THE COURT: Yeah. (The following proceedings were held in open court in the presence of the jury.)
Okay. Ladies and gentlemen, from time to time objections have been raised by the defense during Mr. Petrocelli's closing argument to you. And it might occur that during the defense's argument, the plaintiff might raise some objections. This has been a long trial and there are, at times, differences as to how each side perceived what the testimony was, and so we may have conferences up here to iron out those differences. You're not to be concerned with any objections made. You're only to be concerned with the argument that is actually presented, and orders of the Court, whatever the Court's ruling is, on excluding any portion of it. We've had a bench conference here. We've informed counsel that counsel may argue the logical inferences from the testimony of Mr. Ford. That portion of Mr. Ford's -- Mr. Petrocelli's argument that Mr. Ford said that the socks were picked up, that portion itself is stricken and you're to disregard that. Okay. You may proceed.
Thanks, Your Honor. Thanks for the clarification. Mr. Ford testified that his purpose in going to Rockingham was to film after the evidence had been collected to make sure that nothing in Rockingham was taken or stolen after the police and the criminalists were finished. And he testified that his job was to go film various places, including Mr. Simpson's bedroom, after the evidence was collected. When he went into the bedroom to film the bedroom, you saw from the video that there were no socks there. Okay. That's the video that was played for you. And the reason why there were no socks there, ladies and gentlemen, is because the socks had already been picked up by the criminalist. Okay. There's nothing sinister about that. The criminalists pick up the evidence, they take it to the laboratory for analysis. And the gentleman came in and videotaped the house to make sure there wasn't any claim that the police had damaged things or ransacked things. That video doesn't prove anything else. It doesn't prove that the socks were planted or anything like that. Now, the defense also argues that blood on the socks was planted. And they base this argument -- because they say that when the folks at SID looked at the socks, I believe it was on June 25, they didn't see blood. And then when they examined them later on, on August 4, they saw blood. So they said there's blood that must have been put on those socks. Otherwise they would have seen it the first time. Well, the testimony that you heard in court -- the testimony that you heard in court from the people at SID, people like Greg Matheson, is that when those socks were looked at for the first time on June 25, they were not examined for blood. They were inventoried; took them out, looked at them
on it, and made a notation, none obvious. Then made another notation, to be examined later on. That is, to be examined more closely for blood. The socks were then put away, never looked at again until August 4. On August 4, Collin Yamauchi testified that he took the socks out and did the first real inspection of the socks, looked up at the light, he examined them closely, did some presumptive tests, and found blood. Well, that's the explanation for that. Nothing sinister. Again, no planting of any blood. There wasn't any proof, by the way, in addition to what I just told you, that anybody would have had access to those socks to plant blood on them. Who would have done it? Did they identify anybody that went and took blood and put them on the socks. They were in the freezer at serology. They didn't show you that there was any blood planted on them. They didn't show you that someone did that. They're just saying it, taking advantage of the fact that it wasn't observed until August 4, and that's it, and nothing more than that. Okay. I'd like to go now -- you can take that down -- to a different subject. I've spent some time this morning talking about blood and blood evidence because it's so crucial to this case. You know when someone leaves their blood at the scene of a murder, that's usually the end of the ball game, and that person did it. Now, if Mr. Simpson did it, as we believe the proof shows, and if he left blood there, which we believe the proof shows, then one would expect there to be some injury to Mr. Simpson, something cut, something abraded, gouged, whatever, but someplace where that blood came from. And in fact, when Mr. Simpson returned from Chicago the next day and went down to talk to the police, he had cuts or marks or gouges, whatever you want to call them, but he had injuries. Where? Left hand. Left hand. That's where the blood was dropped, to the left of various shoe prints. He had injuries to his left hand. Do you know what kind of an extraordinary coincidence it would be for O.J. Simpson's ex-wife to be murdered by a killer who bled from the left hand and he has a cut on the left hand and he didn't do it? And he got that cut that night, at the time she's being murdered. So when he came back from Chicago, he had a big problem. Big problem. Besides what he knew was the truth inside. He could always hide that. I've heard he was an actor. He could always hide that. But he couldn't hide this, could he (indicating to his own hand)? He couldn't hide this. This is a big problem. What's he going to say (holding up and indicating to his own hand)? Obvious sign of guilt. Big problem. So when he came back to Los Angeles the next day, he's talking to the police, the police tell him about, well, you know, O.J., we got your blood at Rockingham and we got your blood on the car and on the driveway. You got a cut. How did you get the cut? Did he say, oh, I broke it on a glass in Chicago? Did he say that? No. What did he say? He told the police no less than five times, ladies and gentlemen, because he had no choice, he told the police no less than five times that he cut himself before he went to Chicago, in Los Angeles, he cut himself. He had to admit he cut himself. Why did he have to admit it? The police -- he didn't want to admit it. Because they told him they found blood dripped all over his house. So he had to admit he cut himself. How's he going to explain why the blood's there? So when the police pressed him, okay, how did you cut it at your house, let me tell you what he said. Can you put page 23 on the Elmo, please. Steve. (Page 23 is displayed on Elmo.) Mr. Simpson's statement to the police -- can you back down a little bit more, come on down, other way (indicating to Elmo). (Elmo is adjusted.) They're asking him when he cut it. "A week ago, no. "So it's since then? "Oh, I'm pretty sure, yeah. "Yeah, just last night, last night's the night of the murders. "Somewhere last night you cut it? "Yeah, yeah. "Somewhere after the recital? "Somewhere when I was rushing to get out of my house. "After the recital? "Yeah. "What do you think happened? Do you have any idea? "I have no idea, man." Now, what kind of person says they have no idea how they cut themselves hours before. Come on. Let's get real. Who says they have no idea how they cut themselves an hour before when they're being interviewed concerning the death of his ex-wife. Obviously a guilty man says he has no idea because he does not want to admit how he did it. And the only reason he was asked to talk about this at all is because he can't hide the cuts. He was able to hide some of them, by the way, between his fingers, which he never showed to anybody. You'll see when he takes the photograph, he keeps his fingers together and he hid the one inside the fourth finger. But he wasn't able to hide the one on the outside of the middle finger. Now, is this the only evidence that Mr. Simpson cut himself that night? Do you remember Skip Taft, his friend of 27 years, his business associate, his lawyer. Do you remember when I had him on the witness stand here and he told me -- I asked him, didn't you see that fourth cut that Mr. Simpson had the day at the police station on June 13? You saw it there, didn't you? 'Cause Mr. Taft had gone to the police station with Mr. Simpson. And Mr. Taft said no, I didn't. And then I pointed out to him, what are you talking about, look what you said in your deposition. And I pulled out the deposition. He testified in crystal clear terms that he saw the fourth cut on Mr. Simpson's -- the cut on Mr. Simpson's fourth finger that day while he was being interviewed by the police -- in the office while they were waiting to take him in for the interview. He was with Howard Weitzman and Mr. Simpson, and he saw that other cut in addition to the cut on his middle finger. By the time he came into court to testify, he knew Mr. Simpson had said he only had one cut, and he knew he had a big problem, so he went to bat for his buddy and lied under oath. That's Skip Taft. Michael Baden -- do you remember him? That was the defense expert witness who was the pathologist. Michael Baden came into Los Angeles the week of the murders and met with Mr. Simpson and some other defense experts on Friday, June 17, at the home of Robert Kardashian, and they took a bunch of pictures of Mr. Simpson. He was supposed to be readying himself for arrest. And Michael Baden asked Mr. Simpson -- you heard him on the stand when Mr. Medvene examined him. Michael Baden asked Mr. Simpson how he got these cuts, where he got the cut, and here is what Mr. Baden said: "Q. Now, is it accurate, sir, that after examining Mr. Simpson, he told you he received certain of those marks on his hand while he was in Los Angeles on June the 12th, preparing for his trip to Chicago? "A. Yes. "And he told you, did he not, sir, that he wasn't quite sure how he cut himself? "A. Yes." So Mr. Simpson told Michael Baden that he cut himself in Los Angeles and -- but wouldn't tell him how, said he didn't know. Now, on top of this testimony of Mr. Simpson and what Mr. Baden said, we also have photographs. Steve, can we put up the photographs. First put up the exhibit -- what's this? 172?
