Cross-examination of Raymond Kilduff

📄 Cross-examination of Raymond Kilduff — Thursday, July 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\13\CROSS-EXAMINATION-OF-RAYMOND-K.DOC

TRIAL

▲ Day 114 of 167

◀ Cross-examination called Redirect examination of Raymond Kilduff ▶

Witness: Raymond Kilduff
Examiner: Christopher Darden
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 176

Darden cross-examines Raymond Kilduff, a Hertz executive who drove Simpson to O'Hare airport the morning of June 13, 1994. Darden probes three key details: the loose bandage on Simpson's cut finger, a black leather bag that appeared mostly empty, and whether Simpson ran or merely walked briskly into the airport. The examination closes with Darden confronting Kilduff with a defense investigator's statement attributing the word 'ran' to Kilduff — which Kilduff disputes, though he admits he never notified prosecutors of the alleged error after receiving the document.

# 1 MR. DARDEN:

Thank you, your Honor.

CROSS-EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

Good afternoon, sir.

# 3 MR. KILDUFF:

Good afternoon.

# 4 MR. DARDEN:

I'm sorry. What is your position with Hertz corporation?

# 5 MR. KILDUFF:

Division vice president, central division sales.

# 6 MR. DARDEN:

Are you responsible for sales over how many states?

# 7 MR. KILDUFF:

17.

# 8 MR. DARDEN:

So you're an executive with Hertz?

# 9 MR. KILDUFF:

Yes.

# 10 MR. DARDEN:

And the Defendant here was the spokesperson for Hertz?

# 11 MR. KILDUFF:

Yes.

# 12 MR. DARDEN:

Okay. Have you had any meetings at Hertz about your testifying in this case?

# 13 MR. KILDUFF:

No.

# 14 MR. DARDEN:

Not one?

# 15 MR. KILDUFF:

Not meetings. I've had conversations.

# 16 MR. DARDEN:

Have you had conversations with your higher-ups?

# 17 MR. KILDUFF:

Yes.

# 18 MR. DARDEN:

Hertz corporation is concerned about his image; isn't that correct?

# 19 MR. SHAPIRO:

Objection. Irrelevant. May we approach?

# 20 THE COURT:

Overruled. Overruled.

# 21 MR. KILDUFF:

Yes.

# 22 MR. DARDEN:

And Mr. Simpson is a spokesperson for your company, right?

# 23 MR. KILDUFF:

Mr. Simpson was.

# 24 MR. DARDEN:

If I understand your testimony correctly, Mr. Kilduff, when you drove up to the hotel that morning, the Defendant was seated outside; is that correct?

# 25 MR. KILDUFF:

That's correct.

# 26 MR. DARDEN:

And when you first saw him, his hands weren't up to his face, were they?

# 27 MR. KILDUFF:

When I first saw him, at some point--no, I don't believe they were. At some point though while I was driving, I don't remember exactly when, he did put his hands in his face.

# 28 MR. DARDEN:

Okay. Are you sure that he didn't put his hands to his face until you began to approach him?

# 29 MR. KILDUFF:

That's possible.

# 30 MR. DARDEN:

Okay. Isn't it true that he didn't put his hands up to his face until you said to him, "Remember me"?

# 31 MR. KILDUFF:

No.

# 32 MR. DARDEN:

Did you ever tell anybody that?

# 33 MR. KILDUFF:

Not to my recollection.

# 34 MR. DARDEN:

Did you tell Bill Hodgman that in Chicago?

# 35 MR. KILDUFF:

As I stated, not to my recollection.

# 36 MR. DARDEN:

And the cut that you saw on the Defendant's finger that day--

# 37 MR. KILDUFF:

Yes.

# 38 MR. DARDEN:

--you say there was a bandage on that cut?

# 39 MR. KILDUFF:

Yes.

# 40 MR. DARDEN:

And the bandage was loose, wasn't it?

# 41 MR. KILDUFF:

Yes.

# 42 MR. DARDEN:

And the bandage was so loose that you could see the cut?

# 43 MR. KILDUFF:

Correct. I could see in.

# 44 MR. DARDEN:

Do you know whether or not the Defendant left the bandage loose so that you could see the cut?

# 45 MR. KILDUFF:

I would have no idea.

# 46 MR. SHAPIRO:

Objection. Calls for speculation.

