Cross-examination of O.J. Simpson (part 1)

📄 Cross-examination of O.J. Simpson (part 1) — Monday, January 13, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\13\CROSS-EXAMINATION-OF-O-J-SIMPS.DOC

TRIAL

▲ Day 40 of 57

◀ Direct examination of O.J. Simpson (part 2) Sidebar ▶

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Plaintiff • Date: Monday, January 13, 1997 • Utterances: 54

Petrocelli opens cross-examination of O.J. Simpson by pressing him on whether he understands the importance of being believed by the jury. Simpson stonewalls repeatedly, refusing to answer yes or no, insisting he can only say it's important to be 'honest.' Petrocelli then pivots to credibility attacks — accusing Simpson of lying to the jury, lying throughout his life, and being repeatedly unfaithful to Nicole during their marriage.

# 1 A:

I believe it's important for me to be honest to the jury, yes.

KEY QUOTE

# 2 Q:

(BY MR. PETROCELLI) You understand that it's important -- that it's important for you to be believed by this jury, true.

# 3 MR. BAKER:

Same objection.

# 4 A:

I believe it's important for me to be honest to the jury.

KEY QUOTE

# 5 Q:

(BY MR

MR. PETROCELLI) Can you answer my question, sir.

# 6 A:

I can't answer your question the way it's worded. I believe it's important for me to be honest to the jury.

# 7 Q:

Let me ask it again, and try to answer it. My turn now.

KEY QUOTE

# 8 A:

Okay.

# 9 Q:

You understand how important it is for you to be believed by this jury? Yes or no?

# 10 A:

I can't answer that.

# 11 MR. BAKER:

Objection. Argumentative.

# 12 MR. PETROCELLI:

Your Honor, direct him to answer yes or no.

# 13 MR. BAKER:

Let me get my objection out first.

# 14 THE COURT:

Go ahead.

# 15 MR. BAKER:

It's argumentative; it's irrelevant as to his understanding in that regard; and it's certainly argumentative.

# 16 MR. PETROCELLI:

Evidence Code 780, motivation, attitude toward giving testimony, bias.

# 17 THE COURT:

Overruled. You may answer.

# 18 A:

I believe it's important for me to be honest to the jury. I don't think you've given much consideration --

KEY QUOTE

# 19 Q:

Excuse me. Ask that the witness answer the question yes or no.

# 20 O.J. SIMPSON:

I can't.

# 21 THE COURT:

Answer it yes or no.

# 22 O.J. SIMPSON:

I can't answer yes or no.

# 23 Q:

(BY MR. PETROCELLI) Let me ask the question again. And answer yes or no; the Court has ordered you to.

# 24 MR. BAKER:

I object to the Court ordering my client to answer it yes or no. And he can't answer it yes or no.

# 25 THE COURT:

Ask the question.

# 26 Q:

(BY MR. PETROCELLI) You understand how important it is for you to be believed by this jury; true?

# 27 A:

I can't answer that true or false. I know it's important for me to be honest --

# 28 Q:

Do you understand?

# 29 A:

-- to the jury.

# 30 Q:

That it's important for you to be believed; yes or no? Do you understand that, sir?

# 31 A:

I can't answer that yes or no. I think it's important for me to be honest to the jury.

# 32 MR. PETROCELLI:

Move to strike, Your Honor.

# 33 THE COURT:

Mr. Petrocelli, move on to the next question. You got your answer.

# 34 Q:

(BY MR. PETROCELLI) You have lied repeatedly to this jury, haven't you, sir?

KEY QUOTE

# 35 A:

No.

# 36 Q:

And you have lied repeatedly throughout your life, haven't you?

# 37 A:

No.

# 38 MR. BAKER:

Your Honor, this is argument.

# 39 THE COURT:

Overruled.

# 40 MR. PETROCELLI:

Excuse me, Mr. Baker.

# 41 THE COURT:

You may proceed.

# 42 Q:

(BY MR. PETROCELLI) You lied. When you first met Nicole, you were married to your first wife, true?

# 43 A:

Yes.

# 44 Q:

And living with her, right?

# 45 MR. BAKER:

Your Honor, this is subject to a motion in limine. This is --

# 46 MR. PETROCELLI:

It is not, Your Honor.

# 47 THE COURT:

Sustained. Let's get on with the examination. You're got not going to go through the entire --

# 48 MR. PETROCELLI:

I'm --

# 49 THE COURT:

-- span of life.

# 50 MR. PETROCELLI:

His credibility on his testimony.

# 51 THE COURT:

You may impeach on material matters.

# 52 Q:

(BY MR. PETROCELLI) When you were married to Nicole, you were repeatedly unfaithful to her, were you not?

# 53 A:

There were times.

# 54 MR. BAKER:

I object. I want to approach on this. This is ridiculous.

Temperature

tense

Key Quotes (4)

O.J. Simpson

I believe it's important for me to be honest to the jury. I don't think you've given much consideration --

Simpson's repeated substitution of 'honest' for 'believed' reveals a careful, coached distinction — and his refusal to stop talking after the question is answered shows defiance.

Daniel Petrocelli

You have lied repeatedly to this jury, haven't you, sir?

The direct accusation of lying to the jury, asked flatly on cross, is a dramatic escalation and signals Petrocelli's aggressive impeachment strategy.

Daniel Petrocelli

My turn now.

Petrocelli reasserts control of the examination with a sharp, contemptuous aside — establishes the power dynamic of the cross.

O.J. Simpson

There were times.

Simpson's admission of marital infidelity, understated and evasive, is the first concrete concession Petrocelli extracts.

Notable Exchanges (2)

Daniel Petrocelli•O.J. Simpson•Judge Fujisaki

Petrocelli asks repeatedly whether Simpson understands it's important to be believed. The court orders a yes/no answer. Baker objects to the court ordering his client. Simpson still refuses, saying he 'can't answer yes or no.' The court ultimately tells Petrocelli to move on.

tense, strategic

Daniel Petrocelli•Robert Baker

Baker tries to object to the credibility and life-history questions; Petrocelli cuts him off mid-sentence ('Excuse me, Mr. Baker'); the court overrules Baker and sides with Petrocelli, allowing the examination to proceed.

heated

Credibility Attacks (3)

⚔ O.J. Simpson

direct accusation / prior bad acts

Petrocelli directly accuses Simpson of lying repeatedly to the jury and throughout his life.

⚔ O.J. Simpson

prior bad acts — marital infidelity

Petrocelli establishes Simpson was married when he met Nicole, then extracts an admission that he was 'repeatedly unfaithful' during their marriage, framing Simpson as a habitual liar and deceiver.

⚔ O.J. Simpson

evasive witness / consciousness of guilt inference

Simpson's refusal to answer a simple yes/no question — even after a court order — is itself used to characterize him as evasive and untrustworthy before the jury.

Objections

5 objections (1 sustained, 2 overruled)

Proceeding 8783 • 54 utterances • Plaintiff witness

Civil Trial

Department 103