📄 Cross-examination of O.J. Simpson (part 4) — 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 4)

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Plaintiff • Date: Monday, January 13, 1997 • Utterances: 262
Petrocelli cross-examines OJ Simpson on two main fronts: the dark sweat suit linked to the murders (and wardrobe items from a Playboy video) and, most devastatingly, the Bruno Magli shoes. Simpson had previously denied ever owning such shoes, but Petrocelli introduces 30 new photographs (Exhibits 2295-2304) showing Simpson wearing them at a 1993 Buffalo Bills event. Simpson continues to deny wearing the shoes in any of the photos, admits he has no explanation for the pictures, and flatly denies lying to the jury.
1 A:

Yes.

2 Q:

And it has always been your testimony that you didn't own as of June 12, 1994, any dark sweat suit of any type, correct?

3 A:

I think I had a Buffalo Bills jersey with Buffalo Bills on it. But no, I didn't really wear sweat suits then.

4 Q:

And you did -- you saw the photographs of the sweat suit outfit I showed you?

5 A:

I sort of recall them.

6 Q:

It's your testimony, sir, that you did not have those items as of June 12, 1994, correct?

7 A:

No. I tell you, I have refreshed my memory on one element of that -- of that photo.

KEY QUOTE
8 Q:

Leslie Gardner gave testimony in this case that she never received those items back from you; are you aware of that testimony?

9 MR. BAKER:

I object. It's irrelevant whether he's aware.

10 THE COURT:

Overruled.

11 A:

I'm not aware, as I just mentioned to you. There is something I would like to say about that sweat suit.

12 Q:

(BY MR. PETROCELLI) Leslie Gardner testified that she provided black wardrobe outfits to you in connection with the Playboy video; are you aware of her testimony, sir?

13 A:

Not really, but --

14 Q:

And that she did not get any of those items back to her?

15 MR. BAKER:

That's argumentative.

16 O.J. SIMPSON:

From me?

17 MR. BAKER:

In view of the testimony that he just said, that question is simply argument.

18 THE COURT:

Overruled.

19 A:

I'm not really aware of that.

20 Q:

(BY MR. PETROCELLI) You recall your prior testimony that the sweat suit outfits that you used in that Playboy video you gave back to the people involved in making the video, the wardrobe consultants?

21 A:

I recall it wouldn't -- would only have been one portion. I kept the top. It was a cashmere top, not a cotton top. It was cashmere. I do recall telling her I wanted to keep the top.

22 Q:

What about the cotton top that Leslie Gardner provided to you in connection with the video?

23 A:

No, I never kept it, if there was one.

24 MR. BAKER:

I object. She never said one thing about cotton. There has not one bit of testimony about her saying anything other than cashmere.

25 THE COURT:

Just a minute.

26 Q:

(BY MR. PETROCELLI) Did you receive a cotton top?

27 A:

No. But I had a Donna Karen cashmere top that believe I was wearing in that. That's why I was looking at the picture so hard. I had one like it before. I used it as a pajama top. It's cashmere. I sort of recall saying I wanted to keep it. I don't know if someone else took it.

KEY QUOTE
28 Q:

Is it your testimony, sir, that you did not receive a cotton sweat suit top or bottom from Leslie Gardner?

29 A:

That's absolutely correct. I did not.

30 Q:

You did not?

31 A:

Did not.

32 Q:

At no time?

33 A:

At no time.

34 Q:

Now, in regard to cuts, you talked about that this morning as well, do you recall that?

35 A:

Yes.

36 Q:

And you said that you had this one cut on your middle finger as of the time you spoke to the police on June 13, right?

37 A:

Yes.

38 Q:

Now, from the time that you got back from Chicago on June 13 to let's say Wednesday, June 15, you never were alone except when you were sleeping in bed, right?

39 A:

I took a walk alone one day. There were moments when I may have walked around the house alone, especially at night.

40 Q:

Pretty much with other people?

41 A:

Yeah. I didn't go stay in an apartment anywhere alone, no.

