Jim Merrill, M-e-r-r-i-l-l.

How old are you, Mr. Merrill?

28.

Are you presently employed?

Yes.

What do you do for a living?

A mortgage broker.

How long have you been at your present employment?

Since January of this year.

Prior to that, where were you employed, sir?

Hertz Corporation.

What was your position at Hertz Corporation?

I was a commercial sales representative.

How long did you work for Hertz Corporation?

Just over two years.

Were you a commercial sales representative during your entire tenure at Hertz?

Yes.

And in very general terms what did your job involve as a commercial sales representative?

Basically, keeping accounts, established accounts, that we had, happy, and actively pursuing accounts.

Now, drawing your attention to June 13, 1994, did you have occasion to meet O.J. Simpson that day?

Yes.

And where did you meet him?

At O'Hare Airport.

And without discussing anything anyone told you, how was that meeting arranged, why was it that you were there?

Well, he was in town for a golf outing that we were having that day and I -- I don't know whether I was chosen or whether I chose to go out there to help participate in the planning of this event, went to go pick him up.

Was there anyone else with you to pick Mr. Simpson up?

Bombay Shaw.

Was he also an employee of Hertz?

Yes.

And where did you go to pick up Mr. Simpson?

At the gate where he arrived.

This would be at the airport?

Yes.

That would be O'Hare Airport?

O'Hare.

What did you do after you first saw Mr. Simpson at the gate?

Well, he came walking out of the gate, we shook hands and had a mild discussion about the flight and then walked down the corridor to the baggage claim department.

Can you describe his demeanor as he walked out the passageway from the airplane?

Looked a little bit tired, kind of looked like he was happy to get off the plane.

Okay.

He was just like you and I are just talking right now, we were just talking like two human beings.

You said you had a mild discussion with him. Without discussing the content of the discussion, can you describe his demeanor during the discussion?

Laid back, relaxed, cordial.

Where did this conversation take place, was it at the gate or while you were walking towards the baggage claim area or was it in both places?

Well, we basically just shook hands as soon as he came off the plane and started a discussion at that point as we were walking.

After you met him at the gate, you walked to where, the baggage claim?

Right.

How much time did you spend in the baggage claim area with Mr. Simpson, approximately?

Good estimate, maybe 15 minutes.

Where were you and Mr. Simpson during that 15 minutes?

When we were in the baggage claim area?

Yes.

We proceeded down the corridor, got in the baggage claim area and sat down on a bench, bench seat just in front of the baggage claim area to the right of where the bags were coming.

You were seated next to him. Were you seated on his left or his right, if you recall?

I was seated on his left. He was to my right.

How long did you and Mr. Simpson sit on the bench together before something else occurred?

Just give you my best estimate, was probably 10 minutes, 10 minutes, 10 to 15.

And during that 10-minute period, what, if anything, occurred?

Obviously people were coming up, asking for his autograph, talking to him at the same time I was.

And what was Mr. Simpson's demeanor during that 10-minute period when people were coming up to him and talking to him and asking for his autograph?

Well, he was very friendly, he was very cordial to the people coming up to him. That's the best way to describe it.

And can you approximate how many people came and asked for his autograph during that period?

I can just give you an estimation. Probably ten -- in the area of ten people, minimum, ten to fifteen.

Is that your best recollection right now?

It's been two years. That would be my best.

Do you recall testifying at the trial that it was 15 to 20?

It very well could have been.

Does that refresh your recollection?

Yes, 15 to 20 could be -- There was a lot of people there. Obviously I did not count how many people were around.

And so describe, if you will, what Mr. Simpson did physically when the people came up and asked him for his autograph.

Well, he was shaking people's hands, you know, waving, saying hi, things like that, signed a few autographs. That's about it.

You recall Mr. Simpson signing several autographs, correct?

Yes.

I want you to describe for me in as much detail as you can the actual physical movements that you observed Mr. Simpson do while he was signing the autographs?

