📄 Opening statement — Baker (part 2) (1 of 2) — Thursday, October 24, 1996
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▲ Day 2 of 57

Opening statement — Baker (part 2) (1 of 2)

Date: Thursday, October 24, 1996 • Utterances: 18
Robert Baker continues the defense opening statement, first correcting a prior factual error about the 1989 incident (Officer Edwards, not Farrell), then narrating the arc of OJ and Nicole's relationship through the 1993-1994 reconciliation period and its end. The bulk of the statement is a granular, minute-by-minute account of OJ's activities on June 12, 1994 — from the school recital to McDonald's run to chipping golf balls in the dark — explicitly aimed at filling the 'hour and 20 minutes' that plaintiff's counsel called an alibi gap.
1 (The following proceedings were held in open court in the presence of the jury:)
2 MR. BAKER:

May I continue, Your Honor?

3 THE COURT:

Yes.

4 MR. BAKER:

Let me correct one thing that I said.

5 MR. PETROCELLI:

It's a new exhibit, I was mistaken.

6 THE COURT:

Mr. Baker, could I just interject for the jury and for Mr. Petrocelli's piece of mind?

Mr. Baker is going to use an exhibit that is the plaintiff's exhibit. Plaintiff's concerned that Mr. Baker may be taking away plaintiff thunder. I've indicated that this is apparently a photograph of a scene. I don't think whoever produced it makes any difference insofar as the photograph itself is concerned.

So just bear in mind that it is plaintiff's exhibit and Mr. Baker is going to use it in his opening statement.

7 MR. PETROCELLI:

Thank you, Your Honor.

8 MR. BAKER:

I'll identify it when we get there.

I mentioned earlier about the January 1, 1989 incident and I mentioned Officer Farrell's name and the real name is Officer Edwards.

In fact, Officer Farrell subsequently testified that O.J. always accepted responsibility for that incident. So I want to make that clear because we have a lot of people who may report that and I certainly want to make it clear that it was Officer Edward who was giving Orenthal James Simpson the hard time on the morning of January 1, 1989. That will be testified to as I suggested.

Now, before the break, we were going through the chronology of the events of Nicole and O.J.'s life and we were approximately in May of 1993 after Nicole had said in the letter basically what her state of mind was. That she was not, she was the pursuer. She was not being pursued at all by O.J. Simpson at the time.

And O.J. agreed, as I suggested just before the break to a trial, at reconciliation and that trial had limitations on it. It had conditions on it. The conditions would last one year. And after one year, if it worked out, she could move back into the house and they would be remarried. But as I suggested he did not want his children uprooted, moved into the house and then possibly moved out of the house.

And so that trial reconciliation went forward and there were some rocky moments because of the strong person of both of these individuals.

And I want to revisit this third, what they call, incident of October 25, 1993. And I want to chat with you about that for a few moments and tell what you the evidence will really show relative to that incident.

On that evening, O.J. Simpson had gone to Nicole's house and had dinner. He was making a movie at the time, one of the Naked Gun series and he was on a set here in southern California.

And a young lady who was also there, engaged O.J. in conversation and she said to O.J. that when her boyfriend, a fellow named Keith had been seeing Nicole, he was heavily into drugs and Nicole was hanging around with him. And this rang a very definite bell with O.J. Simpson. And the reason it rang a bell with O.J. Simpson is O.J. had gone to Nicole's house one evening and had walked up -- This was in 1992 -- and had walked up the front walkway and looked into the bedroom. And he saw Nicole performing oral sex on this Keith. Lights on, draperies open, kids in the house.

Now this man, who is supposedly a raging violent human being, didn't do anything. Didn't go into the house, didn't make a scene, didn't do anything. He rang the door bell to let them know that the world could visualize what they were doing in there and he went back to his house.

He was upset. I think any human being would be upset.

And so when this incident occurred in October of 1993, he was having this discussion with Nicole and it was getting nowhere, because he didn't like the fact that Nicole was having parties, visiting people where -- who were prostitutes, inviting drug users into his house with his -- Into her house with his children there. And when you hear the tapes, you'll hear the name Heidi Fleiss, you'll hear prostitute, you'll hear drugs. It's all in there.

He was very upset about it. But I'm getting ahead of myself and I apologize.

