Cross-examination of James Merrill

📄 Cross-examination of James Merrill — Thursday, July 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\13\CROSS-EXAMINATION-OF-JAMES-MER.DOC

TRIAL

▲ Day 114 of 167

◀ Session resumed Transition to redirect ▶

Witness: Jim Merrill
Examiner: Marcia Clark
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 376

Marcia Clark cross-examined Jim Merrill, a Hertz representative who picked up OJ Simpson at Chicago O'Hare airport around 3:34 AM on June 13, 1994. Clark methodically established that Simpson showed no physical limitations — he carried the heaviest bag (a 25-30 lb golf bag) roughly 75-100 feet without limping or complaining of pain. Clark also undermined the evidentiary value of Merrill's observations by showing he was driving and not looking for injuries, and used a defense investigator's own report to correct Merrill's testimony about the garment bag description.

# 1 MS. CLARK:

Thank you, your Honor.

CROSS-EXAMINATION BY MS. CLARK

# 2 MS. CLARK:

Good afternoon, Mr. Merrill.

# 3 MR. MERRILL:

Good afternoon, Miss Clark.

# 4 MS. CLARK:

All right. You indicated, sir, that you learned of the Defendant's planned attendance of this golf tournament one month prior?

# 5 MR. MERRILL:

Correct.

# 6 MS. CLARK:

When did you learn of the time of the flight arrival?

# 7 MR. MERRILL:

I would say approximately five days before.

# 8 MS. CLARK:

And you learned of that from Hertz?

# 9 MR. MERRILL:

Yes.

# 10 MS. CLARK:

You did not have any conversation with the Defendant's personal secretary?

# 11 MR. MERRILL:

No, I did not.

# 12 MS. CLARK:

Now, the flight arrived in Chicago at 5:34, that was Chicago time, correct?

# 13 MR. MERRILL:

Correct.

# 14 MS. CLARK:

And that would have been 3:34 in the morning our time?

# 15 MR. MERRILL:

Correct.

# 16 MS. CLARK:

Did you have any idea whether the Defendant had slept on the flight over or not?

# 17 MR. MERRILL:

No.

# 18 MR. DOUGLAS:

Calls for speculation, your Honor.

# 19 THE COURT:

Overruled. Answer will stand.

# 20 MS. CLARK:

And did you know whether the Defendant had been up since 5:30 to 6:00 A.M. the previous morning playing golf?

# 21 MR. MERRILL:

No.

# 22 MS. CLARK:

Now, according--I believe in your testimony, you indicated that the Defendant carried two pieces of luggage with him off the plane?

# 23 MR. MERRILL:

Yes.

# 24 MS. CLARK:

And those were a black garment bag and a black duffel bag?

# 25 MR. MERRILL:

Yes.

# 26 MS. CLARK:

And the black garment bag, would you describe that a little further for us?

# 27 MR. MERRILL:

Umm, it looked like it probably would hold one or two suits. It had the initials on the front, silver in color.

# 28 MS. CLARK:

Okay. Do you recall describing it earlier as being a black leather bag?

# 29 MR. MERRILL:

No, I do not. I think I described the duffel bag as being leather.

# 30 MS. CLARK:

Okay. You don't recall describing the duffel bag as being black leather?

# 31 MR. MERRILL:

No.

# 32 MS. CLARK:

Would it refresh your memory, sir, if I were to show you a report prepared apparently by Defense investigators on July the 3rd, 1994?

# 33 MR. MERRILL:

Yes. Sure.

# 34 MS. CLARK:

All right, sir. I'm going to direct your attention to the portion of this page where it says James Merrill. That's you, right?

# 35 MR. MERRILL:

Uh-huh. That is me.

# 36 MS. CLARK:

And the part that's highlighted here.

# 37 MR. MERRILL:

Huh, okay.

# 38 MS. CLARK:

Okay. Does that refresh your recollection, sir?

# 39 MR. MERRILL:

Yes.

# 40 MS. CLARK:

And did you in fact tell the Defense investigators that you were--you observed the Defendant to be carrying a black leather garment bag over his shoulder and a small black carry-on bag in his left hand?

# 41 MR. MERRILL:

Yes.

# 42 MS. CLARK:

And is that indeed what you recall, sir?

