📄 Closing argument — Petrocelli (part 1) — Tuesday, January 21, 1997
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▲ Day 45 of 57

Closing argument — Petrocelli (part 1)

Date: Tuesday, January 21, 1997 • Utterances: 64
Petrocelli delivers a sweeping section of his closing argument covering hair and fiber evidence, carpet fibers linking Simpson's Bronco to both crime scene items, blue-black cotton fibers tying Simpson to the murders, Simpson's repeatedly changing testimony about owning dark sweat clothing, and the glove evidence showing the Bundy and Rockingham gloves were a matched pair purchased by Nicole at Bloomingdale's. The argument is methodical and cumulative, building each strand of physical evidence into a single portrait of guilt.
1 THE COURT:

It's very warm.

2 MR. PETROCELLI:

Yeah, thank you. Before the break I described to you the overwhelming blood evidence that incriminates Mr. Simpson. I would now like to talk briefly about what we call hair and fiber evidence. You will remember we put on the witness stand Douglas Deedrick from the FBI. He's the chief of the hair and fibers unit. He's an undisputed expert in hair and fiber analysis. He testified that Mr. Simpson's defense experts examined these hair and fiber materials as well, and that he did not disagree with Mr. Deedrick's conclusions. And remember, the defense did not call any expert witnesses to refute or disagree with what Mr. Deedrick said about these hair and fiber matches. So his testimony that there were matches is completely unrefuted. Nobody disagrees with it. Now, Agent Deedrick testified about the head hairs found in that cap up there, the blue cap. And he said that there were 12 head hairs found and they matched Mr. Simpson's head hair. That alone is very incriminating. Why is his head hair in that hat right next to the victim's bodies. Nine of the head hairs -- actually there were twelve head hairs in all. Nine of them were found actually inside the cap. What that means is that those head hairs, according to Doug Deedrick, likely came right off of Mr. Simpson's head when the cap came off or when he was using the cap. Call that a primary transfer. The fact that those head hairs were inside the cap suggests that they didn't just blow in there from some other source. The defense liked to talk about the fact that there was a blanket that was brought out from Nicole's house to use for the bodies. Well, they never proved that that blanket had any head hairs of Mr. Simpson or any fibers or anything regarding Mr. Simpson. And in fact, the testimony about that blanket, as you will recall from Officer Thompson, was that he examined it, it was clean and folded, and he got it from a -- I think a linen closet upstairs. That blanket is really irrelevant. The head hairs, Mr. Simpson's, nine of them, inside the hat. That shows direct physical contact between Mr. Simpson and that cap. Two -- yeah, two of these head hairs, by the way, were actually intertwined in the fabric of that cap, which shows that they had been there for some time. You'll recall Mr. Deedrick's testimony; not something that could have just, again, blown in there, but they had been in there some time. Two of Mr. Simpson's head hairs intertwined in the cap indicating that that cap was on his head. We showed you pictures or a picture, I believe, when I cross-examined Mr. Simpson back in November, of a hat just like that hat, the knit cap, that was recovered from his bedroom by the police right after the murders. So we know that Mr. Simpson had knit caps like that. In addition, there was also a head hair matching Mr. Simpson's head hair on Ron Goldman's shirt. On his shirt there was also a limb hair found, which Doug Deedrick found as a limb hair and as a Negroid limb hair. These hairs on Ron Goldman's shirt, again, show that Mr. Simpson was in contact with Ron Goldman. There isn't any innocent explanation, ladies and gentlemen, for Mr. Simpson's hair to be on Ron Goldman's shirt. Mr. Simpson says he never met Ron Goldman. Well, why is his hair on Ron Goldman's shirt? A few words about the carpet fiber evidence. You will recall there was testimony that there was a rare carpet fiber that was found on the Bundy knit cap and also on the glove found at Rockingham. This carpet fiber was this medium mocha color which matched the same medium mocha color of the fibers in Mr. Simpson's Bronco, his 1994 Bronco. There was testimony that this carpet fiber was produced by a company called Masland Industries, who had an exclusive contract with Ford beginning in May, 1993, that this particular type of medium mocha color was only used in three types of cars; one of which was a Ford Bronco. Mr. Simpson's Ford Bronco was manufactured in October of 1993, further indicating that this rare carpet fiber came from his car. And again, you have to think about it. Now, you have carpet fibers from his Bronco on that hat, and on the gloves at Rockingham. Again, indicating that Mr. Simpson's car was in contact with that hat and in contact with the glove at Rockingham. Again, putting Mr. Simpson and no one else right smack in the middle of all of this evidence. And finally, on fibers; we have 24 blue-black cotton fibers which Doug Deedrick said was a kind of unique fiber, a bluish coloration when he looked at it very close under a microscope. And fibers of this type were found on Ron Goldman's shirt, again, on Mr. Simpson's socks, and in his bedroom, and on the glove dropped at Rockingham. So you have matching blue-black fibers on three objects; Ron Goldman's shirt, the glove that was used in these murders found at Rockingham, and a pair of socks, Mr. Simpson's socks. Again, Mr. Simpson and no one else is the common source between these three objects. He's the messenger. He's the one who had contact with all these things, ladies and gentlemen. Nobody else. Now, there was some testimony about a sweat suit. I want to get into that right now. And we suggest to you these blue-black cotton fibers came from a sweat suit or sweat outfit or sweat clothes that OJ Simpson was wearing on the night of these murders. You will recall when I first examined Mr. Simpson on the witness stand, I asked him whether he owned any dark sweat clothing as of June 12, 1994, he said, no, he did not own a single piece of dark sweat clothing. He gave that testimony on November 25. I then showed him some photographs of him wearing dark sweat clothing taken on May 25, May 26, May 27, just a couple weeks before the murders, at his house in the course of his filming an exercise video for Playboy. Can you put up the photo. (Photograph displayed on Elmo.)

