Direct examination of Allan Park

📄 Direct examination of Allan Park — Tuesday, February 4, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\4\DIRECT-EXAMINATION-OF-ALLAN-PA.DOC

TRIAL

▲ Day 53 of 57

◀ Jury request for testimony reread Redirect examination of Allan Park ▶

Witness: Allan Park
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Tuesday, February 4, 1997 • Utterances: 573

Allan Park, the limousine driver assigned to pick up OJ Simpson on the night of June 12, 1994, testified in methodical detail about his arrival at Rockingham around 10:23 PM, his repeated failed attempts to buzz the house between 10:40 and 10:52 PM, and his eventual sighting of a large African-American man in dark clothing moving quickly into the house at approximately 10:54:30 PM — just as lights came on inside. Crucially, Park testified that no vehicle was parked at the Rockingham gate at any point during his repeated passes, and that he did not see Simpson at any time during his 30-minute wait outside the property.

# 1 A:

Morning.

# 2 Q:

In June of 1994, where were you employed?

# 3 A:

For Town and Country Limousine.

# 4 Q:

What were you doing?

# 5 A:

Driving limousines, chauffer.

# 6 Q:

Who was your boss?

# 7 A:

Dale St. John.

# 8 Q:

Let's go to June 12, 1994, okay? You were working for Town and Country?

# 9 A:

Yes, sir.

# 10 Q:

Okay. And did you get an assignment that day?

# 11 A:

Yes.

# 12 Q:

Do you remember what day of the week it was?

# 13 A:

I think it was the day before, Saturday.

# 14 Q:

And the assignment for -- Was for which day?

# 15 A:

For Sunday.

# 16 Q:

And who gave you the assignment?

# 17 A:

Dale St. John.

# 18 Q:

What was the assignment?

# 19 A:

The assignment was to pick up Mr. Simpson from 360 Rockingham.

# 20 Q:

Was that the extent of the instructions you got?

# 21 A:

No. The rest of the instructions were, pick him up at 10:45, have him at LAX for an 11:30 flight on American AIrlines.

# 22 Q:

Anything else?

# 23 A:

No.

# 24 Q:

What time did you leave your house?

# 25 A:

It was about 9:45.

# 26 Q:

P.M., right?

# 27 A:

P.M.

# 28 Q:

What kind of car were you driving?

# 29 A:

A stretch limousine.

# 30 Q:

What color?

# 31 A:

White.

# 32 Q:

Did Mr. St. John give you any directions to Mr. Simpson's house?

# 33 A:

No, he didn't.

# 34 Q:

And how did you determine how to get to Mr. Simpson's house?

# 35 A:

I looked at a Thomas Guide before I left.

# 36 Q:

Had you ever been to Mr. Simpson's house before?

# 37 A:

No, sir.

# 38 Q:

Had you ever driven Mr. Simpson before?

# 39 A:

No.

# 40 Q:

What route -- where were you coming from?

# 41 A:

Torrance.

# 42 Q:

And what route did you take from Torrance to Mr. Simpson's house?

# 43 A:

I took the 405 north to Sunset, which I made a left onto Sunset, traveling west, and made a right heading north up Rockingham.

# 44 Q:

Okay. And as you were turning north on Rockingham, did you have in your mind the street address you were looking for?

# 45 A:

Yes.

# 46 Q:

And what number did you have in mind?

# 47 A:

360.

# 48 Q:

And how did you go about locating 360 North Rockingham as you were driving north on Rockingham?

# 49 A:

By looking at the addresses on the curb.

# 50 Q:

Okay. And at some point did you notice the addresses getting closer to 360?

# 51 A:

Yes. First I determined which side the even numbers were on, and I proceeded up the street, looking at address numbers.

# 52 Q:

And did you have good vision?

# 53 A:

Yes.

# 54 Q:

Okay.

# 55 A:

Not great.

# 56 Q:

Were you wearing glasses?

# 57 A:

No.

# 58 Q:

Are you required to wear glasses?

# 59 A:

Not on my driver's license, no.

# 60 Q:

And did you have any problems seeing that night?

# 61 A:

No.

# 62 Q:

What kind of night was it?

# 63 A:

What kind of --

# 64 Q:

Was it raining?

# 65 A:

No, it was a clear night.

# 66 Q:

Clear. What was the temperature, if you remember?

# 67 A:

I don't remember that.

# 68 Q:

Did you have your window open, driver's-side window --

# 69 A:

Not --

# 70 Q:

-- as you were looking at the numbers?

# 71 A:

-- not that I recall.

# 72 Q:

Okay. Now, as you approached the addresses closer to 360, describe how it was that you came upon Mr. Simpson's house.

# 73 A:

I was looking at the addresses on the curb and noticed it was getting closer to 360. I determined that it was -- I don't remember the correct address, 322, 320, something like that, figured it would be a little bit farther, speeded up a little bit, and I finally caught 360 on the curb. I was going just a little bit too fast, so I slowed down immediately and noticed that he was on the corner lot, and saw the street Ashford, and made a right onto Ashford.

# 74 Q:

Where did you see the number 360 when you saw it for the first time?

# 75 A:

On the curb.

# 76 Q:

And where on the curb?

# 77 A:

On the curb, next to the driveway.

# 78 Q:

What driveway?

# 79 A:

The Rockingham driveway.

# 80 Q:

And when -- how fast do you think you were going when you saw the number 360 on the curb next to the Rockingham driveway?

# 81 A:

I don't remember. Twenty-five miles an hour, maybe.

# 82 Q:

Is there any doubt in your mind that you saw the number 360?

# 83 A:

No.

# 84 Q:

Is that the only way that you knew that that was Mr. Simpson house?

# 85 A:

Yes.

# 86 MR. PETROCELLI:

Let me put up 116 again. You've seen this exhibit quite a bit. Can you all see here? I think I might have been blocking your view yesterday. I'll try to stay out of your way. (Counsel displays Exhibit 116.)

