ALL RIGHT. GOOD MORNING, COUNSEL.

GOOD MORNING, YOUR HONOR.

BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MS. CLARK AND MR. DARDEN. THE JURY IS NOT PRESENT.

COUNSEL, ANYTHING WE NEED TO ADDRESS BEFORE WE RESUME WITH THE JURY? MR. COCHRAN: YES. I THINK WE HAVE A COUPLE OF THINGS, YOUR HONOR.

MR. COCHRAN.

HOW COME THEY DON'T TELL US?

JUST ONE SECOND, YOUR HONOR.

I SEE MR. JONES IS HERE.

MR. BAILEY WILL LEAD WHILE WE GET MR. SCHECK HERE.

GOOD MORNING, MR. BAILEY.

YES, JUDGE. SUBSEQUENT TO OUR CONFERENCE ON FRIDAY, A NEW AFFIDAVIT HAS BEEN EXECUTED AND I BELIEVE SERVED ON COUNSEL AND THE COURT.

ALL RIGHT. I HAVE RECEIVED THAT.

ADDING AN ESSENTIAL FACT. IN ADDITION TO THAT, BECAUSE THERE HAS BEEN SO MUCH CONTROVERSY, I ASKED MR. JONES TO COME IN THIS MORNING AND ADDRESS THE COURT. I KNOW IT HAS BEEN ALLEGED THAT HE WAS QUOTED AS SAYING THERE WAS NO PROBLEM, AND I THINK WE COULD GET THAT CLEARED UP ON THE RECORD.

ALL RIGHT. MR. JONES. GOOD MORNING, SIR.

GOOD MORNING, YOUR HONOR. YOUR HONOR, I AM REPRESENTING MRS. LOPEZ. EARLY ON I SUBMITTED A LETTER TO ALL PARTIES EXPRESSING MY CONCERN AND APPREHENSION THAT SHE MIGHT NOT REMAIN AVAILABLE BECAUSE OF HER CONCERN ABOUT LOSING HER PRIVACY AT HOME AND LOSING HER EMPLOYMENT BECAUSE OF THE PUBLICITY. ABOUT A WEEK AGO I RECEIVED A THIRDHAND MESSAGE THAT SHE HAD LEFT LOS ANGELES FOR EL SALVADOR AND I RELAYED THAT TO ALL PARTIES. AS IT TURNS OUT, SHE WAS -- SHE HAD NOT LEFT, SHE WAS ONLY SEEKING SOME PRIVACY AND COMFORT FROM THE PUBLICITY, BUT THAT ENDED WHEN CHANNEL 34 FOUND HER LOCATION AND BROADCAST IT EVERYWHERE. I MET WITH HER LAST FRIDAY. I WAS PRESENT WHEN SHE REVIEWED THE AFFIDAVIT AND SIGNED IT THAT MR. BAILEY REFERRED TO. I KNOW THAT AT THAT TIME SHE RELUCTANTLY AGREED TO REMAIN FOR ANOTHER WEEK. I KNOW ON SATURDAY SHE CALLED ME. SHE WAS VERY UPSET, THREATENING TO LEAVE LOS ANGELES. LAST NIGHT SHE CALLED ME AT HOME AND SAID CHANNEL 7 IS OUT IN FRONT OF THE HOUSE, I'M THINKING OF LEAVING BEFORE THE END OF THE WEEK, AND I OFFER THAT TO THE COURT FOR WHATEVER IT IS WORTH. I KNOW THAT THE DEFENSE HAS ASKED TO EITHER TAKE HER OUT OF ORDER OR TO DO A CONDITIONAL EXAM. SHE IS AVAILABLE FOR EITHER ONE OF THOSE. WE ARE GOING ALMOST WEEK TO WEEK ON HER SITUATION.

ALL RIGHT. TO YOUR KNOWLEDGE, MR. JONES, HAS SHE ACTUALLY PURCHASED ANY AIRLINE TICKETS YET?

NOT TO MY KNOWLEDGE, NO.