3 MR. PETROCELLI:

I showed these photos to Mr. Simpson, and some other photos, and I said, well, what about this sweat suit, didn't you have that as of June 12? And he said I didn't keep it. I got to wear those outfits and I returned them to the wardrobe person. I didn't keep any of them, okay. On December 4, couple of weeks later, we called the wardrobe person Leslie Gardner, put her on the stand, and she testified that Mr. Simpson did not in fact -- did not in fact return any clothing to her. She testified how she acquired some sweat suit items, gave them to Mr. Simpson, he used them, and to her knowledge, they were never returned, certainly not to her. And she did not know that they had been returned to anyone else. Now, a week or so ago, Mr. Simpson returned to the witness stand under the friendly questioning of his lawyer, Mr. Baker. And he said, you know, I've been thinking about this sweat suit thing, and I did keep a sweat suit top, but it was a cashmere top, okay. And I didn't keep anything else. Did you keep any cotton outfits? No, I did not, just this one cashmere top. And he said cashmere, of course, because cotton fibers were found near there, and he would like you to believe that he didn't have any cotton fiber outfits. He would like you to believe that he never had, as of June 12, 1994, in his possession, in his wardrobe, in his closet, any dark sweat suit made with any cotton fibers. So we then -- despite this change in testimony now by him, we then called Ms. Gardner back, if you will recall, on -- on January 14. And she testified that she did, in fact, order a cashmere sweat suit outfit for Mr. Simpson, but it was too small, it didn't fit, and she returned it. She didn't leave it with him, she didn't give it to him, she returned it. She then testified that the item that she did give to Mr. Simpson, and that he did wear, were cotton -- some cotton fleece items, okay, a black cotton fleece zip-up front sweater. Can you put that up. (Photograph of OJ Simpson wearing a sweat outfit displayed on Elmo.)

4 MR. PETROCELLI:

She never got this back, ladies and gentlemen. She never got this back. This has cotton fibers. I think she testified it's some kind of blend; some of the fibers are cotton, the others are polyester. O.J. Simpson, she said, never returned that outfit to her. Despite what Mr. Simpson said on the witness stand. In addition, she said she gave Mr. Simpson this outfit, which was taken at the time of the video (indicating to photo in magazine), and then published in this magazine. Again, a cotton fleece-type pants, okay. Neither this cotton-type pants or that cotton top was ever returned to Ms. Gardner, or to anyone else associated with the production, to the best of her knowledge.

5 MR. BAKER:

I object, Your Honor. There's no evidence it wasn't returned to anyone else.

6 THE COURT:

Overruled.

7 MR. PETROCELLI:

So, ladies and gentlemen, you have to ask yourself, why is OJ Simpson so obviously lying about this sweat suit? Why is he lying? Why is he changing his story? As we trap him, he changes again. We trap him again, he changes it again. Why is he lying? Why is he saying -- a guy with all the clothing that he has, why is he saying I never had a dark sweat suit as of June 12? Why would he say such a thing? Because he wore a dark sweat suit on June 12 when he killed two people. That's why he's saying such a thing. That's why he's lying to you. Let's go to the gloves. You heard the testimony of the former executive of the Aris Isotoner Company, Richard Rubin. And he testified that the glove found at Bundy was a brown men's leather light extra large glove. It had SKU number 70263.

8 MR. BAKER:

Your Honor, I object. There was no testimony from Richard Rubin about any numbers whatsoever.

9 MR. PETROCELLI:

Yes, there was, Your Honor.

10 MR. BAKER:

No, there wasn't.

11 THE COURT:

Okay. Approach the bench. (The following proceedings were held at the bench with the reporter:)

12 MR. PETROCELLI:

This is the cite I have, Your Honor (indicating to document).

13 MR. BAKER:

What page are you referring to?

14 MR. PETROCELLI:

Look on page 82 -- 91, November 6, 1996. Do you have it?

15 MR. BAKER:

We'll get it.

16 MR. PETROCELLI:

Computer people are better at it than I am.

17 MR. GELBLUM:

Page 81 to 82. November 6.

18 THE COURT:

Bring it up.

19 MR. PETROCELLI:

Bring up the computer. (Mr. Gelblum complies.) (Court reviews transcript.)

20 MR. PETROCELLI:

You have to page down, Your Honor.

21 MR. BAKER:

Style number.

22 MR. PETROCELLI:

It's right there.

23 MR. BAKER:

It's the style number.

24 MR. PETROCELLI:

You said there were no numbers, Mr. Baker.

25 MR. BAKER:

No, no. I knew there was a style number, not an individual number. But you're going to try to tell this jury that that indicates that those gloves -- you're --

26 MR. PETROCELLI:

I absolutely am telling them. That's absolutely what he testified. It's unrebutted. You want to see it? It's page 93 to 94. (Counsel and Court review transcript on computer screen.)

27 MR. BAKER:

94, Phil.

28 MR. PETROCELLI:

It's on page 93 to 94. Can I get on with my argument now, Your Honor?

29 MR. BAKER:

Can you guys move it up to 93, 94.

30 MR. PETROCELLI:

This is not helpful. What's that? What's that number just -- there. Go back to where it said the number. (Indicating to computer screen.)

31 MR. PETROCELLI:

See.

