📄 Closing argument — Mr. Baker — Monday, January 27, 1997
Address:
C:\DEPT103\CIVIL\1997\JAN\27\CLOSING-ARGUMENT-MR-BAKER.DOC
TRIAL
▲ Day 48 of 57

Closing argument — Mr. Baker

Date: Monday, January 27, 1997 • Utterances: 27
Baker continues his closing argument by systematically attacking the prosecution's version of events, arguing the murders took 10-15 minutes and required at least two assailants — making OJ Simpson's sole guilt impossible. He then walks the jury through his theory of LAPD misconduct: detectives abandoning an evidence-rich crime scene to go to Rockingham, Fuhrman planting the glove, and Vannatter lying under oath in the search warrant affidavit.
1 THE COURT:

Morning, ladies and gentlemen. JURORS: Good morning. ALL COUNSEL: Good morning, Your Honor.

2 THE COURT:

Okay. CLOSING ARGUMENT (continued)

3 MR. BAKER:

Good morning, ladies and gentlemen. JURORS: Good morning.

4 MR. BAKER:

I apologize to you for taking so long. And I apologize to you because this flu hangs on a long time and I still have it. But we'll get through this. One of the things that has required us to take a little longer than we anticipated is I certainly hadn't anticipated that Mr. Petrocelli would get up here last week and tell you -- and say to you that there was no -- absolutely no evidence of planting, there was no evidence of contamination, and there was absolutely no evidence of tampering. Because he says it, it doesn't make it so. There's evidence all over the place. It's been demonstrated to you. And we will go through it a little bit more as the morning wears on. Just the same, when he says there's absolute proof to a moral certainty that OJ Simpson committed these murders, it doesn't make it so. It's his rhetoric that is, I would suggest to you, hollow, and we are going to demonstrate that for you. The thing that is amazing to me is that in a day and a half, the plaintiffs never touched upon the crime scene at all. They didn't tell you how these people met their demise, they didn't tell you about what the police did. They totally ignored it as if this never occurred, as if it didn't happen, as if what we do is we go from the fact that the bodies were found at 12:10 on June 13, 1994, and we go directly to Cellmark, SID, lab tests, and that's all the information you need to know to determine whether or not Mr. Simpson committed these murders. I want to -- pardon me. I want to talk about what happened the night of June 13 as it relates to the Los Angeles Police Department, what they did, and equally importantly, what they didn't do, and how they went about justifying their conduct on the night of June 13, 1994. Now, what we do know about that night is we know that Ron Goldman was contacted after Karen Crawford was called by Nicole Brown Simpson at around 10 o'clock. And we know that Nicole and Ron had at least friendships before June -- June 12, 1994. He had her phone number, and she, of course, after she talked to the manager, Karen Crawford, had asked to talk to Ron Goldman there at the Mezzaluna. And then what happened? Well -- I am really dry. Can you get me some water. Pardon me. So what we know happens is that Ron Goldman goes to his house, presumably showers, changes clothes, comes over to 875 South Bundy. And the other thing that we know is he's got the envelope, and he's got the glasses. We know that once he gets there, the buzzer on the front gate doesn't work. We know that from Lange's notes, because Lange went and tested it, and determined that it didn't work, and put it in his notes. And so this would necessitate Nicole coming out, opening the gate, and allowing Ron Goldman in the front gate. So now we have both of the victims at the front gate. When she opens it he comes in with the envelope, and the glasses contained in that envelope. Now, what happens after that at the front gate, where it swings open, we have showed you the blood smears, and we'll put that picture back up on the Elmo. (Board entitled Blood Stains From Closed-In Area at Bundy.) (Photograph displayed on Elmo.)