ALL RIGHT. BECAUSE MOST PEOPLE I THINK THERE IS SOME ADVANTAGE TO MAKING RESERVATIONS A WEEK OR TWO WEEKS IN ADVANCE, AND MY RECOLLECTION IS CONTINENTAL ONLY FLIES THERE EVERY OTHER DAY OR SOMETHING TO THAT EFFECT.

I UNDERSTAND. AND I WOULD AGREE IN THE NORMAL SITUATION WHERE THERE ARE CREDIT CARDS AND THINGS OF THAT NATURE, BUT MY IMPRESSION IS THAT THIS LADY, WHO IS WORKING AS A LIVE-IN HOUSEKEEPER, DOES NOT HAVE ACCESS TO THOSE ITEMS AND WOULD PROBABLY MAKE A LAST MINUTE PURCHASE OR JUST SIMPLY DISAPPEAR WITHIN LOS ANGELES. I LOST HER FOR A WEEK. I JUST SIMPLY COULD NOT FIND HER.

ALL RIGHT. TO YOUR KNOWLEDGE HAS SHE BEEN SUBPOENAED BY EITHER SIDE?

ON FRIDAY SHE ACKNOWLEDGED THAT SHE HAD BEEN SUBPOENAED BY THE DEFENSE.

FOR WHAT DATE?

I'M SORRY, I DON'T KNOW.

ANY GUESS?

I BELIEVE THAT IT WAS APPROXIMATELY A MONTH OR TWO OFF.

PROBABLY A DATE IN MARCH.

I THINK IT IS THAT SECOND WEEK IN MARCH THAT WE HAVE AGREED ON.

THANK YOU VERY MUCH, MR. JONES. MR. DARDEN.

YOUR HONOR, I'M IN TRIAL IN DEPARTMENT 108 IF I AM NEEDED.

LET'S SEE IF MR. DARDEN HAS ANY QUESTIONS OR COMMENTS REGARDING YOUR COMMENTS TO THE COURT. MY APOLOGIES TO THE OTHER COURT FOR DELAYING YOU. GOOD MORNING, MR. DARDEN.

GOOD MORNING, YOUR HONOR. YOUR HONOR, MR. -- MR. JONES' COMMENTS THIS MORNING ARE IN STARK CONTRAST I BELIEVE TO WHAT ROSA LOPEZ APPARENTLY TOLD KMEX, CHANNEL 34, JUST THIS PAST FRIDAY AND SHE TOLD A REPORTER FROM THAT TELEVISION STATION THAT SHE DID NOT WANT TO RETURN TO EL SALVADOR, THAT SHE FEARED PERSECUTION IN EL SALVADOR AND THAT SHE HAD LAST TWO SONS IN THE CIVIL WAR THERE AND THAT SHE DIDN'T WANT TO GO TO EL SALVADOR. SHE DIDN'T INDICATE THAT SHE WANTED TO LEAVE THE CITY OF LOS ANGELES. SHE INDICATED ONLY THAT SHE WANTED HER PRIVACY. SHE TOLD KMEX THAT SHE WANTED TO TESTIFY, THAT SHE WOULD TESTIFY IN COURT IF REQUIRED TO DO SO, AND THAT SHE WOULD ACCEPT THE SUBPOENA TO TESTIFY IN COURT. I DON'T KNOW WHERE MR. JONES GETS THIS NEW -- THIS NEW ACCOUNT, THIS NEW VERSION FROM MISS LOPEZ THAT PERHAPS SHE MIGHT LEAVE THE COUNTRY, BECAUSE THAT IS IN STARK CONTRAST TO WHAT SHE TOLD KMEX.

DO YOU HAVE ANY VIDEOTAPE OF THIS INTERVIEW?

