Direct examination of Arnelle Simpson (part 5)

📄 Direct examination of Arnelle Simpson (part 5) — Monday, July 10, 1995

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C:\DEPT103\CRIMINAL\1995\JUL\10\DIRECT-EXAMINATION-OF-ARNELLE-.DOC

TRIAL

▲ Day 111 of 167

◀ Direct examination of Arnelle Simpson (part 4) Sidebar: Evidence Code 402 ▶

Witness: Arnelle Simpson
Examiner: Johnnie Cochran
Called by: Defense • Date: Monday, July 10, 1995 • Utterances: 159

Johnnie Cochran continued direct examination of Arnelle Simpson, covering the timeline of Nicole Brown Simpson's visits to Rockingham, OJ Simpson's arthritis (knees and wrists) as the reason he stopped playing tennis years before the murders, the Bronco's typical parking locations and who drove it, and the gate opener system across three cars. The examination ends abruptly with a sidebar request, suggesting sensitive material ahead.

# 1 MR. COCHRAN:

Did the children have a pool when they were at Gretna Green?

# 2 MS. SIMPSON:

Yes.

# 3 MR. COCHRAN:

Was there a pool there?

# 4 MS. SIMPSON:

Yes, yes.

# 5 MR. COCHRAN:

You went to both locations? You had been to Gretna Green and Bundy?

# 6 MS. SIMPSON:

Yes.

# 7 MR. COCHRAN:

All right. So she moved to Bundy then you said the end of the year, the first of `94; is that right?

# 8 MS. SIMPSON:

Yes.

# 9 MR. COCHRAN:

When was it, if you recall, that she started to come over and you described like sunning herself or bringing the kids over to use the pool? When in 1994 was that, if you recall.

# 10 MS. CLARK:

Objection, that misstates the testimony.

# 11 THE COURT:

Sustained. Rephrase the question.

# 12 MR. COCHRAN:

Certainly. You remember you testified about the fact that at some point after you moved back in that Nicole Brown Simpson would come over to the residence?

# 13 MS. SIMPSON:

Yes.

# 14 MR. COCHRAN:

And do you recall over what period of time did that occur, that she would come over and you would just look up and see her and the children there?

# 15 MS. SIMPSON:

End of March, beginning of April.

# 16 MR. COCHRAN:

All right. What year was that?

# 17 MS. SIMPSON:

`94.

# 18 MR. COCHRAN:

You would see her there during that period of time?

# 19 MS. SIMPSON:

Yes.

# 20 MR. COCHRAN:

All right. Was that at or about the time--are we talking about `94 or `93? That is what I'm not clear about.

# 21 MS. SIMPSON:

`94.

# 22 MR. COCHRAN:

You would see her in `94. She lived at Bundy at that point?

# 23 MS. SIMPSON:

Yes.

# 24 MR. COCHRAN:

Now, with regard when she and your dad started to go out together again, that had been the previous April and May of `93; is that correct?

# 25 MS. SIMPSON:

Yes.

# 26 MR. COCHRAN:

Am I right about that?

# 27 MS. SIMPSON:

Yes.

# 28 MR. COCHRAN:

All right. They continued then to go out off and on from April and May of `93 up until May of `94?

# 29 MS. SIMPSON:

Yes.

# 30 MS. CLARK:

Leading.

# 31 MR. COCHRAN:

I'm asking.

# 32 MS. SIMPSON:

Yes.

# 33 THE COURT:

Overruled. We've already testified to this, counsel.

# 34 MR. COCHRAN:

I'm just trying to make sure it is clear.

# 35 MS. SIMPSON:

You have to excuse me I'm a little confused with the years. It is the beginning of the `93 into `94.

# 36 MR. COCHRAN:

All right.

# 37 THE COURT:

But we have already gone over this.

# 38 MR. COCHRAN:

I just want to make sure it is clear. Thank you very kindly, your Honor.

# 39 MR. COCHRAN:

Now, with regard to the questions I asked you regarding this--this sweatsuit, specifically in the last two years have you seen your dad in any such sweatsuit, dark blue or black, that you recall?

# 40 MS. SIMPSON:

No.

# 41 MR. COCHRAN:

Does your dad play tennis any more?

# 42 MS. SIMPSON:

No.

# 43 MR. COCHRAN:

And do you know why he doesn't play tennis?

# 44 MS. CLARK:

Objection.

# 45 MR. COCHRAN:

Answer that yes or no, your Honor.

# 46 MS. CLARK:

Objection.

# 47 THE COURT:

If you know, yes or no.

# 48 MR. COCHRAN:

Do you know?

# 49 MS. SIMPSON:

Yes.

# 50 MR. COCHRAN:

Do you know whether he plays tennis?

# 51 (No audible response.)

# 52 MR. COCHRAN:

Do you know whether or not he plays tennis?