# 47 THE COURT:

It does.

# 48 MR. DARDEN:

Were you surprised that the Defendant had a cut on his finger?

# 49 MR. KILDUFF:

Yes.

# 50 MR. SHAPIRO:

Objection. Irrelevant.

# 51 THE COURT:

Overruled.

# 52 MR. DARDEN:

And were you surprised that the bandage on the finger was loose as opposed to being tightly wrapped around the cut?

# 53 MR. KILDUFF:

I actually didn't think about that. I was more surprised that Mr. Simpson was sitting outside there because I knew he was supposed to be asleep.

KEY QUOTE

# 54 MR. DARDEN:

The bandage that you saw was not a Band-Aid; is that correct?

# 55 MR. KILDUFF:

I thought it was a Band-Aid.

# 56 MR. DARDEN:

You testified a little while ago about having seen gauze on his finger; is that correct?

# 57 MR. KILDUFF:

Yes, I did. I meant the inside part of the Band-Aid, the gauze part of a regular Band-Aid.

# 58 MR. DARDEN:

And how big was that Band-Aid?

# 59 MR. KILDUFF:

I thought fairly large.

# 60 MR. DARDEN:

And what is fairly large?

# 61 MR. KILDUFF:

About like that (Indicating).

# 62 MR. DARDEN:

I'm sorry. Show me again.

# 63 MR. KILDUFF:

About like that (Indicating). In fact, I thought that it possibly could be two. I remember thinking that because I thought it was, you know, like one of the very large sized Band-Aids.

# 64 MR. DARDEN:

I'm sorry.

# 65 THE COURT:

Mr. Darden, he made a gesture that I was not able to see. Can you give me an estimate?

# 66 MR. KILDUFF:

About an inch and a half.

# 67 THE COURT:

Thank you.

# 68 MR. DARDEN:

Okay. Now, at some point, you saw the Defendant fumble around with his bag, a black leather bag; is that correct?

# 69 MR. KILDUFF:

That is correct.

# 70 MR. DARDEN:

And where was the Defendant at that time?

# 71 MR. KILDUFF:

Sitting on the bench.

# 72 MR. DARDEN:

And you could see inside that bag, couldn't you?

# 73 MR. KILDUFF:

Yes, I could.

# 74 MR. DARDEN:

Have you spoken to Mr. Merrill about his observations of the contents of that black leather duffel bag?

# 75 MR. KILDUFF:

No.

# 76 MR. DARDEN:

Okay. By the way, does this look like the bag to you?

# 77 MR. KILDUFF:

That's very similar.

# 78 MR. DARDEN:

Okay. Defendant's 1064, your Honor.

# 79 THE COURT:

Yes. Thank you.

# 80 MR. DARDEN:

The bag was not full, was it?

# 81 MR. KILDUFF:

No.

# 82 MR. DARDEN:

In fact, the bag was relatively empty, wasn't it?

# 83 MR. KILDUFF:

Yes.

# 84 MR. DARDEN:

And that surprised you, didn't it?

# 85 MR. KILDUFF:

Yes.

# 86 MR. DARDEN:

Do you know what happened to the contents of the bag?

# 87 MR. KILDUFF:

No.

# 88 MR. SHAPIRO:

Objection, your Honor.

# 89 THE COURT:

Speculation?

# 90 MR. SHAPIRO:

Yes.

# 91 THE COURT:

Sustained.

# 92 MR. DARDEN:

Well, you did talk to Mr. Merrill about his observations of the contents of the bag when he picked the Defendant up at the airport; is that correct?

# 93 MR. SHAPIRO:

Objection, your Honor. Assumes a fact not in evidence.

# 94 THE COURT:

Rephrase the question.

# 95 MR. DARDEN:

Well, did you talk to Mr. Merrill or have you ever spoken to Mr. Merrill about his observations of the contents of that black bag?

# 96 MR. KILDUFF:

No. Not the contents.

# 97 MR. DARDEN:

Have you spoken to him on the issue of whether or not the bag appeared full to him when he picked up the Defendant at the airport?

# 98 MR. KILDUFF:

No.

# 99 MR. DARDEN:

Have you spoken to Mr. Merrill about the weight of the black duffel bag at the time that he picked the Defendant up at the airport?

