📄 Opening statement — Marcia Clark (morning) — Tuesday, January 24, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\24\OPENING-STATEMENT-MARCIA-CLARK.DOC
TRIAL
▲ Day 5 of 167

Opening statement — Marcia Clark (morning)

Called by: Prosecution • Date: Tuesday, January 24, 1995 • Utterances: 34
Marcia Clark delivers the prosecution's opening statement, introducing her team and establishing the physical setting of the Rockingham and Bundy locations. She walks the jury through a precise timeline of June 12, 1994, centering on a critical 1-hour-10-minute window during which Simpson's whereabouts are entirely unaccounted for. Clark narrates the final hours of Nicole Brown Simpson and Ron Goldman through a series of witnesses — culminating in neighbor Sukru Boztepe following Nicole's bloody-pawed dog to discover her body at the foot of her front steps.
1 THE COURT:

MISS CLARK.

2 MS. CLARK:

THANK YOU, YOUR HONOR.

OPENING STATEMENT

3

BY MS. CLARK:

4 THE JURY:

GOOD MORNING.

5 MS. CLARK:

YOU'VE ALL SEEN ME FOR QUITE A WHILE, BUT YOU HAVEN'T SEEN MR. DARDEN. HE WAS BUSY WITH OTHER MATTERS. AND HE IS AN INTEGRAL PART OF THIS CASE. LET ME INTRODUCE SOME OF THE LAWYERS YOU HAVEN'T MET, BUT YOU WILL BE SEEING THROUGHOUT THE COURSE OF THIS TRIAL. MR. HANK GOLDBERG.

6 MR. GOLDBERG:

GOOD MORNING.

