📄 Opening statement — Johnnie Cochran (part 3) — Monday, January 30, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\30\OPENING-STATEMENT-JOHNNIE-COCH.DOC
TRIAL
▲ Day 8 of 167

Opening statement — Johnnie Cochran (part 3)

Date: Monday, January 30, 1995 • Utterances: 20
This is the concluding portion of Cochran's opening statement, where he summarizes the defense theory: that the evidence will show more than one killer, that the police investigation at Bundy was shoddy, and that the prosecution's case is built on theory rather than fact. Cochran closes with a James Russell Lowell poem and a religious invocation, arguing that the evidence will prove Simpson did not commit the murders.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 MR. COCHRAN:

THANK YOU, YOUR HONOR. WE EXPECT ALSO THAT THERE WILL BE EVIDENCE AND TESTIMONY THAT A SHORT TIME BEFORE MR. SIMPSON WENT TO CHICAGO, ON SUNDAY EVENING, JUNE 12TH, I THINK ON OR ABOUT JUNE 2ND, HIS SECRETARY AT HIS REQUEST ORDERED THE STAR 69 FEATURE AT HIS REQUEST ON HIS PHONE, AND WE EXPECT THERE WILL BE ADDITIONAL TESTIMONY ABOUT THAT AND AS TO WHY THAT WAS. IN SUMMARY, AS YOU THEN LOOK AT ALL OF THE EVIDENCE IN THIS CASE, WE EXPECT THE EVIDENCE WILL SHOW THAT O.J. SIMPSON, AS YOU SEE HIM THERE, IS NOT A PERFECT HUMAN BEING. HE, LIKE ALL OF US, HAS MADE MISTAKES. OF COURSE, WE KNOW THERE'S ONLY ONE PERFECT PERSON WHO EVER WALKED THE EARTH. WE THINK THE EVIDENCE WILL SHOW HE'S NOT GUILTY OF THESE HORRIBLE CRIMES, THAT HE HAS BEEN BLESSED BOUNTIFULLY BY GOD AND HE'S SHARED HIS LARGESSE AND BLESSINGS WITH MANY, MANY PEOPLE; THAT IN THIS INSTANCE, THE PROSECUTOR'S THEORY THAT THERE WAS ONLY ONE MURDERER IS JUST A THEORY. WE EXPECT TO INTRODUCE EVIDENCE TO SHOW THERE WAS MORE THAN ONE KILLER, THAT THE PROSECUTOR'S THEORY WILL BE OVERCOME BY THE FACTS WHICH WE PRESENT. WE ALSO EXPECT THAT THE EVIDENCE WILL SHOW THAT THE REASON THE PROSECUTION MAINTAINS THERE'S ONLY ONE KILLER IS THAT MR. SIMPSON -- WHO THEY WANT TO PORTRAY AS A STALKER, AND STALKERS DON'T COME IN PAIRS. IT COULD ONLY BE ONE PERSON UNDER THAT SCENARIO. THAT EX-HUSBANDS WHO ARE STALKERS DON'T COME IN PAIRS AND THAT'S WHY THEY'RE WEDDED TO THIS ONE MURDERER THEORY, EVEN CONTRARY TO WHAT THEIR OWN CORONER MAY VERY WELL INDICATE. I'VE SHARED WITH YOU ALSO THE FACT OF MR. GOLDMAN'S JOURNEY THAT EVENING WHEN HE CHECKED OUT AND WENT HOME, CHANGED CLOTHES AND EVERYTHING. SO I WILL NOT BELABOR THAT. EXPECT THERE WILL BE EVIDENCE ABOUT HOW YOU GET INTO 875 SOUTH BUNDY, WHEN ONE COMES UP AND RINGS THE BELL OR WHATEVER AND HOW YOU GET IN FROM THE HOUSE OR WHETHER THAT'S POSSIBLE, WHETHER SOMEBODY HAS TO LET YOU IN OR HOW YOU GET IN THE PARTICULAR RESIDENCE. I ALREADY TOLD YOU, WE EXPECT