Even though Mr. Simpson only talks about one cut, there's the second cut there, right there, maybe even a third. Dr. Spitz says these really aren't cuts, these are fingernail gouges. These are victims trying to unclaw his fingers. Mr. Simpson was asked on this witness stand, okay, tell us how you got these cuts? You told the police you got them in L.A. before you left for Chicago. And you heard me examine him for some time about those cuts. And then what did he do? He said, I don't know how I cut myself in L.A. In fact, I don't think I cut myself in L.A. And then he denied cutting himself in L.A., he denied it on the witness stand. Even though we have all this other evidence and these photographs, he denied it. He said, oh, I just saw a little bit of blood on my pinkie and on the kitchen counter. That's the only blood I saw before I went off to Chicago. And I really cut myself in Chicago. Forget what I told the police, I was wrong, I was assuming things. Why is he assuming things? The last time in the world you'd be assuming anything. So then I said, okay, let's say you cut it in Chicago, as you now want to say. How did you cut it in Chicago? Tell us exactly how you did it. And he couldn't tell us. I said, did you -- he said something about a glass. I said, did you throw the glass against the mirror, did you throw it on the floor? No. Did you throw it in the shower? No. Did you throw it in the sink? No. How did you cut yourself in Chicago? I don't know. All of the sudden there was some glass and I was sweeping glass into a sink, and all this convoluted stuff, which made zero sense. Scooping broken glass into a sink. First of all, how does he get that cut sweeping broken glass into a sink? He had no credible explanation for this -- for these injuries to his finger. None. None. And the reason is because he sustained these injuries while he was murdering two people. That's the only reason he has those injuries on his finger. That's why to this day he cannot tell you how he got those injuries. And did Mr. Baker ask him? Did he try to set the record straight when he testified a week or so ago. No, he did not, ladies and gentlemen. He had every chance to explain it all to you. Even though I tried to get it out of him for about a half-hour on this stand. Got nowhere. I don't know. Mysterious cuts. Now, show the pictures taken on the 15th and the 17th. This is a cut on the inside of his fourth finger as Dr. Spitz says appear to him to be fingernail gouges. Mr. Simpson swears to this day that he did not have that cut when he left for Los Angeles -- when he left Los Angeles for Chicago. He swears to this day he did not have that cut in Chicago, that he did not get that cut breaking any glass. 'Cause, obviously, he wouldn't -- you wouldn't get such a cut like that, if it is a cut. And so then I said, okay, tell us where you got that injury then. If not in L.A. and if not in Chicago, how did you get that one? I don't know. Another "I don't know." Then he -- he then had the audacity to mention something about wrestling with his 6-year-old son, a 50-pound boy, maybe he did it to him. Can you believe that? Mr. Simpson was examined by Dr. Huizenga on the 15th of June. He was examined again by Dr. Huizenga on the 17th of June. Dr. Baden examined him on the 17th of June. The testimony was there were three cuts and seven abrasions on the left hand and one cut on the right hand. He, to this day, ladies and gentlemen, has never given any of us, and you're the only ones that count, he's never given any of you a single explanation for any of these injuries. Not one. Not one. What kind of man would be unable to tell you how he got 11 or 12 injuries to his hands, not be able to tell you how he got a single one? What kind of man? A guilty man. No other kind of man. Okay. We're now going to go to a different subject. I think I've reviewed in sufficient detail for all of you the physical evidence. I've talked about all the blood evidence, the gloves, the shoes, the hair, the fiber, the cuts, the socks, the Bronco, blood in his house. The list goes on. And it all points to him and no one else. Nobody else. Just him. Just him. Because he did it. That's the only explanation why it all points to him. Because he did it. Now, what's his alibi? Let's talk about that. Does he have one? These murders occurred, ladies and gentlemen, we know between 10 o'clock p.m. and 10:55 p.m. That's the -- you know that Nicole was still alive at 10 o'clock on June 12. We know that Ron Goldman was still alive. If you remember the testimony at the very beginning of the case -- I know it's a long time. It's not really in dispute, so I won't dwell on it, but Nicole received -- Nicole called Mezzaluna when she found out her mother left her glasses there, called the restaurant and asked Ron to drop them off. And Ron left the restaurant on his way to go meet some friends shortly before 10 o'clock. He left in his waiter uniform. He went home and changed first. And then he drove over, parked his car on Dorothy and walked up to the front gate. So we know it had to be sometime after 10 o'clock because he didn't leave Mezaluna until 9:50, at 10 to 10. It would have taken him time to go home and change and do whatever he has to do and then get in the car, drive over there, walk up to the front door -- walk up to the front gate, excuse me, and as you know, he never made it past that front gate. Never got past the front gate. The envelope with Judy Brown's glasses, was dropped next to him on the ground where his body lay. He never got past that front gate to deliver those glasses. He was confronted, attacked and killed right there in that tiny area right past the front gate, no more than a four-by-six tiny caged area. At 10:55, by the way, is the time when one of the neighbors, a man named Steven Schwab, testified that he saw on the corner of Bundy and Dorothy, Nicole's Akita, the dog named Kato, and it had blood on it. So we know that the murders were over by then because this dog had blood on it and was walking outside of the property and that's at 10:55. In fact, another witness named Louis Karpf saw the dog around 10:50 in the middle of the street. So that's the absolute outside time. We know that the murders were over by 10:50, 10:55. We also heard from a man named Robert Heidstra. He's a man that lives in the neighborhood and he's a dog lover. Basically his life is washing cars and walking dogs. And he was walking around the block that night and he heard sounds -- heard the sounds of Nicole's dog, and he recognized Nicole's dog because he was familiar with the dog. And it was a very agitated sound. You'll recall his testimony. Not a kind of sound where the dog might be barking at a stranger, but a very agitated sound. And he heard that sound, that very loud and insistent barking dog at around 10:30, 10:35. Remember that testimony? And then instead of walking by Nicole's condominium, he switched directions 'cause he was afraid his dogs might run into the Akita. It was obviously very agitated. So he went back and decided to cut across an alley way, and when he was halfway across, he heard -- he heard the sounds, the young male voice saying, hey, hey, hey, hey, followed by a deep, darker voice which he was unable to decifer. Then he heard a gate clanking. Then he heard nothing more. Then he walked to the end of the alley, stood there for a while, waiting for his dog to do its business. He heard the sound of hey, hey, hey between 10:35, 10:40, that area. And remember he didn't have a watch on. These are people giving estimates of the time. We're not talking about precise times here. If every one of you looked at your watch right now, possibly would have a different time on it, might be off by one or two minutes, maybe five or six minutes. So he just gave the best estimate he could. Thought it was 10:30 or so, 10:35, when he heard the agitated dog. He thought it was maybe 10:35, 10:40, when he heard hey, hey, hey. Now, when he's on the other end of the alley, just standing there, looking down toward the corner of Dorothy and Bundy where there's a street lamp, he saw a car come out of the dark from Dorothy, approach Bundy and then make a right, going away from the scene of the murder, and he testified that that car looked like a Bronco, a white Bronco. And so, the evidence strongly suggests that was OJ Simpson's Bronco. That was OJ Simpson fleeing from two murders he had just committed, not wanting to drive in front of the condo where two bodies lay, made a right on Bundy, cut around the block, and went up around up to his house. We put a witness that took the same route, not driving as fast as you can do it, four minutes, easily. It's that close, no traffic that time of night. And Mr. Heidstra testified that he believes he saw that Bronco around 10:40, 10:45, at the very latest. 