Okay. Well, I recall when he was sitting to the right of me, when we first sat down he was sitting with his elbows on his knee like this, (indicating) just in a very relaxed way; and we were discussing, you know, just different things. And at that point people started to come up, he was shaking hands, he was grabbing articles like this, signed a couple things (indicating). Is that an adequate explanation.

I'm just trying to get your best recollection of what you recall him doing and you've indicated that he was shaking hands with his right hand, then he was grabbing objects with his left hand to sign; is that what you're saying?

To the best of my recollection.

You said something about an article or articles. What do you mean by that in reference to signing autographs?

I don't recall whether they were magazines, whether they were pieces of paper. I don't recall.

But you recall seeing him sign several articles, correct?

Okay. I've got to give you an estimate, maybe three, maybe three to five.

Okay.

That's my best guesstimate.

And you've already described for us the actual hand motion that Mr. Simpson made when he signed those articles; is that correct?

That's correct.

What, if anything, occurred when Mr. Simpson was not signing autographs while you were sitting on the bench?

We were having conversations.

And again, without describing the substance of the conversation, what was Mr. Simpson's demeanor during those conversations you would have with him?

Again, cordial.

And at the end of that 10-minute period, what happened next?

Well, the bags began to come out on the carousel, and Mr. Simpson stood up and walked over to the carousel and I stayed by his other bags.

Over to 15, line 9. (Reading of selected portions of the deposition transcript.)

10-minute period. You just said Mr. Simpson went toward the carousel; is that right?

Right.

And what did you do?

I stayed at the bench.

Why did you stay at the bench?

He just said that he was going to go grab his bag.

Were there any other bags in the area that you saw?

As far as his bags?

Yes.

Two bags.

Did you see at any point Mr. Simpson carrying any other bags?

Two bags.

Okay. Down to page 16, line 22. (Reading of selected portions of the deposition transcript.)

When you saw Mr. Simpson coming out of the passageway from the plane, was he carrying anything?

Yes.

What was he carrying?

Two bags.

Can you describe those bags?

I remember distinctly a black duffel bag, looked like it was leather, and I remember a garment bag, dark color.

Where were those bags, if you know, when Mr. Simpson went over to the baggage carousel?

There were actually two. I can't describe specifically, but they were on the ground and they were next to me.

What happened after Mr. Simpson went over to the baggage carousel?

He grabbed his golf bag. I witnessed him do that. I subsequently grabbed his other bags in my hand and we proceeded out the door.

Where did you go?

We walked over to the car where Mr. Shaw was waiting.

What happened when you got to the car, what happened next?

Well, opened the doors and proceeded to put the luggage in the car. We put the golf clubs in the trunk and the other bags in the back seat. I believe Mr. Simpson was hanging on to one bag, and I don't recall which one it was.

Mr. Simpson was carrying the golf bag, correct?

Right.

And how many bags did you carry out -- carry out to the car?

Two.

And you placed those in the car?

We got to the car, we were figuring out where we were going to place all of the luggage because the car was very full of promotional materials, golf clubs, whatnot. So I placed them on the ground. At that point, we were trying to decide where we were going to put the golf clubs and I believe Mr. Simpson placed the golf clubs in the back of the car, of the Towncar.

You mean the trunk?

In the trunk, right. Because that's where they were. That's where they were when we left. And the other two bags went inside the car in the passenger compartment.

When you say the passenger compartment, you're talking about the rear passenger compartment?

I believe one bag was in the front with him. I don't recall which one.

What happened next?

We said good-bye to Mr. Shaw. He decided to take a bus back to the Hertz location and we proceeded to the hotel.

Did you enter the hotel with Mr. Simpson?

Yes.

Did you at some point go up to the registration desk with Mr. Simpson?

Yes.

Tell me everything you recall occurring at the registration desk?

We walked up, obviously made his appearance, began to get his keys and whatnot to go up to his room. I recall him signing one autograph, specifically. That's about it.

You watched him sign the autograph?

Yes.

Do you recall whether he signed the autograph right on the registration desk, is that where he signed it?

To the best of my recollection, yes, took it down and signed it right there (indicating).