5 MR. BAKER:

Vertical or parallel line pattern on the gate post, and interestingly enough, the hat underneath, almost as if it's placed there, underneath the rail of the fence. How does it get there without any dirt on it? How does it get there without being kicked? Do you recall Werner Spitz up here on the stand, looking like he was a rocket, trying to kick his legs saying how it kicked underneath there. Ladies and gentlemen, that virtually looks like it was placed there. And then, of course, you've got the glove at the initial stage, the shoe print right there is within six or so inches of the front gate. And we know that there are no Pautauqua shoe prints at all on the walkway. And we remember the Pautauqua shoe prints are the shoe prints of Ron Goldman. Now, what does that tell us in trying to reconstruct what went on that night of June 12, 1994? Well, one thing we know is that Nicole Brown Simpson was killed first, because if she wasn't killed first, you'd have Chautauqua shoe prints in the blood on the walkway. And there are absolutely none. So she is killed. Let's examine that for just a moment. Werner Spitz testified to you that it took 15 seconds for her to be killed. 15 seconds. Now, he did some pretty interesting physical maneuvers up here to try to justify to you that that death could have occurred in 15 seconds. You will recall that there are four vertical knife marks on the left side of the neck of the body of Nicole brown Simpson, with the blunt part of the knife up, and the sharp part of the knife down, and I hate to remind you of this, but it's important, and those went in a vertical line down the left side of her neck. The perpetrator, the assailant, whoever it was was in front of Nicole Brown Simpson -- and that took some time. And that took some time. At the same time, concurrent with that happening, Ron Goldman had to have been inside the closed-in area, and he had to have been in there because we know the glasses are there, and he brought the glasses. Then the assailant gets behind Nicole Brown Simpson and does the final, heinous act of putting a knife through both jugular veins. Her carotid arteries. I apologize. Through both carotid arteries. Then what happens? The carotids are very close to the heart. Blood is going everywhere. And superimposed upon all this information that we have is the information that we absolutely know, that it's quiet and sounds can be heard. And we know that because we know that Mr. Heidstra, at 10:40, was directly opposite the condominium of Nicole in the alley, and he heard the hey, hey, hey, and that's all he heard. He didn't hear any other voices at all. He didn't hear any screams. He didn't hear any shrieks. He didn't hear any cries for help. And nobody else did. You'll recall, relating to the noise, that after the bodies are discovered at 12:10, LAPD gets people -- police officers, and they door-knock. They door-knock up and down Bundy. Not one person heard a scream. Not one person heard a cry for help. Not one person heard any kind of noise, except for barking dogs. So we have -- we know that it took some period of time for Nicole to be killed. And we know that Ron Goldman was there when it occurred. And we know that not a sound was emitted. And as Dr. Baden said to you from the witness stand, that to me says there had to be at least two assailants. How could you keep them quiet? How could you keep -- how can you keep Ron Goldman off of a single assailant? If it's OJ Simpson or the biggest football player who played in the Super Bowl yesterday? How can you keep him from beating on him, from trying to inhibit him from doing this horrible, horrible thing? The answer is clear. It couldn't if, in fact, there was any truth in the accusation that one person did this and it was OJ Simpson, of what Simpson would have looked like -- I mean Ron Goldman if his back was turned to him while he was gouging with a knife Nicole's neck. He have had body blows to his back. He would have had a choke hold around his neck. He would have had -- he would have had whatever. People would have done one of two things: They would have run out of that gate to get help, or they would have had a horrendous assault on this single assailant. And Mr. Simpson had not a bruise on his body. Nothing. Not a bruise. Not one mark on his body. The plaintiffs tried to assert that this mark underneath his right -- on his biceps of the right arm, was some sort of a bruise. That's been part of his physique since his football playing days. And believe me, that's a long time ago. And let's be very clear. The reason -- the reason Werner Spitz is here and testifying that it's a minute and 15 seconds is because they have to have an absolute quick double murder because there's no time -- there's simply no time for Mr. Simpson or anybody else to commit these crimes, given when Mr. Simpson was seen. So they've got to make them virtually instantly occur. And the point of that is the more you do that, the more you make them quick, the more I would suggest to you it would appear it would have to be a professional killer or professional killers. Not somebody who's in an uninitiated blind rage as they want to you believe. Let's examine further the crime scene, because it has been ignored by the police, but it can't be ignored in arriving at your decision, which is to arrive at the truth. Not a sympathetic version of reality painted by the plaintiffs. And we're going to get into that in a little bit. We know that there was blood spatters all around the closed-in or caged-in area. Have we got that other one that shows the Bundy as well? Once you get by the gate, and you have blood spatters at 3 feet, and LAPD took no pictures higher than that, we don't know if there are blood spatters higher than that or not. We certainly know that Ron Goldman was upright for a period of time. He stepped into blood and dirt which is all in the caged-in area, because there's not a shoe print of his on the walkway. We know that there are an immense amount of -- of physical evidence that indicates how long this struggle took once Ron Goldman was the target to be killed. Blood smears at different locations. And we have them all over. (Counsel indicates to board entitled Blood Stains From Closed-In Area at Bundy.)

