Direct examination of James Merrill (part 2)

📄 Direct examination of James Merrill (part 2) — 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

◀ Direct examination of James Merrill (part 1) Mid-afternoon recess ▶

Witness: Jim Merrill
Examiner: Carl Douglas
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 190

Carl Douglas conducted a direct examination of Jim Merrill, a Hertz representative who was in Chicago on the morning of June 13, 1994. Merrill testified that Simpson called him three times in nine minutes that morning, sounding frantic, desperate, confused, and possibly crying, asking to be picked up urgently. The testimony was offered to establish Simpson's emotional state after learning of the murders and to corroborate the Chicago alibi timeline.

# 1 (Deft's 1246 for id = phone records)

# 2 MR. DOUGLAS:

I've shown it to counsel.

# 3 MR. DOUGLAS:

Looking at exhibit--

# 4 THE COURT:

1246.

# 5 MR. DOUGLAS:

--1246, do you recognize that exhibit, sir?

# 6 MR. MERRILL:

Yes, I do.

# 7 MR. DOUGLAS:

And what is that exhibit?

# 8 MR. MERRILL:

That's my cellular one phone bill.

# 9 MR. DOUGLAS:

And for what dates are shown?

# 10 MR. MERRILL:

From June 9th through June 22nd.

# 11 MR. DOUGLAS:

And do you see on there any notations for incoming calls that may have been received on June the 13th?

# 12 MR. MERRILL:

Yes.

# 13 MR. DOUGLAS:

And what is the time of the first incoming call?

# 14 MR. MERRILL:

8:25 A.M.

# 15 MR. DOUGLAS:

Now, did you receive any phone calls on your cellular phone that morning before the call to Mr. Simpson?

# 16 MR. MERRILL:

No.

# 17 MR. DOUGLAS:

When Mr. Simpson called you at 8:25, can you say something about what his demeanor was?

# 18 MR. MERRILL:

He was very desperate. He sounded very upset, confused, very frantic.

KEY QUOTE

# 19 MR. DOUGLAS:

And did he have any request of you?

# 20 MR. MERRILL:

Oh, yeah. Yeah. He wanted me to come pick him up as quickly as I could.

# 21 MR. DOUGLAS:

Now, sir, just so we have some time frame in mind--

# 22 MR. MERRILL:

Uh-huh.

# 23 MR. DOUGLAS:

--how much time had passed between your seeing him in the elevator and your receiving the call?

# 24 MR. MERRILL:

Approximately two hours.

# 25 MR. DOUGLAS:

How long did that first telephone call last?

# 26 MR. MERRILL:

About 15 seconds.

# 27 MR. DOUGLAS:

And was there an occasion for him to call you again?

# 28 MR. MERRILL:

Yes, there was.

# 29 MR. DOUGLAS:

How much time passed between the first time that he called and the second time?

# 30 MR. MERRILL:

Seven minutes.

# 31 MR. DOUGLAS:

Seven minutes?

# 32 MR. MERRILL:

Seven minutes.

# 33 MR. DOUGLAS:

And, sir, what occurred during the second phone call?

# 34 MR. MERRILL:

He was asking me where I was.

# 35 MS. CLARK:

Objection. Hearsay.

# 36 MR. DOUGLAS:

Subsequent conduct only, your Honor. Not for the truth.

# 37 MS. CLARK:

Your Honor--

# 38 THE COURT:

No. That's--asking where you were doesn't do that. Sustained. Jury is to disregard it.

# 39 MR. DOUGLAS:

How far away from the Chicago Plaza Hotel were you when you received the first call?

# 40 MR. MERRILL:

About 20 to 25 miles.

# 41 MR. DOUGLAS:

And between the--how much driving time was that?

# 42 MR. MERRILL:

Depending on traffic, anywhere from 30 minutes to an hour.

# 43 MR. DOUGLAS:

And between the first call that you received and the second call, had you made arrangements to return to the hotel?

# 44 MR. MERRILL:

Yes. I was in my car.

# 45 MR. DOUGLAS:

How long did the conversation last for the second call?

# 46 MR. MERRILL:

Again, it was very quick. Probably less than 30 seconds.

