Direct examination of James Merrill (part 1)

📄 Direct examination of James Merrill (part 1) — Thursday, July 13, 1995

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C:\DEPT103\CRIMINAL\1995\JUL\13\DIRECT-EXAMINATION-OF-JAMES-ME.DOC

TRIAL

▲ Day 114 of 167

◀ James Merrill sworn Direct examination of James Merrill (part 2) ▶

Witness: Jim Merrill
Examiner: Carl Douglas
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 215

Carl Douglas conducted direct examination of James Merrill, a Hertz corporate sales rep who picked up OJ Simpson at O'Hare airport on the morning of June 13, 1994 — the day after the murders. Merrill testified that Simpson appeared relaxed, cordial, and happy, and that during all of his interactions with Simpson that morning he saw no cuts or marks on Simpson's left hand finger. The testimony serves the defense theory that Simpson had no visible injuries consistent with cutting himself during the murders.

# 1 THE CLERK:

Thank you.

DIRECT EXAMINATION BY MR. DOUGLAS

# 2 MR. DOUGLAS:

Mr. Merrill, good afternoon.

# 3 MR. MERRILL:

Good afternoon.

# 4 MR. DOUGLAS:

Sir, what is your occupation?

# 5 MR. MERRILL:

Work for the Hertz corporation.

# 6 MR. DOUGLAS:

And, sir, how long have you worked for Hertz?

# 7 MR. MERRILL:

Just under two years.

# 8 MR. DOUGLAS:

What do you do for Hertz, sir?

# 9 MR. MERRILL:

I'm in the corporate sales department, sales representative.

# 10 THE COURT:

Excuse me, Mr. Merrill. Pull the microphone a little closer to you there.

# 11 MR. MERRILL:

Sure.

# 12 THE COURT:

Thank you. Mr. Douglas.

# 13 MR. DOUGLAS:

Mr. Merrill, is it the practice of Hertz corporation to hold a function each year?

# 14 MR. MERRILL:

Yes, it is.

# 15 MR. DOUGLAS:

What sort of function is that?

# 16 MR. MERRILL:

We like to have a golf outing once a year.

# 17 MR. DOUGLAS:

Was such a function held this year?

# 18 MR. MERRILL:

Yes, it was.

# 19 MR. DOUGLAS:

When was that?

# 20 MR. MERRILL:

That was this prior Monday. That's where I got the sunburn.

# 21 MR. DOUGLAS:

Was that golf tournament held last year?

# 22 MR. MERRILL:

Yes, it was.

# 23 MR. DOUGLAS:

What was the date of the tournament?

# 24 MR. MERRILL:

June 13th.

# 25 MR. DOUGLAS:

At the golf tournament, what sorts of people does Hertz introduce or bring forward?

# 26 MR. MERRILL:

Typically what we like to do is bring a celebrity to help entertain the clients that we do have in town for the golf outing.

# 27 MR. DOUGLAS:

And what sorts of clients come for the festival?

# 28 MR. MERRILL:

People who have a purchasing decision in the companies that we do business with.

# 29 MR. DOUGLAS:

What role, sir, did you play last year with that golf tournament?

# 30 MR. MERRILL:

Last year, I was asked to pick up Mr. Simpson at the airport when he flew in that morning.

# 31 MR. DOUGLAS:

When did you first learn, sir, that Mr. Simpson would be coming to Chicago?

# 32 MR. MERRILL:

Approximately a month before he came into town.

# 33 MR. DOUGLAS:

And, sir, what sort of arrangement did you make to pick him up?

# 34 MR. MERRILL:

I personally didn't make the arrangements. Those were made by Casey Tomasine back at my office.

# 35 MR. DOUGLAS:

Did there come a time, sir, when you were involved with actually picking him up?

# 36 MR. MERRILL:

Yes, there was.

# 37 MR. DOUGLAS:

What was--what was the caring in that regard?

# 38 MR. MERRILL:

I was to pick up a Lincoln town car in the morning and go over to the airport and pick him up at the gate.

# 39 MR. DOUGLAS:

And did you do so?

# 40 MR. MERRILL:

Yes, I did.