KEY QUOTE
42 Q:

On June 15, you previously testified you went to see Dr. Huizenga and he found three cuts and seven abrasions as of that day?

43 A:

Yes.

44 Q:

And have you no explanation for this jury how you got the other two cuts and seven abrasions.

45 MR. BAKER:

Objection, all asked and answered.

46 THE COURT:

Overruled.

47 A:

No, except that I do know that on a few occasions that week I had to change the bandage 'cause there was blood all over my hand, and I assumed it came from the original.

48 Q:

(BY MR. PETROCELLI) And you can't produce a single witness to testify about how you got any of those seven abrasions and two cuts, correct?

49 MR. BAKER:

That's argumentative.

50 THE COURT:

Sustained.

51 A:

I just know they weren't there on Monday.

52 MR. PETROCELLI:

Move to strike, Your Honor.

53 THE COURT:

Stricken.

54 Q:

(BY MR. PETROCELLI) In regard to the golf bag that we spoke about earlier today, you testified that you asked that it be produced to the Court. Do you remember that?

55 A:

Yes.

56 Q:

And some of your other items of luggage, right?

57 A:

Yes. It was a big deal to everyone except the prosecution and the police.

58 Q:

Excuse me, just try to answer with yes or no, please.

59 A:

Yes. Okay.

60 Q:

And those items were produced in court a number of months after you were initially arrested, correct?

61 A:

At least the day I asked for them, I think we were in trial, so it would have been seven, eight months later.

62 Q:

During that seven or eight month period of time, those items of luggage were in your home, correct?

63 A:

I believe maybe the travel luggage was. I believe, and I'm not 100 percent sure of this, I believe the golf clubs were at Bob Kardashian's.

64 Q:

So all of those items were either in the possession of Mr. Kardashian or people at your home, correct?

65 A:

Yes. In my closet, I presume.

66 Q:

Now, you recall your testimony about -- withdrawn. You testified that the shoes that you were wearing on September 26, 1993 that were depicted in the photo, were not shoes that you were actually wearing, do you remember that?

67 A:

I testified I didn't recognize those shoes, no.

KEY QUOTE
68 Q:

And you said that you thought the picture was fraudulent, right?

69 A:

I think you said something about if they were -- these are Bruno Magli shoes, and I testified I didn't believe so, yes.

70 Q:

You said you weren't wearing Bruno Magli shoes of the type depicted in that photograph that was displayed to you in front of the jury last time you testified. Do you remember all that?

71 A:

Yes. I said those shoes are not shoes that I recognize that I've ever owned.

72 Q:

And you said there was no doubt in your mind that those were not shoes that you were wearing. Do you remember that?

73 A:

I never buy any shoes that I ever owned.

74 Q:

There wasn't any doubt in your mind, correct?

75 A:

I don't believe I've ever owned those shoes, no.

KEY QUOTE
76 Q:

Since your testimony, you have learned that there are 30 new photographs of you wearing shoes at that game --

77 MR. BAKER:

I object to the --

78 Q:

-- correct?

79 MR. BAKER:

They haven't been authenticated.

80 MR. PETROCELLI:

They've been marked for I.D.

81 MR. BAKER:

-- form of the question.

82 THE COURT:

Overruled.

83 MR. BAKER:

It's argumentative as well.

84 Q:

(BY MR. PETROCELLI) Sir, since you gave testimony, you have learned there are 30 new photographs of you wearing shoes.

85 A:

Other photos, yes.

86 Q:

Correct. Let me show you. They've been previously marked for identification. (Counsel approaches witness with photographs.)

87 MR. PETROCELLI:

For the record, 2295, 2296, 2297, 2298, 2299, 2300, 2301, 2302, and I have the two contact sheets which are 2303 and 2304.

88 Q:

(BY MR. PETROCELLI) Now, you've seen those photos before today, have you not?

89 A:

I think sitting here one day, I briefly looked at them.

90 Q:

Okay. And these photos are true and accurate depictions of you, correct?

91 A:

To an extent, yes, that looks like me.

92 Q:

In other words, you don't believe that anything about these photographs has been doctored or is incorrect, right?