6 MR. BAKER:

Blood drops at different locations. His blood spatters at different locations. You've got Ron Goldman's shirt where there were buttons yanked off, buttons pulled off, and the thread still on, indicating that a struggle took place, and he was grabbed and his shirt pulled. The evidence that he was upright at least three minutes after his jugular vein was cut, the left jugular vein, that he was upright. And, of course, he was upright because you have blood here, the pool of blood down in this area, on the back, on the north side, that he had to be basically upright for that blood to have pooled there. He was there a long period of time. The cut on his boot. Remember the cut on his boot where he had a -- it was a fresh cut on the toe of the boot, indicating that he was kicking around the knife? The hole that was dug. Now, that's a pretty good size hole. Both Lange, Spitz, and Lee, agreed that that was a product of the struggle. Now, that takes some period of time. That dirt isn't soft. Werner Spitz says it's soft. Dr. Lee says I was out there, that was an area that took a while to dig. And, of course, it's right where the blood is pooled beeper is found, we have the keys found at a different area. And ladies and gentlemen, we have 30 wounds in the body of Ron Goldman. 30 wounds. Including wounds, defensive, to his hands, including bruises to his knuckles. Now, where on Mr. Simpson are the results of him inflicting punishment upon his assailant? It's not there. Doesn't exist. Doesn't exist because Mr. Simpson, OJ Simpson, didn't do it. You've glove, got vegetation with blood on it. You have indications that this took a fair amount of time now. Now, Werner Spitz, interestingly enough, said, well, I know it took a minute and 15 seconds. When we started to cross-examine Werner Spitz, did you notice how he then started testifying I'm not a criminalist, I'm a forensic pathologist. On direct examination he could stand up here and he could show you exactly what happened, and he could demonstrate with absolutely no hesitation about how these murders occurred, about where everyone was standing. And all of the sudden, when you start to get into the details, when you start to press him, then he was a criminalist. He didn't do the crime scene reconstruction because his testimony doesn't fit. It doesn't make any sense. Sure, if nobody was fighting back, and a hole wasn't dug, if blood spatters weren't everywhere, if blood hadn't pooled, you could probably inflict those wounds in a minute and 15 seconds. But you couldn't when you have two young people who are fighting back. So how long did it take? Well, we know a couple of things; we know that the assailants weren't in too big of a hurry. They walk. (Board entitled Blood Drops at Bundy June 13, 1994 displayed.)

7 MR. BAKER:

We'll have the shoe print board here in a minute. They walked back up towards the front door, turned around, and there are steps going back towards the bodies. They were not rushing through the murder of these two individuals. You heard Bodziak say -- well, that he had testified in the criminal trial, and it was his belief that the -- let's put that one up. You can leave that one up, too -- that the assailant or assailants had walked back into the bushes to perhaps not be seen, towards -- from the front of house, there are steps going down here (indicating), shoe prints going back down here, there are shoe prints over by the bodies, and there's a shoe print four feet in front of the body of Nicole Brown Simpson; four feet in front or east towards Bundy. There's 23 sets of unidentified -- unidentified shoe prints. There's a shoe print that was found by Henry Lee, back here, a parallel line pattern that was found after the LAPD had already allowed the scene to be run amuck by the media and Looky-loos. And Mr. Medvene would have you believe that Dr. Henry Lee cannot tell whether or not that print was put on subsequent to the murders. And, of course, Henry Lee is a very honest man. He said I can't tell if it was put on after the murder scene was released. But what he did tell you, and what he did -- put the overlay -- that that is a shoe print, that was positive for blood, the whole scene had been washed down, they had missed that, that was positive for blood. So was it a shoe print that just happened to be there as a result of somebody having blood on their feet after the murders, or did it, in fact, occur during the murders? Were there two assailants? And does it make more sense that there were two assailants?

8 MR. BAKER:

Phil, have you got that? (Photo is displayed on Elmo.)

MR. P. BAKER: That one?

9 MR. BAKER:

I want to zero in on the shoe -- zero in on the shoe prints. (Elmo is adjusted)

10 MR. BAKER:

We know that, although Bodziak wouldn't agree to this one as a shoe print, this is four feet in front of the body of Nicole Brown Simpson, precisely the same shoe prints as he has identified as being Bruno Magli. Now, what is -- these assailants were in such a hurry to get out in a minute and 15 seconds, what is the assailant doing four feet in front of the body of Nicole Brown Simpson, and towards Bundy? And, ladies and gentlemen, there is -- then there is another photo that turns up, and that photo turns up after the criminal trial and it has -- shows seven blood drops out on the walkway in an area where a dog has gone. The prosecution in the criminal case did not -- can you zero in on these (indicating to Elmo). Over here. There's blood -- oops, up a little bit, please. These blood drops -- the prosecution cropped the photo. That photo was never in existence during the criminal trial. It was. But it wasn't in the hands of the defense. And there's seven blood drops, vertical blood drops, going the same direction that the dog went, same exact direction that the dog went, south on Bundy. No efforts to ever take any of -- any smears from any of those blood drops, no efforts to determine what is the significance of this by the LAPD. But this indicates to you, ladies and gentlemen, that the assailant was dropping blood out on the sidewalk. This crime -- these heinous crimes took time. They weren't accomplished in a minute and 15 seconds. They were accomplished in 10 to 15 minutes. And why can't the plaintiffs agree with that? Because if the plaintiffs agreed with what is reasonable, they have eliminated OJ Simpson as the perpetrator, and God knows, they don't want to do it, the LAPD never wanted to do it. They had their man. They had the big fish from basically the initial reporting of these crimes. They had the big fish, and the big fish was OJ Simpson. Keep in mind, ladies and gentlemen, the LAPD and the District Attorney's office, this is the same duo, this is the same duo that couldn't win the McMartin case after a year and a half. This is the same duo that couldn't win the first Menendez case, even though they had a confession. And this case they were going to win. They were going to get OJ Simpson and they were going to get a conviction. And let's examine what happened at 12:10 on the night of -- or early morning hours of June 13, 1994. At that time, Riske discovers the -- and Rossi are there at the scene. Riske goes in, as was indicated to you by Bob Blasier, picks up a phone and destroys any last number dialed. And then what happened? This becomes a cause celebre. Everyone in West L.