7 MS. CLARK:

MR. WOODY CLARK AND MR. ROCHMOND HARMON. THEY WILL ALL BE PRESENTING THE SCIENTIFIC EVIDENCE IN THIS CASE THAT RELATES TO THE BLOOD ANALYSIS AND DNA TESTING. WHEN YOU HEAR THE AMOUNT OF EVIDENCE THAT WE HAVE, YOU'LL UNDERSTAND WHY I NEED THE HELP. AND I THANK THEM VERY MUCH FOR THEIR ABLE ASSISTANCE THUS FAR. OF COURSE, YOU KNOW MR. HODGMAN. HE'S STILL HERE. YOU'VE NOW HEARD THE WHY. YOU'VE HEARD WHY. WHY WOULD ORENTHAL JAMES SIMPSON, A MAN WHO SEEMINGLY HAD IT ALL, COMMIT SUCH HEINOUS CRIMES, THROW IT ALL AWAY? THE ONE SIMPLE TRUTH ABOUT THE EVIDENCE DESCRIBED TO YOU BY MR. DARDEN IS THAT IT SHOWS THAT MR. SIMPSON IS A MAN, NOT A STEREOTYPE, BUT FLESH AND BLOOD WHO CAN DO BOTH GOOD AND EVIL. BEING WEALTHY, BEING FAMOUS CANNOT CHANGE ONE SIMPLE TRUTH. HE'S A PERSON, AND PEOPLE HAVE GOOD SIDES AND BAD SIDES. WHETHER YOU SEE BOTH SIDES OR NOT, BOTH SIDES ARE ALWAYS THERE. NOW, WE WILL SHOW YOU THE OTHER SIDE OF THE SMILING FACE YOU SAW IN THE HERTZ COMMERCIAL, THE ONE YOU NEVER SAW ON CAMERA, THE ONE NONE OF US EVER WANTED TO SEE. AND THAT WAS THE SIDE THAT WENT FROM ROCKINGHAM AT HIS ESTATE TO NICOLE'S HOME AT 875 SOUTH BUNDY ON THE NIGHT OF JUNE THE 12TH, 1994. NOW, ON THAT NIGHT, MANY EVENTS WERE HAPPENING AT THE SAME TIME. AND IN ORDER TO GIVE YOU A TRUE PICTURE, THE MOST CLEAR AND ACCURATE PICTURE OF WHAT REALLY HAPPENED, HOW THE EVENTS OCCURRED, I'M GOING TO GO BACK AND FORTH BETWEEN THE PARTIES AND BETWEEN THE LOCATIONS. SO WHAT I WANT TO DO FIRST OF ALL IS DESCRIBE THE SETTING FOR YOU. AS OF JUNE THE 12TH, 1994, NICOLE WAS LIVING AT 875 SOUTH BUNDY IN BRENTWOOD. THAT'S A CONDOMINIUM. IT WAS A DUPLEX. AND SO IT'S ONE BUILDING. SHE HAD ONE SIDE, HAD A COMMON WALL AND HER NEIGHBORS HAD ANOTHER SIDE. SHE LIVED THERE WITH HER TWO CHILDREN, JUSTIN AND SIDNEY. THE DEFENDANT WAS LIVING AT 360 ROCKINGHAM AVENUE IN BRENTWOOD. BRIAN KAELIN, KNOWN AS KATO -- YOU'VE -- SOME OF YOU ALREADY ARE FAMILIAR WITH THE NAME -- WAS LIVING IN ONE OF THE GUEST UNITS BEHIND THE DEFENDANT'S HOME ON ROCKINGHAM AVENUE. THE DEFENDANT'S DAUGHTER ARNELLE LIVED NEXT TO KATO IN ANOTHER ONE OF THE GUEST UNITS. I'LL SHOW YOU A DIAGRAM A LITTLE BIT LATER TO GET YOU MORE FAMILIAR WITH THE LOCATION. BUT THE GUEST UNITS ARE BEHIND AND APART FROM THE MAIN HOUSE AND THEY SHARE COMMON WALLS. IT'S KIND OF LIKE ONE LONG BUILDING. SO KATO HAD ONE AND THEN ARNELLE HAD THE NEXT ONE. NOW, THE BACKGROUND ON KATO AND WHAT THE EVIDENCE WILL SHOW YOU IS THE FOLLOWING: KATO MET NICOLE IN 1992 AFTER SHE HAD LEFT THE DEFENDANT AT A PARTY IN ASPEN. THEY REMAINED FRIENDLY AFTER THAT POINT NOT ROMANTICALLY; PLATONIC, JUST FRIENDS. AND HE WENT TO A PARTY THAT SHE GAVE AT GRETNA GREEN IN 1993. HE NOTICED THAT THAT HOUSE HAD A GUEST UNIT BEHIND IT THAT WAS A SEPARATE LIVING QUARTERS, AND HE ASKED NICOLE IF HE COULD RENT THAT LOCATION. SHE SAID YES. SHE RENTED IT TO HIM FOR $450 TO $500 A MONTH AND HE WAS ALLOWED TO REDUCE THAT AMOUNT IF HE DID BABY-SITTING FOR HER. HE WAS VERY GOOD WITH THE CHILDREN. SO THAT WAS AN ARRANGEMENT THAT WORKED WELL FOR EVERYONE. HOWEVER, NICOLE DECIDED TO MOVE OUT OF GRETNA GREEN IN 1994, AND SHE FOUND THE RESIDENCE ON BUNDY THAT I'VE DESCRIBED TO YOU. NOW, THE BUNDY RESIDENCE DID HAVE SEPARATE QUARTERS WITH ITS OWN ENTRANCE AND EXIT, BUT IT WAS ALL UNDER ONE ROOF. IT DIDN'T HAVE A SEPARATE LIVING QUARTERS LIKE THE OTHER HOUSE DID ON GRETNA GREEN. THE DEFENDANT ASKED KATO NOT TO STAY THERE, NOT TO LIVE UNDER THE SAME ROOF AS NICOLE SAYING IT WOULDN'T BE APPROPRIATE, AND HE ASKED KATO TO COME STAY IN ONE OF THE GUEST UNITS AT HIS HOUSE ON ROCKINGHAM. HE TOLD KATO HE COULD STAY THERE FOR FREE. KATO OBVIOUSLY SAW A MUCH BETTER FINANCIAL SITUATION FOR HIMSELF AND AGREED. AND SO IN JANUARY OF 1994, KATO MOVED TO THE GUEST UNIT BEHIND THE DEFENDANT'S HOUSE ON ROCKINGHAM AND NICOLE MOVED TO 875 SOUTH BUNDY. LET ME SHOW YOU A BOARD NOW OF THE ROCKINGHAM LOCATION.

