📄 Direct examination of O.J. Simpson (part 2) — Friday, January 10, 1997
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▲ Day 39 of 57

Direct examination of O.J. Simpson (part 2)

Witness: O.J. Simpson
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Friday, January 10, 1997 • Utterances: 242
OJ Simpson testifies on direct examination about his post-divorce relationship with Nicole, covering the period from late 1993 through late May 1994. He describes Nicole's move to Bundy Drive, Kato Kaelin moving into his guest house, the failed reconciliation attempt, Nicole's erratic behavior while he was filming in Puerto Rico, their Mother's Day split, and his subsequent resumption of the relationship with Paula Barbieri. The testimony is detailed and largely narrative, establishing OJ's version of a complex, emotionally turbulent separation that ended definitively by the end of May 1994.
1 A:

It was over that night.

2 Q:

And then you continued to see Nicole while you continued to be very busy that fall and early that year?

3 A:

Yes.

4 Q:

Now, during October, November, December of 1993, were you still shooting a movie?

5 A:

I think we were finishing right around that time. I had just finished and had—maybe had to do some voice-overs, but it was in October. It may have spilled a little bit into November. I'm not 100 percent sure. It was around that time it was finishing.

6 Q:

Did you go to back to New York?

7 A:

Yes.

8 Q:

And you remained back in New York—I mean, basically, as your place of residence until after the football season?

9 A:

Basically, yes.

10 Q:

Now, between October of—well, like in the later part of December of 1993, did you come to learn that Nicole was going to move from Gretna Green?

11 A:

Well, she had found a place a little earlier than that and she was going to move and it fell through. And then she had found this place on Gretna—I mean on Bundy, and eventually moved there. But she was—she wanted to move back home. And I still wasn't ready. I said we have to wait a year. And so she had to look for a place because her lease was—her lease was really up on Gretna Green, and she wanted to move back in with me. But I said, hey, I said a year. And so she was kind of in a pinch. She had to—she didn't want to rent again. She wanted to buy a place and consequently proceeded to attempt to sell her condo in San Francisco, a gift I had given her, you know, upon our marriage.

12 Q:

All right. Now, the condo in San Francisco was the one that you purchased when you had been playing for the San Francisco 49ers?

13 A:

Yes.

14 Q:

And when you got married you turned over the title of that property free and clear to Nicole, right?

15 A:

Yes. My mother told me that the devil works through idle hands. And so I was encouraging her to work and encouraging her to be a little independent of me, so I wanted her to have her own income, and I knew there was a healthy income coming from the renter of that property.

16 Q:

After you had left San Francisco as a 49er that property became rental property?

17 A:

Yeah. I had been renting it out for years.

18 Q:

So the income from that property was Nicole's and that property was Nicole's?

19 A:

Yeah. I gifted her free and clear so that she would have—if she was having kids and she doesn't really want to work, even though she did some decorating, I wanted her to have an income. We always kept our finances separate. And I just wanted to make sure she had an income separated from mine, that she would have an income.

20 Q:

Now, it was during that period in December of 1993 that she had sold the condo in San Francisco?

21 A:

Yeah. She had some problems because she had once sold it, then decided she—agreed to trade it and there was a lot of complications going on that I tried to stay out of. And being in New York it was sort of easy. But she would call me for advice from time to time.

22 Q:

Generally speaking, that condo had appreciated in value from the time that you had purchased it and indeed from the time that it had been gifted to Nicole, had it not?

23 A:

Yes.

24 Q:

And the difference, that is of—of the value that it had originally and the value that it appreciated to would be taxable; that was your overall basic understanding, was it not?

25 A:

Yes.

26 Q:

And so she wanted to trade it, so that she wouldn't pay any taxes on the appreciation, for another piece of property, correct?

27 A:

That's what I came to understand.

28 Q:

And one of the conditions of the trade would be that whatever property she traded it for had to be the same type, i.e., rental property, right?

29 A:

That's what I came to understand, yes.

30 Q:

Okay. And so her problem was that if she didn't have rental property, she had to pay taxes, right?

31 A:

I believe so.

32 Q:

And what was the approximate amount of those taxes?

33 A:

I believe 70 or $80,000.

34 Q:

Now, she then bought Bundy and moved into Bundy, correct?

35 A:

Yes.

36 Q:

Now, before she had purchased it, that was with the money from the sale of the San Francisco condo?

37 A:

That and—see, I never paid alimony. I just did a cash settlement with her. Part of the cash settlement was X amount of dollars, I believe, to go to housing. So between the two she bought Bundy.

38 Q:

Okay. The tax problems generated by her moving in was that the taxes became due and she moved in, correct, if you know? And I'm not trying to—

39 A:

At the time I didn't know. I always assumed you had six months or a year to deal with that.