11 A:

division has to come by 875 South Bundy. Everybody in the LAPD has got to be a part of this double homicide involving -- involving the ex-wife of OJ Simpson. There's one man that wants to be, more than anybody, the linchpin of that case, and that's somebody who you've, I'm sure, now felt there has been an effort to keep out of this trial. Mark Fuhrman.

12 MR. PETROCELLI:

Objection.

13 THE COURT:

Sustained.

14 MR. PETROCELLI:

Violates the Court's order.

15 THE COURT:

Jury to disregard that comment.

16 MR. PETROCELLI:

In bad faith. And he knows better.

17 MR. BAKER:

I know the truth.

18 MR. PETROCELLI:

You know better.

19 MR. BAKER:

12:10, 12:10 in the morning, Fuhrman and Phillips arrive, and they're the lead detectives from West L.

A., and they walk through, they see the glove, they -- does Fuhrman see more than one glove? Is there another glove over back by the body of Ron Goldman that later ends up at 360 North Rockingham? You bet. After they arrive, they are the detectives on the scene from -- approximately from 2:10 to 2:45, and they are then notified at 2:45 that robbery/homicide division is taking over, and robbery/homicide division is Lange and Vannatter and that's the downtown group, and they then stand down. They cannot do any investigation, they cannot do any detective work. They then are relived of all of their duties. This Fuhrman had to get in his car and drive home. And what happens from 2:45 to 4:00? Nobody seems to know the whereabouts of Mark Fuhrman. We know his jacket was off at one point. We know Spangler says it was on at one point and we know that Lange and Vannatter say it was off at one point at Rockingham. We also know that by 4 o'clock in the morning, still absolutely no detective work has been done on this crime scene whatsoever. Nobody has done anything. This is a double homicide. There are 25 LAPD detectives, sergeants and officers at the scene, including all the brass. They're standing outside. Not one sole is doing any detective work. Why not? Why, in a crime scene that's rich in evidence, are they doing nothing? So then -- so what then occurs? Vannatter gets there about 4:10 and he takes a walk-through, and he walks through and he determines that, yes, there is a double homicide, which has been known since 12:10, and what then happened? Lange comes about 4:25 and he makes the same interesting revelation, that this is a double homicide, that there's a hat and glove that they see and that there's two bodies and there's an immense amount of blood. And what do they then do? This is the most incredulous thing I have ever heard. Then they decide, with 25 -- with 25 LAPD officers, administrators, sergeants, detectives, they decide that the four lead people -- the four lead people are going to go to Rockingham, that is the two lead detectives who had the job of doing detective work from 2:10 to 2:45, Detectives Phillips and Fuhrman, they're going to go, and the two now lead detectives from robbery/homicide division, Lange and Vannatter, are going to leave this crime, rich -- this evidence-rich crime scene, 875 South Bundy, and they are going to go to 360 North Rockingham. Isn't that incredible? And think of the reasons they gave for their having to leave this crime scene and go to Rockingham. One was personal notification. And you heard Phillips testify. Well, we like to personally notify people of the death of a loved one. And that sounds very good and it makes a lot of sense, it's very considerate and it's very compassionate. So they -- do you think any of the 21 people at LAPD who were at 875 South Bundy could have gone to 360 North Rockingham, so that they could have investigated that crime scene? You think one person could have? And if they're so damn interested in personal notification, why is it they didn't notify Fred Goldman until 5 o'clock in the afternoon on the 13th? And then the LAPD didn't even do it. It was -- it was the county coroner's office. Does that tell you how interested they are in personal notification? And then the second reason. Second reason is we wanted Fuhrman and Phillips because we may need help with the kids, OJ may need help with the kids. That's what they testified to. I agree with you. That makes no sense at all. And of course once they get over there, did they give OJ any help with the kids? Did they give Arnelle, who was there, any help with the kids? Absolutely not. She had to call

