📄 Opening statement reopening — Tuesday, January 31, 1995
📅 Jan 31 — Day 9
crime_scenedefense_strategydomestic_violencepolice_proceduretimelinewitness_credibility
Address:
C:\DEPT103\CRIMINAL\1995\JAN\31\OPENING-STATEMENT-REOPENING.DOC
TRIAL
▲ Day 9 of 167

Opening statement reopening

Date: Tuesday, January 31, 1995 • Utterances: 6
Judge Ito granted the prosecution permission to reopen their opening statement to rebut three points raised by Cochran's defense opening. Marcia Clark addressed OJ's physical capabilities (countering arthritis claims with an exercise videotape), corrected Cochran's account of the Howard Weitzman/police interview incident, and attacked the credibility of defense witness Mary Anne Gerchas, calling her 'a known liar and a Simpson case groupie.'
1 THE COURT:

THE COURT HAS GRANTED A PROSECUTION REQUEST TO REOPEN THEIR OPENING STATEMENT TO ADDRESS DEFENSE COUNSEL'S COMMENTS IN HIS OPENING STATEMENT REGARDING THREE WITNESSES WHO HAD NOT PREVIOUSLY BEEN DISCLOSED OR WHOSE STATEMENTS HAD NOT BEEN PREVIOUSLY DISCLOSED TO THE PROSECUTION BEFORE TRIAL, AS IS REQUIRED BY THE LAW. YOU ARE REMINDED, HOWEVER, THAT ANY STATEMENTS BY THE ATTORNEYS IN THIS CASE ARE NOT EVIDENCE AND SHOULD NOT BE CONSIDERED BY YOU AS SUCH. MISS CLARK, YOU HAVE TEN MINUTES.

OPENING STATEMENT (REOPENED)

2

BY MS. CLARK:

3 THE JURY:

GOOD MORNING.

4 MS. CLARK:

MR. COCHRAN MADE SOME COMMENTS ABOUT -- FIRST OF ALL, I'M GOING TO TALK ABOUT A VIDEOTAPE THAT HAS OUTTAKES OF THE DEFENDANT MAKING AN EXERCISE VIDEO, AND MR. COCHRAN MADE SOME COMMENTS TO YOU ABOUT THE DEFENDANT'S ALLEGED ARTHRITIC CONDITION. ACCORDING TO HIM THE DEFENDANT'S ARTHRITIC CONDITION BECAME ACUTE SOMETIME AFTER HE HAD PLAYED GOLF AND AFTER HE HAD BEEN SWINGING THE GOLF CLUB ON THE EVENING OF JUNE THE 12TH AT 10:00 P.M. HE SAID AT THAT POINT, AFTER THAT, THE ARTHRITIC CONDITION BECAME ACUTE. MR. COCHRAN TOLD YOU THAT THE DEFENDANT'S PHYSICAL CAPABILITIES ARE VERY LIMITED AS A RESULT OF THAT CONDITION. THE PROSECUTION WILL SHOW YOU EVIDENCE TO THE CONTRARY. WE WILL SHOW YOU OUTTAKES OF AN EXERCISE VIDEOTAPE WHICH WAS MADE BY THE DEFENDANT ONLY TWO WEEKS BEFORE THE MURDERS. WE WILL SHOW YOU A PORTION OF THAT VIDEOTAPE TO DEMONSTRATE JUST WHAT THE DEFENDANT'S PHYSICAL CAPABILITIES REALLY WERE ON THE EVENING OF JUNE THE 12TH, 1994.