32 MR. BAKER:

That's a style number.

33 MR. PETROCELLI:

70263, brown extra large.

34 MR. BAKER:

I want a serial number.

35 MR. GELBLUM:

That's in here.

36 MR. PETROCELLI:

There's a cutter number, too, Your Honor. (Mr. Gelblum adjusts screen.)

37 MR. PETROCELLI:

Cutter No. 359 the sequence is 9. What exactly is the cutter number?

38 MR. BAKER:

Wait. Wait. Back up. (Indicating to computer screen.)

39 MR. BAKER:

Okay. Go ahead.

40 MR. PETROCELLI:

Can I get on with my argument? Okay, thank you.

41

THE COURT: Overruled. (The following proceedings were held in open court in the presence of the jury.)

42 MR. PETROCELLI:

As I was saying, Mr. Rubin, the glove expert, and the only glove expert called in the case -- by the way, they didn't call any glove expert -- said that the number on this glove, 70263, on this Bundy glove, it had a cutter number of 359 and a sequence control number of 9. While I'm here, the glove that he examined that was found at Rockingham had the identical numbers. And he said they are a pair. And there is no doubt about it, and don't let yourselves be fooled by all these hokus-pokus photo games which the defense likes to play, trying to say this is a hole. This is not a hole. This is not what you see. We'll get into that. Okay. But all that is designed to sort of confuse and distract you from the real evidence. That's real simple. Okay. These are two matching gloves, and the only glove expert that has testified has said so; they have the same numbers, they're identical, they're a pair, the Bundy glove and the Rockingham glove. And these numbers, by the way, that he testified about, he said on the stand they are stenciled on the inside of the glove. This isn't something that he is just pulling out of air. These are in the glove itself, these numbers. Mr. Rubin explained that these particular kind of gloves were manufactured by Aris Isotoner and only sold exclusively to Bloomingdale's; a store where Mr. Simpson and Nicole Brown Simpson shopped during the times they were in and lived in New York City. Only Bloomingdale's, you could get these gloves. And furthermore, to show how rare these gloves are, there were only 200 to 240 of these gloves sold in the size and color in 1990 and 1991; only 200 to 240 pairs of these gloves. Mr. Simpson himself had to admit that, yes, Nicole did shop in Bloomingdale's, he shopped in Bloomingdale's. But won't you know it, wouldn't you come to expect that when I said and, of course, Nicole would buy you gloves from time to time? Absolutely not, she never bought me gloves. That's the one thing she never bought, was a pair of those brown gloves. And -- do you have that receipt, by the way, Exhibit 390 (indicating to Mr. Foster). (Exhibit 390 displayed.)

43 MR. PETROCELLI:

We have a receipt here showing Nicole purchasing two pair of Aris leather light extra large gloves. That's Exhibit 390. Mr. Simpson said she never bought him gloves. There's a receipt. They sold for $55 a pair, 30 percent discount, that Nicole got when she bought them on December 18, 1990. Now, Mr. Simpson wore this black glove -- pair of black gloves, and a pair of brown gloves for about three and a half years after they were bought because we were able to see them in photographs. This isn't a pair of gloves that he threw away after using them for the first time. He wore them at football games when he worked there as an announcer, particularly in cold and inclement weather, when it was raining, and he's seen with an umbrella. See him holding the microphone. Particularly -- the right glove had a lot of wear and tear to it, particularly in the palm area, it's a little more worn out than the left glove. These were his gloves. He's wearing them. Can you show the pictures. (Exhibit No. 642 is displayed.)

44 MR. FOSTER:

Yes. 643.

45 MR. PETROCELLI:

643.

46 MR. FOSTER:

This is 660. (Exhibits are displayed on Elmo)

47 MR. PETROCELLI:

660. This one was taken by the way, January 15, 1994. Stay on that for a second. Mr. Rubin, our glove expert, testified that this glove is an Aris leather light, extra large, identical in make and style to the glove at the murder scene, except this one's a black one, obviously. Nicole bought a black pair and a brown pair. There's no -- by the way, there's no testimony that that isn't an Aris leather light. Mr. Simpson doesn't deny it. Mr. Simpson put on no evidence that that isn't such a glove. He can't deny it. It's right there. Well, he could deny it, I guess. Now, show us 655. (Exhibit 655 displayed.)

48 MR. PETROCELLI:

It's another one with the black gloves. Show us 646.

49 (Exhibit 646 displayed.)
50 MR. PETROCELLI:

Now, here's the brown gloves. And Mr. Rubin, the glove expert, was able to say it's identical in make and style to the glove at the murder scene. You're looking at gloves that were used by -- when Mr. Simpson killed Ron Goldman and Nicole. You're looking at them on his hands, ladies and gentlemen. And when I asked him if you're innocent, Mr. Simpson, tell me where those gloves are, where are they, bring them to court, show us, you know what he said. I have no idea. Quote, I have no idea. No idea. You're going to hear a little bit from Mr. Baker, I guess, about well, these gloves didn't fit him, they're not his gloves. You know, he didn't have Mr. Simpson try them on here, but he did show you a video from the criminal case. Our expert, Mr. Rubin, said that those gloves have shrunk. In the first place, they were purchased back in 1990. Mr. Simpson is trying them on in court four, five years later. They shrunk from use in rain and exposure to the elements. Mr. Rubin also pointed out, because he was there in court, that when those gloves were taken out to put on, they were all crumpled up, they had not been refurbished, which is what you would do when you put on a pair of gloves that's been sitting around for a long time, especially a pair that's been encrusted in blood. I think you saw Mr. Rubin here on the stand, refurbishing the glove. And also Mr. Rubin pointed out how there was a requirement in the criminal case that Mr. Simpson put on latex gloves underneath these gloves and that altered the fit. Of course he wasn't wearing latex gloves on June 12. And lastly, and you could tell, I don't have to tell you, you saw him try those gloves on, on that video, this wasn't a guy anxious to show anyone that those gloves fit. He was grimacing and trying to get them on in front of the jury there. It's like trying to put a pair of pants on a crying baby, or something, a pair of gloves on a crying baby. He had his hands, fingers out, and wasn't making it real easy. Those were his gloves, got them right there, they were not his gloves, he -- did he tell you where they are and he can't, he said, "I have no idea." Okay, Steve. (Mr. Foster removes photo from Elmo.) Let's talk about those Bruno Magli shoes. Pretty interesting piece of evidence, I'd say. Mr. Simpson can say all that he wants, or his lawyer will say quite a bit about contamination of blood, planting of blood, LAPD not doing their job, can't trust the blood evidence, got to throw it all out. You're going to hear all that stuff, okay. None of it is true. The blood evidence is the single most incriminating evidence in the case. It's his blood. He was there. He did it. But I'll tell you one thing. They can't make that argument, even that lame argument, they can't make about these shoe prints. They can't argue that the shoe prints are planted. They can't argue that the sole was planted. They have no argument about planting of shoe prints. They have no contamination argument about shoe prints. This is one of the single most crucial pieces of evidence in this case. And can you imagine that O.J. Simpson last week didn't say one word about it. Not one word. Heismann Trophy. But no Bruno Magli. These shoe prints were discovered immediately when the police arrived after midnight on June 13, and they were fresh and they were leading away from the crime scene. It was obviously that it was the person taking the back gate to escape detection, to not go out the front so he wouldn't be seen. And we'll talk about that a little more later on. But when he got in his Bronco to speed away, he didn't ride in front of the murder scene, he drove the opposite direction and then turned to go back home again. He did not want to be seen. And he had to get home to save his alibi. We put on the stand the testimony of FBI Special Agent William Bodziak. He is one of the most renown experts anywhere on footwear images. He's been with the FBI for 23 years. And Mr. Medvene put on that testimony. His opinion, ladies and gentlemen, that the killer wore Bruno Magli shoe print size 12, is totally unchallenged, totally undisputed. The defense concedes that point. Mr. Baker said it in his opening statement: "We agree the killer wore size 12 Bruno Magli shoes." There's not much talk about it. The question is -- the only question is did Mr. Simpson have Bruno Magli shoes, size 12. That's really it. And while I'm on this, let me say something else. That's the photo taken by Harry Scull, ladies and gentlemen, and before Mr. Baker and O.J. Simpson and the rest of the defense team knew that 30 more photos were going to emerge, he stood up, told this jury, both Mr. Baker and Mr. Simpson, "We agree that the shoes in that photo are Bruno Magli shoes." Agent Bodziak got on the stand, and he not only testified that that's a Bruno Magli Lorenzo unique Silga sole size 12, he testified so is that (indicating to photo). They didn't challenge his testimony, they agreed with it, that is a Bruno Magli size 12 Lorenzo, and so is that.

51 MR. BAKER:

Your Honor, I object. There's been no testimony that the photo in the Scull photo, the photo (sic) in Scull photo is a size 12.

52 THE COURT:

Overruled.