A.C. Cowlings, and he helped her. LAPD did nothing. And I think you can interpret and I think that you're bright people and I think you understand that was absolute pretextual nonsense as to why they went to Rockingham. They went to Rockingham for one reason, and one reason alone, and that was the big fish was OJ Simpson. He was a suspect. He was always a suspect. And he was the only suspect. And anybody who doesn't believe that believes in the Easter bunny and the tooth fairy. Because they went over there with one idea in mind, and that is to get evidence and to get OJ Simpson. So let's follow it through. They get over there -- two cars, they get over there about 5 minutes after 5 in the morning. And what do they do? The rogue Fuhrman's wandering off on his own, and he finds that little-bitty speck above the left door handle and says, why, that must be human blood. He didn't know if it was human blood. They didn't know what it was. And they say that the Bronco is parked at such an angle that it's just unusual, it's weird. Well, I've seen it in the pictures. It's parked about 4 to 5 inches at an angle, which doesn't look weird to me at all. But interestingly enough, interestingly enough, Astin testified that it was 2 to 3 feet out in the street. 2 to 3 feet out in the street. Which might make some degree of sense when OJ pulled it out after dropping off his golf clubs, he went around and got in his car before the gate was closed. Did somebody move this? Did somebody move this vehicle? Certainly that does not appear anything close to 2 to 3 feet. But at any rate, there is absolutely no reason to go over the wall. Happened as a conversation with six police officers. Fuhrman, Phillips, Lange, Vannatter, Gonzalez, Lange and Astin. They're all there. Gonzalez and Astin, as you recall, are in the black-and-white. Everybody agrees that, gosh golly, gee whiz, there could be something heinous going on inside. It could be an extreme situation in 360 North Rockingham. And so they decide that they are justified in going over the wall onto Mr. Simpson's property. One officer won't go along with it. Astin. He wouldn't say it didn't occur. He wouldn't say -- he's standing right there. He says, I didn't hear no evil, I didn't hear the conversation. And who goes over the wall? Fuhrman. Again, the same gentleman, who is the only one to find justification for going over the wall. Fuhrman. Fuhrman goes over the wall after they've made telephone calls, nobody's answered the phone, they've heard the phone ring from outside the gate. They know nobody's going to answer the phone. They go in, they ring on the door bell, and lo and behold, nobody comes to the door. What a shock. Nobody answered the phone. Nobody's going to come to the door. They wander around the back of -- they come in after Fuhrman climbs the wall, they come in, go to the entrance. As I say, nobody answers the door, which is not exactly a news flash. And then they go down around the north path and around -- Phillips goes back, checking this door, the back door on the east side, and they go and knock on Kato Kaelin's door. Now, think about it. Two minutes before they went over the wall, they were concerned -- at least they want you to believe they were concerned about criminal activity, that this crime scene was linked with the 875 South Bundy crime scene and that they were worried about Mr. Simpson, he could be dying inside, bleeding to death. Not one of them pulls their side arm. Not one of them. And they go around and they get to Kato's room and they knock on the door. Kato comes to the door. First thing Kato says, and Vannatter's standing right there, "Did OJ's plane go down?" And of course the significance of that will become apparent momentarily. The other three go down to Arnelle's room, get Arnelle, and they leave Fuhrman with Kato Kaelin, and he goes inside and he looks at Kato's clothes, into the bathroom, and he goes and chats with him about -- does a drug test on Kato, Kato Kaelin, wants to know what he's been doing, because, even though Vannatter has testified here in this courtroom that OJ Simpson wasn't a suspect when they went over the wall, OJ Simpson was no more a suspect than Bob Shapiro, one of his lawyers, Kato Kaelin was a suspect, they didn't even know who he was. I mean it's absolute nonsense. So they go down, they get Arnelle, Arnelle gets clothed, and they tell you that they all go in this door. Every officer tells you they go in that door. And why? There isn't even a key lock on it. When in truth and in fact, they couldn't have gone in that door. It was locked. Kato Kaelin had set the alarm from the night before. And they go out the north pathway and they come around and they go in the front entrance. The reason they told you, they want -- and lied to you on the witness stand, and Phillips did it, Vannatter did it, and Lange did it, and the reason they did it is because, you'll recall, they want you to believe that OJ Simpson never asked about what happened and they want you to believe that they have already called OJ Simpson inside the house before Arnelle had ever been told what was going on. And it just isn't true. Because Arnelle comes out of the driveway to get her address book to find out exactly where OJ is. She knows her dad's out of town. She doesn't know exactly where he is. She knows Kathy Randa will, in fact, know exactly where he is. And so she says, I'm scared, you've got to tell me what's going on. And they do. They say, did you know Nicole? Of course she knew Nicole. She's been murdered along with another victim. And she breaks down. That's viewed by Officer Daniel Gonzalez and it's heard by him and he puts it in a report. And then they go back in and they call Kathy Randa. They find out the exact whereabouts of OJ Simpson and they call him and, he, ladies and gentlemen, is given the phone from Arnelle and asked, what is going on, what is happening. And she tells him. And they didn't want you to know that. Do you remember Phillips right here on the witness stand, he testifies to you, he testifies, he never asked, he never asked what was wrong. And what is that meant to convey to you? Consciousness of guilt. That he already knows what went on. In fact, he didn't know what went on, and he asked. And it's even in Phillips's report. And Dan Leonard said, did you try to mislead the jury by leaving this out? You put it in your report. Did you try to just mislead the ladies and gentlemen of the jury? Of course he did. So then what occurs? I mean, think about it, ladies and gentlemen: This is where they have just told you they want you to believe that they, truthfully, in their heart of hearts, believe that there was something going on in this house, and they let Arnelle walk in the door first; they let Arnelle lead them into the maid's room. Not one