# 41 MR. DOUGLAS:

Were you with anyone?

# 42 MR. MERRILL:

Yes, I was.

# 43 MR. DOUGLAS:

Whom else were you with?

# 44 MR. MERRILL:

Bombay shah.

# 45 MR. DOUGLAS:

And what role did you play in that process and what role did Mr. Shah play?

# 46 MR. MERRILL:

My role was to meet Mr. Simpson at the gate and escort him to the car and then to the hotel. Mr. Shah's role was to watch my car as I was--as I was meeting Mr. Simpson at the gate.

# 47 MR. DOUGLAS:

And what time, sir, did the flight come in?

# 48 MR. MERRILL:

Flight came in at 5:34.

# 49 MR. DOUGLAS:

That's Chicago time?

# 50 MR. MERRILL:

That's Chicago time.

# 51 MR. DOUGLAS:

And did you go to the gate?

# 52 MR. MERRILL:

Yes, I did.

# 53 MR. DOUGLAS:

Did you have occasion to meet Mr. Simpson?

# 54 MR. MERRILL:

Yes, I did.

# 55 MR. DOUGLAS:

Can you describe for me his demeanor when he came off of the airplane?

# 56 MR. MERRILL:

Very relaxed, looked a little tired, happy, friendly, cordial.

KEY QUOTE

# 57 MR. DOUGLAS:

Was he carrying any luggage?

# 58 MR. MERRILL:

Yes, he was.

# 59 MR. DOUGLAS:

How many pieces?

# 60 MR. MERRILL:

He had two pieces.

# 61 MR. DOUGLAS:

Can you describe the two pieces for me, please?

# 62 MR. MERRILL:

He had a black garment bag and a black duffel bag.

# 63 MR. DOUGLAS:

Mr. Merrill, looking first at a document--at a bag that's exhibit 1065--

# 64 MR. MERRILL:

Uh-huh.

# 65 MR. DOUGLAS:

--do you recognize this, sir?

# 66 MR. MERRILL:

Yes, I do.

# 67 MR. DOUGLAS:

And how do you recognize it?

# 68 MR. MERRILL:

The initials on the front of the bag.

# 69 MR. DOUGLAS:

The O.J.S.?

# 70 MR. MERRILL:

The O.J.S., correct.

# 71 MR. DOUGLAS:

And does that appear to be similar to the garment bag that you saw him with on that day?

# 72 MR. MERRILL:

Yes.

# 73 MR. DOUGLAS:

Looking at what is marked as exhibit 1064, do you recognize that, sir?

# 74 MR. MERRILL:

Yes, I do.

# 75 MR. DOUGLAS:

And what is that?

# 76 MR. MERRILL:

That is a black duffel bag.

# 77 MR. DOUGLAS:

And does that appear to be consistent with the bag that you saw him carrying that day?

# 78 MR. MERRILL:

Yes, it does.

# 79 MR. DOUGLAS:

When you first met Mr. Simpson, did you shake his hand?

# 80 MR. MERRILL:

Yes.

# 81 MR. DOUGLAS:

And what did you and he then do?

# 82 MR. MERRILL:

At that point, we proceeded down to the baggage claim area.

# 83 MR. DOUGLAS:

When you got to the baggage claim area, what did you do there?

# 84 MR. MERRILL:

There we sat down on a bench, conversed and waited for the bags to arrive.

# 85 MR. DOUGLAS:

While you were waiting for the bags to arrive, did anything happen?

# 86 MR. MERRILL:

Yes. Many people were coming out of the--or coming down the hallway which we were in and conversing with Mr. Simpson, shaking hands, asking for autographs.

# 87 MR. DOUGLAS:

You saw people coming down and introducing themselves to Mr. Simpson?

# 88 MR. MERRILL:

Yes.

# 89 MR. DOUGLAS:

You say they were shaking his hands?

# 90 MR. MERRILL:

Yes.

# 91 MR. DOUGLAS:

They were asking for autographs?

# 92 MR. MERRILL:

Yes.

# 93 MR. DOUGLAS:

Was he complying?