8 THE COURT:

MS. CLARK, WOULD YOU BRIEFLY DESCRIBE THAT FOR COUNSEL.

9 MS. CLARK:

THE DEFENSE HAS SEEN IT.

10 THE COURT:

JUST SO THEY KNOW WHICH ONE.

11 MS. CLARK:

THIS ONE.

12 MR. COCHRAN:

THANK YOU VERY MUCH, YOUR HONOR. THANK YOU, COUNSEL.

13 THE COURT:

SO WE CAN TELL WHICH ONE IT IS.

14 MS. CLARK:

SHALL I MARK IT NOW? 360 NORTH ROCKINGHAM AVENUE. SHALL I JUST DESCRIBE IT?

15 MR. COCHRAN:

CAN WE HAVE THAT MARKED?

16 MS. CLARK:

THIS IS AN OVERALL DIAGRAM OF THE DEFENDANT'S HOME ON ROCKINGHAM AVENUE IN BRENTWOOD. THIS LOCATION HERE, THIS AREA HERE IS THE MAIN HOUSE. THIS -- THESE ROOMS THAT ARE SHOWN DOWN HERE ARE THE GUEST UNITS (INDICATING). NOW, THE GUEST UNITS ARE CLOSED OFF. THEY ARE LOCKED OFF WITH A DOOR SO THAT YOU CAN'T ENTER FROM THE GUEST UNIT INTO THE MAIN HOUSE. YOU SEE THE AREA HERE. IT'S MARKED KAELIN'S ROOM. I DON'T KNOW IF YOU CAN ALL READ IT. THAT'S WHY I'M POINTING IT OUT FOR YOU. THAT IS KATO'S GUEST UNIT (INDICATING). RIGHT NEXT TO HIS UNIT --

17 THE COURT:

EXCUSE ME. MISS CLARK, WOULD YOU ALLOW MR. COCHRAN TO STEP OVER TO YOUR RIGHT SO HE CAN SEE WHERE YOU'RE POINTING?

18 MR. COCHRAN:

THANK YOU KINDLY, YOUR HONOR.

19 THE COURT:

MISS CLARK.

