📄 Opening statement — Johnnie Cochran (part 7) — 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 7)

Examiner: Johnnie Cochran
Called by: Defense • Date: Wednesday, January 25, 1995 • Utterances: 57
Cochran concludes the second day of his defense opening statement, presenting OJ Simpson's physical limitations (rheumatoid arthritis, four knee surgeries, osteoarthritis, dyslexia) and dramatically walking Simpson to the jury box to display his knee scars and injured finger. He previews alibi witnesses from the Chicago flight, explains the hotel-room broken glass as the source of Simpson's cut finger, addresses the Bronco chase via A.C. Cowlings, and closes with a devastating characterization of the LAPD crime lab as 'a cesspool of contamination.'
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 THE COURT:

THANK YOU, COUNSEL.

3 MR. COCHRAN:

THANK YOU, YOUR HONOR. SINCE THERE IS A RECORD, YOUR HONOR, MR. DOUGLAS HAS INDICATED TO ME I NEED TO READ THE GRAPHICS INTO THE RECORD. I'M NOT SURE THAT OUR COURT REPORTER IS GETTING ALL THIS. ITEM 84A AND 84B -- IT SAYS 18A, WHICH I UNDERSTAND IS A TYPO -- COULD NOT HAVE COME FROM, QUOTE, NICOLE BROWN SIMPSON, RONALD GOLDMAN OR O.J. SIMPSON. NOW, THERE IS ANOTHER -- THE NEXT ONE COMING UP, I WANT -- I WAS GOING TO ASK MISS CLARK. YOUR HONOR, YOU MAY WANT TO HIT YOUR KILL SWITCH ON THIS NEXT ONE JUST BRIEFLY.

4 THE COURT:

ALL RIGHT.

5 MR. COCHRAN:

THIS NEXT PHOTOGRAPH IS WHAT I ALLUDED TO EARLIER AS THE BLOOD ON MISS NICOLE BROWN SIMPSON'S BACK, AND IT'S AN INDICATION THAT -- THE TESTIMONY IS FROM OUR EXPERT THAT THIS BLOOD ON HER BACK IN THAT POSITION WAS IN FACT NEVER PRESERVED NEITHER BY THE LAPD NOR THE CORONER'S OFFICE AND WAS IN FACT WIPED OFF AND NEVER PRESERVED OR SAVED. THANK YOU, MR. HARRIS. TO CONCLUDE THEN MISS CLARK'S OPENING STATEMENT. I WOULD LIKE NOW TO MOVE TO A DISCUSSION OF WHAT I EXPECT THE EVIDENCE TO SHOW, VIS-A-VIS, THE DEFENSE IN THIS MATTER. YOU MAY HAVE ASKED YOURSELF, HEARING THIS EVIDENCE THUS FAR, WHO THEN IS O.J. SIMPSON. THAT'S AN ANSWER THAT WILL COME HOPEFULLY DURING THE COURSE OF THIS TRIAL. I CAN TELL YOU THAT THE EVIDENCE WILL SHOW THAT HE IS A 47-YEAR OLD MAN, FATHER OF FOUR. IN MANY RESPECTS, HE'S THE LIVING EMBODIMENT OF THE AMERICAN DREAM. I THINK YOU WILL HEAR TESTIMONY IN EVIDENCE ABOUT CERTAIN OTHER THINGS YOU DON'T KNOW ABOUT O.J. SIMPSON THAT MAY BECOME RELEVANT DURING THESE PROCEEDINGS. THERE WILL BE TESTIMONY THAT O.J. SIMPSON SUFFERS WITH CHRONIC RHEUMATOID ARTHRITIS FROM ONE OF THE LEADING RHEUMATOID ARTHRITIS DOCTORS IN THE COUNTRY, AND THAT WHEN HE'S IN REMISSION, HE CAN FUNCTION FAIRLY WELL. BUT WHEN HE'S IN THE ACUTE PHASE, HE HAS GREAT TROUBLE FUNCTIONING. WE EXPECT THERE WILL BE TESTIMONY THAT ON THE DATE OF JUNE 12TH, MR. SIMPSON WAS INVOLVED IN THE ACUTE PHASE OF HIS RHEUMATOID ARTHRITIS; AND ON THAT DATE, AFTER HE HAD PLAYED GOLF, THE PROBLEMS WITH HIS HANDS WAS SO SEVERE, HE COULD NOT SHUFFLE THE CARDS WHEN HE PLAYED GIN RUMMY AT THE COUNTRY CLUB THAT AFTERNOON. WE EXPECT THAT IS THE EVIDENCE THAT WILL BE ADDUCED. YOU WILL HEAR FROM SEVERAL OF HIS DOCTORS WHO ARE ON OUR WITNESS LIST WHO WILL FURTHER BUTTRESS THE FACT HE WAS IN AN ACUTE PHASE OF THIS RHEUMATOID ARTHRITIS SHORTLY AFTER HE CAME INTO CUSTODY. MR. SIMPSON HAD SURGERY IN WHICH SOME LYMPH NODES WERE REMOVED. THESE LYMPH NODES WERE CAUSED BY THE RHEUMATOID ARTHRITIS, WHICH CONTAINED WHITE BLOOD CELLS. IN ADDITION TO THAT, I ALLUDED TO THE FACT EARLIER THAT HE WAS PERHAPS THE GREATEST RUNNING BACK IN THE HISTORY OF THE NFL WITH ALL KINDS OF RECORDS. BUT YOU PAY A PRICE. AND IN THE EVIDENCE, WE'LL TALK ABOUT THAT PRICE THAT HE PAID. ON HIS LEFT KNEE, HE'S HAD FOUR SURGERIES. WE EXPECT YOU WILL HEAR FROM HIS DOCTOR ABOUT THE EFFECT OF THOSE FOUR SURGERIES, ABOUT THE EFFECT OF WHAT HE HAS IN ADDITION TO THE CHRONIC OR ACUTE RHEUMATOID ARTHRITIS, HE HAS OSTEOARTHRITIS IN HIS LEGS. THE EVIDENCE WILL BE, HE SUFFERS WITH RHEUMATOID ARTHRITIS IN BOTH OF HIS WRISTS. AND SO THINGS ARE NOT AS THEY ALWAYS SEEM. AND AS YOU SEE HIM SITTING THERE NOW, HE DOES IN FACT HAVE PROBLEMS WITH MOVEMENT. THERE WILL BE TESTIMONY THAT HE PLAYS GOLF, THAT HE CAN NO LONGER PLAY TENNIS, THAT WHEN HE PLAYS GOLF, HE ALWAYS HAS TO USE A GOLF CART. HE CAN'T WALK 18 HOLES. I EXPECT THERE WILL BE TESTIMONY THAT HE'S PERHAPS ONE OF THE ONLY FEW PEOPLE IN THE WORLD WHO IS ABLE TO USE A GOLF CART AT PEBBLE BEACH BECAUSE HIS DOCTOR HAD TO WRITE SUCH A LETTER. AND SO I WOULD LIKE -- I WOULD LIKE TO DEMONSTRATE THAT FOR YOU, THE EXTENT OF HIS KNEES AND SAY TO YOU THAT WHAT NO NFL NATIONAL FOOTBALL LEAGUE PLAYER WANTS TO HEAR, THAT MOTHER NATURE AND FATHER TIME HAS TAKEN ITS TOLL. THAT DOESN'T MEAN THEY CAN'T MOVE AROUND, BUT I THINK THERE WILL BE EVIDENCE OF LIMITATIONS NOW IMPOSED UPON HIM BY VIRTUE OF HIS CAREER, BY VIRTUE OF THESE INDICES THAT HE SUFFERS. YOUR HONOR, I WOULD LIKE AT THIS POINT TO HAVE MR. SIMPSON COME OVER TO THE JURY SO I CAN DEMONSTRATE THE PROBLEM WITH HIS KNEES. DEPUTY MAGNERA.