40 Q:

Okay. Six months, did she then during the period of January of 1994 to the time of her untimely death, did she use your house as her address?

41 A:

Yes. What she did was—I got a call from my housekeeper telling me, in December, that Nicole came over and told her that if anybody called her there just to say she wasn't home, and if any messages or mail came in for her, to put it aside. And then my housekeeper, Michelle, called me and asked what that was about. And then I consequently called Nicole and asked her, to see what this was about, and she began to explain this to me. I encouraged her to pay the taxes, buy the house, don't carry any paper, so that down the line if anything happens you got a house to stay in. And her feelings were why should she pay the taxes since we were going to get back together anyway and she was going to rent the property anyway. So we went back and forth on that. And I finally said, look, okay, you can use my house as an address only if you take—call your tax guy and find out how much money you owe in taxes, take that money, put it in an account so that if we don't get back together, you can pay the taxes and you don't lose the house and she did that. So on her death, as I understand it, she had two accounts even though she had, I guess, loaned her dad some money out of that account to pay her taxes.

42 Q:

All right. Now, you had no objection to her using your residence until—your residence address as her residence address as long as the reconciliation period was ongoing?

43 A:

As long as there was a chance. I understood her argument that if we got back together why pay the taxes since I—if I was going to— since I was going to rent the house out. At the same time I was very up in the air. I was very skeptical, honestly, even though we were getting along, that we would get back together. And I wanted to make sure if we didn't, she had the money to pay her taxes.

44 Q:

Now, Kato Kaelin had lived with her at the Gretna Green address, had he not?

45 A:

Yes.

46 Q:

Did you have a discussion with Nicole relative to him moving into the condominium on 875 South Bundy?

47 A:

Yes. As I said, she was about to move, she thought she had to move quickly, just before this, and I guess her and Ron Fischman had found a place, I guess she was using Ron's advice, she was going to move into. At that point she had—she wrote a note for Kato telling Kato, you have to find a place to live because I'm going to move. I was at her house having dinner and I saw the note and I said to her then, you know, well, if he's stuck for a place he can use my guest house, I'm not around. So here it was a little later and she was moving into Bundy and she came and showed me the floor plans and was telling me her thoughts, and she asked me would it bother me if Kato moved in. I said yes, it would. One, there's no room for him. Two, under the same roof—I don't think it's right for my kids to be under the same roof with anybody. I had no problem with Kato, hadn't for the six months he had been living at her place. And she said, well, I'll tell him. Then she asked me to tell him. And when I called him I said, look, I have a problem here. He said oh, that's fine, geez, when is she moving. I said, I think tomorrow. And he says, well, I'm kind of stuck with a place, I've got to find a place. I said, look, you can use my guest house until you find a place. And he said, can I? And I think, within hours, he was in my guest house.

48 Q:

Did he offer to pay any rent?

49 A:

I actually told him—he asked how much. And I actually told him, no, it's nothing until you find a place, but continue to help her, continue to do whatever you were doing with her. And I gather they had a rift not long after that.

50 Q:

Okay. In any event, then, Kato moved into your guest house close to the 1st of January of 1994?

51 A:

I wasn't around, but I know he moved in that same day. We had the conversation 'cause I was around then.

52 Q:

During January, February, March and April, were you basically out of the Los Angeles area?

53 A:

Yes.

54 Q:

What were you doing?

55 A:

Well, the football season didn't end until just about February. And then once it ended, I spent a lot of time in February, March in Florida. I have certain obligations that may not sound like obligations; I'm playing a charity golf tournament. It's almost like payback time like for me, like Marino, Shula, who helped me out during the football season. And then because of football, I'm so busy, have an obligation to Hertz, and to various companies that I work for to, you know, to do the work that I do for them. So I'm—I was out of town. And when I was in town I basically was at Nicole's house or the golf course.

56 Q:

Now, when did you go to Puerto Rico to shoot a movie?

57 A:

In April.

58 Q:

And how long were your in Puerto Rico?

59 A:

Three and a half to four weeks.

60 Q:

Okay. Now, during that period of time, did you have a lot of telephone communication with Nicole?

61 A:

Yes.

62 Q:

And during that period of time were you somewhat concerned about Nicole?

63 A:

Very much so.

64 Q:

Tell us why you were concerned about Nicole?