93 MR. BAKER:

I object. There's no foundation for him being an expert knowing that.

94 THE COURT:

Sustained.

95 Q:

(BY MR. PETROCELLI) Do you have any reason to believe that there's anything wrong with you in this photo I'm holding up?

96 MR. PETROCELLI:

For the record, 2301.

97 MR. BAKER:

That's argumentative. Those pictures haven't been authenticated. He can't testify whether they've been doctored or anything else.

98 THE COURT:

Overruled. You may inquire whether he has an opinion in regards to himself.

99 A:

Yes, I have an opinion. My only opinion is I do not recognize ever owning these shoes.

100 Q:

(BY MR. PETROCELLI) The shoes in these photos?

101 A:

Yes.

102 Q:

So you don't believe that you were wearing shoes like this in this photo; is that what you're saying?

103 A:

I don't believe I ever owned shoes like that.

104 Q:

Were you wearing them?

105 A:

I don't believe so, no.

KEY QUOTE
106 Q:

Okay. And you would agree that these shoes are very much like the shoes shown in the other photograph?

107 MR. BAKER:

I'm going to object.

108 A:

I don't recall -- show me the other one.

109 THE COURT:

Sustained.

110 MR. PETROCELLI:

He asked to put it up. Let's put it up.

111 MR. BAKER:

I -- that is sustained. Don't put it up.

112 THE COURT:

Objection sustained. You may put up anything you want to put up.

113 MR. PETROCELLI:

Okay. Thank you. Can you focus -- do you have a better picture of the shoes, Steve?

114 MR. FOSTER:

1917. (Exhibit 1917 is displayed.)

115 Q:

(BY MR. PETROCELLI) You remember these photos from before?

116 A:

Photos, yes.

117 Q:

Those are the shoes you are sure, without a doubt, you were not wearing, correct?

118 A:

No, I never recall owning shoes like that, ever.

119 Q:

And your testimony now for the record is exactly the same then with regard to the shoes in each of the photos I just showed you, that you don't recall ever wearing any of the shoes in any of these photos, correct?

120 A:

Correct.

121 Q:

Now, let's talk a little bit about some of the other items, sir. Do you recognize any of the people in these photos?

122 A:

One.

123 Q:

Okay. Well, first of all -- let me back track. You remember that there was some event commemorating the 20-year anniversary of your breaking the 2,000 yards per season record?

124 A:

Is this that event?

125 Q:

I'm asking you if you remember that, the folks in Buffalo?

126 A:

Yes, yes.

127 Q:

And you know something about a Quarterback Club in Buffalo?

128 A:

I know that Buffalo has a Quarterback Club.

129 Q:

And you see the pin that you're wearing on the lapel of your jacket? Do you recall that as a button or a pin you got from a member of the Quarterback Club?

130 A:

No.

131 Q:

Okay. You don't have any reason to quarrel with that, though, do you?

132 A:

I don't recall that.

133 Q:

You know a man named Jerry Flashner (phonetic)?

134 A:

No.

135 Q:

Now, let me show you a photograph -- a group photograph marked as 2295, okay, showing you with one, two, three, four, five other people. You recognize those people?

136 A:

I recognize Munson.

137 Q:

That's Bill Munson on the left; right? Far left?

138 A:

And this guy is with the Bills.

139 Q:

Danny Lynch?

140 A:

Danny Lynch is with the Bills.

141 Q:

Okay.

142 A:

I seem to have seen this guy around -- these two guys.

143 Q:

Mr. Flashner?

144 A:

Yeah, I seem to have seen him around.

145 Q:

That's who you're pointing to. There's another man -- does E.J. Flammer, Sr. mean anything to you?

146 A:

No.

147 Q:

Or Mike Lacata?

148 A:

No.

149 Q:

But you don't have any reason to believe that you didn't pose for this photograph with all these people, right?

150 A:

No. I know I take a lot of pictures. I mean possibly -- I don't have any reason not to believe it, no.

