📄 Opening statement — Baker (part 3) — Thursday, October 24, 1996
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▲ Day 2 of 57

Opening statement — Baker (part 3)

Date: Thursday, October 24, 1996 • Utterances: 20
Baker presents the defense's alternative timeline and suspect theory, citing witnesses ignored by LAPD (a woman who heard an argument at 11pm, two rollerbladers who saw a crouching female near the scene), then walks through the physical evidence at the murder scene in graphic detail — including blood transfer between victims suggesting interaction, Goldman's defensive wounds, and the gate area. He pivots to attacking LAPD's crime scene handling: Fuhrman pointing at the Bundy glove before allegedly knowing about Rockingham, detectives abandoning the crime scene to drive to Simpson's house, and a blood spot on the Bronco that was never tested. The proceeding ends at a bench conference after Petrocelli objects that Baker is violating a court order on evidence planting.
1 MR. BAKER:

As I was saying, and I apologize, they're certainly entitled to make their objections. I do as well.

But to Talerino on roller blades, his friend Louis Garentino on roller blades going down, south on Bundy in front of 875 south Bundy and they see this Hispanic or Caucasian female crouched in a menacing position and they visualize this woman over next to a bicycle, Caucasian woman.

They're interviewed by the police and very shortly after the murders occurred on June 12, 1994 and never again heard from until Thomas Lange interviews them 11 months later while the criminal trial's in progress, confirms that the exact location that they're talking about with these individuals was the crime scene, 875 south Bundy. They're never contacted again by the police whatsoever.

At 11 o'clock, a woman by the name of Donna Marshall tells the police that 11 o'clock on June 12, 1994 she hears a loud argument outside of her house. It was very loud and it was very menacing.

She is told by the LAPD, she told that doesn't fit our time line and she's never contacted again.

Ladies and gentlemen, we'll get into what the police did in this case in a minute, in terms of focusing on one person, O.J. Simpson.

Now, you've heard, and I don't disagree with the representations that were made by Mr. Petrocelli relative to what was happening over at 875 south Bundy. Except at 9:00 around 9:15, a Mr. Robert Berman came to pick up Rachel Berman.

You recall I said Rachel Berman was Sydney's friend and apparently plans had changed. Instead of spending the night at 875, she was going home and she was picked up by her father. Her father talked to Nicole for about 15 minutes.

She wasn't afraid. She wasn't upset. She wasn't depressed or distressed.

He picked up his daughter, left. As you've heard, Nicole called the Mezzaluna restaurant at about 9:40. After receiving the phone call from her mother at about 9:30 suggesting that her mother had left her glasses at Mezzaluna, they found them and she needed them picked up.

Now, Nicole, called and asked for Ron Goldman. Nicole and Ron Goldman knew each other well before June 12, 1994. And in fact, you will hear Nicole's best friend from the witness stand, say that they had a date that night. That Ron Goldman was in fact going to Nicole Brown Simpson's condo that night.

And you will further hear that there were plenty of parking spaces in front of Nicole Brown Simpson's condominium on Bundy at 10:15, 10:20, whenever he got there, but he parked around the corner in his girlfriend's car and down the street.

You will then hear this Robert Heidstra and -- bless you -- I sit up here and talk for long periods of time. I definitely try not to but I make some mistakes. I said on the 17th, I mentioned the name Heidstra and it was actually Dr. Huizenga. Robert Heidstra is the witness who heard the hey, hey, and hey and the clanging of the gate at 10:40, 10:40 at night. That's when he heard hey, hey, hey, and that's when he heard the clanging of the gate.

And he says, and he will testify here. He's very, clear on it, that he saw a sports utility vehicle. He saw a sports utility vehicle about 10:45, 10 minutes before Mr. Simpson is seen outside his home by Allan Park.

He sees him standing about right here at 10:45 and he sees a sports utility vehicle and a couple of other cars (Indicating to diagram labeled map of Bundy area). And they go. It's kind of an easterly direction and down south towards Wilshire. Mr. Simpson's home, if you are in a hurry to get back and Mr. Simpson knew that he was being picked up by a limousine driver on June 12, 1994, the quickest way to get to Mr. Simpson's house is to go up toward San Vincente, take it over to Cliffwood or Rockingham or Bristol and go up. You're going, in exactly the opposite direction if you go south on Bundy.