# 47 MR. DOUGLAS:

And can you describe his demeanor then?

# 48 MR. MERRILL:

Yes. Again, it was very, very hurried, very frantic, confused, desperate.

# 49 MR. DOUGLAS:

Did there come a time that he called you a third time?

# 50 MR. MERRILL:

Yes.

# 51 MR. DOUGLAS:

And what time was that third call?

# 52 MR. MERRILL:

Two minutes later.

# 53 MR. DOUGLAS:

And what was his demeanor during the third call?

# 54 MR. MERRILL:

The third call was probably the most desperate.

KEY QUOTE

# 55 MR. DOUGLAS:

How so?

# 56 MR. MERRILL:

Well, he--he--I was--at this point, I was very concerned. I had no idea what had happened. So I asked the question what had happened. I told him I was very concerned. He at that point--

# 57 THE COURT:

All right. Hold on there. Next question.

# 58 MR. DOUGLAS:

When he was talking to you, did you notice anything different in his voice?

# 59 MR. MERRILL:

Yes.

# 60 MR. DOUGLAS:

What did you notice?

# 61 MR. MERRILL:

It was cracking. Umm, he sounded like he was crying.

KEY QUOTE

# 62 MR. DOUGLAS:

And how long did the third telephone call last?

# 63 MR. MERRILL:

The third phone call lasted approximately a minute.

# 64 MR. DOUGLAS:

I'd like to show you what has previously been marked as exhibit 490, which is a telephone record from Mr. Simpson's hotel room at the O'Hare Plaza Hotel. And looking at that document, do you see on there the phone number of the cellular phone that you were carrying with you that morning?

# 65 MR. MERRILL:

Yes, I do.

# 66 MR. DOUGLAS:

And how many times do you see your phone number listed there?

# 67 MR. MERRILL:

Three times.

# 68 MR. DOUGLAS:

Did there come a time when you arrived at the Plaza Hotel?

# 69 MR. MERRILL:

Yes.

# 70 MR. DOUGLAS:

And before I ask you that, how much time elapsed between Mr. Simpson's first call to you and the third call to you?

# 71 MR. MERRILL:

Approximately 20 minutes.

# 72 MR. DOUGLAS:

Can you check your records to verify?

# 73 MR. MERRILL:

Sure. (The witness complies.) between the first call and the third call?

# 74 MR. DOUGLAS:

Correct.

# 75 MR. MERRILL:

Nine minutes.

# 76 MR. DOUGLAS:

So he called you three times in nine minutes?

# 77 MR. MERRILL:

That's correct.

# 78 MR. DOUGLAS:

And the third call you say you thought he was crying?

# 79 MR. MERRILL:

Yes.

# 80 MR. DOUGLAS:

What did you do when you reached the hotel?

# 81 MR. MERRILL:

When I reached the hotel, again, I parked the car out front. I ran inside to try to contact or try to locate Mr. Simpson.

# 82 MR. DOUGLAS:

And was he inside?

# 83 MR. MERRILL:

No, he was not.

# 84 MR. DOUGLAS:

Without saying what occurred, did you speak with someone at the hotel about where he might have been?

# 85 MR. MERRILL:

Yes, I did.

# 86 MR. DOUGLAS:

After that conversation, did you attempt to look for him outside?

# 87 MR. MERRILL:

Yes.

# 88 MR. DOUGLAS:

Did you find out that he was there?

# 89 MR. MERRILL:

He was not outside.

# 90 MR. DOUGLAS:

Did you have a conversation with someone associated with Hertz about his whereabouts?

# 91 MR. MERRILL:

Yes, I did.

# 92 MR. DOUGLAS:

Who was that person?

# 93 MR. MERRILL:

John Johnson.

# 94 MR. DOUGLAS:

Without telling us what he said, what did you do after that conversation?

# 95 MR. MERRILL:

I hopped in the car and sped to O'Hare to try to put the clubs on the flight.

# 96 MR. DOUGLAS:

So you tried to catch his flight at the airport for the golf clubs?

# 97 MR. MERRILL:

Yes, I did.

