Direct examination of Mark Partridge (part 1)

📄 Direct examination of Mark Partridge (part 1) — Thursday, July 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\13\DIRECT-EXAMINATION-OF-MARK-PAR.DOC

TRIAL

▲ Day 114 of 167

◀ Witness transition Sidebar: hearsay objection ▶

Witness: Mark Partridge
Examiner: Johnnie Cochran
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 163

Mark Partridge, a Harvard-trained trademark attorney from Chicago, testified as a defense witness about sitting next to OJ Simpson on American Airlines flight 1691 from Chicago to Los Angeles on the morning of June 13, 1994 — the day after the murders. He described Simpson as visibly upset and agitated upon boarding, observed him sighing heavily and making numerous phone calls during the flight, and noted a cut on the knuckle of Simpson's left ring finger wrapped only in a paper towel. The examination was cut short at a sidebar after two hearsay objections from Clark blocked testimony about what was said between Partridge and Simpson during the flight.

# 1 THE COURT:

Mr. Partridge, come forward, please.

Mark Partridge, called as a witness by the Defendant, was sworn and testified as follows:

# 2 THE COURT:

Please face the clerk.

# 3 THE CLERK:

Raise your right hand, please. You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 4 MR. PARTRIDGE:

I do.

# 5 THE CLERK:

Please have a seat in the witness stand and state and spell your first and last names for the record.

# 6 MR. PARTRIDGE:

Mark Partridge, P-A-R-T-R-I-D-G-E.

# 7 THE COURT:

Mr. Partridge, would you sit back in the chair and pull the microphone close to you, please. Mr. Cochran.

# 8 MR. COCHRAN:

Thank you very kindly, your Honor.

DIRECT EXAMINATION BY MR. COCHRAN

# 9 MR. COCHRAN:

Good afternoon, Mr. Partridge.

# 10 MR. PARTRIDGE:

Hello.

# 11 MR. COCHRAN:

And can you speak right into that microphone for us?

# 12 MR. PARTRIDGE:

Yes.

# 13 MR. COCHRAN:

Mr. Partridge, what is your occupation?

# 14 MR. PARTRIDGE:

I'm a lawyer.

# 15 MR. COCHRAN:

And how are you trained? What law school did you attend?

# 16 MR. PARTRIDGE:

I went to Harvard law school.

# 17 MR. COCHRAN:

And when did you graduate from Harvard law school?

# 18 MR. PARTRIDGE:

1981.

# 19 MR. COCHRAN:

And what kind of law do you practice?

# 20 MR. PARTRIDGE:

I do trademark and copyright law.

# 21 MR. COCHRAN:

Where is your office?

# 22 MR. PARTRIDGE:

I'm in Chicago with the firm of Patterson, McCauliff.

# 23 MR. COCHRAN:

And do you practice trademark law with that firm in Chicago?

# 24 MR. PARTRIDGE:

Yes, I do.

# 25 MR. COCHRAN:

Now, you have come to California to testify in this matter from Chicago; is that right?

# 26 MR. PARTRIDGE:

Yes.

# 27 MR. COCHRAN:

And you're testifying pursuant to subpoena, aren't you?

# 28 MR. PARTRIDGE:

I understand there's a subpoena. I have agreed to testify.

# 29 MR. COCHRAN:

You agreed to come forward, and you're here today according to that; is that correct?

# 30 MR. PARTRIDGE:

Yes.

# 31 MR. COCHRAN:

How long have you been in California?

# 32 MR. PARTRIDGE:

I came on Tuesday.

# 33 MR. COCHRAN:

Would you like to go home soon?

# 34 MR. PARTRIDGE:

I would very much.

# 35 MR. COCHRAN:

All right. We'll see what we can do about that. Now, I would like to direct your attention to the date of Monday, June 13th of 1994. Remember that particular date?

# 36 MR. PARTRIDGE:

Yes.

# 37 MR. COCHRAN:

Did you have occasion to be on a flight from Chicago to Los Angeles, American Airlines flight 1691?

# 38 MR. PARTRIDGE:

Yes, I did.

# 39 MR. COCHRAN:

And why were you on that particular flight?

# 40 MR. PARTRIDGE:

I was coming to Chicago for depositions in one of my cases.

# 41 MR. COCHRAN:

Coming to Chicago or--

# 42 MR. PARTRIDGE:

I'm sorry. Coming to Los Angeles.

# 43 MR. COCHRAN:

You're not usually a witness, are you?

# 44 MR. PARTRIDGE:

No, I'm not.