YES, YOUR HONOR, I DO. I DO. I HAVE A COPY FOR THE COURT, AND I WILL PRESENT IT TO THE COURT, BUT SOMETHING ELSE THAT WAS INTERESTING IN TERMS OF WHAT SHE APPARENTLY TOLD THIS --

LET ME ASK YOU ONE OTHER THING BEFORE WE PROCEED, JUST AN INFORMATIONAL QUESTION, MR. DARDEN. I TAKE IT THAT INTERVIEW BY KMEX WAS DONE IN SPANISH?

IT IS IN SPANISH AND MISS LOPEZ IS NOT LIVE ON THE TAPE. THE REPORTER APPARENTLY SPENT TWO HOURS WITH HER AND CAME OUT AND SPOKE ON CAMERA, SO THIS IS THE REPORTER'S ACCOUNT OF WHAT SHE HAD JUST BEEN TOLD BY ROSA LOPEZ.

SO WE HAVE A DOUBLE HEARSAY?

WE HAVE A DOUBLE HEARSAY ISSUE HERE. BUT SOMETHING ELSE THAT THE REPORTER INDICATED ON CHANNEL 34 WAS THAT ROSA LOPEZ TOLD HER THAT MR. JONES HAD BEEN ENCOURAGING HER TO RETURN TO EL SALVADOR AND HAD REPEATED TO HER OFTEN AND CONSTANTLY THAT SHE COULD RETURN TO EL SALVADOR AT ANY TIME, AT ANY TIME SHE WANTED, WHICH RAISES SOME QUESTIONS IN THE MINDS OF THE PROSECUTION, YOUR HONOR, AND THAT IS, WHY WOULD THEY COME HERE AND FILE AFFIDAVIT -- THESE AFFIDAVITS REPEATEDLY CLAIMING THAT SHE IS ABOUT TO LEAVE THE COUNTRY WHEN IT APPEARS, AT LEAST THERE IS SOME INDICATION, THAT THEY ARE ENCOURAGING HER TO LEAVE THE COUNTRY? I DON'T THINK THAT THE COURT SHOULD ACCEPT ROSA LOPEZ' AFFIDAVIT OR DECLARATION IN THIS MATTER. I THINK THAT WHAT IS NECESSARY IS THE COURT -- AND IF THE COURT IS INCLINED TO DO SO, I THINK WHAT THE COURT SHOULD DO IS REQUIRE ROSA LOPEZ TO APPEAR HERE UNDER OATH AND LET'S GET TO THE BOTTOM OF THIS.

WELL, IF YOU RECALL THE PROCEDURE, I THINK UNDER 1335 INDICATES THAT DURING THE COURSE OF THE EXAMINATION, IF THE COURT MAKES A FINDING THAT THE THREAT TO THE WITNESS OR THE TRAVEL PLANS ARE NOT IMMINENT, THEN THE COURT CAN CANCEL AT THAT TIME ANY CONDITIONAL EXAMINATION.

BUT MR. DARDEN, I THINK YOU ARE SORT OF IN A -- HAVE TO MAKE A TACTICAL DECISION WHETHER OR NOT YOU WOULD WANT TO HAVE A CONDITIONAL EXAMINATION PROBABLY IN THIS CASE ON VIDEOTAPE, SUBJECT TO, OF COURSE, THE 240 UNAVAILABILITY FINDING AT THE TIME THAT THE DEFENSE WANTS TO PRESENT THAT TESTIMONY, VERSUS THE ABILITY TO CROSS-EXAMINE THAT PERSON LIVE IN FRONT OF THE JURY, ALTHOUGH OUT OF ORDER. SO THAT IS A TACTICAL DECISION THAT I THINK -- HAVE YOU CONTEMPLATED?