# 94 MR. MERRILL:

Yes, he was.

# 95 MR. DOUGLAS:

What was his demeanor when he was doing that?

# 96 MR. MERRILL:

Umm, again, very cordial, happy.

# 97 MR. DOUGLAS:

Would you estimate the number of people who came and interacted with Mr. Simpson that morning while waiting for his luggage?

# 98 MR. MERRILL:

Good estimate would be 15 to 20.

# 99 MR. DOUGLAS:

And you were nearby while he interacted with all of them?

# 100 MR. MERRILL:

I was right next to him.

# 101 MR. DOUGLAS:

Was there anything unusual about the manner in which he interacted with those people?

# 102 MR. MERRILL:

None.

# 103 MR. DOUGLAS:

Did there come a time, sir, when Mr. Simpson's bags arrived on the baggage carousel?

# 104 MR. MERRILL:

Yes.

# 105 MR. DOUGLAS:

And what happened then?

# 106 MR. MERRILL:

Mr. Simpson stood up to go get his golf bag, and I grabbed the garment bag and the duffel bag and followed him.

# 107 MR. DOUGLAS:

And where did he place the--withdrawn. Was Mr. Shah in a car waiting somewhere close by?

# 108 MR. MERRILL:

Yes, he was.

# 109 MR. DOUGLAS:

And what occurred then?

# 110 MR. MERRILL:

Well, he picked up his bag from the carousel, we proceeded out the door and to the car where Mr. Shah was waiting.

# 111 MR. DOUGLAS:

And what if anything happened to the golf bag?

# 112 MR. MERRILL:

The golf bag was placed in the back of the town car.

# 113 MR. DOUGLAS:

And what if anything happened to the other bags?

# 114 MR. MERRILL:

The other bags were placed in the backseat of the town car.

# 115 MR. DOUGLAS:

Okay. Did Mr. Shah go with you on your travel leaving the airport?

# 116 MR. MERRILL:

No, he did not.

# 117 MR. DOUGLAS:

What did he do?

# 118 MR. MERRILL:

Mr. Shah took the Hertz bus back to the Hertz operations.

# 119 MR. DOUGLAS:

Did you then drive Mr. Simpson?

# 120 MR. MERRILL:

Excuse me?

# 121 MR. DOUGLAS:

Did you then drive Mr. Simpson?

# 122 MR. MERRILL:

Yes, I did.

# 123 MR. DOUGLAS:

And where was he seated?

# 124 MR. MERRILL:

Mr. Simpson was seated to my right in the front seat.

# 125 MR. DOUGLAS:

Now, did O'Hare make arrangements for the lodging of guests who were attending the golf festival on June the 13th?

# 126 MR. MERRILL:

Yes.

# 127 MR. DOUGLAS:

And what hotel was Mr. Simpson scheduled to stay at?

# 128 MR. MERRILL:

The--it was Howard Johnson O'Hare Plaza Hotel.

# 129 MR. DOUGLAS:

And how far of a distance was the hotel from the airport?

# 130 MR. MERRILL:

Not far. Within five miles.

# 131 MR. DOUGLAS:

What was the driving time on that morning?

# 132 MR. MERRILL:

Approximately I would say seven to 10 minutes.

# 133 MR. DOUGLAS:

While you and he were driving in your car, did he ever have occasion to ask you to put on the news?

# 134 MR. MERRILL:

No, he did not.

# 135 MR. DOUGLAS:

Were you listening to anything on the radio?

# 136 MR. MERRILL:

I had a radio station on. I don't recall what it was. It was a music station.

# 137 MR. DOUGLAS:

During the course of you and he driving together to the airport--I'm sorry--to the hotel, what did you and he do?

# 138 MR. MERRILL:

Oh, we just--we were talking about how bad the weather was, it was raining, and we were concerned about the fact that we may not be able to play golf that afternoon. We discussed--

# 139 MS. CLARK:

Objection. Hearsay.

# 140 THE COURT:

Sustained.

# 141 MR. DOUGLAS:

Did you and he discuss arrangements for his travel to the actual tournament later that morning?

# 142 MR. MERRILL:

Yes, we did.