KEY QUOTE
151 Q:

And you don't have any reason to believe that you weren't wearing all of the clothing in the photograph of you in that picture -- I mean the photograph bearing Exhibit Number 2295, right? You don't quarrel with any of the clothing that you're wearing there?

152 A:

The pants a little bit, but I do own -- I can't tell if this is a blue or black sport coat. I certainly own that -- I mean I own those. The tie looked very familiar. Even though I can't find this particular tie in my home. And I can't tell, on these pictures about this shirt, but on that exhibit, I knew I liked the shirt (indicating to Elmo screen Exhibit No. 1917.)

153 Q:

The only one you quarrel with is the shoes and maybe the pants or definitely the pants?

154 A:

I don't know -- maybe the pants. I'm normally a pretty sharp dresser, and that is very -- not like me. They don't look like they fit.

155 Q:

So your opinion, sir, is that all of these pictures are once again doctored; is that right?

156 A:

I don't know.

157 MR. BAKER:

Objection.

158 Q:

(BY MR. PETROCELLI) Is that your opinion?

159 MR. BAKER:

I objected. I'd like a ruling.

160 THE COURT:

Overruled. Asking his opinion.

161 A:

I don't know. I just know that the pants don't look right to me. I don't ever recall owning shoes like this.

162 Q:

(BY MR. PETROCELLI) You saying you don't recall the shoes? Or are you saying, sir, you did not wear those shoes in those photographs?

163 A:

I would say no.

164 Q:

What is it?

165 A:

I would say no, I didn't wear those shoes.

KEY QUOTE
166 Q:

You did not wear those shoes, right?

167 A:

No.

168 Q:

Do you have any explanation for why all these photographs show you wearing those shoes?

169 A:

No.

170 MR. BAKER:

That's argumentative.

171 THE COURT:

Overruled.

172 Q:

(BY MR. PETROCELLI) Do you have any explanation, sir?

173 A:

No.

174 MR. BAKER:

Your Honor, that assumes he's required to give one, and that's why it's argumentative.

175 THE COURT:

Overruled.

176 MR. PETROCELLI:

Where's the other newspaper?

177 Q:

(BY MR. PETROCELLI) Let me show you a newspaper dated November 1993, called The Buffalo Bills Report. You've heard of this paper, have you not?

178 A:

Not really.

179 Q:

You've seen it before, haven't you?

180 A:

I don't know.

181 Q:

You played in Buffalo for a lot of years, right?

182 A:

I don't recall when I played in Buffalo. Maybe should see -- the inception has been almost 30 years, 20 years.

183 Q:

November 1993, of course, is many months before Nicole's death?

184 A:

Yeah.

185 Q:

And you see the photograph of you in this paper here?

186 A:

Yes.

187 Q:

Okay. And can you see the clothing there that you're wearing?

188 A:

Yes.

189 Q:

Okay. And you don't have any reason to doubt that this photograph is genuine, do you?

190 A:

No.

191 Q:

Including the shoes, correct?

192 A:

Well, I can't tell the shoes in this photograph.

193 Q:

Let's see if we can put them up on the Elmo. (Newspaper article displayed on the Elmo screen.)

194 Q:

(BY MR. PETROCELLI) Do you have any reason to -- You don't have any reason to doubt that you're wearing the shoes in that picture in the newspaper, many months before Nicole's murder?

195 A:

I can't tell. I can't tell those shoes from these shoes.

196 Q:

These look similar to the shoes in those photos?

197 MR. BAKER:

Objection. Irrelevant whether they looked similar to him.

198 THE COURT:

Sustained.

199 Q:

(BY MR. PETROCELLI) Remember testifying in your deposition that the shoes of the type depicted in the Scull photo were ugly aesthetically and stylewise?

200 A:

No.

201 Q:

You don't remember that?

202 A:

No. I remember saying that about the shoes that were shown to me in court.

KEY QUOTE
203 Q:

And you had testified that you believe that the shoes that I showed you in the Scull photo, the last time that you testified, were also ugly, correct?

204 A:

No. I told you -- I'm sure I said that they looked better than what they showed me in court, but they still didn't look like shoes I would wear.