# 45 MR. COCHRAN:

You're usually on the other end, right?

# 46 MR. PARTRIDGE:

Yes.

# 47 MR. COCHRAN:

Not as much fun, is it?

# 48 MR. PARTRIDGE:

No.

# 49 MR. COCHRAN:

May I approach, your Honor?

# 50 THE COURT:

You may.

# 51 MR. COCHRAN:

Now, I want to, your Honor, approach the American Airlines simulated super 80 jet airliner and ask to mark this as Defendant's next in order.

# 52 THE COURT:

1247. This is the chart regarding American Airlines flight 1691.

# 53 MR. COCHRAN:

Thank you very kindly, your Honor.

# 54 (Deft's 1247 for id = chart)

# 55 MR. COCHRAN:

I want to just ask you, have you ever seen this before?

# 56 MR. PARTRIDGE:

No, I have not.

# 57 MR. COCHRAN:

Can you just step down for just a second, see if you can familiarize yourself with this?

# 58 MR. COCHRAN:

This purports to be--if I might indicate, your Honor, purports to be a super 80 jet. This part here is first class in the front of the plane. Your Honor, this is right behind first class, what was called the bulkhead.

# 59 MR. COCHRAN:

I want to direct your attention to this diagram once you see it and ask you whether or not you can point out generally where your seats were or seat was on that plane, Chicago to Los Angeles.

# 60 MR. PARTRIDGE:

I was in this seat (Indicating). I guess that's 9E.

# 61 MR. COCHRAN:

And 9E is a window seat; is that correct?

# 62 MR. PARTRIDGE:

It was next to an emergency exit door.

# 63 MR. COCHRAN:

All right. Do you see what purports to be an emergency exit door on this Defendant's 1247?

# 64 MR. PARTRIDGE:

Uh-huh.

# 65 MR. COCHRAN:

And you recall that; is that correct?

# 66 MR. PARTRIDGE:

Yes.

# 67 MR. COCHRAN:

And on that flight, what was the--do you know the name of the passenger who was in 9D?

# 68 MR. PARTRIDGE:

Yes. That was Mr. Simpson.

# 69 MR. COCHRAN:

That was the gentleman in this case over there, Mr. Orenthal James Simpson?

# 70 MR. PARTRIDGE:

Yes.

# 71 MR. COCHRAN:

And he sat next to you, did he?

# 72 MR. PARTRIDGE:

Yes.

# 73 MR. COCHRAN:

All right. You can resume your seat, sir.

# 74 (The witness complies.)

# 75 MR. COCHRAN:

Now--

# 76 MR. PARTRIDGE:

Excuse me.

# 77 MR. COCHRAN:

What time approximately did this plane leave Chicago to come to Los Angeles?

# 78 MR. PARTRIDGE:

Approximately 9:00 in the morning.

# 79 MR. COCHRAN:

And did you get on the plane first or did Mr. Simpson get on the plane?

# 80 MR. PARTRIDGE:

I was on the plane first.

# 81 MR. COCHRAN:

Then he came in and sat next to you?

# 82 MR. PARTRIDGE:

He came in after I had been seated awhile, yes.

# 83 MR. COCHRAN:

Okay. And you've already described for us you were in the right side bulkhead seat; is that right?

# 84 MR. PARTRIDGE:

Yes.

# 85 MR. COCHRAN:

Now, when Mr. Simpson came on the plane, did you recognize who he was?

# 86 MR. PARTRIDGE:

Yes.

# 87 MR. COCHRAN:

Had you ever met him before that time?

# 88 MR. PARTRIDGE:

No. Never.

# 89 MR. COCHRAN:

Can you describe for this jury how Mr. Simpson appeared to you when you first saw him come in the plane and have a seat next to you?

# 90 MR. PARTRIDGE:

When I first saw him, he was dressed in a blue jean outfit.

# 91 MR. COCHRAN:

All right.

# 92 MR. PARTRIDGE:

Stone-washed blue jean shirt and stone-washed blue jean pants. And he came back to the seat next to mine. He was there. Also, there was another woman who had the same seat assignment. So the two of them stood together for some time before he took the seat and before it was sorted out who would have which seat.

# 93 MR. COCHRAN:

So as I understand it, there was some confusion as to who had that seat, 9D?

# 94 MR. PARTRIDGE:

Both--

# 95 MR. COCHRAN:

Mr. Simpson or the other lady?

# 96 MR. PARTRIDGE:

Yes. Both of them apparently had the same seat assignment, and the stewardess sorted that out after a few minutes.