# 87 Q:

(BY MR. PETROCELLI) Mr. Park, if you want to step down, with the Court's permission, and just show us -- I know this exhibit doesn't show Rockingham coming up from Sunset but just show the ladies and gentlemen of the jury which direction you were coming and where you saw the 360.

# 88 Q:

I was traveling north on this, Rockingham here, and the address would have been right about here. (Indicating.)

# 89 Q:

On the curb. Okay. And by the way, you see that vehicle there?

# 90 A:

Yes, I do.

# 91 Q:

Was a vehicle parked there when you saw 360?

# 92 A:

No, I didn't see one.

# 93 Q:

Okay. And you then went up to the corner of Ashford and did what?

# 94 A:

I came up to the corner. I decided that -- I figured out that he was on the corner lot, and I came up to Ashford, made a right, because as I was coming down Ashford, I noticed there was another gate right here on Ashford, so I proceeded on down the street. Would have been maybe off the screen. There's another driveway up above here (indicating) and pulled into the driveway and made a U-turn and came back and parked just about right here (indicating).

# 95 Q:

Okay. Now, when you when you made that -- when you were approaching Rockingham and you saw 360, you saw the gate, too; is that right?

# 96 A:

That's correct.

# 97 Q:

Did you know that there was even another gate on Ashford?

# 98 A:

No, I didn't.

# 99 Q:

You turned the corner and you drove down Ashford?

# 100 A:

That's correct.

# 101 Q:

When did you first learn there even was an Ashford gate?

# 102 A:

After I made the right-hand turn and came up on the gate. Now, I was driving a little bit slower and checking out the property.

# 103 Q:

Now, when you said you made a U-turn and you parked -- right?

# 104 A:

Correct.

# 105 Q:

I'll get back to times in a minute. But I just want to sort of get the general layout here. When you parked that car, you parked where, on the other side of the street?

# 106 A:

Yes.

# 107 Q:

Facing what direction?

# 108 A:

It would be west.

# 109 Q:

Facing this way (indicating)?

# 110 A:

Correct.

# 111 Q:

And had you made a decision at that time to use the Ashford gate instead of the Rockingham gate?

# 112 A:

No, I didn't. I still, in my mind, was going to use the Rockingham gate.

# 113 Q:

Then why were you parked here if you're going to use the Rockingham gate?

# 114 A:

I just -- I parked here because there seemed to be more traffic on Rockingham, and there was a big, huge space to park.

# 115 Q:

And about what time do you think it was, Mr. Park, when you saw the 360?

# 116 A:

That would be --

# 117 MR. LEONARD:

Your Honor, could we have the witness speak up.

# 118 THE COURT:

Yes. Would you speak up; it's kind of hard to hear you.

# 119 MR. PETROCELLI:

You may resume the witness stand, Mr. Park. (The witness complies.)

# 120 Q:

BY MR. PETROCELLI) I think the question was, sir, about what time was it when you approached the 360?

# 121 A:

That would have been just around 10:23, 10:24.

# 122 Q:

And by the way, as a limousine driver, you pay attention to times?

# 123 A:

Yes, you do.

# 124 Q:

Why is that?

# 125 A:

You're just usually on a really tight schedule; you want to make sure you're on time, you're on time at the house, you're to where you're supposed to be on time. Just, you pay a lot of attention to time.

# 126 Q:

Were you paying close attention on this particular evening to time?

# 127 A:

Yes. I always do, every --

# 128 Q:

And you were supposed to be at Mr. Simpson's at what time to pick him up?

# 129 A:

10:45.

# 130 Q:

And had you been told what time the flight was going to depart LAX?

# 131 A:

I knew it was around 11:30.

# 132 Q:

And you didn't get to Mr. Simpson's house at 11:45, [sic] right?

# 133 A:

No, I didn't.

# 134 Q:

And you got there, you said, about what time?

# 135 A:

10:25.

# 136 Q:

And why so early?

# 137 A:

Because I've never been to the house before and I just wanted to make sure I was on time. We were also asked to be a few minutes early.

# 138 MR. PETROCELLI:

Let's put on the television monitor, Steve, 191. (Exhibit 191 is displayed.)

# 139 Q:

BY MR. PETROCELLI) Now, do you recognize the curb and the number that you see in Exhibit 191?

# 140 A:

Yes, I do.

# 141 Q:

Okay. And what is it?

# 142 A:

360.

# 143 Q:

Is that what you saw when you approached Rockingham?

# 144 A:

Yes.

# 145 Q:

Okay. And can you point out to the ladies and gentlemen of the jury where you first saw the address of the Rockingham location. Can you just point it out with your hand, right on the television monitor. (The witness complies.)

# 146 MR. PETROCELLI:

Let the record reflect you're pointing to the white space painted 360.

# 147 Q:

BY MR. PETROCELLI) And when you were driving up Rockingham, you were driving in the same direction that that vehicle is facing, right?

# 148 A:

That is correct.

# 149 Q:

And your -- So you were sitting in the driver's seat and the 360 was to your right; is that correct?

# 150 A:

That's correct.

# 151 Q:

Now, did you see that car parked there at 10:23, 10:24, when you drove by 360?

# 152 A:

No I didn't.

# 153 Q:

BY MR. PETROCELLI) Is there any doubt in your mind?

# 154 A:

No.

# 155 Q:

To make the record a little clear --

# 156 MR. PETROCELLI:

You can take this off. (Indicating to Exhibit 116.)

# 157 Q:

BY MR. PETROCELLI) When you were indicating that you came up to Ashford, you turned right on Ashford, right?

# 158 A:

That's correct.

# 159 Q:

And you said you parked. And just so the record is clear, you parked on the north side of Ashford, facing west, across from the Ashford gate?

# 160 A:

Yes.

# 161 Q:

Okay. After you parked your car there, what did you do?