# 98 MR. DOUGLAS:

There came a time I imagine when you reached the airport?

# 99 MR. MERRILL:

Yes.

# 100 MR. DOUGLAS:

And did you attempt to put the golf clubs on the flight that he was taking back to Los Angeles?

# 101 MR. MERRILL:

Yes.

# 102 MR. DOUGLAS:

Were you successful in putting the clubs on that flight?

# 103 MR. MERRILL:

No.

# 104 MR. DOUGLAS:

Did the clubs have to go on a different flight?

# 105 MR. MERRILL:

Yes.

# 106 MR. DOUGLAS:

To Los Angeles?

# 107 MR. MERRILL:

Yes.

# 108 MR. DOUGLAS:

Did there come a time when you spoke with him again about the clubs?

# 109 MR. MERRILL:

Yes.

# 110 MR. DOUGLAS:

Mr. Simpson I'm asking.

# 111 MR. MERRILL:

Mr. Simpson, yes.

# 112 MR. DOUGLAS:

And what day was that?

# 113 MR. MERRILL:

That was the following day, Tuesday.

# 114 MR. DOUGLAS:

Do you know the approximate time?

# 115 MR. MERRILL:

Approximately 11:00 in the morning.

# 116 MR. DOUGLAS:

Did you call him or did he call you?

# 117 MR. MERRILL:

He called me.

# 118 MR. DOUGLAS:

And during that conversation, did you give him the claim check for the bags, the claim check number for the bags to pick up in Los Angeles?

# 119 MR. MERRILL:

Yes.

# 120 MR. DOUGLAS:

Did you speak with him anymore after that conversation?

# 121 MR. MERRILL:

After that conversation, no.

# 122 MR. DOUGLAS:

Now, Mr. Merrill, you are testifying here because you've been served with a subpoena?

# 123 MR. MERRILL:

Yes.

# 124 MR. DOUGLAS:

And how did you travel out here?

# 125 MR. MERRILL:

Traveled by plane.

# 126 MR. DOUGLAS:

And were your flight arrangements made by the Defense?

# 127 MR. MERRILL:

Yes.

# 128 MR. DOUGLAS:

And have you been staying in a local hotel while in Los Angeles?

# 129 MR. MERRILL:

Yes.

# 130 MR. DOUGLAS:

And have those arrangements been made for you by the Defense?

# 131 MR. MERRILL:

Yes.

# 132 MR. DOUGLAS:

One moment.

# 133 (Discussion held off the record between Defense counsel.)

# 134 MR. DOUGLAS:

When Mr. Simpson called you on June the 14th, did he call to thank you?

# 135 MS. CLARK:

Objection. Hearsay.

# 136 THE COURT:

Sustained.

# 137 MR. DOUGLAS:

When he called you on June the 13th, there were other things that he spoke to you about other than the golf clubs?

# 138 MR. MERRILL:

Yes.

# 139 MS. CLARK:

Objection. Hearsay.

# 140 THE COURT:

Overruled.

# 141 MR. DOUGLAS:

Now, he had been scheduled to play in a golf tournament that day, correct?

# 142 MR. MERRILL:

On Monday.

# 143 MR. DOUGLAS:

The earlier day.

# 144 MR. MERRILL:

Right.

# 145 MR. DOUGLAS:

And because of the emergency, he was unable to play?

# 146 MR. MERRILL:

Yes.

# 147 MR. DOUGLAS:

And you had been the Hertz contact person concerning making arrangements for the golf tournament?

# 148 MR. MERRILL:

As far as OJ was concerned, yes.

# 149 MR. DOUGLAS:

Correct. So when he called you, did he talk to you about the tournament?

# 150 MS. CLARK:

Objection. Hearsay.

# 151 THE COURT:

Sustained.

# 152 MR. DOUGLAS:

One moment, your Honor.

# 153 THE COURT:

Certainly.

# 154 (Discussion held off the record between Defense counsel.)

# 155 MR. DOUGLAS:

Mr. Merrill, did there come a time on June the 16th of 1994 when you gave a statement to police officers concerning your observations?

# 156 MR. MERRILL:

Yes.