20 MS. CLARK:

THANK YOU, YOUR HONOR. THIS IS AN OFFICE THAT KATO HAD ACCESS TO AND THIS WOULD BE ARNELLE'S ROOM RIGHT NEXT TO KATO'S (INDICATING). NOW, THE ROCKINGHAM ADDRESS ALSO HAD -- IT HAD A GATE THAT OPENED ON TO ASHFORD STREET ON THE NORTH AND A GATE THAT OPENED ON TO ROCKINGHAM ON THE WEST SIDE. I'LL GET INTO MORE DETAIL LATER. NOW, BEFORE I REALLY GET INTO THE EVENTS OF THE NIGHT OF JUNE THE 12TH AND INTO ALL THE DETAILS, THERE ARE A FEW KEY POINTS THAT I WANT TO BRING OUT TO YOU RIGHT NOW. I'LL COME BACK TO THEM AGAIN, BUT I WANT YOU TO BEAR THEM IN MIND. THIS HAS TO DO WITH THE TIMING OF THE EVENTS THAT HAPPENED THAT NIGHT. YOU'RE GOING TO HEAR A LOT OF TALK ABOUT THAT THROUGHOUT THIS TRIAL. I THINK I CAN GUARANTEE THAT. WITH RESPECT TO THE TIMING, THE EVIDENCE WILL SHOW THAT ON THE NIGHT OF JUNE THE 12TH, 1994, THE DEFENDANT HAD AN HOUR AND 10 MINUTES OF TIME IN WHICH HIS WHEREABOUTS ARE UNACCOUNTED FOR. AND WE WILL SHOW THAT IT WAS DURING THAT HOUR AND 10 MINUTES THAT THE MURDERS WERE COMMITTED. AND SO THE EVIDENCE WILL PROVE THAT KATO LAST SAW THE DEFENDANT ON THE NIGHT OF JUNE THE 12TH AT 9:35 AT THE LATEST, HE DID NOT SEE THE DEFENDANT AGAIN UNTIL 10 -- EXCUSE ME -- AFTER 11:00 O'CLOCK. IN BETWEEN THOSE TWO TIMES, AT 10:15, A DOG IS HEARD BARKING THAT THE EVIDENCE WILL SHOW WAS NICOLE'S DOG, WHICH FIXES THE TIME AT WHICH THE MURDER OCCURRED. AT 10:45, KATO HEARD THUMPS ON HIS WALL. AND SHORTLY AFTER 11:00, HE SAW THE DEFENDANT. AN HOUR AND 10 MINUTES DURING WHICH THE MURDER OCCURRED -- MURDERS OCCURRED IN WHICH THE DEFENDANT'S WHEREABOUTS ARE UNACCOUNTED FOR. I'LL COME BACK TO THAT POINT. NOW, ON THE NIGHT OF JUNE THE 12TH, AS MR. DARDEN HAS ALREADY DESCRIBED TO YOU, THAT WAS THE RECITAL FOR SIDNEY. IT WAS A DANCE RECITAL FOR HER SCHOOL. ON THE MORNING OF JUNE THE 12TH, THE DEFENDANT PLAYED GOLF, PLAYED CARDS AND HE WAS SCHEDULED TO GO TO THE RECITAL AT 5:00 P.M. ON THE EVENING OF JUNE THE 12TH. MR. DARDEN DESCRIBED TO YOU HOW DEFENDANT BEHAVED THAT NIGHT. HE WAS IN AN UGLY MOOD, MOROSE, DEPRESSED AND CLEARLY FIXATED ON HIS EX-WIFE NICOLE BROWN. HE RETURNED HOME AFTER THE RECITAL AND HE SPOKE TO KATO. IT WAS APPROXIMATELY 6:30 TO 7:00 P.M. HE RETURNED HOME, TO HIS HOME ON ROCKINGHAM. NOW, ABOUT THAT SAME TIME, 6:30 TO 7:00 P.M., NICOLE WAS ARRIVING AT THE MEZZALUNA WITH HER PARTY, THAT WAS ALL OF HER FAMILY AND SIDNEY AND JUSTIN. NOW, BACK AT ROCKINGHAM, MR. SIMPSON SPOKE TO KATO. HE DISCUSSED A LITTLE BIT THE RECITAL, WHAT HE WANTED TO TELL HIM ABOUT IT AND HE MENTIONED TO HIM THAT NICOLE WAS WEARING A TIGHT DRESS AND HE WONDERED HOW SHE WOULD LOOK IN THAT TIGHT DRESS WHEN SHE GOT TO BE OLDER. DURING THE COURSE OF THAT DAY, HE ALSO TOLD KATO THAT HE AND NICOLE WERE THROUGH. IT'S IMPORTANT TO REMEMBER THAT THE DEFENDANT WOULD MAKE STATEMENTS SOUNDING LIKE HE WAS CAVALIER ABOUT IT. BUT THE TRUTH THAT WE LEARN FROM THE INSIDE IS THAT HE WAS NOT AT ALL CAVALIER ABOUT LOSING NICOLE. NOW, WHILE THE DEFENDANT IS TALKING TO KATO ON ROCKINGHAM, NICOLE AND HER PARTY ARRIVED AT THE MEZZALUNA FOR DINNER TO CELEBRATE SIDNEY'S RECITAL. RON GOLDMAN WAS A WAITER AT THE MEZZALUNA. HE DIDN'T WAIT ON HER TABLE THAT NIGHT, BUT HE WAS WORKING THERE THAT NIGHT. NICOLE WAS WEARING A BLACK HALTER