Darden cross-examined Stephen Valerie, a defense witness who had been seated near OJ Simpson on his late-night flight from LAX to Chicago on June 12-13, 1994. Valerie had testified that Simpson appeared calm, well-dressed, and showed no signs of sweat. Darden methodically used three prior statements (two from defense investigator William Pavelic, one from LAPD) to show that Valerie's key trial testimony details — specifically looking for sweat, observing a garment bag, and turning in his seat to face Simpson — were absent from all prior accounts. The cross also highlighted Valerie's pre-testimony coaching session with Cochran and Carl Douglas the previous evening at 8:45 PM.
# 1 MR. DARDEN: Thank you, your Honor.
CROSS-EXAMINATION BY MR. DARDEN
# 2 MR. DARDEN: Good afternoon, Mr. Valerie.
# 4 MR. DARDEN: Sir, what do you do for a living?
# 5 MR. VALERIE: Recent graduate of the Enderson School of Management at UCLA and currently on vacation.
# 6 MR. DARDEN: Okay. You were on vacation back in June of 1994, weren't you?
# 7 MR. VALERIE: Uh, just about to, yeah. I was at a--I was studying at Georgetown on an executive program there for a month.
# 8 MR. DARDEN: And what city do you live?
# 9 MR. VALERIE: I guess these days, Irvine would be my address.
# 10 MR. DARDEN: Okay. Now, you--when you saw the Defendant, you paid special attention to him, didn't you?
# 11 MR. VALERIE: Uh, did you say when I saw the Defendant? Is that what you said?
# 13 MR. VALERIE: Okay. I didn't hear you. Yeah. I sure did.
# 14 MR. DARDEN: Okay. And you don't usually look at everyone you meet as closely as you looked at the Defendant, correct?
# 15 MR. VALERIE: Depends on the circumstances.
# 16 MR. DARDEN: Well, when you meet other people--well, strike that. Well, when you see people in passing, do you look at them to see if they're sweating or not?
# 18 MR. DARDEN: So whenever you see someone, you look to see if they're sweating?
# 19 MR. VALERIE: When I see someone, I look--I look at them, and you might notice sweating if that were the case.
# 20 MR. DARDEN: Well, you testified this morning that you looked at Mr. Simpson specifically to see if he was sweating; is that right?
# 21 MR. VALERIE: And in this case, that's correct.
# 22 MR. DARDEN: And you hadn't heard anything about Nicole Brown's murder at that point, right?
# 24 MR. DARDEN: You hadn't heard anything about Ron Goldman having been murdered at Bundy, right?
# 26 MR. DARDEN: Well, why did you look at Mr. Simpson to see if he was sweating?
# 27 MR. VALERIE: Specifically because one of the few things I know about his celebrity is the fact that he did a commercial where he ran through an airport to catch his flight, and that is the reason why I specifically looked at Mr. Simpson, given that I expected I would be the last person to board that might. I was using the telephone outside the gate and asked the attendant to let me know when the last possible moment for me to board was. So she waived over to me and I got on. So I was startled when someone got on after me, especially someone that was a celebrity.
# 28 MR. DARDEN: But to answer my question, Mr. Valerie, why did you look specifically at Mr. Simpson to see if he was sweating?
# 29 MR. VALERIE: The specific reason was, I imagined him having to probably run through the airport like his commercials and imagined he would be sweating. It was a summer evening, it was warm and I was heated let's say. It's a warm plane. The environment on airplane's warm. I actually looked at him to see wow, did he--he must have been running through the airport is what I imagined. So I was looking at him and I actually noticed he looked very sharp.
# 30 MR. DARDEN: Did you consciously think to yourself, wow, I wonder if OJ Simpson is sweating?
# 31 MR. VALERIE: Can you repeat that question?
# 32 MR. DARDEN: I mean, did you actually think to yourself, I wonder if OJ Simpson is sweating?
# 33 MR. VALERIE: No. The thought that came across my mind was that he looked very fresh. I was surprised about that.
# 34 MR. DARDEN: You spoke to a Defense investigator on June 17, 1994; is that correct?
# 35 MR. VALERIE: I think that was a Thursday?
# 36 MR. DARDEN: But you spoke to a Defense investigator in June of 1994?
# 38 MR. DARDEN: Right? And you were shown a copy of a typewritten statement, your statement to that Defense investigator; is that correct?
# 39 MR. VALERIE: That is not correct.
# 40 MR. DARDEN: You haven't seen a copy of your statement to Defense investigator William Pavelic?
# 41 MR. VALERIE: Oh, the Defense investigator?
# 43 MR. VALERIE: Yeah, I guess I did see it yesterday.
# 44 MR. DARDEN: And who showed that statement to you?
# 45 MR. VALERIE: Johnnie Cochran.
# 46 MR. DARDEN: And where were you when Johnnie Cochran showed you that statement?
# 47 MR. VALERIE: In his office.
# 48 MR. DARDEN: Okay. And that was yesterday evening?
# 49 MR. VALERIE: That's correct.
# 50 MR. DARDEN: Okay. And what time was that?
# 51 MR. VALERIE: Approximately 8:45 P.M.
# 52 MR. DARDEN: Okay. And how long had you been at Mr. Cochran's office, sir, yesterday evening?
# 53 MR. VALERIE: Uh, I had been there probably 40 minutes.
# 54 MR. DARDEN: Okay. And how did you get there?
# 55 MR. VALERIE: I drove myself there.
# 56 MR. DARDEN: Okay. And when Mr. Cochran showed you that statement, did you read it?
# 57 MR. VALERIE: Actually I didn't. I glanced at it, but I didn't bother to read it.
# 58 MR. DARDEN: Let me hand you a single-page document and ask you if that is a copy of the statement Mr. Cochran showed you.