# 100 MR. KILDUFF:

I don't recall.

# 101 MR. DARDEN:

At any event, when you looked inside the bag that morning, the bag appeared empty?

# 102 MR. SHAPIRO:

Objection.

# 103 MR. DARDEN:

Is that right?

# 104 MR. SHAPIRO:

Misstates the evidence.

# 105 THE COURT:

Sustained. Rephrase the question.

# 106 MR. DARDEN:

It was empty for the most part; is that right?

# 107 MR. SHAPIRO:

Objection. Still misstates the evidence.

# 108 THE COURT:

Overruled.

# 109 MR. DARDEN:

Well, how empty or how full was it?

# 110 MR. KILDUFF:

There were several items in there, but it for the most part was empty.

# 111 MR. DARDEN:

Okay. Now, the Defendant got into your car; is that right?

# 112 MR. KILDUFF:

That's correct.

# 113 MR. DARDEN:

And you took him to the airport?

# 114 MR. KILDUFF:

Yes.

# 115 MR. DARDEN:

And on the way to the airport, were you able to observe his ankles and his feet?

# 116 MR. KILDUFF:

No.

# 117 MR. DARDEN:

Did you ever look at the Defendant's ankles?

# 118 MR. KILDUFF:

Yes.

# 119 MR. DARDEN:

Was he wearing socks?

# 120 MR. KILDUFF:

No, he was not.

# 121 MR. DARDEN:

He was not wearing socks?

# 122 MR. KILDUFF:

No.

# 123 MR. DARDEN:

And the color of his shoes, what color were the shoes?

# 124 MR. KILDUFF:

Black.

# 125 MR. DARDEN:

They weren't tan?

# 126 MR. KILDUFF:

Not to my recollection.

# 127 MR. DARDEN:

Were the shoes boots?

# 128 MR. KILDUFF:

No, they were not.

# 129 MR. DARDEN:

They were loafers?

# 130 MR. KILDUFF:

Loafers.

# 131 MR. DARDEN:

Did they appear to be Italian loafers?

# 132 MR. KILDUFF:

They appeared to be.

# 133 MR. DARDEN:

And when you arrived at the airport, the Defendant got out of your vehicle; is that right?

# 134 MR. KILDUFF:

Yes.

# 135 MR. DARDEN:

Did you know that the Defendant has arthritis?

# 136 MR. KILDUFF:

I did not know at the time.

# 137 MR. DARDEN:

Was there anything about the Defendant's demeanor that day that caused you to think that he had arthritis?

# 138 MR. KILDUFF:

No.

# 139 MR. DARDEN:

Other than the cut that you saw on his finger, did he appear to be suffering from any physical disability that you saw at that time?

# 140 MR. KILDUFF:

No.

# 141 MR. DARDEN:

What did the Defendant do after he got out of your vehicle?

# 142 MR. KILDUFF:

I handed him his bags, told him what gate to go to, and he left, went through the doors to his gate.

# 143 MR. DARDEN:

Okay. And when he left your vehicle, he didn't walk, did he?

# 144 MR. KILDUFF:

He walked, but it was swiftly.

# 145 MR. DARDEN:

Didn't he run?

# 146 MR. KILDUFF:

No, he did not.

# 147 MR. DARDEN:

You were interviewed by a Defense investigator; is that right?

# 148 MR. KILDUFF:

Yes.

# 149 MR. DARDEN:

Have you seen that statement?

# 150 MR. KILDUFF:

I've seen the statement that was given to La Fall and Barris.

# 151 MR. DARDEN:

Didn't you tell that Defense investigator that the Defendant ran into the airport?

# 152 MR. KILDUFF:

No.

# 153 MR. DARDEN:

I'm looking for a clean copy, your Honor. Your Honor, if there's no objection, if I could just show the witness my copy and show him the last sentence.

# 154 MR. SHAPIRO:

I'll stipulate that in the supplemental report is the word "Ran." It says they stopped the car, OJ had--

KEY QUOTE

# 155 MR. DARDEN:

Objection, your Honor.

# 156 THE COURT:

All right.

# 157 MR. SHAPIRO:

I was going to stipulate.

# 158 THE COURT:

They're not willing to stipulate. Proceed.

# 159 MR. DARDEN:

Mr. Kilduff, let me show you a copy of a document. It's two pages. Do you see your name on that document?