DRESS AND A BLACK BLAZER. SHE LEFT THE RESTAURANT WITH HER FAMILY AT APPROXIMATELY 8:30 P.M. NOW, BETWEEN 8:30 AND 9:00 P.M., KATO WAS BACK IN HIS ROOM, AND THE DEFENDANT CAME OUT TO HIS ROOM TO ASK HIM FOR SOME CHANGE. THE DEFENDANT WAS SET TO TAKE A FLIGHT OUT THAT NIGHT TO CHICAGO, THE 11:45 RED EYE. HE INDICATED TO KATO THAT HE ONLY HAD HUNDRED DOLLAR BILLS AND HE NEEDED SMALLER CHANGE FOR THE SKY CAP. HE ASKED KATO IF HE HAD THAT SMALLER CHANGE AND KATO SAID HE DID. HE THEN TOLD KATO THAT HE WAS GOING TO GO OUT AND GET SOMETHING TO EAT. KATO ASKED IF HE COULD COME ALONG. THE DEFENDANT SAID OKAY. THEY THEN LEFT AND THEY WENT OUT TO THE DRIVEWAY. THE DEFENDANT DROVE TO MC DONALD'S IN HIS BLACK BENTLEY. THEY GOT SOME BURGERS. AND AS HE DROVE BACK, THE DEFENDANT ATE HIS FOOD WHILE HE WAS DRIVING. KATO DID NOT. THEY GOT BACK TO 365 ROCKINGHAM, AND THE DEFENDANT PARKED HIS BENTLEY IN THE DRIVEWAY IN THE SAME POSITION IN WHICH IT WAS FOUND BY THE POLICE IN THE EARLY MORNING HOURS OF JUNE THE 13TH. WHEN KATO GOT OUT OF THE CAR, IT WAS 9:30 TO 9:35 AT THE LATEST. AND WHEN HE GOT OUT OF THE CAR, HE LAST SAW THE DEFENDANT STANDING NEAR THE BENTLEY. KATO WALKED THROUGH THE DRIVEWAY, THROUGH THE SIDE YARD AND BACK TO HIS ROOM. AS SOON AS HE GOT BACK TO HIS ROOM, HE MADE A CALL TO HIS FRIEND IN SAN DIEGO AT 9:37. SO WE KNOW THAT THE DEFENDANT GOT HOME BETWEEN 9:30 TO 9:35 AT THE VERY LATEST BASED ON THE TIMING OF THE PHONE CALL THAT KATO PLACED TO HIS FRIEND IN SAN DIEGO. WHEN KATO LEFT THE DEFENDANT STANDING AT THE BENTLEY AT 9:35, HE DID NOT SEE THE DEFENDANT AGAIN UNTIL AFTER 11:00 P.M. NOW, WHAT I'M ABOUT TO DESCRIBE TO YOU IS A SERIES OF EVENTS THAT PROVES THAT THE MURDERS OCCURRED BETWEEN 9:35 AND 10:45 ON THE NIGHT OF JUNE THE 12TH AND THAT DURING THAT TIME, THE DEFENDANT'S WHEREABOUTS ARE UNACCOUNTED FOR. AT 9:37, JUDITHA BROWN, THAT IS NICOLE'S MOTHER, CALLED THE MEZZALUNA TO SEE IF THEY HAD FOUND HER PRESCRIPTION GLASSES THAT SHE THOUGHT SHE HAD LEFT THERE AT DINNER THAT NIGHT. KAREN CRAWFORD, THE BAR MANAGER FROM MEZZALUNA, TOOK THAT CALL AND THEN WENT TO LOOK FOR THE GLASSES. SHE FOUND THEM OUT IN THE GUTTER NEAR WHERE THE FAMILY HAD GOTTEN OUT OF THEIR CAR TO COME INTO THE RESTAURANT. SHE BROUGHT THEM BACK INTO THE RESTAURANT, TOLD JUDITHA THAT SHE HAD FOUND THEM. JUDITHA ASKED HER TO KEEP THE GLASSES THERE. SO MISS CRAWFORD PUT THEM INTO AN ENVELOPE MARKED "NICOLE SIMPSON PRESCRIPTION GLASSES". WE'LL SHOW YOU PHOTOGRAPHS OF THAT ENVELOPE TODAY. NOW, JUDITHA CALLED NICOLE AT 9:40 P.M. AND TOLD HER THAT THE GLASSES HAD BEEN FOUND AND WERE BEING KEPT AT THE MEZZALUNA AT 9:40 P.M. AND THAT WAS THE LAST TIME JUDITHA EVER SPOKE TO HER DAUGHTER NICOLE. A FEW MINUTES LATER, MISS CRAWFORD RECEIVED A CALL FROM NICOLE, AND THEY SPOKE. MISS CRAWFORD THEN CALLED RON GOLDMAN OVER TO THE PHONE. RON GOLDMAN SPOKE TO NICOLE FOR A FEW MINUTES, AND WHEN HE WAS DONE AND HE HUNG UP, MISS CRAWFORD GAVE HIM THE GLASSES, AND HE TOOK THE ENVELOPE CONTAINING THOSE GLASSES. SHORTLY THEREAFTER AT APPROXIMATELY 9:50 P.M., RON GOLDMAN LEFT THE RESTAURANT STILL DRESSED IN HIS WAITER'S UNIFORM, THE WHITE DRESS SHIRT, THE BLACK PANTS AND THE BLACK SHOES. AND HIS FRIENDS AT THE RESTAURANT NEVER AGAIN SAW HIM ALIVE.