65 A:

Well, when I left to go to Puerto Rico, I—actually, the day that I left—I had spent a great weekend with Nicole at her house, she had just returned from Mexico, and for the first time in the year that we had started our reconciliation—I had always said to my friends or even to her family that I was skeptical there—about us getting back together. I thought it was too much work. That day, as I was going to the airport, I actually called her mother and her father from the limousine and told them for the first time, maybe this thing will work, I just had some nice—a couple of nice months with your daughter. We just spent a great loving weekend together. You know, maybe I was wrong, maybe this thing will work. I went to Puerto Rico. She was supposed to join me the next week and we were to go to a wedding in Miami from Puerto Rico. But when I would call her I literally didn't know who I was talking to from day to day. One day she was upset about something and wouldn't tell me. The next day she would apologize and said she loved me. The next day I couldn't even get a word out of her. So I was real concerned about what was going on. I kept asking her what's going on and I started talking to her mother and to one of her friends.

66 Q:

Now, OJ, you are a person who, putting it mildly, uses the telephone a lot, would you agree?

67 A:

Yes.

68 Q:

And during the time that—after you— she wanted to separate and in early 1992, did you talk a lot with her mother on the phone?

69 A:

When we first separated I talked to her mother all the time. I mean her mother, as I said, was almost like a shrink for me.

70 Q:

And did you also communicate a lot with the family in April of 1994 when you noticed unusual behavior?

71 A:

Not really a lot. I think only a few times. I talked to Judy after about two weeks when I was very much concerned around the—the week leading up, I believe, to the 20 or the 22. I was very concerned and I called Judy and I told Judy you should call Nicole and talk to her, something's going on, and I was concerned about her.

72 Q:

And you were out of the country at this time?

73 A:

Yes.

74 Q:

Now, when did you return from Puerto Rico to Southern California, OJ?

75 A:

I came back either the last day of April or the first day of May.

76 Q:

And during the time that you were in Puerto Rico, did this behavior where one day she was the Nicole that you knew and the next day the Nicole that you didn't know, did that continue?

77 A:

Well, right up until a few days before I came home, about mid-week she called or I called—I don't recall, and she apologized to me for the way she had acted the last few weeks. She sort of blamed a few things; what her friends were going through, and she told me she loved me, when I was coming home she wanted to be at the airport to get me and all of that, and she was. But by then I felt I didn't like what was going on and I had told her mother that week that, you know, I didn't like what was going on and I was ready to leave the relationship.

78 Q:

Now, May of 1994, when you got back, were you—were you working, shooting a film at that time?

79 A:

Yes, we still had another week to go on shooting the film.

80 Q:

And where was that being shot?

81 A:

Once I got home, I think somewhere in the Valley, I can't recall, near Chatsworth.

82 Q:

Okay. But in any event, certainly in the Southern California area?

83 A:

Yes.

84 Q:

Now, had you made arrangements with Nicole to be with her and go down to Laguna for Mother's Day?

85 A:

Yes. When I got back, not the first day I got back, but the next day, I sat her down and told her I wasn't happy with what was going on and, you know, maybe it wasn't working and we had—she had a little suggestion about us dating each other and maybe we shouldn't talk about all these other things and act like we were on our first or second date. And so that Wednesday, even though I was still working, after work I picked her up, we went out and had a good time. Then I said, okay, Saturday night is our night. I had to work that week. She went out a few more nights and went to Laguna. And Friday night, after work, work was over about 3 in the morning, it was the last shoot for the film, I drove directly from Chatsworth to Laguna so that I would be able to attend my nephew's, Denise Brown's son, first communion the next morning, and consequently go out with Nicole that night.

86 Q:

What happened after you got down to Laguna?

87 A:

Well, I got there early in the morning and went to bed. Got up early. We went to the affair. When the affair was over, we went to the Brown's house. There was a lot of tension at the Brown's house, mainly between Nicole and Denise, because Nicole had made a comment about Sean.

88 MR. KELLY:

Objection, calls for hearsay, Your Honor.

89 THE COURT:

Sustained.

90 A:

There was this tension there. Nicole went home to my house, to my condo, and went to sleep. It was like 11:30, 12 -- And went to sleep. I stayed there and talked to the Browns a—a little bit about my concern. And everybody seemed concerned. And I then spent most of the day going around getting Mother's Day gifts for Judy, for Denise, for Dominique, they're all mothers in the house, to get them at least flowers and to buy a gift for Nicole. And every time I went to the apartment, Nicole was asleep. And the kids were with us at the Browns' house. And about 6, I went to the house and took a nap and I woke up and had to wake her up and said, Nicole, you got to get up, we're going out to dinner. And she got dressed, and when we got to the—I had warmed the car up. And when she came to the front door, she started shaking and just—I can't even describe it. Just started saying, I can't do this, and shaking and—she couldn't explain what she was feeling, she couldn't explain what was going on, and, you know, I was—I was sort of lost. And I finally got her seated, calmed her down. We went and dropped some things off at the Browns' house. Went to dinner. Had a nice dinner. Ran into a friend of ours named Matlin, and really had a very pleasant dinner and came back. But I told the Brown family the next day what had transpired and my concerns about it. We went on to have a very nice Mother's Day at the Browns' house.