IN IT YOU WILL SEE THE DEFENDANT, JUST TWO WEEKS BEFORE THE MURDERS, THAT HE WEIGHED 215 POUNDS, WHICH IS WHAT HE WEIGHED FIFTEEN YEARS AGO, THAT THE DEFENDANT PRIDED HIMSELF IN THAT TAPE ON BEING IN GOOD PHYSICAL CONDITION. YOU WILL SEE HIM DOING PUSH-UPS. YOU WILL SEE HIM LIFTING HIS ARMS OVERHEAD, YOU WILL SEE HIM STRETCHING, REACHING, THROWING JABS AND UPPERCUTS AND HE DOES THAT FOR SEVERAL MINUTES IN THIS TAPE. YOU WILL SEE HIM DOING TRUNK TWISTS. AND THIS TAPE TOOK HOURS TO MAKE AND THAT HE CAME BACK AFTER THAT DAY, WENT BACK THE NEXT DAY AND SPENT A LOT MORE TIME DOING THAT VERY SAME THING. WE ARE GOING TO SHOW YOU THAT TAPE DURING THE COURSE OF THIS TRIAL. SECOND OF ALL, COUNSEL MADE REFERENCE TO THE FACT THAT -- TO A STATEMENT THAT HOWARD WEITZMAN, WHO WAS THEN THE DEFENDANT'S ATTORNEY, WAS NOT PERMITTED TO BE PRESENT DURING THE INTERVIEW WITH THE POLICE OFFICERS ON JUNE THE 13TH. AND YOU WERE TOLD BY COUNSEL THAT THEY REFUSED, THE POLICE OFFICERS ACTUALLY REFUSED TO ALLOW MR. WEITZMAN TO REMAIN WITH THE DEFENDANT DURING THAT INTERVIEW. THAT IS COMPLETELY WRONG. AND IN FACT WHAT THE EVIDENCE WILL SHOW IS THAT THE DETECTIVES ASKED MR. WEITZMAN TO STAY FOR THE INTERVIEW, BUT THAT HE DECLINED TO DO SO, STATING THAT HE WOULD PREFER TO GO OUT TO LUNCH AND THAT PRIOR TO THAT INTERVIEW HE HAD HAD APPROXIMATELY HALF AN HOUR ALONE WITH MR. SIMPSON TO TALK TO HIM, AFTER WHICH HE SAID, "GO AHEAD," WENT OUT TO LUNCH, AND THAT IS WHAT THE EVIDENCE WILL SHOW. AND THAT WAS AFTER THE DETECTIVES INVITED HIM TO COME IN AND SIT DURING THE INTERVIEW WITH HIM. NOW, LASTLY, YOU HEARD MR. COCHRAN TALK TO YOU ABOUT A WITNESS NAMED MARY ANNE GERCHAS. NOW, HE TOLD YOU ABOUT THIS WITNESS, HE SAID IT WAS A VERY IMPORTANT WITNESS, HE DISCUSSED AT SOME LENGTH WHAT SHE WOULD TESTIFY TO, TELLING YOU THAT SHE CLAIMED TO HAVE SEEN FOUR MEN ON THE NIGHT OF THE MURDERS, AT LEAST TWO OF WHOM WERE HISPANIC, AT LEAST ONE OR TWO OF WHOM WERE WEARING A KNIT CAP, THAT SHE STATED SHE SAW THEM POSSIBLY RUNNING FROM THE AREA OF NICOLE SIMPSON'S CONDO ON THE NIGHT OF THE MURDERS. NOW, YOU WILL BE HEARING A LOT MORE ABOUT MISS GERCHAS DURING THE COURSE OF THIS TRIAL, BUT RIGHT NOW I AM JUST GOING TO ADDRESS A FEW POINTS THAT THE EVIDENCE WILL SHOW THAT MR. COCHRAN DIDN'T TELL YOU ABOUT. FOR EXAMPLE, SHE SPOKE TO HER FRIEND SHEILA CARTER THE DAY AFTER THE MURDERS OF RON AND NICOLE. SHE TOLD HER FRIEND, SHEILA CARTER, THAT SHE WAS NOT EVEN AT BUNDY ON THE NIGHT OF THE MURDERS. MARY ANNE GERCHAS HAD PLANNED TO GO AND LOOK FOR AN APARTMENT ON BRENTWOOD ON THE NIGHT OF THE MURDERS ON JUNE THE 12TH. THE NEXT DAY SHE SPOKE TO SHEILA CARTER AND SAID SHE DID NOT GO TO BRENTWOOD ON THAT NIGHT AND SHE WAS GLAD BECAUSE THERE HAD BEEN MURDERS COMMITTED THERE THE NIGHT BEFORE. BUT MISS CARTER IS ALSO GOING TO TELL YOU SOMETHING ELSE. IN ADDITION TO THE FACT THAT SHE WILL TELL YOU THAT MISS GERCHAS TOLD HER SHE DID NOT GO TO BRENTWOOD ON THE NIGHT OF THE MURDERS, SHE IS ALSO GOING TO TELL YOU SOMETHING VERY IMPORTANT ABOUT MISS GERCHAS' CREDIBILITY. SHE WILL TELL YOU ABOUT A STATEMENT WHICH PROVES THAT MISS GERCHAS IS ONE OF THESE PEOPLE WHO COMES OUT OF THE WOODWORK IN HIGH-PROFILE CASES SO THEY CAN GET INVOLVED. AND HERE IS WHAT MISS CARTER WILL TELL YOU: MISS GERCHAS WAS OBSESSED WITH THIS CASE AND SHE TALKED AS IF SHE KNEW THE DEFENDANT PERSONALLY. SHE SAID THAT MISS CARTER WOULD SEND HER TO THE STORE TO BUY EVERY ENQUIRER, EVERY STAR AND EVERY TABLOID PERTAINING TO THIS CASE, ANYTHING THAT TALKED ABOUT THE SIMPSON CASE. SHE WOULD READ IT ALL AND SHE WOULD SAVE IT AND TALK ABOUT THE CASE CONSTANTLY. BUT SHE SOMEHOW NEVER TOLD ANYONE THAT SHE HAD BEEN ON BUNDY ON THE NIGHT OF THE MURDERS UNTIL THE TIME THAT ROBERT SHAPIRO STARTED THE HOTLINE REQUESTING THAT ANYONE WITH INFORMATION COME FORWARD AND CALL THAT HOTLINE NUMBER. AND IT WAS RIGHT AROUND THAT TIME THAT HE PUT OUT THE HOTLINE NUMBER THAT MARY ANNE GERCHAS STARTED TO SAY, WELL, MAYBE I WAS DRIVING BY THAT AREA, MAYBE I DID SEE SOMETHING. MR. COCHRAN ACCUSED US OF NOT TELLING YOU ABOUT HER AND WE DIDN'T BECAUSE WE DIDN'T KNOW ABOUT HER. AND IF YOU BELIEVE HER, SHE ASKED THE DEFENSE ATTORNEYS IF THEY WOULD TELL US ABOUT HER AND THEY SAID THEY WOULD. SHE SPOKE TO ROBERT SHAPIRO AND SHAPIRO'S PEOPLE TOLD HER NOT TO TALK TO ANYONE ABOUT HER STATEMENT, AND WHEN THEY FINISHED TAKING HER STATEMENT, THEY TOLD HER THEY WEREN'T GOING TO USE HER AS A WITNESS. THEY SPENT HOURS INTERVIEWING HER BACK ON JULY 10TH AND JULY 12 OF 1994 AND THEY NEVER TOLD US ABOUT HER. NOW THAT JURY INSTRUCTION COUNSEL SHOWED YOU ABOUT CREDIBILITY OF WITNESSES APPLIES TO ALL WITNESSES, LADIES AND GENTLEMEN. THE EVIDENCE WILL SHOW THAT MARY ANNE GERCHAS IS A KNOWN LIAR AND A SIMPSON CASE GROUPIE. THANK YOU FOR KEEPING AN OPEN MIND AND LISTENING TO ALL THE EVIDENCE.