21 THE COURT:

MISS CLARK, WHICH GRAPHIC IS THIS?

22 MS. CLARK:

I AM SORRY?

23 THE COURT:

WHICH GRAPHIC IS THIS?

24 MS. CLARK:

THIS IS A VIEW OF THE ALLEY.

25 THE COURT:

ALL RIGHT. WHAT ITEM? WHAT EXHIBIT NUMBER?

26 MS. CLARK:

I AM SORRY?

27 THE COURT:

WHAT EXHIBIT NUMBER JUST FOR THE RECORD SO WE CAN DEMONSTRATE --

28 MS. CLARK:

I AM SORRY. P-1. AT APPROXIMATELY 10:15 P.M., PABLO FENJVES, WHO LIVED DIAGONALLY ACROSS THE ALLEY BEHIND NICOLE'S CONDOMINIUM, HEARD A DOG BEGIN TO BARK. THE AREA YOU SEE HERE IN THE PHOTOGRAPH -- AND I'LL TRY TO DESIGNATE IT WITH THE RED LIGHT -- THIS IS THE ALLEY BEHIND HER HOUSE, BEHIND NICOLE'S HOUSE AT 875 SOUTH BUNDY. THIS JEEP THAT YOU SEE HERE IS HER JEEP (INDICATING). PABLO FENJVES, WHO I'VE JUST DESCRIBED, LIVED IN THE AREA WHERE YOU SEE THE POLICE CAR. THE LIGHTS THAT YOU SEE HERE ON THE BALCONY INDICATE WHERE NICOLE LIVED. THAT'S HER CONDOMINIUM (INDICATING). THIS IS A REAR VIEW AGAIN OF NICOLE'S -- THE REAR OF NICOLE'S CONDOMINIUM. THAT'S HER JEEP. THAT'S HER GARAGE THAT I'M INDICATING, AND THIS IS THE BALCONY AREA I INDICATED BEFORE AND THERE'S THE UPSTAIRS AREA (INDICATING).

29 THE COURT:

IS THIS PEOPLE'S 2?

30 MS. CLARK:

THIS IS P-2.

31 THE COURT:

THANK YOU.