# 43 MR. MERRILL:

Uh, I think there might have been some confusion on that. I remember seeing the black duffel bag. The garment bag, I had no idea what that was made of.

# 44 MS. CLARK:

Okay. Do you have any independent recollection of that today, sir?

# 45 MR. MERRILL:

Well, it was a year ago. So not as fresh as it was obviously last year.

# 46 MS. CLARK:

Okay. Now, you gave that statement to the Defense investigator back on June the 23rd, correct?

# 47 MR. MERRILL:

Correct.

# 48 MS. CLARK:

And that was 1994?

# 49 MR. MERRILL:

That was 1994.

# 50 MS. CLARK:

All right. And so your memory, would you say it was fresher then than it is now of the events that transpired on June the 13th?

# 51 MR. MERRILL:

Yes.

# 52 MS. CLARK:

So when you gave the description of a black garment bag as being a black leather garment bag, that was your freshest recollection of what you saw?

# 53 MR. MERRILL:

Yes.

# 54 MS. CLARK:

And when you saw the Defendant, he was carrying then the black duffel bag in his left hand?

# 55 MR. MERRILL:

Yes.

# 56 MS. CLARK:

And I think you indicated for Mr. Douglas earlier that this appeared to be that bag, correct?

# 57 MR. MERRILL:

That's correct.

# 58 MS. CLARK:

So he was carrying this in his left hand and a garment bag over his right shoulder?

# 59 MR. MERRILL:

Over his shoulder.

# 60 THE COURT:

All right. Mr. Merrill, would you allow Miss Clark to finish asking her question before you start to answer just so the court reporter--

# 61 MR. MERRILL:

Yes.

# 62 THE COURT:

Like we just did. Also, Miss Clark, would you identify the item that you just showed to Mr. Merrill?

# 63 MS. CLARK:

Yes, your Honor. People's--excuse me. Defense 1064, the duffel bag, which the witness has indicated appears to be.

# 64 MS. CLARK:

And I'm going to show you 1065, sir. If you could tell us if this appears to be the garment bag you were referring to when you were describing it to Mr. McKenna, the Defense investigator, back on June 23rd, 1994?

# 65 MR. MERRILL:

That appears to be it, yes.

# 66 MS. CLARK:

And was this the bag that he was carrying over his right shoulder, sir?

# 67 MR. MERRILL:

Yes.

# 68 MS. CLARK:

Kind of as I am now (Indicating)?

# 69 MR. MERRILL:

Correct.

# 70 MS. CLARK:

For the record, I have my hand up bent at the elbow of my right shoulder with a duffel bag behind my shoulder behind my back.

# 71 THE COURT:

Garment bag. Yes.

# 72 MS. CLARK:

Garment bag. Thank you.

# 73 MS. CLARK:

Now, at the time you saw him carrying this, sir, was it empty like this?

# 74 MR. MERRILL:

No.

# 75 MS. CLARK:

Appeared to be full?

# 76 MR. MERRILL:

Yes. It appeared to have one suit in it.

# 77 MS. CLARK:

Could you tell if it had one or two suits in it?

# 78 MR. MERRILL:

Uh, hard to tell.

# 79 MS. CLARK:

And with respect to this duffel bag, was it empty like it is now?

# 80 MR. MERRILL:

No.

# 81 MS. CLARK:

Appear to be full?

# 82 MR. MERRILL:

Yes.

# 83 MS. CLARK:

Was there any other bag that he was carrying, sir?

# 84 MR. MERRILL:

Those were the only two that he had with him when he got off the plane that I recall.

# 85 MS. CLARK:

When he came towards you after he got off the flight, he was--you met him at the gate, correct?

# 86 MR. MERRILL:

I met him as he exited the plane.

# 87 MS. CLARK:

Okay. You watched him walk toward you?

# 88 MR. MERRILL:

Yes.

# 89 MS. CLARK:

Did he appear to limp?

# 90 MR. MERRILL:

Uh, not that I noticed. I noticed that he was--had--a little bow-legged, but that's about it.

# 91 MS. CLARK:

Okay. That--I mean, I'm not talking about the shape of his legs.

# 92 MR. MERRILL:

Right.

# 93 MS. CLARK:

I'm just saying the manner in which he walked.