# 59 MR. VALERIE: It appears to be, yes.
# 60 MR. DARDEN: Did you indicate to the Defense investigator--well, strike that. Where in that statement to the Defense investigator does it state that you looked at Mr. Simpson for the specific purpose of determining whether or not he was sweating?
# 61 MR. COCHRAN: Your Honor, just a moment. I would object to the form of that question. Assumes that that question was asked.
# 62 THE COURT: Sustained. Rephrase the question.
# 63 MR. DARDEN: Well, when you spoke to the Defense investigator, did you try to be honest?
# 64 MR. VALERIE: This is a summary of what I said. It's not the actual transcript. We spoke for, my estimates, were probably about 45 minutes. So if that's all that was written, then I would imagine it would have been much longer for that much time.
# 65 MR. DARDEN: Well, is it your testimony that you told Mr. Pavelic that you looked at Mr. Simpson specifically to see if he was sweating?
# 66 MR. VALERIE: Yes, that is correct.
# 67 MR. DARDEN: And is that contained in the statement here?
# 68 MR. VALERIE: No, it is not.
# 69 MR. DARDEN: When you looked at the statement yesterday with Mr. Cochran--and you pointed that out to him I take it?
# 70 MR. VALERIE: No. I didn't--I didn't--like I said, I didn't read that statement. They just said, "These were what was--what were taken from you." I glanced at them, I noticed the key points and moved on.
# 71 MR. DARDEN: I'm sorry. With Johnnie?
# 72 MR. VALERIE: That is correct.
# 73 MR. DARDEN: Okay. You know Mr. Cochran on a first name basis?
# 74 MR. VALERIE: And Carl was there.
# 75 MR. DARDEN: Carl Douglas?
# 76 MR. VALERIE: That's correct.
# 77 MR. DARDEN: Okay. So you refer to Mr. Cochran as Johnnie and Mr. Douglas as Carl?
# 78 MR. VALERIE: That's how they asked me to refer to them and I said they can call me Steve.
# 79 MR. DARDEN: And you spoke to a--you spoke to Mr. Pavelic, the Defense investigator, on June 23; is that correct?
# 80 MR. VALERIE: That's correct.
# 81 MR. DARDEN: And did you speak to Mr. Pavelic, the Defense investigator, in person?
# 82 MR. VALERIE: No. It was via telephone.
# 83 MR. DARDEN: And how long did you speak to Mr. Pavelic at that time?
# 84 MR. VALERIE: Uh, again, I'm not clear on the dates. You said the 23rd. What day--what day was that? Was that the same conversation as that record has? Was it that conversation you're referring to?
# 85 MR. DARDEN: Well, the first piece of paper I showed you shows the date of June 17th; is that correct?
# 86 MR. VALERIE: June 17th. Okay.
# 87 MR. DARDEN: Okay. That was the first time you spoke to Mr. Pavelic?
# 88 MR. VALERIE: That's correct.
# 89 MR. DARDEN: Okay. And you spoke to him again on the telephone; is that correct?
# 90 MR. VALERIE: I believe so, yes.
# 91 MR. DARDEN: And you spoke to him about six days after the first conversation, correct?
# 93 MR. DARDEN: Okay. About June 23, 1994?
# 94 MR. VALERIE: I don't remember the specific date. Yes, I had a second conversation with him.
# 95 MR. DARDEN: Okay. And you didn't tell Mr. Pavelic anything about looking at OJ Simpson specifically to see if he was sweating or not, did you?
# 96 MR. VALERIE: Uh, frankly, I don't remember what the second specific conversation was about or if it was any different from the first time. I think all the way through this, I've stated the exact same facts. And so I think he asked me questions again in more detail, but I certainly don't remember a year later what--what the second conversation was verbatim.
# 97 MR. DARDEN: And you actually spoke to the LAPD, a detective from the LAPD on June 16, 1994, correct?
# 98 MR. VALERIE: Uh, I think that's correct.
# 100 MR. VALERIE: I don't have a counter in front of me. So--
# 101 MR. DARDEN: Well, you spoke to Detective Kilcoyne?
# 102 MR. VALERIE: Yes. I--I called him in fact.
# 103 MR. DARDEN: And why did you call Detective Kilcoyne?
# 104 MR. VALERIE: Uh, because by that time, it had come out that Mr. Simpson was--was implicated or had some possible connection to the case, and so I wanted to let it be known that he was on board this flight. I wasn't sure if that had been communicated to anybody. So I had called up and they passed me onto this detective. I didn't know his name at the time.
