Detective Phillips, was it your intention when you took the stand today, to make sure that your testimony before this jury was as accurate and truthful as possible?
I reviewed my transcript of the trial. I had one or two meetings with the plaintiffs' attorneys in preparation for my testimony here.
That's basically all I've done.
You had a meeting last night over at the Doubletree Hotel with the plaintiffs' attorneys; is that correct?
Did you have a meeting at any time recently at the Doubletree Hotel with the plaintiffs' attorneys?
I'm sorry; I misspoke.
When you met them this morning, Officer Thompson was also there; is that right?
And you went over with the plaintiffs' attorneys, the questions you would be asked and the answers you would give?
It was a photograph of the north -- the east-west walkway on the north side of the property.
Were you there when the plaintiffs' attorneys were showing Officer Thompson some photographs?
Were you present when they were interviewing or discussing anything about this case with Officer Thompson?
No; I believe they left. I was eating breakfast in the restaurant, and Thompson and one of the attorneys left.
There's an investigator named Otis Marlow that has come by the station. He basically just set up times when I was to meet with Mr. Medvene, to see what my schedule and their schedule was, and when that would be.
And he had some role in the investigation, correct, of Mr. Simpson during the criminal case, right?
I have no idea what role he had. He works out of downtown, sir. I don't know who worked on this case out of downtown.
Okay. And in particular, did you look at the section that dealt with the discussion that you had with Mr. Simpson when he was in Chicago, the telephone discussion?
I looked at that in the transcript, and I also viewed that in the document that I had prepared.
Okay. When you're referring to a document you prepared, you're referring to the report that you made of that?
By the way, that's the only report that you made involving your activities of June 13, 1994; isn't that right?
You didn't make any report about any observations of blood or anything else you made at either the Bundy or Rockingham crime scene; isn't that correct, sir?
So when you were testifying today about observations you made, that was from memory, wasn't it?
Prior to the criminal trial, sir, did you make sure that you reviewed any relevant materials, including your reports an reports of other officers, in order that your testimony would be accurate and truthful, sir? Did you do that?
(BY MR. LEONARD) When you had your meeting with the plaintiffs' attorneys this morning, did you go over the part of your testimony that dealt with the discussion you had with Mr. Simpson when he was this Chicago?
Did you go over that in particular?
No. My discussion this morning was over breakfast. And I looked at one photograph, and then Mr. Thompson and Mr. Medvene left, and I continued to eat my French toast.
KEY QUOTENow, on prior occasions when you have met with plaintiffs' attorneys, did you talk about your discussion with Mr. Simpson in Chicago, a telephone discussion, is that something that you did with them?
Okay. And have you always told them the same version that you told the jury today about that telephone discussion?
I'd like to think I've told it the same way every time, except for a few words that may get changed here and there. But the basic meat of it, I think, is the same.
Well, can you think of any words right now that you didn't tell this jury that you've testified to before about this conversation?
Yes.
Can you think of any words that Mr. Simpson spoke to you or you spoke to Mr. Simpson during that telephone conversation that you didn't tell this jury about this morning --
Have you ever appeared, or have you ever attended any kind of rallies or anything like that or any kind of publication in support of the Ron Goldman Foundation?
Other than to say hi to him and how are you doing, and hope your family is doing fine, and he asks me the same. And that's basically been our conversations.
Do you feel like your testimony has been not colored at all by any feelings that you have about the result of the criminal case?
Sir, I got up here and testified to what I believe I remembered, exactly like I did in the criminal case. No different.
Now, Mr. Medvene had asked you a number of questions about your discussion with Mr. Simpson.
Your telephone discussion on the 13th, for instance, he asked you if Mr. Simpson asked any questions about how Nicole Brown Simpson was killed. Do you remember that?
And -- well, isn't it true that Mr. Simpson asked you repeatedly, "What do you mean, Nicole's been killed?"
Do you are remember that?
He wasn't asking me -- he was talking on the telephone, going, "Oh, my God. Nicole is dead. Oh, my God. Nicole is dead."
Did he or did he not say to you repeatedly, "What do you mean, Nicole has been killed?"
Didn't he say that to you?
Do you remember testifying at the criminal trial with regard to this very same discussion at page 15221 -- starting at 15220. And it was your answer to the question:
"Q. So you never responded to Mr. O.J. Simpson's request, 'What do you mean she's been killed?'
And it is your statement that he was upset at this point; was he not?
"A. Yes, he was."
Do you remember giving that answer to that question?
Okay. Next:
"Q. And you expected -- and then he went to say, 'Oh, my God, Nicole is dead. Oh, my God.' And he continued repeating himself in and upset fashion; isn't that correct?
"A. Yes, he did.
Do you remember that?
Yes.
