Opening statement — Baker (part 2) (2 of 2) — October 24, 1996 (Day 2)

📄 Opening statement — Baker (part 2) (2 of 2) — Thursday, October 24, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\24\OPENING-STATEMENT-BAKER-PART-2.DOC

TRIAL

▲ Day 2 of 57

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Opening statement — Baker (part 2) (2 of 2)

Date: Thursday, October 24, 1996 • Utterances: 6

Baker resumes his closing argument by shifting focus to the events of June 12, 1994 at 875 South Bundy. He walks the jury through Nicole's evening — the recital, dinner at Mezzaluna, ice cream at Ben & Jerry's — then introduces a witness named Thomas Talerino, a rollerblader who allegedly saw a suspicious crouching male near the gate at Nicole's condo around 9 PM. The segment ends abruptly when Petrocelli objects, citing a prior court order regarding this testimony.

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

# 2 THE COURT:

Everyone present. You may resume.

# 3 MR. BAKER:

Thank you, Your Honor. Again, ladies and gentlemen, I apologize for the length of my remarks but if you think its hard listening, consider talking this long.

Now, when we left off, we had finished with my client in jail. And I want to go back now to June 12, 1994 and direct our attention, if we can, to 875 south Bundy, Nicole Brown Simpson and the witnesses in that vicinity in an area.

As you may be aware, after the recital, Nicole, her two children, her children and OJ's children and a young lady by the name of Rachel Berman as well as her mother, father and sisters went to Mezzaluna for dinner.

They, I believe the evidence will show, left there at about 8:30 and the plan was that Rachel Berman, this friend of Sydney Simpson was going to spend the night and so they, after they the got through dinner, they went over to Ben and Jerry's. They got on ice cream and then they went back to the condominium at 875 south Bundy.

Now, they got there sometime possibly before 9 o'clock maybe it was a little after. In any event, there is a fellow by the name of, I want to get it right here, Thomas Talerino and Thomas Talerino and his friend are roller-blading down Bundy at 9 O'clock at night on June 12, 1994. And you'll hear him testify that as he goes by 875 south Bundy.  He sees a Caucasian or Hispanic male crouched in the bushes up by the gate. He sees a female over to the left of that by a bicycle. He was interviewed by the police and nothing happened.

Eleven months later, he's reinterviewed by Tom Lang, and asked specifically, is this person who was in a suspicious position and he, both he and his friend --

# 4 MR. PETROCELLI:

Your Honor, I have an objection to this based on, from an order the court made. May I be heard?

# 5 THE COURT:

You may.

# 6 MR. PETROCELLI:

Thank you.

Temperature

tense

Key Quotes (3)

Robert Baker

Again, ladies and gentlemen, I apologize for the length of my remarks but if you think its hard listening, consider talking this long.

Self-deprecating opener as Baker resumes; humanizes him to the jury after a long argument

Robert Baker

He sees a Caucasian or Hispanic male crouched in the bushes up by the gate. He sees a female over to the left of that by a bicycle.

Core of the alternative suspect narrative — a mysterious figure near the crime scene at approximately the time of the murders

Robert Baker

He was interviewed by the police and nothing happened. Eleven months later, he's reinterviewed by Tom Lang

Baker is setting up an argument that police ignored or suppressed a key witness who could point to an alternative perpetrator

Evidence (1)

Informal

Thomas Talerino's account of seeing a crouching male and a female near 875 South Bundy at approximately 9 PM on June 12, 1994

discussed, introduced as alternative suspect evidence

Notable Exchanges (1)

Robert Baker•Daniel Petrocelli

Baker is mid-argument introducing the Talerino witness when Petrocelli interrupts with an objection citing a court order; the transcript cuts off before resolution

strategic

Light Moments (1)

Robert Baker

Baker jokes that the jury has it easy just listening — he's the one who has to talk this long

Credibility Attacks (1)

⚔ LAPD / Tom Lang

investigative neglect / suppression

Baker implies police ignored Talerino for eleven months before re-interviewing him, suggesting a suspicious figure near the scene was not properly investigated

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 8009 • 6 utterances

Civil Trial

Department 103