# 105 MR. DARDEN: Okay. You wanted to make sure that the LAPD had all the information you had--
# 106 MR. VALERIE: Correct.
# 107 MR. DARDEN: --relative to Mr. Simpson on the flight to Chicago from LAX, right?
# 108 MR. VALERIE: That's correct.
# 109 MR. DARDEN: Okay. And did Mr.--well, did John and--Johnnie and Carl show you a copy of an LAPD statement yesterday?
# 110 MR. VALERIE: Uh, yes. One statement because I made two.
# 112 MR. VALERIE: And they showed me one.
# 113 MR. DARDEN: Okay. And the one statement that they showed you, was it a handwritten--
# 114 MR. VALERIE: That is correct.
# 115 MR. DARDEN: --copy of a statement? Yes?
# 117 MR. DARDEN: And this contains the information you gave the LAPD on June 16, right?
# 118 MR. VALERIE: Correct.
# 119 MR. DARDEN: Okay. And--
# 120 MR. VALERIE: The summary again.
# 121 MR. DARDEN: And where in the statement if at all does it show that you told the LAPD that you looked at Mr. Simpson for the specific purpose of, you know, trying to find out, to see whether or not he was sweating?
# 122 MR. COCHRAN: Object to the form of that question again, your Honor.
# 123 THE COURT: Sustained. Rephrase the question.
# 124 MR. DARDEN: Well, you told the detectives everything you knew and saw, right?
# 125 MR. VALERIE: That's correct. And that is not--everything I knew and saw is not contained in this--in this handwritten photocopy document.
# 126 MR. DARDEN: Okay. You didn't tell the detective that Mr. Simpson was sweating when you saw him, did you?
# 127 MR. VALERIE: Uh, yes, I did.
# 128 MR. DARDEN: You did?
# 129 MR. VALERIE: No. I'm sorry. I did--I said he wasn't sweating is what my statement was.
# 130 MR. DARDEN: Okay. Where does it--well, strike that. You told the detective that Mr. Simpson was not sweating?
# 131 MR. VALERIE: I said--the wording I used was, he looked very calm, cool and collected. His clothes were very freshly pressed and looked very well kept in--into the flight. I noticed no sweat.
# 132 MR. DARDEN: And you added on the end "I noticed no sweat."
# 133 MR. VALERIE: You know, you probably have this--the tape-recorded statement. So if you want to pull that up, I'm happy to go through it with you. This is not though a copy of what I said. This is someone's summary and about a paragraph.
# 134 MR. DARDEN: Okay. What tape-recorded statement?
# 135 MR. VALERIE: I was talking to a police investigator. There was a beeping sound. So something was on tape I assume.
# 136 MR. COCHRAN: May I talk to Mr. Darden?
# 137 (Discussion held off the record between the Deputy District Attorney and Defense counsel.) # 138 MR. DARDEN: Mr. Valerie, when you spoke to the LAPD on June 16 and when you spoke to Mr. Pavelic on June 17 and also on July 23, 1994, you didn't tell them anything about a garment bag, did you?
# 139 MR. VALERIE: Uh, did I tell them anything about a garment bag.
# 140 MR. DARDEN: Yeah. Did you tell Mr. Pavelic about seeing the Defendant with a garment bag?
# 141 MR. VALERIE: We only discussed--we didn't really discuss--how do I say this? We discussed the bag that was in full view. Uh, he put a bag originally on the flight.
# 142 MR. DARDEN: I'm sorry. But the question is, did you discuss with Mr. Pavelic on June 17 anything about a garment bag?
# 143 MR. VALERIE: I think so. I don't remember.
# 144 MR. DARDEN: Is that contained in the statement prepared by the Defense investigator dated June 17?
# 145 MR. COCHRAN: Object again to the form of the question.
# 146 THE COURT: Overruled. Overruled.
# 147 MR. VALERIE: If you want to bring that here, I'll see if it says that. I don't remember.
# 149 MR. VALERIE: In this--in this statement, it just talks about the--
# 150 MR. DARDEN: But the question is, is there anything in the statement about a garment bag?
# 151 MR. COCHRAN: May I object to that, your Honor? Object to the form of that question because it's vague with regard to--
# 152 THE COURT: Overruled. Overruled.
# 153 MR. VALERIE: In this summary that I have before me, it does not mention the garment bag.
# 154 MR. DARDEN: And in the June 23 conversation you had with Mr. Pavelic, you didn't mention anything to him about a garment bag, did you?