# 162 A:

After I parked the car, I noticed I had a few minutes before I had to actually drive up to the gate, so I got out -- got out of the car, walked to the back, had a cigarette, got back in and listened to the radio for a few minutes.

# 163 Q:

Before you continue, when you say you walked to the back, back of what?

# 164 A:

Back of the limousine.

# 165 Q:

Just stood up -- stood outside the limo?

# 166 A:

No. I sat on the curb.

# 167 Q:

Okay. Behind the car?

# 168 A:

Behind the car.

# 169 Q:

And how long did it take to smoke your cigarette?

# 170 A:

Five, six minutes.

# 171 Q:

All right. And during that five or six-minute period, smoking your cigarette, did you see O.J. Simpson?

# 172 A:

No.

# 173 Q:

Did you see O.J. Simpson walking a black dog around the block?

# 174 A:

No.

# 175 Q:

BY MR. PETROCELLI) And about what time is it, now, that you're parked on Ashford, smoking your cigarette?

# 176 A:

What time am I smoking the cigarette, or. . .

# 177 Q:

Just if you could estimate for us where we are now in the time line.

# 178 A:

Just around 10:30, somewhere around there.

# 179 Q:

Okay. And after you smoked your cigarette, what did you then do?

# 180 A:

I got back into the car and listened to the radio.

# 181 Q:

And what did you do after you listened to the radio?

# 182 A:

Well, finally, at about 10:40, I started up the car and drove down to the Rockingham gate.

# 183 Q:

Okay. Between the time that you smoked your cigarette and the time that you started to take off again, during that five- or ten-minute interval, did you see O.J. Simpson?

# 184 A:

No, I didn't.

# 185 Q:

When you were listening to the radio in the car, did you happen to see what time it was in the car?

# 186 A:

This -- After I was through smoking the cigarette?

# 187 Q:

Yes.

# 188 A:

Yeah. I got back in the car; and it was 10:35.

# 189 Q:

Now, is there a clock radio in there?

# 190 A:

Yes, there is.

# 191 Q:

And you looked at the time?

# 192 A:

I -- yeah. I used the clock and my watch.

# 193 Q:

Okay. So then you -- Why don't you go to Exhibit 116 and explain to the jury what you did when you got back in the car. And could you please keep your voice up, so that everyone can hear.

# 194 A:

Yeah. (The witness complies.) I got back into the limousine -- and this was just about 10:39 -- pulled back onto Rockingham, made a left onto Rockingham, drove down with my window parallel to the gate, looked up the driveway, and was making a decision if I was going to use this gate or not, now that I know that there was another one over here (indicating). I decided that this curve here was too tight to make the turn with the stretch limousine, just didn't look as easy, so I proceeded to just back straight up and come into the Ashford gate, with my bumper just in front of the gate.

# 195 Q:

Okay. When you got in the car to go around to Rockingham, what exactly was your purpose in doing so? Why did you want to go back to the Rockingham gate?

# 196 A:

Because all along, I was going to use that gate to drive into.

# 197 Q:

Okay. And so as you approached Rockingham, and in particular the Rockingham gate, are you saying it was your state of mind then that you were going to park at the gate?

# 198 A:

Yeah. Well, it was -- I mean, that was my intentions.

# 199 Q:

Exactly. That's what I'm asking you.

# 200 A:

But I checked it out first. I didn't pull straight up to the gate.

# 201 Q:

How close did you get?

# 202 A:

I was about in the middle of the street, and my window was just right here (indicating). I mean, I don't know how far that is.

# 203 Q:

Now, did you see the number 360 again?

# 204 A:

Yes.

# 205 Q:

And did you see any vehicle parked there at that time, 10:39, 10:40, I think you said?

# 206 A:

No, I didn't.

# 207 Q:

Okay.

# 208 MR. PETROCELLI:

Put up the picture again, 191, on the television monitor. (Exhibit 191 displayed.)

# 209 MR. PETROCELLI:

Now, I know it's hard to see the full width of the street here. Is that as wide as it goes? Can we get more of the driveway?

# 210 Q:

BY MR. PETROCELLI) Can you, using the photograph, Exhibit 191, can you describe how close to the gate you got, how far you pulled up?

# 211 A:

Well, it's so hard with this TV. My window -- my window would have been looking into the gate, so I was past this area here (indicating). I was looking in this way (indicating). And like I said, I was halfway out into the street. It's hard to tell with this.

# 212 Q:

Okay. Did you stop your car to assess the situation?

# 213 A:

Yeah. I came to a complete -- complete stop.

# 214 Q:

In the street?

# 215 A:

Yes.

# 216 Q:

And you turned your head left and looked up the Rockingham driveway?

# 217 A:

That's correct.

# 218 Q:

Did you have a clear field of vision?

# 219 A:

Yes, I did.

# 220 Q:

Okay. And did your field of vision, as you were driving up to and stopping, include this area where the vehicle is parked in the photograph?

# 221 A:

Yes.

# 222 Q:

And you did not see that vehicle; is that correct?

# 223 A:

That's correct.

# 224 Q:

You made a decision, I think you testified, not to use the Rockingham entrance?

# 225 A:

That is correct.

# 226 Q:

And what did you then decide to do?

# 227 A:

Like I said, I backed straight up Rockingham, backwards, and made a left onto Ashford and pulled up into the Ashford driveway, into the gate.

# 228 Q:

Now, by the way, when you drove down Rockingham to assess the situation, and when you stopped in front of the Rockingham gate, did you see O.J. Simpson?

# 229 A:

No, I didn't.

# 230 MR. PETROCELLI:

What exhibit number? We need a new one, next in --

# 231 THE CLERK:

2202.

# 232 MR. PETROCELLI:

Marking this as Exhibit 2202. (The instrument herein referred to as Board entitled Gates at Rockingham containing two photographs and diagram of Rockingham property was marked for identification as Plaintiffs' Exhibit No. 2202.)