of them has their sidearm drawn. I mean, it is absolute, unadulterated nonsense. They say they never went upstairs. No, we didn't go upstairs. They're all by themselves, with the exception of Arnelle and Kato, who are being taken care of, in a couple rooms. They've never been upstairs to view -- to see whether anybody was up there injured. Of course they didn't, because they didn't believe anybody was up there. And then, Fuhrman, who had been interrogating Kato Kaelin, all of a sudden says, I'm not going to interrogate him anymore; you do it, Vanatter. I'm going to go look around. Now, here we have, according to their version of events -- that is, the LAPD's version of events -- we have this -- again, a possible linkage to a crime scene, could be murderers, criminals on the premises -- what does Fuhrman do? He doesn't ask for backup. He doesn't ask for anybody to go with him. He doesn't ask for somebody to be right at his side, and his partner to be there in case they meet up against somebody with a -- armed or somebody with a knife. No. He wanders off all by himself. And what does he find? He finds a glove back by the air conditioner. Phil, you want to put up the picture of Fuhrman pointing to the glove? (Mr. P. Baker displays photograph on the Elmo screen.) That discovery can only be viewed in context of this picture. With the hat underneath Mark Fuhrman pointing at the glove -- it's at night; it's before they ever went back -- ever went to Rockingham. You heard Rokahr, the photographer, 40 years, that was taken at night. Why -- why would there be one picture out of all the pictures taken at 875 South Bundy, Mark Fuhrman within a couple inches of the glove, and he just happens to find another glove that matches it at Rockingham, linking the two crime scenes. I believe in serendipity, ladies and gentlemen, this is not serendipity. Mark Fuhrman is the only person that is -- that is shown in any photograph, whatsoever, pointing to any piece of evidence. And it's a piece of evidence that he's pointing to before there is any linkage to Rockingham whatsoever. Now, the plaintiffs brought in somebody who said this: Well, gosh, golly. Rokahr and I were sitting in a car. She never even saw Fuhrman. And Rokahr is a photographer of 40 years. If he had seen this exact scene at night, he would have been in this court telling you he had made a mistake. They twisted everybody else, why not Rokahr? He would have been in this courtroom. But, in fact, he took that picture at night. And it is so telling, it's unbelievable. So what happens? To get back to 306 North Rockingham, Fuhrman sees this -- and I suggest to you it's a glove that he sees because he has planted it there earlier, or at the same time that he accidentally discovered it, one or the other. That glove is wet, it's moist, it's tacky. It has absolutely no insect activity on it, and it has not one -- not one blood spot around it anywhere. If, in fact, that had been dropped by OJ Simpson at 10:50 the night before, it would have been dry, not wet, not tacky, and have insect activity all over it. It had none of the above. And isn't it strange, ladies and gentlemen, that there is not a blood drop around it? Here you have this bloody glove that's -- that's got blood all over it, not a piece -- piece, a drop, a scintilla, a minute speck of blood on a leaf, on the concrete, on nothing. And, interestingly -- interestingly, with their theory -- theory of him coming over the Cyclone Fence and running into the wall and hitting the wall three times at 10:51, instead of at 10:40, as Kato earlier testified to. There is not any residue, any hole in the shrubbery about him coming through. In fact, Vannatter said, I looked and I didn't see any. And Phillips said I didn't look. Can you imagine this? They have all seen a glove at Bundy; every one of them took the walk-through and saw the glove -- that's what they testified to -- now they see a glove at Rockingham, sitting out in the middle of a small concrete walkway on the side of somebody's house, and they don't look to see if there is any residue from somebody coming over that way. Ladies and gentlemen, that's absolutely not credible. Phillips said, I didn't look. And then he said -- he said, I didn't have any glasses on. A detective without his glasses on. That's a pretty interesting concept. I mean, he's there to do detective work. And Lange said, I didn't get closer than six or eight feet; I didn't look. And we didn't have the benefit of Fuhrman's testimony here. One thing we do know: There is not one iota of evidence that anybody came over that wall. There's absolutely nothing to indicate, actually, at the Cyclone Fence. There's nothing that indicates that the hedge, which is incredibly grown, was broken in any regard whatsoever. It just isn't there, so it couldn't have occurred. How does this glove get back here if it isn't planted? That's planted evidence; there's no question about it. That's planted evidence, for one reason, to link 875 south Bundy and 360 North Rockingham. And it's done by Fuhrman. And there's no question about it. You think of the blood drops on the driveway that go towards Mr. Simpson's front entranceway. How do you do this, ladies and gentlemen? Under their theory of the case, how does it work? We know that we -- we cut ourselves, we bleed more at the beginning. So we have five drops at Bundy, we have eleven drops at Rockingham, not one of them down this 180 feet or 30 feet or whatever. There is not a single blood drop. And then of course, the blood drops stop in the foyer; they don't go up the stairs, they don't go into the bedroom, they don't go into the bathroom. There is no such thing. Does he bleed and not bleed at will? It doesn't fit, ladies and gentlemen. The evidence doesn't mesh at all. It doesn't mesh any more than the fact that in the closed-in area at Bundy, you have no blood of OJ Simpson. You have no prints of OJ Simpson. What you have is, you have blood transfers from Nicole Brown Simpson to Ron Goldman. There's her blood on his clothing and his blood on her clothing, so they were together. But there is no blood of Mr. Simpson's in that area. There is no blood of Mr. Simpson's that goes up into his bathroom. There is no blood that goes up the stairs. I guess if you were to use their theory, he can turn on and off the ability to bleed or not to bleed. But one thing we do know for sure: That, after the glove was discovered, Fuhrman, who already knows it's a match -- he's planted the glove; he's put it there -- he gets in his vehicle and he goes back to 875 South Bundy to determine whether or not it's a match, and comes rights back and says it's a match. And guess what? And he stays at Rockingham all day. The one guy that discovered virtually all the evidence that's incriminating is Mark Fuhrman. Where is he?

