📄 Opening statement — Kelly — Thursday, October 24, 1996
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C:\DEPT103\CIVIL\1996\OCT\24\OPENING-STATEMENT-KELLY.DOC
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▲ Day 2 of 57

Opening statement — Kelly

Date: Thursday, October 24, 1996 • Utterances: 4
John Kelly delivers the opening statement for plaintiff Louis Brown, tracing the arc of OJ Simpson and Nicole Brown Simpson's relationship from her departure in January 1992 through the night of the murders on June 12, 1994. Kelly methodically builds a portrait of Simpson as obsessive, controlling, and prone to uncontrollable rage, culminating in the devastating image of Sydney waking to find her mother dead outside in the same dress she wore to the dance recital. The statement frames the murders as the inevitable end of a years-long pattern of domestic violence and escalating psychological control.
1 MR. KELLY:

Thank you. Good morning.

2 JURORS:

Morning.

3 (Opening statements by Mr. Kelly on behalf of Plaintiff Louis Brown)
4 MR. KELLY:

Almost three years to the date of the horrific 1989 experience that we talked of yesterday, the New Year's Day morning incident, Nicole, with her children, ups and leaves Mr. Simpson. This is in early January, 1992. This was done with little notice. Nicole gets her own house in Brentwood on Gretna Green, and starts a new life for herself.

What you will then hear is that Mr. Simpson acted in a most peculiar manner. You will hear how even his friends were embarrassed in the way he conducted himself.

You will hear about Mr. Simpson's obsessiveness, his pursuit of Nicole, how he's phoning friends and family constantly, discussing how to get her back, and all the while, wanting to know her every move.

Prior to January, 1992, Mr. Simpson would socialize with the Browns. And he and Judy Brown, in particular, Nicole's mother, were on friendly terms. And you'll hear there was no real special relationship between them.

However, you'll hear that after Nicole left Mr. Simpson in January 1992, the defendant started calling Mrs. Brown every single day. And many times, she -- he would call her five, six, seven times a day, discussing Nicole, wanting to know why she left him, wanting to know how he could get her back, wanting to know what she was doing on that day, who she was with, where she was,

You'll hear testimony that there even were times that Judy Brown would act -- well, she might be in the kitchen cooking dinner or something -- she would actually put down the telephone while Mr. Simpson was on the other end, talking about Nicole, and just leave it there for five and ten minutes at a time, and she would pick it up again and Mr. Simpson would still be talking, not knowing that Judy Brown had even put the phone down.

It shows the extent of his mindset and obsessiveness with these phone calls.

You'll also hear that there were even times when Mr. Simpson would pick up the phone and would call Judy Brown at night and tell her that he was in his car, parked out in front of Nicole's house on Gretna Green, just sitting there at night, thinking about Nicole.

After a while, though, you'll hear also that Mr. Simpson worked through this portion of the relationship.

Nicole started to date other men. And in May 1992, Mr. Simpson started dating someone else, Paula Barbieri. Mr. Simpson's obsessiveness for Nicole waned, the pursuit ceased, and the divorce that was imminent was finalized in October 1992. They went their own ways for a while, Nicole and Mr. Simpson.

Now, as we move into 1993, the relationship took on a different dimension altogether. You will hear that Nicole decided that life as a family for she and her children was more important than anything that may have happened in the past between she and Mr. Simpson. Nicole now began calling Mr. Simpson, stopping by, sending letters, and even videos of she and the children.

And at this point, Mr. Simpson resisted her overtures. However, over a period of time, to about May 1993, Mr. Simpson relented, went back to Nicole, and they started dating again in May 1993. Although Nicole continued to live separately at her house at Gretna Green with the children, they started to do more as a family again.

And there's a period of time here for about six months or so that things were status quo between the two of them; they were acting as a family; they were dating a couple times a week.

And then things turned ugly again. And you're going to hear what happened on October 25, 1993.