# 94 MR. MERRILL:

No, I didn't notice a limp.

# 95 MS. CLARK:

Did he appear to be grimacing in pain as he carried the garment bag over his right shoulder and the duffel bag in his left hand?

# 96 MR. MERRILL:

Not that I remember, no.

# 97 MS. CLARK:

When you first met with him, you shook hands, correct?

# 98 MR. MERRILL:

Yes.

# 99 MS. CLARK:

Shook his right hand?

# 100 MR. MERRILL:

Shook his right hand.

# 101 MS. CLARK:

And his left hand was gripping the duffel bag?

# 102 MR. MERRILL:

Right. Right. He put the garment bag into his left hand.

# 103 MS. CLARK:

Okay. So you could not see his left hand as it was obscured carrying the duffel bag?

# 104 MR. MERRILL:

At that point, yes.

# 105 MS. CLARK:

And then you went over to the baggage claim area, correct?

# 106 MR. MERRILL:

Correct.

# 107 MS. CLARK:

You sat next to each other?

# 108 MR. MERRILL:

Yes.

# 109 MS. CLARK:

What side of him did you sit on if you recall?

# 110 MR. MERRILL:

I sat on his left side.

# 111 MS. CLARK:

Okay. And when you were sitting on his left side, you were speaking to him and you were looking at him; is that correct?

# 112 MR. MERRILL:

That's correct.

# 113 MS. CLARK:

Were you looking down to look at what his left hand was doing?

# 114 MR. MERRILL:

No. I wasn't focusing on the left hand, no.

# 115 MS. CLARK:

Okay. And people came over to ask for his autograph, correct?

# 116 MR. MERRILL:

Correct.

# 117 MS. CLARK:

And he signed with what hand?

# 118 MR. MERRILL:

With his right hand, if I remember correct.

# 119 MS. CLARK:

Now, he interacted with each of those people that asked for his autograph?

# 120 MR. MERRILL:

Yes, he did.

# 121 MS. CLARK:

How long did he interact with each of those people?

# 122 MR. MERRILL:

Oh, maybe 30 seconds each.

# 123 MS. CLARK:

Right. Just long enough to say hi, sign?

# 124 MR. MERRILL:

Right. How are you? There was a few other people--a few people that lingered longer, but that's about it.

# 125 MS. CLARK:

And during that time, sir--you were in an airport, correct?

# 126 MR. MERRILL:

That's correct.

# 127 MS. CLARK:

Lots of people around.

# 128 MR. MERRILL:

Actually, I've never seen O'Hare as unfull as I did at that point. It was awfully early.

# 129 MS. CLARK:

Okay. But you said 15 to 20 people came up to him.

# 130 MR. MERRILL:

Yes.

# 131 MS. CLARK:

Okay. So there were at least 15 or 20 people around?

# 132 MR. MERRILL:

Oh, yeah.

# 133 MS. CLARK:

Were there more than that around?

# 134 MR. MERRILL:

Yes.

# 135 MS. CLARK:

Can you estimate for us how many people were around?

# 136 MR. MERRILL:

In the baggage claim area itself? Oh, boy. Maybe 75, 100.

# 137 MS. CLARK:

Okay.

# 138 MR. MERRILL:

It's a guesstimate.

# 139 MS. CLARK:

So 75 to a hundred people were around at the time, correct?

# 140 MR. MERRILL:

Correct.

# 141 MS. CLARK:

He's a celebrity; isn't that right?

# 142 MR. MERRILL:

Yes.

# 143 MS. CLARK:

And he was a spokesperson for Hertz corporation, correct?

# 144 MR. MERRILL:

That's correct.

# 145 MS. CLARK:

And he's one of the celebrities that you advertise as being in the golf tournament. It's a draw for your company, isn't it?

# 146 MR. MERRILL:

That's right.

# 147 MS. CLARK:

And spokespeople are paid to be affable and charming and look good and present a good public image on behalf of Hertz, aren't they?

# 148 MR. MERRILL:

Yes.

# 149 MS. CLARK:

That's his job, correct?

# 150 MR. MERRILL:

Correct.

# 151 MS. CLARK:

And if he didn't do that, he wouldn't be very good, would he?

# 152 MR. DOUGLAS:

Objection. Speculation, argumentative.

