📄 Opening statement — Johnnie Cochran (part 3) — Wednesday, January 25, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\25\OPENING-STATEMENT-JOHNNIE-COCH.DOC
TRIAL
▲ Day 6 of 167

Opening statement — Johnnie Cochran (part 3)

Examiner: Johnnie Cochran
Called by: Defense • Date: Wednesday, January 25, 1995 • Utterances: 14
Johnnie Cochran resumes his opening statement in the civil trial, previewing defense witnesses including Faye Resnick and her drug rehabilitation timeline, then systematically attacking the prosecution's timeline theory with several eyewitnesses who place the murders later than 10:15 PM. He closes by teasing the coroner Dr. Golden as a mystery the prosecution is hiding, and promising afternoon testimony on time-of-death evidence from pathologist Michael Baden.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. LET'S RESUME, PLEASE. ALL RIGHT. THANK YOU, COUNSEL.

3 MR. COCHRAN:

THANK YOU VERY MUCH. OH, EXCUSE ME, SIR. THANK YOU, YOUR HONOR. THANK YOU, LADIES AND GENTLEMEN. EXCUSE ME. I TALKED JUST BRIEFLY ABOUT THIS WITNESS, FAYE RESNICK, AND YOU MAY OR MAY NOT HEAR FROM HER. SHE IS ON OUR WITNESS LIST. THERE IS THE POSSIBILITY -- WE MAY CALL HER FOR A NUMBER OF REASONS.

4 MR. HODGMAN:

OBJECT, YOUR HONOR. IF THERE IS ONLY A POSSIBILITY --

5 THE COURT:

COUNSEL, OVERRULED.

6 MR. COCHRAN:

THE REASON WHY I THINK THE EVIDENCE WILL SHOW IT WILL BE RELEVANT TO YOU IS THAT ON OR ABOUT JUNE 3RD OF 1994, FAYE RESNICK, WHO HAD HAD A LONG TIME RELATIONSHIP WITH A DR. KRISTIN REICHARDT, WHOM WE WILL DEFINITELY BE CALLING, THEY HAD BEEN LIVING TOGETHER FOR A LONG TIME, AND BECAUSE OF HER DRUG USAGE, BECAUSE OF THE FACT SHE WAS FREEBASING COCAINE, HE PUT HER OUT LITERALLY, THEY BROKE UP.

THEY RAN IN THIS CIRCLE OUT THERE IN BRENTWOOD. AND WHEN SHE WAS PUT OUT ON JUNE 3RD, WHICH I THINK WAS A FRIDAY, SHE THEN MOVED OVER AND LIVED WITH NICOLE BROWN SIMPSON. BECAUSE THEY WERE FRIENDS, THEY WOULD GO OUT AT NIGHT. THESE WERE ALL OF -- THE EVIDENCE WILL BE THESE LADIES WOULD GO OUT TWO, THREE, FOUR NIGHTS A WEEK AND STAY OUT UNTIL FIVE O'CLOCK IN THE MORNING. NOBODY WAS CONTROLLING THESE WOMEN. THERE IS A GROUP OF THEM AND YOU WILL HEAR ABOUT IT, THEY GO OUT DANCING, THEY WOULD DO WHATEVER THEY WOULD DO, AND WE KNOW FAYE RESNICK WAS USING DRUGS DURING THIS PERIOD OF TIME. IT GOT SO BAD THE EVIDENCE WILL BE THAT ON JUNE 8TH, 1994, THEY HAD WHAT WE CALL AN INTERVENTION, THAT NICOLE AND KRISTIN REICHARDT AND HER FORMER HUSBAND, PAUL RESNICK, ALL GOT TOGETHER TO TRY AND CONVINCE HER THAT SHE HAD TO GO INTO A DRUG TREATMENT FACILITY CALLED EXODUS, AND ON THE 8TH OF JUNE --

7 MR. HODGMAN:

EXCUSE ME, COUNSEL. I'M SORRY ONCE AGAIN. YOUR HONOR, YOU HAD ASKED US OR GAVE US LEAVE TO ADDRESS THESE ISSUES --

8 THE COURT:

OVERRULED. PLEASE BE SEATED.