10:45, at the very latest. That's the general picture of what was happening at Bundy during that time. Now, where is OJ Simpson, ladies and gentlemen, during that time? Where is he between 10 o'clock and 10:45, when these murders occurred? Where is he? Well, we asked him. He said he was home, of course. But all the evidence in this case, ladies and gentlemen, tells us OJ Simpson was not home at Rockingham between 10:00 and 10:45. He was not there. We know he was not there. He was lying. Lying, lying, lying. And he got caught, and he got caught, and he got caught, and he got caught. Like to go through why we know he was not there? First of all, we know that Mr. Simpson returned to the property after these murders, around 10:51. How do we know that? Because that's when he banged into the wall behind Kato Kaelin's house. Kato Kaelin was on the telephone. He was frightened. He got off the phone. He went to check what was going on. He ran into the limo driver; and, because we now have the limo driver's cell-phone records, we were now able to figure out more precisely when Mr. Kaelin heard these sounds. And Mr. Kaelin has been very clear on this. In fact, his testimony has never, ever wavered about when he heard those sounds. Going back to the very first interview he gave in this case to OJ Simpson's lawyer, Robert Shapiro. Okay. Where he told Mr. Shapiro that he heard those sounds, and within three minutes or so, he was out in the front, checking to see what happened, about three minutes after hearing those sounds. And when he came out in the front, that's when the limousine driver, Alan Parks saw him. And we know from Alan Parks' phone records, that Alan Parks saw him at 10:54. So, we know -- we know that Kaelin heard those sounds at 10:51. And even without ever looking at a clock, okay? Listen, he's been extremely accurate in all the testimony and interviews he's given. OJ Simpson gets on his property at 10:51, bumps into, or crashes into, or runs into this wall, where it's extremely dark and no light, drops a glove, comes back up the alley to where his car is parked in the driveway, puts a bag there, a bag never again seen to this day. And then he makes a bee-line inside his front door. And that's when Alan Parks sees him for the first time. And that is 10:55. So we know he's home around 10:51, and he's actually seen at 10:55. But where was he before then? Well, let's go back a little bit. Mr. Simpson said he went to McDonald's with Kato Kaelin to get a hamburger. We know, from Kato Kaelin's phone records, that Mr. Simpson and he left about 12 minutes after 9 o'clock and returned by about 9:35. Mr. Kaelin went in his room and made a long-distance call at 9:37. By that time, he was already in his room and back from McDonald's. Mr. Kaelin testified that when he got out of that Bentley in the driveway, he turned as though he were going into the house to talk to Mr. Simpson while he ate his dinner, and Mr. Simpson never left the Bentley: Stood there, never left. Just stood there. And for that reason, Mr. Kaelin thought better and decided just to walk right around to his house, to his guest house, and mind his own business and enjoy the night without Mr. Simpson. Now, that's the last time anybody saw OJ Simpson, 9:35 p.m., until he was seen again at 10:55. We asked Mr. Simpson whether he could identify anybody who he saw or spoke to between 9:35 and 10:55. And he said he cannot. He knows of no such person. Even though, as Mr. Baker told you, this guy telephones people all the time: No telephone calls during this time, either, except a cell-phone call, which we're going to get to. He's an avid telephoner, Mr. Baker says, and Mr. Simpson said on the stand, but no telephone calls, no contact with anybody. All of a sudden, there's a big hole in the night. When Mr. Simpson was interviewed the next day by the police, they asked him what he did after the recital, ladies and gentlemen. And he told the police that after the recital, he got in his car and he drove over to Paula Barbieri's. Paula Barbieri, by that time, was a woman he was starting to date again. He must have said that three or four times in his police statement, that he was driving over to Paula's house, and he was calling her on the way, and that she was not home. Now, his phone is in the Bronco. He said he used his Bronco to drive to Paula Barbieri's house. He said he used his Bronco to make a cell-phone call as he was going. Well, the only cell-phone call that we have from Mr. Simpson's records is a call at 10:03 p.m. So we know that Mr. Simpson was on his way someplace at 10:03 p.m. in the Bronco, and he -- that he was not at home. He tried to lie to the police and tell them that he had been going over to Paula's house earlier, like 7 o'clock, because he wanted to tell the police he was home later, when the murders occurred. What he got trapped by, his cell-phone records, ladies and gentlemen, because they showed that the only time he made a phone call was at 10:03 from his cell phone. When I confronted Mr. Simpson with all of that, he had no explanation. He said, oh, he was just wrong again, assuming things. And then, for the first time, when Mr. Baker asked him about this, he said, oh, you know what? I called Paula on the way to her house on Saturday night. I was confusing Saturday and Sunday. Saturday was June 11. Now, this is another lie to cover. Another lie. The reason why this is a lie, you recall he went to Paula's house to pick her up Saturday night to take her to some fancy event, but he told the police, I was calling Paula and Paula wasn't there. Well, Paula was there Saturday night. Paula was home. He picked her up, and they went out. So we know that he wasn't talking about Saturday night. That's just another lie. He's lying to you to cover what he did. Can you put up on the Elmo, page 8. Excuse me. Page 9. (Transcript displayed on the Elmo screen.)
Right there. Where did you go from there? Home, and got in my car for a while, tried to -- tried to find my girlfriend for a while. Came back to the house. Okay. Go to page 9. (Mr. Foster adjusts the Elmo.)
Keep going. Then -- okay. Home. This is after the recital. And then I called Paula, as I was going to her house, and Paula wasn't home. Now, we know this wasn't Saturday night, because Paula was home, so it was Sunday night. And we know that. Okay. He -- Keep scrolling up there, Steve. (Mr. Foster adjusts document on the Elmo.)
Like I say, I came home. I got in my car. I was going to see my girlfriend. I was calling her, and she wasn't around. Again he says it. Go to page 13. (Mr. Foster adjusts document on the Elmo.)
So you drove the Bronco? My phone was in the Bronco and -- because the Bronco is what I drive; I'd rather drive it than any other car. And I was going over there. I called her a couple of times and she wasn't there. And she had left a message. And then I checked my messages, and she had left me a message. Now, we're going to talk about this a little later. This is another lie he tries now to deny, that he picked up this message where Paula ended their relationship. He wants to make -- paint the picture that he wasn't upset that night. But, of course, he did pick up the message, because he said it right here. And I also showed him a phone record, a computer record, and he even denies that. So he called Paula Barbieri as he was going over there. Now, it's -- the cell phone record shows us it's at 10:03. Now, turn to page -- one second. Page 15, Steve, at the end of page 15. (Mr. Foster adjusts document on the Elmo.)
This is further proof, ladies and gentlemen, that Mr. Simpson made this call at 10:03 from inside his Bronco, out on the road someplace. He told the police that the very last thing he did before he left for the airport was to go to his Bronco and get his phone out of the Bronco. This is around 11:05, 10 after 11:00. Okay. So if the phone is in the Bronco at 11 o'clock, it's still there at 10 o'clock, which meant he was in the Bronco at 10 o'clock. And look what he says. The last thing I did before I left, when I was rushing, was, went and got my phone out of the Bronco. Okay. Do you see that? Last thing I did was get my phone out of the Bronco. So that proves the phone was in the Bronco at 11:00, and it is was in the Bronco at 10 o'clock. And at 10 o'clock, we have a telephone call. Can you get the board out that's exhibit 2216. (Exhibit 2216 displayed.)
Now, these are his calls on June 12, 1994. And by the way, local calls are not available to us -- local telephone records, I should say, because they were lost. There's no evidence in this case anybody ever was able to retrieve Mr. Simpson's local telephone calls, for example, from his house to Nicole's house. We don't know about local phone calls, so we don't know how many calls he made that night to her. We'll never know because he's not telling us, and Nicole is dead and she can't tell us what really happened. All we are able to do is reconstruct, to some extent, with his cell-phone records and long-distance records and other things that show up on computer records. The only cell-phone call that Mr. Simpson made that evening after the recital was 10:03 p.m, as you see right here. He said, well, I made this phone call from my driveway. Well, we know it wasn't from his driveway. He was in his Bronco, because he told the police he was in his Bronco. That's why. And no other -- on no other occasion during that time -- entire weekend, did he make any phone calls from his cell phone while he was walking around. Every other time he used that cell phone, he was in his Bronco. So, of course, it was in his Bronco at 10:03. This is critical because it destroys his alibi. That's why he's lying about it. Now, we know he's lying for some other reasons, as well. He claimed his Bronco was parked the whole time on Rockingham, from about 7:00 to 9 o'clock, all the way through the rest of the night, and it never moved. So it would have been there for anybody to see, right next to the curb, 360 North Rockingham, right where it's painted on the curb. That's what he said. Okay. We brought you two witnesses. One, Charles Cahill, who testified that between 9:30 and 9:45, he came for a walk, and he was able to look right in that location where Mr. Simpson said his car was parked; he did not see any Bronco 9:30 to 9:45. So I guess he must be lying or mistaken. Alan Park is a real problem for Mr. Simpson. See, Mr. Simpson didn't know there was going to be a new limo driver that night. See, murderers always make mistakes. He figured his normal driver would be coming over around quarter to 11:00, Dale St. John, and Dale St. John was picking (sic) a little league team, an all-star team, and we have Alan Park show up at 10:23. And Alan Park drives up at 10:23 looking for the address, 360 North Rockingham, never been here before, wants to make sure -- this guy's a big shot; I don't wants to screw this up -- got there early, drove up, looking outside the window, puts it up -- Steve, what's this exhibit?