THERE WILL BE EVIDENCE OF THE SIZE OF THIS AREA. AND I THINK MISS CLARK HAS INDICATED AND I THINK THE EVIDENCE WILL SHOW IT'S A VERY, VERY SMALL AREA, GIVEN THE CIRCUMSTANCES. WE WILL SHOW THAT THE POLICE WHO CAME OVER TO BUNDY YOU WILL SEE WALKING THROUGH THAT SCENE WENT IN THAT HOUSE AND DIDN'T TAKE ONE PICTURE, PICTURE. THEY WENT IN THE HOUSE, THAT THEY FOUND CANDLES BURNING AND VARIOUS OTHER THINGS, THAT THE INVESTIGATION INSIDE THAT HOUSE WAS SHODDY AND SCARCE IF AT ALL UNDER THE CIRCUMSTANCES. AND SO WHEN THIS CASE -- AS WITH MANY CASES, YOU WILL RECALL THAT WE TALKED TO YOU A LOT ABOUT TRUTH AND YOUR COMMON SENSE. DURING VOIR DIRE, I THINK WE -- ALL OF US TOLD YOU THAT WE WANTED YOU TO USE YOUR COLLECTIVE COMMON SENSE AND DON'T LEAVE IT OUTSIDE IN THE HALLWAY, TO BRING IT IN AND APPLY IT TO THE FACTS OF THIS PARTICULAR CASE. IN APPLYING THAT COMMON SENSE, AS I INDICATED TO YOU, YOU WILL LOOK AND YOU WILL BE ABLE TO SEE THIS SMALL AREA. YOU WILL SEE THE FIGHT THAT MR. GOLDMAN PUT UP. YOU WILL SEE THE INJURIES THAT HE SUSTAINED. YOU WILL HEAR THE TESTIMONY ABOUT THE AMOUNT OF BLOOD TO BE EXPECTED ON THE PERPETRATOR. YOU HAVE SEEN MR. SIMPSON'S BODY, THE LACK OF SCRATCHES THEREON. YOU WILL SEE AND YOUR COMMON SENSE WILL ADDRESS BASED UPON THE EVIDENCE THE ISSUE OF WHETHER ONE PERSON COULD KILL TWO PEOPLE UNDER THESE CIRCUMSTANCES WITHOUT HEARING SCREAMING AND A LOT OF RUNNING AND ALL SORT OF THINGS. WE EXPECT HOPEFULLY THAT THE EVIDENCE PRESENTED BY THE DEFENSE WILL HELP TO PROVIDE SOME ANSWERS TO THESE COMMON-SENSE QUESTIONS. WE EXPECT ALSO THAT YOU WILL HEAR FROM A WITNESS BY THE NAME OF PAULA BARBIERI. BOTH SIDES ARE AWARE OF HER. AND SHE WILL TESTIFY ABOUT HER RELATIONSHIP WITH MR. O.J. SIMPSON, SPECIFICALLY, AS I MENTIONED EARLIER, BETWEEN THE PERIOD MAY OF 1992 AND MAY OF 1993 AND MAY OF 1994 TO THE PRESENT. THIS CASE REALLY BOILS DOWN TO A WHO DONE IT, THIS CASE IS ABOUT. IT'S NOT ABOUT DOMESTIC VIOLENCE OR WHATEVER. IT'S ABOUT WHO KILLED THESE TWO PEOPLE AND THESE PARTICULAR HORRIBLE CRIMES. THE PROSECUTION WILL PROBABLY START OFF WITH DOMESTIC DISCORD EVIDENCE. AND THAT WITH ALL THE EVIDENCE, WE ASK YOU TO KEEP AN OPEN MIND. YOU KNOW THE CIRCUMSTANCES. YOU KNOW THERE ARE GENERALLY TWO SIDES TO EVERY SITUATION. WE CANNOT CALL OUR WITNESSES UNTIL WE GET OUR TIME IN THE PART OF THE CASE WHEN IT'S OUR TIME TO PUT THE WITNESSES ON. THAT'S WHY I'VE SPENT SO MUCH TIME IN THIS OPENING STATEMENT TO TRY TO DETAIL FOR YOU WHAT WE EXPECT THE EVIDENCE TO BE AND WHAT WE EXPECT TO SHOW. YOU UNDERSTAND THAT THE FACT THAT SOMEONE HAS AN ALTERCATION WITH ONE'S WIFE IN 1989 IS NOT CAPABLE OF BEING PREDICTED WHETHER THAT PERSON WOULD KILL HER OR BE INVOLVED IN ANY OTHER FIGHTS OR WHATEVER.