# 153 THE COURT:

Over--sustained.

# 154 MS. CLARK:

Now, when you were at the baggage claim area, you sat there you said for about 10 minutes?

# 155 MR. MERRILL:

Approximately, yes.

# 156 MS. CLARK:

And during that time, people were coming up, asking for autographs, et cetera, correct?

# 157 MR. MERRILL:

Correct.

# 158 MS. CLARK:

And basically, were they coming up and doing that for the entire 10 minutes that you were with him?

# 159 MR. MERRILL:

Yeah. Basically from the point we sat down.

# 160 MS. CLARK:

So you really didn't have any time alone with him. Is that a fair statement?

# 161 MR. MERRILL:

Not at that point, no.

# 162 MS. CLARK:

Now, when the baggage arrived on the carousel--

# 163 MR. MERRILL:

Uh-huh.

# 164 MS. CLARK:

--what was--what was it that he picked up from that area?

# 165 MR. MERRILL:

Umm, he walked over and picked up the golf bag.

# 166 MS. CLARK:

Okay. And was that the only item that came?

# 167 MR. MERRILL:

That was the only item I saw. I was carrying his other bags. I didn't--I just noticed the big black golf bag.

# 168 MS. CLARK:

And when you say that you were carrying the other bags, what other bags were you carrying?

# 169 MR. MERRILL:

I was carrying the garment bag and the duffel bag.

# 170 MS. CLARK:

Okay. When you say the garment bag, you refer to people--Defense 1065, the one I just showed you, the black garment bag?

# 171 MR. MERRILL:

Correct.

# 172 MS. CLARK:

And the duffel bag, the black one I just showed you, Defense 1064?

# 173 MR. MERRILL:

Correct.

# 174 MS. CLARK:

You did not see any small dark knapsack type bag?

# 175 MR. MERRILL:

I did not.

# 176 MS. CLARK:

And you said that the Defendant picked up the golf clubs, sir?

# 177 MR. MERRILL:

Yes.

# 178 MS. CLARK:

He didn't ask for you to do it?

# 179 MR. MERRILL:

No.

# 180 MS. CLARK:

Have you ever picked up golf clubs before, sir?

# 181 MR. MERRILL:

Many times.

# 182 MS. CLARK:

Do you play golf?

# 183 MR. MERRILL:

Yes, I do. Not very good.

# 184 MS. CLARK:

Pardon?

# 185 MR. MERRILL:

Not very good, but I play.

# 186 MS. CLARK:

All right. I'd like for you to pick up these golf clubs for me. Tell us how heavy that is.

# 187 MR. MERRILL:

I'd say 25, 30 pounds, maybe more.

# 188 MS. CLARK:

Can you pick it up? Can you tell us how the Defendant carried it on June the 13th, 1994?

# 189 MR. MERRILL:

He put it on his back and carried it out the door.

KEY QUOTE

# 190 MS. CLARK:

Did he have that strap over his shoulder?

# 191 MR. MERRILL:

Yes.

# 192 MS. CLARK:

Now, that particular bag, sir--

# 193 MS. CLARK:

And it's been marked, hasn't it?

# 194 THE COURT:

Yes. This is the Swiss army brand.

# 195 MS. CLARK:

Defense 1063?

# 196 THE COURT:

1063.

# 197 MS. CLARK:

Of the three bags that you've described, that golf bag there, sir, and the garment bag, 1065, and the duffel bag, 1064, which one was the heaviest?

# 198 MR. MERRILL:

I would say the duffel bag.

# 199 MS. CLARK:

The duffel bag was the heaviest?

# 200 MR. MERRILL:

The best of my memory. The heaviest of three bags?

# 201 MS. CLARK:

Yes.

# 202 MR. MERRILL:

Oh, well, the golf bag.

# 203 MS. CLARK:

Okay. So the Defendant carried the heaviest bag; is that right?

KEY QUOTE

# 204 MR. MERRILL:

That's correct.

# 205 MS. CLARK:

And when he carried that bag, he carried it out to your car?

# 206 MR. MERRILL:

Yes.

# 207 MS. CLARK:

How far was your car from where you--he picked up the golf bag at the carousel?

# 208 MR. MERRILL:

Oh, I would say 50--well, 75 to a hundred feet.