# 155 MR. VALERIE: Again, I believe I did mention it, yes.
# 156 MR. DARDEN: All right. Have you seen Mr. Pavelic's report dated June 23, 1994?
# 157 MR. VALERIE: Yes, I saw it. I didn't read it verbatim.
# 158 MR. DARDEN: Okay. You saw it when?
# 159 MR. VALERIE: Uh, last night I believe.
# 160 MR. DARDEN: Okay. Is this a copy of it?
# 161 MR. VALERIE: No. This--this I haven't seen before.
# 162 MR. DARDEN: Is that a single page document dated June 23, 1994?
# 163 MR. VALERIE: Yes, it is.
# 164 MR. DARDEN: And does it bear the name William Pavelic at the top?
# 165 MR. VALERIE: That's correct.
# 166 MR. DARDEN: Is your name on that document?
# 167 MR. VALERIE: Yes, it is.
# 168 MR. DARDEN: Is there any mention in that document of your having told Mr. Pavelic that day about a garment bag?
# 169 MR. COCHRAN: Object to the form of that question again, your Honor.
# 170 THE COURT: Rephrase the question.
# 171 MR. DARDEN: Is the term "Garment bag" mentioned in that document?
# 173 MR. DARDEN: How about duffel bag?
# 174 MR. VALERIE: How about any bag?
# 175 MR. DARDEN: Okay. How about the word "Sweat"?
# 176 MR. VALERIE: It has--this document has nothing describing the flight at all. This is something else.
# 177 MR. DARDEN: And in fact, that document addresses the fact that he spoke to you on June 17, doesn't it?
# 178 MR. VALERIE: Correct.
# 179 MR. DARDEN: Does that document say anything about any amendments to your June 17 statement?
# 180 MR. VALERIE: It does not.
# 181 MR. DARDEN: Does it clarify at all your June 17 statement?
# 182 MR. VALERIE: Uh, does not.
# 183 MR. DARDEN: And when you spoke to the LAPD on June 16, you didn't mention anything about garment bags, did you?
# 184 MR. COCHRAN: Asked and answered, your Honor.
# 185 THE COURT: Overruled.
# 186 MR. DARDEN: Did you?
# 187 MR. VALERIE: Can you repeat the question?
# 188 MR. DARDEN: You didn't mention anything to the LAPD on June 16 about garment bags, did you?
# 189 MR. VALERIE: I believe I did when I described when he came on. But it wasn't central to the fact that I wasn't bag counting. I was--the bag issue came up relative to what I saw him do with the bag he had available to him.
# 190 MR. DARDEN: Mr. Valerie, did you mention anything to the LAPD about garment bags on June 16?
# 191 MR. COCHRAN: Asked and answered.
# 192 THE COURT: Overruled.
# 193 MR. DARDEN: Yes or no?
# 194 MR. VALERIE: I don't remember.
# 195 MR. DARDEN: Is there anything contained in the June 16 LAPD statement which is before you that mentions a garment bag?
# 196 MR. COCHRAN: Asked and answered.
# 197 THE COURT: Sustained.
# 198 MR. DARDEN: The first time you mention anything about the Defendant having sweat or not having any sweat on him was on October 5; is that correct?
# 199 MR. VALERIE: Uh, no, that's not correct.
# 200 MR. DARDEN: Well, who did you tell about that--who did you talk about the Defendant not having any sweat on him--
# 201 MR. COCHRAN: Asked and answered.
# 202 MR. DARDEN: --first?
# 203 THE COURT: Overruled.
# 204 MR. VALERIE: Uh, it's--to everyone I've spoken to, both police investigator and Bill Pavelic.
# 205 MR. DARDEN: Well, if you told Mr. Pavelic about that, do you know why it's not contained in either of those two Defense--
# 206 MR. COCHRAN: Objection. Speculative.
# 207 THE COURT: Sustained. Sustained.
# 208 MR. DARDEN: At any event, Mr. Valerie, when you got on the airplane, Mr. Simpson came on after you did; is that correct?
# 209 MR. VALERIE: He came on after me, that's correct.
# 210 MR. DARDEN: You paid particular attention to him, right?
# 211 MR. VALERIE: I did, yes.
# 212 MR. DARDEN: Okay. You looked at his hair, did you?
# 215 MR. VALERIE: I did.
# 216 MR. DARDEN: You looked at his face?
# 217 MR. VALERIE: Absolutely.
# 218 MR. DARDEN: And you paid particular attention to his hair and his face, right? Is that right?
# 220 MR. DARDEN: Was there something about Mr. Simpson's hair that intrigued you--
# 221 MR. COCHRAN: Object to the form of that question.
# 222 MR. DARDEN: --that night?
# 223 THE COURT: Overruled. You can answer the question.
# 224 MR. VALERIE: No more than anybody else's hair.
# 225 MR. DARDEN: Okay. Or everybody else's hair. And you looked at his hand, right?
# 226 MR. VALERIE: Later on in the flight, yes.
# 227 MR. DARDEN: Okay. Are you a football fan?
# 228 MR. VALERIE: Uh, marginally.
# 229 MR. DARDEN: Do you follow football?
# 230 MR. VALERIE: Not really.
# 231 MR. DARDEN: Okay. And why did you--
# 232 MR. VALERIE: I watch an occasional game.
# 233 MR. DARDEN: Okay. And why did you look at Mr. Simpson's hand later on in the flight?
# 234 MR. VALERIE: Uh, I was looking specifically for a championship ring.
# 235 MR. DARDEN: Did you know at that time that Mr. Simpson has never won a NFL championship?
# 236 MR. VALERIE: I did not know at that time.
# 237 MR. DARDEN: You testified this morning that at some point during the flight, that you turned to your right and put your feet up in the chair?