YOUR HONOR, WE HAVE NO INTEREST IN ALLOWING THE DEFENSE TO CALL THIS PERSON OUT OF ORDER. WE DON'T THINK THEY HAVE PROVIDED SUFFICIENT GROUNDS FOR THE COURT TO CONCLUDE THAT SHE IS ABOUT TO LEAVE THE COUNTRY AND THAT A CONDITIONAL EXAMINATION OUGHT TO BE ALLOWED. SHE SAYS -- SHE HAS SAID THAT SHE IS WILLING TO TESTIFY AND SHE HAS INDICATED THAT SHE IS NOT PLANNING TO LEAVE THE COUNTRY. SHE SHOULD WAIT AND TESTIFY IN THE DEFENSE CASE IF THAT IS WHAT THEY WANT HER TO DO. WE DON'T CONSIDER HER TO BE CREDIBLE; THEY DO. THEY THINK SHE IS A MATERIAL WITNESS, A CRITICAL WITNESS IN THEIR CASE. WE ARE LOOKING FORWARD TO HEARING HER TESTIFY IN FRONT OF THE JURY.

ALL RIGHT. LET ME ASK YOU THIS THEN, MR. DARDEN: KNOWING WHAT YOU KNOW ABOUT MISS LOPEZ, WHAT WOULD YOUR TIME ESTIMATE BE FOR A CONDITIONAL EXAMINATION? HOUR? TWO HOURS? I ASKED YOU THIS MERELY FOR SCHEDULING PURPOSES.

THREE HOURS.

ALL RIGHT.

I WOULD ALSO LIKE TO INDICATE, IF I MAY, YOUR HONOR, THAT MISS LOPEZ IS CLAIMING THAT SHE HAS BEEN HARASSED. SHE HAS NOT BEEN HARASSED BY THE PROSECUTION. WE HAVE MADE NO ATTEMPT TO CONTACT HER DIRECTLY AT ALL.

ALL RIGHT. THANK YOU, MR. DARDEN. ALL RIGHT. MR. BAILEY, DO YOU WANT TO RESPOND TO ANY OF THE COMMENTS BY MR. DARDEN?

I DO, YOUR HONOR. I THINK YOU OUGHT TO TOTALLY DISREGARD THE SECONDHAND REPORTS BY A NEWS PERSON WHO ALLEGEDLY INTERVIEWED MISS LOPEZ. THAT PERSON COULD HAVE COME IN HERE AND TOLD YOU WHAT WAS SAID IF IN FACT IT WAS SAID OR IT MAY BE JUST A GIANT EMBELLISHMENT IN ORDER TO GET A STORY. BUT ALL THAT ASIDE, I SAT WITH MR. COCHRAN AND HER COUNSEL IN MR. COCHRAN'S OFFICE FRIDAY NIGHT AFTER WE LEFT YOU AND I HEARD WHAT SHE SAID THEN, AND IT IS TRUE, HER SON WAS KILLED IN THE CIVIL WAR BECAUSE HE WAS A PILOT AND SHE TALKED TO ME ABOUT THAT. BUT I THINK HER POSITION IS SHE WOULD LIKE TO GET AWAY FROM THE HARASSMENT AT ANY LEVEL AND IT CONTINUES. CHANNEL 7 WAS OUT THERE, AS MR. JONES HAS TOLD YOU. AND IN THE BALANCING INVOLVED, AS AGAINST THE POSSIBLE CONSUMPTION OF A FEW HOURS TO CREATE A VIDEOTAPE, WHICH MEETS THE CRITERIA TO HAVE EVIDENTIARY STATUS BEFORE THE JURY, IF THE WITNESS DISAPPEARS, AS AGAINST THE CALAMITOUS PROBLEM THAT OCCURS IF EVERYBODY GUESSES WRONG, YOU DENY THE EXAMINATION AND SHE DOES GO AND YOU HAVE NO MEANS TO GET HER BACK AND WE CAN'T FIND HER TO DEPOSE HER DOWN THERE, IT SEEMS TO ME THAT THE -- THE BALANCE IN THE SCALES OF JUSTICE IS VERY HEAVILY WEIGHTED TOWARD ENSURING THE WITNESS. THERE IS SO LITTLE TO LOSE ON THE ONE HAND AND SO MUCH TO LOSE ON THE OTHER. NOW, THE FOCAL POINT OF THIS WITNESS' TESTIMONY, AS I'M SURE YOUR HONOR UNDERSTANDS, IS PRESENTLY OPPOSED BY A DOG. A DOG HAS ANNOUNCED THAT MURDER WAS OCCURRING AT 10:15, IF I UNDERSTAND THE PROSECUTION'S OPENING AND ITS EVIDENCE SO FAR. THIS WITNESS SAYS AT 10:15 THIS MAN'S AUTOMOBILE, WHICH IS CAST AS AN INSTRUMENT OF MURDER IN THIS CASE, AND THEY ARE LOCKED IN, THEY CAN'T SEPARATE O.J. SIMPSON, THAT BRONCO IN THEIR EVIDENCE, IT IS TOO LATE. THAT CAR WAS WHERE IT IS USUALLY PARKED WHEN IT IS AT HOME, AND THAT IS RIGHT OUTSIDE THE ROCKINGHAM ENTRANCE AND SHE SAW IT THERE AS SHE ROUTINELY WALKED A PATH. THAT IS PRETTY SIMPLE EVIDENCE. FURTHERMORE, THE PROSECUTION, WHICH IS QUICK TO SAY NOW THAT THEY DON'T BELIEVE HER, NEVER TALKED TO HER EXCEPT THROUGH THE PERSON OF MARK FUHRMAN WHO TALKED TO HER THAT MORNING AND SHE TOLD HIM SHE HEARD STRANGE THINGS AND HE SAID, "I WILL SEND SOMEONE BACK TO INTERVIEW YOU" AND TO THIS DAY NO ONE HAS EVER COME BACK TO INTERVIEW HER. NOW, THIS WOMAN'S STORY NEEDS TO BE PERPETUATED. I DON'T THINK SHE WANTS TO GO TO EL SALVADOR AND WE ARE NOT ENCOURAGING HER. MR. JONES IS NOT A MEMBER OF THE DEFENSE TEAM, HE IS HER LAWYER, BUT SHE DOES DESPERATELY WANT TO STOP HAVING PEOPLE SHOVE A MICROPHONE IN HER FACE EVERY TIME SHE WALKS OUT THE DOOR. NOW, SHE HAS MOVED SEVERAL TIMES TO TRY TO AVOID THAT AND HAS BEEN UNSUCCESSFUL.

