Cross-examination of O.J. Simpson (part 2)

📄 Cross-examination of O.J. Simpson (part 2) — Tuesday, February 4, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\4\CROSS-EXAMINATION-OF-O-J-SIMPS.DOC

TRIAL

▲ Day 53 of 57

◀ Redirect examination of O.J. Simpson (part 1) Direct examination of Al Cowlings ▶

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Plaintiff • Date: Tuesday, February 4, 1997 • Utterances: 115

Plaintiff's attorney Daniel Kelly cross-examines O.J. Simpson about the January 1, 1989 New Year's Day domestic violence incident at Rockingham. Kelly plays the 911 tape (Exhibit 1) and presses Simpson on his admission that he was 'very, very physical' with Nicole, that he viewed the incident as a 'family matter,' and that he made an unusual return to Rockingham — parking on Bristol, going through a neighbor's property — before a second alleged confrontation. The proceeding ends mid-examination when a juror signals they've heard enough of this line of questioning.

# 1 A:

Yes.

# 2 Q:

And after she had been downstairs, she went out the back door prior to you going up there, did she not?

# 3 A:

The back door was open; yes.

KEY QUOTE

# 4 Q:

She went up before you?

# 5 A:

Yes.

# 6 Q:

And she also went into Michelle's bedroom before you, did she not? She went out before you got up?

# 7 A:

That's correct.

# 8 Q:

After she had been in Michelle's bedroom, she left there before you, also, did she not?

# 9 A:

That's correct.

# 10 Q:

And after she left Michelle's bedroom the second time, she remained hiding out in the bushes till the police arrived, also, did she not?

# 11 A:

I'm not aware that -- she left Michelle's bedroom on two occasions, and the one occasion she went out. I don't know where she went.

# 12 Q:

Well, she was outside when the police arrived, was she not?

# 13 A:

That's what I'm told.

# 14 Q:

Now, isn't it a fact, Mr. Simpson, that when you walked into Michelle's room and she was on the phone, you hit her at that time?

# 15 A:

No, that's not.

# 16 MR. KELLY:

Steve, can you play Exhibit 1, please.

# 17 MR. BAKER:

Your Honor, I object to playing the tape.

# 18 MR. KELLY:

I'm not playing the whole thing, just ten seconds.

# 19 MR. BAKER:

I don't care.

# 20 THE COURT:

Overruled. (Plaintiffs' Exhibit 1, 911 tape, is played.)

# 21 Q:

(BY MR. KELLY) Can you stop. Do you hear those screams, Mr. Simpson?

# 22 A:

Yes.

# 23 Q:

Is that Nicole?

# 24 A:

I would assume so.

# 25 Q:

Okay. And if an experienced 911 operator testified that she could hear someone being hit on the other end of the line --

# 26 MR. BAKER:

I object. This is improper.

# 27 Q:

-- would she be mistaken, Mr. Simpson?

# 28 THE COURT:

Sustained.

# 29 Q:

(BY MR. KELLY) Now, when the police arrived, you didn't think they had a reason to be there because you saw it as a family matter; is that correct?

# 30 A:

I don't know if I had at the time, but when the police arrived they got started in an argument with me.

# 31 Q:

What I'm asking you, you basically saw that as a family matter at that time, did you not?

# 32 A:

Yes.

# 33 Q:

Okay. And you saw it a as a family matter because you basically just restrained Nicole and wrestled with her a little bit, correct?

# 34 A:

I don't think that was my testimony.

# 35 Q:

Well, I'm asking you now, is that --

# 36 A:

No.

# 37 Q:

Is that how you view a family matter?

# 38 A:

I said I was very, very physical in getting her out of the bedroom. And I got her out of the bedroom, but it was very physical.

KEY QUOTE

# 39 Q:

Once again, my question to you is: When the police arrived, you saw it as a family matter?

# 40 A:

Yes.

# 41 Q:

Okay. Now, it's also your testimony that you left in your Rolls with the police there because your daughter Arnelle, and Michelle, your housekeeper, didn't want you in an argument with the police officers; is that correct?