20 MR. PETROCELLI:

Same objection: Improper argument, violates the Court's order.

21 THE COURT:

Sustained.

22 MR. BAKER:

We further know, ladies and gentlemen -- we further are well aware that when they left Bundy at 5 o'clock to come over for this pretextual [sic] notion -- this pretextual helping Mr. Simpson with his kids, that they never called the coroner, they never called the criminalist; they didn't do one thing to allow the 875 South Bundy crime scene to be processed at all. Do you think that's just happenstance? Do you think that after five hours -- and Vannatter gets on the stand and says, we were only going to be there five minutes -- they're only going to be there five minutes, why don't they call the criminalist? Why don't they call a coroner? No. No. Vannatter called the criminalist to Rockingham. And he then, ladies and gentlemen, after Fuhrman comes back to Rockingham, he allows the criminalist and the coroner to be called. And then Vannatter, the lead detective, the most senior, detective 3 for this investigation, what does he do? He leaves the scene and he has -- fills out an affidavit, under penalty of perjury, to obtain a search warrant for Simpson's estate, and he lies to the judge. Do you want to put that up, Phil? (Mr. P. Baker displays document on the Elmo screen.)

23 MR. BAKER:

It says there appears to be what is human blood -- later confirmed by Scientific Investigation personnel -- to be human blood on the door handle of the vehicle. That never happened. To this day, that has never happened. SID has never determined that what appeared to be human blood on the door handle was, in fact, human blood. And then he says, it was determined that Simpson left on an unexpected flight to Chicago during the early morning hours of June 13, and he says by interviewing Simpson's daughter and a friend, Brian Kaelin. Now, ladies and gentlemen, that is an absolute fabrication, and Vannatter knew it when he said it. He lied under penalty of perjury. And you can disbelieve everything Vannatter said pursuant to the instructions of this Court because -- think about it for a second. If, in fact, he knows anything about OJ Simpson's flight -- which he had to, because Kato Kaelin says instantly, did OJ's plane go down -- he knows that it's scheduled, and he knows that he was on an American Airline flight, and he knows that OJ went to Chicago on a Hertz outing, or he doesn't know he got on an airplane at all. Where did he ever come up with an unexpected flight to Chicago? The fact is, it wasn't unexpected; it was expected for weeks. And Vannatter knew it. And Vannatter would do whatever it takes to make OJ Simpson the target, the suspect, the only suspect. And think about it, ladies and gentlemen. If you go through the investigative process in this case, there was never any effort, not an iota of effort to find anybody other than OJ Simpson as a suspect. Consider just Tallarino, the roller-blader who roller-blades by at 9 o'clock and sees a man in a suspicious pose right there where the seven drops of blood were, right there at 875 at 9 o'clock. Lange goes out, interviews Tallarino, and does absolutely nothing with it. Doesn't follow up, doesn't do anything. Any lead that didn't lead to OJ Simpson was discarded. Think about the phone call to Sergeant Merrin between 10:00 and 10:30. The woman says, are you sitting on two bodies in West L.

A.? Incredible stuff, isn't it? That's before the murders had taken place. Somebody knew those murders were going to take place. Some female knew those murders were going to take place before they ever happened, and LAPD does nothing. Because it doesn't fit. It can't be a rage killing. It can't be a rage killing. Somebody knows it's going to take place before they ever happen.

KEY QUOTE
24 MR. BAKER:

Is this a good point, Your Honor?

25

THE COURT: Okay. Ten-minute recess, ladies and gentlemen. Don't talk about the case. Don't form or express any opinions. (Recess.) (Jurors resume their respective seats.) CLOSING ARGUMENT (continued)

26 MR. BAKER:

Ladies and gentlemen, we left off and before the break, and I wanted to take you back up to where we are at Rockingham. (Diagram of 360 North Rockingham Avenue displayed.)