MR. BAILEY, WHAT IS YOUR TIME ESTIMATE FOR THE CONDITIONAL EXAMINATION?

DIRECT EXAMINATION, THIRTY MINUTES TOPS.

ALL RIGHT. THANK YOU, SIR.

I'M SORRY, YOUR HONOR.

THANK YOU, SIR.

OH, OKAY.

YOUR HONOR, IF I MIGHT, I WOULD ENCOURAGE THE COURT TO HAVE THE REPORTERS WHO SPOKE TO ROSA LOPEZ THIS PAST FRIDAY APPEAR HERE IN COURT AND PROVIDE THE COURT WITH THEIR ACCOUNT OF WHAT ROSA LOPEZ TOLD HER.

WELL, MR. DARDEN, LET ME SUGGEST THIS -- AND FORGIVE ME FOR INTERRUPTING YOU. LET ME SUGGEST THIS: THE STATUTE DOES SAY THAT THE COURT CAN EXAMINE WHETHER OR NOT THE CLAIM THAT THEY ARE GOING TO LEAVE IS BONA FIDE MADE AT THE TIME OF THE CONDITIONAL EXAMINATION. I CAN VISIT THIS ISSUE AND IF I FIND THAT IT IS A SUBTERFUGE OR SOMETHING ELSE, THEN I CAN CANCEL THE CONDITIONAL EXAMINATION AND JUST ORDER THE WITNESS TO APPEAR ON A DATE CERTAIN. I CAN DO THAT. WHAT I WOULD SUGGEST WE DO, NOW THAT I HAVE THE TIME ESTIMATE, I'M GOING TO SET THE -- THE CODE SAYS THAT IF AN AFFIDAVIT SUPPORTING THE ALLEGATION THAT A NECESSARY WITNESS OR A MATERIAL WITNESS IS GOING TO LEAVE, THEN I AM REQUIRED TO SET A DATE FOR A CONDITIONAL EXAMINATION, THREE DAYS -- THREE DAYS FROM -- GOOD THING THEY DIDN'T HAVE THREE -- THREE DAYS FROM TODAY WILL BE FRIDAY AS, IS INDICATED BY THE CODE. I'M GOING TO SET THIS FOR 9:00 A.M. FRIDAY MORNING AND WE WILL TAKE IT UP, AND IF YOU THINK YOU HAVE A WITNESS WHO WILL TESTIFY TO THAT ISSUE, HAVE THAT PERSON HERE.