Again, you made a motion with your hands. Is that the motion you recall Mr. Simpson making with his hands when he signed the autograph?

Yes. He reached out, grabbed the paper and signed it.

You were standing there observing him when he did that?

I was right next to him.

Did you carry any bags into the hotel?

I do not remember.

Do you know if Mr. Simpson carried any bags into the hotel?

Two bags were in the hotel, the only thing was left with me was the golf bag.

Where was that left?

In the trunk of the car.

Was why that left in the trunk of the car?

We were going to be getting together later that morning to go to the golf course for a golf outing. So instead of bringing it up to the room, he left it with me.

What time, if you recall, was Mr. Simpson supposed to arrive at the golf outing?

I left it up to him. We had to be there, I believe it was about -- by 11:30 just to make sure everything went well because he was going to have an autographing session there as well. And we teed off, I believe, at 1 o'clock.

Was there any exchange of any kind between yourself and Mr. Simpson just prior to your leaving the hotel?

Exchange as far as.

After you observed Mr. Simpson at the registration desk, and after you observed him sign at least one autograph, what happened next with regard to you and Mr. Simpson?

Well, we said goodbye. Obviously, he was tired. Said go up, take a nap, and let's get in touch a little bit later. I gave him my business card and I wrote my phone numbers, both my home and my cellular number, on the back for him to get in touch with me later if he needed to.

Now, from the point that you first saw Mr. Simpson when he left the airplane at the gate until you left him at the hotel, did you notice anything unusual about his hands?

Just that they were large.

Did you notice any cuts or blood or bandages on his hand?

No, I did not.

Where did you go after you left the hotel?

I went home.

What happened next with regard to Mr. Simpson?

I received a call from him on my cellular phone in my house. I kept a cellular with me in the event he called. And he was asking me in a very frantic way to come back to the airport and pick him up.

You say come back to the airport?

I'm sorry. Back to the hotel.

Do you recall approximately when you received that phone call?

I believe it was around 8:30.

And what did you do?

I immediately got in my car and proceeded to the airport.

How long was that telephone conversation?

Couldn't have been more than 5, 10 seconds.

And describe Mr. Simpson's demeanor during that telephone call?

What did you -- and so you proceeded -- you then got -- what did you -- did you do, get changed?

No, I was fully clothed.

You got in your car and you headed towards the hotel?

Yes.

What happened next?

I received another call from him, I would say approximately five minutes later, and he just proceeded to ask me where I was in regards to the hotel and how soon it would take for me to get there, and that was about it, and he said he would call me back.

Would you describe his demeanor during that telephone call?

Again, he was -- sounded like he was in a hurry, very frantic, desperate, I knew something -- at that point, I knew something had happened. I don't know. I actually thought that somebody had made him mad at the hotel.

After that phone call what happened next?

I received another call from him, and it increasingly got more desperate is the best word I can use, almost like he had nobody else to call. He asked me again where I was, almost asking me for advice on what he should do. And I let him know that I was -- with that traffic the way it was, I was a good 30 minutes from the hotel.

And with regard to the third phone call, do you recall anything else Mr. Simpson said or anything else, any other sounds you heard from him during that phone call?

He just sounded very desperate when I asked him -- Yes.

What was that?

What was the next thing that happened during your ride to the hotel?

Traffic was actually pretty light that day and I was making pretty good time. I made an attempt to contact him, called the hotel to let him know I was making pretty good time and I may be able to take him back to the airport. He wasn't in his room. To the best of my knowledge, I recall the receptionist or whoever worked up in the front telling me that he was out in the parking lot and that they would go get him. I told them --

And then at some point Mr. Simpson came on the phone?

Yes.

And what happened next, after the receptionist said she would go get Mr. Simpson, what happened next?

Somebody went to go get Mr. Simpson because he came on the phone and apparently was going to get a taxi or something, and said that -- I told him that I may be able to take him. He said, well, maybe I'll wait for you.

You ultimately arrived at the hotel?

Yes.

And when you arrived?