# 53 MS. SIMPSON:

Yes.

# 54 MR. COCHRAN:

And does he?

# 55 MS. SIMPSON:

No.

# 56 MR. COCHRAN:

Do you know why?

# 57 MS. SIMPSON:

Yes.

# 58 MS. CLARK:

Objection, hearsay, speculation, no foundation.

# 59 THE COURT:

Foundation.

# 60 MR. COCHRAN:

Foundation. Thank you, your Honor.

# 61 MR. COCHRAN:

Was there a period of time when your dad played tennis?

# 62 MS. SIMPSON:

Yes.

# 63 MR. COCHRAN:

And do you have a tennis court on the property there?

# 64 MS. SIMPSON:

Yes.

# 65 MR. COCHRAN:

As indicated by--on People's 66 for identification, you have a tennis court, don't you?

# 66 MS. SIMPSON:

Yes.

# 67 MR. COCHRAN:

There were times he played tennis?

# 68 MS. SIMPSON:

Yes.

# 69 MR. COCHRAN:

Did there come a time when he no longer played tennis?

# 70 MS. SIMPSON:

Yes.

# 71 MR. COCHRAN:

Do you know when that was, approximately, when he stopped playing tennis?

# 72 MS. SIMPSON:

Umm, during the time when I was in high school, somewhere in between I guess `84--`85 and `87.

KEY QUOTE

# 73 MR. COCHRAN:

Before you went off to college?

# 74 MS. SIMPSON:

Yes.

# 75 MR. COCHRAN:

And do you know where he stopped playing tennis?

# 76 MS. SIMPSON:

Yes.

# 77 MR. COCHRAN:

Why was that?

# 78 MS. CLARK:

Objection, your Honor. Same objection, no foundation, speculation.

# 79 THE COURT:

Overruled. You can answer the question.

# 80 MS. SIMPSON:

Due to his knees and wrists, his arthritis.

KEY QUOTE

# 81 MR. COCHRAN:

His knees and wrists?

# 82 MS. SIMPSON:

Yes.

# 83 MR. COCHRAN:

He has arthritis?

# 84 MS. SIMPSON:

Yes.

# 85 MR. COCHRAN:

Now, have you continued to maintain contact with your younger brother and sister?

# 86 MS. SIMPSON:

Yes.

# 87 MR. COCHRAN:

And how are they doing?

# 88 MS. CLARK:

Objection, your Honor.

# 89 THE COURT:

Sustained.

# 90 MR. COCHRAN:

We earlier talked about the fact that your dad had three cars that he drove; is that right?

# 91 MS. SIMPSON:

Yes.

# 92 MR. COCHRAN:

And with regard to one of the cars--I think we described as a Bronco; is that correct?

# 93 MS. SIMPSON:

Yes.

# 94 MR. COCHRAN:

And you described to us earlier that the other members of the family drove that Bronco; is that right?

# 95 MS. SIMPSON:

Yes.

# 96 MR. COCHRAN:

Would Mr. A.C. Cowlings ever drive the Bronco?

# 97 MS. SIMPSON:

Yes.

# 98 MR. COCHRAN:

Anybody else other than family members ever drive the Bronco?

# 99 MS. SIMPSON:

No.

# 100 MR. COCHRAN:

It would be family members or Mr. Cowlings?

# 101 MS. SIMPSON:

Uh-huh, yes.

# 102 MR. COCHRAN:

Yes?

# 103 (No audible response.)

# 104 MR. COCHRAN:

Do you remember--what about the housekeeper?

# 105 MS. SIMPSON:

No.

# 106 MR. COCHRAN:

Would she ever go to the market in the Bronco or any car?

# 107 MS. SIMPSON:

No.

# 108 MR. COCHRAN:

All right. Now, with regard to that Bronco, from the time that you lived there and specifically when you moved back, from March, 1993 to June of `94, during that time frame and even before that, when the Bronco was around, do you recall where the Bronco would normally be parked?

# 109 MS. SIMPSON:

Yes.

# 110 MR. COCHRAN:

Can you describe that for the Court and the jury?

# 111 MS. SIMPSON:

Umm, it would either be parked on Ashford or Rockingham.

KEY QUOTE

# 112 MR. COCHRAN:

And would there be any particular--you know, any particular reason why it would be parked at one location or the other?

# 113 MS. SIMPSON:

Yes.

# 114 MR. COCHRAN:

And why was that?

# 115 MS. SIMPSON:

Depending on who was driving it and what was in the car.

# 116 MR. COCHRAN:

All right. So it was parked either at Rockingham or an Ashford, either one of those locations; is that right?

# 117 MS. SIMPSON:

Yes.