ALL RIGHT. MR. JONES, YOU WILL HAVE YOUR CLIENT HERE 9:00 A.M. FRIDAY, PLEASE.

I WILL, YOUR HONOR. AND ALTHOUGH I DON'T REALLY FEEL A NEED TO ADDRESS MR. DARDEN'S COMMENTS ON MY CREDIBILITY, I WOULD LIKE TO INDICATE TO THE COURT THAT --

WELL, MR. JONES, YOU ARE SPEAKING TO ME, AND I UNDERSTAND THE SITUATION WHICH IS GOING ON HERE. YOU AND I ARE WELL ACQUAINTED WITH EACH OTHER. I AM ALWAYS HAPPY TO SEE YOU COME INTO MY COURT. YOU KNOW THAT.

I APPRECIATE THAT. NOT ONCE HAVE I ENCOURAGED MRS. LOPEZ TO LEAVE. WHAT I HAVE SAID IS WHEN SHE ASKED ME WHY DID THEY ARREST MARY ANNE GERCHAS, I TOLD HER SHE WOULD NOT BE ARRESTED, SHE WAS A CITIZEN, SHE WAS FREE TO COME AND GO. IF SHE STAYED HERE SHE WOULD NOT BE ARRESTED. IF SHE LEFT SHE WOULD NOT BE ARRESTED. THAT WAS THE EXTENT OF MY CONVERSATION WITH HER. IT IS THE HEIGHT OF STUPIDITY FOR ANYBODY TO THINK THAT I WOULD URGE MRS. LOPEZ TO LEAVE THE COUNTRY AND DEPRIVE THE DEFENSE OF THIS WITNESS. I DON'T UNDERSTAND WHY THEY ARE FIGHTING AGAINST TAKING HER OUT OF ORDER AND PREFER TO ROLL THE DICE THAT SHE WILL LEAVE AND DEPRIVE EVERYBODY OF HER TESTIMONY.

THANK YOU, MR. JONES.

THAT IS NOT FOR YOU TO UNDERSTAND, MR. JONES. YOUR HONOR, WHILE MR. JONES IS HERE, WOULD YOU ASK MR. JONES TO REMAIN FOR ONE MOMENT. MR. JONES, WHEN CAN WE INTERVIEW YOUR CLIENT, IF AT ALL?

HE CAN ASK THAT OFF THE RECORD, YOUR HONOR. THAT IS FLOOR SHOWING.

THIS ISN'T A FLOOR SHOW.

MR. COCHRAN.

YES.

MR. JONES, WILL YOUR WITNESS BE AVAILABLE FOR THE PROSECUTION TO BE INTERVIEWED?

YOUR HONOR, UPON THEIR REQUEST AND GIVING ME A TIME AND PLACE, I WILL RELAY THAT TO HER, AND MAKE EVERY EFFORT TO HAVE HER AVAILABLE.

ALL RIGHT.

THIS IS GRANDSTANDING. I DON'T NEED IT AND I REALLY DON'T HAVE TIME FOR IT.

ALL RIGHT. MR. JONES, I WILL COORDINATE ANY MEETINGS THROUGH THE COURT CLERK. THANK YOU VERY MUCH, SIR.

ANY TIME, ANY PLACE, TOMORROW OR THE DAY AFTER, YOUR HONOR, WILL BE FINE WITH US.

ALL RIGHT.