# 97 MR. COCHRAN:

So it was worked out after a while and then Mr. Simpson sat there; is that correct?

# 98 MR. PARTRIDGE:

Yes.

# 99 MR. COCHRAN:

And what did you notice about him? How did he appear to you to be at that point?

# 100 MR. PARTRIDGE:

Well, at first, he seemed to be upset.

# 101 MR. COCHRAN:

All right. And how did you--what about him made you believe that he was upset at that point?

# 102 MR. PARTRIDGE:

At that point, he seemed rushed and a bit agitated.

# 103 MR. COCHRAN:

All right. At some point, did he take his seat?

# 104 MR. PARTRIDGE:

He did, yes.

# 105 MR. COCHRAN:

And as he sat down next to you, describe for the jury how he appeared to you to be from your visual observations at that point.

# 106 MR. PARTRIDGE:

Well, he sat next to me, he had--he sighed heavily and looked up, closed his eyes.

KEY QUOTE

# 107 MR. COCHRAN:

All right. And to you, it appeared as he was upset at that point?

# 108 MR. PARTRIDGE:

That was my reaction, that he was upset about something.

# 109 MR. COCHRAN:

All right. Now, did the stewardess--you know when you take off on these planes, sometimes the stewardess sits in these seats and sits backwards?

# 110 MR. PARTRIDGE:

Yes. There was a jump seat just in front of where Mr. Simpson was sitting.

# 111 MR. COCHRAN:

And was there a stewardess in that seat just prior to the takeoff?

# 112 MR. PARTRIDGE:

Yes, there was.

# 113 MR. COCHRAN:

And did she say something to Mr. Simpson?

# 114 MR. PARTRIDGE:

Yes. She said something to the effect of, "Bad way to start the week."

# 115 MR. COCHRAN:

And did he respond?

# 116 MR. PARTRIDGE:

Yes, he did.

# 117 MS. CLARK:

Objection. Hearsay.

# 118 THE COURT:

The fact that he responded will stand. Next question.

# 119 MR. COCHRAN:

He did respond to that statement; is that correct?

# 120 MR. PARTRIDGE:

Yes, he did.

# 121 MR. COCHRAN:

All right. Did you see him at some point make a request for some water?

# 122 MR. PARTRIDGE:

Yes. He asked for water.

# 123 MR. COCHRAN:

Did the stewardess accommodate?

# 124 MR. PARTRIDGE:

Yes. She was in the jump seat. She undid her seatbelt and harness and got up and got him a glass of water.

# 125 MR. COCHRAN:

And then what happened after that?

# 126 MR. PARTRIDGE:

She got--also got him a bottle of water, and he drank the water. She sat back down, and then the flight was in the process of taking off.

# 127 MR. COCHRAN:

All right. Now, you were sitting right next to him and you had an opportunity to observe him during this time frame; is that correct?

# 128 MR. PARTRIDGE:

Yes, I did.

# 129 MR. COCHRAN:

Now, at some point, the plane took off and you're now in the air heading from Chicago to Los Angeles. Did you continue to have occasion to observe Mr. Orenthal James Simpson?

# 130 MR. PARTRIDGE:

Yes.

# 131 MR. COCHRAN:

Can you tell us what you observed as you occupied seat 9E and he was in 9D?

# 132 MR. PARTRIDGE:

Well, the next thing that happened after the takeoff was that he asked for the telephone. And the stewardess helped him get the telephone that was--I believe it was in the seat behind--that I was sitting in because we were in the bulkhead. There was not a telephone there. So she helped him get the telephone from the seat back, and he made a telephone call.

# 133 MR. COCHRAN:

All right. Now--and you were sitting real close, and did you hear at least his part of the telephone conversation?

# 134 MR. PARTRIDGE:

I could hear some of the telephone call.

# 135 MR. COCHRAN:

Okay. Now, did he make more than one phone call during the course of--

# 136 MR. PARTRIDGE:

During the course of the flight, he made quite a few phone calls.

# 137 MR. COCHRAN:

Did you have occasion to look at Mr. Simpson's hands as you sat there next to him on this flight?

# 138 MR. PARTRIDGE:

Did I see his hands? Yes.

# 139 MR. COCHRAN:

And describe for the ladies and gentlemen of the jury what you observed if anything regarding his hands. See any Band-Aids at any point?

# 140 MR. PARTRIDGE:

Well, initially, I saw that there was a cut on his--the knuckle of his left hand (Indicating).

KEY QUOTE

# 141 MR. COCHRAN:

Is that the--you're pointing to the knuckle of the left hand. This middle finger that I'm holding up here?