# 238 MR. VALERIE: Over to the--so it crossed over into the--the front--the front of the seat next to me.
# 239 MR. DARDEN: Okay. And prior to that, you had your--you had placed your feet on the footrest?
# 240 MR. VALERIE: Well, prior to that was takeoff, and the footrest isn't allowed to be up. So my feet were placed on the floor in front of me.
# 241 MR. DARDEN: Did you tell Mr. Pavelic on June 17 that you had turned to your right to look at the Defendant during the flight?
# 243 MR. DARDEN: Is that contained in a statement there dated July 17?
# 244 MR. VALERIE: No, it's not.
# 245 MR. COCHRAN: Object to the form of the question again.
# 246 THE COURT: Overruled.
# 247 MR. VALERIE: No, it is not.
# 248 MR. DARDEN: And is it contained in that statement dated June 23?
# 249 MR. COCHRAN: Object to the form. I would like the Court to see that particular statement.
# 250 THE COURT: Overruled.
# 251 MR. VALERIE: No, it's not.
# 252 MR. DARDEN: And is that contained in the report from the LAPD dated June 16, 1994?
# 253 MR. VALERIE: No, it is not.
# 254 MR. DARDEN: And you did speak to Detective Crotsley from the LAPD on October 5, 1994; is that correct?
# 255 MR. VALERIE: That's correct.
# 256 MR. DARDEN: And you saw that report over lunch today?
# 257 MR. VALERIE: Yeah. That's correct.
# 258 MR. DARDEN: It's not contained in that report either, is it?
# 259 MR. VALERIE: Uh, again, I didn't read it in full detail. It didn't appear to be.
# 260 MR. DARDEN: So is today the first time that you've ever told anyone, Mr. Valerie, that you turned to your right to face the Defendant during the flight?
# 261 MR. VALERIE: No, it is not.
# 262 MR. DARDEN: You told us this morning that you remained awake on the airplane for approximately one hour; is that correct?
# 263 MR. VALERIE: That's an estimate. I'd say between--it could be maybe a little bit longer than that. And I woke up also later--once or twice during the flight.
# 264 MR. DARDEN: So the only opportunity you had to see and view the Defendant during the flight was during that first hour; is that correct?
# 265 MR. VALERIE: That is correct.
# 266 MR. COCHRAN: Object to the form of that.
# 267 THE COURT: Overruled.
# 268 MR. DARDEN: But you told Mr. Pavelic on June 17 that you looked at Mr. Simpson throughout the flight; is that correct?
# 269 MR. VALERIE: Uh, again, the exact wording, I don't particularly remember.
# 270 MR. DARDEN: Well, would it refresh your recollection to look at Mr. Pavelic's statement dated June 17?
# 271 MR. VALERIE: No, because that is only a summary like I've said throughout this. This is not any quotes of what I've said here.
# 272 MR. DARDEN: Well, directing your attention to paragraph 3 of that statement dated June 17, doesn't that statement indicate or rather state that you watched Mr. Simpson throughout the flight?
# 273 MR. COCHRAN: I object. I object to the from of that question. I would like the Court to see the document.
# 274 THE COURT: Overruled.
# 275 MR. DARDEN: Mr. Valerie?
# 276 MR. VALERIE: The word used here was Mr. Simpson--"Mr. Valerie stated that he looked at Mr. Simpson throughout the flight because of his prominence." Uh, what that statement probably represents is the fact that throughout the flight during the periodic periods when I woke up, I looked over and viewed him.
# 278 MR. VALERIE: If that's not what's communicated there, that's what indeed was meant by that.
# 279 MR. DARDEN: The statement doesn't indicate that you looked at Mr. Simpson periodically during the flight, does it?
# 280 MR. VALERIE: Uh, does not.
# 281 MR. DARDEN: The statement says, quote, "Mr. Valerie stated that he looked at Mr. Simpson throughout the flight because of his prominence," unquote; is that correct?
# 282 MR. COCHRAN: Your Honor, object. He's been consistent throughout.
# 283 THE COURT: Overruled.
# 284 MR. DARDEN: Is that correct?
# 285 MR. VALERIE: The quote you're citing is from that document. That is not a quote that's attributable to me.
KEY QUOTE # 286 THE COURT: All right. Let's move on.
# 287 MR. VALERIE: That is a summary.
# 288 MR. DARDEN: And you told us this morning that during the--during that one-hour period that you--you saw the Defendant reading something?
# 289 MR. VALERIE: That is correct.
# 290 MR. DARDEN: Okay. And did you watch the Defendant read throughout the entire flight?
# 291 MR. VALERIE: In the moments that I watched him, I viewed him reading the document.
# 292 MR. DARDEN: Well, you just read this June 17th statement again, right? Is that correct?
# 293 MR. VALERIE: Uh-huh. That is correct.
# 294 MR. DARDEN: And would you agree that this statement is inconsistent with what you've just told us here in court?
# 295 MR. COCHRAN: Object, your Honor. Object to the form of that question.
# 296 THE COURT: Sustained. Rephrase the question.
# 297 MR. DARDEN: Mr. Valerie, doesn't the statement state at paragraph 4, quote, "Mr. Valerie stated that throughout the flight, Mr. Simpson was reading documents which he removed from a black duffel bag," unquote? Did I read that accurately?