KEY QUOTE
205 Q:

They were not attractive, correct?

206 A:

I think I told you that they weren't as bad looking as the ones that were shown me in court, but I still didn't think they were shoes that I would wear.

207 Q:

And you also said they were not attractive, correct?

208 A:

I don't think they are attractive, even looking at them now.

209 Q:

And you're positive you're not wearing those shoes?

210 A:

Yes.

211 Q:

Now, did you ever get -- I mean, 1993 is 20 years after you broke the record?

212 A:

I believe.

213 Q:

You broke the record in 1973, right?

214 A:

Yes.

215 Q:

And did you ever read the full spread feature of your breaking of the record in which this photograph appears?

216 A:

No.

217 Q:

Since you saw this photograph, you indicated you know Mr. Munson and Mr. Lynch?

218 A:

Yes.

219 Q:

Have you called Mr. Munson or Mr. Lynch up to discuss this photograph?

220 A:

No.

221 Q:

To discuss what you're wearing in the photograph?

222 A:

No.

223 Q:

Or to discuss your view that the shoes are not the shoes you were really wearing? Have you talked to them about any of those things?

224 MR. BAKER:

I object, Your Honor. There's no foundation he talked to them at all.

225 THE COURT:

Overruled.

226 MR. BAKER:

It's argumentative.

227 A:

No, I haven't talked to him at all.

228 Q:

(BY MR. PETROCELLI) You haven't bothered to contact him?

229 A:

I don't know. It's been three or four years since I talked to anybody in Buffalo, for that matter.

230 Q:

Mr. Simpson, when you testified last time on this witness stand in November, you did not know about the existence of these 30 photographs, correct?

231 A:

No.

232 Q:

And you told this jury that you were not wearing those shoes depicted in the Scull photograph, correct?

233 A:

Correct.

234 Q:

And now there are 30 pictures that have come forward showing that you are wearing the same shoes; correct?

235 MR. BAKER:

That argumentative.

236 THE COURT:

Sustained.

237 Q:

(BY MR. PETROCELLI) You lied to this jury?

KEY QUOTE
238 A:

No.

239 Q:

You lied to this jury when --

240 MR. BAKER:

He can argue at the end of the case instead of here. I object.

241 Q:

(BY MR. PETROCELLI) Didn't you, sir?

242 A:

No.

243 THE COURT:

Overruled.

244 Q:

(BY MR. PETROCELLI) You lied to the jury?

245 A:

No.

246 Q:

It's still your testimony, sir, that you would never attempt to tell a lie, correct?

247 A:

Not in a court of law, no.

KEY QUOTE
248 Q:

Or in anything important in your life, correct?

249 A:

Certainly not nothing close to this important.

250 Q:

By the way, did you contact anyone else in these pictures to discuss the shoes that you're wearing?

251 A:

No.

252 Q:

Did you call them to discuss what clothes they're wearing?

253 A:

No.

254 Q:

Have you made any attempt -- you, yourself, made any attempt to find out anything about these photographs?

255 MR. BAKER:

Your Honor, that's irrelevant.

256 THE COURT:

Sustained.

257 MR. PETROCELLI:

I have nothing further.

258 MR. KELLY:

I have no questions.

259 MR. BREWER:

No questions.

260 MR. PETROCELLI:

I'm going to mark the newspaper the next in order.

261 THE CLERK:

2317. (The instrument herein referred to as a newspaper photograph was marked for identification as Plaintiffs' Exhibit No. 2317.) REDIRECT EXAMINATION BY

262 Q:

O.J., during 1987-1991, did Nicole plan vacations for you?