191. Drove right past here slowly, saw the curb. This is the right place. Back up, Steve. This is now 10:23, when Mr. Simpson says the car is right there. Alan Park testified there was no car there. If you believe Alan Park, it's another reason why Mr. Simpson is guilty. He says that car was there, and Alan Park is just lying or wrong. All these people got to be lying or wrong. I'll see a pattern here. 50, 60 people have to be lying or mistaken. Alan Park drove past here at 10:23 p.m. It was early; went around the corner, parked, smoked a cigarette, wanted to figure out -- now, it's about time to get into the property. Which way should I go? So what he did is, he got back in his car and drove back around this way (indicating) to check out this driveway, to see if he should use this driveway or the other driveway. And he drove past here (indicating) at 10:39, 10:40 p.m. No Bronco. How could he have missed it? Look at that thing. It's huge. How could he have missed it? There's no car there at 10:39, 10:40. Now, if that were not enough -- Can you bring out Parks' phone records? (Mr. Foster displays board entitled Calls Made by Alan Park, June 12, '94.)
If that were not enough to prove Mr. Simpson was not home, Alan Park then dutifully pulls up to Rockingham, pulls up to the Ashford gate, and gets out of his car to start buzzing Mr. Simpson in that little telephone outside the Ashford gate. He begins at 10:40 to 10:43. He's buzzing, buzzing, buzzing, buzzing. Nobody's home; nobody answered the phone. No one's home. What does he do? He's confused. What's going on? Why isn't Mr. Simpson home? He gets -- gets in his car and starts to make a phone call. The car is on; he said the radio is on. He starts to make phone calls to find out where's Mr. Simpson. He calls Dale St. John -- calls his mother to get his number. And you can see the various attempts he made to get in touch with somebody because Mr. Simpson's not home. He testified that he started calling at 10:40 to 10:43, and then again 10:44 to 10:46. In between these various phone calls, he goes back out and tries again. And then, finally, at 10:50, he rings. No answer last time. He rang -- was in between this 10:49:53 call and this 10:50:39 call. There's about 30, 40 seconds. Got back out, rang the bell again. Still no answer. Comes back in, and finally gets a call from his boss at 10:52. And by the time -- he's on the phone now. He's telling his boss at 10:52, look, nobody's home; what should I do? And there's some discussion. Then, at 10:54 he sees Kaelin walk by him. At 10:55, he sees Mr. Simpson walk by him, walk into the front door area, all dark clothing, and he says, okay, he's home, and he gets off the phone. Now, if OJ Simpson was really home, as he said, why didn't he answer -- why didn't he answer the phone? Why didn't he let Mr. Park in? Why didn't he let the limo driver in? Well, he didn't let him in because he wasn't home. But what did he say? He says, well, I was in the shower; I didn't want to get out. And I thought it was my regular driver, Dale, and he knows how to let himself in. Well, they put Dale St.John on the stand: Went to pick up Mr. Simpson 100 times. You ever let yourself in? No. Did you know how to let yourself in? No. He said, well, I didn't want to let him in because I thought the dog might get out, because that dog runs out all the time. I put all those witnesses on the stand to say the dog never runs out. So these were all lies to cover up the fact that he was not home. He has -- he has no alibi, ladies and gentlemen. OJ Simpson is not home. One other thing on this point: At 10:51, we hear those thumps in the wall, something crashing into the wall. Has Mr. Baker of the defense ever explained to you what those noises were from? They weren't OJ Simpson causing those noises. Have you ever gotten a single explanation from the defense about what those noises are? No, you haven't. There isn't any other explanation, and you will never hear it. Is this a good time, Your Honor?
THE COURT: Ten-minute recess, ladies and gentlemen. Don't talk about the case. Don't form or express any opinion. (Recess.) (Jurors resume their respective seats.)
Thank you, Your Honor. We were talking about the crashes against the side of Mr. Kaelin's wall. I demonstrated to you that they occurred at 10:51 when Mr. Simpson returned to the property. You heard one witness whose testimony was read in from the criminal case, Rachel Ferrara. She didn't actually show up in person here. She said -- she estimated that those sounds on the wall occurred at 10:40. Rachel Ferrara was a woman on the telephone with Kato Kaelin when the sounds came crashing against the wall. We also read from Mrs. Ferrara's testimony that she didn't look at any watch or any clock and it was an estimate, and it was based purely on things that Mr. Kaelin was telling her based on his estimates, and he never looked at the clock. So we're dealing with an estimate of 10:40, in fact, by Ms. Ferrara. Kaelin says it was about 10:50 and, in fact, he was very close to it. It was about 10:51. So that's when those sounds occur. That's Mr. Simpson returning. Again, the defense has never offered a single explanation for those sounds. If it isn't Mr. Simpson, then who is it? One final point. I want to pick up on this 10:03 phone call. Can you put up the board, Joe. Here, Steve, put this on the Elmo. You have, at the bottom of page 15 -- You may recall, when I was examining Mr. Simpson about his statement to the police just hours after Nicole's murder, where he told the police that he went to the Bronco right before he left for the airport to get his phone, on the witness stand he said, well, I didn't really mean phone, I meant phone accessories. That's another story that he told now. And you have to understand, Mr. Simpson said between then and now he has become incredibly familiar with all the evidence in this case. He knows what everybody has testified to, what everybody has said, witness statements. He testified on the stand that he spent months reviewing discovery materials. Now, he's had a chance to review phone records. So he knows everything now. And he's in a position, now, to try to lie, to fabricate an explanation to meet all of the evidence that he now understands exists against him. This is a classic example of that. Obviously, he's talking about the phone, not phone accessories, not a cell phone case, not a battery charger, not anything else. And I said, well, what do you mean, you didn't say anything about accessories. He says said, yes, I did, look -- well, whatever that is. He says that's what he meant. The officer had said, uh-hum, and Simpson said, well, whatever that is, obviously referring to that. Now Simpson says oh, no, I meant phone accessories, not phone. Okay. Turn the page. The very next question was, okay, where's the phone now? In my bag. Does he say anything about phone accessories there? Battery chargers or anything else? You see, this is crucial because he's got to get the phone out of the Bronco. If the phone is in the Bronco at 10:03, he's not at home, and that destroys his alibi. That's why we have all these lies, ladies and gentlemen. Now, just to make the final point on this, OJ Simpson was questioned by Michael Baden, this expert pathologist that they paid $100,000 in this case, who testified for Mr. Simpson. He testified that when he asked Mr. Simpson how he cut his hand when he was examining his hand and fingers on June 17th -- now that's four, five days after this police statement. You're going to hear Mr. Baker tell you Mr. Simpson was confused and tired and mixing things up and distraught, and that's why he made mistake after mistake after mistake in this police statement. Well, now it's the next Friday, he had four days to think about everything, and he tells Michael Baden -- this is what Michael Baden testified. Simpson told him he rummaged for his car phone. He was looking for his cell phone when he cut his finger. So four days after this statement he tells Michael Baden, when asked how he cut his finger, I was looking for my car phone, rummaging for my car phone. Referring to the Bronco. Referring to going to the Bronco to get out his car phone. Once again, proving that this was in -- the car phone was in the Bronco at 10:03. You see, Mr. Simpson didn't have these cell phone records then, didn't know what they were going to say. These were calls that were incomplete. Maybe he was hoping they'd never even show up on the records. So we have it -- we have it on the 13th and on the 17th that he told his people that he was getting his car phone out of the Bronco, ladies and gentlemen. It was in the Bronco at 11 o'clock. And he made that phone call driving someplace, looking for Paula. He had picked up a message that she had left him. He was enraged, outraged, and he ended up over at Nicole's where he killed two people. Now, these murders occurred around 10:30 p.m., in that neighborhood. Did Mr. Simpson have enough time to commit these murders, drive back to Rockingham, and crash into a wall at 10:51? Did he have 25 minutes to do all this? Could it be done? You heard a lot of testimony in this case, particularly from people like Dr. Baden, and on our side from a man named Dr. Werner Spitz, about the nature of the wounds, and about how long these murders might have taken. Of course, nobody knows for a fact because they were not there. Let's use a little bit of common sense here. OJ Simpson was a man in a state of total rage, armed with a 6-inch knife. He's a powerful man, over six feet, 200 pounds, played one of the most violent sports in American sports; and not only played it, played it well, excelled at it. He told you how great he was. In fact, he might have been one of the greatest running backs of all time. This is a man of extraordinary strength and power. And here he is with a knife, enraged beyond belief, out of control. Think how much out of control a person has to be to do this. He's up against a woman, 5' 5", 5' 6", 120 pounds, and he has the extraordinary audacity to say she was one of the most well-conditioned women that I know. Can you believe that? Nicole died in about 15 seconds. All those wounds were delivered in rapid fire succession. And she died immediately from a gaping cut to her throat, and she bled profusely out on the ground. There was no struggle. Maybe -- maybe enough to get her hand, fingernails perhaps, in his hands. Ronald Goldman came upon this, didn't have any idea what was happening, thrust into this tiny caged area. You saw Dr. Spitz and Mr. Medvene demonstrate it in an area no bigger than this area right here (indicating). With a big tree there (indicating). Not able to move his arms. Somebody with a knife like this (indicating), and he's there with his hands trying to ward off the knife. How long you think that lasted? What did he have? 30, 40 knife wounds? How long do you think it took Mr. Simpson to deliver those? 