Yes. Time 11:30AM 2/3/97

There's an objection.

No, there isn't.

Which?

It's referring to the next --

Your Honor, if she intends --

Approach the bench.

MR. LEONARD: Thank you. (The following proceedings were held at the bench:)

She has been eliminating all objections.

I understand that. What's your objection?

The question/answer.

What line?

Right here, line 17 page 67.

She didn't.

I know, that's why I wanted to --

You don't have to tell her, she knows what she's doing.

It happened once before.

Did you read line 17?

No, she hasn't.

Okay.

Want to make sure. You know, she did it --

MR. PETROCELLI: Thank you, Your Honor. (The following proceedings were held in open court in the presence of the jury.)

Reporter, read the last question and answer before the objection. (Reporter complies. Rereads question and answer)

Okay. And tell the jury what you can remember concerning that bag, and who was going to get the bag, and so forth. You can take the witness stand.

Well, after I was through looking for the flashlight, at some point I asked Mr. Simpson where he'd like the two bags that were on the porch, if he'd like them inside the trunk or inside the cab. He asked me to put them inside the cab, so I did. I put them in there. We were -- at another point, we were standing back by the trunk, Kato, Simpson and I were, towards the back of the trunk, and Kato mentioned he was going to go get that bag, he said, I'll go get that bag for you.

By that bag, he meant the one behind the car?

Yes, he was pointing to that bag.

He being Mr. Kaelin?

Yes.

Then what happened?

(BY MR. PETROCELLI) Tell us what you observed, Mr. Park, when you say he jumped out, tell us a little more perhaps specifically, you know, what he did to go get the bag?

He told Kato just what I said and --

When was what?

He said no, no, no, that's okay, I'll get the bag, don't worry about it. And he moved quickly to get the bag.

Okay. Did you -- during the time that that bag was out there, did you get a chance to see it?

I saw it from a distance. I know it was a dark small bag.

Well, let me show you this bag.

Is this 899?

Yes.

No.

Let the record reflect 899 is this bluish bag.

(BY MR. PETROCELLI) Now, after -- let me back up for a second. Did there come a time during all this activity that you've been describing when Mr. Kaelin and Mr. Simpson began to look for the thing that Mr. Kaelin was talking about, the noise that he had heard?

Yeah. At one point, Simpson was walking by Kato and I, and Kato was still concerned about what the noise was on the wall. He kept repeating, you know, you sure you didn't feel an earthquake, this and that. And Simpson overheard us talking about an earthquake and he asked, as in a question way, he said oh, we had an earthquake? At that time he was walking back into the house. Kato followed him into the house. At about the time that they came back out, Simpson was talking about searching the property. He pointed in one direction and said you go that way, pointing towards the garage area, he said I'll go this way, pointing going around the back way of the house. Kato started walking towards the garage area and Simpson followed right behind him. He didn't go the other way.

Let me understand this. Mr. Kaelin started heading in the direction that he had been before, behind the garage?

Right.

And Mr. Simpson indicated that he was going to go in a different direction?

Correct.

What did Mr. Simpson then do?

He followed Kato towards the garage area where Kato was -- he was heading back behind that.

What did you do during this time?

I closed the trunk and I closed the doors on the limousine and I proceeded behind Mr. Simpson.

So it was the three of you?

Yes.

And about how far did you get, the three of you?

Kato was just past the corner of the garage, yes. (Mr. Petrocelli indicated to Exhibit 116.)

Simpson was a little farther behind him, not much farther, and I was right behind Mr. Simpson. Simpson then turned around and saw that I was following back there, and he said we got to go, we got to get out of here.

Then what happened?

So we turned around, went back to the car. I let him in the back, I got into the driver seat, and went to the Rockingham gate that Kato opened up for us.

Kato opened the Rockingham gate by using this control box here (indicating)? (Readback continues)

Is sufficient? JUROR: That will be sufficient.

