Direct examination of Stephen Valerie (morning)

📄 Direct examination of Stephen Valerie (morning) — Thursday, July 13, 1995

Address:

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

TRIAL

▲ Day 114 of 167

◀ Next witness called Direct examination of Stephen Valerie (afternoon) ▶

Witness: Stephen Valerie
Examiner: Johnnie Cochran
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 185

Stephen Valerie, a UCLA MBA student, testified that he sat across the aisle from OJ Simpson on American Airlines flight 668 from Los Angeles to Chicago on the night of June 12, 1994. He described Simpson as jovial, well-dressed, and completely normal in appearance — and crucially observed no cuts, abrasions, blood, or Band-Aids on Simpson's hands or face during the roughly one hour he spent watching him before falling asleep.

# 1 MR. COCHRAN:

Yes, your Honor. The next witness is Mr. Steve Valerie. We are ready to proceed.

# 2 THE COURT:

All right.

# 3 (Brief pause.)

# 4 THE COURT:

All right. Mr. Valerie, would you stand at the podium there, please, and face the clerk.

Stephen Valerie, called as a witness by the Defendant, was sworn and testified as follows:

# 5 THE CLERK:

Please raise your right hand. 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.

# 6 MR. VALERIE:

I do.

# 7 THE CLERK:

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

# 8 MR. VALERIE:

Stephen Valerie, S-T-E-P-H-E-N V-A-L-E-R-I-E.

# 9 THE CLERK:

Thank you.

# 10 THE COURT:

Mr. Cochran.

# 11 MR. COCHRAN:

Thank you very kindly.

DIRECT EXAMINATION BY MR. COCHRAN

# 12 MR. COCHRAN:

Good morning, Mr. Valerie.

# 13 MR. VALERIE:

Good morning.

# 14 MR. COCHRAN:

Mr. Valerie, did you fly back into Los Angeles last night to be here to testify with us today?

# 15 MR. VALERIE:

I sure did.

# 16 MR. COCHRAN:

Mr. Valerie, I want you to look at the gentleman to my left over here, Mr. OJ Simpson. Had you ever seen him in person prior to June 12th of 1994?

# 17 MR. VALERIE:

Never.

# 18 MR. COCHRAN:

On that date, on June 12th of 1994, did you have occasion to board an American Airlines flight 668 from Los Angeles to Chicago?

# 19 MR. VALERIE:

That is correct.

# 20 MR. COCHRAN:

And before we get to that, what is your present occupation or avocation?

# 21 MR. VALERIE:

I just graduated from a MBA program at UCLA.

# 22 MR. COCHRAN:

UCLA?

# 23 MR. VALERIE:

Correct.

# 24 MR. COCHRAN:

All right. And at that time--in June of `94, were you a student at UCLA at that point?

# 25 MR. VALERIE:

Correct. Just completed my first year.

# 26 MR. COCHRAN:

Now, in that connection do you remember approximately what time it was that you boarded this particular flight, 668?

# 27 MR. VALERIE:

I boarded just right as they were closing the gate, so I would say probably at about 11:40.

# 28 MR. COCHRAN:

All right. When you boarded the flight were you seated in either coach or in first class?

# 29 MR. VALERIE:

I was upgraded to first class and sat in seat 4A.

# 30 MR. COCHRAN:

When you were upgraded you use your stickers?

# 31 MR. VALERIE:

Correct.

# 32 MR. COCHRAN:

Frequent traveler?

# 33 MR. VALERIE:

Absolutely.

# 34 MR. COCHRAN:

They take your coach ticket and you are able to buy your way into first class?

# 35 MR. VALERIE:

That's correct.

# 36 MR. COCHRAN:

All right. May I approach, your Honor, 1245?

# 37 THE COURT:

You may.

# 38 MR. COCHRAN:

I want you to take a quick look--have you ever seen this diagram before, 1245?

# 39 MR. VALERIE:

I saw it on the opening statements.

# 40 MR. COCHRAN:

Okay. And in that connection the front part of the plane up here is first class; is that correct?

# 41 MR. VALERIE:

That's correct.

# 42 MR. COCHRAN:

And there is an area here that generally puts you in row 5--I guess that is row 5. at any rate, let me--strike that, your Honor. What row did you occupy that night in first class?

# 43 MR. VALERIE:

I sat in what they number row no. 4. in fact, it was the second row on that side of the plane and the third row from Mr. Simpson's side.

# 44 MR. COCHRAN:

Let me see if I can understand this. This was a super 80 plane. In that plane there is two seats on each side of first class in one aisle?

# 45 MR. VALERIE:

Correct.