30 seconds, 60 seconds. Dr. Spitz said possibly a minute. They put on this testimony of Henry Lee. He did this fancy demonstration of how blood was spattered all over the place. The great Henry Lee. Blood was spattered all over this caged area, and there was a hole, and there was this, and the pager was dropped, and the envelope was dropped. And he tried to pretend like this was a 30, 40, 50-minute battle between two titans looking at all this evidence all over the place; there's blood here, there's blood there, there's blood on the fence. And then when Mr. Medvene finally asked him, give us the bottom line, Dr. Lee, how long do you think this took, in your opinion? You weren't there, how long do you think this took? And Dr. Henry Lee said, at least one minute, anything above a minute he doesn't know. So Dr. Lee agrees with Dr. Spitz. About a minute. That's all he can say to any degree of scientific certainty. And of course, it's common sense. Could you imagine that a round of boxing -- professional boxing match, two well-conditioned athletes, equally matched, going at each other, throwing hundreds of blows. You know what one round is? Three minutes. Ron Goldman went a round of heavyweight boxing with O.J. Simpson? Come on. Who's buying that. This whole idea about how this was a long struggle -- the only reason, ladies and gentlemen, that we're hearing about this is because they want to try to come up with an argument that this thing took so long that OJ Simpson couldn't have done it, he couldn't have been engaged in a murder at 10:30 and home by 10:51 because it took 10, 15, 20 minutes. That's the only reason. He sat down and figured out, you know, how do we come up with an argument here. Well, let's say the struggle took 20 minutes, 15 minutes, 10 minutes, whatever. Then we can argue that he didn't do it 'cause he didn't have enough time. Of course, he had enough time. Then they bring out the $100,000 man, Dr. Baden. And after all the fancy medical jargon, and all the opinions about the order of wounds, and this is difficult to deal with, but the neck wound, the aorta wounds, the chest wound, what does Dr. Baden say when it's all said and done? Two to three minutes, Ron Goldman would have collapsed onto the ground. Two to three minutes, Ron Goldman would have collapsed on the ground. But then, because Dr. Baden is paid $100,000, he says, but I think there were some more blows, maybe five, ten minutes later. What are you saying, Dr. Baden? Ron Goldman was slashed down to the ground and then the killer went and had a cup of coffee, smoked a cigarette, made a phone call, came back, and then delivered the last blow or two? Does that make any sense? It's ridiculous. And he knows better. The struggle took a minute, two minutes, three minutes. And it was over fast and furious. Remember, this is not a cold, calculated, professionally planned killing. This is a rage killing. Look at those wounds. Does that look like a professional killer? Or does that look like someone who's just out of control, in a blind rage, such deeply aroused emotions, killing with a knife, up close, personal? And even if you want to engage in the fantasy and assume it took ten minutes, OJ Simpson still had enough time. He still had enough time. He still had enough time to speed away at 10:40, 10:45, drive the four minutes to Rockingham, get out of his car, go on to the property, and run inside. Now, what happened, ladies and gentlemen, when Mr. Simpson finally did return? What happened? First of all, let me explain something to you. The law does not require us to prove each and every detail about what happened that night. We can't tell you exactly which victim he encountered first, whether he had an argument there, what blows were delivered, the order of the blows. We don't know. He knows and he's not telling and he will take this to his grave. The law does not require us to know those things or prove those things. Nor do we have to give you a murder weapon. Because he hid it somewhere, disposed of it, and we don't know where, and he's not telling us. Nor do we have to tell you what he did with any clothing that might have been bloody. We know there's a lot of clothing missing; there's no sweat suit, there's no shoes. Can't account for those. The gloves he dropped, and the hat. We have those. We don't have to know those details. The law doesn't require us to know. And we don't know. Nor do we know exactly how he got on to his property that night, ladies and gentlemen. We don't know if he climbed the fence. And there is an opening back there, if you wanted to go that way, in the foliage. Or if you want to use the Rockingham gate, which you cannot see from the Ashford gate, especially if you're Allan Park in a limousine, talking on a phone, looking straight ahead, and not looking down towards the Rockingham gate, clear on the other side of the property with shrubbery and play equipment in between. He had no way to see what was happening at the Rockingham gate. Mr. Simpson could have easily opened the gate with his key and gotten in that way. And we see some blood drops along the driveway there. We don't know exactly why he went down that side of the house, what he was going to do back there, or whether he was on the way back. We'll never know the answers to all those questions, and we don't need to. All we need to do is prove to you that he did it. And we know he did it 'cause every single piece of evidence tells us he did it. And there isn't anything telling us he didn't do it. Nothing. Now, when he came back to that property, Allan Park saw him. You can take that down (indicating to board). You want to give me a map of the property (indicating to assistant). (Map of 360 North Rockingham displayed.)
Allan Park saw him coming into the house. Alan Park gets off the phone. Okay, he's home now. He waited to be buzzed in. Does Mr. Simpson buzz him in? No, he never lets him in. Alan Park gets out of the car. This is all the testimony that you heard from him. He gets out of the car, calls Mr. Simpson back. Finally, there's an answer. Mr. Simpson answers and he said, sorry, he overslept, just got out of the shower. Now he denies he said he overslept. But why would Alan Park make up any lies? Why would he lie about anything? He has no ax to grind. He doesn't have anything against OJ Simpson. Why would he lie about anything? There's only one person in this whole case who has any reason to lie about anything. He's got every reason to lie. That's the man sitting in the courtroom here. So Alan Park says, okay. Mr. Simpson says he overslept, he'll be right down. Does he let him in even then? To Alan Park's astonishment, he's not even let in then by Mr. Simpson. Why isn't Mr. Simpson letting Alan Park in? Ask yourself. Why isn't he letting this guy -- why is he making him wait outside? It's not this thing about the dog, which is what Mr. Simpson says, he doesn't want the dog to get out. You have that picture (indicating to Mr. Foster). Mr. Simpson says he didn't want to let Park in 'cause the dog would get out. Here's the gate wide open. Is that dog moving? That dog's not going anywhere (indicating to photo). So that's another reason, ladies and gentlemen, is when Mr. Simpson darted across the driveway, he dropped a bag behind that Bentley, maybe shoes, maybe a knife, maybe clothing. He dropped a bag there and he didn't want Park to come into the property while it was unsecured and perhaps go over and pick up that bag. And that's why he didn't let him in. And then finally, Mr. Simpson comes downstairs out of breath. And by this time Kato Kaelin had walked by. It was Mr. Kaelin, after all, who let Mr. Park in. Mr. Kaelin's out there looking for who made these noises back there. To his bewilderment, he sees a limo driver out here, and he lets the driver in. Now, Mr. Simpson doesn't know that 'cause he's scrambling to get his stuff together. Kaelin lets Park in. Park drives in. Kaelin's here. Simpson comes downstairs. And then Kaelin goes to offer to pick up this bag which he sees behind the Bentley. And Simpson says no, no, no, I'll get it, and he overtakes Kaelin who's about to get it. And he goes and gets it himself. He puts that bag in the back seat of the limousine when he goes and leaves the property. At the airport, he takes that bag and he puts it in his big golf bag. And Mr. Baker demonstrated to you how big that golf bag is. And you can put things in there, that travel bag. Now, the last time that bag was seen, that bag behind the Bentley, was when it was put into that golf travel bag at the airport. It has never been seen again. And Mr. Simpson produced that bag in court. Or he says it's this bag. This was the bag he said (indicating to bag). This was the bag behind the Bentley. This was the bag he was running to get. The bag with all the new tags on it. Someone made a mistake and forgot to take them off. Well, we showed this bag to Kato Kaelin and we showed it to Alan Park, and we said is this the bag that evening that you went to get, that Mr. Simpson took into the back seat, that Mr. Simpson put in a golf bag? They had no reason to lie about anything. They said, no, it is not. This is not the bag. This