9 MR. HODGMAN:

-- DURING THE NOON HOUR.

10 THE COURT:

PLEASE BE SEATED.

11 MR. HODGMAN:

VERY WELL.

12 THE COURT:

THANK YOU.

13 MR. COCHRAN:

GOES INTO A DRUG TREATMENT FACILITY ON JUNE 8TH AND SHE REMAINS THERE AND SHE IS THERE ON JUNE 12, AND I THINK YOU WILL HEAR FROM THE EVIDENCE THAT SHE IS ONE OF THE PEOPLE THAT CALLED MISS NICOLE BROWN SIMPSON ON THE NIGHT OF JUNE 12, PERHAPS AFTER NINE O'CLOCK, THAT PARTICULAR NIGHT, FROM THIS DRUG TREATMENT FACILITY. WE WILL BE TALKING ABOUT THAT AND HER ROLE IN THIS WHOLE DRAMA. TO CONCLUDE THEN, WHAT I HAVE TRIED TO DO IN THIS OPENING STATEMENT, TO LAY OUT FOR YOU THE FACT THAT IN ALMOST EVERYTHING YOU HEAR IN THIS CASE THERE ARE TWO SIDES, THAT AS JURORS I'M SURE YOU ARE NOT GOING TO RUSH TO JUDGMENT, THAT THIS SHOULD NOT BE A CASE ABOUT CHARACTER ASSASSINATION. AND I HOPE YOU WILL KEEP AN OPEN MIND UNTIL YOU HEAR ALL OF THE EVIDENCE AS IT RELATES TO WHO MR. SIMPSON IS. NOW, SHIFTING OUR ATTENTION NOW TO THE DISCUSSION, AND A VERY ABLE DISCUSSION OF MISS MARCIA CLARK YESTERDAY, IT SEEMED TO ME, AS YOU SUMMARIZED WHAT SHE HAD TO SAY TO YOU, THAT HER ARGUMENT BROKE DOWN OR -- WELL, IT WAS ARGUMENT AT THE END -- BUT HER OPENING STATEMENT BROKE DOWN INTO A DISCUSSION OF TIMELINE AND SO-CALLED EVIDENCE TRAILS. LET ME, FIRST OF ALL, TALK TO YOU ABOUT THE CONCEPT OF THE TIMELINE. WE TALKED A LITTLE BIT ABOUT -- AND LET ME TELL YOU WHAT SHE DIDN'T TELL YOU ABOUT. SOME OF THIS WE COVERED SO I WON'T BE REDUNDANT, BUT THERE ARE WITNESSES LIKE THE LADY WHO LIVED NEXT DOOR TO MR. SIMPSON. THERE IS A MR. TOM LANG THAT SHE KNOWS ABOUT AND DIDN'T TELL YOU ABOUT WHO ON THIS PARTICULAR NIGHT, JUNE 12, 1994, WAS WALKING HIS DOG ON THE STREET CALLED DOROTHY STREET RIGHT DOWN THE WAY FROM MISS NICOLE BROWN SIMPSON'S CONDO AT 875. THAT FROM HIS VANTAGE POINT JUST A SHORT DISTANCE ON THE CORNER HE LOOKED UP AND HE SAW A LADY THAT HE BELIEVED WAS MISS NICOLE BROWN SIMPSON EMBRACING SOMEONE AT A VEHICLE AT THE CURB AND BEHIND MISS SIMPSON HE SAW A MAN THAT HE DESCRIBED AS HISPANIC OR CAUCASIAN STANDING WITH HIS HANDS CLENCHED STANDING THERE LOOKING AS THOUGH HE WAS ANGRY. AND HE DIDN'T KNOW WHY THIS MAN