# 118 MR. COCHRAN:

Do you recall the last time prior to June 12th of 1994 that you saw Nicole in the Bronco? Do you recall seeing her drive that Bronco, Miss Nicole Brown Simpson?

# 119 MS. SIMPSON:

Umm, no.

# 120 MR. COCHRAN:

You don't remember the last time?

# 121 MS. SIMPSON:

No.

# 122 MR. COCHRAN:

But you recall she drove it?

# 123 MS. SIMPSON:

Yes.

# 124 MR. COCHRAN:

You recall the children being in the Bronco?

# 125 MS. SIMPSON:

Yes.

# 126 MR. COCHRAN:

Do you recall seeing both dogs in the Bronco?

# 127 MS. SIMPSON:

Yes.

# 128 MR. COCHRAN:

When they--when Chubbs was buried, what implement was used or what instrument was used to dig the hole?

# 129 MS. SIMPSON:

A shovel.

# 130 MR. COCHRAN:

Was there some kind of a gate clicker that you needed to use when you were opening either one of the gates, either Ashford or Rockingham?

# 131 MS. SIMPSON:

Yes.

# 132 MR. COCHRAN:

And which gate would need one of those, I guess you call it, a gate opener?

# 133 MS. SIMPSON:

Both gates.

# 134 MR. COCHRAN:

How many gate openers did you have in the three cars that your father had?

# 135 MS. SIMPSON:

Three.

# 136 MR. COCHRAN:

And who had the gate openers?

# 137 MS. SIMPSON:

I had one, my father had one and Gigi had one.

KEY QUOTE

# 138 MR. COCHRAN:

So if he drove more than one car, would he have to either transport the gate opener because he only had one for each car; is that right?

# 139 MS. SIMPSON:

Yes.

# 140 MR. COCHRAN:

Each of these three cars did not have a gate opener?

# 141 MS. SIMPSON:

No.

# 142 MR. COCHRAN:

Is that right?

# 143 (No audible response.)

# 144 MR. COCHRAN:

Would that determine sometimes where you would park?

# 145 MS. SIMPSON:

Yes.

# 146 MR. COCHRAN:

When you came back that evening after 5:30 in the evening, did you see Kato Kaelin again that evening?

# 147 (No audible response.)

# 148 MR. COCHRAN:

If you recall?

# 149 THE COURT:

I take it you are talking about the 13th?

# 150 MR. COCHRAN:

The 13th, yes, your Honor.

# 151 MR. COCHRAN:

The 13th when you came back home and you were able to get back into your house, did you see Kato Kaelin at all that evening?

# 152 MS. SIMPSON:

Yes. Yes.

# 153 MR. COCHRAN:

Where was he, if you recall?

# 154 MS. SIMPSON:

He was in the living room--the TV room.

# 155 MR. COCHRAN:

Now, you have previously described for us how on occasions your father would discuss various things that were happening in his life with you. Do you recall that?

# 156 MS. SIMPSON:

Yes.

# 157 MR. COCHRAN:

May we approach, your Honor?

# 158 THE COURT:

Yes.

# 159 THE COURT:

With the court reporter, please.

Temperature

procedural

Key Quotes (4)

Arnelle Simpson

Due to his knees and wrists, his arthritis.

Defense establishing OJ's long-term physical limitations — directly relevant to the glove-fit argument and claims he could not have committed the murders.

Arnelle Simpson

Umm, it would either be parked on Ashford or Rockingham.

Establishes the Bronco's normal parking behavior, providing context to challenge prosecution's narrative about its position the night of the murders.

Arnelle Simpson

I had one, my father had one and Gigi had one.

Gate opener logistics — three cars, only one opener each — explains why parking location varied and who had access to move the Bronco.

Arnelle Simpson

Umm, during the time when I was in high school, somewhere in between I guess `84--`85 and `87.

Anchors OJ's arthritis and tennis cessation to a decade before the murders, making it a longstanding medical condition rather than a convenient excuse.

Evidence (1)

People's 66

Aerial diagram or photograph of the Rockingham property showing the tennis court

referenced to confirm tennis court location

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark repeatedly objected to Cochran asking why OJ stopped playing tennis — first on foundation, then hearsay/speculation. Ito ultimately overruled and allowed Arnelle to testify about the arthritis.

strategic

Johnnie Cochran•Arnelle Simpson

Cochran methodically walked through gate opener logistics — only one per car, so parking location depended on which car OJ was driving — building a mundane explanation for Bronco placement.

strategic

Witness Demeanor

(No audible response.) — multiple instances, suggesting hesitation or quiet answers

Arnelle volunteered a self-correction: 'You have to excuse me I'm a little confused with the years. It is the beginning of the `93 into `94.'

Objections

7 objections (3 sustained, 2 overruled)

Proceeding 6687 • 159 utterances • Defense witness

Criminal Trial

Department 103