📄 Opening statement — Johnnie Cochran (part 4) — 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 4)

Examiner: Johnnie Cochran
Called by: Defense • Date: Wednesday, January 25, 1995 • Utterances: 13
Cochran resumes his opening statement by attacking the prosecution's time-of-death theory, pointing out that the coroner Dr. Golden placed death between 9:00 PM and midnight — a window that, he argues, exculpates Simpson since OJ was at home at 9:00 and airborne by midnight. Cochran introduces defense pathology expert Dr. Michael Baden and references an amended coroner's report (D-88) sent to Hodgman, prompting an immediate objection and sidebar request when the document appears on the courtroom screen.
1 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

OPENING STATEMENT (RESUMED)

2

BY MR. COCHRAN:

3 THE JURY:

GOOD AFTERNOON.

4 MR. COCHRAN:

WHEN WE BROKE THIS MORNING, WE HAD JUST GOTTEN TO THE POINT OF DISCUSSING THE CORONER WHO PREVIOUSLY TESTIFIED IN THIS MATTER, DR. GOLDEN; AND I THINK I ALLUDED TO THE FACT THAT, IN THE COURSE OF THE OPENING STATEMENT YESTERDAY, WE DIDN'T HEAR HIS NAME. AND WE EXPECT THAT HE WILL IN FACT BE CALLED IN THIS CASE EITHER -- IF THE PEOPLE DON'T CALL HIM, WE WILL. AND I THINK YOU WILL HEAR EVIDENCE TO THE EFFECT THAT YOU CAN IN FACT DETERMINE THE TIME OF DEATH WITH GREATER PRECISION THAN YOU HEARD YESTERDAY. THAT IF ONE IS QUALIFIED, ONE CAN LOOK AT THE STATE OF RIGOR MORTIS, STATE OF LIVIDITY OF THE BODY, STATE OF THE TEMPERATURE OF THE BODY AND ALSO THE AMBIENT TEMPERATURE, USE THINGS LIKE THE STOMACH CONTENTS. IN THIS CASE, THERE WAS A MAJOR PROBLEM. DR. GOLDEN'S TESTIMONY IS THAT HE WOULD PLACE THE TIME OF DEATH BETWEEN 9:00 AND 12:00 O'CLOCK. NOW, BETWEEN 9:00 AND 12:00 O'CLOCK, YOU NOW HAVE HEARD ENOUGH OF THE EVIDENCE TO UNDERSTAND THAT 12:00 O'CLOCK, MR. SIMPSON WAS IN THE AIR. AT 9:00 O'CLOCK, THERE WILL BE TESTIMONY, AS YOU'VE HEARD, AS TO WHERE HE WAS AT HIS HOUSE. SO WE ARE -- WE HAVE A PROBLEM WITH REGARD TO TRYING TO FIX THE TIME OF DEATH. AND YOU HEARD THE PROSECUTION'S THEORY YESTERDAY ABOUT THE TIME OF DEATH BEING ABOUT 10:15. YOU'VE HEARD FROM ME THIS MORNING THAT THE DEFENSE ADVANCES THE THEORY THAT THAT'S CLEARLY WRONG BASED UPON THE WITNESSES THAT YOU'VE HEARD. NOW, WITH REGARD TO DR. BADIN, WHO IS OUR EXPERT -- AND I SHOULD TELL YOU A LITTLE BIT ABOUT HIM. DR. MICHAEL BADIN IS A FORMER FORENSIC PATHOLOGIST, THE CHIEF MEDICAL EXAMINER FOR THE CITY OF NEW YORK. HE RESIDES IN NEW YORK. AS I SAID, HE HAS WORKED FOR THE L.A. COUNTY DISTRICT ATTORNEY'S OFFICE IN THE PAST. HE'S CONSIDERED ONE OF THE FOREMOST FORENSIC PATHOLOGISTS IN AMERICA. HE CAME TO -- THE EVIDENCE WILL BE THAT HE CAME TO LOS ANGELES SHORTLY AFTER MR. SIMPSON'S RETURN FROM CHICAGO AND IN FACT WENT TO THE L.A. COUNTY CORONER'S OFFICE THAT WEEK, THE WEEK OF JUNE 13TH. AND IT WAS AFTER DR. MICHAEL BADIN'S CONFERENCES WITH DR. GOLDEN AND HIS SUPERIOR ALONG WITH DR. BADIN'S COLLEAGUE, DR. BARBARA WOLF, THAT THE CORONER'S OFFICE WROTE A LETTER TO MR. HODGMAN WITH AN AMENDMENT TO THE CORONER'S REPORT THEY FILED. AND I WOULD LIKE AT THIS TIME TO TURN OUR ATTENTION TO THE GRAPHICS. THIS IS A LETTER THAT IS DIRECTED TO OUR COLLEAGUE, MR. WILLIAM HODGMAN. YOU'LL SEE MR. WILLIAM HODGMAN THERE. AND AS WE PROCEED --

