cap found at Bundy crime scene containing hair microscopically matched to Simpson
discussed
Informal
Hair on Ron Goldman's shirt matched to Simpson
discussed
Informal
Rockingham glove — hair on it matched Nicole Brown Simpson and Ron Goldman
discussed
Informal
Rose beige carpet fibers from knit cap matched carpet in Simpson's Bronco
discussed
Informal
Blue-black cotton fibers linking Goldman's shirt, Rockingham glove, and socks in Simpson's bedroom
discussed
Informal
Aris leather light gloves, extra large, brown — purchased by Nicole at Bloomingdale's NYC, December 18, 1990
discussed
+ 4 more

Notable Exchanges (2)

Daniel PetrocelliO.J. Simpson
Petrocelli reads Simpson's deposition denying he ever owned Bruno Magli shoes ('I would have never owned those ugly-ass shoe'), then immediately reveals an authenticated AP photograph from September 1993 showing Simpson wearing precisely those shoes — taken eight months before the murders
devastating
Daniel PetrocelliO.J. Simpson
Petrocelli presents that Simpson was asked to produce both the gloves and the shoes seen in photographs; his answer for both is 'I gave them away' to unidentified persons
strategic

Light Moments (1)

O.J. Simpson (deposition, read by Petrocelli)
Simpson's deposition quote referring to Bruno Magli shoes as 'ugly-ass shoes' — an unguarded, colorful denial that Petrocelli clearly relishes reading to the jury

Credibility Attacks (2)

⚔ O.J. Simpson
prior inconsistent statement contradicted by photographic evidence
Simpson testified under oath in February 1996 that he never owned Bruno Magli shoes; an authenticated AP photograph from September 1993 shows him wearing exactly those shoes on an NFL sideline, established by both a photographic expert (Gerry Richards, former FBI) and shoe print expert William Bodziak
⚔ O.J. Simpson
inability to account for physical evidence
Simpson cannot produce the matching gloves or the matching shoes shown in photographs, claiming he 'gave them away' to unidentified people — offered as consciousness of guilt

Objections

None recorded
Proceeding 7993 • 2 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 23, 1996 📄 Opening statement — Plaintiff'
OCT 23, 1996 KRT DvH TD