# 157 MR. DOUGLAS:

And was that about 5:30 in the evening?

# 158 MR. MERRILL:

Approximately.

# 159 MR. DOUGLAS:

And did there come a time on June 23rd that you spoke with an investigator for the Defense?

# 160 MR. MERRILL:

Yes.

# 161 MR. DOUGLAS:

And who was that person?

# 162 MR. MERRILL:

Pat McKenna.

# 163 MR. DOUGLAS:

Have you had occasion to speak with Mr. McKenna since then?

# 164 MR. MERRILL:

Yes.

# 165 MR. DOUGLAS:

On approximately how many times?

# 166 MR. MERRILL:

Oh, approximately half a dozen times.

# 167 MR. DOUGLAS:

Did some of those conversations involve arrangements for your travel to testify?

# 168 MR. MERRILL:

Yes.

# 169 MR. DOUGLAS:

Did some of those conversations involve arrangements for your travel to testify if needed at a preliminary hearing?

# 170 MS. CLARK:

Objection. This is all hearsay, leading.

# 171 THE COURT:

Sustained.

# 172 MR. DOUGLAS:

Did there come--was there an occasion when you met with lawyers representing Mr. Simpson?

# 173 MR. MERRILL:

Yes.

# 174 MR. DOUGLAS:

When was that?

# 175 MR. MERRILL:

Approximately two and a half months ago.

# 176 MR. DOUGLAS:

And with whom did you meet?

# 177 MR. MERRILL:

Mr. Bailey.

# 178 MR. DOUGLAS:

Have you and I spoken before today?

# 179 MR. MERRILL:

Yes, we have.

# 180 MR. DOUGLAS:

When was the first time?

# 181 MR. MERRILL:

The first time was last--last week. I'm going to guess Wednesday, Wednesday or Thursday.

# 182 MR. DOUGLAS:

And that was concerning a hearing about your being subpoenaed to come out here?

# 183 MR. MERRILL:

Correct.

# 184 MR. DOUGLAS:

And you and I have had occasion to talk yesterday?

# 185 MR. MERRILL:

Yes.

# 186 MR. DOUGLAS:

And earlier today?

# 187 MR. MERRILL:

Yes.

# 188 MR. DOUGLAS:

One moment, your Honor.

# 189 (Discussion held off the record between Defense counsel.)

# 190 MR. DOUGLAS:

Nothing further, your Honor.

Temperature

procedural

Key Quotes (4)

Jim Merrill

He was very desperate. He sounded very upset, confused, very frantic.

Defense's characterization of Simpson's emotional state on the morning he learned of the murders — framing grief, not guilt.

Jim Merrill

The third call was probably the most desperate.

Escalating distress across three calls in nine minutes supports the defense narrative of a man in shock.

Jim Merrill

It was cracking. Umm, he sounded like he was crying.

Direct emotional testimony about Simpson's voice — the most humanizing moment in the examination.

Jim Merrill

He called me three times in nine minutes.

Compressed into a single exchange, this detail conveys urgency and panic consistent with the defense's grief narrative.

Evidence (2)

Defense 1246

Jim Merrill's cellular phone bill covering June 9–22, 1994

introduced and used to confirm timing of incoming calls on June 13

People's 490

Telephone records from Simpson's room at the O'Hare Plaza Hotel

used to corroborate three calls to Merrill's cell number that morning

Notable Exchanges (2)

Carl Douglas•Marcia Clark•Lance A. Ito

Clark repeatedly objected to the content of Simpson's phone calls as hearsay. Douglas attempted to admit them as 'subsequent conduct only, not for the truth,' but Ito sustained most objections, limiting how much of the actual conversation could come in.

strategic

Carl Douglas•Jim Merrill

Douglas walked Merrill through the timeline of three calls in nine minutes, then had him double-check the phone records, which corrected the initial estimate of 20 minutes down to nine — a more dramatic fact for the defense.

revealing

Witness Demeanor

(The witness complies.) — Merrill checks his phone records to correct his own timing estimate

Objections

5 objections (4 sustained, 1 overruled)

Proceeding 6846 • 190 utterances • Defense witness

Criminal Trial

Department 103