# 42 A:

That was part of it, yes. I made comments of that.

KEY QUOTE

# 43 Q:

And at the time you left, the police weren't even on your property, were they?

# 44 A:

You know, I couldn't see them. They were on Ashford, so I didn't see where they were. But I knew they were parked over on Ashford.

# 45 Q:

But you never saw them on your property, did you?

# 46 A:

I believe that Officer Edward, at one point, walked onto my property. But when I left, they were outside the wall, I presume. I didn't know they were -- you know, I had assumed they were still outside the wall over there.

# 47 Q:

They were outside the gate, also?

# 48 A:

That's correct.

# 49 Q:

And that's a big, six-foot iron gate?

# 50 A:

I don't believe so. Oh, you mean the wrought iron gate at the gate? Then I had a wall. You couldn't see them through the gate, where they were parked. They were behind the wall.

# 51 Q:

In any event, you could have walked outside your house at this time, could you not, Mr. Simpson?

# 52 A:

Yes.

# 53 Q:

But instead, you got in your Rolls and left. And in your mind, I believe you indicated you felt you were free to leave then; is that correct?

# 54 A:

Yes.

# 55 MR. BAKER:

Asked and answered, Your Honor.

# 56 THE COURT:

Overruled.

# 57 Q:

(BY MR. KELLY) And the police never told you, as you testified, that they were going to place you under arrest at the time for spousal battery, correct?

# 58 A:

Absolutely not.

# 59 Q:

Okay. And after you left there, you drove over to your friend, Alan Schwartz's house, did you not?

# 60 A:

Yes.

# 61 Q:

How far is that from your house, Mr. Simpson?

# 62 A:

A mile.

# 63 Q:

Did you park on the street when you got there?

# 64 A:

Yes.

# 65 Q:

You didn't park in the driveway?

# 66 A:

Maybe the driveway. I don't know. There was a parking area that's right next to his garage, so I may have pulled into that area.

# 67 Q:

In fact, you did park there in that area, didn't you, Mr. Simpson?

# 68 A:

I may have. I'm not certain. It's normally where I would park when I go to his house.

# 69 Q:

You didn't have a flat tire when you got there, did you?

# 70 A:

No.

# 71 Q:

You didn't run out of gas?

# 72 A:

No.

# 73 Q:

Okay. Now, by the way, what year was this Rolls Royce?

# 74 A:

I don't know.

# 75 Q:

Was it a vintage car, an older car?

# 76 A:

No.

# 77 Q:

Okay. And do you recall what the license plates were?

# 78 A:

No.

# 79 Q:

Okay. Did you have your "juice" plates on it at that time?

# 80 A:

No.

# 81 Q:

Now, there came a time when a little later, after you had gone to Alan Schwartz's house, that you went back to Rockingham, right?

# 82 A:

Yes.

# 83 Q:

And you drove Alan Schwartz's car back there, did you not?

# 84 A:

Yes.

# 85 Q:

When you drove Alan Schwartz's car back there, other than your Rolls Royce, you didn't pull into your driveway, did you?

# 86 A:

No.

# 87 Q:

And you didn't park in front of the Rockingham gates, did you?

# 88 A:

No.

# 89 Q:

And you didn't park in front of the Ashford gate, did you?

# 90 A:

No.

# 91 Q:

In fact, you parked up the street on Ashford, on the opposite side facing west, did you not?

# 92 A:

No.

# 93 Q:

Where did you park?

# 94 A:

On Bristol.

# 95 Q:

Parked on Bristol, actually, around the corner from Ashford?

# 96 A:

Yes, at the house, on the other side --

# 97 Q:

Okay.

# 98 A:

-- of my house.

# 99 Q:

And after you parked your car on Bristol, you then climbed over a fence on the abutting property and then walked into your backyard, did you not?

# 100 A:

No.

# 101 Q:

Never climbed over a fence?

# 102 A:

No.

# 103 Q:

Okay. And after you had gone through the Von Watts backyard -- that's what you did, isn't it?

# 104 A:

Tennis courts.

# 105 Q:

And you went through your backyard, you went into your house again, did you not?