# 160 MR. KILDUFF:

Yes, I do.

# 161 MR. DARDEN:

That's Raymond David Kilduff?

# 162 MR. KILDUFF:

That's correct.

# 163 MR. DARDEN:

And has your birthday and social security number and stuff like that?

# 164 MR. KILDUFF:

Yes.

# 165 MR. DARDEN:

Was this a statement that was shown to you last night?

# 166 MR. KILDUFF:

Actually not last night. I received it probably a week ago.

# 167 MR. DARDEN:

Okay.

# 168 MR. KILDUFF:

Or Friday. I got it Friday.

# 169 MR. DARDEN:

And you read that one week ago?

# 170 MR. KILDUFF:

Friday I read it.

# 171 MR. DARDEN:

If I could direct your attention to the next page. Would you take a look at the last sentence of the statement that is attributed to you in this document?

# 172 MR. KILDUFF:

I see it.

# 173 MR. DARDEN:

Okay. Doesn't that statement state that you told the Defense investigator the Defendant got out of your vehicle and ran into the airport?

# 174 MR. KILDUFF:

That's what that says. That's not what happened though. He walked quickly. He did not run.

KEY QUOTE

# 175 MR. DARDEN:

Well, when you received this document a week ago, did you notify the Prosecution that there was an error in this statement?

KEY QUOTE

# 176 MR. KILDUFF:

No, I did not.

Temperature

tense

Key Quotes (4)

Raymond Kilduff

That's what that says. That's not what happened though. He walked quickly. He did not run.

Kilduff disavows the defense investigator's written account attributing 'ran' to him, but the damage to his credibility is done — he received the statement a week earlier and told no one.

Raymond Kilduff

I actually didn't think about that. I was more surprised that Mr. Simpson was sitting outside there because I knew he was supposed to be asleep.

Reveals Simpson was unexpectedly awake and outside the hotel that morning, which is itself notable given the timeline.

Robert Shapiro

I'll stipulate that in the supplemental report is the word 'Ran.' It says they stopped the car, OJ had--

Shapiro attempts to get the damaging word into evidence through a back-channel stipulation, Darden objects and cuts him off, signaling how sensitive 'ran' is to the defense.

Christopher Darden

When you received this document a week ago, did you notify the Prosecution that there was an error in this statement?

Darden's closing move — Kilduff admits he did not flag the alleged error, undermining his claim it was a misquote.

Evidence (2)

Defendant's 1064

Black leather duffel bag, shown to Kilduff for identification

referenced and identified as 'very similar' to the bag Simpson had

Informal

Two-page defense investigator's supplemental report attributed to Kilduff, containing the word 'ran'

shown to witness to impeach his testimony that Simpson walked

Notable Exchanges (2)

Robert Shapiro•Christopher Darden•Lance A. Ito

Shapiro begins reading aloud from the defense investigator's report to stipulate the word 'ran' appears in it; Darden objects mid-sentence; Ito notes they are not willing to stipulate and moves on.

strategic

Christopher Darden•Raymond Kilduff

Darden establishes that Simpson wore no socks, black Italian loafers, showed no signs of arthritis or physical disability, and moved swiftly into the airport — building a picture of a man who was physically capable and in flight mode.

methodical

Light Moments (1)

Lance A. Ito

Kilduff gestures with his hands to indicate bandage size; Judge Ito intervenes to ask for a verbal measurement since he couldn't see the gesture, and Kilduff responds 'about an inch and a half.'

Credibility Attacks (2)

⚔ Raymond Kilduff

prior inconsistent statement

Darden confronts Kilduff with a defense investigator's written report stating Simpson 'ran' into the airport. Kilduff denies saying it but acknowledges he received the document a week earlier and never alerted prosecutors to the alleged error.

⚔ Raymond Kilduff

bias

Darden elicits that Kilduff is a Hertz executive, Simpson was Hertz's spokesperson, and Hertz is concerned about its image — suggesting corporate loyalty as a motive to minimize incriminating observations.

Witness Demeanor

(Indicating) — used twice when Kilduff gestured to show bandage size rather than stating dimensions verbally

Objections

8 objections (3 sustained, 3 overruled)

Proceeding 6825 • 176 utterances • Defense witness

Criminal Trial

Department 103