What happened was thier conversation over this was going nowhere. O.J. gets in his car and he drives home. When he gets home, he didn't call Nicole. Nicole called him. And said when we decided that we were going to reconcile, we said that we would talk these things out. And so he got in his car. He went back and he was hot. There is no question about it. He did not want prostitutes and drug users in his house and he didn't want Nicole using drugs either.

And so it was a heated conversation and he was upstairs, Nicole was upstairs when she called 911. And she called 911 and she had the door locked and O.J. thought she was talking to her mother. And he knocked on the door, maybe he beat on the door, and he went downstairs. Now Nicole was so frightened of O.J. being so violent and in such a rage and so afraid of him that she left the lock upstairs and went downstairs to continue the argument.

Now, the police came, Sergeant Lally -- Sergeant Lally surreptitiously recorded the argument downstairs, and you will hear on that surreptitious recording, the reason I say it was surreptitious because he was to book any recording into evidence immediately after taking it. He did not, but in any event, it was found. You'll hear it.

And you'll hear O.J. Simpson. You will hear Nicole Simpson saying no, he didn't hit me. He hasn't touched me since 1989 because he hadn't. There was no violence in that. And if this was such a raging volatile relationship, why would she have come downstairs.

And so ladies and gentlemen, the relationship and the trial period continued. It continued into March of 1994. And again, it was -- they had good times. They had bad times but O.J. in March thought they were going to make it.

And he called Judy Brown and he says I think we're going to make it. I think I was wrong that this wasn't going to work. I think we're going to make it.

And then he went to Puerto Rico to shoot this movie Frogmen and he called her all the time. That is he called Nicole and her mood swings were enormous. Incredible. One day she was loving and warm to him, the next she was out of control. But he couldn't understand it and he called Judy and told her about that. He said, I've got to watch what's going on here.

She was drinking excessively when O.J. wasn't around. And in fact, the evidence will show when, well, wait 'till I get there.

She was in friendships with people with severe problems. She was partying with people she didn't know anything about. She didn't know who they were basically. It was an amazing period. And you'll hear that from her best friend.

O.J. comes back from Puerto Rico at the end of April, 1994. He sees her. They have this date. They go down in Laguna, and she's a rattle again.

And it's basically one year to the day since she started this reconciliation period and it wasn't she who broke it off. It was O.J.  Said unless you get counseling, I can't go on with this. I can't do it. I can't be a part of all of the problems.

Her best friend had severe, severe marital difficulty. She would tell her husband she was with Nicole and she wouldn't get home until 4:00 or 5:00 in the morning and she wasn't with Nicole.

Her other friend, who wasn't her best friend, Faye Resnick, was heavily into drugs. And the problems and who do they go to with their problems? O.J. Simpson. O.J. Simpson is the one they go to.

So what happens is the weekend of 7 and 8 of May, they decide it's over. We'll go on with our life. O.J. was not a raging, violent, smoldering human being the month of May or the month of June.

And the evidence will be that O.J. Simpson gave her a bracelet, gave her some earrings and I want to tell you why the earrings came back. Nicole had had these earrings that were diamond earrings, stolen. O.J. paid to replace them, cost about $10,000.

When the insurance check came into O.J.'s office, it was sent to Nicole who just took the cash instead of giving it to O.J. so she gave him the earrings back.

And the bracelet, you will hear an expensive -- maybe a relative term to some of us, expensive is expensive. But you will hear that the bracelets that he gave her may have been purchased for somebody else. But in any event, it was the least expensive birthday gift he ever gave her in the 17 years that they were together.

Now, I want to revisit one thing. In that month of May, you've heard from Mr. Kelly, with an accusation that O.J. Simpson missed his daughter's first communion. I want to tell you the facts relating to that incident.

O.J. Simpson was a spokesman for Hertz and he had certain commitments with his contract with Hertz. And he had to be at a conference where they kind of showcase O.J. and he meets people and he mingles with them.

O.J. went so far to call the chairman of the board of Hertz to try to get out of that to be at his daughter's first communion. He couldn't and so he wasn't there. He -- so he wasn't there. He was earning a living.

I want to tell you about something else that occurred to this man who is supposedly in a rage.

Every year they had an event for the preschool that O.J. had started at his house. It was a fund raiser, 3, 400 people came. It was May 22, the day that Mr. Kelly just told you they broke up in this smoldering rage.