# 233 (BY MR. PETROCELLI) I wonder if you could come down once again, Mr. Park. You recognize this here as the Rockingham gate? (Indicating.)

# 234 A:

Yes.

# 235 Q:

And does that generally represent the view that you had of the driveway as you assessed the situation whether to use it?

# 236 A:

That's correct.

# 237 Q:

Okay. And looking at the letter B, what is that, if you know?

# 238 A:

That is the Ashford gate.

# 239 Q:

Okay. And that's the gate where you parked across the street from -- initially?

# 240 A:

Correct.

# 241 Q:

And then that's the gate you decided to use?

# 242 A:

Correct.

# 243 Q:

Now, when you came back from your second trip to the Rockingham gate, you said you backed down Rockingham?

# 244 A:

Yes.

# 245 Q:

You backed down like this, right, using my pen, backing down Rockingham?

# 246 A:

Yes.

# 247 Q:

In a northerly direction. And you turned your car this way, easterly?

# 248 A:

That's correct.

# 249 Q:

And then you pulled into the Ashford gate?

# 250 A:

Yes.

# 251 Q:

And there's a -- you see these metal gates there, right?

# 252 A:

Yes.

# 253 Q:

How far up did you go till you didn't -- couldn't go anymore?

# 254 A:

Inches.

# 255 Q:

Inches from what?

# 256 A:

Inches from the gate, from my front bumper.

# 257 Q:

Facing inward?

# 258 A:

Facing inward.

# 259 Q:

And realizing this is taken at a different time of day, this is late at night, right?

# 260 A:

Yes.

# 261 Q:

(BY MR. PETROCELLI) Does this represent the -- generally represent the field of view that you had when you were parked in the car, looking into the property from the Ashford gate?

# 262 ALLAN PARK:

Yeah. If anything, I had more view.

# 263 Q:

(BY MR. PETROCELLI) This is?

# 264 A:

This is from across the street.

# 265 Q:

And you were up close?

# 266 A:

Yes.

# 267 Q:

When you pulled in, did you turn your car off?

# 268 A:

No, I didn't.

# 269 Q:

And what was on in your car? The engine? Anything else?

# 270 A:

The radio was on low.

# 271 Q:

Okay. And the windows closed?

# 272 A:

No. At this time, my window was down.

# 273 MR. BAKER:

This is leading, Your Honor.

# 274 Q:

(BY MR. PETROCELLI) Open or closed were the windows -- your windows?

# 275 A:

Open.

# 276 Q:

What about the other windows?

# 277 A:

Closed.

# 278 Q:

You have a cell phone in the car?

# 279 A:

Correct.

# 280 Q:

Now, does the car have to be on for the cell phone to work?

# 281 A:

The ignition has to be on; the car doesn't have to be running.

# 282 Q:

Okay. So when you pulled up to the Ashford gate here, about what time is it now?

# 283 A:

10:40.

# 284 Q:

Was the gate open or closed?

# 285 A:

It was closed.

# 286 Q:

Okay. And by the way, when you were at the Rockingham gate, in your car, assessing the situation, could you see the Ashford gate from when you were?

# 287 A:

No, I couldn't.

# 288 Q:

And when you were at the Ashford gate, could you see the Rockingham gate?

# 289 A:

No.

# 290 Q:

Now, could you tell the jury what happened after you pulled up to the Ashford Street gate.

# 291 A:

After I pulled up to the gate, I got out of the vehicle, left the door open, went to the call box, and there's an intercom in there with a button. I rang the buzzer. It made a noise, made kind of a loud noise, and there was no answer. I repeated pushing the button two or three times before I got back into the limousine and --

# 292 Q:

Let me stop you right there. Okay.

# 293 MR. PETROCELLI:

Just so we can see the sequence, can you put on the next exhibit, which will be 2203. (The instrument herein referred to as Photograph of call box at gate was marked for identification as Plaintiffs' Exhibit No. 2203.)

# 294 Q:

(BY MR. PETROCELLI) Do you recognize that?

# 295 A:

Yes, I do.

# 296 Q:

What is that?

# 297 A:

That is the call box.

# 298 MR. BAKER:

That picture doesn't represent the gate as it existed on June 12.

# 299 MR. PETROCELLI:

Only directing the attention to the --

# 300 MR. BAKER:

The gate was clear.

# 301 THE COURT:

Indicating a call box only. Go ahead.

# 302 MR. PETROCELLI:

This picture was taken recently. And could you let me show Mr. Baker the next pictures. Mr. Baker, you want to take a look at this. (Counsel hands photograph to Mr. Baker.)

# 303 MR. PETROCELLI:

I want to use that for the inside.

# 304 MR. BAKER:

Who is the guy in the picture?

# 305 MR. PETROCELLI:

Don't know.

# 306 MR. BAKER:

Trying to get in your own news show.

# 307 MR. PETROCELLI:

I should be so lucky.

# 308 MR. BAKER:

Back it off, Steve, we want to see who's there. (Laughter.) (Indicating to photograph with call box open and Mr. Petrocelli in photograph displayed.)

# 309 MR. PETROCELLI:

It was all business, believe me.

# 310 Q:

(BY MR. PETROCELLI) Is that the inside of the box?

# 311 A:

Yes, it is.

# 312 Q:

And there's no -- did it look like that on that night? In other words, was it configured that way?

# 313 A:

Yes.

# 314 Q:

Where was the button that you would buzz Mr. Simpson, buzz inside the house?

# 315 A:

It's --

# 316 Q:

Can you point to it?

# 317 A:

This button right here (indicating).

# 318 Q:

Okay. And what, would you buzz once, or how would you buzz it?

# 319 A:

I really don't remember if it was a ringing or a buzzing. I don't know if it rang. I just remember hitting it two or three times.

# 320 Q:

And then waiting?