# 143 MR. DOUGLAS:

Was there a discussion as to what would be done with the golf bag that was then in the trunk?

# 144 MR. MERRILL:

No, there was not.

# 145 MR. DOUGLAS:

Upon arriving at the airport--I'm sorry--at the hotel, what happened then?

# 146 MR. MERRILL:

When we pulled up to the hotel, we--I parked the car in front, we exited the car and Mr. Simpson took his bags, his--this bag and the duffel bag and the golf clubs stayed in the trunk. We entered the hotel and went up to the reception desk and--

# 147 MR. DOUGLAS:

If he was coming for the golf tournament, why were the glove clubs remaining in his car with his checking into the hotel?

# 148 MR. MERRILL:

Because we were going to be getting together to play golf later that morning.

# 149 MR. DOUGLAS:

Were you going to be taking him from the hotel to the golf tournament?

# 150 MR. MERRILL:

Yes.

# 151 MR. DOUGLAS:

Did he express any hesitance with leaving the golf clubs inside your trunk when you drove away?

# 152 MR. MERRILL:

None. No.

# 153 MR. DOUGLAS:

Did he suggest that you should not open the trunk or go into the bag?

# 154 MR. MERRILL:

No.

# 155 MS. CLARK:

Objection. That's hearsay.

# 156 THE COURT:

Answer is stricken. Jury is to disregard.

# 157 MR. DOUGLAS:

What happened when you walk into the hotel?

# 158 MR. MERRILL:

We walked up to the reception area or the front desk, and Mr. Simpson was being checked in and there was a couple people that also asked for autographs if I remember correctly.

# 159 MR. DOUGLAS:

And did he comply?

# 160 MR. MERRILL:

Yes, he did. Yes, he did.

# 161 MR. DOUGLAS:

What happened next?

# 162 MR. MERRILL:

After that, I wrote down my cellular number and my home phone number on my business card, handed it to Mr. Simpson. We both talked about how we were hoping that the weather would become nicer and walked him to the elevator, shook hands and discussed about getting back together later that morning.

# 163 MR. DOUGLAS:

Did you see Mr. Simpson anymore that day after he got into the elevator?

# 164 MR. MERRILL:

No, I did not.

# 165 MR. DOUGLAS:

Now, you had a chance to see Mr. Simpson when he first came off of the airplane?

# 166 MR. MERRILL:

Yes.

# 167 MR. DOUGLAS:

You had a chance to see him for the time while you waited for the bags to come?

# 168 MR. MERRILL:

Yes.

# 169 MR. DOUGLAS:

About how much time did it take for the bags to come did you say?

# 170 MR. MERRILL:

Approximately 10 minutes.

# 171 MR. DOUGLAS:

You had a chance to see Mr. Simpson while you and he were inside your car traveling to his hotel?

# 172 MR. MERRILL:

Yes.

# 173 MR. DOUGLAS:

You had a chance to see Mr. Simpson while he interacted with--

# 174 MS. CLARK:

Objection. This is all leading, your Honor.

# 175 THE COURT:

Sustained.

# 176 MR. DOUGLAS:

Did you have a chance to see Mr. Simpson as he interacted with the guests at the hotel?

# 177 MR. MERRILL:

Yes, I did.

# 178 MR. DOUGLAS:

During the entire time that you interacted with Mr. Simpson that morning, did you notice anything unusual about his hands?

# 179 MR. MERRILL:

No, I did not.

# 180 MR. DOUGLAS:

Did you notice any cuts on the middle finger of his left hand?

# 181 MR. MERRILL:

No.

# 182 MR. DOUGLAS:

I'm going to show you a photograph that is People's exhibit 123, and you can look on the monitor to your right.

# 183 MS. CLARK:

Objection.

# 184 THE COURT:

I'm sorry. I didn't hear you.

# 185 MS. CLARK:

Objection, your Honor. Sorry. Objection.

# 186 THE COURT:

What's the objection?

# 187 MS. CLARK:

This photograph is irrelevant for the time frame posed.

# 188 THE COURT:

Which exhibit is this?