6 (THE DEFENDANT COMPLIES.)
7 THE COURT:

LADIES AND GENTLEMEN IN THE BACK ROW, IF YOU WANT TO STAND UP, FEEL FREE TO DO SO.

8 MR. COCHRAN:

YOUR HONOR, FOR THE RECORD SO -- THE COURT CAN'T SEE IT, BUT MR. SIMPSON IS DEMONSTRATING FOR THE JURORS, DEMONSTRATING FOR THE JURORS HIS LEFT KNEE; AND I THINK THERE'S INDICATION THAT THERE ARE SCARS GOING UP AND DOWN SIDEWAYS AND THERE'S ONE BEHIND THE KNEE, ONE IN FRONT, I THINK INDICATING AT LEAST FOUR SURGERIES ON THAT PARTICULAR KNEE. WHILE YOU ARE HERE, MR. SIMPSON, I WOULD LIKE FOR -- YOUR HONOR, TO BE ABLE TO SHOW HIS MIDDLE FINGER OF HIS LEFT HAND, YOUR HONOR.

9 THE COURT:

YES.

10 MR. COCHRAN:

I CAN'T MARK IT AS AN EXHIBIT, BUT AT LEAST I CAN DO WHAT THE COURT ALLOWS ME TO DO. CAN I SHOW THE MIDDLE FINGER OF HIS LEFT HAND?

11 THE COURT:

LET ME CAUTION THE PHOTOGRAPHERS TO USE EXTREME CAUTION.

12 MR. COCHRAN:

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

13 THE COURT:

THANK YOU, COUNSEL.

14 MR. COCHRAN:

IN ADDITION TO WHAT YOU'VE JUST SEEN WITH REGARD TO HIS LEFT KNEE AND THE CONDITION I TOLD YOU ABOUT, MR. SIMPSON IS DYSLEXIC. HE SUFFERED WITH DYSLEXIA ALL OF HIS LIFE. YOU KNOW WHAT THAT IS; WHERE HE TENDS TO -- READING, THINGS GET REVERSED AND TRANSPOSED AND BACKWARDS. DESPITE ALL OF THAT, AS I'VE SAID, YOU SEE WHAT HE'S DONE WITH HIS LIFE. I THINK THE NEXT AREA WE'LL DEAL WITH, MR. DOUGLAS WILL PUT THE DIAGRAMS UP. YOU'VE HEARD AND WILL HEAR TESTIMONY THAT ON THE EVENING OF JUNE 12TH, 1994, MR. SIMPSON HAD A TRIP PLANNED TO CHICAGO, ILLINOIS ON AMERICAN AIRLINES. THE PLANE WAS DUE TO LEAVE AT ABOUT 11:45, AND IN FACT IT DID LEAVE AROUND THAT TIME. MR. SIMPSON HAD GOT TO THE AIRPORT, GOT ON THE PLANE. MAY I APPROACH, YOUR HONOR?