# 321 A:

And waiting.

# 322 Q:

Okay. By the way, let's mark it as the next exhibit in order, which would be 2204.

# 323 THE CLERK:

What's being marked?

# 324 THE COURT:

Second photograph of the telephone. (The instrument herein referred to as Photograph with close up of call box open and Mr. Petrocelli in photograph was marked for identification as Plaintiffs' Exhibit No. 2204.)

# 325 MR. PETROCELLI:

You can take that off.

# 326 Q:

(BY MR. PETROCELLI) All right. Let me back up a little bit. When you pulled up to the Rockingham gate as far as you could go, did you make any observations about the house in front of you; that is, Mr. Simpson's house?

# 327 A:

To the Rockingham gate.

# 328 Q:

When you were pulling up to the Ashford gate?

# 329 A:

To the Ashford.

# 330 Q:

(BY MR. PETROCELLI) I guess so. Did you make any observations about lights being on or off?

# 331 A:

I noticed that there were no lights on downstairs. I only noticed one light on upstairs.

# 332 Q:

Okay. When you say you noticed there were no lights on downstairs, what you're saying is that from what you could see, you couldn't see any lights?

# 333 A:

From what I could see, no.

# 334 Q:

Okay. Sitting there in the car?

# 335 A:

Sitting in the car at the buzzer.

# 336 Q:

Not only sitting in the car, you're saying, but getting out of the car?

# 337 A:

Yes.

# 338 Q:

Okay. And when you got out of the car, you could see right through these iron bars; is that right?

# 339 A:

That's correct.

# 340 Q:

Okay. And looking in, could you see the area where Mr. Simpson's -- front of the house is?

# 341 A:

Yes.

# 342 Q:

And you could see rooms that -- lights from the outside?

# 343 A:

What I thought were rooms.

# 344 Q:

And you didn't see any lights; is that right?

# 345 A:

No.

# 346 Q:

Okay. That is correct, right?

# 347 A:

That's correct.

# 348 Q:

Okay. After -- did you have any of your lights on in the -- on the car, your headlights or, parking lights, or anything like that?

# 349 A:

I just had the parking lights on.

# 350 Q:

Okay. So you were saying before, you buzzed inside the house a couple of times and you got no answer; is that right?

# 351 A:

That's correct.

# 352 Q:

And then what did you do next?

# 353 A:

I then got back into the limousine and used the cell phone to page Dale.

# 354 Q:

And Dale is who?

# 355 A:

The owner.

# 356 Q:

Now how long before you paged Dale did you ring into the house and get no answer?

# 357 A:

Couple minutes.

# 358 Q:

So in other words, what you're saying is, that you rang the house and got no answer; you went in the car and you called Dale?

# 359 A:

Correct.

# 360 Q:

Now, why did you call Dale?

# 361 A:

I called him because I thought nobody was home.

# 362 MR. PETROCELLI:

Like to refer to the next Exhibit, this is 198. (The instrument herein referred to as Copy of document entitled calls made by Allan Park, June 12, 1994, was marked for identification as Plaintiffs' Exhibit No. 198.)

# 363 Q:

(BY MR. PETROCELLI) You recognize what this exhibit is?

# 364 A:

Yes.

# 365 Q:

And what is it, sir?

# 366 A:

The cell phone records of the night.

# 367 Q:

Cell phone records from your limousine cell phone?

# 368 A:

Correct.

# 369 Q:

And the call -- it shows the calls that were coming in and going out on that evening?

# 370 A:

That's correct.

# 371 Q:

Now, I direct your attention to the first entry. Does that represent the -- the time when you called Mr. St. John's pager?

# 372 A:

Yes.

# 373 Q:

And what time does it say up there? Could you --

# 374 A:

10:43, and 44 seconds.

# 375 Q:

And you paged Mr. St. John?

# 376 A:

Correct.

# 377 Q:

And so what time, based on the entry of 10:43 and 44 seconds, do you think it was when you first buzzed into the Simpson residence and got no answer?

# 378 A:

I didn't understand that.

# 379 Q:

In other words, using this as a point of reference, what time was it?

# 380 A:

10:40 to 10:43.

# 381 Q:

Is when you were buzzing?

# 382 A:

Yeah.

# 383 Q:

Okay. And what happened after you hung up your cell phone upon paging Dale?

# 384 A:

I got back out of the car and I proceeded to ring the buzzer a few more times.

# 385 Q:

Okay. Now, we see that your call with Dale ended at 10:44 and 24 seconds right, correct?

# 386 A:

Correct.

# 387 Q:

And your next call began at 10:46 and 30 seconds, right?

# 388 A:

Correct.

# 389 Q:

So you buzzed into the Simpson residence between 10:44 and 10:46; is that what you're saying?

# 390 A:

Correct.

# 391 Q:

(BY MR. PETROCELLI) Why did you call your mother?

# 392 A:

I called my mom to get Dale's house phone number I left at the house. Instead of his pager number, I wanted to call his house direct, just to see if he was home, if he wasn't answering his business line.

# 393 Q:

Did you reach your mother?

# 394 A:

Yes, I did.

# 395 Q:

Did you get Dale's phone number?

# 396 A:

Yes, I did.

# 397 Q:

And after you got Dale's phone number from your mother, what did you do?

# 398 A:

I then called Dale's home.

# 399 Q:

With the phone number you just got?

# 400 A:

Yes.

# 401 Q:

Now, can you explain what the -- back up. Looking at this exhibit here of the cell phone calls, can you tell the jury when you then called Dale's home with the number you got from your mother? Can you point to the entry?

# 402 A:

Here (indicating).

# 403 Q:

And what does it say?

# 404 A:

10:49:07.

# 405 Q:

Can you explain to the jury what the two entries are in white at 10:48:13 and 10:48:38. THE WITNESS: I figured those would be Dale calling me while I'm on the phone with my mom.