Well, you will hear witnesses talk about the fact that Nicole came over to his house, O.J.'s. There were people wandering in and out of his den which has some television sets in it, or family room, and wandering back out these doors to go back out to the swimming pool and back towards the tennis court.

And O.J. was with some other gentleman in this den watching the NBA Playoffs. Nicole came in sat down, put her head on O.J.'s lap and laid there with other people around, hardly afraid of O.J. Simpson. Hardly a relationship that has gone sour.

If fact, she got up, went up and climbed into O.J.'s bed. And the reason she had done that, ladies and gentlemen, is she had had pneumonia in the month, later in the month of May.

And O.J. Simpson had gone over there and taken care of her. And O.J. had brought her soup, taken care of the kids, bought her flowers. Not her mother, not her sisters, O.J. So then an event occurred. O.J. was certainly aware of the problems, these serious problems with the drug use of Faye Resnick and the severe marital problems of Cora Fischman.

Then in late May he gets a phone call from Faye Resnick and Faye Resnick says to him, she and her then fiance, Christian Reichardt, want to go to a fund raiser charity event that O.J. sponsors at Cedars-Sinai hospital for children with birth defects. And O.J. had done it four years and raised 7, 8, 9 million dollars to advance research in birth defects.

And O.J. said, sure, you can come. And the next thing he did was receive a call from Nicole, how upset she was that O.J. was tying to steal her friend. O.J. said I'm not trying to steal your friends. She asked if she could come, she can come.

And then O.J. decided, look, I've got to distance myself from these people. I've got to put a little distance because they have these severe problems, and he attempted to do that. And he attempted to do that.

And you will hear, ladies and gentlemen, that virtually, virtually the day after the agreement by Nicole and O.J. to end this one year reconciliation period, he started to rekindle his relationship that he terminated with Paula Barbieri when she tried to reconcile for the year and Paula Barbieri and O.J. were publicly boyfriend and girlfriend; the kids, the scene, Paula.

Certainly Nicole had seen O.J. with Paula. He wasn't a jealous stalking man at all. The week before June 12, 1994, he'd been down with Paula down in the desert. He played golf, gotten up early in the morning, as is his custom, and he played golf. And he went ahead, played golf.

When he got back, Paula was gone -- She does not like him spending all his time on the golf course -- with a note that she's broken up.

Well, she hadn't broken up with him and the next week, they were back together and he was out of town virtually the week before June 10, which is a Friday, on business on the East Coast. He had to attend a board of directors meeting back there. He had some other business back there. And when he flew back, well, let me wait a minute before he flies back.

He was invited by a pal of his in New York that's he known for a long time to stay in New York. He was back in Connecticut, New Jersey to stay in New York play golf all weekend. And O.J. says no, I'm flying home. I missed the first communion. I'm going to be at Sydney's recital, flies to New York from LA, knowing he has to be back in Chicago Monday morning because he has to be at a celebrity golf tournament put on by Hertz.

So he flies from New York to Chicago. He's picked up by Paula Barbieri and goes home and Saturday gets up early in the morning as is his custom, goes to Riviera country club, plays golf, plays some cards, goes back home, watches a little television and then goes to this charity event on -- on organize the First Lady of Israel.

And Paula and O.J. had had a good time but O.J. wanted to go home because he was going to head up early and go play golf. And in fact, that's exactly what he did.

And again, Paula was not too excited about the time that O.J. spent on the golf course.

So O.J., on June 12, 1994, rises in the morning, gets up and goes to Riviera country club in Pacific Palasades plays golf, plays some cards, he's in his Bronco and then he comes back and calls Paula. And she doesn't answer. Now, I want to explain a little bit about O.J.'s communication system if you will.

He like all of husband has a phone system but in his house the phone system has many lines, kind of like a small business phone system but it does not have a cordless phone and O.J. uses his portable cell phone kind of like a cordless phone.

In any event, he's coming back and he calls Paula. Now, he doesn't know that Paula had called his cell phone answering service and he never picked it up, when she says that she was breaking up with him again which she did not do. She was right back with O.J. the next week after she came, heard about the accusations that were being made against him.

But in any event O.J. never heard about that, never picked up and the phone records will indicate to you, never picked up this call that they say starts him smoldering because now he may be coming alone.