# 209 MS. CLARK:

75 to a hundred feet he carried that golf bag?

# 210 MR. MERRILL:

Yes.

# 211 MS. CLARK:

Did he limp during the carrying of that golf bag?

# 212 MR. MERRILL:

Not that I noticed, no.

# 213 MS. CLARK:

Did he complain about pain in his arms or his shoulder as he carried that golf bag 75 to a hundred feet?

# 214 MR. MERRILL:

No.

# 215 MS. CLARK:

And did he put that golf bag into the trunk of the car?

# 216 MR. MERRILL:

He handed it to Bombay who helped him put it in the trunk.

# 217 MS. CLARK:

So there was someone standing by there ready to load up the luggage in the trunk?

# 218 MR. MERRILL:

Correct.

# 219 MS. CLARK:

But the Defendant carried that golf bag by himself without asking for your assistance?

# 220 MR. MERRILL:

That's correct.

# 221 MS. CLARK:

And he gave you the lighter bags to carry, correct?

# 222 MR. MERRILL:

He didn't give them to me. I picked them up as he walked up to the carousel.

# 223 MS. CLARK:

Because he went to pick up the golf clubs himself?

# 224 MR. MERRILL:

Correct.

# 225 MS. CLARK:

Didn't ask you to do that, carry the golf clubs?

# 226 MR. MERRILL:

No. No.

# 227 MS. CLARK:

All right. Now, you've indicated you drove him to the hotel; is that correct?

# 228 MR. MERRILL:

That's correct.

# 229 MS. CLARK:

You were driving?

# 230 MR. MERRILL:

I was driving.

# 231 MS. CLARK:

So you were not watching him. You were watching the road. Is that a fair statement?

# 232 MR. MERRILL:

Yes.

# 233 MS. CLARK:

And there was a third person in the car, shah Bombay?

# 234 MR. MERRILL:

No.

# 235 MS. CLARK:

It was just the two of you?

# 236 MR. MERRILL:

It was just he and i.

# 237 MS. CLARK:

And you had the radio on?

# 238 MR. MERRILL:

It wasn't blaring, but yes, it was on.

# 239 MS. CLARK:

I meant, there was music on?

# 240 MR. MERRILL:

Yes.

# 241 MS. CLARK:

You were listening to music?

# 242 MR. MERRILL:

That's correct.

# 243 MS. CLARK:

All right. So were you trying to see if he had any injuries to his hands, his face, cuts or bruises?

# 244 MR. MERRILL:

No.

# 245 MS. CLARK:

You had no idea that there had been two murders committed the night before?

# 246 MR. MERRILL:

Absolutely, no. Absolutely not.

# 247 MS. CLARK:

And you had no reason to believe that he was injured for any reason at that time?

# 248 MR. MERRILL:

No.

# 249 MS. CLARK:

So as you were driving the car and I presume watching the road, correct?

# 250 MR. MERRILL:

That's correct.

# 251 MS. CLARK:

You had very limited opportunity to observe his hands or his face. Would that be a fair statement?

# 252 MR. MERRILL:

Well--

# 253 MR. DOUGLAS:

Argumentative, vague, your Honor.

# 254 THE COURT:

Sustained. It's vague. Rephrase the question. It's also compound.

# 255 MS. CLARK:

All right. You were driving the car and you were watching the road. Is that a fair statement?

# 256 MR. MERRILL:

That's correct.

# 257 MS. CLARK:

Were you looking to see whether--the details of his hands, his fingers or his face?

# 258 MR. DOUGLAS:

It's compound, your Honor.

# 259 THE COURT:

It is.

# 260 MS. CLARK:

Okay. I'm sorry. Were you looking to see the details of his fingers?

# 261 MR. MERRILL:

No.

# 262 MS. CLARK:

Were you looking to see if he was injured?

# 263 MR. MERRILL:

No.

# 264 MS. CLARK:

Now, I think you were asked by Mr. Douglas whether you recall seeing a Louis Vuitton garment bag in his possession that day?

# 265 MR. MERRILL:

Correct.

# 266 MS. CLARK:

How big is a garment bag usually, sir?

# 267 MR. MERRILL:

Umm, well, it depends on what you buy. Some of them are large. Can be four feet, three and a half to four feet in length and others are short, basically the size of a coat, of a jacket.