# 406 Q:

(BY MR. PETROCELLI) Okay. And after you dialed Dale's home at 10:49:07, what happened? Did you get an answer?

# 407 A:

No. I let it ring for quite a while.

# 408 Q:

And can you tell from the beginning and ending point of the call, approximately how long you rung that phone call, letting it ring?

# 409 A:

Minute.

# 410 Q:

Looks like -- looks like 59 seconds, right?

# 411 A:

Correct.

# 412 Q:

Okay. What did you then do? You got off the phone at 10:50:06 p.m. from calling Dale and getting no answer, right?

# 413 A:

Correct.

# 414 Q:

What did you then do when you got off the phone at 10:50:06 p.m., not having received an answer from Dale's home?

# 415 A:

I got back out of the limousine and proceeded to ring the buzzer a few more times.

# 416 Q:

Okay. And can you tell by looking at the next three entries from your cell phone, what those mean? There's 10:49:27, 10:49:48 and 10:50:39?

# 417 A:

These two, Dale was obviously calling me back and I was on the phone, calling his house.

# 418 Q:

The first two entries, you were on the phone dialing him while he's calling you?

# 419 A:

Correct.

# 420 Q:

Okay. And what about that third one in white, 10:50:39 p.m.?

# 421 A:

The third one was not answered because I was outside, ringing the buzzer, and I never heard the phone ring.

# 422 Q:

It's referring to the line that says "incoming call rang but not answered"?

# 423 A:

Correct.

# 424 Q:

At 10:50:39 to 10:51:49?

# 425 A:

That's correct.

# 426 Q:

You didn't answer that phone call?

# 427 A:

No.

# 428 Q:

Why not?

# 429 A:

I didn't hear it.

# 430 Q:

Where were you?

# 431 A:

I was outside, ringing the intercom.

# 432 Q:

Did you get an answer this third time you were ringing the intercom?

# 433 A:

No.

# 434 Q:

What did you do next?

# 435 Q:

As I was was standing next to the buzzer, waiting for an answer, for somebody, I then heard the phone ringing inside the car, and grabbed the phone. And it was Dale.

# 436 Q:

From looking at the cell phone records, can you tell the jury when it was that you picked up that call from Dale?

# 437 A:

10:52:17.

# 438 Q:

And when you heard the phone ring, did you get into the car to answer it?

# 439 A:

Yes.

# 440 Q:

Were you sitting in the car?

# 441 A:

Yes.

# 442 Q:

Was your was your radio still on?

# 443 A:

Very low.

# 444 Q:

And was the door open or closed, if you remember?

# 445 A:

Open.

# 446 Q:

Okay.

# 447 Q:

And you began a conversation with Dale St. John?

# 448 A:

That is correct.

# 449 Q:

And that conversation ended at what point in time, based on the cell phone records?

# 450 A:

At 10:55:12 p.m.

# 451 Q:

Okay. You may resume the witness stand. So you're on the phone with Dale For about three minutes, right?

# 452 A:

Correct.

# 453 Q:

What -- relate your conversation with Dale.

# 454 ALLAN PARK:

I told Dale that I didn't think anybody was home, said there was a light on upstairs. He told me that -- he said O.J. usually runs late, go ahead and wait until 11:15. If he's not there by then, go ahead and come on home. He asked me if there was a light on, and what looked to be skylights over towards the garage area, little pantry -- little pantry area. He said -- he asked me if the lights were on in there. He said he usually watches TV in there. I told him no there's no lights on in there. And somewhere in the conversation, that's when I saw the white male come out from behind the -- from the back of the house.

# 455 Q:

Okay. When the -- The person appeared -- and I'll show the layout in a second, but I want to focus on the timing right now, okay? When the person appeared, did you notice where that person came from?

# 456 A:

From what I --

# 457 Q:

The first person who appeared?

# 458 A:

From what I noticed, from the back of the house.

# 459 Q:

And he appeared where, in terms of your field of view? You're looking straight ahead, in from the car?

# 460 A:

Yes.

# 461 Q:

And where did this person appear?

# 462 A:

To my --

# 463 Q:

So to your right, to your left?

# 464 A:

To the left of me, on the edge of the driveway.

# 465 Q:

Okay. And can you describe to the jury this person whom you saw appear?

# 466 A:

It was a blond-hair male, five-ten, 170 pounds.

KEY QUOTE

# 467 Q:

What did you then say to Dale St. John, without telling us what he said?

# 468 A:

I said to him that somebody's here.

# 469 Q:

And did you say anything else?

# 470 A:

Not that I remember.

# 471 Q:

Okay. From the moment that you saw that person appear to your left on the property inside the gates, to the end of the call with Dale St. John, about how much time elapsed?

# 472 A:

Thirty seconds.

# 473 Q:

So, looking at the cell phone records, if you got off the phone with Dale St. John at 10:55 and 12, seconds you believe you saw the person with blond hair appear to the left at around approximately 10:54 and 30 seconds p.m.?

# 474 A:

Correct.

# 475 Q:

We're going to go back to Exhibit 116. Now, this isn't to scale, but if you could describe to the -- to the jury -- if you would get off the witness stand, please -- where you saw the person with blond hair at around 10:54 p.m. and 30 seconds. (Witness indicates to Exhibit 116.)

# 476 A:

He would be in this area over --

# 477 THE REPORTER:

Excuse me I didn't hear the rest of the answer.

# 478 Q:

He's pointing to the area generally where this pathway from the back of the house intersects the driveway; is that right?

# 479 A:

That's correct.

# 480 Q:

Okay.

# 481 Q:

You're looking straight ahead, right?

# 482 A:

Correct.

# 483 Q:

Did you have any problem seeing that person?

# 484 A:

No.

# 485 Q:

In this last 30 seconds with your telephone call with Dale, when you first saw this blond-haired person, did you then see anything, or anyone else come in this area over here?