# 189 MR. DOUGLAS:

123, your Honor.

# 190 MS. CLARK:

Photograph taken June 13th in the afternoon.

# 191 THE COURT:

Overruled.

# 192 MR. MERRILL:

There's no picture.

# 193 THE COURT:

Mr. Douglas. Mr. Merrill.

# 194 MR. DOUGLAS:

Looking at the picture that is exhibit 123 shown on the monitor there, do you see what appears to be some sort of mark on Mr. Simpson's finger?

# 195 MR. MERRILL:

Yes.

# 196 MR. DOUGLAS:

During the time that you saw Mr. Simpson when he came off of the airplane and baggage claim and in the car and in the hotel, did you have occasion to see such a mark on his finger?

# 197 MR. MERRILL:

No.

# 198 MR. DOUGLAS:

When--thank you. When Mr. Simpson picked up his bags, you say that he personally picked up a golf bag?

# 199 MR. MERRILL:

Yes.

# 200 MR. DOUGLAS:

You picked up the garment bag and the duffel bag?

# 201 MR. MERRILL:

Yes.

# 202 MR. DOUGLAS:

Do you have occasion to recall whether or not there was another garment bag like a Louis Vuitton bag?

# 203 MR. MERRILL:

I don't know. I don't recall.

# 204 MR. DOUGLAS:

Okay. There could have been, but you didn't notice?

# 205 MR. MERRILL:

I didn't notice, no.

KEY QUOTE

# 206 MR. DOUGLAS:

After seeing Mr. Simpson enter the elevator at the hotel, did you have occasion to talk to him again?

# 207 MR. MERRILL:

Yes.

# 208 MR. DOUGLAS:

And approximately what time that morning did you talk to him again?

# 209 MR. MERRILL:

8:25.

# 210 MR. DOUGLAS:

And how did he contact you?

# 211 MR. MERRILL:

He contacted me by my cellular phone.

# 212 MR. DOUGLAS:

Now, have you been kind enough to bring your cellular phone records with you from Chicago?

# 213 MR. MERRILL:

Yes.

# 214 MR. DOUGLAS:

Your Honor, I would like to have marked as Defendant's next in order a two-page document from cellular one?

# 215 THE COURT:

1246.

Temperature

procedural

Key Quotes (3)

Jim Merrill

Very relaxed, looked a little tired, happy, friendly, cordial.

Defense establishing that Simpson showed no signs of distress or guilt the morning after the murders.

Jim Merrill

No, I did not.

Merrill's answer when asked if he noticed any cuts on the middle finger of Simpson's left hand — directly countering prosecution's blood evidence narrative.

Jim Merrill

No.

When asked if Simpson showed any hesitance about leaving golf clubs in the trunk — suggesting no consciousness of guilt regarding his baggage.

Evidence (4)

Defendant's 1065

Black garment bag with OJS initials, consistent with bag Simpson carried off plane

identified by witness

Defendant's 1064

Black duffel bag, consistent with bag Simpson carried off plane

identified by witness

People's 123

Photograph of Simpson's left hand showing a mark on his finger, taken June 13 in the afternoon

shown to witness; witness confirmed he did not see such a mark during morning interactions

Defendant's 1246

Two-page cellular phone records from Cellular One

introduced at end of examination to document 8:25 AM call from Simpson

Notable Exchanges (2)

Carl Douglas•Jim Merrill

Douglas methodically walked through every moment Merrill observed Simpson's hands — at the gate, baggage claim, in the car, at the hotel — then showed People's 123 and established Merrill never saw the mark visible in that afternoon photo.

strategic

Marcia Clark•Lance A. Ito

Clark objected to People's 123 as irrelevant for the time frame posed (photo taken afternoon, not morning); Ito overruled, allowing the defense to use a prosecution exhibit to undercut the prosecution's own injury timeline.

strategic

Light Moments (1)

Jim Merrill

Merrill mentions his sunburn when explaining the current year's golf tournament: 'That's where I got the sunburn.'

Objections

4 objections (3 sustained, 1 overruled)

Proceeding 6833 • 215 utterances • Defense witness

Criminal Trial

Department 103