📄 Closing argument — Petrocelli (part 3) — Tuesday, January 21, 1997
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▲ Day 45 of 57

Closing argument — Petrocelli (part 3)

Examiner: Daniel Petrocelli
Called by: Prosecution • Date: Tuesday, January 21, 1997 • Utterances: 8
Attorney Daniel Petrocelli delivers closing argument referencing Exhibit 735 — Nicole Brown Simpson's diary entries — focusing on the May 22, 1994 split and the explosive June 3, 1994 entry in which Nicole recorded OJ's threatening tirade. Petrocelli then pivots to OJ's retaliatory IRS letter sent June 6, arguing it demonstrates the escalating pattern of control and intimidation in the final days before Nicole's murder.
1 (Mr. Foster complies.)
2 MR. PETROCELLI:

Her last written words -- First of all, put up -- put up May 22. May 22, 1994. (Mr. Foster complies.)

3 MR. PETROCELLI:

What exhibit is this?

4 MR. FOSTER:

735.

5 MR. PETROCELLI:

Exhibit 735. And you should take a very close look at these. These are the words that Nicole left behind. And these words, like so many other things, speak from the grave. Mr. Simpson can say all he wants, but these are Nicole's words, not his. And she says in here, "We've officially split, May 22, 1994." Goes on to talk about the arrangement for the children. The reason is, Nicole thought they could be civil about this and still deal with their children, as a loving father and a loving mother would, despite their inability to reconcile. And she's even encouraging him to be with the children there. And then she talks about a blow-up on May 28 or thereabouts, with Cora Fischman. And let's go to June 3. (Indicating to Elmo.) (Mr. Foster adjusts Elmo.) June 3, nine days before her murder, OJ Simpson says no animosity. Three days after this letter -- after this entry, OJ sends this IRS letter. Can you get the IRS letter out. (Mr. Foster complies, displays document on Elmo.)

6 MR. PETROCELLI:

OJ came to pick up the kids -- this is a Friday night -- 8:30 p.m. They wanted to stay home because I let them organize sleep-overs. At last minute, thought daddy wasn't coming. Told OJ I'd drop them off first thing in the morning. He said okay. Then, quote, "You hung up on me last night. You're going to pay for this, bitch. You're withholding money from IRS. You're going to jail, you fucking cunt. You think you can do any fucking thing you want. You've got it coming. I've already talked to my lawyers about this, bitch." Go ahead, Steve. (Mr. Foster adjusts the document on the Elmo screen.)

7 MR. PETROCELLI:

"They'll get you for tax evasion, bitch. I'll see to it. You're not going to have a fucking dime left, bitch," et cetera. "This was all being said as Sydney's girlfriend, Allegra was being dropped off. They may have already walked into the house. I'm not sure if they heard all or any of this. I just turned around and walked away." This is OJ Simpson's -- OJ Simpson's response to this when I asked him on the witness stand, ladies and gentlemen, was that everything in these two pages was true, except what Nicole recounted on that June 3 entry. Everything else is true, but the things she said about OJ Simpson, he says, are not true. And he said, to use his words, they are a pack of lies. Imagine saying that of the mother of your children as she lays in her grave: A pack of lies. And following through on his threat, sure enough, June 6, three days later, he sends this letter, where he tells Nicole how he cannot take part in any course of action that might intentionally or whatever -- what's the purpose of sending that letter? Because of the change in our circumstances or -- obviously referring to the fact that they're not going to be together again; that's the change in their circumstances: They're not going to be together again, so I'll show you. And you heard the testimony of one of Mr. Simpson's good friends. A real reluctant guy came in here, named Ron Fischman, a doctor. He said when Nicole got this letter, she was devastated and crying in his kitchen, and she said, can you believe he would do this to the mother of his children? Could you believe he could do this to his children? And the rest of that week, Nicole wanted nothing more -- this was the last straw for her -- she wanted nothing to do with this guy, and there was no contact anymore. Not because he was avoiding her, because she wouldn't have anything to do with him, who would go so far to retaliate against her by sending letter like that, that forced her to either come up with the -- all the money she had or move out of her apartment -- her condo. Those were the two choices. She had to come up with 70, 80 thousand dollars or move out, because he wrote this letter. No contact that week. She wants nothing to do with him. And tomorrow morning, we'll talk about the recital. Your Honor. . .

8 THE COURT:

Ladies and gentlemen, 8:30 tomorrow morning. Don't talk about the case. Don't form or express any opinions. (At 4:31 p.m., an adjournment was taken until Wednesday, January 22, 1997, at 8:30 a.m.)

Temperature

devastating

Key Quotes (4)

MR. PETROCELLI
These are the words that Nicole left behind. And these words, like so many other things, speak from the grave. Mr. Simpson can say all he wants, but these are Nicole's words, not his.
Frames Nicole's diary as the most credible witness in the case — one OJ cannot cross-examine or contradict.
MR. PETROCELLI
You hung up on me last night. You're going to pay for this, bitch. You're withholding money from IRS. You're going to jail, you fucking cunt. You think you can do any fucking thing you want. You've got it coming.
Petrocelli reads Nicole's June 3 diary entry aloud to the jury — OJ's direct threatening words recorded nine days before her murder.
MR. PETROCELLI
Imagine saying that of the mother of your children as she lays in her grave: A pack of lies.
Devastating rhetorical turn — OJ's own trial testimony calling Nicole's diary a 'pack of lies' is used against him morally and emotionally.
MR. PETROCELLI
She wanted nothing to do with this guy, and there was no contact anymore. Not because he was avoiding her, because she wouldn't have anything to do with him.
Directly rebuts OJ's claim of no animosity — establishes Nicole had cut him off, providing motive for escalation.

Evidence (2)

735
Nicole Brown Simpson's diary/journal entries, including May 22, 1994 ('We've officially split') and June 3, 1994 entry recounting OJ's threatening phone call
displayed on Elmo, read aloud by Petrocelli
Informal
OJ Simpson's IRS letter to Nicole, sent June 6, 1994 — three days after Nicole's June 3 diary entry — threatening financial consequences
displayed on Elmo, discussed as retaliatory follow-through on the threat

Notable Exchanges (2)

MR. PETROCELLIjury
Petrocelli reads Nicole's verbatim account of OJ's threatening phone tirade ('You're going to pay for this, bitch...') to the jury, then notes OJ testified everything in the diary was true except that entry, which he called 'a pack of lies.'
devastating
MR. PETROCELLIjury
Petrocelli introduces Ron Fischman's testimony: Nicole was 'devastated and crying' in his kitchen after receiving the IRS letter, saying 'can you believe he would do this to the mother of his children?'
emotional

Credibility Attacks (1)

⚔ O.J. Simpson
prior inconsistent statement / own testimony
Petrocelli highlights that OJ testified everything in Nicole's diary was true except her June 3 account of his tirade — which he called 'a pack of lies' — using OJ's own words to characterize him as attacking a murdered woman's credibility.

Objections

None recorded
Proceeding 8842 • 8 utterances • Prosecution
Civil Trial
Department 103
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📂 JAN 21, 1997 📄 Closing argument — Petrocelli
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