# 298 MR. VALERIE: Yes, I guess you did.
# 299 MR. DARDEN: Was Defendant reading during that entire flight, Mr. Valerie?
# 300 MR. VALERIE: I can only attest to what I viewed during the flight and during my observations of him other than the moments I saw him before take--before--before takeoff and upon landing, my views of him were reading the document. At least he was looking at it. I didn't notice if he was reading. I mean, I don't know if he was really reading or not, right?
# 301 MR. DARDEN: Well, this morning, you testified that he was reading.
# 302 MR. COCHRAN: Argumentative.
# 303 THE COURT: Sustained.
# 304 MR. DARDEN: Well, did you testify this morning, sir, that he was reading?
# 305 MR. VALERIE: His pose appeared to be reading and that's what I would be doing if I were looking at a document.
# 306 MR. DARDEN: And you told us this morning that you couldn't tell exactly what the document was; is that correct?
# 307 MR. VALERIE: In terms of the subject of the document?
# 308 MR. DARDEN: In terms of the identification.
# 309 MR. VALERIE: I think I described it in pretty good detail.
# 311 MR. VALERIE: Other than the subject of the document, I described what I saw.
# 312 MR. DARDEN: What was the subject of the document?
# 313 MR. VALERIE: I don't know.
# 314 MR. DARDEN: Didn't you tell Mr. Pavelic that the document was a movie script?
# 315 MR. VALERIE: I said it was double-spaced typed on white 8-1/2 by 11 paper and that the documents I've seen that are double-spaced like that appeared to be--I said actually a legal document, okay, or he said, could it potentially have been a script, and I said, yeah or something like that.
# 316 MR. DARDEN: So you told Mr. Pavelic that the Defendant was reading a movie script?
# 317 MR. VALERIE: No, I did not. He interjected that, could it have been a movie script. I said yes, it was some document--all I described and attested to was the fact that it was a double-spaced typed document on 8-1/2 by 11 loose-leaf paper.
# 318 MR. DARDEN: Well, doesn't this statement dated June 17, 1994 state, "Mr. Valerie opined that OJ was reading a movie script"?
# 319 MR. VALERIE: That--
# 320 MR. COCHRAN: Could he finish that statement?
# 322 MR. DARDEN: I'm sorry?
# 323 MR. COCHRAN: I said did you complete the statement?
# 324 THE COURT: Is that the complete statement in the--
# 325 MR. DARDEN: Okay. The statement states, your Honor, quote: "Mr. Valerie opined that OJ was reading a movie script, dot, dot, dot, dot, and he could see that the document was written in a double-spaced format," unquote. Is that what the statement says?
# 326 MR. VALERIE: That's what the statement says and that is inconsistent with what I said.
# 327 MR. DARDEN: Well, did you read a portion of that document? Did you yourself read a portion of the document you say is the--Mr. Simpson--
# 328 MR. VALERIE: No, I could not read the document or its subject content.
# 329 MR. DARDEN: Were you close enough to read it?
# 330 MR. VALERIE: No. I was close enough to describe what I've described to you.
# 331 MR. DARDEN: Now, you were seated on one side of the plane and Mr. Simpson was seated on the other side; is that correct?
# 332 MR. VALERIE: That is correct.
# 333 MR. DARDEN: And after the plane took off, did the pilot lower the cabin lights?
# 334 MR. VALERIE: The main cabin lights, that's correct.
# 335 MR. DARDEN: And the first class area, first class passenger area was relatively dark or dim?
# 336 MR. VALERIE: The--other than Mr. Simpson's light illuminating him and his seat.
# 337 MR. DARDEN: Okay. But you weren't close enough to read the document?
# 338 MR. COCHRAN: Objection, your Honor. That--objection. Asked and answered.
# 339 THE COURT: Sustained.
# 341 MR. DARDEN: Thank you, your Honor.
# 342 MR. DARDEN: During your June 16, 1994 interview with Detective Kilcoyne, didn't you tell him that you were close enough to read Simpson's script or contract which he read throughout the trip?
# 343 MR. VALERIE: No, I did not.
# 344 MR. DARDEN: Okay. Showing you again this June 16, 1994 handwritten LAPD report, is that indicated in the report three-quarters down at the bottom of the page?
# 345 MR. VALERIE: It's stated, "He was close enough to read Simpson's script or contract." That's what is worded here. What is implied is that I was able to make out that it was some kind of document, script or contract, and that's--if that's not what is understood from this second-hand document, I'll make it clear that that's what is my testimony.
KEY QUOTE # 346 MR. DARDEN: By the way, is there anything in either of the three documents that I've handed you, the June 23 and June 17 documents from William Pavelic, the Defense investigator, the LAPD report by Detective Kilcoyne, is there anything in those documents that indicates that they are summaries of conversations that those persons had with you?