He then, after he calls Paula's house in his car, he then calls Nicole's 'cause he thought he'd go over and pick up Justin because he knows that they're getting ready for the recital that evening. Than, maybe he can take Justin off his hands and off Nicole's hands. And he adores his son and they have a good time over at his house. Nicole says she doesn't want him to do that. And so he simply goes home.

He goes home and he is in his house and watches some television in the afternoon and reads a book and kind of lies around. Kato comes in, they have some conversations, makes a couple telephone calls. And then you'll find that O.J. is a telephoner he's on the phone a lot. You'll know that very much before the end of this case.

In any event, 5 O'clock comes, and he is dressed and he goes to the recital at Paul Revere Junior high school which is five minutes from his house.

He gets there, contrary to what my worthy adversaries have told you, he has a seat two seats from Nicole. And the two seats that are between them are for Sydney and Justin because when the kids are dancing, they're kind of running around and the auditorium is in fact full. And the people, the young students would dance and then the parents after their kids would dance, would kind of leave. So as the program got on in time, there was less people in the auditorium.

But O.J. was closer to Nicole than was her parents for example.

In any event, there was no smoldering rage with O.J. whatsoever.

He then sees that he's made a mistake. Other father's have brought flowers for their daughters, so O.J., in the middle of the performance, gets up, walks out, gets in his car and drives and gets to a florist and gets some flowers and gets back before Sydney has danced.

And because when he comes in, he sees Nicole kind of bending over talking to his mother. Rather than disturb her and go through the row, he just stands to the side because his daughter's coming up in the next dance.

And he waits, his daughter dances. Both he and Nicole were standing during that dance as I recall and then they go outside after the program and you'll see a picture. I'll put it up for you of O.J. and Sydney.

MR. P. BAKER: Mr. Baker, you got to hit the monitor. I think you hit it with her elbow.

9 MR. BAKER:

I did. You may not see a picture of O.J. and Sydney.

MR. P. BAKER: Did the red light go to green.

10 MR. BAKER:

The red light. No, the red light is a red light. The modern age.

MR. P. BAKER: Take the tape out real quick and then we're going to --

11 MR. BAKER:

Now it's gone to green. Thank you.

12 (Referring to monitor.)
13 MR. BAKER:

His Bronco is parked over here on Ashford. And O.J. knows that he's going to be, he's got an 11:45 American airlines flight to Chicago and he knows that he's going to be picked up later that evening by a limo and taken to the airport. And so he pulls his Bronco into the area via, his entrance to his house and he offloads his golf clubs and sets them down here in the walkway. And there's a couple of benches that face each other here and you'll see pictures of those.

But he puts his golf clubs down there I think on the bench over on the south side and goes, puts the car back. He then, after he's puts in the car, he puts the car out because his driveway is basically one way. You can get a couple cars in here and he has a little cut out in here and that's where his Bentley usually is.

And his garage at the time had another vehicle in it and had a lot of golf clubs in it and had some exercise machines in it. And so he pulls the Bronco out the driveway and turns and parks it on Rockingham.

And the Bronco is, contrary to some evidence you may have heard, not askew, at least over four, five inches. Can you put on that photo of the Bronco parked on Rockingham. Okay. Now, can you move it up so that we can see how far this tire is to just look at the curb area.

Now, you can see that that tire's a little bit over the concrete curb on the macadam there and this is not over it, I don't know, five inches. It isn't askew.

He then, sometime around -- you can turn it off. Thanks.

Sometime around 9 O'clock, I think its 9:03, he calls Sydney, tells her congratulations, you did a great job. And then it's about this time, about 9:00, 9:10 that O.J. had noticed that Kato had left the jacuzzi on.

He's upstairs and the back of his -- why don't you put that on? (Referring to monitor) From the back of his bedroom upstairs, you can look right down on the pool and you can see the pool, the jacuzzi adjacent to it. I have a kind of diagram here and he looks down and he sees that the jacuzzi is on. O.J.'s bedroom is here, jacuzzi is here.

So O.J. looks down. He says that he walks down to Kato's room. Now, O.J. 's main house is this area where my hand is.