And that's -- Mr. Petrocelli didn't quite mention that the car comes and turns this way and goes away from Mr. Simpson's estate.

And not towards it. Now, the chronology and the time relative to the finding of the dog, I agree with Mr. Petrocelli, I think the evidence will indicate that Steve Schwab, about 11 o'clock, finds the Akita with blood on its paws, meaning the murders have to take place somewhere in the neighborhood of 10:45 to 11 o'clock in that range, perhaps. But if he finds the dog at 11 o'clock with blood on his paws, we can assume that the murders have taken place.

Then, the dog is transferred to Sukru Boztepe and his wife at approximately midnight, 12:10. They are walking the dog back. They look up Bundy, there's a street light. There is a river of blood going down the walk to the sidewalk adjoining her house on Bundy.

And ladies and gentlemen, at that time, the police are called and at that time, the police get into the events of June 12, 1994.

Now, I want to go back for a moment, by the way, the car that Ron Goldman parked was down here that night of June 12, when he could have parked up here. And that's a few houses. That's not to scale.

I want to talk a little bit about something that obviously has some sensitivity to it, but we've got to talk about it because it's the evidence, and that is the actual murders themselves and the evidence created by the murders.

At 875 south Bundy, you go up a walkway from the sidewalk. It's 18 feet, nine and a half inches to the steps but very -- and could you put that up Phil -- Very near the steps (Indicating to view.)

It's a gate. And these are descriptions of where the bodies were actually found.

These, and it's hard, it's difficult to see, are steps. The back of Nicole's buttocks is basically very close to the first step. The body, her body, the buttock on the body.

This gate, as you can see, the dotted lines arcs out and opens. It is a gate, ladies and gentlemen, that you can open from a buzzer inside. I believe the evidence will indicate that after the earthquake in January of '94, sometimes it didn't work. You'd have to come out and open it. In any event, you've heard Mr. Petrocelli indicate to you that Mr. Goldman was attacked, basically, after Nicole Brown Simpson was dead.

The evidence in this case, the physical evidence in this case --

2 MR. PETROCELLI:

Your Honor, I'm going to object because he misstated my statements. I never made those statements about sequence of deaths. Move that it be -- I object to it.

3 THE COURT:

If that's not what you said, then sustained.

4 MR. PETROCELLI:

Thank you.

5 MR. BAKER:

I think it is. In any event, I'll move on.

What had to have happened, ladies and gentlemen, and we know from the physical evidence what had to have happened, is that Ron Goldman was inside the gate. He was inside the gated area. This is only a couple feet. Inside the gated area when the attackers, and I say attackers --

6 MR. PETROCELLI:

This is argument, Your Honor, I object.

7 THE COURT:

Sustained.

8 MR. PETROCELLI:

No witnesses.

9 MR. BAKER:

He was -- I apologize. He was inside the gate and blood transferred from Nicole, there was blood 14 separate stains on Nicole's clothes consistent with Ron's -- With Ron Goldman's blood. And I believe three stains on his clothing consistent with Nicole Brown Simpson's blood. Which means they had to have interacted.

In fact, ladies and gentlemen, right about where this 8 appears, that's where the envelope containing the glasses of Judy Brown was found.

Now, the evidence will suggest, indicates it's between the two and there is also, these are is a metal fence and it has rungs about four and a quarter inches a part. There is blood evidence all along these rungs. There's a hole right where the 14 appears.

There is blood all along this area. There is a beeper outside on the other side of this fence area. The cap and glove, interestingly enough, there's a little bush right here. They're like, they're placed right next to each other, right by his feet. There's also some keys underneath here.

Ladies and gentlemen, there was a horrible struggle that took place within this very closed in area. And it took place, you will hear the testimony, for ten to 15 minutes. And there were 30 knife wounds in Ron Goldman. He tried valiantly to stay alive. And he had knife wound on his hands, his arms, he had knife wounds into his abdomen. He had two knife wounds into his chest and thorax.

He was -- did not, like any of us, want to die. He struggled. You will hear that there, and see that there was blood down his front of his pants from the wounds in his chest. Meaning that he had been upright after the knife fight ensued. They were over here. There is a puddle of blood indicating that he was upright over there. There is, ladies and gentlemen, a cut fresh cut on the boot that Ron Goldman was wearing, I believe on his left boot consistent with trying to kick at the attacker.