WAS LOOKING LIKE THIS, AND THIS IS ABOUT TEN O'CLOCK ON JUNE 12, WHETHER HE WAS ANGRY -- MR. LANG DIDN'T KNOW WHETHER HE WAS ANGRY BECAUSE HIS DOG WAS LOOSE OR WHAT, BUT AGAIN, THIS IS WHAT I EXPECT HIS TESTIMONY TO BE, THIS IS AT TEN O'CLOCK, AND HE SEES A LADY THAT HE BELIEVES IS NICOLE BROWN SIMPSON AT THAT POINT. I TALKED TO YOU BRIEFLY BEFORE ABOUT ELLEN ARRONSON AND DAN MANDEL WHO SHE DIDN'T TALK TO -- SHE HAS TALKED TO THEM BUT SHE DIDN'T TALK TO THEM YESTERDAY -- AS THEY WALK PAST THIS PLACE RIGHT AT ABOUT 10:25 OR THEREABOUTS. AND THERE IS ANOTHER WITNESS WHOSE NAME IS ROBERT HEIDSTRA AND ROBERT HEIDSTRA IS IN AN ALLEY ONE STREET OVER, BUT WHEN YOU GO OUT THERE YOU WILL BE ABLE TO SEE HOW WELL YOU CAN HEAR LATE AT NIGHT, ESPECIALLY ON A SUNDAY NIGHT, AT THIS LOCATION. MR. HEIDSTRA, ACCORDING TO HIS STATEMENTS, IS WALKING IN THIS ALLEY. NOW IT IS ABOUT 10:35 OR 10:40. AS HE WALKS PARALLEL TO WHERE THE BUNDY RESIDENCE IS, HE WILL BE THEN LOOKING WEST, HE HEARS SOUND OF LIKE ARGUING AND HE HEARS SOMEONE OR A VOICE SAY, "HEY, HEY, HEY," AND HE HEARS THE SOUND OF A FENCE CLOSING AND HE CONTINUES ON WALKING HIS DOG. NOW, THIS IS AT 10:40 OR THEREABOUTS AND YOU KNOW THEN AT 10:45 MARYANNE GERCHAS SEES THESE FOUR MEN RUNNING FROM 875 DOWN TOWARD HER DIRECTION AND SHE BELIEVES THEY ARE COMING AFTER HER AT THAT POINT. IN HER STATEMENT TO YOU YESTERDAY MISS CLARK TALKED TO YOU A LOT ABOUT ALLAN PARK AND I READ YOU SOME OF HIS TRANSCRIPTS, SOME OF HIS TESTIMONY THAT YOU DIDN'T HEAR ABOUT, AND I THINK THERE WILL BE CONSIDERABLY MORE WITH REGARD TO MR. PARK. AND MR. KATO, KATO KAELIN, AN INTERESTING MAN, AND I THINK THAT IT WILL BE INTERESTING WHEN YOU HEAR FROM MR. KATO KAELIN ABOUT MR. SIMPSON AND HOW HE APPEARED THAT NIGHT. JUST BEFORE WE WRAP UP FOR LUNCH, I THINK THE EVIDENCE WILL SHOW YOU THAT IN ORDER TO BELIEVE THAT O.J. SIMPSON COMMITTED THESE HORRIBLE MURDERS, YOU WOULD HAVE TO BELIEVE THAT HE CAME BACK FROM BACK EAST WHERE HE HAD BEEN WORKING TO COME TO HIS DAUGHTER'S RECITAL, ATTENDED THAT RECITAL. YOU SEE HIS PICTURE THERE. HE WAS HOME GETTING READY FOR A TRIP TO CHICAGO THAT HAD BEEN LONG PRE-PLANNED, THAT HE WAS HUNGRY, AND