32 MS. CLARK:

THIS GARAGE AND THESE LIVING QUARTERS HERE BELONG TO ANOTHER FAMILY (INDICATING). AS I INDICATED BEFORE, IT'S A DUPLEX. SO AT 10:15, PABLO FENJVES HEARD A DOG BARK. HE REMEMBERED IT CLEARLY BECAUSE THE BARK WAS LIKE A PLAINTIVE INSISTENT WAIL. IT WAS LIKE NOTHING HE EVER HEARD BEFORE. ALTHOUGH HE HEARD DOGS BARK IN THE NEIGHBORHOOD AS OTHER DOGS LIVED IN THE NEIGHBORHOOD, THIS WAS DIFFERENT. THIS DOG SOUNDED LIKE A DOG IN TROUBLE. AT 11:00 P.M., WHEN PABLO FENJVES WENT TO BED, THE DOG WAS STILL BARKING. HE WENT OVER TO HIS -- BACK TO HIS BEDROOM SHUTTERS AND OPENED THEM TO LOOK OUT IN THE DIRECTION THAT THE BARKING SEEMED TO BE COMING FROM AND HE LOOKED IN THE DIRECTION OF NICOLE'S CONDOMINIUM, WHICH IS THE DIRECTION THAT IT SEEMED TO BE COMING FROM, AND HE NOTICED THAT THERE WERE LIGHTS ON IN THE UPPER FLOOR OF HER CONDO. WHEN HE FELL ASLEEP SHORTLY AFTER 11:00 O'CLOCK, THE DOG WAS STILL BARKING. THE EVIDENCE WILL SHOW THAT THIS DOG WAILING AND BARKING SO INSISTENTLY WAS NICOLE'S WHITE AKIDA KATO. ANOTHER NEIGHBOR, STEVE SCHWAB, LEFT TO TAKE HIS DOG FOR A WALK AT APPROXIMATELY 10:30. AT ABOUT 10:55, WHEN HE GOT TO THE CORNER OF DOROTHY AND BUNDY, WHICH IS RIGHT ON THE CORNER OF NICOLE'S -- WHERE NICOLE LIVED, MAYBE ONE HOUSE DOWN, HE SAW KATO THE DOG WALKING ALONE. THE DOG WAS ACTING VERY AGITATED, SEEMED TO BE BARKING AT THE HOUSE ON THE CORNER OF DOROTHY AND BUNDY. HE COULDN'T TELL WHICH ONE, AND HE NOTICED THAT THE DOG HAD AN EXPENSIVE COLLAR. WHEN HE CHECKED IT FURTHER, LOOKING FOR TAGS, HE NOTICED THAT THERE WAS BLOOD ON THE PAWS AND ON THE LEGS OF THE DOG. ALTHOUGH AT THAT TIME HE SAW NO INJURY, HE ASSUMED THERE MUST HAVE BEEN A CUT ON THE PAW TO CAUSE ALL THAT BLOOD. AS HE CONTINUED TO WALK, THE DOG BEGAN TO FOLLOW HIM, BUT IT BEHAVED IN A VERY STRANGE MANNER BECAUSE AT THE WALKWAY TO EVERY HOUSE THAT THEY PASSED, THE DOG WOULD STOP AND BARK INSISTENTLY. WHEN STEVE GOT HOME AT APPROXIMATELY 11:05, HE AND HIS WIFE DISCUSSED WHAT TO DO WITH THIS DOG. THEY SAT OUTSIDE AND GAVE IT SOME WATER BECAUSE IT SEEMED VERY DEHYDRATED AND DECIDED TO TRY TO GET IT TO LEAD THEM TO ITS OWNER'S HOME. SO THEY TOOK IT OUT AND THEY STARTED TO WALK BACK. BUT AS THEY NEARED BUNDY, THE DOG RESISTED, THE DOG PULLED BACK AND THEY COULDN'T GET IT TO GO ANY FARTHER. SO HE TOOK THE DOG BACK TO THE COURTYARD OF THEIR APARTMENT BUILDING. NOW, IN THAT COURTYARD, THERE WAS MORE LIGHT AND THEY WERE ABLE TO SEE MORE CLEARLY THAT THERE WAS NO INJURY ON THE DOG, BUT THAT ITS PAWS AND ITS LEGS WERE CLEARLY BLOODY. NOW, STEVE SCHWAB LATER GAVE THAT DOG TO ANOTHER NEIGHBOR IN HIS APARTMENT BUILDING, SUKRU BOZTEPE. YOU WILL SEE THEM TESTIFY IN THIS COURTROOM. AND SUKRU BOZTEPE AGREED TO TAKE CARE OF THE DOG FOR THE NIGHT. BUT AGAIN, THE DOG WAS ACTING VERY AGITATED WITH SUKRU BOZTEPE. HE TRIED TO TAKE HIM INSIDE THE HOUSE AND HE WAS NICHING AND SCRATCHING AND TRYING TO GET OUT. SO HE TRIED TO DO THE SAME THING THAT STEVE DID, AND HE TOOK THE DOG OUT FOR A WALK HOPING IT WOULD LEAD HIM BACK TO THE OWNER'S HOME. AS THEY WENT SOUTH ON BUNDY, THE DOG STARTED PULLING HARDER AND HARDER UNTIL THEY GOT TO THE LOCATION OF 875 SOUTH BUNDY. AND THERE AT THE PATHWAY LEADING UP TO THAT HOME, THE DOG STOPPED AND THE DOG LOOKED UP THE PATHWAY. AND THAT MADE SUKRU LOOK UP THE PATHWAY, AND THERE HE SAW A SIGHT THAT HE'LL NEVER FORGET. HE SAW THE BODY OF NICOLE BROWN LYING AT THE FOOT OF THE STEPS IN A POOL OF BLOOD. NOW, I'M GOING TO BACKTRACK FOR A MOMENT AND TALK ABOUT ROCKINGHAM. I LAST MENTIONED KATO AT 9:35. HE WAS ON THE PHONE TO HIS FRIEND IN SAN DIEGO. HE WAS ON THAT PHONE FOR SEVEN MINUTES. THAT CALL ENDED AT 9:44, AT WHICH POINT, AFTER TRYING TO USE THE TYPEWRITER IN THAT OFFICE I SHOWED YOU BEFORE, WHICH IS RIGHT NEXT TO HIS GUEST UNIT -- THIS MUST BE THE ROOM RIGHT HERE (INDICATING) -- HE CALLED HIS FRIEND RACHEL FERRARA.

