📄 Closing argument — Baker (part 2) — Wednesday, January 22, 1997
Address:
C:\DEPT103\CIVIL\1997\JAN\22\CLOSING-ARGUMENT-BAKER-PART-2-.DOC
TRIAL
▲ Day 46 of 57

Closing argument — Baker (part 2)

Date: Wednesday, January 22, 1997 • Utterances: 6
Defense counsel delivers a closing argument passage defending OJ Simpson's behavior immediately after learning of Nicole Brown Simpson's murder, arguing his grief, phone calls from Chicago, and rush to return to Los Angeles are consistent with innocence. The segment ends with the attorney quipping about quitting 'before I croak,' followed by a bench conference and adjournment until January 23, 1997.
1 MR. BAKER:

He won't tell him why and why not, because the cops had told him they hadn't released it to the media yet. Well, whether they released it or not, it was out there. And then you've got Kilduff. And Kilduff takes him to the airport in his car. When he gets in there, OJ is beside himself; he's just grief-stricken; he's in despair. He didn't know what to do. How do you act, ladies and gentlemen, when someone you love has been murdered? I've heard a lot about this, and I don't know the answer. I don't pretend to be a psychologist. I don't pretend to have omnipotent powers of mind-reading. I don't know. There is no rule book; there is no etiquette on how you act. You can't believe it. And so OJ gets on the plane and he sits next to Mark Partridge. And Mr. Petrocelli said to you, ladies and gentlemen, he said -- he told Skip Taft over the phone. He says, I can't talk right now. And then he tells him his whole life story. Basically, OJ's beside himself. He doesn't know what to do. One thing he did, though, ladies and gentlemen, as soon as the police told him they wanted him in L.

2 MR. BAKER:

and they wanted to question him, and after Arnelle -- Arnelle told him that, the police also told him that the children had gone out the back, and what had occurred had occurred in the front, and his kids were safe, and Arnelle had told him that there was another victim besides Nicole, after he had learned that, he -- And he made calls while he was in the hotel in Chicago. You've seen the phone records. He called Bundy, talked to police there. He called Rockingham. He's calling Skip Taft; he was calling Kathy Randa; he was trying to get back to Los Angeles. He wasn't trying to escape, ladies and gentlemen. He wasn't trying -- he had his passport with -- he always has his passport with him, and he always has a lot of cash -- he wasn't trying to escape; he was trying to get on the first plane he could. And Kathy Randa had booked him on a 10 o'clock flight, first class, back to L.

3 MR. BAKER:

And he was so concerned about his golf clubs -- what a red herring that is -- he was so concerned about his golf clubs, that, with Jim Merrill four or five minutes away, and a confirmed reservation at 10 o'clock, he just jumps in the car with Kilduff and goes to O'Hare to try to get back to Los Angeles as soon as he can. That is not a sign of a guilty human being. And with the Court's permission, I'll quit now, before I croak.

KEY QUOTE
4 THE COURT:

Okay. I'll see counsel.

THE COURT REPORTER: With the reporter, Judge?

5

THE COURT: No, without. (Proceedings were held at the bench without the reporter:) (The following proceedings were held in open court in the presence of the jury.)

6 THE COURT:

Ladies and gentlemen, we're attempting to adhere to the schedule that the attorneys have agreed upon. So, tomorrow morning, we're going to start at 8 o'clock. Wake up early. Don't talk about the case. Don't form or express any opinions. Don't listen to any news. Don't read anything about it. See you tomorrow morning, bright and early. Thank you. (At 4:30 p.m., an adjournment was taken until Thursday, January 23, 1997, at 8:00 a.m.)

Temperature

procedural

Key Quotes (4)

Defense Counsel
How do you act, ladies and gentlemen, when someone you love has been murdered? I've heard a lot about this, and I don't know the answer. I don't pretend to be a psychologist. I don't pretend to have omnipotent powers of mind-reading. I don't know. There is no rule book; there is no etiquette on how you act.
Core defense rhetorical frame: attacking the prosecution's use of OJ's demeanor as evidence of guilt by asserting no normal standard of grief exists.
Defense Counsel
He wasn't trying to escape, ladies and gentlemen... he always has his passport with him, and he always has a lot of cash -- he wasn't trying to escape; he was trying to get on the first plane he could.
Directly rebuts prosecution's flight/escape narrative around OJ's Chicago trip.
Defense Counsel
And he was so concerned about his golf clubs -- what a red herring that is... That is not a sign of a guilty human being.
Dismisses prosecution's argument about OJ's focus on golf clubs as a tell of guilty consciousness.
Defense Counsel
And with the Court's permission, I'll quit now, before I croak.
Rare moment of levity at the close of a long argument day; humanizes the defense team.

Evidence (3)

Informal
Phone records showing OJ's calls from Chicago hotel to Bundy, Rockingham, Skip Taft, and Kathy Randa
discussed
Informal
OJ's passport and cash on his person in Chicago
discussed
Informal
Kathy Randa's 10 o'clock first-class flight booking for OJ's return to LA
discussed

Notable Exchanges (2)

Defense CounselTHE COURT
Attorney requests permission to stop for the day; Fujisaki agrees and calls a bench conference before adjournment.
routine
THE COURTTHE COURT REPORTER
Reporter asks whether to join the bench conference; Fujisaki declines.
procedural

Light Moments (1)

Defense Counsel
Defense counsel says 'with the Court's permission, I'll quit now, before I croak' — self-deprecating exhaustion joke at end of argument.

Credibility Attacks (2)

⚔ Prosecution narrative
rhetorical reframing
Defense attacks Petrocelli's argument that OJ's Chicago phone call behavior was suspicious, characterizing it as misreading grief.
⚔ Prosecution narrative
red herring label
Defense dismisses the golf clubs argument as a 'red herring,' reframing OJ's haste to leave as urgency to return home rather than guilty flight.

Objections

None recorded
Proceeding 8852 • 6 utterances
Civil Trial
Department 103
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📂 JAN 22, 1997 📄 Closing argument — Baker (part
JAN 22, 1997 KRT DvH TD