And then there is this area where this was, where Kato's room was and Arnelle used this room. There's a wing that goes back beyond to the -- to the east of the house that has two bedrooms and a couple of baths and there's a little office in it as well.

It adjoins the house and you can get into the these adjoining rooms from the house. But when Kato is living there, and you can block it off right here so that the guests can't get into your house and have access into the main house.

And so after, and Kato by now was residing at O.J.'s. And you'll recall, ladies and gentlemen, that Kato had moved in in January of 1993 with Nicole in the back house that she had at Gretna Green after he kind of asked if he could move in there in January of 1993. Well, he remained there until Nicole left, left take Gretna Green house at the end of the year of '93.

And then, he had asked Nicole if he could live with her on Bundy and Nicole and O.J. had a conversation about that and O.J. didn't think that was a good idea.

He's a young man with his wife who's unmarried and his kids there and he said, I don't think that's a good idea.

So he says to Kato, look, you can have a room back in that back wing because nobody's living in there and its just unused. And Kato immediately snapped that up and abandoned Nicole. And the reason that I say abandoned is because you'll hear from Kato that he, Nicole, didn't want him to move in there at all.

And Nicole, at that time, was sure that she was going to move back in.  This was that reconciliation period and she did not want Kato there.

So what happens is the minute Kato finds out that O.J. Simpson isn't going to charge him rent, he drops Nicole like yesterday's newspaper. And he and Nicole are never friends again. Nicole tells him, don't move in there. Don't stay there. And in fact, when Nicole would come over in the spring of 1994 to take the kids swimming, she'd call up and have the housekeeper make Kato leave the property before she'd come over.

But in any event, Kato was there certainly on June 12, 1994.

And O.J. goes down, as I suggested, and tells him, look, you have got to be a little careful with the jacuzzi and turn it off because the thing keeps bubbling and the heater and all of that. So he then goes back up to his room to get some money because he's going to go get a hamburger and he's going and he's hungry.

So he after he had left the recital, and turned down an invitation by Judy Brown to go to the Mezzaluna -- To go to dinner, he didn't know where they were going cause Judy Brown invited him to go to dinner. He didn't want to go. He did not want to rekindle there any of the problems that he and Nicole had.

At any event, he hasn't had any dinner. It's 9 O'clock in the evening. It's 9 O'clock in the evening on June 12, 1994. He had gone back down after he originally saw Kato, he -- when he got back upstairs, he saw that all he had was 100 dollar bills.

Now you're going to here that hear O.J. Simpson, unlike you and I, carried around a lot of cash. In fact, when the police asked Lee Brown if he carried around a lot of cash Lee Brown says he always has an enormous amount of cash, 5 to 12,000 dollars at all times.

So O.J. just had hundred dollar bills. So he goes down to Kato's room, back down and says to Kato, can you break 100 dollars. Kato did not have change for 100 and gave O.J. 20.

In that conversation when he asked him about -- when he asked him about changing the 100 dollars, O.J. said, I need it because I've got --I want to go get a burger and I need a couple of bucks for the sky cap.

Long and short of the story is that O.J. is walking back into the house and Kato says, can I go with you to get a burger. O.J. said sure. They get in O.J.'s car about 9:10 on the evening of the 12th and they drive to 26 and Santa Monica where there's a McDonald's, go through the drive through O.J. gets his burger. Kato gets whatever he's going to eat and they come back.

They get out of the car and O.J. had eaten his burger. On the way back and he's kind of not -- he went in the Bentley, the black Bentley because by now, the Bronco is out around the corner outside on Rockingham. So he eats the burger on the way back. He's cleaning out the lettuce. Kato's says, basically, he said have a good trip. Kato starts on the back side going back to his house which is around -- not his house, his room, I apologize. But the Bentley is here. It's here in this little cut out in the driveway. And O.J.'s sitting here, knocking the lettuce out of it and Kato walks around this way and he's got to go in this path around here and then there's the pool area and his place is back over here.

So O.J. then goes back in and enters, this is the kitchen entrance and enters his house through the kitchen.

Now, we know that it is approximately 9:35 and we know that because of the call that Kato makes, the minutes he gets back at 9:37. O.J. fusses around in the kitchen for awhile, picks up his cell phone and walks through this door and there's a button right there into the garage.