And as far as Nicole Brown Simpson, as Mr. Petrocelli indicated to you yesterday, she had her throat slit and her carotid arteries were severed.

It's very close anatomically to the heart. It produced blood that gushes. There was blood every where. You will hear evidence that the attacker had to be covered in blood.

Now, the attackers, this is double murder, this heinous act took between 10 and 15 minutes and then there is bloody footprints at the scene and there's these Bruno Magli shoes, and I'm going to talk about those Bruno Magli shoes in some detail. But first you want to switch that off, please?

Let me talk to you at 12:20 is when Officer Riske, I believe, arrived and about 10 minutes later. Sergeant Martin Coon arrived to secure the crime scene.

I want to talk to you a little bit about what the evidence will be in the fundamental steps to investigate a crime scene.

The first thing you have to do is to recognize what is evidence. Then you have to proceed to collect and document that evidence. The third process is the preservation of the evidence, and the fourth is the interpretation or analysis.

Those steps, especially the steps of recognition are vitally important to any crime scene, in any crime for two very, very significant reasons. One, is if you don't recognize the evidence and preserve the evidence, you can jeopardize a prosecution 'cause it's never collected. Those mistakes at the beginning of the investigation of a crime scene are irreversible. They're irremedial, you can't go back and undo it. So that it has two specific things that you need to have the able to recognize, collect and preserve, analyze and interpret evidence.

One, to prosecute somebody who's guilty and two, to ensure that you do not deny a suspect's elimination as the perpetrator of a crime.

And in this case, you will see that at 12:20 Sergeant Martin couldn't come to put the yellow tape on the crime scene and he yellow taped the crime scene. He didn't yellow tape it 60 feet south where the Akita dog prints went towards Dorothy, where Robert Heidstra saw the sports utility vehicle.

That was never cordoned off. People tracked over that, walked over it. There were looky-looks and police officers all over that area.

You will hear testimony that -- well, you've heard Mr. Petrocelli indicate to you that there was nothing amiss in the house. The evidence you'll hear is we'll never know because the LAPD used the inside of Nicole condominium as their command post. They did not analyze it for evidence.

In fact, Officer Riske went into the condominium after he had first gotten on the scene, picked up the telephone and called the west LA police department, thereby eliminating the last number on the phone so we couldn't determine who was the last person that was called.

There were candles, you've heard about these candles which are burning upstairs in the tub, around the tub of Nicole Brown in her bathroom.

Those candles are blocks. You can blow them out, find the actual candle, relight it and see how long it takes to get there. You know how long she was alive at least, estimate. That was never done. There was melted ice cream on a rail that was ignored.

One of the fundamental elements in recognition in of evidence, to establish the time of death you have to know last when the person was alive. And that was done improperly by the police department and I do not, for a moment want you to believe that we're saying that they did so intentionally. We are not alleging that. We are not asserting that.

Then, ladies and gentlemen, let me jump to around 2:10 when Detective Fuhrman and Ron Phillips arrived at the crime scene. They analyzed the crime scene. They walk around and survey the crime scene. Detective Fuhrman makes notes inside the house, sits down, writes some notes out.

There was, according to Officer Riske's testimony at the preliminary hearing in this manner, a concentrated effort to keep the police officers out of the area of the closed-in area. And away from the bodies and the evidence that was there so as to not to contaminate the crime scene. And you will see from the photos, you can't see the glove unless you get down and look. It's under a leafy plant that kind of arcs over.

And you will here, ladies and gentlemen, that after about 2:30 in the morning, Fuhrman and Phillips are notified that the control of this case is being transferred from the west LA division of LAPD downtown to robbery homicide division, RHD. You'll know about it. You'll know the initials well before we finish.

And so at that point in time, the authority for control over that crime scene left Detective Fuhrman and it left Detective Phillips and you will hear testimony, I anticipate, that at that time, point in time, that is when Vannatter and Lange were taking over the crime scene, that the other detectives quit detecting.

That they didn't make any further efforts. Now, in our timeline, as we go along, the next significant event and we will in meticulous detail, fill in for you during the trial, what we believe Mr. Fuhrman was doing between 2:30 and 4 o'clock in the morning. But for now, let me suggest to you at 3:25 in the morning, Rolf Rokahr arrives at the crime scene and he is an LAPD photographer and he took hundreds of photos.