5 MR. COCHRAN:

MAY WE APPROACH, YOUR HONOR?

6 THE COURT:

YES, PLEASE.

Temperature

tense

Key Quotes (4)

Marcia Clark
THE EVIDENCE WILL SHOW THAT MARY ANNE GERCHAS IS A KNOWN LIAR AND A SIMPSON CASE GROUPIE.
Unusually blunt characterization of a defense witness during opening — signals prosecution's intent to aggressively undermine the defense's four-men-at-Bundy theory before it could take hold with the jury.
Marcia Clark
HE DECLINED TO DO SO, STATING THAT HE WOULD PREFER TO GO OUT TO LUNCH.
Direct contradiction of Cochran's claim that police excluded Weitzman from the June 13 interview — prosecution reframes it as Weitzman voluntarily leaving, undermining a key defense narrative about coercive interrogation.
Marcia Clark
YOU WILL SEE HIM DOING PUSH-UPS. YOU WILL SEE HIM LIFTING HIS ARMS OVERHEAD, YOU WILL SEE HIM STRETCHING, REACHING, THROWING JABS AND UPPERCUTS AND HE DOES THAT FOR SEVERAL MINUTES IN THIS TAPE.
Vivid, concrete rebuttal to the defense's arthritis narrative — anchors the jury's mental image of OJ's physical capacity just two weeks before the murders.
Marcia Clark
SHE SOMEHOW NEVER TOLD ANYONE THAT SHE HAD BEEN ON BUNDY ON THE NIGHT OF THE MURDERS UNTIL THE TIME THAT ROBERT SHAPIRO STARTED THE HOTLINE.
Prosecution ties Gerchas's emergence as a witness directly to the defense's own hotline solicitation, suggesting she was a manufactured or opportunistic witness.

Evidence (2)

Informal
Exercise videotape outtakes showing OJ doing push-ups, jabs, uppercuts, trunk twists — filmed approximately two weeks before the murders
previewed in opening, promised for trial
Informal
Statement by Sheila Carter (friend of Mary Anne Gerchas) that Gerchas told her the day after the murders she had NOT been at Bundy that night
discussed, witness testimony promised

Notable Exchanges (1)

Marcia ClarkJohnnie Cochran
Immediately after Clark's reopened statement concluded, Cochran requested to approach the bench — likely to object to the characterization of Gerchas or the framing of the Weitzman incident.
strategic

Credibility Attacks (2)

⚔ Mary Anne Gerchas
prior inconsistent statement, bias, motive to fabricate
Clark used friend Sheila Carter's anticipated testimony to show Gerchas told Carter she wasn't at Bundy the night of the murders, and that her story only emerged after the Shapiro hotline — painting her as a tabloid-obsessed case groupie who invented her account.
⚔ Howard Weitzman (indirect — defense narrative attacked)
factual rebuttal
Clark directly contradicted Cochran's claim that police refused to let Weitzman attend the June 13 interview, asserting the detectives invited him and Weitzman chose to go to lunch instead.

Objections

None recorded
Proceeding 4505 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 31, 1995 📄 Opening statement reopening
JAN 31, 1995 KRT DvH TD