is a ringer bag. I don't know where the other bag is and we'll he never know. Mr. Simpson got caught a couple times in lying about his activities when he came downstairs to get in this limousine, and when he was going into the property. He told this psychiatrist that was working on the defense team, Lenore Walker, back in February of 1995, about his actions and movements that night. Now, why Lenore Walker, who's a domestic violence counselor, is talking to Mr. Simpson about movements that night, escapes me. But I asked Mr. Simpson that, and he said -- and he slipped, we were trying to figure out the evening. Figure out the evening. Well, back in February of 1995, he told Lenore Walker that when he came downstairs from taking a shower, he walked clear over to this car while Alan Park was still out there and got some golf shoes out of the car and then brought them here to the house. Now, why did he say that? Because Mr. Simpson had already heard the testimony of Alan Park in a preliminary hearing that he saw Mr. Simpson go from like the Bentley to the front door where he was standing in -- waiting in the car for Simpson to let him in, saw him go right across the driveway from the Bentley to the front door. And so Mr. Simpson had to come up with a reason why he went out to the Bentley, so he said he was there to get shoes. He didn't want to admit, of course, that he was coming back from a murder. Now, when Alan Park testified at the criminal trial, after this meeting Mr. Simpson had with his psychologist, Alan Park drew an X like right around here, around under the W and the A, as literally the first spot he picked up Mr. Simpson walking -- walking into the house, he said he didn't put it here, he didn't put it here, he didn't put it near the Bentley, but he put it here. So he had sort of a slightly different perspective in that testimony. Now, when Mr. Simpson testified in this case, instead of telling us that he took a shower, came downstairs, went to the Bentley, walked in from the Bentley inside his house, and that's when Alan Park saw him, Mr. Simpson changed his story, 'cause he didn't have to say he went to the Bentley any more, he now only had to come up with the reason why he went this far, rather than this far. And this looks less guilty, being out here, than it does out here, in the middle of the night, when you're supposed to be getting ready. So now he changed this story and said, well, I was only coming down to drop some stuff near the golf bag, then I went back inside. It was when I went back inside when Alan Park saw me, not when I was returning from a murder. I was dropping something off between these benches and going back inside. So originally he went out to the Bentley. Now he changed his story. He only went as far as these benches. The story changed as he studied the facts, tailored his testimony to what other witnesses were saying. As the other witnesses changed their story, he changed his story with it. That's what liars do. Did Mr. Simpson show any genuine concern for this prowler, by the way, when Kaelin told him, look, OJ, there's somebody back there I think, let's go look, I heard these sounds, was it an earthquake? Couldn't have been an earthquake. Nobody felt an earthquake. Mr. Simpson never asked him to call the security, asked about looking out for his daughter who was coming home that night. He showed no interest in whether there was a prowler on the property because he knew there was no prowler. Now, he's a very clever guy, a very shrewd guy, very smart guy, but he made mistakes along the way, and finally and eventually they catch up with you. A good example of this is this golf bag. Okay, this golf bag that Mr. Simpson is so obsessed with. He gets to Chicago, and his golf bag goes off with Mr. Merrill, a guy he never met before who was picking him up at the airport. Couple of hours later, Mr. Simpson learns from the police that Nicole was murdered. And he was distraught. Instead of calling for a cab immediately and leaving, he calls Merrill, not once, not twice, not three times, get back here and pick me up and get me to the airport. This guy lives 30 minutes, 40 minutes away in the suburbs. You trying to tell me you can't get a cab in 45 minutes? The second time, Mr. Merrill said, you know, Mr. Simpson, I'm not making good progress, you might consider taking alternative transportation. No, I want you to come here. He insisted. As it turned out, Mr. Simpson had to get on that flight. Merrill didn't make it. The golf bag followed on the next flight. Mr. Simpson comes back to Los Angeles. Now, the next day is Tuesday, June 14, ladies and gentlemen. Mr. Simpson goes to his office that morning. He hasn't even seen his children. They have just lost their mother. Think about that. They just lost their mother. Wouldn't he want to come back and run into their arms? The first thing anybody would do. Would you worry about collecting yourself first, as he claims, or would you immediately run to be with them, to protect them, to comfort them. He didn't see them until Tuesday afternoon. Then the next day they were gone again. Now, I am not saying this man does not love his children. I am saying this man was so obsessed and immersed with the guilt of what he did, he was trying to scramble every which way to cover his tracks. There was no time to be with his children. He was huddling with lawyers. And when he was huddling with lawyers, Tuesday, June 14, he asked one of them to take him to the airport to go get his golf clubs. Now, why would a guy who just lost the mother of his children, who possibly never in his life went to the airport to pick anything up -- this is a man who uses limousines and messengers and has servants. He's going to go pick up his golf clubs. So when I asked him about that, he denied that under oath: I did not ask anyone to pick up my golf clubs. I was out with my lawyer and friend, Robert Kardashian, we were just driving around and happened to be near the airport, and I said, hey, let's stop by and get my golf clubs, why don't we, we're near by. That's his story, if that makes any sense to you. But Mr. Kardashian, whose deposition testimony we read in court to you, said he asked me in his office Tuesday morning to go pick up the golf clubs and I said okay and I did. And the two of them drove off. Directly impeached by his own lawyer. Now, we don't know what's in the golf bag. Maybe trace evidence, maybe some blood drops from the night before that he might have been concerned someone could date and figure out when he put the blood on (sic). Who knows.
It is not the conduct, ladies and gentlemen, of an innocent man. An innocent man doesn't go get his golf clubs before he sees his children. There's another curious suspicious fact here, ladies and gentlemen. When he left that airport -- that hotel in Chicago, he was wearing a blue jean outfit, the same outfit he wore when he went to Los Angeles -- excuse me -- when he went to Chicago the night before, blue jean outfit and top. The man who drove him from the Chicago O'Hare Hotel to the Chicago airport described this blue jean outfit. The man that he sat next to on the plane for four hours -- and by the way, he took notes, this guy. His name is Mark Partridge. We read his testimony. He said Mr. Simpson had a blue jean outfit on, no socks and kind of loafer shoes. Mr. Simpson shows up at Rockingham -- gets off that plane and goes to Rockingham, and he's in a completely different outfit now. He's got sneakers, he's got black pants and a white shirt. Where are the blue jeans? He had them on on the airplane. He gets off the airplane wearing blue jeans. Where are they? Where's the blue jean outfit? What happened from the time he got off the airplane at LAX until the time he got to Rockingham an hour later? Now, I asked him all these questions, and of course he said, I didn't have blue jeans on, I had another outfit, I had on the outfit you saw me with when I arrived at Rockingham, I put that outfit on in my hotel room and I never changed. Well, why did two witnesses say he had a different outfit? Two witnesses who have no reason to lie. In fact, they're your witnesses. You called them. Raymond Kilduff. Mark Partridge. Blue jean outfit. Where's the blue jeans? They're missing. Maybe got blood on them. Who knows? Why's he lying about all these things, ladies and gentlemen? Why is he lying about the golf clubs? There's nothing suspicious or incriminating about it. Why is he lying? Why is he lying about the clothing? Why is he lying about all these things? Why's he on an airplane, overheard by this man Partridge, his witness, say to the very first man he called on that airplane, Skip Taft, I can't talk now. Does that sound like something an innocent man would say? Why is he talking -- why is he telling Partridge all about his love of Nicole, getting into detail. This is a perfect stranger. Is he trying to convince somebody on the airplane that he's an innocent man. Why does he know details about the murders? Why did he start talking about two victims in a garden. How did he know about the garden? There was no testimony anybody told him about the garden. In fact, he said just the opposite. Nobody would tell him anything. He kept asking. They wouldn't tell him anything. Made a few mistakes, I guess. And finally on this subject of his conduct after the murders -- a couple more points, actually. One is, on the evening of the 13th, when he went back to his house again, instead of being with his children, he had a whole bunch of people there, sort of all looking at the TV screen, three TV's going on at once. I guess doing a little damage control. And Kato Kaelin comes back that night. They asked him to come back. They specifically asked him to come back. Howard Weitzman and Mr. Simpson made a telephone call to Mr. Kaelin. He came -- comes back to Rockingham on the evening of Monday, June 13, and he gets in there. A few minutes later, he's in the kitchen alone with OJ Simpson. And OJ Simpson says to Kato Kaelin, you saw me go in the house after McDonald's, didn't