53 MR. PETROCELLI:

Their position, ladies and gentlemen, taken back at the beginning of this trial, before they knew there was going to be more photos that would come to light, was that this photo is a phony. That's what Mr. Baker said, it's not real, it's doctored, and we will prove it. So by his own reasoning, if that photo is real, O.J. Simpson is the killer. The shoes are on his feet. If that photo is real, O.J. Simpson is the killer. That's it. It's the end of the ball game. There's nothing more to talk about. Not only that photo. The 30 new photographs of him at that same game, if those photos are real, O.J. Simpson's the killer. If those photos are real. We had those negatives in court here. Did you see the defense call an expert to talk about those 30 new photographs? Did you see them try to challenge those 30 new photographs? Did you hear anybody come on the witness stand for the defense and say those 30 photographs of him wearing those shoes are phonies too? Did you get that testimony? I didn't hear it. It didn't happen. There is no such testimony. Bodziak testified that the shoes in the Flammer photographs are Bruno Magli shoes of the same characteristics of those shoes. They're the same characteristics of those shoes. It's the same pair of shoes. It's either that, or he had two pair of Bruno Magli shoes, size 12, and put two different pairs on in the game. They're not saying that though it's one pair. And they did not call anybody to say that the 30 photos are a fake. Nobody. They did call somebody to say that this photo was a fake, and we'll talk about that guy and what he said. But you didn't hear him come back -- not even him, you didn't hear that guy come back and talk about the Flammer photos. Not even he could get himself on this stand and say, you know what, I think all 31 are fakes, every one's a fake. And of course you all remember that one of the pictures Mr. Flammer took of Mr. Simpson wearing the shoes was actually published in the newspaper eight months before the murders. So how could it be a fake? It's not possible. While I'm on the subject of the shoes, ask yourselves this: If O.J. Simpson were innocent, ladies and gentlemen, why would he deny owning those shoes. Why wouldn't he -- why didn't he say he owned them, of course I had those shoes, they're in the picture, here's 30 more pictures, of course I had those shoes, but I'm not the killer, I didn't do it. Why is he going to take to his grave that he didn't own those shoes, that he didn't wear those shoes? 'Cause he knows those are the shoes he wore when he killed my client's son in a blind rage, and when he killed the mother of his children in a blind rage. He knows he wore those shoes. We'll never see those shoes. We don't know what he did with them. We don't know where he hid them, how he destroyed them. We'll never see them, but they're on his feet and they are the murder shoes. There's no doubt about that. They can talk all they want about police conspiracies, LAPD frame-ups, all these wild ideas, and they will try to insult your intelligence by giving you crazy claims of frame-ups and conspiracies. What are they going to do about this evidence? This doesn't involve the Los Angeles Police Department. What are they going to say? Oh, because they were selling pictures. So if the pictures are a fraud, why didn't they bring anybody in to say they were a fraud? Why didn't they bring somebody in on those Flammer photos? Just because somebody sells something -- everybody in this case has sold something. You've heard Mr. Baker ask witness after witness about books and videos and television. That's one of the unfortunate things about this case that's become such a big media thing. The fact that somebody is a professional photographer -- two people who are professional photographers, that's how they made their money, would sell photographs, does that mean the photographs aren't real? Of course not. When they're published eight months before the murders, how can it be? It's impossible. Can you bring in the Bronco board. While we're waiting for that board, the next significant place besides Bundy, to summarize Bundy: We have O.J. Simpson basically in all the clothes he wore to kill, hat, gloves, sweatsuit, shoes, we'll talk about the socks, Nicole's blood and his blood splashed on them, got the whole thing. (Large board entitled "Bronco Evidence" is displayed.) Why is there blood in O.J. Simpson's car? Think about that one. Why is it there? There is blood in O.J. Simpson's car the night of the murders. Why is there any blood? Is there any blood in your car that night, my car? Why is there blood in his car that night? First of all, this car was not parked where it's parked almost every single time he parks it. He parks this car on Ashford, not Rockingham, right where that mailbox is. He gets out of his car, he walks up to Ashford, he jiggles the gates open, he goes inside the front door. It's the shortest distance for him to park and go inside, and that's what he does all the time. Especially if he were going out of town, he would never park in some strange place. He told the police he normally parks on Rockingham. We've had witnesses testify here that he normally parks on -- excuse me. He told the police he normally parks on Ashford. And we had other witnesses come in here and say the same thing. Even his housekeeper, Gigi Guarin, testified he usually parks on Ashford. And remember Dale St. John, his limousine driver, the guy who wasn't available on the night of June 12 and so he got Alan Park to sub for him. Dale St. John said he picked up O.J. Simpson over 100 times, over 100 times, and never saw that Bronco or Mr. Simpson's vehicles on Rockingham, they were on Ashford. Remember the testimony of the neighbor, Charles Cale. He testified that he had taken a walk that night from 9 o'clock -- excuse me -- 9:30, 9:45. He lives down the street on Rockingham. He said he has a perfect view of Rockingham. He never sees O.J. Simpson's car parked on Rockingham. It's always parked on Ashford. So why is it parked on Rockingham on this night? On this night, the night of the murders, why is it parked on Rockingham, where it's never parked. Why does it have blood in it, which is -- usually an automobile doesn't have, when he came home, when he returned from the murders, rushing like hell, before that limousine driver left, because if that limousine driver left, there goes any alibi. He had to get home before that limo driver left, catch that plane to go to the airport. And that limo driver was on the Ashford driveway parked and looking in, wondering why nobody is home. Mr. Simpson knew that, and he had to pull around the other way, park on Rockingham and get onto his property, and that's why the car's parked on Rockingham, and no other reason, ladies and gentlemen. It's obvious. Now, do you recall I asked Mr. Simpson about this parking on Rockingham and he had this convoluted explanation about his dog Chachi. It's really easy to blame things on dogs. They can't testify. You can blame things on people who are dead, as he has repeatedly. They can't testify either. And he said oh, I parked on Rockingham because, you know, I liked to watch the dog when I get out and then the gate closes and I run back in. All this stuff about the dogs running out. Well, the dog never runs out. How many witnesses did I have to call to the stand to show that the dog never runs out, this old lame arthritic dog. Couldn't get that dog to move. In fact, we showed you a photograph of the Ashford gate wide open, wide open, strange man taking pictures there, and the dog's not going anywhere, the dog's sitting there, and he ain't moving, okay. That's Chachi. Well, this is just something Mr. Simpson invented because he had to have an explanation why he parked on Rockingham. Now, in terms of the blood in his car when the police arrived on the morning of the 13th, to go over to Mr. Simpson's house, you heard testimony from police detectives, they saw the blood in the car early on the morning of the 13th, including Lange talked about it and we had Donald Tippin talk about it, Daniel Gonzalez talked about it, Detective Astin, I think his name is, he talked about it. They saw blood outside of the Bronco and inside the Bronco, by looking in with a flashlight, especially when it got a little lighter on the morning of June 13. Now, let me explain something to you. That blood could not have been planted, right, because Mr. Simpson didn't give his blood to the police until 2:30, 3 o'clock that afternoon -- actually it was 3:30. So how did the blood get in there? It could not have been planted. You understand it could not have been. They didn't have any of his blood. And I asked Mr. Simpson when he sat right here (indicating to witness stand), about that blood in that car and asked whether he bled in that car the night before, whether he would admit to that. He said no, no, no, I did not bleed in that car, I did not bleed in that car. He has no innocent explanation for the blood in that car. None. No innocent explanation for why there was blood in the car the next morning. Zero. Now, you'll hear -- maybe they'll talk about it when Mr. Baker gets up, but Mr. Simpson has this story where he goes in to get his cell phone at the end of the night, at 11 o'clock, before he runs off to the airport. He's now changed the story to say cell phone accessories, but we're going to talk about that later on. Goes in to get his cell phone, okay, and he opens the door, limo's ready to take off, car's on Rockingham, goes in, and he said he reached in with his right hand to get the cell phone -- or whatever it was he said, windbreaker -- he never put his left hand in the car. And I went through, very carefully, the movements in the Bronco. When he went to get his things out, he didn't get in and close the door, which you wouldn't do to take something out; you go in -- open the door, you reach in. You try to say he might have gotten in because it's a high car. But basically, he said, I don't think I did. And I certainly didn't close the door. And I reached in with my right hand, and I didn't touch the knob where you pull the lights out, headlights. I didn't touch the inside notch of the door handle; I didn't touch those places. Okay. So he has no explanation about how blood got right there, for example. (Indicating.) How do you get blood inside that notch? How do you get blood in there if you're just reaching in and grabbing something or closing the door? You'd never get your left hand in there unless you're in the car, door closed, and you're going to open the door to get out. That's the only way blood can get in there. That's his blood, ladies and gentlemen, right in that notch there, number 23. That blood was in his car from when the police came on the 13th, and it was collected the next day. Blood there, (indicating) right where the headlight knob is. How do you get blood there? Left hand, left finger maybe. Left hand, left finger maybe. I asked Mr. Simpson: Suppose you had just -- suppose you had cuts on these fingers here. Could you have -- would your finger have made contact with this inside notch area? And he had to say it would have. And that is, of course, what happened when he came back from Bundy and he opened the door to get out. He put blood here, (indicating) on his left finger -- he put blood there, (indicating) and he put blood there. (Indicating.) Now, item 31 on that -- on that board -- First of all, let me mention that the DNA analysis done on -- on the -- this blood here, 23, (indicating) that blood, I think that's -- Is that 24?