And he wants to try to find if he can get a sand wedge because he's just been given a new set of golf clubs, and O.J. has an immense amount of golf clubs. He's just given new sets of golf clubs. He wanted a particular sand wedge.

As you golfers know, the sand wedges don't come in a set. And not only that, if you have a particular one that works, mine never does, but if you have one that works, you kind of want to keep it.

In any event, he goes out into the garage and the golf clubs are on this side of garage the north side of the garage, looks for a sand wedge and can't find it.

So he picks up a three wood and thinks he may take that to Chicago with his cell phone, walks out and opens the trunk of his Bentley. O.J. has golf clubs in the Bronco. He has golf clubs in the Bentley. He has golf balls in the Bentley. He has golf balls in the Bronco. He's an avid golfer. And he finds a pitching wedge which you golfers know is not quite as angled as a sand wedge, and takes it out. There's some golf balls in the back of his car, puts them down right here on the lawn and chips a few out towards Rockingham.

Now, it's dark. There's no question about it. O.J. inveterately chips golf clubs and has a golf club in his house. He chips out toward Rockingham a couple of shots just half shots. Then he chips a couple full hits over the tee here onto the lawn, perhaps back here.

He then skulls one. And what that means is that if you take a golf ball, your supposed to hit the club underneath it. If you hit it halfway up, that's a skull and the ball goes pretty rapidly. And he heard it hit some play equipment and decided that he better quit.

So he takes the pitching wedge that he had, puts it back into the trunk of the car and wants to see if he's got any clubs with that sand wedge is in the back of his one Bronco, a control box here. He owns the gate. He goes out, his dog goes out with him. The dog goes across the street, does his business. O.J. waits for him and now this gate over here on the Rockingham gate is on a timer, opens and closes.

By now it's closed. He walks around, comes back in the Ashford side because one gate is usually off, it was then, was off of the hydraulic controls, pushes it open and walks in, puts the three wood that's carried around with him found in golf clubs in his Bronco that he could use back in the garage.

Now, when he's out here, chipping golf balls and just after he takes the pitching wedge out of his trunk of his car, he calls Paula again on his cell phone that he picked up in the kitchen. And he calls her.  Nobody's home and he leaves a message on her answering machine and it's 10:03. It's done from right here. (Indicating to diagram).

O.J.'s cell phone is like a lot of people have and that is there is a device in both his Bentley and his Bronco where you put the cell phone and you can use it for a car phone. And when you take it out of that device, you can use it as a portable phone. And so he was right there when he called Paula at 10:00, 10:30.

Now, after O.J., and I'm going into a lot of detail and I apologize for this detail, but the reason I'm going into this detail is my worthy advisari said Mr. Simpson has no alibi for an hour and 20 minutes and I want to tell you what he was doing. But you can listen to what he was doing from his testimony right here.

But after he had gone back, put the three wood back and gone back in the house, he then goes upstairs, packs a little, reads a little bit and then looks at his watch or the clock in the room and finds that it's 10:30 to 10:35 on the night of the 12th.

Now, O.J. was, and is a bachelor. He lives alone. The hazards of being a lawyer. (Referring to diagram falling.)

14 MR. BAKER:

As I said O.J. was, and is a bachelor. He wasn't married then and lives alone. He doesn't have somebody to vouch where he is when he's home alone and he doesn't have anybody to vouch to him for 24 hours. For example, he couldn't have had anybody say the night before, the afternoon before when he was home on Saturday, the 11th, there was nobody there. I mean Kato was in and out but Kato was not a close compadre of O.J. Simpson. He doesn't have anybody that's always there with him.

In any event, ladies and gentlemen, it's 10:30, 10:35. He's been reading a book, watching television and he looks and says, you know, it's getting late. My limo driver is going to be running a little bit late, I guess. But he goes to the bathroom, jumps in the shower.

While's he in the shower, he hears the phone ring a couple of times once, twice, don't recall and doesn't get out of the shower to answer it.

Because he knows it's the gate because it has a particular ring and he can see through the shower door on the phone. I believe he can see that it's the line for the gate and his regular driver Dale St. John let's himself in. He's picked up O.J. for years. He knows how to get in the house. O.J.'s totally unconcerned.

So after he finishes the shower, he packs a little more and concludes that he's gotten a particular golf outfit out of his closet and can't recall if he got his golf shoes.