# 268 MS. CLARK:

And the length of a jacket, what was that? About two, three feet?

# 269 MR. MERRILL:

Approximately, yeah.

# 270 MS. CLARK:

All right. So the smallest it could be would be about three feet. Would that be a fair statement, short in length?

# 271 MR. MERRILL:

Yes.

# 272 MS. CLARK:

And you said you did not recall seeing a Louis Vuitton garment bag in the Defendant's possession on that day?

# 273 MR. MERRILL:

Not that I recall, no.

# 274 MS. CLARK:

And you also did not recall seeing any cuts or bruises on the Defendant's hand that day?

# 275 MR. MERRILL:

That's correct.

# 276 MS. CLARK:

And now, I'm going to show you a photograph that Mr. Douglas showed you.

# 277 MS. CLARK:

Carl, do you have it? Oh, it's there.

# 278 (Discussion held off the record between the Deputy District Attorneys.)

# 279 THE COURT:

All right. Miss Clark you put up People's--

# 280 MS. CLARK:

That is--

# 281 THE COURT:

Is it 120--

# 282 MS. CLARK:

--3? 123.

# 283 THE COURT:

123.

# 284 MS. CLARK:

All right, sir. We are showing you People's 123 again. Let me ask you a couple questions about that. First of all, the cut that you see there, do you think it's as long as an inch?

# 285 MR. MERRILL:

It looks like it, yes.

# 286 MS. CLARK:

Could it be as small as half an inch?

# 287 MR. MERRILL:

Umm, he's got pretty big hands. I don't know. Maybe.

# 288 MS. CLARK:

Now, if you didn't notice a garment bag that's at least three feet high--

# 289 MR. MERRILL:

Uh-huh.

# 290 MS. CLARK:

--do you think you would notice a little half inch cut on someone's finger?

# 291 MR. DOUGLAS:

Objection. Argumentative.

# 292 THE COURT:

Sustained.

# 293 MS. CLARK:

Let me ask you something else then, sir. This photograph that you see before you here was taken in the afternoon of June the 13th.

# 294 MR. MERRILL:

Uh-huh.

# 295 MS. CLARK:

Looking at this photograph, can you tell us whether that is the reopened cut that had been suffered on June the 12th?

# 296 MR. MERRILL:

Well, I'm not a doctor. I--

# 297 MR. DOUGLAS:

Objection. Speculation.

# 298 THE COURT:

Sustained. Foundation.

# 299 (Discussion held off the record between the Deputy District Attorneys.)

# 300 MS. CLARK:

Okay. Thanks, Howard.

# 301 MS. CLARK:

All right. You can't tell us whether there were any cuts on his finger on June the 12th, just that you didn't see any, correct?

# 302 MR. MERRILL:

That's correct.

# 303 MS. CLARK:

You indicated he called you again then in the morning of June the 13th. After you dropped him off at the hotel, you heard back from him again at 8:25 Chicago time, correct?

# 304 MR. MERRILL:

That's correct.

# 305 MS. CLARK:

That would have been 6:25 California time; is that right?

# 306 MR. MERRILL:

Correct.

# 307 MS. CLARK:

And how long was it after you dropped him off that you got that first call?

# 308 MR. MERRILL:

Oh, approximately two hours.

# 309 MS. CLARK:

And how long did you speak to him that first time?

# 310 MR. MERRILL:

That first time was very short. 15 seconds.

# 311 MS. CLARK:

Let me back up for a minute, sir. When you were at the airport with the Defendant and you said all those people came over and asked him for his autograph, did he show any difficulty in signing the autographs?

# 312 MR. MERRILL:

Not that I saw, no.

# 313 MS. CLARK:

And this golf tournament, this is part--was this part of his contract? This is an obligation that he had to Hertz corporation?

# 314 MR. DOUGLAS:

No foundation.

# 315 THE COURT:

Sustained.

# 316 MS. CLARK:

If you know, sir, was the Defendant back in June of `94 under contract with Hertz corporation?

# 317 MR. MERRILL:

I'm really not sure--

# 318 MR. DOUGLAS:

Based on hearsay, your Honor.

# 319 THE COURT:

Overruled. You can answer the question.

# 320 MR. MERRILL:

Umm, I assume so. I assume so. That's really out of my hands.