91 Q:

Did you then have a conversation—have a conversation the following day with Nicole about the fact that you were probably going to go your separate ways or she would have to go to counseling?

92 A:

I'm not sure if it was that night or the next night, I gave her sort of an ultimatum, I said I can't do this anymore, I said, look, I'll try it throughout the summer if you go back to counseling. 'Cause she had been to counseling, I guess, leading up to her asking me to get back in the relationship. She really—wasn't really into coming—going back to counseling. And we talked and we decided that it just, you know, that maybe we got back together too soon. I mean it was, you know, that, but it wasn't working, and we decided to go our separate ways for now, anyway.

93 Q:

And that was Mother's Day weekend?

94 A:

That was either that night—it was either that Sunday night or the next night, I'm not sure. It seemed to me it was that night. I might have come over the next night because I didn't want to talk that night. I don't totally recall. It was one of those two days that I—I told her that I— something had happened.

95 Q:

And you had, during the time following the separation in 1992 and the divorce, a girlfriend named Paula Barbieri, did you not?

96 A:

Yes, I did.

97 Q:

And you had told Paula—or tell us what you had told Paula when you went back with—the year May of 1993?

98 A:

I told her—we had gone to lunch, to a restaurant in Los Angeles, and I told her what my thoughts were and I told her about my feelings towards Nicole and the family and essentially, you know, what my mother told me, that I don't know if I could ever have a full relationship with another person until I resolved what was happening in this relationship, I mean with Nicole, and I felt an obligation to try to get back into that relationship and give it a shot. Paula was hurt, but she was totally understanding. And we split. A year later, I—

99 Q:

That's what I was getting to.

100 A:

Yeah. A year later, I had gone to the office the next day and informed my office that it was sort of over with Nicole and I, and Kathy Randa, my assistant, said, you won't believe this—

101 MR. KELLY:

Objection, calls for hearsay.

102 THE COURT:

Sustained.

103 A:

I became aware that Paula Barbieri was coming in town that night, and so I made arrangements to cancel her limo and to be at the airport, after I found out she didn't have a boyfriend, and—and I picked her up at the airport. I took her to dinner. We talked, and at that time really didn't decide if we would try it again. She just said, let me think about it a few days. And essentially we started seeing each other again.

104 Q:

And this was after approximately May 10 of 1994?

105 A:

Right around—she was coming back I believe from—Mother's Day having been spent with her mother in Florida, so it was the day after Mother's Day or two days after Mother's Day.

106 Q:

Okay. Now, thereafter, did you continue to see Paula Barbieri?

107 A:

Yes.

108 Q:

And you were in public with Paula after the 10th or 12th or whatever?

109 A:

Yes, even that very first week, around the 13th or 14th I believe, Ron Fischman—well, right around that time, Ron Fischman came to me and said that Cora—

110 MR. KELLY:

Objection, calls for hearsay.

111 THE COURT:

Sustained.

112 A:

I became aware that someone who knew Nicole had seen me with Paula and wanted to know what was going on, and I explained to them that I was back with Paula.

113 Q:

Okay. Now, in—in May of 1994 -- by the way, when was Nicole's birthday?

114 A:

May 19.

115 Q:

Now, during the time that you were split up with her, even May of '92, after she had requested separation, did you give her a birthday present?

116 A:

I always gave—I think the only time I didn't give her a gift was our anniversary of '93, and it—evidently it bothered her. But previous— when—even when we were apart, I always sent her flowers or sent her something. I gave her a watch, I think, for Christmas. I always gave her something, even though we were divorced.

117 Q:

And did you get a gift for her for her birthday on May 19, 1994?

118 A:

Yes.

119 Q:

What was it?

120 A:

A gold Cartier cigarette lighter.

121 Q:

Now, did you buy a gift for the kids to give their mother?

122 A:

No.

123 Q:

And what happened relative to this bracelet that was discussed on the tape with the LAPD?

124 A:

Well, the same day that I bought the gold cigarette lighter—it was—it was a gift that was almost like, okay, 'cause I'd always be on Nicole for years about smoking, so it was like my relinquishing, here's a gift, I thought it was kind of humorous. I went and bought Paula, because our anniversary was going to be like the 22nd when we first dated, a bracelet that matched some other jewelry I had given her. That was totally unlike anything I had given Nicole but—this was, I think, sapphires and diamonds. I don't think it was expensive at all, but, you know, it's been described as a very expensive bracelet. While we were downstairs and I was having my kids—'cause Nicole had double pneumonia—was in bed, I was having my kids sign this birthday gift, they said, what did we give Mommy? I thought, geez, I can't give her a cigarette lighter from the kids. So I went down to the car and got the other thing and gave her that from the kids and the cigarette lighter from me.