"Q. At some point, didn't you try to get him to get hold of himself from an emotional standpoint?
"A. Yes, I did.
"Q. And he kept repeating himself, 'she's been killed? What do you mean she's been killed? Oh, my God, Nicole is dead,' and repeated himself over and over again.
"A. That's correct.
Did you give those responses to those questions at the criminal trial, sir?
Okay. So, in fact, Mr. Simpson did say to you over and over again, "What do you mean, she's been killed?" Isn't that right, sir?
And is there any reason in particular why you didn't tell that to this jury this afternoon?
Well, he said that, and then he said, "Oh, my God, Nicole's been killed; Oh, my God, Nicole is dead" over and over again.
My question, sir, is: Is there any reason in particular you failed to tell this jury that Mr. Simpson asked you the question, "What do you mean, she's been killed?"
I answered the questions to the best of my recollection today. If I answered it differently back then, that's the answer I gave back then. That's the answer I gave today.
KEY QUOTEAll right. But you would agree that your recollection back then was better than it is today --
Jurors, hello.
You don't compare notes. If you've got questions, you ask the Court. You're not to talk about this case. Those notebooks and pencils we've given you are for you to take notes. What transpires in this trial is recorded by the reporter. If there's any discrepancy between what was wrote down and what you recall, you ask the Court, and the Court will have the reporter read it back to you.
You're not to discuss what you're writing down on your notes. Okay. Three of you jurors were conferring amongst yourselves about what you've been writing. Don't do that. Those notes are only your own personal notes, not your fellow jurors' notes
Everybody understand that?
(BY MR. LEONARD) I show you what's been marked as 2106.
And take your time and look at it; tell me what it is.
You certainly would agree that your memory, as memorialized in that document, is much better than it is today, wouldn't you, sir?
Now, I want you to read, if you will -- I think it's seven -- actually read one, two, three, four, five, six, seven -- why don't you read it starting with the, "I obtained the O'Hare Plaza Hotel," that paragraph. I want you to read that out loud to the jury.
I obtained the O'Hare Plaza Hotel phone number from information and called the hotel.
I asked for the room of Mr.` O.J. Simpson. I was connected, and a male voice answered. I asked the person if he was O.J. Simpson, and the voice responded yes.
I advised Mr. Simpson that I was Detective Ron Phillips of the Los Angeles Police Department, and that I had to relay some bad information to him. I advised Mr. Simpson that his ex-wife, Nicole, had been killed.
Mr. Simpson replied, "What do you mean, she has been killed? Oh, my God, Nicole is dead. Oh, my God."
Well, you can have -- on your redirect, you can have him read the whole thing, if you like, okay?
I believe Mark Fuhrman came to work the robbery table in 1991 or 1990. I don't recall for sure what year he came to the robbery table where I was working.
And when he arrived, when he came to the -- what does "table" mean? What do you mean by that?
In the detective division, it's a an old phrase because we used to all have tables instead of desks -- now we've gotten modern -- and two detectives sat at each table, and the tables butted against each other. It's a term that came up, that we work a table -- that is a robbery unit, a homicide unit and a burglary unit and an auto unit, so forth -- we work the robbery unit, that desk.
And Mark Fuhrman came to work with for the robbery unit.
When Mark Fuhrman came to the robbery unit, Bob Tapia was his supervisor. Then I was promoted to Detective II, and I out-ranked him -- I always out-ranked him -- but we didn't work together; we worked the same table.
And then when he was sent to the homicide unit, I became a D-3. I became his immediate supervisor.
And in -- in relation to June 12, 1994, when is it that you became Mark Fuhrman's immediate supervisor? In other words, was it a year before, two years before?
Well, again, I was his supervisor, a D-2 when he was a D-1 in robbery. But I was not his supervisor, like I was as a D-3; Bob Tapia was.
There's 3 ranks of Detective: Detective 1, 2, and 3. The D-3 is the overall detective supervisor; a D-2 is in the middle, and he out-ranks the D-1, and basically can tell them what to do and approve his reports, but I was not his ultimate supervisor.
When I went to work in the homicide unit, I believe in March -- February or March of '94 and Mark Fuhrman was working the homicide unit, I went there as a D-3 and I became his immediate supervisor, his ultimate supervisor.
So for about three or four months prior to June 12, 1994, you were his immediate supervisor?
Mr. Simpson replied, 'What do you mean, she has been killed? Oh, my God, Nicole is dead. Oh, my God.'
He wasn't talking to me; he was talking to himself. I was listening.
I answered the questions to the best of my recollection today. If I answered it differently back then, that's the answer I gave back then. That's the answer I gave today.
Only to the news media.
My discussion this morning was over breakfast. And I looked at one photograph, and then Mr. Thompson and Mr. Medvene left, and I continued to eat my French toast.