54 (Nods affirmatively.)
55 MR. PETROCELLI:

And some of the other stains, DNA analysis, Gary Sims?

56 (Nods affirmatively.)
57 MR. PETROCELLI:

That's O.J. Simpson's blood, again, not contested, not challenged. That's his DNA; that's not someone else's blood; that's Simpson's blood right there (indicating) and right there (indicating), here, too, 34. (Indicating.) Number 31, is that -- that's Ron Goldman's blood, ladies and gentlemen. DNA analysis of item 31, performed both by Collin Yamauchi of SID and Gary Sims, and both independently, confirmed that that blood, 31, is Ron Goldman's blood. Now, how does Ron Goldman's blood get in O.J. Simpson's car? Do you really need to ask it over and over again. No contamination is responsible for that blood drop. That was the testimony of Dr. Brad Popovich. There's no possible explanation -- no innocent explanation. The only explanation is that Mr. Simpson got Mr. Goldman's blood on him when he murdered him; and he got it on his car, and that's why it's there. And finally, on this Bronco, item 33, this area right here on the floor, where the emergency brake is (indicating), that, ladies and gentlemen, is the blood of Nicole. Again, DNA analysis confirms that. No challenge by the defense. They don't have any contrary evidence. That is Nicole Brown's blood on O.J. Simpson's carpet in his car. Mr. Bodziak testified that there were certain lines, an outer line and inner line, parallel lines, that make this stain area consistent with a shoe print, consistent with the Bruno Magli shoe print, Silga sole. That was his testimony. We know what happened. We know that Mr. Simpson, with these shoes or shoes just like this -- For the record, I'm holding up what?

58 MR. FOSTER:

395. (Mr. Petrocelli displays Exhibit 395, Bruno Magli shoes, to the jury.)

59 MR. PETROCELLI:

Exhibit 395, which is a sample of a Bruno Magli -- different color -- same color or different? Different -- Silga sole, Lorenzo. And Mr. Bodziak testified that the shoe -- shoe print in that car in Nicole's blood is consistent with this -- with these Bruno Magli shoes. So, Mr. Simpson stepped in Nicole's blood, still on his shoes, stepped there and left that, left that stain. (Indicating.) Now, they can't claim, by the way, that this blood was planted, either; because on June 14, that whole piece of carpet, that entire piece of carpet was actually removed from the car, on the morning of June 14, by the criminalist. And they wrapped it up tightly in paper and they put it in a freezer at SID, Serology. And that's where it stayed. There's been no evidence that anybody went -- ever went in there and took it out and did anything to it. Zero evidence of that. And then sometime later, it was taken out -- I think on September 1 -- and Greg Matheson clipped off some fibers that had the blood on it, right over here (indicating) -- In fact, that's his hand doing it, right here, clipping off the fibers from the -- from the blood. They sent that blood out to be tested. They labeled those bloody fibers 293, the carpet itself being 33. And DNA analysis confirmed that that blood on that carpet in O.J. Simpson's car was Nicole's blood. Not even Dr. Gerdes said that that was contaminated. No evidence of contamination. So that's undisputed, ladies and gentlemen. You have Nicole Brown's blood in O.J. Simpson's Bronco the night of the murders. How did it get there? No one is -- no innocent explanation. He doesn't tell us; he doesn't have it. He's guilty. Finally, on the physical evidence, we go to Rockingham, Mr. Simpson's home. And basically what we have at Rockingham, ladies and gentlemen -- we have a couple things. We have blood on the outside the driveway area, leading up to the front door. We have blood drops inside the front door, on the hardwood floor, there in the foyer. We have some blood drops in Mr. Simpson's bathroom, right off his bedroom. We have blood in the shower. We have blood on the cable, from the back wall behind Kato Kaelin's room. We have the glove at Rockingham, behind Kaelin's room. And the glove I'll talk about separately. It is loaded with evidence, the glove. And then we also have a pair of socks in Mr. Simpson's bedroom with some dried, splashed blood. Donald Thompson testified, ladies and gentlemen -- that's that very large, 6-foot 6 officer -- that he was there early in the morning at Rockingham, around 8 o'clock or so, and he saw these blood drops. And he testified about them. And bear in mind these blood drops could not have been planted, right? They didn't have O.J. Simpson's blood; they couldn't have planted any of these blood drops. They had no blood to plant. So they can't tell you that blood is planted. So what's O.J. Simpson's blood doing dripped all over his driveway? And why is it in his house? And he had no explanation. Zero. No innocent explanation, I should say. Could you put up the next one. (Exhibit displayed on the Elmo screen.)