125 Q:

Okay. And that—let's just talk a little bit about Nicole and—and her having this double pneumonia. Was—we're in May of 1994?

126 A:

Yes.

127 Q:

Had Nicole ever in the 15 -- or 17 years, rather, that you had been seeing each other, had she ever been sick?

128 A:

Never. Never. This was just about the healthiest person I knew and—

129 Q:

Go ahead.

130 A:

And I said—near the end of the first week of our being apart, I went to New York. I came back, and I got a call from her or I was talking to the kids or something, and she said she was really sick, she was going to have to go to a doctor or something, and she sounded horrible. And I—I guess—I went and got her some soup and brought it to her house. She was at the doctor's. And after work that week I would go over to her house to kind of nurse her and help her and actually talk to her. I was trying to get her to look at whatever it was going on in her life to have her have double pneumonia in a person that I had never seen sick in the 15 years I've known her in her life.

131 Q:

Now, did you have conversations about the illness and about what was going on in her life?

132 A:

Yes.

133 Q:

What did you suggest that she do?

134 A:

My main point was to try to get her to go back to therapy. And she pretended that week, at least, talked that—sort of agreed that maybe she should.

135 Q:

At that point in time, Nicole wasn't taking much of your advice; you would agree with that?

136 A:

Well, you know, I only gave her—that week is probably the only time I gave her advice that wasn't, you know, solicited. Because I was concerned about her. But Nicole was doing what she wanted to do. I mean I never in the years that—even in the year we were back together, other than the fact that I wouldn't socialize with one girl because of her— what she was doing, I never talked to her about who she went out with or what she did when she went out, if she went out regularly, and I never—we never had a discussion about who she went out with or what she did when she was out. I—I pretty much left that up to her.

137 Q:

Now, did—did she subsequently give you that bracelet back?

138 A:

Yes. On the 22nd of the month of May, I was hosting a fund raiser for my kids preschool. So I had families and their kids. I give a big picnic every year to help raise money for the preschool. And Nicole came over and she had—I guess was somewhat over the flu, and she was outside mixing. At one point, I was watching, I guess, NBA championship with some of the other fathers, and she came in the room and sort of laid on my—on the couch and at one point she got up and went upstairs. And I was socializing with all the people. And I went up to check on her, and she was in my bed, and wanted us to talk, but I, you know, I didn't want to talk. I was a little concerned about her being in my bed as well. I had 3 or 400 people at my house. And I told her I'd come over to her house I believe that night to talk to her and—

139 Q:

Did you?

140 A:

Yes, I did.

141 Q:

And what happened when you went over to her house on the evening of May 22?

142 A:

Well, we talked about a lot of things. We talked about some money that she had that—she had cashed a check, $10,000 check, that was supposed to come to me, and she had cashed it and she didn't have the money to give me. We talked about the TV. I had bought a TV and put it in her bedroom that—that had head phones, because I go to bed about 8 o'clock and I wake up about 1 o'clock and I watch TV. And to keep her from waking up, I put a TV in her room. We were talking about exchanging those things. And during the course of that, you didn't really buy this bracelet for me, and I kind of smiled, and I didn't really answer her, and she gave me the bracelet back. And we talked about what we could do to make everything better with the kids, and we had agreed that—that we would at least one week—one day a week do some things together. And I think the general attitude between us was I either—at least from her to me, was that we had gotten back too soon. And I kind of went along with that, even though I didn't totally agree with it.

143 Q:

All right. Now, after the 22nd of May, the following weekend, you went down to the desert; did you, sir?

144 A:

Yes.

145 Q:

And that was—that was Memorial Day weekend?

146 A:

Yes, I believe so.

147 Q:

Okay. And—and was it before Memorial Day weekend that Nicole had called you relative to Faye Resnick wanting to go to the birth defect charity event that you put on at Cedars?

148 A:

I believe so, but it was—it—it was all—those were all within a day or so of one another.

149 Q:

Explain what that—that whole event was that—that—Nicole called you, and she was upset with you at that time, correct?

150 A:

Yeah, she was yelling at me. I had, years previous—ten years, eleven years ago, had gone and helped start a—a program to raise funds for a—childbirth defects at Cedars-Sinai Hospital, and they wanted to honor me. And I suggested, don't honor me; let's make it a sports banquet, 'cause we don't have one in L.

151 A:

And I proceeded to go out and get sports celebrities—Joe DiMaggio, Joe Montana, various people over the years, to come in and accept these awards. And it became L.