All right. Next portion the jury has requested is recording of Lange slash Simpson interview 6/13/94 page 28 lines 1 dash 25 of transcript, item number 782. Have you got it keyed? Okay. (Mr. Foster nods)

Play it. (Audiotape is played at the requested portion) (Audiotape completes playback)

Next is O.J. Simpson direct testimony 11/25/96 re his activities between 9:45 and 11. That's going to be page 15 line 14 through page 29 line 7, page 29 line 10 through page 38 line 25. And page 42 line 9 through page 99 line 2. That's a large chunk of testimony so again, advise me if you've heard what you wanted to hear and you do not want to hear any more, okay? (Readback commences) ORENTHAL JAMES SIMPSON, called as a witness by the Plaintiff, was sworn and testified as follows:

Now, when you got back from McDonald's, you made a call, another call, your final call to Paula Barbieri at 10:03 p.m., true?

That's correct.

And you're leaving her messages in a number of those calls, aren't you?

I think I may have left her -- I'm pretty sure I left her one early on and then I believe I might have left her one after. I may have. I know if I did it wouldn't have been more than a couple messages, maybe once for -- once after the recital, and I know I did at 10.

Page 8, 9, 12 through 13. I want to talk about this 10:03 time period now.

Yes.

When you spoke to the police detectives on June 13, hours after Nicole's murder, you told the police detectives that you made a phone call to Paula driving over to her house in your Bronco, from your cell phone. True?

I don't think that was the 10:03 call. I believe that we were talking about earlier.

Excuse me, sir. Answer this question: When you spoke to the police on June 13, hours after Nicole's death --

Yes.

-- you told the police that you, after the recital --

Okay.

-- made a phone call while driving over to Paula's looking for her, from your Bronco, the car you'd rather drive than any other car, using your cell phone, true?

I don't think I said from my Bronco, but I did imply that I was driving to Paula's right after the recital and I made a call to Paula.

You implied it or you said it?

I don't recall but I know it was implied.

Let me read it to you. Page 8. (Reading.) "

Where did you go from there, the recital?"

I'm going to skip at the judge's request the "ums" and "greats." Mr. Baker, I'm at page 8.

(BY MR. PETROCELLI) (Reading.) "Where did you go from there, O.J.? "Home. Home for a while and got in my car for a while, tried to find my girlfriend for a while. Came back to the house."

(BY MR. PETROCELLI) Again, page 9. (Reading.) "After the recital you're referring to? "I came home, and then I called Paula as I was going to her house and Paula wasn't home."

Page 12 and 13.

Well, that -- read the questions and the answers.

I was trying to shorten it up. If you want me to read the questions and answers, I'll be happy to, Mr. Baker. I have no problem with that. Okay. Let's start at page 12.

(BY MR. PETROCELLI) (Reading.) "QUESTION" --

Can you give me a line, please.

Yeah. We'll start it at line 23, referring to did he take it to the recital, meaning the Bronco.

(BY MR. PETROCELLI) (Reading.) "Did you take it to the recital? "

No. "

What time was the recital? "

Over at about 6:30. Like I said, I came home, I got in my car, I was going to see my girlfriend, I was calling her and she wasn't around. "

So you drove the -- "

Bronco. "

You got home in the Rolls, in the Rolls -- "Yeah. "

And then you got in the Bronco? "

Bronco, 'cause my phone was in the Bronco. "Okay. "

And cause it's -- the Bronco is -- the Bronco is what I drive. "Yeah. You know, I drive -- rather drive it than any other car. And as I was going over there I called her a couple of times, and she wasn't there and that she had left a message. And then I checked my messages, she had left me a message that she wasn't there, that she had to leave town. Then I came back and ended up sitting with Kato."

(BY MR. PETROCELLI) You told the police you drove to Paula's after the recital, in your Bronco, and made a call to her from your cell phone, true or untrue?

True.

The only time after the recital that you have any cell phone calls to Paula is at what time, looking at your cell phone records?

10:03.