And one of the photos he takes is most interesting because it's Mark Fuhrman pointing down, pointing towards the glove.

Now, Mark Fuhrman, at that time, does not know allegedly of any glove over at Rockingham. There is no other piece of evidence with the detective pointing at it on a picture taken anywhere. And then, ladies and gentlemen, you will hear that at 4 o'clock, Detectives Vannatter comes to the crime scene, 4:05, I think is possibly when he gets to the crime scene, 4:25 language gets there. And Fuhrman kind of takes them around the crime scene and he is then asked to lead Vannatter and Lange to Mr. Simpson's house.

Now, the reason given, well, let me go back, I apologize. By now, we're at 5 o'clock in the morning there's 23 LAPD officers at the scene.

The people in charge are Vannatter and Lange. They're in charge. They're the detectives in charge from RHD of that crime scene. They, with the two detectives who were in charge of that crime scene, leave 23 detectives at 875 south Bundy with two dead human beings, a glove, cap, blood every where and drive in two cars to 360 north Rockingham.

And the reason they say they do this is because Commander Bushy of west L.A.P.D. had told Ron Phillips to give Mr. Simpson personal notification of the death of his former wife. They didn't know if Mr. Simpson was there. They didn't know.

10 MR. PETROCELLI:

This is argument, Your Honor.

11 THE COURT:

Sustained.

12 MR. BAKER:

The evidence will show they had no idea if Mr. Simpson was home. The evidence will show that these four detectives went over to Mr. Simpson's house to further an investigate Mr. Simpson, who was then a suspect. The evidence will show that they abandoned the crime scene at 875 south Bundy and went to Rockingham. Ladies and gentlemen, at approximately 5:05 the morning of the 13th, they have arrived at Mr. Simpson's estate and they ring the intercom and no one answers. (Indicating to drawing labeled Rockingham avenue).

Because Mr. Simpson is in Chicago, his housekeeper Gigi had called him earlier in the evening. She usually comes back on Sunday nights. She called earlier in the evening. She was at Knotts Berry Farm. It was Phillipino new year and she wanted to know if she could stay out. And, of course, O.J. said sure. No one's home.

Now, at this point in time, the evidence will indicate that Mr. Fuhrman leaves the rest of the detectives and he goes and finds what he believes is the Bronco askew.

Phil, you want to put the Bronco up again? (Photo is displayed). You want to back it up a little so we can see the angle?

13 MR. BAKER:

Thank you. He says that's askew and that was his first indication that something may be wrong. He then says that he finds a blood spot.

14 MR. PETROCELLI:

Your Honor this is outside of the scope of the court order yesterday.

15 MR. BAKER:

I'll withdraw it. It is then reported to Vannatter and Lange that Fuhrman, all by himself, discovers a blood spot above the left door handle.

Will you put that up please?

Now, mind you, it is dark. There is the door handle. (Indicating to photograph displayed). There is the blood spot that he says is a blood spot. It's one quarter of an inch and I guess one 16 of an inch wide. The LAPD never even does a presumptive test. To this day, we don't know if that was blood or not.

Now, you've heard from Mr. Petrocelli that that was discovered by Fuhrman and seen by the other, three detectives, three blood spots on the door seal.

Ladies and gentlemen, the testimony will be that there were no other blood spots available. In fact, the car was locked as has been testified to because you couldn't see any other blood spots unless you unlocked the door of the vehicle.

16 MR. PETROCELLI:

All argument, Your Honor. All argue -- oral argument.

17 THE COURT:

Sustained.

18 MR. BAKER:

The evidence will be that not one of the three other detectives will testify that they saw any blood spots on the door seal because they couldn't see him with the door closed. Let me -- it's outside of the court's order. THE COURT: What, which order?

19 MR. PETROCELLI:

The order regarding planting of evidence. This is specifically outside the court's order.

20 THE COURT:

I'll see counsel at bench with the reporter.