15 THE COURT:

YOU MAY.

16 MR. COCHRAN:

AND WHAT WE SEEK TO ILLUSTRATE HERE IS HIS DEMEANOR, ALL THE PEOPLE ON THE PLANE AND THEIR RELEVANCE TO THIS PARTICULAR CASE. WE EXPECT THERE WILL BE TESTIMONY THAT HE WAS ONE OF THE LAST PEOPLE TO BOARD THE PLANE THAT PARTICULAR EVENING HEADED EAST TO GO TO CHICAGO, THAT HE TOOK A SEAT -- HE WAS FORTUNATE TO BE SITTING IN FIRST CLASS -- AND THAT SITTING VERY CLOSE TO HIM WAS A YOUNG MAN BY THE NAME OF STEVE VALLE, WHO I BELIEVE YOU WILL HEAR TESTIMONY. STEVE VALLE WAS VERY IMPRESSED THAT HE WAS SITTING NEXT TO O.J. SIMPSON. SO HE HAD OCCASION TO WATCH MR. O.J. SIMPSON, WATCH HIS HANDS, AND HE'LL TELL YOU HE DIDN'T SEE ANY MAJOR CUTS ON HIS HANDS OR ANYTHING OF THAT NATURE; THAT HE OBSERVED HIS DEMEANOR, OBSERVED HOW HE ACTED, OBSERVED HOW HE HANDLED HIMSELF DURING THAT PARTICULAR TIME. THAT THERE WAS A MAN ON THIS FLIGHT BY THE NAME OF HOWARD BINGHAM, A MAN FAMOUS IN HIS OWN RIGHT, MOHAMMAD ALI'S PERSONAL PHOTOGRAPHER, LIVES HERE IN LOS ANGELES; THAT HOWARD BINGHAM WAS ON HIS WAY TO SEE MOHAMMAD ALI. HE LEFT HIS SEAT BACK HERE AND WALKED UP AND HAD A CONVERSATION WITH MR. O.J. SIMPSON. HE TOO WILL COME IN AND TELL YOU HOW MR. SIMPSON APPEARED ON JUNE 12TH, 1994 11:45 TO THE TIME THAT FLIGHT GOT THERE IN CHICAGO. AND THERE ARE OTHERS, AS YOU MIGHT IMAGINE, WHO HAD SEEN HIM. PARTICULAR INTEREST, THERE'S A CAPTAIN OF THIS FLIGHT, CAPTAIN WAYNE STANSFIELD, WHO FOUND OUT THAT O.J. SIMPSON WAS FLYING TO CHICAGO, AND HE CAME OUT OF THE COCKPIT. YOU KNOW, YOU ALWAYS WORRY WHEN YOU SEE THE PILOT COME OUT. WHEN YOU SEE THE PILOT COMING OUT OF THE COCKPIT, YOU ASSUME THAT MEANS THERE ARE A COUPLE OTHERS FLYING THE PLANE. SO HE CAME OUT AND HE GOT MR. O.J. SIMPSON'S AUTOGRAPH ON THE FLIGHT LOG. SO HE HAD A CHANCE TO SEE HIS HAND, HAD A CHANCE TO OBSERVE HIM. HE SIGNED AUTOGRAPHS AS HE GOT OUT OF THE LIMOUSINE FOR THE SKYCAPS. REMEMBER HE HAD GOTTEN SOME MONEY TO GIVE THE SKYCAPS MONEY. THERE WILL BE TESTIMONY THAT HE HAD $10 OR WHATEVER. THE SKYCAP HAD NO CHANGE, AND HE GAVE HIM THAT OF COURSE. AND YOU WILL HEAR ABOUT THIS FLIGHT. YOU WILL HEAR ABOUT THIS MAN'S DEMEANOR, HEAR ABOUT HOW HE HANDLED HIMSELF, HOW PEOPLE WATCHED HIM DURING THIS PERIOD OF TIME. MR. VALLE ESPECIALLY WAS LOOKING AT HIS HANDS BECAUSE HE THOUGHT THAT O.J. SIMPSON WOULD HAVE A CHAMPIONSHIP RING ON HIS HANDS. HE HAD A CHANCE TO LOOK AT HIM, WATCH HIM, OBSERVE HIM AS DID HOWARD BINGHAM, WHO KNEW HIM BEFORE THIS TIME, AS DID THE PILOT AND AS DID ALL THE OTHER PEOPLE WHO CAME IN CONTACT WITH HIM. THANK YOU, MR. DOUGLAS. THE NEXT GRAPHIC WHICH WE THINK WILL BE RELEVANT TO YOU AND, OF COURSE, IN THE PRESENTATION OF THE EVIDENCE -- AT THIS TIME, YOU CAN SEE FROM THE GRAPHICS -- YOUR HONOR, WE'RE NOT GIVING THE NUMBERS.