# 347 MR. COCHRAN: Your Honor, object to the form of that question. It's argumentative.
# 348 THE COURT: Overruled. You can answer.
# 349 MR. VALERIE: Uh, not that I see here, no.
# 350 MR. DARDEN: Okay. Now, you were kept in a room upstairs on the 19th floor, is that right, today?
# 353 MR. VALERIE: No. I went up there and just had something to eat and I've been down here in the hallway.
# 354 MR. DARDEN: They have food up there?
# 355 MR. VALERIE: They do.
# 356 MR. DARDEN: And were you in that room along with Michael Gladden?
# 357 MR. VALERIE: I don't know. I don't know who Michael Gladden is.
# 358 MR. DARDEN: Were you in that room with other persons who have testified today for the Defense and who are waiting to testify?
# 359 MR. VALERIE: Uh, other than Howard Bingham who I recognized from the flight and also the gentleman who sat behind me, Gary Adelson was up there. I don't know him. I recognized those two, but I don't know them, and--and they were up in the room. In fact, they were up in another room. I didn't sit with them. I sat and had something to eat and a cup of coffee out in a common area table.
# 360 MR. DARDEN: The shoes that you saw Mr. Simpson wearing that night, they weren't boots, were they?
# 362 MR. DARDEN: And they weren't tan in color, were they?
# 363 MR. VALERIE: No, they were not.
# 364 MR. DARDEN: By the way, did you ever have a discussion with Mr. Gladden, with Michael Gladden regarding his description of the shoes the Defendant wore that night?
# 365 MR. VALERIE: As I just stated before, I don't know who Michael Gladden is.
# 366 MR. DARDEN: The shoes you saw the Defendant wearing that night were loafers, weren't they?
# 367 MR. VALERIE: That is correct.
# 368 MR. DARDEN: And they were black, weren't they?
# 369 MR. VALERIE: My recollection is black or dark blue.
# 370 MR. DARDEN: And when you testified this morning, you said that those black or dark blue loafers were European; is that correct?
# 371 MR. VALERIE: I said they looked, appeared European.
# 372 MR. DARDEN: When--when you spoke to Detective Crotsley on October 5, 1994, you said those were black or blue loafers, were Italian loafers, didn't you?
# 373 MR. VALERIE: Italian style, that's correct. That's the word I used back then.
# 374 MR. DARDEN: Is there some reason that today you used the word "European" as opposed to "Italian"?
# 375 MR. VALERIE: Uh, just trying to be more precise to help you out.
# 376 MR. DARDEN: Well, you mean to help Johnnie and Carl out, don't you?
KEY QUOTE # 377 MR. COCHRAN: Object to the from of that question, your Honor.
# 378 THE COURT: Sustained.
# 379 MR. VALERIE: I didn't get a good chance to--
# 380 THE COURT: Hold on. Hold on. There's no question pending.
# 381 MR. DARDEN: Did you have a good opportunity to see the shoes the Defendant wore that night?
# 382 MR. VALERIE: Can you repeat the question?
# 383 MR. DARDEN: I said, were you given a fair opportunity to see the shoes that the Defendant wore that night?
# 384 MR. VALERIE: Yeah. Quite a good amount, yes.
# 385 MR. DARDEN: Did you look at the Defendant's shoes as carefully as you looked at his face and his hair and his clothing?
# 387 MR. DARDEN: You looked at his feet?
# 388 MR. VALERIE: I did.
# 389 MR. DARDEN: You paid particular attention to the Defendant's feet?
# 390 MR. VALERIE: Yes, I did.
# 391 MR. DARDEN: And why did you do that?
# 392 MR. VALERIE: Because I was--I noticed the shoes and I noticed he wasn't wearing socks with the shoes. That's what my recollection of that evening was. It was just an observation along with all the other observations I made.
# 393 MR. DARDEN: I'm sorry. Did you say the Defendant wasn't wearing socks?
# 394 MR. VALERIE: That's correct.
# 395 MR. DARDEN: How do you know that?
# 396 MR. VALERIE: Uh, because my eyesight is good and--with corrected vision, and as I know you're wearing a blue suit, he was wearing no socks.
# 397 MR. DARDEN: Did you think that was odd or unusual?
# 398 MR. VALERIE: Absolutely not. They fit the decor of what he was wearing.
# 399 MR. DARDEN: Well, if you didn't consider that odd or unusual, why then did you pay attention to that fact?
# 400 MR. VALERIE: As I paid attention to everything else that evening.
# 401 MR. DARDEN: I assume that you approved of the clothing the Defendant wore. I mean--
# 402 MR. COCHRAN: Object. That's irrelevant and immaterial.
# 403 THE COURT: Sustained. It is.
# 404 MR. DARDEN: I'm sorry. What kind of pants did you say the Defendant was wearing?
# 405 MR. VALERIE: Uh, cotton pants. Not denim. You know, brush cotton or something. I'm not specific on the apparel terminology.
# 406 MR. DARDEN: Oh, the pants weren't denim?
# 407 MR. VALERIE: No. Not jeans anyway.
# 408 MR. DARDEN: They weren't jeans?
# 409 MR. VALERIE: They were not jeans.
# 410 MR. DARDEN: They weren't Levis?
# 411 MR. VALERIE: Levis is a brand. I don't know what brand they were.
# 412 MR. DARDEN: You told us this morning that the Defendant was given some water by the flight attendant; is that correct?