Temperature

tense

Key Quotes (5)

Robert Baker
She is told by the LAPD, she told that doesn't fit our time line and she's never contacted again.
Baker's core alternative-suspect argument: LAPD allegedly suppressed witnesses who contradicted their timeline targeting Simpson.
Robert Baker
There is no other piece of evidence with the detective pointing at it on a picture taken anywhere.
Singling out the Rokahr photo of Fuhrman pointing at the Bundy glove as uniquely suspicious — implying planting without saying it directly.
Robert Baker
They abandoned the crime scene at 875 south Bundy and went to Rockingham. Ladies and gentlemen, at approximately 5:05 the morning of the 13th, they have arrived at Mr. Simpson's estate.
Central police-misconduct thread: four lead detectives left two bodies and a glove-strewn scene to investigate Simpson at his home.
Robert Baker
The LAPD never even does a presumptive test. To this day, we don't know if that was blood or not.
Attacking the Bronco blood spot — the key evidence tying Simpson to post-crime bleeding — by arguing it was never scientifically confirmed.
Robert Baker
You will hear evidence that the attacker had to be covered in blood.
Baker uses this to implicitly argue Simpson, seen boarding a plane without visible blood, could not have been the killer.

Evidence (9)

Informal
Photo of Fuhrman pointing at the Bundy glove, taken by LAPD photographer Rolf Rokahr at approximately 3:25 AM
discussed as circumstantially suspicious
Informal
14 blood stains on Nicole's clothing consistent with Ron Goldman's blood; 3 stains on Goldman's clothing consistent with Nicole's blood
discussed to establish victim interaction and crime scene geography
Informal
Envelope containing Judy Brown's glasses, found near the gate area between the two bodies
discussed as crime scene location marker
Informal
Cap and glove found near Goldman's feet beside a bush at the gate enclosure
discussed as crime scene evidence
Informal
Cut on Ron Goldman's left boot, consistent with kicking at an attacker
discussed as evidence of struggle
Informal
Blood spot above the left door handle of the Bronco, approximately 1/4 inch by 1/16 inch
challenged — Baker argues no presumptive test was ever performed
+ 3 more

Notable Exchanges (3)

Robert BakerDaniel PetrocelliHiroshi Fujisaki
Petrocelli objects that Baker misstated his prior statements about the sequence of deaths; Fujisaki sustains conditionally ('if that's not what you said'); Baker disputes it but moves on.
strategic
Robert BakerDaniel PetrocelliHiroshi Fujisaki
Petrocelli objects that Baker's discussion of the Bronco blood spot violates a court order on planting of evidence; Fujisaki calls a bench conference with the reporter.
heated
Robert BakerHiroshi Fujisaki
After Baker withdraws the Bronco/court order point, Fujisaki asks which order Petrocelli means — suggesting the judge himself needed clarification on the scope of his own prior ruling.
procedural

Light Moments (2)

Robert Baker
Baker blesses someone who sneezes mid-argument: 'I sit up here and talk for long periods of time. I definitely try not to but I make some mistakes.'
Robert Baker
Baker self-corrects on the record that he previously confused Heidstra and Dr. Huizenga by name during an earlier session.

Credibility Attacks (4)

⚔ LAPD (Fuhrman, Vannatter, Lange, Phillips)
evidence handling failures and investigative abandonment
Baker argues the four lead detectives left an active double-murder scene — with two bodies, a glove, and blood everywhere — to drive to Simpson's home, which he characterizes as abandoning the crime scene to pursue a predetermined suspect.
⚔ Mark Fuhrman
circumstantial photo evidence and timing argument
Baker points to a photograph of Fuhrman pointing at the Bundy glove at 3:25 AM, noting it is unprecedented for a detective to be photographed pointing at specific evidence, and argues Fuhrman had unexplained time between 2:30 and 4 AM he will account for during trial.
⚔ Officer Riske
improper evidence handling
Baker argues Riske picked up Nicole's phone and called the west LA police department, thereby erasing the last outgoing call from the phone — destroying potentially critical evidence of who Nicole last contacted.
⚔ LAPD generally
witness suppression / tunnel vision
Baker cites Donna Marshall (told her 11 PM argument 'doesn't fit our timeline') and the two rollerbladers (interviewed once, never re-contacted after Lange confirmed their location was the crime scene) as witnesses ignored because they complicated the case against Simpson.

Objections

6 objections (4 sustained, 0 overruled)
Proceeding 8011 • 20 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 24, 1996 📄 Opening statement — Baker (par
OCT 24, 1996 KRT DvH TD