17 MR. DOUGLAS:

THE FIRST ONE WAS 203. THIS IS 204.

18 MR. COCHRAN:

REFERRING TO NUMBER 204 -- AND YOU CAN SEE THE LEGEND IS GOING FROM EAST TO WEST AT THIS TIME. THIS IS AFTER, THE EVIDENCE WILL SHOW, MR. SIMPSON HAS BEEN TOLD THAT HIS EX-WIFE HAS BEEN FOUND MURDERED. YOU WILL SEE THE DIFFERENCE IN THIS MAN'S DEMEANOR AND HOW HE REACTED AND HOW HE HANDLED HIMSELF FROM THE TIME HE GOT THAT CALL FROM DETECTIVE PHILLIPS AND FOUND OUT THAT HIS EX-WIFE HAD BEEN MURDERED AND HOW HE REACTED, WHAT HE SAID; HIS CONCERN ABOUT HIS CHILDREN, HOW HE CALLED AND TRIED TO GET THE FIRST FLIGHT OUT OF CHICAGO, HOW THEY HAD A FLIGHT TOO LATE FOR HIM AT 10:00 O'CLOCK OR SOMETHING. HE INSISTED ON AN EARLIER FLIGHT. HE WANTED TO COME DIRECTLY BACK TO LOS ANGELES AS SOON AS POSSIBLE AFTER THIS CONVERSATION. HE MADE CALLS WHILE ON THE WAY BACK FROM CHICAGO TO LOS ANGELES TRYING TO FIND OUT WHAT HAD HAPPENED. WE'LL BE CALLING CERTAINLY MORE THAN ONE WITNESS ON THAT FLIGHT. IT'S VERY INTERESTING, SITTING RIGHT NEXT TO O.J. SIMPSON ON THIS FLIGHT BACK WAS A LAWYER BY THE NAME OF MARK PARTRIDGE. MARK PARTRIDGE SAT WITH HIM THE ENTIRE TIME. HE WILL COME IN HERE -- HE'S A LAWYER IN CHICAGO -- AND TELL YOU ABOUT THIS MAN'S DEMEANOR. ONE OF THE INTERESTING THINGS ABOUT THIS I THINK YOU'LL FIND IS, WE'RE AWARE MR. SIMPSON HAD NO CUTS ON HIS HAND, KNUCKLE AREA THAT ANYONE SAW THAT WE KNOW OF GOING. WHEN HE CAME BACK, HE HAD A CUT, WHICH YOU JUST SAW REMNANTS OF, ON HIS KNUCKLE IN THE MIDDLE FINGER. MR. PARTRIDGE SAW THAT. AND THERE WILL BE TESTIMONY THAT IN THE HOTEL ROOM IN CHICAGO, THERE WAS A BROKEN GLASS, SHARDS OF GLASS IN THAT HOTEL ROOM. THERE WAS BLOOD ASSOCIATED WITH THAT GLASS AND WITH THE TOWEL THEREIN. HIS WHOLE DEMEANOR, AS YOU MIGHT EXPECT, HAD CHANGED. HE SUFFERED A TERRIBLE LOST. HE TOOK THE FIRST FLIGHT BACK FROM CHICAGO HERE. WE THINK THAT MARK PARTRIDGE ALONG WITH OTHER PEOPLE WHO MAY BE CALLED ARE VERY, VERY RELEVANT IN THE COURSE OF THIS CASE. NOW, AS DEPRESSED AS HE WAS, PEOPLE WHO CAME IN CONTACT WITH HIM STILL DIDN'T KNOW ABOUT HIS TRAGEDY. PEOPLE WOULD STILL COME UP TO HIM, ASK HIM FOR AUTOGRAPHS DURING THIS PERIOD OF TIME. BUT HE DID GET BACK TO LOS ANGELES SOMETIME THAT DAY, AND HE WENT, WE THINK THE EVIDENCE WILL SHOW, DIRECTLY TO HIS HOME ON ROCKINGHAM WHERE HE WAS, FIRST OF ALL, PLACED IN HANDCUFFS. THEN THEY WERE TAKEN OFF AND THEN HE WAS ASKED IF HE WANTED TO COME DOWNTOWN TO TALK TO THE POLICE -- MAYBE NOT ASKED -- TOLD TO COME DOWN TO TALK TO THE DETECTIVES IN THIS CASE, VANNATTER AND LANGE. HE VOLUNTARILY DID THAT. HE GOT A LAWYER THERE BY THE NAME OF HOWARD WEITZMAN, ONE OF THE MORE PROMINENT LAWYERS HERE IN LOS ANGELES, AND HIS BUSINESS LAWYER SKIP TAFT. WHEN HE CAME HOME, THERE WERE NO POLICE AT THE AIRPORT. HE CAME BACK HOME, HE WENT DOWNTOWN. THEY TALKED TO HIM IN THE CAR ON THE WAY DOWNTOWN; AND WHEN THEY GOT DOWNTOWN --

19 MR. HODGMAN:

EXCUSE ME, YOUR HONOR. I THINK THE COURT KNOWS THE OBJECTION I HAVE IN MIND. IF NOT, I WOULD BE HAPPY TO APPROACH.