Mr. Simpson was over at Nicole's place on Gretna Green, and the subject of a former boyfriend of Nicole's came up. And just like in 1989, Mr. Simpson went into an uncontrollable rage. When this first happened, Mr. Simpson went home and he called Nicole, and the argument that had started her house continued over the phone. And Nicole hung up the phone. The calls kept coming, so what she did was, she left the phone off the hook.

Mr. Simpson was being ignored by Nicole.

What he did was, he got into his car and he drove over to Gretna Green. At that time, Nicole was frightened, scared, panicked, and immediately called 911 when she heard Mr. Simpson pull up to the house.

You people have the opportunity yourselves to hear Nicole and to hear Mr. Simpson on this night when he arrived over at Gretna Green. You'll hear the dark side of Mr. Simpson, the irrepressible anger that he exhibited at this time. And just like in 1989, you will hear also his total disregard for law enforcement when they showed up there. You will hear his total disregard for the children that were in the house at that time. You'll hear his rage.

You'll also hear the fear in Nicole's voice, the panic of the woman who had previously been beaten by this powerful man with his huge hands, the man who, you will hear, is kicking down her door during the course of this 911 call.

You'll also hear Nicole tell the 911 operator, "I don't want to stay in the house. He's going to beat the shit out of me."

Fortunately, Nicole was never struck by Mr. Simpson, and she stays on the line with the 911 operator until the police arrive.

And Kato Kaelin, who was staying out in the guest house, was there also, had shown up at the same time.

But once again, you're going to hear also the deference shown to Mr. Simpson by the LAPD after this incident.

Nicole and Mr. Simpson still keep dating on and off, but the relationship is doomed now for a second time, after the second incident.

In January 1994, Nicole moves out of Gretna Green and moves around the corner to a condominium on Bundy Street, and begins living there.

Going to April, now, of 1994, you're going hear that Nicole and Mr. Simpson and the children went on an abbreviated vacation in Cabo San Lucas. You're going to hear that the relationship just wasn't working at that time, and after this vacation, that ended it. It was just April 1st to the 3rd of 1994.

Mr. Simpson went onto Puerto Rico, where he was filming a movie, and Nicole went back to her home on Bundy with her children.

On May 1, Mr. Simpson returns from Puerto Rico. At this point, the relationship between he and Nicole goes into a free-fall and irreversible downward spiral.

You'll hear on Saturday, May 8, which was Sean, Denise Brown's little boy, was his first communion down in Laguna, that Mr. Simpson drove down there to keep a date with Nicole that evening.

You'll hear that they fought, fought in a very bitter manner before they even went out on that date. You will also hear that Nicole left the children with her parents that night at their house because she and Mr. Simpson were going out on this date, and intended to leave them there overnight. But then you'll hear that Nicole showed up shortly after she left the children there, stressed, angry, not talking to Mr. Simpson, to pick up the kids after an abbreviated night.

The next day was Sunday, May 9, Mother's Day. Mr. Simpson and Nicole were at the Browns' then, at Laguna, also. And you'll hear that the tension was extraordinary between Mr. Simpson and Nicole. It was a very uncomfortable situation the entire day.

After May 9, Mr. Simpson starts dating Paula Barbieri again.

On May 14, you'll hear that Mr. Simpson missed his daughter Sydney's first communion. On May 19, it was Nicole's birthday, and you will hear that Mr. Simpson gave her a very expensive emerald bracelet.

But then you'll hear that on May 22, things changed for good. It was on that date that Justin, the younger of the two children, his Sunshine School class picnic was being held at Rockingham. After the picnic, Nicole returns back with the children to Bundy, and Mr. Simpson came over.

There was a heated argument between the two of them at that time once again. And at this time, Nicole gave back Mr. Simpson the bracelet that he had given her three days earlier, also gave back to him a very expensive pair of diamond earrings, her favorite earrings, and told him it was over. This was it. She wanted nothing to do with him again. She wanted him out of her life for good. No more games, no more back and forth. It was over.