60 MR. PETROCELLI:

Again with various DNA tests that were done by the various labs, all labs agree -- in other words, you can't just say SID somehow comes up with all the wrong results, can't just blame it on the LAPD labs. Separate, independent testing was done by Gary Sims and by Robin Cotton. And they always, always, in this case, came up with the same results. Okay. That's very important. Everybody had the same results. All of these results, of all this blood evidence on the outside of the property and on the inside of the property of these various locations, all confirm to be O.J. Simpson's blood, his DNA. His blood. No defense experts came in here in court to tell you otherwise. The defense has admitted that these blood results showed O.J. Simpson's blood. They don't dispute that. And again, how could it be that there's blood in his house the night of the murders? Now, let's go to the Rockingham glove. The testimony in this case was that at about 10:51 p.m., Kato Kaelin heard a loud crashing sound against his wall. And you all know where his wall is; it's over here. (Indicating.) And we are able to fix that time now because of Allan Park's cell-phone records, which I'll talk about a little later on. But we know that sound against the wall, which Mr. Kaelin thought sounded like someone hitting against the wall -- hoped it would be an earthquake, because he was, frankly, frightened if it wasn't an earthquake -- right where he heard those sounds, the next morning, when he told that to the police officers, a glove was found. A glove. And that glove, of course, was the glove that matched the Bundy glove, brown Aris leather, size extra large, number 70263, stitched right in cutter number 359, sequence control number 9, the glove expert Rubin said it matches exactly the glove found at Bundy. And we know Mr. Simpson owns those gloves. Can you put up the Rockingham glove board. (Board entitled Rockingham Glove Results displayed.)

61 MR. PETROCELLI:

Now, this Rockingham glove, when it was taken into the lab and analyzed, as I said, it was chock full of evidence. It had blood on it; it had hair on it; it had fiber on it. This shows the blood that the glove had on it. (Indicating.) Three people -- all the blood in this case comes down to three people: OJ Simpson, Nicole Brown Simpson, and Ronald Goldman. No better example than this glove right here. Ronald Goldman and Nicole Brown Simpson, OJ Simpson. Blood mixtures. Some of them have individual stains, blood all over this right-handed glove which held the knife. And had blood sort of caked onto it. And DNA analysis confirmed this is Simpson's blood, this is Nicole's blood, Ron's blood. No debate about that. None whatsoever. In addition to the blood on the glove, we also have head hair matching Nicole and Ron. So we have strands of Nicole Brown Simpson's blood and blond hair, and traces of Ronald Goldman's dark hair on these gloves. They may try to talk to you later on about planting a glove, which is completely preposterous. And this -- Just ask Mr. Baker when he asks, in your mind -- when Mr. Baker tries to talk to you about planting of this glove, ask in your mind, did anybody ever see a second glove at Bundy? Was there ever a second glove at Bundy to plant? How can there be planting of a glove at Rockingham unless someone goes to Bundy and sees two gloves? And, without knowing whose gloves they are, whether they fit Mr. Simpson, whether Mr. Simpson had an alibi -- whether he was in front of a thousand people, making a speech, or on national television, or on an airplane, or anywhere else -- without knowing any of that, going to pick it up and go plant it on his property? Okay. Well, that's just silly. It's just silly. Beyond being silly, no one saw a second glove at Bundy. The first officers to arrive, these young patrolmen, not even detectives, Robert Riske Michael Terrazas -- and Mr. Medvene examined them -- they looked around. And then David Rossi came next. They never saw a second glove. These people were surveying the crime scene while Mark Fuhrman was sleeping in bed. There was no second glove there to plant. The second glove was where Mr. Simpson dropped it, at Rockingham. And when he dropped it -- and it was absolutely dark, by the way, in that back alley, no lighting. Kato Kaelin was too frightened, even, to walk down. So when someone was back there that night, he couldn't see anything. It had Nicole's hair and it had Ron's hair on it. Who put that hair on it? It also had some Negroid limb hair, as opposed to head hair. And it also had blue-black cotton fibers that, we submit, are consistent with the sweat suit. I've talked about that before. It had the same fiber on this glove, that matched the fiber on the sock, that matched the fiber on Ron's shirt, meaning they were all contacted by one person, meaning OJ Simpson. And if that were not enough, the glove also has those rare carpet fibers from Mr. Simpson's Bronco. It's got everything on it, ladies and gentlemen. It's a glove that belonged to Simpson. It's a glove that he used to hold the knife in his right hand. It's the glove that has the victims' blood on it. It's the glove that has his blood on it. It's a glove that has the victims' hair on it. It's a glove that has fibers from his clothing on it. It's a glove that has fibers from his car, when he dropped it -- he dropped it at his house. And it could not have been planted and it was not planted. And there's no evidence that that glove was anywhere else, other than the back of Rockingham, where it was found.