# 321 MR. DOUGLAS:

Move to strike.

# 322 THE COURT:

Overruled.

# 323 MS. CLARK:

Is the appearance at golf--that annual golf tournament an obligation that he has to Hertz corporation to the best of your knowledge?

# 324 MR. MERRILL:

To the best of my knowledge, I would say yes.

# 325 MS. CLARK:

All right. I'm sorry. The first phone call you had with the Defendant at 8:25, he called you on your cell phone?

# 326 MR. MERRILL:

On my cellular phone.

# 327 MS. CLARK:

How long was that telephone conversation?

# 328 MR. MERRILL:

15 seconds.

# 329 MS. CLARK:

And the second call was how long?

# 330 MR. MERRILL:

A little longer. Maybe 30 seconds.

# 331 MS. CLARK:

All right. And the third call, you said it was about a minute, correct?

# 332 MR. MERRILL:

Oh, yeah. About a minute.

# 333 MS. CLARK:

And that's approximate?

# 334 MR. MERRILL:

Approximate.

# 335 MS. CLARK:

You said that the Defendant was increasingly sounding frantic and desperate and upset?

# 336 MR. MERRILL:

That's correct.

# 337 MS. CLARK:

The Defendant is an actor; is he not, sir?

# 338 MR. DOUGLAS:

Argumentative, your Honor.

# 339 THE COURT:

Rephrase the question.

# 340 MS. CLARK:

Do you know that the Defendant has been in various movies?

# 341 MR. MERRILL:

Yes.

# 342 MS. CLARK:

And you've seen him in those movies; have you not?

# 343 MR. MERRILL:

I've seen a few.

# 344 MS. CLARK:

And you've seen him on television, haven't you?

# 345 MR. MERRILL:

Yes.

# 346 MS. CLARK:

He's an actor by profession; is he not?

# 347 MR. MERRILL:

Yes.

# 348 MS. CLARK:

Had you ever seen the Defendant before that day, sir?

# 349 MR. MERRILL:

Never. Except on TV.

KEY QUOTE

# 350 MS. CLARK:

Except on TV, right. Not on a personal level, correct?

# 351 MR. MERRILL:

No.

# 352 MS. CLARK:

You have no way of knowing whether the frantic and desperate manner in which he behaved was an act or for real, do you?

KEY QUOTE

# 353 MR. DOUGLAS:

Calls for speculation, your Honor, argumentative.

# 354 THE COURT:

Overruled.

# 355 MR. MERRILL:

I have no way of knowing, no.

KEY QUOTE

# 356 MS. CLARK:

And would you not--let me ask you something, sir. If a man whose ex-wife had just been killed was acting nonchalant and blasé, wouldn't you find that suspicious?

# 357 MR. DOUGLAS:

Objection. Argumentative.

# 358 THE COURT:

Sustained.

# 359 MS. CLARK:

You spoke to him again on June the 14th?

# 360 MR. MERRILL:

Correct.

# 361 MS. CLARK:

And he called you?

# 362 MR. MERRILL:

Yes, he did.

# 363 MS. CLARK:

Where did he call you?

# 364 MR. MERRILL:

He called me at my office in Des Plaines, Illinois.

# 365 MS. CLARK:

Now, you had never met him before June the 13th; is that correct?

# 366 MR. MERRILL:

That's correct.

# 367 MS. CLARK:

Did it strike you as odd that he called you back on June the 14th?

# 368 MR. MERRILL:

In a way, yes.

# 369 (Discussion held off the record between the Deputy District Attorneys.)

# 370 THE COURT:

Mr. Merrill, what city is your office in?

# 371 MR. MERRILL:

Des Plaines, Illinois.

# 372 THE COURT:

All right. Would you spell that for the court reporter, please.

# 373 MR. MERRILL:

Sure. D-E-S, capital P-L-A-I-N-E-S.

# 374 THE COURT:

Thank you.

# 375 MR. MERRILL:

Sure. I hope I got that right.

# 376 MS. CLARK:

Nothing further. Thank you, Mr. Merrill.

Temperature

tense

Key Quotes (5)

Marcia Clark

You have no way of knowing whether the frantic and desperate manner in which he behaved was an act or for real, do you?