So, sir, you were in your Bronco calling Paula at 10:03, just like you told the police, true?

That's incorrect.

Oh, so you lied to the police?

No.

You have a different story now. It's different now, isn't it?

It's different, isn't it?

Yes.

It's -- now you say you didn't get in the Bronco, and drive to Paula's, and call her from the phone, true?

That's true.

That's what you now say, true?

That's true.

Okay. And you now say that of course after meeting with teams of lawyers and investigators and defense experts and seeing that there are cell phone records at 10:03 putting you in the Bronco, true?

True.

And by the way, at the time you gave your statement to the police, you were not familiar with cell phone records, were you?

I don't understand what you mean.

Well, you testified in your deposition, line -- at page 2144, that the cell phone bills go to the office and are paid by someone there, meaning Cathy Randa?

Yes.

Okay.

But I understand cell phone records.

Now you do?

I always have.

You also told the police, sir -- well, withdrawn. So your story now, then, is that you didn't make this call from the Bronco, right?

That's correct.

(BY MR. PETROCELLI) And your story -- And your story now, sir, is that, in fact, your cell phone wasn't even in the Bronco as at 10:03, right?

That's correct.

You're now saying that you took it out of the Bronco hours before?

That's correct.

Let me read what you told to the police about that subject. One second so I can get the page number for your counsel. Here it is. Page 15, at line 22. (Reading.) "

"Do you recall bleeding at all in your truck -- in the Bronco? "

I don't think that's complete. (Counsel hands document to witness.)

(BY MR. PETROCELLI) Do you remember saying that to the police, yes or no?

I remember saying that and more to the police.

You think this transcript is wrong, is that what you're saying?

I know it is.

(BY MR. PETROCELLI) You told the police that the last thing you did, sir, was you, before leaving for the airport, went out and got your cell phone from the Bronco, because it was in the Bronco, at 11 o'clock, true?

That's incorrect.

Now you're saying the police statement is wrong because you don't want the phone to be in the Bronco at 11 o'clock, true?

It wasn't in the Bronco.

(BY MR. PETROCELLI) What is your story now? By the way, on this, you didn't get the cell phone when you were leaving, you got what?

My cell phone comes with attachments, extra batteries, there's a little case that I carry it in when I'm -- with an extra battery, and there's a plug-in you can use in any automobile. I believe if you got the correct -- if you listen to the tape, and not your -- that's my answer. That's my answer. And I think I implied that when I said that to the police. You just don't have it on your transcript.

Sir, I asked you on Friday if what was recorded on the tape was accurate and you said it was?

No. What was on the tape is accurate, but they don't have the whole thing.

Now you're saying you didn't get the cell phone when you were leaving for your one-day trip to Chicago, but you got cell phone accessories, right?

Yes.

That's what you're saying?

So you specifically remember now, two and a half years later, that it wasn't -- the phone -- the phone wasn't in the Bronco at 10:03, right, you specifically remember that now, right?

I don't -- I don't get the question. I remember that --

You specifically remember your phone was not in the Bronco at 10:03, correct?

Correct.

And you remember -- and you remember that it was accessories, and that's what you meant to tell the police, that you went out to get cell phone accessories for the one-day trip to Chicago, right?

Yes.

Okay. Let me read what you said at page 16 of your police statement, line 22. I'll start at 16 just for some context. (Reading.) "

So did you do anything -- when did you put the band-aid on it? "

Actually, I asked a girl this morning for it and she -- "And she got it? "Yeah. "Okay. "

'Cause last night I just put -- I mean when Kato -- When I was leaving he was saying something to me and I was rushing to get my phone and I put a little thing on it and it stopped."

Remember telling that to the police?

I don't remember telling them, but I read the transcripts.

Put this on the Elmo, Steve.

(BY MR. PETROCELLI) Let me ask you about this.

Put that on the Elmo. (Transcript displayed on Elmo.)