62 THE COURT:

Mr. Petrocelli.

63 MR. PETROCELLI:

Yes, Your Honor.

64 THE COURT:

Okay. Noon recess, ladies and gentlemen. I remind you, don't talk about the argument in this case or the evidence or anything connected with this case until the case is finally given to you. Okay. See you at 1:30.

(At 11:55 a.m., a luncheon recess was taken until 1:30 p.m. of the same day.) SANTA MONICA, CALIFORNIA; TUESDAY, JANUARY 21, 1997 1:40 PM DEPARTMENT NO. WEQ HON. HIROSHI FUJISAKI, JUDGE APPEARANCES:

Temperature

devastating

Key Quotes (4)

Petrocelli
Because he wore a dark sweat suit on June 12 when he killed two people. That's why he's saying such a thing. That's why he's lying to you.
The most direct accusation in the segment — Petrocelli explicitly states Simpson murdered Ron Goldman and Nicole Brown Simpson while wearing dark sweat clothing, explaining why Simpson lied about owning any.
Petrocelli
As we trap him, he changes again. We trap him again, he changes it again.
Frames Simpson's evolving testimony about the sweat suit as a pattern of reactive lying rather than innocent confusion, undermining his credibility across all testimony.
Petrocelli
Mr. Simpson and no one else is the common source between these three objects. He's the messenger. He's the one who had contact with all these things, ladies and gentlemen. Nobody else.
The rhetorical thesis of the fiber section — positions Simpson as the only person who could have transferred blue-black cotton fibers between Goldman's shirt, the Rockingham glove, and his own socks.
Petrocelli
There isn't any innocent explanation, ladies and gentlemen, for Mr. Simpson's hair to be on Ron Goldman's shirt. Mr. Simpson says he never met Ron Goldman. Well, why is his hair on Ron Goldman's shirt?
Highlights the contradiction between Simpson's claim of never meeting Goldman and physical evidence of contact, framing the hair match as proof of the murder struggle.

Evidence (10)

Informal
Blue knit cap found at Bundy — contained 12 head hairs matching Simpson, 9 inside the cap, 2 intertwined in the fabric
discussed
Informal
Ron Goldman's shirt — contained a head hair and a Negroid limb hair matching Simpson, plus blue-black cotton fibers
discussed
Informal
Glove found at Rockingham — contained rare medium mocha carpet fiber matching Simpson's Bronco and blue-black cotton fibers
discussed
Informal
Simpson's socks — contained blue-black cotton fibers matching those on Goldman's shirt and the Rockingham glove
discussed
Informal
Masland Industries medium mocha carpet fiber — matched fiber in Simpson's 1994 Ford Bronco, exclusive Ford contract from May 1993, only used in three car types
discussed
Informal
Photographs of Simpson in dark sweat clothing from Playboy exercise video shoot, May 25–27, 1994 (weeks before murders)
displayed on Elmo, used to impeach Simpson's testimony
+ 4 more

Notable Exchanges (2)

PetrocelliBakerFujisaki
Baker objects that Rubin never testified to any 'numbers' on the gloves; the parties adjourn to a bench conference where they review the trial transcript on a laptop. Baker concedes there was a style number but disputes it was an individual serial number. Petrocelli finds the exact cutter number and sequence number in the transcript. Court overrules the objection.
contentious and technically granular
PetrocelliBaker
Baker objects that there is 'no evidence it wasn't returned to anyone else' regarding the cotton sweat outfit items. Court overrules without comment.
strategic

Light Moments (2)

Petrocelli
During the bench conference reviewing transcript on a laptop, Petrocelli mutters 'This is not helpful' and asks 'Can I get on with my argument now, Your Honor?' — conveying visible impatience with the interruption mid-argument.
Petrocelli
Petrocelli quips about the computer operators: 'Computer people are better at it than I am.'

Credibility Attacks (3)

⚔ OJ Simpson
prior inconsistent statements / evolving testimony
Simpson testified November 25 that he owned no dark sweat clothing as of June 12, 1994. Confronted with Playboy video photos, he said he returned the outfits. Wardrobe supervisor Leslie Gardner testified he did not return them. Simpson then returned to the stand and claimed he kept only a cashmere top. Gardner was recalled and testified the cashmere item was too small and was returned to the supplier — she gave him cotton fleece items he never returned. Petrocelli characterizes this as Simpson changing his story each time he is cornered.
⚔ Defense (unnamed experts)
absence of rebuttal witnesses
Petrocelli repeatedly emphasizes that the defense called no hair and fiber expert witnesses to rebut FBI Agent Deedrick's conclusions, and that Simpson's own defense experts examined the materials and did not disagree with Deedrick — leaving the hair match testimony completely uncontested.
⚔ OJ Simpson
prior inconsistent statement
Simpson claimed Nicole never bought him gloves. Petrocelli introduced Exhibit 390, a receipt showing Nicole purchased two pairs of Aris leather light extra large gloves at Bloomingdale's on December 18, 1990 — the same type as the murder scene gloves.

Objections

2 objections (0 sustained, 2 overruled)
Proceeding 8847 • 64 utterances
Civil Trial
Department 103
⚖️ Start
📂 JAN 21, 1997 📄 Closing argument — Petrocelli
JAN 21, 1997 KRT DvH TD