So he goes downstairs and checks to ensure that the golf shoes are on -- are in the golf bag which has a travel cover on it. And let me just back up, and I apologize for this, but what happened when he brought his golf back bag in, he then put a travel cover on it. For you golfers, non-golfers what that is there's a canvas cover that covers the entire bag and so you can, when they throw it in the airplane, your bag isn't open and somebody can't take clubs or anything out of it. And it is very loosely fit around the golf bag so you can put a lot of stuff in it, and O.J. did.

He had put into that golf bag, well, his golf shoes and he went downstairs with a suit bag. Some of this luggage is kind of confusing, but let me try too explain it to you this way.

O.J. had a followed over what has been known as Louis Vitton bag. He had what he calls a grip, I call a leather duffel bag. He had a small bag with golf balls in it. This is ultimately and he had a suit bag. Now, he takes the suit bag 'cause he carries that on the plane because he knows the next night he's got to go to a dinner and he doesn't want to have a wrinkled suit after the celebrity golf thing that Hertz is putting on -- on the 13th.

In any event, ladies and gentlemen, I don't want to confuse you, he goes downstairs with his suit bag unzips his travel cover on his golf bag, sees that the shoes that he wants are in there and closes it back up.

He then goes at this time as he is going back, he is seen by a Allan Park. It is 10:57 and we know that from the phone records of Allan Park's cell phone call.

Now, he goes upstairs at that point in time, completes getting dressed, comes back down. His golf bag is gone. It's in the back of the car with his Louis Vitton bag and his grip. He checks his grip to see whether he's got all of the cell phone components.

And by that, he had his cell phone but his cell phone, like all the portable cell phones, has a case and a charger and he needed the case and the charger. And contrary to what you heard yesterday, he then wants and does go out to the Bronco over on Rockingham and gets the case and the charger for his phone comes back by the Bentley, picks up a wind breaker, a little bag full of golf balls and was over to the limousine.

When he's walking back to the limousine, he hears the driver and Kato's talking about noises. These thumps you will -- that you've heard so much about and O.J. doesn't know what they're talking about. He heard it when he came down, but he didn't pay much attention to it.

So now Kato seems to be somewhat agitated about these thumps and he got a little pen flashlight and O.J. says, to the driver, "do you have a flashlight light?" He said no. So O.J. says, "well, let's go into the house and get a flash light."

So they go into the house to get a flashlight. O.J. takes a drink of water and looks and sees that he is bleeding. He has a small drop. He looked at the counter, there was some blood on the counter and he took a napkin or paper towel, I don't know which, wiped it off and -- 'cause he saw another drop of blood on his finger.

And then he sees in the kitchen that it's after 11 O'clock. He's got a 11:45 flight so he says to Kato, I've got to go. I have to. You lock up and I will call you from the limo and tell you how to set the alarm. And O.J. hustles out the front door.

This is not before, ladies and gentlemen, that he had told Kato or that they'd agreed, I think he told Kato, look, we'll get these flashlights, you go around the south side of the house. I'll go around the north side of the house.

In fact that would've worked. In other words, if they had time to do that, O.J. was sending Kato Kaelin right where Mark Fuhrman says he found a glove.

In any event, it didn't work. O.J. comes out, gets in the limo and off they go to the airport. O.J. does exactly what he said he was going to do. That is, he calls Kato Kaelin from the limousine cell phone, tells him the alarm, Kato sets the alarm.

Now, to give you the whole picture, I've got to go back and discuss with you a little bit.

15 THE COURT:

I think it's time, pick a time when it's convenient for you.

16 MR. BAKER:

This is the time.

17 THE COURT:

Okay. Ten minutes, ladies and gentlemen.

18 (Recess.)