20 MR. COCHRAN:

HE DOESN'T KNOW WHAT I'M GOING TO SAY.

21 MR. HODGMAN:

WELL, COUNSEL, I'VE BEEN AROUND A LITTLE BIT TOO. WE CAN HAVE AN OFFER OF PROOF OR I'LL STATE MY OBJECTION NOW.

22 THE COURT:

WHY DON'T YOU APPROACH WITHOUT THE REPORTER, PLEASE.

23 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)
24 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. COCHRAN.

25 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. SORRY FOR THE INTERRUPTION AGAIN. WHEN MR. O.J. SIMPSON, AS I SAID, RETURNED HOME AT HIS RESIDENCE, HE WENT DOWNTOWN WITH THE POLICE DETECTIVES. HE HAD TWO LAWYERS WHO FOLLOWED HIM DOWNTOWN, HOWARD WEITZMAN, NOTED LAWYER, AND HIS BUSINESS LAWYER, MR. SKIP TAFT. WE THINK THE EVIDENCE WILL SHOW THAT MR. SIMPSON GOT DOWNTOWN -- HIS TWO LAWYERS WILL TESTIFY OR AT LEAST ONE OF THEM WILL THAT HE WAS TOLD -- THEY WERE TOLD BY THE POLICE THAT THEY COULD NOT BE PRESENT WHEN MR. SIMPSON WAS INTERVIEWED. AND MR. SIMPSON -- THAT -- AND THE EVIDENCE WILL BE, IF THAT HAPPENED, THAT'S WRONG, WILL BE A VIOLATION -- BUT MR. SIMPSON WENT AHEAD AND TALKED TO THE POLICE WITHOUT DISCUSSING ANY CONTENTS WITH HIS LAWYERS NOT IN THE ROOM AND AWAY. THEY WENT SOMEPLACE ELSE UNTIL THIS INTERVIEW, 33 MINUTES, HAD CONCLUDED. WE EXPECT THAT'S WHAT THE EVIDENCE WILL SHOW IN THAT REGARD. IN THIS CONNECTION, WE EXPECT THERE WILL BE TESTIMONY IN EVIDENCE FROM A NUMBER OF WITNESSES OF THINGS THAT HAPPENED THAT WEEK, NOT THE LEAST OF WHICH WILL BE A GENTLEMAN BY THE NAME OF AL COWLINGS. WE EXPECT THAT MR. COWLINGS, A VERY DEAR FRIEND OF MR. SIMPSON'S, WILL TESTIFY, ALONG WITH OTHERS, ABOUT THE EVENTS THE DATE OF JUNE 17TH, 1994, THE LOW-SPEED PURSUIT THAT YOU ALL INDICATED YOU'VE HEARD SO MUCH ABOUT. I EXPECT THERE WILL BE TESTIMONY ABOUT THAT, THAT WHEN MR. COWLINGS SPOKE TO THE POLICE, THEY WERE HEADED NORTH ON THE 405 BACK TO MR. SIMPSON'S HOME; THAT ON THAT PARTICULAR DATE, AMONG OTHER THINGS, MR. SIMPSON HAD BEEN HEAVILY MEDICATED AFTER THE FUNERAL THAT WEEK, THAT HE WROTE SOME LETTERS, THAT HE CALLED HIS FIRST WIFE, MARGUERITE SIMPSON, AMONG OTHERS, AND HIS FAMILY MEMBERS AND THAT HE INSISTED TO THOSE WHO WOULD LISTEN THAT THE EVENTS OF THE WEEK --

26 MR. DARDEN:

OBJECTION. HEARSAY.

27 THE COURT:

NOT OFFERED BY AN ADVERSE PARTY, COUNSEL.

28 MR. COCHRAN:

LET ME REPHRASE THAT. HE HAD A NUMBER OF CONVERSATIONS WITH PEOPLE WHO WERE VERY CLOSE TO HIM THAT WEEK. AND I EXPECT THE EVIDENCE WILL BE THAT YOU WILL HEAR WHAT HE WAS SAYING, WHAT HIS STATE OF MIND WAS, WHAT TRIGGERED THIS LOW-SPEED PURSUIT. I EXPECT YOU WILL HEAR FROM MR. COWLINGS THEY HAD GONE DOWN TO ORANGE COUNTY TO HIS WIFE'S GRAVE AND THAT WHEN THE POLICE ENCOUNTERED HIM HEADING NORTH ON THE 405, THEY WERE HEADING BACK TO THE ROCKINGHAM ADDRESS AND THAT HE IN FACT ENDED UP THERE. ONE OF THE THINGS THAT I WOULD LIKE NOW TO TURN TO IS A PHOTOGRAPH I WOULD LIKE TO ALERT COUNSEL TO.