you, Kato? No, I didn't, OJ I didn't see you go in the house. That's what Kato Kaelin testified to. Simpson trying to make an alibi, obviously. Now, later that week, Mr. Simpson was informed, Friday, to be specific, that he was going to be arrested for a double murder, murdering Ronald Goldman and Nicole Brown Simpson. And Mr. Simpson took off. He fled. He split with his good buddy, Al Cowlings. And he claims he was suicidal and he was going to Nicole's grave to kill himself. Well, let me talk a little bit about that. First of all, why is it that he only leaves the moment he's going to be arrested? Why didn't he go the night before? Why didn't he kill himself on Tuesday, or on Wednesday, or on Thursday? Why Friday, when the police are on their way to get him? That's number one. Number two, why does he have a passport and money and a disguise? Why did he have anything, except maybe a gun if he wanted to kill himself? Why did he go and grab a bag to go into the car to go kill himself? He says, well, it had some pictures in there. Why didn't he just take the pictures out? Why did he take the whole bag? Why is there a passport in there? He says it's always in there. Well, we read you the testimony of his girlfriend, Ms. Barbieri, who spent nights there with him that week, and she said, no, I saw the passport on the bedside table. So that means Mr. Simpson had to take it off the bedside table and put it in his bag. Something he denies. Who knows what he was going to do, but is this the conduct of an innocent man? Does an innocent man flee? Maybe Mr. Simpson didn't know what he was going to do. But he knew one thing. He knew if he stuck around and the police got there, he'd be going to jail and he might never get out, he might spend the rest of his life in jail for killing two people. That's what he knew. And that's why he took off. Because he didn't know what else to do. He had run out of time and that's why he split. Now he comes here and says, no, I was going to kill myself over the loss of Nicole. The very same Nicole that he said he didn't want to have anything to do with. Did you hear him talk for four hours? He didn't want to have anything to do with Nicole any more. She was out of his life. He didn't like what she was up to, so he got out of the mix, as he likes to say. He dumped her. She didn't dump me. He's real big about that. You heard him go on and on about that. So he claims to have rejected this woman as early as May 10. Yet he's going to kill himself now because she's dead. He's going to orphan his two small children. He's going to orphan -- he's got four children. He's going to orphan two of them to go kill himself. Who does that? What kind of innocent man does that? Not even 50 years old, everything to live for. Does that make any sense? Whether he's fleeing the police, whether he's going to pull the trigger, whatever he's doing, it shows one thing, that he is not innocent, but he's guilty of killing two people. That's what it shows. And this suicide note, what kind of suicide note is that, ladies and gentlemen? There's not one word of sorrow expressed in that note for Nicole. Is that extraordinary or what? Who signs a suicide note with a happy face? Did you see that note? It's signed "OJ," with a smiling "O." Does that show you how obsessed he is with his image. Now, he's going to come in here and tell us all about police frame-ups and conspiracies and fraudulent photos. And I read you the transcript of the telephone call that he had with Detective Tom Lange, a man who Mr. Simpson accuses of perjury now and felonies and conspiring to frame him, planting of evidence, lying, getting other police officers to lie. And you know who Tom Lange is? Tom Lange is the man who saved OJ Simpson's life. That's who Tom Lange is. Tom Lange is the man who pleaded with Mr. Simpson while he was in that Bronco, apparently with a gun, pleaded with him not to kill himself, not to pull the trigger, throw the gun out, don't hurt yourself, and got him to drive, finally, home. And but for Tom Lange of the Los Angeles Police Department, OJ Simpson might not be here today. And do you know what OJ Simpson said to Tom Lange? Did he say in outrage, why did you frame me? Why did you conspire against me? Why did you plant evidence? Why is my blood there? How did that glove get there? Why aren't you out looking for the real killer who did this to my Nicole? Did he say any of that? He did not. What did he say? I'm sorry that I did this to the police department. Hey, you've been a good guy, too, man. Thank you. Let me tell you, I know you're doing your job, you've been honest with me right from the beginning, I appreciate that. That's what he said to Tom Lange. And then perhaps he came as close as he ever will to accepting responsibility for what he did in murdering two people, two innocent people, when he said to Tom Lange, I'm the only one that deserves it. And that's in the transcript before you. I'm the only one that deserves it. Is it conceivable that an innocent man would ever utter those words? Is this a good time, Your Honor?
THE BAILIFF: Quiet, please. Quiet. (The following proceedings were held in open court in the presence of the jury.)
I'd like to turn to a different subject now. We've shown you with overwhelming evidence, physical evidence and other evidence, that Mr. Simpson, to a certainty, committed these murders, ladies and gentlemen. The physical evidence cannot be explained as absolutely conclusive and overwhelming. We talked about his guilty conduct afterwards, his lies, his opportunity to commit the murders. Now I would like to discuss a little bit about motive. What is motive? You talk about motive, you usually talk about why did somebody do it, what was their reason, did they have a reason. Let me make clear that under the law, we don't have to prove motive. We have no legal requirements to prove motive. We can stop right now. But I'm going to talk a little bit about motive for a couple of reasons. Number one, you're going to hear a lot about motive from Mr. Simpson. He's going to talk to you about that he never had a motive, and we heard a lot from him on the witness stand about he had no animosity towards Nicole and there was nothing going on between them and he would have no reason to harm her. The other reason is because there was a motive here and there was evidence of motive, and we think we should get out all the information on the table for you, ladies and gentlemen, so you'll have the benefit of it all, so you should know what was happening in the relationship between this man and Nicole Brown Simpson in the last weeks and days of her life that caused this man to do what he did to her. Now, we don't know all the -- we don't know the whole story and we never will. In any relationship, two people are involved. One of them is dead and is not here to tell her side of the story. And the other one is not telling the truth. But even so, we have a pretty clear picture of what was happening in this relationship near the end and why this man was driven to lose control one night, snap, and do what he did. And I'd like to talk to you a little bit about that. You have to understand, ladies and gentlemen, Mr. Simpson's relationship with Nicole from day one was always a turbulent relationship. This was one of those classic love-hate relationships. Can't live with her. Can't live without her. He told the police on June 13, when they asked him about his relationship with Nicole, he said, it was always a problem relationship. Those are his words. I've always had problems with her. Our relationship has been a problem relationship. And we gave you a flavor of that as best as we could, about how she could press his buttons and he could press her buttons. And when he got upset in this relationship, what did he do? He hit her. He lashed out and hit her. And he hit her time and time again, ladies and gentlemen. This goes on in the privacy of one's home, and there are not normally witnesses to these things. And, of course, when one of them gets beaten to death and the other one's not telling the truth, it's almost impossible to know the full depth of what happened. But we saw a few glimpses of it. We had a few witnesses who managed to see things in public, the one woman, India Allen, who saw Mr. Simpson slap Nicole in the parking lot. Another time, she got slapped on the beach. And, of course, in 1989, it was so bad, the police came out. I'm not going to get into those details with you. Mr. Kelly's going to tell you about those details. I just want you to have the picture. This was a relationship characterized by violence when Mr. Simpson lost control and got upset. Not all the times did he hit Nicole, but if he didn't hit Nicole, he hit something else: Take a baseball bat to a windshield, knock down a door. This is a guy who lashes out with his hands when he loses control. And when he lost control on the evening of June 12 and lashed out, he had a knife in his hand. And that's why Nicole is not with us. That's why Ron Goldman is not with us. This was a yo-yo relationship for Mr. Simpson. Nicole left him. She was heartbroken. You'll hear a little bit more about that from Mr. Kelly. Some of her private writings will show her state of mind, the depth of her feelings. She left Mr. Simpson in early 1992, and he was heartbroken, and he tried everything he could to get her back, to prevent her from leaving, including walking over to her house at night when she was with other men, saw Nicole one night -- went over to the house uninvited and looked into a window for ten seconds, knowing she was with another man, having seen them at a restaurant. This is how obsessed he was with trying to get her back. Finally, he moves on and gets involved with this woman named Paula Barbieri. Nicole has moved on in her life. And wouldn't you know it, the following year -- now we're into 1993 -- after the divorce, Nicole wants to try to put her family back together. That's not atypical of a woman in her situation, is it? Father of her two children, a man that, in some