I'm sorry?

What happened when you arrived at the hotel?

When I arrived at the hotel, I walked into the lobby, told them -- told them I was Jim Merrill from the Hertz Corporation here to assist Mr. Simpson in getting back to the airport. They said that he had already left.

What did you do at that point?

At that point I hopped in my car in hopes that I can get his remaining luggage to the airport in time for him to get on the flight and have it with him.

Did you then drive directly to the airport?

Yes.

Were you successful in getting the golf bag on the flight?

No.

Just so the record is clear, when you say remaining luggage, what are you referring to?

The golf bag.

And when you arrived at the airport why were you not successful in getting the golf bag on the plane?

He had already -- already left. I had missed him by about five minutes.

So you missed the plane?

I missed the plane.

Directing your attention to the 14th of June, did you receive a phone call from Mr. Simpson?

Yes.

Tell me what Mr. Simpson said in that phone call?

I don't -- I don't recall word for word. He gave me an explanation of what happened the day before. Obviously, by then I knew what had transpired. That was basically the whole conversation.

Was there any discussion about the golf bag?

Yes.

Who initiated that discussion?

I initiated that conversation.

Why did you ask him about the golf bag?

I didn't ask him about the golf bag. Just in the course of the conversation, I mentioned that I tried to get the golf bag to him in time, knowing that he was going back to L.

or -- wherever he was going, and that I put it on the -- a plane that left just after his.

Do you recall any further discussion about the golf bag in that conversation?

Well, he asked whether or not I had made any arrangement to have it delivered to him. And I said no, I didn't, I just got it there. I gave him the baggage ticket number, and he just said, well, I guess I'll have somebody go pick it up. And then that was the whole basis of that conversation.

I don't have any further questions.

Your Honor, with regard to this witness and the next two, Mr. Kilduff and Partridge, that the defense will be reading by way of deposition, we already read our direct in our case and I will defer not to repeat any of that. There may be a line or two in context that gets repeated, though. Okay. Starting at page 32.

MR. P. BAKER: Okay.

Line 1 -- we're going to 33, line 14. Okay.

MR. P. BAKER: Okay. (Selected portions of the deposition of James Merrill were read by counsel, Mr. Petrocelli reading the questions, and Mr. P. Baker reading the answers.)

You were asked a number of questions by Mr. Leonard about Mr. Simpson's demeanor both before he arrived at the hotel and then on the phone afterwards. And I would like to follow up on that a little bit. First of all, you had never met O.J. Simpson before the morning of June 13, correct?

No.

You had never even spoken to him, correct?

Never.

And you had never had any kind of conversations with him about anything, correct?

That's correct.

So you didn't have any idea how Mr. Simpson expressed himself when he was upset or angry, correct?

That's correct.

Or if he was depressed, correct?

Correct.

Or you didn't have any idea how he expressed himself if something was really bothering him, let's say, with his personal life, but he still had to go to work and be on the job and do his job, correct?

Correct.

And you knew nothing about the way his emotions and his inner feelings operated, correct?

That's correct.

And when you made observations about Mr. Simpson being relaxed when you picked him up at the airport, and cordial, you were basing that simply on how you would observe normal people behave, correct?

Yes.

You knew nothing about Mr. Simpson's personality or behavior in particular, correct?

That's correct.

Going down to line 24, page 33.

MR. P. BAKER: Okay.

Well, you know that when you testified that he was relaxed, that that is an answer that the defendant -- defense is seeking to put on in this case, correct? You understood that, right?

More than likely, yes.

You understood that -- that the defendant is trying to show that he was relaxed and therefore did not exhibit the frame of mind or the behavior of a man who had just murdered his ex-wife, correct?

Correct.

And you have been interviewed by members of the defense a number of times, correct?

Yes.

You spoke to Pat McKenna?

Correct.

He interviewed you on June 23, right?

Correct.

And you spoke to F. Lee Bailey at a hotel room at the Four Seasons, correct?

That's correct

And you've had subsequent conversations with Mr. McKenna, right?