Temperature

tense

Key Quotes (5)

Robert Baker
This man, who is supposedly a raging violent human being, didn't do anything. Didn't go into the house, didn't make a scene, didn't do anything. He rang the door bell to let them know that the world could visualize what they were doing in there and he went back to his house.
Defense reframes a potentially damaging incident (OJ discovering Nicole with another man) as evidence of restraint rather than violence.
Robert Baker
You'll hear on that surreptitious recording... Nicole Simpson saying no, he didn't hit me. He hasn't touched me since 1989 because he hadn't.
Baker previews Nicole's own recorded words as exculpatory on the domestic violence narrative, while also flagging that Sergeant Lally failed to properly book the recording into evidence.
Robert Baker
In fact that would've worked. In other words, if they had time to do that, O.J. was sending Kato Kaelin right where Mark Fuhrman says he found a glove.
First explicit invocation of the planted glove / Fuhrman theory in Baker's narrative — framed as exculpatory rather than conspiratorial.
Robert Baker
O.J. was, and is a bachelor. He lives alone. The hazards of being a lawyer.
Baker acknowledges the structural alibi problem — no corroborating witness at home — while humanizing OJ; the parenthetical about the falling diagram undercuts his own solemnity with accidental humor.
Robert Baker
He saw another drop of blood on his finger... he took a napkin or paper towel, I don't know which, wiped it off.
Defense introduces OJ's own explanation for the blood evidence at Rockingham — a pre-existing cut — establishing the alibi narrative before witnesses testify.

Evidence (6)

Plaintiff's exhibit (photograph)
Photograph of a scene, flagged by Petrocelli as a plaintiff exhibit Baker intended to use in his opening; judge intervenes to clarify this is permissible
discussed, used by defense in opening
Informal
Surreptitious audio recording of October 25, 1993 argument made by Sergeant Lally; not properly booked into evidence at the time
previewed — Baker promises jury will hear Nicole say OJ had not touched her since 1989
Informal
Allan Park cell phone records establishing 10:57 PM timeline
referenced to anchor alibi chronology
Informal
Photograph of Bronco parked on Rockingham
displayed on monitor to rebut claim the vehicle was parked askew
Informal
Diagram of Rockingham property showing house layout, driveway, Kato's room, pool, jacuzzi, gates
used extensively to walk jury through OJ's movements on the night of June 12
Informal
Photograph of OJ and Sydney after recital
attempted display; monitor malfunction briefly prevented showing

Notable Exchanges (2)

Hiroshi FujisakiDaniel PetrocelliRobert Baker
Petrocelli raises concern that Baker is about to use a plaintiff's exhibit in defense opening, potentially 'stealing plaintiff's thunder.' Judge intervenes to explain this is permissible and the exhibit's origin doesn't affect its admissibility.
strategic
Robert BakerP. Baker
Baker's monitor malfunctions mid-demonstration while showing the Bronco photograph; his son (co-counsel P. Baker) troubleshoots it from the floor, eventually restoring the display.
light

Light Moments (3)

Robert Baker
Baker quips 'The hazards of being a lawyer' when his diagram falls over mid-sentence, then continues without missing a beat.
Robert Baker
Baker edits himself mid-description of sand wedges: 'if you have a particular one that works, mine never does, but if you have one that works, you kind of want to keep it.'
Robert Baker
Monitor shows red light instead of displaying photo; son P. Baker calls out instructions from co-counsel table, Baker narrates the malfunction to the jury in real time: 'The modern age.'

Credibility Attacks (4)

⚔ Sergeant Lally
evidence handling failure
Baker flags that Lally made a surreptitious recording of the October 1993 argument but failed to book it into evidence as required — labeling it 'surreptitious' and implying procedural misconduct, while still planning to use the recording's contents.
⚔ Kato Kaelin
character / bias
Baker portrays Kaelin as an opportunist who moved into OJ's guest room the moment free rent was offered, abandoning Nicole despite her explicit objections — framing him as disloyal and self-interested rather than a credible witness.
⚔ Mark Fuhrman
planted evidence theory
Baker notes that OJ was about to send Kato to walk the south side of the house — exactly where Fuhrman claims to have found the glove — implying Fuhrman planted it in a location OJ himself would have directed attention to.
⚔ Daniel Petrocelli / plaintiff's counsel
factual rebuttal
Baker directly disputes multiple claims from plaintiff's opening: that OJ missed Sydney's first communion out of indifference (he tried to get out of a Hertz contract obligation), that the couple was estranged by May 22 (Nicole lay her head on OJ's lap that day), and that the Bronco was parked askew (photograph shows only minor curb overhang).

Witness Demeanor

(Referring to monitor.)
(Recess.)

Objections

None recorded
Proceeding 8006 • 18 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 24, 1996 📄 Opening statement — Baker (par
OCT 24, 1996 KRT DvH TD