# 486 A:

Yes. I saw somebody come from the driveway area into the house, or go into the house.

# 487 Q:

And can you tell us what the person looked like that you saw go from the driveway area into the house?

# 488 A:

Six foot, 200 pounds, and all black clothing.

KEY QUOTE

# 489 Q:

When you say all black clothing, what do you mean by that?

# 490 A:

Well, dark pants, dark top,

# 491 Q:

Now, if you can sort of put yourself back at that moment in time when you're seeing this person in all dark clothing, you're on the phone with Dale St. John, still?

# 492 A:

Yes.

# 493 Q:

At that moment in time, did you believe that you were seeing that person wear a robe?

# 494 A:

At the time, no.

# 495 Q:

Did you believe that you saw a swirling hem of a robe?

# 496 A:

No.

# 497 Q:

Did you believe you saw, like a belt of a robe waving and flipping around and so forth?

# 498 A:

No.

# 499 Q:

Before anything else happened, before you learned anything else or talked to any lawyers or anybody else, at that point in time, you believed when you said dark clothing, that the person was wearing what?

# 500 ALLAN PARK:

Can you repeat the question.

# 501 Q:

(BY MR. PETROCELLI) Yes. Explain once again what you thought you saw at that point in time in terms of the dark clothing.

# 502 A:

That's what I thought I saw, dark clothing.

# 503 Q:

By that -- you said before, dark pants and dark top.

# 504 ALLAN PARK:

Yes.

# 505 Q:

(BY MR. PETROCELLI) Okay. Now, what happened after you saw the person six feet, 200 pounds, all dark clothing, go into or near the entrance of the house? What happened next?

# 506 A:

What happened was, that person went into the house. I finished up my phone call with Dale when the person went into the house, some light illuminated from the front of the house -- I don't know where it was coming from -- and hung up the phone with Dale.

# 507 Q:

Let me stop you right there, then. First of all, can you tell whether the person that went into the house was Caucasian, African-American or another race?

# 508 A:

Afro-American.

# 509 Q:

Then you said when the person went into the house, you saw lights illuminate.

# 510 A:

Yes.

# 511 Q:

Had you seen those lights illuminated before the person went into the house?

# 512 A:

No, I didn't.

# 513 Q:

Okay. And when you saw the lights illuminate, were you still finishing up your call with Mr. St. John?

# 514 A:

Yes.

# 515 Q:

How many seconds after you saw the person go in the house were you still on the phone with Mr. St. John?

# 516 A:

I don't remember that.

# 517 Q:

Did you even mention to St. John that you saw this person?

# 518 A:

No.

# 519 Q:

Now, was the -- what was the pace of the person's movement into the house?

# 520 A:

He was moving quickly; he wasn't -- it wasn't a run; it wasn't a walk. It was a quick-motion walk.

KEY QUOTE

# 521 Q:

And can you go up to Exhibit 116 and point out to the ladies and gentlemen of the jury where you first picked up the vision of this person, six foot, 200 pounds, Afro-American, all dark clothing.

# 522 A:

It was around this area right here (indicating).

# 523 Q:

Okay. Now, could you do that one more time -- and forgive me, because I didn't get a chance to get next to you -- Point it out again?

# 524 A:

It was around this area (indicating).

# 525 Q:

Okay.

# 526 MR. PETROCELLI:

Let the record reflect there's the word "driveway" printed on this exhibit. This is 116, Steve, right?

# 527 Q:

(BY MR. PETROCELLI) And you are pointing between the W and the A, right below the W and the A?

# 528 A:

South, around there. I mean around that area.

# 529 Q:

Around the area just below the W and the A?

# 530 A:

Yes.

# 531 Q:

Okay. Using -- using my trusty pen there, why don't you indicate to the jury what direction you saw the person traveling.

# 532 A:

Would have been this way, heading this way, and I said cutting the corner into the house. (Indicating.)

# 533 Q:

And you were observing this while you were in your car, right?

# 534 A:

Yes.

# 535 Q:

And were you -- where you first picked him up, is just south here on the map of the W and the A?

# 536 A:

Right.

# 537 Q:

Is that an estimation?

# 538 A:

Around that area, yeah. I can't be exact where he was.

# 539 Q:

Now, you were asked similar questions at the criminal trial were you not?

# 540 A:

Yes, I was.

# 541 Q:

Okay. 1446 -- 1456 --

# 542 MR. PETROCELLI:

1446 -- 1456. Will this show up on the Elmo? This is an Elmo reproduction of another Elmo reproduction at the criminal trial. (The instrument herein referred to as An Elmo reproduction of another Elmo reproduction at the criminal trial depicting a diagram of the Rockingham property was marked for identification as Plaintiffs' Exhibit No. 1456.)

# 543 Q:

(BY MR. PETROCELLI) I just want to go over this with you. This is the spot that you marked with the cross at the criminal trial?

# 544 A:

That's correct.

# 545 Q:

Now, did you mark that spot yourself, by putting it up there?

# 546 A:

No, I didn't.

# 547 Q:

Can you explain to the jury -- Well, first of all, is that spot near where you saw the person?

# 548 A:

It's around that area, yeah, just a little bit south of it.

# 549 Q:

Could you point to the spot where you believe you first picked up the person, using this exhibit.

# 550 A:

It was just around this area here (indicating ).

# 551 Q:

It's a little below where that cross appears?

# 552 A:

That's correct.

# 553 Q:

Now, you were on the witness stand some time ago doing the same kind of thing, right, in the criminal trial?

# 554 A:

Correct.

# 555 Q:

How did that cross get put on that document, if you could explain to the jury?

# 556 A:

Marcia Clark was asking me to put a spot on where I saw the -- well, not me. Somebody else was controlling this machine, and the thing was going all over the place, back and forth, back and forth. And he got around the area, and I said, "Stop; that's it."

# 557 Q:

And that's generally the area?

# 558 A:

That's generally the area.