I want to focus on this. Can you do a little better on that? No, no, no, I want to see the whole thing. Back, back. Okay. Right there. Move it over. Okay, can you see that? (Indicating to TV screen.)

Yes.

First of all, you're clear in your mind, sir, that the time frame you are talking about in giving this answer, about getting your phone, was at the very end of the night when you were leaving and Kato was talking to you, right?

Correct.

And you told the police, I was rushing to get my phone and put a little thing on it, right?

Correct.

And earlier you said the last thing you did when you were talking to the police was you got your phone out of the Bronco, right?

That's what I said, yes.

Okay, you can take it off.

You were calling Paula, driving in your Bronco to Bundy, calling Paula 'cause you were desperate and you were alone that night, true?

Untrue.

(BY MR. PETROCELLI) You'd have no other reason for calling Paula at 10:03 p.m., you called her all day, true?

Did you not call Paula all day long starting about 2:12, with your phone records there?

I called Paula a few times that day, yes.

(BY MR. PETROCELLI) And you knew that she was gone?

No.

Right?

Not really, no.

You told Lenore Walker that's Las Vegas or Arizona. I just read in her notes you told her that February 25, 1995?

Among other things, yes.

So you knew Paula wasn't home?

No.

You were desperately trying to get in touch with her, weren't you?

I wouldn't have called if I didn't think she might have been around.

What your reason, your story, now, sir, is you were looking for a ride to the airport?

That if she was still in town, that it was still not too late for her to take me to the airport.

You knew a limo had been arranged by your secretary, Cathy Randa, to be at your house at 10:45 like clockwork, like always, right?

Yes.

So -- so now you say that you made the phone call standing from where, sir, on the cell phone?

I was in my front yard near -- if you have a picture of my front yard -- near where my Bentley was parked.

Before I show you the front yard, how many phone calls did you make on your cellular phone all day on June 12, outside of your Bronco?

This would have been the only one.

So every other time you used your cell phone that day, 2:12, 2:13, 2:18, 2:22, 2:23, 2:24, you're in the Bronco, right?

One ride from the golf course in from the Bronco.

Where your cell phone was?

Yes.

And it was still in the car in fact when you came home from the golf course?

That's right.

It was still in your car when you were at the recital, weren't you?

That's correct.

Yes. You remember when you say you took it out of the car, the phone out of the Bronco?

Yes.

When do you say, between like 7:30 and 9, thereabouts?

Correct.

The only call you would like this jury to believe that you made from your cell phone not in the Bronco, but in your driveway, is at 10:03, right?

That's correct.

You said you pulled your Bronco in to get some stuff out of it, right?

Yes.

And by the way, the first time you pulled it in, you just took out your golf clubs, right?

My golf clubs, my cell phone,

Cell phone? Sure about that?

Yes, that was about that time that I took it out.

Okay. And you didn't take out the cell phone accessories, did you?

No, I didn't look for it.

Just looked for it -- it was right there in the passenger seat.

Well, I didn't look for it.

What do you mean? It was right there in the passenger seat; how could you have missed it?

I didn't look for it.

Okay. So you just get the phone out. And by the way, the phone was just by the passenger seat too, it was right there in between the two seats too, right?

That's correct.

You took one, but not the cell phone accessories?

That's correct.

You left the Windbreaker there too, that was over the console, right?

That's incorrect.

Okay. You didn't take the Windbreaker out at this time, did you?

No.

So you just took out the -- the phone and your clubs, right?

That's correct.

And you went inside, did a little stuff, and you parked your car, and you claim you parked it on -- on Rockingham at this time, right?

(BY MR. PETROCELLI) Prior to around 9 p.m. on Rockingham, right?

That's correct.

You had to make a couple of other trips out to that car that night to get stuff, didn't you?

I think I looked out there one other time.

Well, you looked there for a club, once, right?

Yes.

And then you went out there to get your accessories, right?

Yes.

And you're sore-legged, stiff that night, want to cut down your walking time, right?

Yes.