THE EVIDENCE WILL BE THAT HE DIDN'T HAVE ANY DOLLAR BILLS OR $20.00 BILLS, THAT HE ASKED TO BORROW SOME MONEY FROM KATO KAELIN. KATO KAELIN GAVE HIM THIS MONEY AND HE WENT AND HAD A BIG MAC. YOU WOULD HAVE TO BELIEVE THAT HE WAS PLANNING TO KILL HIS WIFE EITHER BEFORE HE GOT THIS BIG MAC OR THEN WENT AND GOT THE BIG MAC, BUT KATO KAELIN WILL DESCRIBE THAT HE WAS DRESSED IN SOME KIND OF SWEAT CLOTHES AND SOME TENNIS SHOES. THAT IF YOU FOLLOW THE PEOPLE'S CASE YOU WOULD HAVE TO BELIEVE THAT HE THEN CAME HOME AND SAID, GEE, I THINK WHAT I WILL DO IS I WILL GO OVER AND KILL MY WIFE NOW AND I THINK I WILL TAKE THESE TENNIS SHOES OFF AND PUT ON SOME DRESS SHOES, SOME HARD-SOLED SHOES AND CHANGE CLOTHES KNOWING HE IS GOING TO BE LEAVING SHORTLY TO GO TO THE AIRPORT, AND THEN YOU WOULD HAVE TO BELIEVE THAT TO BELIEVE THEIR THEORY AND TO MAKE THEIR THEORY WORK THEY SPENT ALL THIS TIME TALKING ABOUT THE PLAINTIVE WAIL OF A DOG BECAUSE THEY HAVE GOT TO MAKE THIS AS EARLY AS POSSIBLE AT 10:15. WE KNOW THAT THAT IS NOT CORRECT BASED UPON THE FACTS THAT YOU'VE HEARD. TO CONCLUDE, ISN'T IT INTERESTING THAT IN ALL OF THE DISCUSSION YESTERDAY BY THESE TWO VERY EXCELLENT LAWYERS THEY NEVER ONCE MENTIONED THEIR CORONER, DR. GOLDEN. HE IS ANOTHER MYSTERIOUS MYSTERY WITNESS THEY DON'T WANT TO TALK ABOUT. AND WHEN WE COME BACK THIS AFTERNOON, LET'S TALK ABOUT WHY THE PROSECUTION DOESN'T WANT YOU TO KNOW ABOUT DR. GOLDEN AND LET'S TALK ABOUT WHEN MISS CLARK SAYS, WELL, YOU CAN'T REALLY FIX THE TIME OF DEATH HERE WITH ANY PRECISION. WE WILL HAVE TESTIMONY FROM ONE OF THE LEADING PATHOLOGISTS IN THE UNITED STATES, MICHAEL BADEN, WHO HAS ALSO WORKED FOR THE L.A. COUNTY DISTRICT ATTORNEY'S OFFICE WHO WAS WRITTEN A BOOK ABOUT JOHN BELUSHI'S DEATH. HE WAS ABLE TO PINPOINT THE TIME OF DEATH TO WITHIN ONE HOUR, AND YET IN THIS CASE BECAUSE THE CORONER WAS NOT CALLED FOR TEN HOURS AFTER THESE BODIES WERE FOUND, OR EIGHT HOURS, AND THEY GOT OUT THERE AFTER ABOUT TEN HOURS, VIOLATING THE STATE LAW. WE ARE PRECLUDED FROM PINPOINTING THIS AND THEY HAVE TO TELL YOU THAT IT IS ABOUT A DOG'S WAIL WHEN A MAN'S LIFE IS AT STAKE. WE WILL PICK UP AFTER LUNCH, YOUR HONOR.