Nicole is rejecting, for the second time, Mr. Simpson.

You will hear shortly after that, that Mr. Simpson called Judy Brown, just like he had done on that prior occasion, too, right after Nicole had left him, but it's different this time; it's a short phone call. He says to Judy, "She's leaving me again, Judy."

Judy indicated that she knew.

And what Mr. Simpson says to her, he says, "Judy, I know the first time it was my fault, but this time, it's gonna hurt."

That's all he said: "It's gonna hurt." That was the last time Mrs. Brown heard from, saw, spoke to Mr. Simpson until after her daughter was murdered.

The first week of June, the relationship between Nicole and Mr. Simpson is in an extremely volatile state.

On June 8, Mr. Simpson goes to Bundy to pick up the documents. Nicole is there; she is right outside the on the balcony when he comes there.  They ignore each other; they don't speak. The tension is there.

Also, on June 6, there's mention before on what's referred to as the IRS letter, Mr. Simpson has hand-delivered to Nicole, a letter indicating that she may have engaged in some sort of tax improprieties when she purchased her house on Bundy. It was, in effect, going to blow the whistle on her.

Nicole was panicked, frightened, and felt that she and the children were going to end up out on the street because she was going to have to sell the condo and move somewhere again.

You will hear others describe how she reacted to this letter.

On June 7, you're also going to hear that Nicole realized that the keys to her condominium were missing, that Mr. Simpson had been there the day before, and on June 7, the keys that she kept in her kitchen to give access to the property and her home were missing; she couldn't find them. You'll hear that a search was conducted of the entire house, under furniture, everywhere, and Nicole was telling everybody of her panic because the keys to her condominium were missing.

You'll also hear how on June 7, Mr. Simpson missed Justin's graduation from the Sunshine School, and that he called that evening. Nicole handed the phone. No words were spoken to him.

Once again, these people are not talking. Things are heated. Actions are being taken between them. As I say, it's extraordinarily volatile at this time; the tension is increasing.

On June 8, Mr. Simpson composed another letter to Nicole, telling her never to utilize the services of her housekeeper to take care of the children.

He's turning up the heat a little bit.

On June 10, you'll hear now that Paula is back in the picture, that she's back at Los Angeles. She comes back, Mr. Simpson picks her up at the airport on Friday night, and she goes home with him and spends the night at Rockingham with Mr. Simpson.

On June 11, there's a benefit for the First Lady of Israel, a formal event that Mr. Simpson and Paula Barbieri attend together. They argue that night, Paula and Mr. Simpson do. They argue about Nicole. On that night, Mr. Simpson goes home alone to Rockingham, and Paula Barbieri goes her own way, back to her apartment on Wilshire.

At seven o'clock the next morning, on June 12, Paula Barbieri picks up the phone and leaves the message for Mr. Simpson that it's over between them, just leaves a message. And she, in turn, takes off for Las Vegas.

Mr. Simpson plays golf that day. And at Riviera Country Club, after he plays golf, he tries to get in touch with Paula Barbieri. He can't contact her. She's in communicado. She's in Las Vegas. He didn't even know she left town.

At five o'clock that day, there was a recital at Sydney's, the older daughter, school, a dance recital, something she practiced for, rehearsed for. It was for the parents that evening, a school event. All the Browns were going to be attending: Nicole's parents, her sisters, Justin. It was a family event. It was an annual event, too; they had done it in the past.

They were going to be going out to dinner afterwards as a family, as they always did, to put what differences they had in the past. The one thing Nicole and Mr. Simpson had been able to do was put aside their differences when they're around for children's events, go to the event together, going out together afterwards, and share this event as a family.

The relationship reached such a state at this point, that Nicole did not want Mr. Simpson around. He was given tickets to the recital, but the entire Brown family knew that Mr. Simpson was not invited out to dinner with them that night; he was not a welcome person. Nicole was not speaking to him, wanted nothing to do with him, and she did not want him to be part of the family anymore.