Yes.

And you came out to Los Angeles to testify for the defendant, O.J. Simpson, right?

That's correct.

And the defense paid your expenses for that trip, correct?

That's correct.

And you spoke to the lawyers for the defense before you testified at the criminal trial about your testimony, correct?

Carl Douglas.

And Mr. Douglas examined you at the trial, right?

That's correct.

And before he examined you, he went over the questions that he was going to ask you, and your answers, correct?

That's correct.

And one of the areas that he went over was that you would testify that Mr. Simpson was relaxed and cordial when you first encountered him, correct?

That is correct, he did ask that question.

You've spoken to Mr. Leonard before today?

Yes.

On how many occasions?

One occasion.

That was last evening -- when was that?

That was last evening.

On the telephone?

Over the telephone, yes.

And Mr. Leonard went over the questions and answers for today's deposition?

Yes.

And now go to page 37, starting at line 14. (Reading:)

Now, after Mr. Simpson called you and apologized on the morning of June 15 -- that should be June 14 -- did he ever call you again later that week to apologize for anything else?

No.

Did he call to talk to you about what was happening in your life, how things were with you?

No.

Did he call -- excuse me. Did he talk to you about anything that week?

No, just that one call.

Going down to -- continuing. (Reading:) So after --

I'd like to pose an objection. This was all read, this part, in their case. They've already done this.

Well, I'm skipping down to line 19, anyway. Okay?

MR. P. BAKER: Okay.

The last time you ever spoke to O.J. Simpson was on June 14, correct?

That's correct.

Picking up at page 39.

MR. P. BAKER: Okay.

Line 23.

MR. P. BAKER: Okay.

Now, during the entire time that you were with Mr. Simpson, from the moment you encountered him at the gate at the airport in Chicago until the time that you left that hotel, when he got into the elevator, you never inspected his hands, correct?

I wasn't looking specifically at his hands, no, I was not.

And you never examined his hands, correct?

With the exception of shaking his hand, no.

You had no reason to examine his hands, correct?

No. That's correct.

You did not know at that point in time that there had been a murder in Los Angeles, right?

No.

Let alone the murder of Mr. Simpson's ex-wife, correct?

Correct.

So, for example, you didn't notice whether he was wearing a ring or not, correct?

Not to the best of my knowledge, no, I did not.

And you didn't notice if he was wearing a watch, correct?

No.

Correct?

Correct.

And you didn't notice, for example, whether he had hair on his fingers, correct?

No, I did not.

Correct?

Correct.

You didn't really know whether or not he had a cut on his finger, correct?

I did not see a cut.

You did not see any blood, correct?

I did not see -- yes, I did not see blood or --

And you did not see a band-aid, correct?

That's correct.

You're not saying that he could not have had a cut on his finger, correct?

That's correct.

That's not what you're saying, correct?

I misinterpreted the question.

You're not saying that you were so familiar with his hands that -- and had so examined his hands, that you could positively say that he had no cut on his finger, correct?

Because you had no reason to look at his fingers in particular, correct?

That's correct.

And at no time did Mr. Simpson, for example, put out his hands in front of you to observe, correct?

Not that I noticed.

He never said to you, for example, Mr. Merrill, look at my fingers?

No.

Or look at my hands?

No.

I don't have any cuts; he never said that, right?

No.

He never drew your attention to his hands or his fingers, correct?

I don't think he willingly did.

Correct?

Correct.

Down to page 44 at line 4. It's the last entry, I think. (Reading:)

At the criminal trial, Ms. Clark asked you the following question --

Your Honor, I'm going to object, and I'd ask to approach.

Okay. (The following proceedings were held at the bench, with the reporter:)

For the record, the question and the answer is beginning at page 44, line 4, through page 45, line 1, and it is to impeach his prior testimony elicited by Mr. Leonard about no cuts.

Can I just -- well, you go ahead.

Page 44 what?

Right where the blue line is.

Okay. (Pause for the Court to read transcript.)