14 THE COURT:

THANK YOU, MR. COCHRAN. ALL RIGHT. LADIES AND GENTLEMEN, WE WILL STAND IN RECESS FOR THE JURY UNTIL 1:30. LET ME SPEAK TO COUNSEL AFTER THE JURY HAS DEPARTED. ALL RIGHT. LET'S CLEAR THE COURTROOM, PLEASE.

Temperature

tense

Key Quotes (4)

Johnnie Cochran
YOU WOULD HAVE TO BELIEVE THAT HE THEN CAME HOME AND SAID, GEE, I THINK WHAT I WILL DO IS I WILL GO OVER AND KILL MY WIFE NOW AND I THINK I WILL TAKE THESE TENNIS SHOES OFF AND PUT ON SOME DRESS SHOES, SOME HARD-SOLED SHOES AND CHANGE CLOTHES KNOWING HE IS GOING TO BE LEAVING SHORTLY TO GO TO THE AIRPORT
Cochran reduces the prosecution's timeline theory to an absurdity, arguing the shoe-change scenario makes premeditated murder logistically implausible
Johnnie Cochran
THEY HAVE GOT TO MAKE THIS AS EARLY AS POSSIBLE AT 10:15. WE KNOW THAT THAT IS NOT CORRECT BASED UPON THE FACTS THAT YOU'VE HEARD.
Directly challenges the prosecution's reliance on the dog's wail as a time anchor, framing it as manufactured necessity rather than evidence
Johnnie Cochran
ISN'T IT INTERESTING THAT IN ALL OF THE DISCUSSION YESTERDAY BY THESE TWO VERY EXCELLENT LAWYERS THEY NEVER ONCE MENTIONED THEIR CORONER, DR. GOLDEN.
Sets up the afternoon's attack on the coroner while appearing to compliment opposing counsel — classic Cochran rhetorical move
Johnnie Cochran
BECAUSE THE CORONER WAS NOT CALLED FOR TEN HOURS AFTER THESE BODIES WERE FOUND... VIOLATING THE STATE LAW. WE ARE PRECLUDED FROM PINPOINTING THIS AND THEY HAVE TO TELL YOU THAT IT IS ABOUT A DOG'S WAIL WHEN A MAN'S LIFE IS AT STAKE.
Links police/prosecution misconduct (late coroner call) directly to the evidentiary gap they're now exploiting — a core defense narrative

Evidence (7)

Informal
Faye Resnick's drug use and entry into Exodus treatment facility on June 8, 1994
discussed as context for her phone call to Nicole on the night of June 12
Informal
Testimony of Tom Lang, who saw Nicole Brown Simpson embracing someone at a curb with an angry Hispanic or Caucasian man standing nearby at approximately 10:00 PM on June 12
previewed as defense witness to challenge prosecution timeline
Informal
Testimony of Robert Heidstra, who heard arguing and 'Hey, hey, hey' followed by a fence closing in the alley near Bundy at approximately 10:35–10:40 PM
previewed as defense witness pushing the murder time later than prosecution claims
Informal
Testimony of Maryanne Gerchas, who saw four men running from 875 Bundy at approximately 10:45 PM
previewed as defense witness suggesting multiple perpetrators
Informal
McDonald's Big Mac purchased by Simpson with money borrowed from Kato Kaelin before the murders
discussed to undermine premeditation theory — Simpson was casually getting fast food
Informal
Dr. Golden, the LA coroner who arrived approximately 10 hours after the bodies were discovered
flagged as a witness the prosecution conspicuously avoided mentioning
+ 1 more

Notable Exchanges (2)

William HodgmanLance A. Ito
Hodgman attempts twice to object — first on uncertainty of Resnick as a witness, then invoking the judge's earlier invitation to address issues at noon — and is overruled and told to sit down both times
procedural, with Hodgman visibly frustrated
Johnnie Cochranjury
Cochran walks through the logical absurdity of the prosecution's timeline — Big Mac, sweat clothes, shoe change, murder, airport — as a narrative deconstruction rather than legal argument
strategic, persuasive

Light Moments (1)

Johnnie Cochran
Cochran refers to Kato Kaelin as 'an interesting man' with a knowing tone before previewing his testimony

Credibility Attacks (2)

⚔ Marcia Clark
omission / strategic concealment
Cochran repeatedly points out witnesses Clark 'didn't tell you about' — Lang, Arronson, Mandel, Heidstra — framing prosecution's opening as deliberately incomplete
⚔ Dr. Golden (LA Coroner)
professional conduct / statutory violation
Cochran accuses the prosecution of suppressing their own coroner by not mentioning him, and alleges the 10-hour delay in calling him violated state law and destroyed time-of-death evidence

Objections

2 objections (0 sustained, 2 overruled)
Proceeding 4484 • 14 utterances • Defense
Criminal Trial
Department 103
⚖️ Start
📂 JAN 25, 1995 📄 Opening statement — Johnnie Co
JAN 25, 1995 KRT DvH TD