Clark neutralized the defense's use of OJ's emotional phone calls by pointing out Merrill had only ever known Simpson as a TV actor and could not distinguish performance from genuine distress.

Jim Merrill

I have no way of knowing, no.

Merrill's concession directly undercuts the defense's narrative that OJ's frantic calls proved innocent grief.

Marcia Clark

So the Defendant carried the heaviest bag; is that right?

Clark established that OJ voluntarily carried a 25-30 lb golf bag 75-100 feet without limping or requesting help, contradicting any defense claim of physical impairment the night of the murders.

Jim Merrill

Never. Except on TV.

Merrill's admission that he had never met OJ before undermined his ability to assess whether OJ's behavior or physical state was unusual.

Jim Merrill

He put it on his back and carried it out the door.

Describing how OJ carried the heavy golf bag unaided, reinforcing the prosecution's theme that OJ showed no signs of injury or physical limitation.

Evidence (5)

Defense 1064

Black duffel bag carried by OJ Simpson off the flight

identified by witness, physically handled in court

Defense 1065

Black garment bag carried by OJ Simpson off the flight

identified by witness, Clark physically demonstrated how it was carried over shoulder

Defense 1063

Swiss Army brand golf bag belonging to OJ Simpson

witness lifted it in court and estimated weight at 25-30 lbs

People's 123

Photograph of OJ Simpson's hand showing a cut, taken afternoon of June 13, 1994

shown to witness; Clark questioned whether cut could be as small as half an inch

Informal

Defense investigator report dated July 3, 1994, containing Merrill's statement to investigator McKenna on June 23, 1994

used to refresh and impeach witness on garment bag description

Notable Exchanges (4)

Marcia Clark•Jim Merrill

Clark used the defense's own investigator report to correct Merrill's trial testimony — Merrill had described the garment bag without specifying leather, but his fresher June 1994 statement described it as 'black leather.' Clark extracted the admission that the earlier memory was more reliable.

strategic

Marcia Clark•Jim Merrill

Clark walked Merrill through every opportunity he did NOT have to observe OJ's hands or face: driving the car, watching the road, not looking for injuries, unaware murders had occurred. Merrill conceded each point.

methodical

Marcia Clark•Jim Merrill

Clark established OJ as an actor and pressed Merrill to admit he had no way to know whether OJ's increasingly frantic phone calls were genuine or performed. Merrill agreed entirely.

revealing

Lance A. Ito•Marcia Clark

Judge corrected Clark when she said 'duffel bag' while physically demonstrating how OJ carried the garment bag over his shoulder — 'Garment bag. Yes.'

light

Light Moments (3)

Jim Merrill

When Clark asked if he plays golf, Merrill replied 'Not very good, but I play.'

Jim Merrill

After spelling out 'Des Plaines' for the court reporter at Judge Ito's request, Merrill added 'I hope I got that right.'

Lance A. Ito

Judge Ito corrected Clark mid-demonstration when she mislabeled the garment bag as a duffel bag: 'Garment bag. Yes.'

Credibility Attacks (3)

⚔ Jim Merrill

prior inconsistent statement

Clark used Merrill's June 23, 1994 statement to defense investigator McKenna — in which he described a 'black leather garment bag' — to contradict his vaguer trial testimony, establishing that his earlier, fresher memory was the more reliable account.

⚔ Jim Merrill

bias / limited opportunity to observe

Clark established that Merrill was driving and not looking for injuries, had never met OJ before, was surrounded by 75-100 people, and had no awareness of the murders — systematically reducing the weight of his observations about OJ's physical condition and demeanor.

⚔ O.J. Simpson (indirect)

professional role / credibility of behavior

Clark established that OJ was a paid Hertz spokesperson whose job was to appear affable and charming, and that as a professional actor Merrill could not distinguish genuine emotional distress from performance — neutralizing his 'frantic' phone calls as evidence of innocence.

Witness Demeanor

(Indicating) — Clark physically demonstrated carrying the garment bag over her right shoulder to confirm Merrill's description

(Discussion held off the record between the Deputy District Attorneys) — twice, including while Clark retrieved People's 123

Objections

13 objections (8 sustained, 5 overruled)

Proceeding 6814 • 376 utterances • Defense witness

Criminal Trial

Department 103