# 106 A:

Yes.

# 107 Q:

And you started up with Nicole a second time that night, didn't you, Mr. Simpson?

# 108 A:

No.

# 109 Q:

You were having a fight with her again, weren't you, Mr. Simpson?

# 110 A:

No.

# 111 Q:

And in fact, Michelle, your housekeeper, called your dear friend, Al Cowlings, to come over at this time, did she not?

# 112 A:

I have no idea. (Juror raises hand)

# 113 THE COURT:

Okay. Jury has heard what they wanted to here of plaintiff Kelly examination of O.J. Simpson; is that correct? JURORS: (Nod.)

# 114 THE COURT:

Then go to 12 slash 3, December 3 Al Cowlings' direct testimony re January 1 incident from arrival at Rockingham to the end. (Reading continues) AL COWLINGS, called as a witness by the Plaintiff, was sworn and testified as follows: DIRECT EXAMINATION

# 115 Q:

Now, can you tell me what you did upon your arrival at Rockingham that -- By the way, was it still dark out when you headed over to Rockingham?

Temperature

tense

Key Quotes (4)

O.J. Simpson

I said I was very, very physical in getting her out of the bedroom. And I got her out of the bedroom, but it was very physical.

Simpson's own words constitute a damaging admission of physical force against Nicole during the 1989 incident, undermining his minimization of the event as a 'family matter.'

O.J. Simpson

Yes.

Simpson confirms he viewed the 1989 incident as a 'family matter' — a recurring answer that Kelly uses to expose Simpson's dismissive attitude toward spousal battery.

O.J. Simpson

Tennis courts.

Simpson corrects Kelly's characterization of 'climbing over a fence,' clarifying he went through a neighbor's tennis courts — confirming the covert re-entry to Rockingham while denying the more dramatic version.

O.J. Simpson

I would assume so.

When asked if the screams on the 911 tape were Nicole's, Simpson's hedged answer reads as evasive rather than exculpatory.

Evidence (1)

Plaintiffs' Exhibit 1

911 tape from the 1989 New Year's Day domestic violence incident at Rockingham

Played in court — ten seconds selected by Kelly over Baker's objection

Notable Exchanges (3)

Daniel Kelly•O.J. Simpson

Kelly plays the 911 tape and asks Simpson if the screams belong to Nicole; Simpson says 'I would assume so.' Kelly then attempts a hypothetical about the 911 operator hearing someone being hit, which is sustained on objection.

strategic

Daniel Kelly•O.J. Simpson

Kelly systematically establishes that Simpson left Rockingham in his Rolls while police were there, then covertly returned — parking on Bristol, going through a neighbor's tennis courts — to get back into the house while allegedly starting a second confrontation with Nicole.

revealing

Judge Fujisaki•Jurors

A juror raises their hand mid-examination to signal they've heard enough of Kelly's questioning of Simpson on this topic; Fujisaki redirects to Al Cowlings' direct testimony about the same incident.

procedural

Light Moments (1)

Daniel Kelly

Kelly asks if Simpson had his 'juice' plates on the Rolls Royce, using his nickname in an otherwise grim line of questioning.

Credibility Attacks (2)

⚔ O.J. Simpson

prior inconsistent statement / own admission

Kelly gets Simpson to simultaneously claim the incident was a 'family matter' and that he was 'very, very physical' — using Simpson's own words to undercut his minimization of the violence.

⚔ O.J. Simpson

conduct inconsistent with innocence

Kelly establishes Simpson's unusual behavior: departing in the Rolls while police were still present, then making a covert return by parking on Bristol and cutting through a neighbor's property rather than using his own driveway or gate.

Witness Demeanor

Simpson repeatedly gives minimal 'Yes' and 'No' answers under pressure, then elaborates only when cornered.

Simpson corrects Kelly's characterization ('Tennis courts') — a rare moment of precision that inadvertently confirms the covert re-entry.

(Juror raises hand) — jurors signal they have heard enough of this examination.

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 8877 • 115 utterances • Plaintiff witness

Civil Trial

Department 103