Overruled. (Mr. Kelly read a portion from Ms. Simpson's diary.) "There was also that time before Justin, and a few months after Sydney, I felt really good about myself getting back into shape. You beat the holy hell out of me and we lied at the X-ray lab and said I fell off a bike. Remember!??"
Exclamation point, question mark, question mark. Mr. Simpson and Nicole were sharing a dirty little secret. (Indicating to Mr. Simpson.)
You can take that down, Steve. I'd like to go to 1989. If you could play that tape, please. (911 tape played.)
Okay, Steve, that's fine. Now, you heard the testimony of Sharon Gilbert, who is on the other end of that call, although it's not clearly audible to you. What she told you was that she could hear someone being hit at that time. And what she transmitted was.
So you people would never think this was some sort of fabrication, she brought into the courtroom to testify to at that time, female being beaten at location, could be heard over the phone. That call was changed to a high priority. And it was Police Officer Edwards who went over there. And when he arrived -- he told you exactly what he saw on his arrival there that day. And when he pulled up, about that time, Nicole Simpson came running out of some bushes from the house. She was wearing only a bra and sweat-type pants, and she had mud down the right side of the pants. She ran to a driveway, to a post containing the gate release button. She collapsed on the post and pushed the button hard several times. She was yelling during this time, he's going to kill me, he's going to kill me. As she said this, the gate opened, and she ran out to me. She grabbed me and hung on to it (sic) as she cried nervously and repeated, he's going to kill me. At this time, when Officer Edwards first saw her, she had a lump over her right eye, she had abrasions on her face, she had a split lip, and she had finger marks on her throat. Steve, do you have No. 4, please. (Photograph displayed.)
That's what he saw that morning. If you throw up No. 9, Steve. This is one of the photos from Nicole's safety deposit box, as you recall. Same injuries, massive bruise under her right arm also. That was from wrestling. Now -- you can take that down, Steve. He's going to kill me. That's in and of itself sort of an everyday expression, often used, and I'd agree with you people with that. I say it in terms of you've been dealing with kids to parents' going to kill me if I get home too late, things like that. But in this instance, I would suggest to you it was more than that. This wasn't hysteria, the movement of Nicole, this was not just her present state of mind at that particular time. On reflection, and after that, she felt the same way. Steve, if I could see 732, please. (Exhibit 732 displayed on Elmo) Could you move it up. Move the top of the page, Steve. And since Justin's birth, the mad New Year's Eve beat up, I just don't see how that compares to infidelity, wife beating, verbal abuse. And if I wanted to hurt you or had it in me to be anything like the person you are, I would have done so after the New Year's -- flip the page, Steve -- after the New Year's incident, but I didn't even do it then. I called the cops to save my life, whether you believe it or not. So as opposed to Mr. Simpson saying he would never be capable or have the state of mind to kill Nicole, Nicole's state of mind was such that she had no doubt that he had the capability of killing her. Now, after Edwards arrived there in '89, Simpson came out to the car that Nicole had gotten into, and what did he go out there for? He certainly wasn't contrite about the injuries to Nicole. Certainly wasn't accepting responsibility at that time. Nor was he concerned about Nicole. Didn't even ask about her. Nor was he concerned about the kids in the house. What did he tell Edwards, though? And what did he tell you on the stand? He told Edwards at that time that it was a family matter, that if you beat your wife in the house with the kids in the house and you stay behind closed doors, it's a family matter, no matter what you do, how you do it or when you do it. He then sent his housekeeper out to try to fetch Nicole since he couldn't get her out of the car himself. When that didn't work, he was told he was going to be arrested for spousal battery. Mr. Simpson denies that he was ever told that or knew that he was going to be arrested or the cops were looking for him. But what does Al Cowlings tell you? He comes in here and directly contradicts Mr. Simpson. This is his best friend since they were about 8 years old. Mr. Cowlings. He tells how Mr. Simpson switched cars at Schwartz's house and came back because he said the cops were looking for him. Cowlings told you how Simpson parked that car around the corner so he wouldn't be seen by the cops. Mr. Cowlings told you how Mr. Simpson told him how he had climbed over a fence, snuck through the backyard to get into the house, and later when he asked Mr. Cowlings to drive him back there again, Mr. Cowlings told you how Mr. Simpson instructed him to take a particular route back to avoid the cops. When they saw a cop car, they took off again. This is a man who is hiding from the cops, and more importantly, he was lying to you people when he testified about that incident. Now, I don't think there's any doubt in anybody's mind that Mr. Simpson not only hit but battered Nicole on that night in 1989. I think the photos speak for themselves. Nicole told Edwards that Mr. Simpson had hit her, kicked her and pulled her hair.