29 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
30 MR. COCHRAN:

MR. HARRIS. THE NEXT EXHIBIT IS A PHOTOGRAPH OF MR. RONALD GOLDMAN'S HANDS. AND YOU WILL SEE AND YOU'VE HEARD, I'VE INDICATED TO YOU THAT THERE WILL BE EXPERT TESTIMONY FROM A FORENSIC PATHOLOGIST THAT THE BRUISES THERE ARE INDICATIONS THAT MR. GOLDMAN'S HANDS AND FISTS CAME IN CONTACT WITH THE PERPETRATOR, THAT THERE WAS BLUNT FORCE TRAUMA AND THAT HE WAS ABLE TO STRIKE HIS ASSAILANT. THERE WILL BE OTHER TESTIMONY WITH REGARD TO OTHER WOUNDS ON HIS HAND. I THINK THAT'S RELEVANT BECAUSE I WOULD LIKE NEXT TO HAVE -- MR. HARRIS, MOVE TO THE NEXT PHOTOGRAPHS. WHAT'S THE NUMBER ON THAT ONE?

31 MR. HARRIS:

THAT WAS D-13.

32 MR. COCHRAN:

D-13. WHEN MR. SIMPSON RETURNED TO LOS ANGELES ON JUNE 13TH, THE PICTURES YOU ARE ABOUT TO SEE NOW ARE PICTURES TAKEN OF HIS BODY --

33 MR. HARRIS:

D-14.

34 MR. COCHRAN:

-- ON JUNE 15, 1994 AND JUNE 17TH. THESE FIRST ONES ARE FROM JUNE 15TH, WHICH WAS A WEDNESDAY. THAT'S MR. SIMPSON. AND I WANT YOU -- HOLD THAT A MINUTE, MR. HARRIS. I WANT YOU TO LOOK AT MR. SIMPSON'S FACE IN THIS PICTURE, RATHER LOOKING MORE MOROSE. LOOK AT HIS FACE IN THE PHOTOGRAPH WITH HIS DAUGHTER SIDNEY. WHAT'S THE NUMBER? NUMBER 200. AND THIS PHOTOGRAPH HERE, I EXPECT THAT THE EVIDENCE WILL BE, THERE ARE NO BRUISES ON HIS FACE OR ON HIS BODY. THIS PICTURE WAS TAKEN ON JUNE 15TH, 1994. MR. HARRIS, WILL YOU GO TO THE NEXT PHOTOGRAPH, PLEASE.

35 MR. HARRIS:

THAT WAS D-15. D-16 IS COMING UP.

36 MR. COCHRAN:

D-16, ANOTHER SHOT OF MR. SIMPSON'S BODY.

37 MR. HARRIS:

D-18. D-19. D-20. D-21. D-22.

38 MR. COCHRAN:

RIGHT HAND AND PART OF THE FOREARM.

39 MR. HARRIS:

D-23.

40 MR. COCHRAN:

THE LEFT HAND.

41 MR. HARRIS:

D-24. D-25.

42 MR. COCHRAN:

NOW, THIS PHOTOGRAPH -- THE TESTIMONY WILL BE, THIS PHOTOGRAPH WAS TAKEN ON FRIDAY, JUNE 17TH, AND WE THINK THAT THE INDICATION THAT BLOOD HAD BEEN TAKEN FROM HIM THAT DAY BY ONE OF HIS DOCTORS I TALKED TO YOU ABOUT, HIS ARTHRITIC DOCTOR AND HIS OTHER DOCTORS, HIS OSTEOARTHRITIC DOCTOR AND ALSO HIS ORTHOPOD HAD TAKEN BLOOD FROM HIM THAT DAY. THIS IS A PICTURE OF HIS RIGHT ARM. THIS IS MR. SIMPSON'S BACK.

43 MR. HARRIS:

26.

44 MR. COCHRAN:

MR. SIMPSON'S FACE AND TEETH.

45 MR. HARRIS:

27. D-28.

46 MR. COCHRAN:

PICTURE OF -- REVEALING PICTURE OF MR. SIMPSON, HOWEVER, TO SHOW HIS ENTIRE BODY.

47 MR. HARRIS:

D-29.

48 MR. COCHRAN:

MR. SIMPSON'S HAND. ON JUST ON D-30, YOU CAN SEE THAT KIND OF CIRCULAR MARK THERE WHICH YOU SAW A FAINT MARK THERE. WE EXPECT THERE WILL BE TESTIMONY WITH REGARD TO THAT PARTICULAR MARK THERE ON HIS MIDDLE FINGER, THAT THERE WILL BE TESTIMONY AMONG THE DOCTORS ON OUR WITNESS LIST THAT THIS IS IN NO WAY A KNIFE CUT, THAT IS MORE CONSISTENT WITH SOME GLASS OR SOME SHARDS OF GLASS HAVING MADE THAT PARTICULAR CUT.

49 MR. HARRIS:

D-31. D-32. D-33. D-34. D-35.