A.'s biggest sports event. We've raised millions of dollars for—for, you know, testing and childbirth defects, at Cedars. In any event, the previous year, when Nicole and I had just got back together, I let her fill my table, which was ten or twelve people, so that I could meet her friends, the people that she had been hanging around with in the time that we were apart. And she had filled the table with this group of people. Now, it was the next year, and some of the people that went were, like, Christian Reichart, who is Faye Resnick's fiancee, Ron Fischman, who is Cora Fischman's husband. So this year, with the event coming up, I had at some point invited Christian Reichart, because we had been doing some business together, and he enjoyed it the year before. And I invited Ron Fischman and his son Michael, because I knew Michael would like it, and Ron liked it. I didn't invite Faye or Cora because I was going to be with Paula. And evidently, that didn't sit well with Faye Resnick. And I was consequently called and said, why am I not coming. And I said, "Well, I'll be with Paula." She said, "Well, we love you; we love Nicole. I want to know Paula. And we'll know whoever Nicole's dating." So I said, "Okay. You can come." And I don't think that is the way she communicated it to Nicole, because when Nicole called, yelling at me—

152 MR. PETROCELLI:

Objection that part.

153 THE COURT:

Sustained.

154 MR. PETROCELLI:

Speculation.

155 A:

(Continuing.) Well, in any event, Nicole called me and was yelling at me about inviting her friends to this event. And I got angry with her, and I said, "First of all, I didn't invite her. And secondly, I never told you who to hang around with. You had all my friends come to your event, and maybe"—for the first time, I mentioned about something that she had taken it a little further with one of my friends. And she hung up on me. And then I called Christian and Faye, and I spoke to Christian first, and he said she had just got off the phone with Nicole.

156 MR. PETROCELLI:

Objection to these conversations, Your Honor.

157 THE COURT:

Sustained.

158 A:

(Continuing.) I spoke to Chistian and spoke to Faye. And my basic words to them, or at least to Faye—my words to Faye was, "You call Nicole right now and you tell her that you invited yourself to this thing." And then she told me something about Paula and why Nicole was feeling the way she was feeling.

159 Q:

(BY MR. BAKER) Okay. Now, after that conversation in late May of 1994, did you make a decision relative to yourself and Nicole?

160 A:

Yes. I said, not only because of that—I mean, it was, as I said, numerous things have happened. That was pretty much the last straw for me. And so my attitude—because of the other things that happened, even that month, with my—with my new housekeeper, after what had happened with my previous housekeeper, I just decided that I needed the distance—I needed to distance myself. And I left a message for Nicole. I informed my assistant and my housekeeper that, if it was about the kids, you know, we could communicate. If it—it's not about the kids, I don't want to hear about all these other problems.

161 Q:

Now, she had involved you, with the exception of the period from December of 1992 to March of 1993 -- and we're talking about now, up to the end of May 1993 -- and all of the problems that she had, had she not?

162 A:

She would come to me with for advice or whatever. You know.

163 Q:

She had an automobile accident in—what was it, January of '94?

164 A:

Yes.

165 Q:

And she and Faye switched drivers on that—

166 MR. KELLY:

Objection. He is now leading.

167 THE COURT:

Sustained. Jury to disregard that question.

168 Q:

(BY MR. BAKER) What happened? What did Nicole tell you, just about the driver situation, in that motor-vehicle accident?

169 A:

Well, whatever had transpired leading up to it, they—Nicole had rear-ended an elderly man and his grandson, and was—was afraid, really, because they had lied to the police about who was driving the car. And she thought that one of the people that were—that were witnessing it was going to tell, because I guess they—once the tow truck came, they left with the tow-truck driver, and she was afraid one of them was going to tell, because she thought her license had been suspended. But I guess Faye had a lawyer who had helped her in the past with problems.

170 MR. KELLY:

Objection.

171 THE COURT:

Sustained.

172 A:

(Continuing.) There was a lawyer they wanted me to talk to, who was going to handle the case.

173 MR. KELLY:

Objection. "They wanted."

174 THE COURT:

Sustained.

175 A:

There was a lawyer—

176 Q:

(BY MR. BAKER) Let me just ask you a different question. That was a serious accident, wasn't it?

177 A:

Yes.

178 Q:

Nicole was in her Ferrari?

179 A:

Yes.

180 Q:

And where, after she rear-ended this car, was the back of that car in relation to the windshield of her Ferrari?

181 MR. KELLY:

Objection, unless he had personal observation.

182 THE COURT:

Lay a foundation.

183 MR. BAKER:

1227 of the Evidence Code, Your Honor.

184 MR. PETROCELLI:

The only problem I'm having, I don't know whether he's reporting a conversation with Nicole or something else.

185 THE COURT:

Sustained.

186 Q:

(BY MR. BAKER) Did Nicole tell you how serious the accident was?

187 A:

Yes.

188 Q:

What did she tell you about the positions of the automobiles after the accident had taken place?

