📄 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

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

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Plaintiff • Date: Monday, January 13, 1997 • Lines: 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 repeatedly does not give the requested yes/no answer, saying he cannot answer in that form and emphasizing that it is 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 repeatedly substitutes 'honest' for 'believed' and continues explaining rather than giving the requested yes/no response.
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 uses the phrase while directing Simpson to let him ask the question again, reasserting control of the examination.
O.J. Simpson
There were times.
Simpson's answer acknowledges instances of marital infidelity in response to Petrocelli's question about his marriage to Nicole.

Notable Exchanges (2)

Daniel PetrocelliO.J. SimpsonJudge FujisakiRobert Baker
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 PetrocelliRobert Baker
Baker states that a credibility question is argument; the court overrules him, and Petrocelli then responds to Baker. In a later sequence, Baker invokes a motion in limine, Petrocelli disputes its application, and the court limits the examination to impeachment on material matters.
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 asks whether Simpson was married when he met Nicole, and Simpson answers yes. When asked whether he was repeatedly unfaithful during his marriage to Nicole, Simpson answers that there were times.
⚔ O.J. Simpson
nonresponsive or evasive answer pattern
Simpson repeatedly does not provide the requested yes/no answer, including after the court directs him to answer in that form, and instead emphasizes that it is important for him to be honest to the jury.

Objections

5 objections (1 sustained, 2 overruled)
Proceeding 8783 • 54 lines • Plaintiff witness
Civil Trial
Department 103
📂 JAN 13, 1997 📄 Cross-examination of O.J. Simp
JAN 13, 1997