ways, she could never stop loving, despite all the pain and all the hurt. She had some therapy. She figured maybe this can work again for the benefit of the family. And she went back to Mr. Simpson and asked him if they could put their relationship back together. And after a couple of months, they agreed they would do so. And they started a one-year trial period of dating one another again, in the hopes of maybe they'd get remarried, move back in, and be a happy family, maybe for the first time ever. And that one-year reconciliation attempt, until -- roughly from about May of 1993 to May of 1994, even that one-year period had its ups and downs, even when both sides or both parties were trying to put it together, even though it was difficult. Even then, the police had to come out. They came out on October 25, 1993, when Nicole called 911 because Mr. Simpson was, once again, enraged at her and out of control. Now, he didn't kill her that night; he killed her eight months later. He didn't kill her that night. Of course, she was on the phone right away, and had protection, she had a 911 operator. Kato Kaelin was in the house. He had to control himself. And ultimately, the police came out, and he did. But he kicked the door down and broke it. You heard Nicole's trembling voice on the 911 tape, how afraid she was. And Mr. Simpson said no, she wasn't; she wasn't afraid at all; she was lying. By the way, you heard the tape of the officer who tried to keep it low profile: We don't want to make a big deal out of this, OJ; we want to keep this down, quiet. They bent over backwards, the police department, to their fault, to protect this guy. He never had a negative experience in his life with the Los Angeles Police Department, except for this one guy in 1989 that came out to the house when Nicole got beaten. He came out there, and Mr. Simpson got into an argument. Outside that argument with that one officer, he never had a negative experience with anybody of the Los Angeles Police Department. They had a rosey relationship with him; they adored him; they were at his house getting autographs, memorabilia signed. He was the All-American guy. And he wants you now to believe that they framed him. So they let this incident blow over. And Nicole and OJ Simpson, around the beginning of 1994, things started working out. And you heard Mr. Simpson say that in April of 1994, he had such a great weekend with Nicole in Cabo San Lucas, where they vacationed, and back in Los Angeles, that he decided that this might work out after all. Nicole might be able to now move back; we'll get remarried -- that's the idea here -- and be a family again. And he even went so far as to call up Nicole's mother, Judy Brown, and tell her that: You know, Judy, I think your daughter and I are going to make it this time. I think it's now going to work. Just -- just when he's feeling that way, feeling that good, ready to have Nicole move back in with him, ready to be a family again, what happens? The yo-yo. All of a sudden, Nicole didn't want to commit to him anymore. He can't get any positive response from her. Who knows what was going through her mind? She was obviously having difficulty making this last, final commitment to this man to move back in his house, and marry him. And so relations began to get strained. Mr. Simpson says of Nicole, one day she was nice, the next day she wasn't. They'd go out, she was great; the next time, she wasn't. He, of course, blames it all on her, like there's something wrong with her. He even said she was going have a nervous breakdown. It's all her fault. It's all her weird problems, not my fault. I'm normal. Something's wrong with Nicole. That's his spin on everything. Of course, Nicole got double pneumonia. Maybe that's why she was shaking one night when they were supposed to go out. But he puts his whole spin on this, that this was all Nicole's not -- not being grounded in reality anymore, just losing it. That's what he would like you to understand and believe. In reality, Nicole did not want to commit to this man just when he wanted that commitment, and he could not accept it. That's what was happening near the end of this relationship. You have to understand something in this area of motive. Mr. Simpson likes to talk about it a lot; he spent a good part of his testimony talking about it. You know why? Because he can say anything he wants. He can say anything he wants and does say anything he wants. She is not here to tell her side of the story. He can lie, lie, lie, lie. And he does. It's a little harder with physical evidence: With blood, with hair, with fiber, with shoes. But in this motive issue, you know, it feels good: Hey, I can sell this story. This relationship deteriorated near the end because Nicole Brown Simpson did not want to commit to this man again. And he retaliated. He retaliated, ladies and gentlemen. He was angry he was upset. What did he do? He tried to force the issue. He goes up to her house on the 22nd of May, after they had held this picnic over at their home, and he was upset with Nicole cause she had come to the house that day with close to two or three hundred people. She was acting like she's his wife, went upstairs and slept in his room, and -- like everything is normal. And he couldn't handle this, either. You're in or you're out. Either you're in or you're out. And he forced Nicole to make a decision that night when he went over to her house on May 22. Nicole said, I'm out. How do we know she said that? She wrote it down. She wrote what her state of mind was. "We've officially will split up," she wrote in her diary. She gave OJ Simpson back very expensive earrings, expensive bracelet. That was it. May 22, 1994. Three weeks later, she is dead. What does OJ Simpson do after this day, May 22? Meanwhile, by the way, seeing things aren't going too well with Nicole, he calls up his old flame, Paula Barbieri, tries to bring her back into his life, maybe as a security blanket or something, but there's a problem: He broke Paula's heart when he left her to go back with Nicole when they tried to reconcile. Now he's trying to bring Paula back in, and she doesn't want to be back in unless Mr. Simpson is finally, once and for all, free of Nicole. And guess what? He's not. You heard how they went off to Palm Springs. And May 28, May 29, a couple weeks before Nicole's death -- you heard that testimony -- they had a fight, and Paula left. Mr. Simpson said it was about golf. I put on the witness stand here, a woman named Donna Estes, a friend of Mr. Simpson's. She had no reason to come in here and lie. She said Mr. Simpson -- said Paula and he fought over Nicole. Paula asked him point blank, do you still love Nicole? Simpson said yes, I do. She left. He talked about Nicole all night at dinner to this Donna Estes, his friend, and he talked all day on the golf course about Nicole to his other friend, Jackie Cooper he plays golf with and tennis with. Hey, these are his friends; these aren't my friends; these aren't Nicole's friends. These are his friends. They came in here and they testified under oath -- they had nothing to lie about -- they said all he was talking about at Palm Springs that Memorial Day weekend was Nicole, Nicole, Nicole. And he told you just the opposite: He wasn't talking about her at all, because he doesn't want you to think that he had any kind of lingering bond, any kind of emotional attachment. He wants to you think that he severed it -- he severed it early in May, so that you won't believe he had any animosity and motive. That's why you're hearing this story. He knows what's he's doing. When Nicole gave him back that bracelet and those earrings and said that was it, what did Mr. Simpson do? Well, he resorted to a little economic leverage. He wrote a letter -- dictated a harsh letter to Nicole, telling her that she had to -- she was going to get in trouble with the IRS unless she paid 70, 80 thousand dollars, which was all she had in a savings account. Why is he doing that? And he writes it to -- gives it to his lawyer, and guess what? Put that Skip Taft thing up. (Mr. Foster complies.) What do you think his lawyers said when he got that letter? (Indicating to Elmo screen.) Mr. Taft got -- Mr. Simpson drafted the letter to Nicole May 26, 1994. Now, four days after this official break-up on May 22, Mr. Taft, Skip -- you remember him -- "made changes you wanted, but did not get, revengeful." Took Mr. Simpson's harsh letter and changed it, made sure it wasn't revengeful. Now, of every single world in the English language, why is Mr. Taft picking out the word "revengeful"? Why is revenge even mentioned in this letter? Well, it's obvious why. Because Mr. Simpson's initial letter must have smacked of hatred and revenge, retaliation. And Mr. Taft toned it down. And by the way, when he toned it down, Mr. Simpson wasn't satisfied, and he had it beefed up again. And the final version of that letter went out on June 6, 1994, telling Nicole that she had to change her address; that she could be getting in trouble from misleading the IRS. He knew how Nicole would feel about that. He knew. He knew how she was feeling. And he delivered on a threat by sending that letter. He tried to tell you on the witness stand that there was, in his words, no animosity between Nicole and him near the end. Now, why did he say that in response to Mr. Baker's questions? Because he doesn't want to you think he had any kind of a reason to be upset with Nicole. He said no animosity. Well, you want to see what Nicole's state of mind was? Put up the diary entry, 6/3.
He was not there. We know he was not there. He was lying. Lying, lying, lying. And he got caught, and he got caught, and he got caught, and he got caught.
I have no idea, man.
Just him. Just him. Because he did it. That's the only explanation why it all points to him. Because he did it.
I'm the only one that deserves it.
Who signs a suicide note with a happy face? Did you see that note? It's signed 'OJ,' with a smiling 'O.' Does that show you how obsessed he is with his image.