50 MR. COCHRAN:

IS THAT IT? ALL RIGHT. NOW, TO CONCLUDE THIS PARTICULAR PORTION OF OUR DISCUSSION, WE EXPECT THERE WILL BE OTHER EVIDENCE OF DEMEANOR AND PICTURES. WE EXPECT THAT, ALTHOUGH WE'VE HEARD THE POLICE WANTED TO EXCLUDE MR. SIMPSON, THAT WHEN THEY TALKED TO HIM ON THE 12TH, I DON'T THINK YOU'LL SEE ANY PICTURES TAKEN OF HIS BODY EXCEPT THE ONE PICTURE SHE SHOWED YOU YESTERDAY OF HIS HAND. BUT WE WANTED YOU TO KNOW THAT THERE ARE OTHER PICTURES THAT'S PART OF -- AS OUR PART OF THE CASE, WE HAVE THESE PICTURES. WE WANTED TO SHARE THEM WITH YOU. NOW, YOUR HONOR, I'M NOW ABOUT TO TURN MY ATTENTION TO THE LAPD AND ITS LAB. IT MAY BE -- I DO NOT NOW BELIEVE, WITH ALL THE INTERRUPTIONS, I'M GOING TO BE ABLE TO FINISH TODAY AS MUCH AS I WANTED TO. WHATEVER YOUR HONOR'S PLEASURE IS. THERE IS -- THIS NEXT PORTION IS FAIRLY LENGTHY.

51 THE COURT:

COUNSEL, I'LL LEAVE IT TO YOUR PROFESSIONAL DISCRETION. DO YOU THINK THIS IS AN APPROPRIATE BREAKING POINT?

52 MR. COCHRAN:

YES. LET ME JUST TAKE ONE LOOK, YOUR HONOR.

53 (BRIEF PAUSE.)
54 MR. COCHRAN:

I THINK THAT IT IS. I WOULD LIKE TO MAKE JUST A COUPLE STATEMENTS. I THINK THAT IT IS. IF I MIGHT.

55 THE COURT:

PROCEED.

56 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. SORRY I'M NOT GOING TO BE ABLE TO FINISH TODAY, LADIES AND GENTLEMEN. BUT YOU CAN UNDERSTAND THE IMPORTANCE OF THIS CASE TO BOTH SIDES. WE HAD A NUMBER OF INTERRUPTIONS AND SORRY IT'S TAKEN LONGER. I'M SURE YOU EXPECT NOTHING LESS FROM EITHER SIDE OF THE LAWYERS -- ON EITHER SIDE IN THIS CASE. TOMORROW, WE'LL COME BACK AND WE WILL START TALKING ABOUT THE POLICE INVESTIGATION. WE'LL GO THROUGH SOME CHARTS WHICH HOPEFULLY WILL MAKE THE WHOLE SUBJECT OF DNA A LITTLE LESS COMPLEX AND CONFUSING. WE WILL TALK ABOUT THE SO-CALLED EVIDENCE FLOW IN THIS CASE. ONE OF THE FACTORS, WE'LL START AT THE VERY BEGINNING OF THE POLICE INVESTIGATION AND WORK OUR WAY THROUGH TO DETERMINE WHAT THEY DID AND HOW THEY DID IT AND HOW IT IMPACTS UPON THIS CASE. THE IMPORTANT PIECE OF INFORMATION THAT WE THINK THE EVIDENCE WILL SHOW, HOWEVER, IS THAT ALL OF THIS EVIDENCE COLLECTED, WHETHER AT BUNDY OR ROCKINGHAM OR WHEREVER, WENT THROUGH THE LAPD LAB, AND WE EXPECT TO INTRODUCE EVIDENCE THAT -- FROM THEIR OWN RECORDS -- THAT LABORATORY IS A CESSPOOL OF CONTAMINATION, NOT UP TO SPEED, NOT UP TO STANDARD. WE THINK WE CAN CONCLUSIVELY INDICATE THAT DURING THE COURSE OF THE TESTIMONY IN THIS CASE. THANK YOU VERY MUCH. AND I WOULD ASK YOU TO KEEP AN OPEN MIND UNTIL TOMORROW UNTIL WE HAVE A CHANCE TO FINISH. THANK YOU VERY MUCH.

57 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, AS FAR AS THE JURY IS CONCERNED THEN, WE ARE GOING TO TAKE OUR RECESS FOR THE AFTERNOON. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DON'T TALK TO ANYBODY ABOUT THE CASE NOR ALLOW YOURSELF TO BE APPROACHED OR SPOKEN TO WITH REGARD TO THE CASE. AND WE WILL RESUME AGAIN HOPEFULLY WITH THE CONCLUSION OF THE OPENING STATEMENTS TOMORROW MORNING AT 9:00 O'CLOCK. AS SOON AS THE OPENING STATEMENTS HAVE BEEN CONCLUDED, I ANTICIPATE THAT WE WILL BE CALLING THE FIRST WITNESSES TOMORROW MORNING WITHIN MOMENTS AFTER THE CONCLUSION OF THE OPENING STATEMENTS. WE WILL JUST TAKE A RECESS LONG ENOUGH TO TAKE DOWN THE EASELS AND THINGS AND START WITH THE ACTUAL PRESENTATION OF THE WITNESSES' TESTIMONY FOR YOU TOMORROW. ALL RIGHT. HAVE A PLEASANT EVENING, LADIES AND GENTLEMEN. COUNSEL, LET ME ASK YOU TO STAY BEHIND BECAUSE WE NEED TO PUT A FEW THINGS ON THE RECORD BEFORE WE CONCLUDE FOR THE AFTERNOON. ALL RIGHT. LET'S CLEAR THE COURTROOM.