A.C. Cowlings came in here and testified that Nicole had told him that Simpson had hit her and pulled her hair. You can look at the medical records from that night, the night Mr. Cowlings took her to the hospital, and she told the intake people that she had been hit around the face by fist and open hands and assaulted by her husband. And even in 1993, in October, on the tape, you hear her allude to this assault again. Now, what's most interesting about that night, and I mentioned earlier, is that when Mr. Simpson lost it, he couldn't control himself. Didn't matter who was there or what the circumstances. And on that particular night, Mr. Simpson wanted to represent to you that this was just a wrestling match in his bedroom. It ended when he got her out of the room. But you heard how he not only got her out of his bed and then got her out of his room, he followed her downstairs out of his house across his courtyard into his maid's room, and attacked her in there and chased her out of there, too. And that was even in Lenore Walker's notes, once again his own expert, in talking to her, he admitted to all these things. And when Nicole got out of the room, she was left outside, cold, shivering, half naked, frightened, beaten, battered, muddy, outside the house. And who was upstairs? The children. Mr. Simpson would love you to believe that he would never do anything, anything like that, with the children around. But they were right there in his house. No one recognized the uncontrollable rage Nicole could evoke from Mr. Simpson more than Mr. Simpson himself. And you people have seen the agreement that he signed, Nicole signed, about eight months later, that he referred to as a governor. A governor. Something to help him control his own rage. And the reason that that governor was necessary and the substance of that governor was necessary was Mr. Simpson's own recognition of his own state of mind. And what he knew and what he recognized was that he could not control himself out of love and respect for Nicole, he could not control himself out of love and respect for his children being present when he lost it. What he recognized was the only thing that could help him control himself was his possessions. Fear of losing his worldly possessions, part of them, were the only things that he felt could help him control his rage. Now, it's interesting, I think Mr. Baker alluded to it earlier, that when they put a price tag of about $5 million, this would be worth to Nicole if he violated this again, $5 million. Now, all the writings you will see from Nicole, or every time you will hear Nicole's voice in this courtroom, it was either before this governor was put into effect or after Mr. Simpson and Nicole were divorced. So there's absolutely no possibility, no motive for fabrication in terms of any time you ever see Nicole's writings or you hear her voice. The one thing Nicole Brown Simpson never did, ever, for even $5 million, was to try to fabricate a lie or say something that wasn't true. Now, on January 2, 1992, three years after this, Nicole tells Mr. Simpson that she wants to separate and move out. And you heard Mr. Simpson say that he was caught off guard, that he was devastated. Now, here's a man who's slapped, repeatedly hit his wife in public, driven her to the ground, humiliated her, here's a man who totally humiliated her in '89 in this police situation and what they witnessed at this time, what she had to go through publicly after this incident, he's caught off guard. But in any event, he indicates he tries to get her back for three or four months, falls on deaf ears, and they're divorced. Now, we also talked about how Nicole flew out to New York in -- Christmas in 1992. I'm sure you people remember that testimony. How she called, she wanted to be out there with the kids and they had a great time, and she wanted to speak to him afterwards. Well, I would suggest to you people that Nicole did love Mr. Simpson at one time. And for the sake of the kids -- just like when you lose a loved one or you're separated for a long time, you tend to remember the good times and forget the bad. I'm sure over that Christmas time, she saw a part of Mr. Simpson she had loved for so many years, and she did want to get back. But you will hear on the Lally tape, the '93 tape, that it wasn't quite as Mr. Simpson represented. It wasn't just that she was desperate for him. She says it was for the sake of the children. I would suggest it's quite normal for any woman with children who's been married for a number of years to want to try to put things aside again, start over again, for the sake of the children. But the one thing she does not do is move back in. Now we fast forward a little bit and we get to October of 1993. Do you recall at this time Simpson was over at the house that night with Nicole --
You beat the holy hell out of me and we lied at the X-ray lab and said I fell off a bike. Remember!??
I called the cops to save my life, whether you believe it or not.
Mr. Simpson and Nicole were sharing a dirty little secret.
He's going to kill me. That's in and of itself sort of an everyday expression, often used... But in this instance, I would suggest to you it was more than that.