# 559 Q:

In other words, you weren't working the machine yourself, right?

# 560 A:

No.

# 561 Q:

And where was the machine in the other courtroom?

# 562 A:

Back -- just back behind this section here.

# 563 Q:

Okay. So I just wanted it to be clear, it's not something you physically put on with your hand, right?

# 564 A:

No.

# 565 Q:

But it generally is the same area, but a little below?

# 566 A:

Yes.

# 567 Q:

Okay.

# 568 MR. PETROCELLI:

Would this be a good time?

# 569 THE CLERK:

I'd I like to clarify what the exhibit number is.

# 570 MR. PETROCELLI:

This exhibit is 1456. Can we clarify it at the break?

# 571

THE COURT: Ten-minute recess, ladies and gentlemen. (Recess.) (The jurors resumed their respective seats.)

# 572 MR. PETROCELLI:

Thank you, Your Honor. Do you want to put on 114? (Exhibit 114 displayed.)

# 573 Q:

(BY MR. PETROCELLI) We've got -- referring again to 114, and pulled it up to sort of an approximate view from the limousine, looking in the Ashford gate. In any event, Mr. Park, let me show you -- can you stand up, please. Do you see this skylight up here?

Temperature

tense

Key Quotes (5)

Allan Park

It was a blond-hair male, five-ten, 170 pounds.

Park's description of the first person he saw emerge from the back of the house — Kato Kaelin — establishing the sequence of events just before Simpson appeared.

Allan Park

Six foot, 200 pounds, and all black clothing. Well, dark pants, dark top.

Park's description of the second person — an African-American man moving quickly into the house around 10:54:30 PM — placed Simpson returning home at a critical point in the murder timeline.

Allan Park

He was moving quickly; he wasn't -- it wasn't a run; it wasn't a walk. It was a quick-motion walk.

The rapid, purposeful movement of the dark-clothed man reinforces the inference that Simpson had just returned from Bundy and was rushing inside.

Allan Park

At the time, no. [He did not see a robe, a swirling hem, or a belt flipping around.]

Petrocelli methodically foreclosed the defense theory that the person Park saw was Simpson in a bathrobe — locking in dark clothing as Park's contemporaneous perception before any coaching.

Allan Park

I didn't think anybody was home.

Park's explanation for calling Dale St. John at 10:43 PM, corroborated by cell records, confirms no one answered at the house for the critical window of 10:40–10:54 PM.

Evidence (8)

Plaintiffs' 116

Diagram/aerial photograph of the Rockingham property showing Rockingham and Ashford gates, driveway, and house layout

Repeatedly used as a visual aid for Park to indicate his route, parking location, and where he saw the two individuals

Plaintiffs' 191

Photograph of the curb showing the painted address '360' next to the Rockingham driveway

Displayed to confirm Park's identification of the address and the absence of a vehicle parked there

Plaintiffs' 198

Cell phone records documenting calls made by Allan Park on the evening of June 12, 1994

Introduced and used to establish a precise timeline: 10:43:44 (paged Dale St. John), 10:46:30 (called mother), 10:49:07 (called Dale's home), 10:52:17 (answered Dale's return call), 10:55:12 (call ended)

Plaintiffs' 2202

Board titled 'Gates at Rockingham' containing two photographs and a diagram of the property, showing both the Rockingham gate (A) and the Ashford gate (B)

Marked and introduced; used to confirm Park's field of view from each gate position

Plaintiffs' 2203

Photograph of the call box at the Ashford gate

Marked and introduced; Park identified the button he used to buzz the house

Plaintiffs' 2204

Close-up photograph of the interior of the call box, incidentally containing Petrocelli in the frame

Marked and introduced; Park identified the buzzer configuration

+ 2 more

Notable Exchanges (4)

Petrocelli•Allan Park

Petrocelli methodically walked Park through whether the person in dark clothing was wearing a robe — preemptively dismantling a defense argument by having Park confirm, before any outside influence, that he saw dark pants and a dark top, not a robe.

strategic

Petrocelli•Allan Park

Extended use of cell phone records (Exhibit 198) to pin down the exact time Park first buzzed the gate (10:40–10:43), when he saw the blond-haired man (10:54:30), and when lights came on in the house — building an airtight minute-by-minute timeline.

methodical

Allan Park•Petrocelli

Park explained that the cross marked on the criminal trial diagram was not placed by him directly — someone else was controlling the machine and it 'was going all over the place,' and Park called stop when it got close enough. He testified the actual location was slightly south of the mark.

clarifying

Baker•Petrocelli

Baker objected that the photograph of the call box did not represent the gate as it existed on June 12 (the gate was clear/transparent then). Petrocelli clarified he was directing attention to the call box only, not the gate itself. The Court allowed it.

procedural

Light Moments (1)

Baker / Petrocelli

Petrocelli accidentally appeared in his own exhibit photograph of the call box. Baker quipped 'Who is the guy in the picture?' and 'Trying to get in your own news show.' Petrocelli responded 'I should be so lucky.' Baker then told the tech 'Back it off, Steve, we want to see who's there,' prompting laughter in the courtroom.

Credibility Attacks (1)

⚔ Allan Park

Prior inconsistent placement (criminal trial exhibit)

The criminal trial diagram (Exhibit 1456) showed the cross marking where Park saw the person to be slightly north of where Park now testified — Petrocelli addressed this proactively by establishing that Park did not personally place the mark and that someone else was operating the machine.

Witness Demeanor

(The witness complies.) [multiple times when directed to step down and indicate on exhibits]

(Indicating.) [repeatedly used as Park pointed to locations on diagrams and photographs]

The Court directed Park to speak up mid-testimony: 'Would you speak up; it's kind of hard to hear you.'

Objections

2 objections (0 sustained, 0 overruled)

Proceeding 8875 • 573 utterances • Plaintiff witness

Civil Trial

Department 103