That's why you took the short distance to the Bentley, because you didn't want to walk the distance to the Bronco, right?

Not necessarily, no.

That's what you said on Friday; you were stiff-legged, that's why you took the Bentley?

I took the closest car.

And you said you were stiff-legged. Do you want me to read it?

Yes.

Can you find it?

(BY MR. PETROCELLI) Said you were sore and stiff, right?

I was.

Okay.

All day.

All day. And you wanted to take the shortest car, right?

I just took --

Shortest distance?

I just took the closest car when I came out of my house.

But you made a lot of trips to that Bronco that night, didn't you?

I believe two.

And you had to walk out and get it, too, right?

Yes.

Okay. Now, when you got the phone, you said you put it in your kitchen, right?

Somewhere in my kitchen.

Okay. Now --

Where I normally put it.

It's around 10 o'clock, it's after McDonald's, and you're getting closer to the 10:03 phone call. Your story is you go in your garage, passing some time, pick up a club or two, open up the garage door, and are going to go out to swing some golf balls, right?

No, that wasn't my purpose at all.

That's what you did, right?

Among the things I did. I hit four or five balls, yes.

Yeah, and as you were going out to the garage to do this and to look for clubs and other things, you realize you left your phone in the kitchen, right?

I don't think it worked that way. As I said, I wasn't clear if I picked it up before I went out, or either I came back in and picked it up when I came out of the house, I had my cell phone with me.

And just so we -- just to satisfy your counsel's request, at page 219, line 14, from Friday's testimony, you decided to take your Bentley to a fast-food store, right? "

I decided to drive the car that was closest when I walked out the door. I was a little stiff."

Yes.

"As I'm sure Kato will tell you. And I just took the nearest car when I walked out the front door." Okay. Let's get back to where we were. You went and got this phone from the kitchen so that you could go outside and find golf clubs, right?

Yeah. I -- I -- Yes, I did pick up the phone, either before I went in the garage, or I came out of the garage and grabbed it. I'm not really sure which one, but I did pick up the phone before I came out.

You're not sure about which one, but one thing you will swear on your oath, you are sure of, sir, is, you went and you got that phone, didn't you?

I went outside, yes.

Are you absolutely positive that you went in the house at some time -- at 10 o'clock at night and put a phone in your pocket?

Yes.

Okay. And you remember that, don't you?

Yes.

So then you go outside and you tried to call Paula, right?

Yes.

Well, let me ask you something: How many phones do you have in your house, sir?

A lot.

You have a phone in your kitchen?

Yes.

You have a phone in the kitchen, where the cell phone was?

Near it, yes.

You could have used that phone, couldn't you? You could have gone into the house, say, you know, what -- instead of getting my cell phone and walking outside and making a call, why don't I just use this phone? You could have done that, couldn't you?

I could have.

And you didn't, did you?

I often don't.

Who's talking about often? I'm talking about this night. You didn't do it this night?

That's correct.

(BY MR. PETROCELLI) And you decided to use -- pay more money on your cell phone instead of using a phone to make a local call?

Do it all the time.

Accept you do it all the time. But you didn't do it all the time that day, did you?

No.

The only time you did it that day, right?

Yes.

Now, when you went outside, you made this -- supposedly made this call from your driveway. You also say that you -- well, why don't you tell us what you did? Go ahead, tell us -- tell us what you did when you left the garage.

I grabbed a 3 wood.

THE COURT: Let's take the noon recess ladies and gentlemen. Don't form or express any opinion. (Recess) (At 12 P.M. a recess was taken Until 1:30 P.M. of the same day.) SANTA MONICA, CALIFORNIA; TUESDAY, FEBRUARY 3, 1997 1:30 PM DEPARTMENT NO. WEQ HON. HIROSHI FUJISAKI, JUDGE APPEARANCES: (PER COVER PAGE) (REGINA D. CHAVEZ, OFFICIAL REPORTER)

You may resume.

Give us as much detail as you can.