3 MS. CLARK:

OBJECTION. ARGUMENTATIVE.

4 THE COURT:

SUSTAINED.

5 MR. COCHRAN:

AND SO I STARTED OFF BY INDICATING TO YOU THAT I THOUGHT THIS CASE WOULD BE A CASE WHERE WE WOULD ESTABLISH THERE WAS A RUSH TO JUDGMENT BY THE PROSECUTION, AND THEY WOULD HAVE THEORIES AND SPECULATION AND WE WOULD HAVE THE FACTS.

6 MS. CLARK:

OBJECTION. THIS IS ARGUMENT.

7 THE COURT:

I ASSUME THESE ARE THE CONCLUDING REMARKS.

8 MR. COCHRAN:

YES, YOUR HONOR.

9 THE COURT:

THANK YOU.

10 MR. COCHRAN:

THANK YOU. THEY WOULD HAVE THEORIES AND SPECULATION AND WE WOULD HAVE THE FACTS.

KEY QUOTE
11 MS. CLARK:

OBJECTION.

12 MR. COCHRAN:

YOUR HONOR, I'M JUST TRYING TO CONCLUDE WHAT I WAS SAYING WHEN SHE INTERRUPTED ME. IN THIS INSTANCE, IN THIS CASE, BOTH SIDES ARE INTERESTED IN THE SEARCH FOR TRUTH. THAT'S WHAT A TRIAL REALLY IS. IT'S A JOURNEY FOR TRUTH, FOR YOU TO DETERMINE THE TRUE FACTS OF WHAT HAPPENED ON JUNE 12TH, 1994. WE SPENT A GREAT AMOUNT OF TIME IN SELECTING EACH OF YOU FOR THIS TASK BECAUSE IT WILL BE A VERY SIGNIFICANT TASK. AND IN TRUTH, I'M ALWAYS REMINDED OF SOMETHING THAT JAMES RUSSELL LOWELL SAID, THAT:

"TRUTH FOREVER ON THE SCAFFOLD WRONG FOREVER ON THE THRONE, YET THAT SCAFFOLD SWAYS THE FUTURE AND BEYOND THE DIM UNKNOWN STANDETH GOD WITHIN THE SHADOWS KEEPING WATCH ABOVE HIS OWN." IN THIS CASE, GOD KNOWS WHAT HAPPENED ON JUNE 12TH.

13 MR. DARDEN:

OBJECTION, YOUR HONOR.

14 MS. CLARK:

THIS IS ARGUMENT.

15 MR. COCHRAN:

IT'S NOT ARGUMENT, YOUR HONOR.

16 THE COURT:

IT'S A CLOSING COMMENT. THANK YOU, COUNSEL.

17 MR. COCHRAN:

GOD KNOWS WHAT HAPPENED ON JUNE 12TH, 1994. AND WE HOPE AFTER YOU'VE HEARD ALL THE EVIDENCE IN THIS CASE, YOU CAN MAKE A RATIONAL DECISION AND YOU TOO WILL KNOW WHAT HAPPENED, AND YOU WILL KNOW THAT O.J. SIMPSON --

18 MS. CLARK:

OBJECTION, YOUR HONOR.