189 A:

Well, she was crying, and she said that they had gone totally under the front of her Ferrari, had gone totally under the car, and the car had come up on her front hood and had come right to her front window, and was sitting there. And I—I was, you know, I said, "Nick, what if that car would have come through the window?" And I really sort of got on her about what had been transpiring leading up to the accident, and the fact that they weren't honest with the police. And she was—I mean, her words to me was, she didn't want me to tell her parents. She said they'd "kill me if they knew that I did this." So her big problem was, don't tell her parents. And which I never did until—actually, until I was in jail, I believe.

190 Q:

All right. Now, she had confided in you, or not confided, but brought you in as—as kind of a counselor, if you will, on a lot of problems that she had during the period between the time she asked for space and May of 1994?

191 A:

Yes.

192 Q:

And at the end of May of 1994, did you conclude that you had to, as you suggested—

193 MR. PETROCELLI:

Don't lead, Mr. Baker, please.

194 Q:

(BY MR. BAKER) Did you separate yourself from her life, except as related to the kids?

195 MR. PETROCELLI:

I have the same objection.

196 THE COURT:

Sustained.

197 MR. PETROCELLI:

I don't mind if he testifies; foundational, for three hours.

198 THE COURT:

Excuse me. Let's not have any comment like that. Just ask a question in the manner in which would be acceptable to the Court.

199 Q:

(BY MR. BAKER) What did you decide to do relative to your relationship with Nicole after— towards the end of May 1994?

200 A:

Well, because of these, as I say, some problems that she had with both my housekeepers, and even Kato, in my home, I—I just—I—you know, I just felt I needed to separate myself from her and give her no real excuse, other than the kids, to come by my home. As I said, it was—it seemed to be problem after problem after problem. And whenever I would speak to her, it was about the various problems her friends were going through, or as I said, the disruption in my household with my first housekeeper, Michelle, and then after even her and Cora found my second housekeeper, it began to be disruptive with myself. My second housekeeper, who came to me with real concern about conversations she had—

201 MR. PETROCELLI:

Objection to these conversations.

202 THE COURT:

I'll sustain my own objection. It's not very responsive to the question you asked.

203 O.J. SIMPSON:

Okay.

204 Q:

(BY MR. BAKER) Okay. Now, in June of 1994 -- well, strike that. Let's go back to Memorial Day weekend. Did you go down to the desert?

205 A:

Yes.

206 Q:

And did you play golf?

207 A:

Yes.

208 Q:

And did this upset anybody in particular?

209 A:

Paula Barbieri, yes.

210 Q:

And did she spend the entire weekend with you?

211 A:

No. She left.

212 Q:

And did you spend any great deal of time talking to Jackie Cooper about the—about your relationship with Nicole?

213 A:

I—in terms of he felt that his wife was about to leave him, which she did. In terms of trying to explain to him, you know, about, you know, commiserate with him about the problem he was having. Obviously, like most people, I shared with him things that had happened in my relationship.

214 Q:

And were you disappointed that the year's attempt to reconciliation hadn't worked?

215 A:

Yes.

216 Q:

Did you express that to anybody?

217 A:

If they asked me, yes.

218 Q:

And by Memorial Day weekend, had you— well, strike that. Did Paula break up with you often?

219 A:

Well, I say broke—break up. She gets, you know—well, yes. But it was, you know, as always, her answer to leave and say we're broken up. That happened on numerous occasions. Virtually every single one of the situations pertained to me playing golf.

220 Q:

I know the feeling. Now, relative to the week after Memorial Day weekend, where were you?

221 A:

After Memorial Day weekend, I think I came home. I believe I came back for—I came home for—for a period of time. And you—Yes, I did. Because, you know, the day I got home, Paula and I got back together, and we went to a party that week. And then the following week, I had a very busy schedule. I—I had to play back east and go to numerous cities.

222 Q:

All right. Now, did you request—

223 THE COURT:

You're the pitcher.

224 MR. BAKER:

Pardon?

225 THE COURT:

You're in control.

226 MR. BAKER:

I wish that were true. I get—

227 THE COURT:

Whenever you want to break—I'm just watching. It's getting close.

228 Q:

(BY MR. BAKER) Let's just ask you one more question in that regard. And that is: Did you request your attorney to—or Kathy to send a letter relative to Nicole not to use your address as her address?

229 A:

Yes.

230 Q:

And did you do that to be mean, to be—

231 MR. PETROCELLI:

Objection. It's leading.

232 Q:

(BY MR. BAKER) Did you turn her in to IRS for not paying taxes?

233 A:

No.

234 Q:

Did you intend to turn her in to the IRS for not paying taxes?

235 A:

No.

236 Q:

What was your purpose in sending her a letter relative to not using your address as her address?