# 413 MR. VALERIE: That's correct. Had ice in it.
# 414 MR. DARDEN: I'm sorry?
# 415 MR. VALERIE: Had some ice in it.
# 416 MR. DARDEN: You saw the Defendant--I'm sorry. You saw the flight attendant retrieve some water and bring it to the Defendant?
# 417 MR. VALERIE: That's correct.
# 418 MR. DARDEN: Okay. And when was that exactly?
# 419 MR. VALERIE: My recollection of that was actually right before takeoff.
# 421 MR. VALERIE: But I said--I worded it "Recollection" because it could have been right after takeoff. That--the timing of that I really don't know, but I did notice he had water very--certainly within the first 15 minutes of that flight.
# 422 MR. DARDEN: Okay. And when you saw the flight attendant bring the Defendant some water, did she bring him that water in a cup or a glass?
# 423 MR. VALERIE: It was a small clear plastic cup.
# 424 MR. DARDEN: And after the flight attendant brought the Defendant that water in that clear plastic cup, did you see her return with the bottle of water?
# 425 MR. VALERIE: No, I did not, or I didn't notice it.
# 426 MR. DARDEN: You didn't notice that?
# 427 MR. VALERIE: Uh, no. She also served me a drink. So--I mean, I wasn't really paying attention to who was ordering what drink as we--after flight.
# 428 MR. DARDEN: Didn't you see the flight attendant bring Mr. Simpson water on three or four occasions?
# 429 MR. VALERIE: Not--I didn't witness three or four occasions, no.
# 430 MR. DARDEN: Do you recall the flight attendant's name?
# 432 MR. DARDEN: Did she tell you her name?
# 433 MR. VALERIE: I've never met her other than that flight. But no, I've never seen her. I don't know her name. I wouldn't even be able to pick her out.
# 434 MR. DARDEN: And then again, you slept most of the flight; is that correct?
# 435 MR. VALERIE: Uh, of the three and a half hour flight, I slept probably about I would say two hours, maximum two and a half hours, but in a--not in a consistent sleep. It was on and off.
# 436 MR. DARDEN: And during those moments that you were awake, which must have been what, an hour to hour and a half?
# 437 MR. VALERIE: Uh-huh.
# 438 MR. DARDEN: Is that right?
# 439 MR. VALERIE: That's correct.
# 440 MR. DARDEN: Were you looking at the Defendant throughout that hour or one-and-one-half hour period?
# 441 MR. VALERIE: Uh, my most intense observations of Mr. Simpson were in the first hour. After that, I mean, I--things really didn't change much from my perspective in that I saw what he looked like, saw what he wore and made the observations that I've stated to you and the police investigators.
# 442 MR. DARDEN: Okay. So your observations of the--well, strike that. You would describe your observations of the Defendant as intense observations; is that right?
# 443 MR. VALERIE: As what type of observations?
# 444 MR. DARDEN: Intense.
# 445 MR. VALERIE: Intense.
# 447 MR. VALERIE: Relative to how I may observe some other not as famous individual, I would say yes.
# 448 MR. DARDEN: Okay. Now, did you see the Defendant go to the rest room?
# 449 MR. VALERIE: I only saw him go once.
# 450 MR. DARDEN: Okay. You didn't see the Defendant go to the rest room four or five times during the flight?
# 451 MR. COCHRAN: Your Honor, objection. Asked and answered.
# 452 THE COURT: Overruled.
# 453 MR. VALERIE: I did not see him. I stated I saw him once get up to go to the bathroom.
# 454 MR. DARDEN: Did you ever see the Defendant retrieve a pair of socks and put them on?
# 455 MR. VALERIE: No, I did not.
# 456 MR. DARDEN: Okay. Did you ever see him change his clothes at all?
# 457 MR. VALERIE: No, I did not.
# 458 MR. DARDEN: Did you ever see the Defendant change from tan boots to black or blue Italian loafers?
# 459 MR. VALERIE: No, I did not.
# 460 MR. DARDEN: Has anyone shown you a pair of Italian loafers?
# 461 MR. VALERIE: No, they have not.
# 462 MR. DARDEN: Mr. Cochran or Mr. Douglas didn't show you a pair?
# 463 MR. VALERIE: They did not.
# 464 MR. DARDEN: Can I have one moment? I'm almost finished, your Honor.
# 467 MR. DARDEN: When you went to sleep, Mr. Simpson was still awake; is that correct?
# 468 MR. VALERIE: That is correct.
# 469 MR. DARDEN: And when you woke up, Mr. Simpson was still awake; is that correct?
# 470 MR. VALERIE: That's correct.
# 471 MR. DARDEN: And what time did that plane leave--land in Chicago, Pacific time?
# 472 MR. VALERIE: Again, I've been told 4:35. I don't recall exactly. And 4:35, I guess that would be Chicago time. But again, I wasn't paying particular attention to the time at that point.
# 473 MR. DARDEN: Okay. And Chicago is two hours ahead of us here in Los Angeles?
KEY QUOTE # 474 MR. VALERIE: Still is.
# 475 MR. DARDEN: Thank you, your Honor. Thank you, Mr. Valerie.
# 476 MR. VALERIE: Thank you, Mr. Darden.