# 142 MR. PARTRIDGE:

Yes. It was the knuckle of his ring finger.

# 143 MR. COCHRAN:

And you could observe that?

# 144 MR. PARTRIDGE:

I could see that, yes.

# 145 MR. COCHRAN:

All right. And did you see anything else with regard to that at that point?

# 146 MR. PARTRIDGE:

Well, at that point, no. Later I saw that it was wrapped in what appeared to me to be a paper towel from the rest room.

# 147 MR. COCHRAN:

The time you saw him, did you ever see a Band-Aid or gauze or anything around there?

# 148 MR. PARTRIDGE:

No. Only the paper towel.

KEY QUOTE

# 149 MR. COCHRAN:

All right. Now, did you at some point say something to Mr. Simpson?

# 150 MR. PARTRIDGE:

After he made the first phone call and continued to sigh, I said something to him again like--

# 151 MS. CLARK:

Objection. Hearsay.

# 152 THE COURT:

Sustained.

# 153 MR. COCHRAN:

I would like to make an offer of proof regarding this aspect of it. Let me--let me ask another question foundationally.

# 154 MR. COCHRAN:

Did you make a statement to him with regard to what was happening in his life, what was happening to him at that point?

# 155 MR. PARTRIDGE:

I did make a statement to him, yes.

# 156 MR. COCHRAN:

And in that statement, did you inquire about--

# 157 MS. CLARK:

Objection. Hearsay.

# 158 MR. COCHRAN:

Let me finish the question.

# 159 MR. COCHRAN:

--inquire about what was happening with him? You can't tell us the statement quite yet.

# 160 MR. PARTRIDGE:

Yes.

# 161 MR. COCHRAN:

Your Honor, may I ask one further--

# 162 THE COURT:

Let me see you at sidebar with the court reporter.

# 163 MR. COCHRAN:

Thank you.

Temperature

tense

Key Quotes (5)

Mark Partridge

At first, he seemed to be upset... he seemed rushed and a bit agitated.

Defense establishing Simpson's emotional state as grief/distress rather than guilt — he had just learned of Nicole's death.

Mark Partridge

He sat next to me, he had--he sighed heavily and looked up, closed his eyes.

Vivid physical description of Simpson's demeanor, supporting a narrative of someone in shock or grief.

Mark Partridge

I saw that there was a cut on his--the knuckle of his left hand... it was the knuckle of his ring finger.

Critical evidence: the location of the wound. Defense is establishing exactly where and how it appeared to a neutral third-party observer.

Mark Partridge

No. Only the paper towel.

No Band-Aid or medical gauze — the wound was informally dressed, relevant to when and how it was treated relative to the crime scene blood evidence.

Flight Attendant (via Partridge)

Bad way to start the week.

The stewardess's comment to Simpson — blocked from further development by hearsay ruling — was clearly setup for testimony about Simpson's response, which the defense wanted to elicit.

Evidence (1)

Defendant's 1247

Seating chart diagram of an American Airlines Super 80 jet for flight 1691 Chicago to Los Angeles

introduced and used to identify seat positions 9D (Simpson) and 9E (Partridge) relative to the bulkhead and emergency exit

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark•Lance A. Ito

Clark repeatedly objected on hearsay grounds to block testimony about what Simpson said during the flight. The first objection was partially overruled (the fact of a response allowed, not the content); the second was sustained; the third triggered a sidebar, effectively halting the most substantive portion of the examination.

strategic

Johnnie Cochran•Mark Partridge

Cochran used the airplane seating chart to walk Partridge step-by-step through the layout, establishing the physical proximity between the two men to authenticate Partridge's ability to observe Simpson closely.

methodical

Light Moments (2)

Johnnie Cochran

Cochran asked the clearly reluctant witness 'Would you like to go home soon?' after Partridge confirmed he'd traveled from Chicago under subpoena. Partridge answered 'I would very much.' Cochran replied 'We'll see what we can do about that.'

Johnnie Cochran

After Partridge mistakenly said 'I was coming to Chicago for depositions' when he meant Los Angeles, Cochran quipped 'You're not usually a witness, are you?' — 'No.' — 'You're usually on the other end, right?' — 'Yes.' — 'Not as much fun, is it?'

Witness Demeanor

(The witness complies.) — Partridge returns to the witness stand after examining the seating chart

Witness corrected himself mid-answer when he said 'coming to Chicago' instead of 'coming to Los Angeles'

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 6837 • 163 utterances • Defense witness

Criminal Trial

Department 103