237 A:

My first purpose—and why it came up was, to keep her from coming to my house and—and harassing my housekeeper. On that—I'm sure that was part of it. That had to do with—I had a concern; I spoke to Nicole's mother about it—about what was going on with her. And I didn't want her to lose her house. And I—I never had a problem with the IRS in my life. And I—since—during that period of time, that she was going to create some problems for herself, and I did not want to see my kids lose this house, because it was a very nice house, and they liked it.

238 Q:

Now, did she ever indicate to you that she was angry about that?

239 A:

To me, no.

240 Q:

Mr. Simpson, from 1977, to and including the present, did you love Nicole Brown Simpson?

KEY QUOTE
241 A:

Yes, very much so.

242 Q:

And you told this jury that you never harmed her, never touched her physically, in any way, shape, or form after January 1, 1989?

Temperature

tense

Key Quotes (5)

OJ Simpson
Mr. Simpson, from 1977, to and including the present, did you love Nicole Brown Simpson? Yes, very much so.
Baker's closing question of the session, setting up the emotional frame for OJ's denial of harming Nicole.
OJ Simpson
when she came to the front door, she started shaking and just—I can't even describe it. Just started saying, I can't do this, and shaking and—she couldn't explain what she was feeling
OJ describes Nicole having what sounds like a panic or dissociative episode on Mother's Day, which he uses to suggest she was psychologically troubled in her final weeks.
OJ Simpson
My first purpose—and why it came up was, to keep her from coming to my house and—and harassing my housekeeper.
OJ explains the letter cutting off Nicole's use of his address, framing it as protective rather than punitive, and denying any intent to expose her to IRS consequences.
OJ Simpson
I actually told him—he asked how much. And I actually told him, no, it's nothing until you find a place, but continue to help her, continue to do whatever you were doing with her.
Establishes OJ's account of how Kato came to live rent-free at Rockingham, in exchange for helping Nicole—key context for Kato's role on the night of the murders.
OJ Simpson
I never in the years that—even in the year we were back together, other than the fact that I wouldn't socialize with one girl because of her—what she was doing, I never talked to her about who she went out with or what she did when she went out
OJ presents himself as hands-off and non-controlling—directly countering the domestic violence narrative central to the plaintiffs' case.

Evidence (5)

Informal
Gold Cartier cigarette lighter purchased by OJ as Nicole's birthday gift
discussed
Informal
Sapphire and diamond bracelet OJ bought for Paula Barbieri, then given to Nicole's kids to give her
discussed—Nicole returned it on May 22
Informal
Letter sent by OJ's attorney to Nicole instructing her not to use his Rockingham address
discussed
Informal
San Francisco condominium gifted to Nicole upon marriage
discussed as background to Bundy purchase and tax liability
Informal
LAPD tape referencing the bracelet
referenced informally

Notable Exchanges (3)

Mr. BakerMr. PetrocelliJudge Fujisaki
Baker repeatedly led his own witness and elicited hearsay; every objection was sustained. At one point Petrocelli commented sarcastically about foundational testimony taking 'three hours,' drawing a rebuke from Fujisaki.
adversarial/procedural
Judge FujisakiMr. Baker
Judge tells Baker 'You're the pitcher' when Baker seems uncertain when to break, prompting Baker to joke 'I wish that were true.'
light
OJ SimpsonMr. Baker
Extended narrative about Nicole's erratic behavior while OJ filmed in Puerto Rico—mood swings, silence, apologies—and OJ's concern, framing Nicole as emotionally unstable rather than OJ as threatening.
strategic

Light Moments (2)

Mr. Baker
Baker jokes 'I know the feeling' when OJ says Paula broke up with him virtually every time he played golf.
Judge Fujisaki / Mr. Baker
Judge Fujisaki tells Baker 'You're the pitcher' (in control of the examination pace); Baker quips 'I wish that were true.'

Credibility Attacks (1)

⚔ Nicole Brown Simpson
character framing by defense witness
OJ portrays Nicole as emotionally erratic (Puerto Rico behavior, Mother's Day breakdown, double pneumonia in an otherwise 'perfectly healthy' person), involved in dishonesty (switching drivers after the Ferrari accident, lying to police), and dependent on him for problem-solving—undercutting a victimhood narrative without directly attacking her.

Witness Demeanor

Lengthy, discursive narrative answers—OJ frequently went beyond the question asked
Affable and conversational in tone, no visible hostility
Court had to sua sponte sustain an objection when OJ's answer strayed too far from the question

Objections

13 objections (13 sustained, 0 overruled)
Proceeding 8775 • 242 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 JAN 10, 1997 📄 Direct examination of O.J. Sim
JAN 10, 1997 KRT DvH TD