Examination procedure

📄 Examination procedure — Thursday, January 23, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\23\EXAMINATION-PROCEDURE.DOC

TRIAL

▲ Day 47 of 57

◀ Closing argument — Blasier (part 4) Closing argument — Mr. Baker ▶

Date: Thursday, January 23, 1997 • Utterances: 11

Defense attorney Leonard concludes his closing argument by attacking the credibility of paid witnesses Flammer and Scull, displaying their rate schedules to the jury and arguing that bought evidence should not be sufficient to find Simpson liable. The court then adjourns for the weekend, resuming Monday January 27 at 8:30 a.m.

# 1 MR. BAKER:

I can't see it, Dan; it's green. Put black.

# 2 MR. LEONARD:

Right there. (Counsel writes on butcher paper.)

# 3 MR. LEONARD:

Let's see if Mr. Petrocelli wants to get up and cross-examine that one out.

# 4 MR. PETROCELLI:

I can't wait.

# 5 MR. LEONARD:

Maybe he does. Money. Is that what this is about? Is that what this evidence is about, store-bought evidence, evidence with -- evidence with a price list. (Chart blow-up is displayed.)

# 6 MR. LEONARD:

Remember this, ladies and gentlemen. How much motivation do you need? (Price list from Mr. MacElroy is displayed.)

# 7 MR. LEONARD:

Rate schedule. Group shot, vertical shot, studio photo of E. J. Flammer. One time, $5,000. 24 hours, $7,000. One week, $12,000. Until one day up to the trial ends, $18,000. Not a lot of motivation. But, no, E. Flammer didn't -- he didn't know how much he was going to get; he didn't know how much they were asking. He was told by his attorney not to know that, not to know it. Imagine. Oh, I'll insulate myself from that. God knows, if he didn't really know, imagine what he was thinking in his mind. Who knows? Maybe he thought a million dollars. Who knows? Looks like Scull dropped in value here a little bit. One time, $1500; 24 hours, $2400; one week, $5,000; trial ends, $8,000. What a deal. What a deal. Evidence or sale? Does that satisfy you? Does evidence like this satisfy you, ladies and gentlemen? What this comes down to is, are you going to be able to come back, based on this evidence, and tell my client that he killed the mother of his children? Are you going to do that? Is it worth it? Did it cost too much? Did it come too late? I think so. Thanks.

# 8 THE COURT:

Monday?

# 9 MR. LEONARD:

I'm done.

# 10 MR. BAKER:

Yeah, Monday.

# 11 THE COURT:

Okay. Well, the best laid plans of mice and men have gone awry. So we're going to resume Monday. I'm sorry I got you up so early this morning. We'll resume Monday at 8:30. Don't talk about the case. Don't form or express any opinions. Don't listen to or watch any news on this matter. Don't have any news articles or magazine articles or anything like that about this case come before your eyes. Don't let anybody talk to you about this case. We've come a long ways in this case. Keep yourselves inviolate. See you Monday morning, 8:30. Have a nice weekend. JURORS: Thank you, Your Honor. (At 4:00 p.m., an adjournment was taken until Monday, January 27, at 8:30 a.m.)

KEY QUOTE

Temperature

tense

Key Quotes (4)

Peter Leonard

Evidence or sale? Does that satisfy you? Does evidence like this satisfy you, ladies and gentlemen?

Central rhetorical attack framing the plaintiffs' witnesses as purchased testimony rather than credible evidence.

Peter Leonard

Are you going to be able to come back, based on this evidence, and tell my client that he killed the mother of his children? Are you going to do that?

Emotional appeal to the jury, humanizing Simpson by referencing his children rather than the victims.

Peter Leonard

He was told by his attorney not to know that, not to know it. Imagine. Oh, I'll insulate myself from that.

Mocking Flammer's claimed ignorance of his own fee structure as a transparent attempt to appear unbiased.

Judge Fujisaki

Well, the best laid plans of mice and men have gone awry. So we're going to resume Monday.

Casual acknowledgment that the day's proceedings ran differently than planned.

Evidence (4)

Informal

Butcher paper chart written by Leonard during argument

displayed to jury

Informal

Chart blow-up displayed during closing

displayed

Informal

Price list/rate schedule from MacElroy for witness E.J. Flammer — $5,000 one-time, $7,000/24hrs, $12,000/week, $18,000 through trial end

displayed, argued as evidence of bias

Informal

Rate schedule for witness Scull — $1,500 one-time, $2,400/24hrs, $5,000/week, $8,000 through trial end

displayed, argued as evidence of bias

Notable Exchanges (2)

Peter Leonard•Daniel Petrocelli

Leonard taunts Petrocelli to cross-examine his butcher paper chart; Petrocelli quips he can't wait.

light/adversarial

Peter Leonard•Robert Baker

Baker notes the marker color is unreadable; Leonard switches to black. Collegial coordination during closing.

routine

Light Moments (2)

Peter Leonard / Daniel Petrocelli

Leonard sarcastically invites Petrocelli to cross-examine the butcher paper chart; Petrocelli plays along saying 'I can't wait.'

Judge Fujisaki

Judge apologizes for the early morning call given the session ended early: 'I'm sorry I got you up so early this morning.'

Credibility Attacks (2)

⚔ E.J. Flammer

bias — financial interest

Leonard displays Flammer's published rate schedule showing fees up to $18,000 through trial, and mocks his claimed ignorance of those fees as attorney-coached insulation.

⚔ Scull

bias — financial interest

Leonard displays Scull's rate schedule (up to $8,000 through trial) alongside Flammer's, framing both as witnesses whose testimony was purchased.

Objections

None recorded

Proceeding 8856 • 11 utterances

Civil Trial

Department 103