Number one, he just asked the same line of questions. That's just repetitive. And number two, it's not a prior inconsistent statement. It's not --

You elicited him to basically establish, in part, that he didn't have -- see any cuts; therefore, Mr. Simpson didn't have any cuts. You asked those questions in your direct. That's directly responsive.

It's argumentative. He said he just didn't see any. This is asking for speculation. He just asked that line of questions. Now he's repeating the same lines that Clark did at the criminal trial, so there's really no -- it's repetitive, it's redundant.

He was quibbling on his answer.

No, he wasn't. He went down the line with him. No, seriously, he's just doing the same thing again, but using Clark as the mouthpiece.

Your Honor, I hope you don't interpret my oral argument as having less enthusiasm because I don't yell and point, but -- You're getting a little boisterous.

You are animated.

Sorry about that.

THE COURT: Sustained. It's redundant. (The following proceedings were held in open court in the presence of the jury.)

Yeah, that's it, Your Honor, I don't have any further questions.

Just one second. (Pause.)

Okay. Yeah, I've got some. Page 126, line 3. Got that?

MR. P. BAKER: Yep. (Selected portions of the deposition of James Merrill were read by defense counsel, Mr. Leonard reading the questions, and Mr. P. Baker reading the answers.)

You were asked about interviews you gave to --

These are questions by me on redirect. (Reading:) You were asked about interviews you gave to the defense investigators for Mr. Simpson and lawyers for Mr. Simpson. In fact, the first interview you gave to anyone regarding your interaction with Mr. Simpson was to a Los Angeles police detective and a Chicago police detective; is that correct? What was the first interview you gave to anyone regarding the interaction with Mr. Simpson on June 14, 1994?

To the best of my recollection, it was LaFall, L-a capital F-a-l-l, if that was his name.

Who is he?

He worked for the LAPD.

Do you recall approximately when this interview was given?

I would say I think it was like 3 o'clock.

I'm sorry, the date?

The date, I believe it was either Wednesday or Thursday -- the following Wednesday or Thursday.

Within two or three days of the event?

Yes, yes.

Now, you were asked by Mr. Petrocelli if Mr. Simpson ever displayed his hands to you. Do you recall that?

Yes.

And you were asked if Mr. Simpson ever said, hey, look, I have a cut, or words to that effect. Do you recall being asked that?

Yes.

Did you observe at any point, Mr. Simpson attempting to conceal either his left or his right hand?

No.

With regard to your observation of Mr. Simpson, did you ever see him, for instance, put his hand under his leg? Did you ever see him do that?

No, I did not.

Did you ever see him keeping his left hand in his pocket for an extended period of time?

No.

Did you ever see Mr. Simpson take any what you thought were steps to try to conceal his hand?

No, I did not.

That's all I have.

Your Honor, I would ask to be able to read one question and answer from his prior testimony in view of him going back into the same area.

Go ahead.

Thank you. Page 44.

MR. P. BAKER: Okay.

Referring to -- starting at page 4. (Selected portions of the deposition of James Merrill were read by counsel, Mr. Petrocelli reading the questions, and Mr. P. Baker reading the answers.)

(Reading:) At the criminal trial, Ms. Clark had asked you the following question at page 36,819 at line 7 -- do you remember being examined by Ms. Clark?

Yes, I do.

You were under oath, correct?

I was under oath.

And you were telling the truth there, correct?

Yes, I was.

And she asked you, quote: You can't tell us whether there were any cuts on his finger on June the 12th, just that you didn't see any, correct? And then you answered: That's correct. End of quotes. Was that a true answer that you gave?

Yes, it was.

Thank you.

No further questions. One second, Your Honor. (Pause.)

This is the deposition of David -- excuse me -- Raymond David Kilduff, taken on May 28 of 1996, in Chicago. Questioning by myself and Mr. Petrocelli. Page 6, line 8. (Selected portions of the deposition of Raymond David Kilduff were read by counsel, Mr. Leonard reading the questions, and Mr. P. Baker reading the answers.)

Could you state your name for the record, spelling your last name, please.