5 MR. HARRIS:

D-88.

6 MR. COCHRAN:

-- IT WILL BECOME CLEARER.

7 MR. HODGMAN:

YOUR HONOR, EXCUSE ME. MAY WE --

8 THE COURT:

MR. HODGMAN.

9 MR. HODGMAN:

I HAVE AN OBJECTION TO INTERPOSE. I WISH TO APPROACH AT SIDEBAR.

10 THE COURT:

WITH THE REPORTER.

11 MR. HODGMAN:

AND I WOULD LIKE THIS STRICKEN FROM THE SCREEN FOR A MOMENT.

12 THE COURT:

ALL RIGHT. LET'S HOLD THAT, MR. HARRIS.

13 MR. HODGMAN:

THANK YOU.

Temperature

tense

Key Quotes (3)

Johnnie Cochran
DR. GOLDEN'S TESTIMONY IS THAT HE WOULD PLACE THE TIME OF DEATH BETWEEN 9:00 AND 12:00 O'CLOCK. NOW, BETWEEN 9:00 AND 12:00 O'CLOCK, YOU NOW HAVE HEARD ENOUGH OF THE EVIDENCE TO UNDERSTAND THAT 12:00 O'CLOCK, MR. SIMPSON WAS IN THE AIR.
The core of the defense time-of-death argument — using the prosecution's own coroner to suggest the murder window is inconsistent with OJ committing the crime.
Johnnie Cochran
THE DEFENSE ADVANCES THE THEORY THAT THAT'S CLEARLY WRONG BASED UPON THE WITNESSES THAT YOU'VE HEARD.
Cochran directly and confidently rejects the prosecution's 10:15 PM time-of-death theory in front of the jury.
Johnnie Cochran
IT WAS AFTER DR. MICHAEL BADIN'S CONFERENCES WITH DR. GOLDEN AND HIS SUPERIOR ALONG WITH DR. BADIN'S COLLEAGUE, DR. BARBARA WOLF, THAT THE CORONER'S OFFICE WROTE A LETTER TO MR. HODGMAN WITH AN AMENDMENT TO THE CORONER'S REPORT THEY FILED.
Establishes that the coroner's office itself amended its report following pressure or consultation from the defense's expert — potentially damaging to the prosecution's narrative.

Evidence (1)

D-88
Letter from the LA County Coroner's Office to William Hodgman containing an amendment to the original coroner's report, apparently prompted by defense expert Dr. Baden's consultations with Dr. Golden
Displayed on courtroom screen during opening statement; objected to by Hodgman before jury could fully view it

Notable Exchanges (1)

William HodgmanLance A. Ito
As Cochran displays D-88 on screen, Hodgman immediately interrupts with an objection and requests a sidebar with the court reporter, also asking that the document be removed from the screen
heated

Credibility Attacks (1)

⚔ Dr. Golden (LA County Coroner)
Internal contradiction / use of prosecution witness against prosecution
Cochran uses Golden's own wide time-of-death window (9:00 PM–midnight) to undermine the prosecution's precise 10:15 PM theory, and implies the coroner's amended report (D-88) further weakens the prosecution's case

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 4488 • 13 utterances • Defense
Criminal Trial
Department 103
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📂 JAN 25, 1995 📄 Opening statement — Johnnie Co
JAN 25, 1995 KRT DvH TD