Temperature

devastating

Key Quotes (5)

Witness
I would say no, I didn't wear those shoes.
Simpson's continued denial despite 30 new photographs directly contradicting his earlier sworn testimony.
Witness
No.
Simpson's answer when asked if he has any explanation for why all the photographs show him wearing those shoes — a moment of complete exposure.
Mr. Petrocelli
You lied to this jury?
Petrocelli states the accusation directly to Simpson's face on the stand, forcing a flat denial.
Witness
Not in a court of law, no.
Simpson's qualified denial of lying — the hedge 'in a court of law' rather than a clean 'never' is notable.
Witness
I'm normally a pretty sharp dresser, and that is very -- not like me. They don't look like they fit.
Simpson attempts to cast doubt on his own appearance in authenticated photographs, undermining his credibility further.

Evidence (5)

Plaintiffs' 2295–2304
Thirty newly surfaced photographs and two contact sheets showing Simpson wearing Bruno Magli-style shoes at a 1993 Buffalo Bills event commemorating the 20-year anniversary of his 2,000-yard record
introduced and displayed to Simpson during cross-examination
Plaintiffs' 1917
The original Scull photograph previously shown to Simpson depicting him in Bruno Magli shoes
displayed on Elmo for comparison with new photographs
Plaintiffs' 2317
A November 1993 edition of The Buffalo Bills Report newspaper containing a photograph of Simpson
marked and displayed on Elmo; Petrocelli sought to establish shoe continuity
Informal
Playboy video wardrobe items — cashmere and/or cotton sweat suit tops and bottoms provided by wardrobe consultant Leslie Gardner
discussed; Simpson denied receiving a cotton top and claimed he kept only a cashmere top
Informal
Golf bag and luggage held at Bob Kardashian's and Simpson's home for seven to eight months after arrest
discussed regarding chain of custody

Notable Exchanges (4)

Mr. PetrocelliWitness
Petrocelli introduces 30 new photographs showing Simpson in Bruno Magli shoes at a Buffalo Bills event. Simpson, who previously testified with certainty he never owned such shoes, is confronted photo by photo and continues to deny wearing them, admitting he has no explanation for the images.
devastating
Mr. PetrocelliWitness
Petrocelli directly accuses Simpson of lying to the jury. Simpson denies it three times. Petrocelli then extracts that Simpson made no attempt to contact anyone pictured in the photographs to investigate.
confrontational
Mr. PetrocelliWitness
Exchange over the Playboy video sweat suit: Simpson claims he kept only a cashmere top, flatly denying receiving any cotton items from wardrobe consultant Leslie Gardner, whose testimony contradicted him.
strategic
Mr. BakerMr. PetrocelliThe Court
Heated sidebar-level dispute over whether unauthenticated photographs can be shown to Simpson. Baker objects repeatedly on authentication and argumentativeness; the court overrules most objections but permits inquiry only into whether Simpson has an opinion about his own appearance.
procedural/contested

Credibility Attacks (3)

⚔ OJ Simpson
prior inconsistent statement / newly discovered evidence
Petrocelli confronts Simpson with 30 new photographs showing him wearing Bruno Magli shoes at a 1993 Buffalo Bills event, directly contradicting his earlier sworn testimony that he never owned or wore such shoes and that the original Scull photo was suspect.
⚔ OJ Simpson
prior inconsistent statement / third-party testimony
Petrocelli references Leslie Gardner's testimony that she provided black wardrobe outfits for the Playboy video and never received them back, contradicting Simpson's claim he returned the items.
⚔ OJ Simpson
inability to explain physical evidence
Petrocelli highlights that Dr. Huizenga found three cuts and seven abrasions on June 15 — two more cuts and seven abrasions beyond the single cut Simpson admitted to on June 13 — and that Simpson cannot produce any witness or explanation for these additional injuries.

Witness Demeanor

Evasive and rambling on sweat suit questions, volunteering unsolicited detail about cashmere vs. cotton
Stubborn and repetitive denial on shoe questions, repeating 'I don't recall ever owning shoes like that' as a refrain
Subdued and monosyllabic when asked for explanation of the 30 photographs
Attempted to impugn the fit of clothing in authenticated photographs ('they don't look like they fit')

Objections

18 objections (6 sustained, 12 overruled)
Proceeding 8779 • 262 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 JAN 13, 1997 📄 Cross-examination of O.J. Simp
JAN 13, 1997 KRT DvH TD