27 MR. BAKER:

Vannatter leaves Rockingham. He goes over to Bundy and gets the search warrant, based upon the lies that I just showed you that he put in the search warrant. Fuhrman remains at Rockingham. And during this period of time, as we know, LAPD Detective Ron Phillips called OJ Simpson in Chicago, and told him that his ex-wife has been murdered and they want him back in L.

Temperature

heated

Key Quotes (5)

Baker
He was a suspect. He was always a suspect. And he was the only suspect. And anybody who doesn't believe that believes in the Easter bunny and the tooth fairy.
Core thesis of the defense: LAPD had tunnel vision from the start and never seriously investigated anyone other than Simpson.
Baker
That's planted evidence; there's no question about it. That's planted evidence, for one reason, to link 875 south Bundy and 360 North Rockingham. And it's done by Fuhrman.
Direct, unambiguous accusation of evidence planting — the centerpiece of the defense theory.
Baker
How could you keep them quiet? How could you keep -- how can you keep Ron Goldman off of a single assailant? If it's OJ Simpson or the biggest football player who played in the Super Bowl yesterday?
Rhetorical argument that a single killer could not have silenced both victims without any noise being heard or leaving marks on himself.
Baker
It says there appears to be what is human blood -- later confirmed by Scientific Investigation personnel -- to be human blood on the door handle of the vehicle. That never happened. To this day, that has never happened.
Baker reads Vannatter's search warrant affidavit aloud and calls it a deliberate lie under penalty of perjury.
Baker
Somebody knew those murders were going to take place. Some female knew those murders were going to take place before they ever happened, and LAPD does nothing. Because it doesn't fit.
Baker references a mysterious pre-murder phone call to Sergeant Merrin as evidence of a premeditated conspiracy LAPD chose to ignore.

Evidence (10)

Informal
Board: 'Blood Stains From Closed-In Area at Bundy' — photograph of gate post with vertical/parallel blood smear pattern and knit cap
displayed on Elmo, discussed
Informal
Board: 'Blood Drops at Bundy June 13, 1994' — shoe print and blood drop locations on walkway
displayed, discussed
Informal
Photograph of Mark Fuhrman pointing at glove at Bundy — taken at night, before any linkage to Rockingham
displayed on Elmo, central to glove-planting argument
Informal
Vannatter's search warrant affidavit — stating blood on door handle 'confirmed' as human blood and Simpson took 'unexpected' flight to Chicago
displayed on Elmo, read aloud, characterized as perjury
Informal
Photo showing seven blood drops on Bundy walkway — allegedly cropped out by prosecution in the criminal trial
discussed, displayed on Elmo
Informal
Diagram of 360 North Rockingham Avenue
displayed to orient jury for Rockingham sequence
+ 4 more

Notable Exchanges (2)

BakerPetrocelliFujisaki
Baker states Fuhrman was 'somebody who you've, I'm sure, now felt there has been an effort to keep out of this trial' — Petrocelli objects that it violates court order and is made 'in bad faith.' Baker responds 'I know the truth.' Petrocelli: 'You know better.' Both sustained.
heated
BakerFujisaki
Baker asks the court if it's a good stopping point before the ten-minute recess — brief procedural exchange mid-argument.
procedural

Credibility Attacks (5)

⚔ Werner Spitz
internal inconsistency between direct and cross-examination
Baker argues Spitz confidently testified on direct about exactly how the murders occurred in 75 seconds, but retreated to 'I'm a pathologist, not a criminalist' when pressed on details during cross — his timeline exists only because plaintiffs need the murders to be instantaneous.
⚔ Vannatter
perjury / prior false statement under oath
Baker reads aloud Vannatter's search warrant affidavit and argues it contains two fabrications: (1) blood on Bronco door was 'confirmed as human' when SID never made that determination, and (2) Simpson took an 'unexpected' flight to Chicago when it was scheduled weeks in advance.
⚔ Phillips
omission / misleading testimony
Baker argues Phillips testified Simpson never asked what happened (implying consciousness of guilt), but Phillips's own report documents that Simpson did ask — intentional misleading of the jury.
⚔ Fuhrman
conduct / planted evidence
Baker argues Fuhrman planted the Rockingham glove, pointing to: the glove being wet and tacky with no insect activity (inconsistent with having been dropped the night before), no blood drops around it, Fuhrman's unique photograph pointing at the Bundy glove at night, and the 40+ unaccounted minutes of Fuhrman's whereabouts after being relieved at 2:45 AM.
⚔ LAPD collectively
tunnel vision / failure to investigate alternatives
Baker catalogs leads LAPD ignored: a roller-blader who saw a suspicious man at Bundy at 9 PM, a pre-murder phone call to Sergeant Merrin from a woman who seemed to know the murders would happen, and all 25 officers standing idle at Bundy while the four lead detectives went to Rockingham.

Objections

2 objections (2 sustained, 0 overruled)
Proceeding 8863 • 27 utterances
Civil Trial
Department 103
⚖️ Start
📂 JAN 27, 1997 📄 Closing argument — Mr. Baker
JAN 27, 1997 KRT DvH TD