You'll hear how Mr. Simpson did appear at the recital by himself, that Nicole did not speak to him at all, nor he her, at the recital.

You'll also hear that Mr. Simpson was in a dark, black mood that day. You will hear people close to him, good friends, say that she they had never seen him that way before.

You're also going to see put into evidence snippets of his smiles, maybe a picture of he with Sydney, or a quick flash of a video of him with a less than moody face on him, but you will hear the testimony that over a period of hours what Mr. Simpson's mood and mindset was.

You'll hear how after the recital, the family and everybody did, in fact, go out to dinner together, and Mr. Simpson walked off and went home alone to Rockingham.

At 9 o'clock that night, Mr. Simpson calls Nicole's house. Nicole answers, doesn't speak to him. The situation is in the same state, the volatile state.

Mr. Simpson's only question to Nicole is, is Sydney asleep yet. Sydney goes to sleep sometime after 9 o'clock. When she awakes, her mother is lying out front in a pool of blood, still wearing the same black dress she had on at the recital.

They see death, and although death came quickly, it was not instantaneous.

The evidence will demonstrate Mr. Simpson's predisposition to an uncontrollable rage towards Nicole. That, along with the physical and forensic evidence presented, will make clear Mr. Simpson responsibility for these murders.

Thank you.

Temperature

emotional

Key Quotes (4)

John Kelly
Judy, I know the first time it was my fault, but this time, it's gonna hurt.
Simpson's own words to Nicole's mother after the final breakup — presented as a near-explicit threat, and the last time Judy Brown heard from him before her daughter was murdered.
John Kelly
I don't want to stay in the house. He's going to beat the shit out of me.
Kelly quotes Nicole directly from the 1993 911 call, putting her voice and fear into the courtroom record.
John Kelly
When she awakes, her mother is lying out front in a pool of blood, still wearing the same black dress she had on at the recital.
The closing image of Kelly's statement — visceral, precise, and devastating. Connects the family event to the crime scene in a single sentence.
John Kelly
She would actually put down the telephone while Mr. Simpson was on the other end, talking about Nicole, and just leave it there for five and ten minutes at a time, and she would pick it up again and Mr. Simpson would still be talking.
Illustrates the pathological nature of Simpson's obsession through Judy Brown's experience — darkly absurd and chilling at once.

Evidence (4)

Informal
October 25, 1993 911 call from Nicole's Gretna Green residence during Simpson's rage episode
discussed, previewed for jury as audio they will hear
Informal
IRS letter hand-delivered by Simpson to Nicole on June 6, 1994, implying tax improprieties in her home purchase
discussed as an act of intimidation and control
Informal
Emerald bracelet given by Simpson to Nicole on her birthday, May 19, returned by Nicole on May 22 along with diamond earrings
discussed as symbolic of Nicole's final rejection
Informal
Missing keys to Nicole's Bundy condominium, discovered gone on June 7 after Simpson's visit
discussed as evidence of Simpson's threatening conduct in the final days

Notable Exchanges (2)

O.J. SimpsonJudy Brown
After Nicole's final rejection, Simpson calls Judy Brown and says 'it's gonna hurt' — the last contact Judy had with him before Nicole's murder.
ominous
Nicole Brown Simpson911 operator
Kelly previews the October 1993 911 call in which Nicole, terrified, reports Simpson kicking down her door and states she fears he will beat her.
devastating

Credibility Attacks (1)

⚔ LAPD
pattern of deference
Kelly twice references 'the deference shown to Mr. Simpson by the LAPD' — after the 1989 incident and again after October 1993 — implying law enforcement enabled Simpson's continued abuse by failing to hold him accountable.

Objections

None recorded
Proceeding 7998 • 4 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 24, 1996 📄 Opening statement — Kelly
OCT 24, 1996 KRT DvH TD