33 THE COURT:

WHY DON'T YOU FINISH THE THOUGHT, MISS CLARK.

34 MS. CLARK:

YOU WANT TO TAKE A BREAK? IT GOES INTO -- IT'S KIND OF BETTER TO BREAK HERE IF THAT'S ALL RIGHT WITH THE COURT.

Temperature

emotional

Key Quotes (5)

Marcia Clark
MR. SIMPSON IS A MAN, NOT A STEREOTYPE, BUT FLESH AND BLOOD WHO CAN DO BOTH GOOD AND EVIL. BEING WEALTHY, BEING FAMOUS CANNOT CHANGE ONE SIMPLE TRUTH. HE'S A PERSON, AND PEOPLE HAVE GOOD SIDES AND BAD SIDES.
Clark's direct rebuttal to any 'he's too famous to do this' defense narrative; humanizes Simpson as capable of violence
Marcia Clark
WE WILL SHOW YOU THE OTHER SIDE OF THE SMILING FACE YOU SAW IN THE HERTZ COMMERCIAL, THE ONE YOU NEVER SAW ON CAMERA, THE ONE NONE OF US EVER WANTED TO SEE.
Iconic framing of the prosecution's case — dismantling OJ's public image
Marcia Clark
AN HOUR AND 10 MINUTES DURING WHICH THE MURDER OCCURRED -- MURDERS OCCURRED IN WHICH THE DEFENDANT'S WHEREABOUTS ARE UNACCOUNTED FOR.
The prosecution's central timeline argument stated plainly for the jury
Marcia Clark
AND THAT WAS THE LAST TIME JUDITHA EVER SPOKE TO HER DAUGHTER NICOLE.
Devastating emotional beat — the 9:40 pm phone call as Nicole's final contact with her mother
Marcia Clark
HE SAW THE BODY OF NICOLE BROWN LYING AT THE FOOT OF THE STEPS IN A POOL OF BLOOD.
The discovery of Nicole's body, narrated through Sukru Boztepe being led there by her blood-soaked dog — a visceral, unforgettable image to close the session

Evidence (4)

People's 1 (P-1)
Photograph — view of the alley behind Nicole's condominium at 875 South Bundy
displayed to jury during opening statement
People's 2 (P-2)
Photograph — rear view of Nicole's condominium showing her Jeep, garage, and balcony
displayed to jury during opening statement
Informal
Diagram of 360 North Rockingham Avenue showing main house, guest units (Kato's room, Arnelle's room), Ashford and Rockingham gates
displayed and described; Cochran requested it be marked
Informal
Envelope marked 'Nicole Simpson Prescription Glasses' from Mezzaluna bar manager Karen Crawford
referenced verbally; Clark states photographs will be shown

Notable Exchanges (2)

Lance A. ItoMarcia Clark
Ito repeatedly interrupted Clark mid-narrative to ask which exhibit number she was showing, requiring her to pause and identify P-1 and P-2 for the record
procedural
Johnnie CochranLance A. ItoMarcia Clark
Cochran asked that the Rockingham diagram be formally marked; Ito agreed and had Clark step aside so Cochran could see where she was pointing
strategic

Light Moments (1)

Marcia Clark
Clark introduces 'Kato' Kaelin by name and immediately acknowledges the jury already knows who he is — 'some of you already are familiar with the name'

Objections

None recorded
Proceeding 4470 • 34 utterances • Prosecution
Criminal Trial
Department 103
⚖️ Start
📂 JAN 24, 1995 📄 Opening statement — Marcia Cla
JAN 24, 1995 KRT DvH TD