19 THE COURT:

HE CAN SAY THAT'S WHAT HE INTENDS TO PROVE, COUNSEL. HE CAN SAY THAT.

20 MR. COCHRAN:

THANK YOU, YOUR HONOR. YOU WILL KNOW THAT THE EVIDENCE WILL SHOW THAT O.J. SIMPSON, THAT MAN PICTURED OVER THERE, ON JUNE 12TH DID NOT KILL HIS WIFE, DID NOT KILL RONALD GOLDMAN, AND HE IS ENTITLED TO AN ACQUITTAL. THANK YOU VERY MUCH FOR YOUR ATTENTION. MAY BE THE LONGEST OPENING STATEMENT IN THE HISTORY OF THIS BUILDING. I APPRECIATE YOUR PATIENCE AND THE FACT THAT YOU TOOK THE TIME TO LISTEN. THANK YOU.

Temperature

emotional

Key Quotes (4)

Johnnie Cochran
THEY WOULD HAVE THEORIES AND SPECULATION AND WE WOULD HAVE THE FACTS.
Core defense framing — characterizing the prosecution as speculative while positioning the defense as grounded in evidence.
Johnnie Cochran
"TRUTH FOREVER ON THE SCAFFOLD WRONG FOREVER ON THE THRONE, YET THAT SCAFFOLD SWAYS THE FUTURE AND BEYOND THE DIM UNKNOWN STANDETH GOD WITHIN THE SHADOWS KEEPING WATCH ABOVE HIS OWN."
Cochran invokes a James Russell Lowell poem as a rhetorical flourish, framing the trial as a moral struggle between truth and power — immediately drawing prosecution objections.
Johnnie Cochran
MAY BE THE LONGEST OPENING STATEMENT IN THE HISTORY OF THIS BUILDING. I APPRECIATE YOUR PATIENCE AND THE FACT THAT YOU TOOK THE TIME TO LISTEN.
Self-aware moment of levity after a lengthy opening, humanizing Cochran to the jury.
Johnnie Cochran
THIS CASE REALLY BOILS DOWN TO A WHO DONE IT... IT'S NOT ABOUT DOMESTIC VIOLENCE OR WHATEVER. IT'S ABOUT WHO KILLED THESE TWO PEOPLE.
Explicit attempt to reframe the trial away from domestic violence history and toward identity of the killer — a key defense strategic move.

Evidence (4)

Informal
Star 69 phone feature ordered by OJ's secretary at his request around June 2nd
discussed as anticipated testimony
Informal
Crime scene at 875 South Bundy — small area, police entered without taking photographs, candles burning inside
discussed to attack adequacy of investigation
Informal
OJ Simpson's body — lack of scratches consistent with a violent struggle
referenced as physical evidence supporting innocence
Informal
Ron Goldman's movements the evening of June 12th — checked out, went home, changed clothes
discussed as part of timeline reconstruction

Notable Exchanges (2)

Johnnie CochranMarcia ClarkLance A. Ito
Clark repeatedly objected as Cochran tried to close, arguing the statements were argument rather than opening. Ito largely allowed Cochran to continue, framing the objectionable lines as 'concluding remarks' and 'closing comments' rather than sustaining.
strategic
Johnnie CochranChristopher DardenLance A. Ito
Darden joined Clark in objecting to Cochran's invocation of God knowing what happened June 12th. Ito dismissed it as a 'closing comment' and allowed Cochran to proceed.
tense

Light Moments (1)

Johnnie Cochran
Cochran acknowledged his opening statement may have been 'the longest in the history of this building' and thanked the jury for their patience.

Credibility Attacks (1)

⚔ LAPD investigators
competence/procedure attack
Cochran argued that police who went to Bundy entered the house, found candles burning, and failed to take a single photograph — characterizing the interior investigation as 'shoddy and scarce.'

Objections

6 objections (1 sustained, 4 overruled)
Proceeding 4439 • 20 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 30, 1995 📄 Opening statement — Johnnie Co
JAN 30, 1995 KRT DvH TD