Temperature

emotional

Key Quotes (5)

Johnnie Cochran
THAT LABORATORY IS A CESSPOOL OF CONTAMINATION, NOT UP TO SPEED, NOT UP TO STANDARD.
The defining rhetorical attack on the LAPD lab — a phrase designed to stick with jurors as a frame for all subsequent DNA and physical evidence testimony.
Johnnie Cochran
THINGS ARE NOT AS THEY ALWAYS SEEM. AND AS YOU SEE HIM SITTING THERE NOW, HE DOES IN FACT HAVE PROBLEMS WITH MOVEMENT.
Central defense theme — reframing the prosecution's physical narrative by humanizing Simpson as an aging, injured man.
Johnnie Cochran
WHAT NO NFL NATIONAL FOOTBALL LEAGUE PLAYER WANTS TO HEAR, THAT MOTHER NATURE AND FATHER TIME HAS TAKEN ITS TOLL.
Preemptive dismantling of the prosecution's portrait of Simpson as physically capable of the murders.
Johnnie Cochran
ITEM 84A AND 84B COULD NOT HAVE COME FROM, QUOTE, NICOLE BROWN SIMPSON, RONALD GOLDMAN OR O.J. SIMPSON.
Opens with exculpatory DNA evidence, signaling that unidentified third-party DNA is a cornerstone of the defense.
Christopher Darden
OBJECTION. HEARSAY.
Darden's attempt to block Cochran from previewing Simpson's own statements during the Bronco chase; overruled, allowing the narrative to continue.

Evidence (9)

People's 84A and 84B
DNA evidence that could not be matched to Nicole Brown Simpson, Ronald Goldman, or OJ Simpson — suggesting an unidentified contributor
Read into record by Cochran
Informal
Photograph of blood on Nicole Brown Simpson's back, allegedly never preserved by LAPD or the coroner — wiped off
Displayed, discussed as evidence of LAPD negligence
Defense 203
Diagram of OJ Simpson's westbound Chicago-to-LA flight route
Displayed to illustrate post-murder demeanor witnesses
Defense 204
Diagram of return flight from Chicago after Simpson learned of Nicole's murder
Displayed to illustrate Simpson's distressed demeanor on return
Defense D-13
Photograph of Ronald Goldman's hands showing bruising/blunt force trauma — defense argues Goldman struck his assailant
Displayed and discussed
Defense D-14 through D-35
Photographs of OJ Simpson's body taken June 15 and June 17, 1994 — showing no bruising on face or body, and a small circular mark on middle finger consistent with glass rather than a knife
Displayed serially, narrated by Cochran
+ 3 more

Notable Exchanges (3)

Johnnie CochranWilliam HodgmanLance A. Ito
Hodgman rises to preemptively object before Cochran completes his sentence about the police interview downtown. Cochran retorts 'He doesn't know what I'm going to say.' Ito sends both to an unreported bench conference.
strategic
Johnnie CochranChristopher DardenLance A. Ito
Darden objects to hearsay as Cochran previews Simpson's statements during the Bronco chase. Ito overrules: 'Not offered by an adverse party, counsel.'
procedural
Johnnie CochranLance A. Ito
Cochran asks permission to show the jury Simpson's middle finger. Ito grants it but cautions: 'Let me caution the photographers to use extreme caution.' Cochran thanks him warmly.
light

Light Moments (2)

Lance A. Ito
Cochran asks to display Simpson's middle finger to the jury; the judge gravely warns photographers to 'use extreme caution' before allowing it.
Johnnie Cochran
Cochran jokes about flight passengers' anxiety: 'You know, you always worry when you see the pilot come out. When you see the pilot coming out of the cockpit, you assume that means there are a couple others flying the plane.'

Credibility Attacks (3)

⚔ LAPD Crime Lab
institutional attack / their own records
Cochran previews that the defense will use the LAPD's own records to prove the lab is 'a cesspool of contamination, not up to speed, not up to standard' — framing all physical evidence as tainted at the source.
⚔ LAPD detectives (Vannatter and Lange)
procedural violation
Cochran previews testimony that Simpson's lawyers were barred from the police interview room, suggesting the 33-minute interrogation was obtained improperly.
⚔ LAPD / Prosecution's physical capability narrative
physical demonstration
By walking Simpson to the jury box to show knee scars and an arthritic hand, Cochran directly rebuts the prosecution's implication that Simpson was physically capable of committing the murders.

Objections

2 objections (0 sustained, 1 overruled)
Proceeding 4494 • 57 utterances • Defense
Criminal Trial
Department 103
⚖️ Start
📂 JAN 25, 1995 📄 Opening statement — Johnnie Co
JAN 25, 1995 KRT DvH TD