# 46 MR. COCHRAN:

All right. You can turn back.

# 47 (Witness complies.)

# 48 MR. COCHRAN:

In that connection did you sit in a window seat or in an aisle seat?

# 49 MR. VALERIE:

I sat in the window seat.

# 50 MR. COCHRAN:

So your seat number was what?

# 51 MR. VALERIE:

4A.

# 52 MR. COCHRAN:

And Mr. Simpson then would be across the aisle from you in which seat, if you recall?

# 53 MR. VALERIE:

4D.

# 54 MR. COCHRAN:

All right. Now, when you first got on the plane did you see Mr. Simpson at that time?

# 55 MR. VALERIE:

When I first got on the plane, no. I entered first.

# 56 MR. COCHRAN:

All right.

# 57 MR. VALERIE:

Was standing organizing my bags, putting them in the overhead and then saw him enter right after I did.

# 58 MR. COCHRAN:

All right. You saw Mr. Simpson enter a short time after you did?

# 59 MR. VALERIE:

Correct.

# 60 MR. COCHRAN:

All right. When you first saw him, did you recognize him?

# 61 MR. VALERIE:

Sure, immediately.

# 62 MR. COCHRAN:

All right. And after he first entered did you have occasion to observe him at that point?

# 63 MR. VALERIE:

I observed him pretty much from the moment he entered the flight.

# 64 MR. COCHRAN:

All right. Tell us what you observed about him at the time as you saw him enter the flight.

# 65 MR. VALERIE:

Umm, I noticed first off that obviously he came on board last. I had expected I would be the last on board. So he came on and I looked back and he--I think others in the first class and also in the cabin class noticed him, so everyone was--had his eyes gazed upon Mr. Simpson. And I proceeded to take my seat and he put his--one of his bags in the overhead compartment and shook--then the gentleman sitting behind me in seat 5B that would be acknowledged--said hello to him and they knew each other, it seemed like, from their conversation. It was a brief conversation. They shook hands, and the flight attendant, you know, motioned that it was time to sit down, time to get ready for take off, and so I also believe right before take off Mr. Simpson asked for a glass of water and that was brought out to him before take off.

# 66 MR. COCHRAN:

All right. Now, you made all these observations from your location there at 4A primarily, right?

# 67 MR. VALERIE:

That's correct.

# 68 MR. COCHRAN:

And when Mr. Simpson first entered, can you describe--and as he was interacting with the other passengers--can you describe for the jury his mood, how he appeared to you?

# 69 MR. DARDEN:

Objection, your Honor, no foundation.

# 70 MR. COCHRAN:

How he appeared?

# 71 THE COURT:

Overruled.

# 72 MR. VALERIE:

He was very pleasant, smiling. I noticed his clothing was very well-pressed. Looked very sharp. In fact, I was looking--particularly just because of his celebrity from his Hertz commercials and the fact that he was so late on board, I was looking to see if he was sweating and he looked absolutely normal. His flight--his clothing was very well pressed and he sat down, and umm, looked over actually a couple times at the beginning and then later on in the flight and smiled and seemed very approachable.

KEY QUOTE

# 73 MR. COCHRAN:

All right. You mentioned his clothes were neatly pressed. Do you have a recollection--can you--the best you can now, describe for this jury how he was dressed in your best recollection.

# 74 MR. VALERIE:

Sure. He was wearing, to my recollection, a button-down shirt with long sleeves with a T-shirt underneath. He had some kind of cotton pants on. You know, either khaki or light blue or something. He was wearing leather loafers with leather mesh on the front portion of the shoe. He wasn't wearing any socks that evening. And hair was trim. I mean, he--

# 75 MR. COCHRAN:

That is what you recall about him; is that correct?

# 76 MR. VALERIE:

Correct.

# 77 MR. COCHRAN:

Do you know--strike that. Now, you made these observations again from--from your seat in 4A; is that correct?

# 78 MR. VALERIE:

That's correct.

# 79 MR. COCHRAN:

And at some point the stewardess told you to or the first--strike that. The flight attendant is probably a more appropriate statement, your Honor. The flight attendant suggested that everybody should get in their seats because the flight would be taking off; is that correct?

# 80 MR. VALERIE:

That's correct. Mr. Simpson was the only one really standing at that point. And so it was--it was just a quick getting ready for take off so everyone take their seats.

# 81 MR. COCHRAN:

All right. So after a period of time the flight did in fact take off; is that correct?

# 82 MR. VALERIE:

That's correct.

# 83 MR. COCHRAN:

Did you, for a period of time after you were airborne, have occasion to observe Mr. Simpson additionally?

# 84 MR. VALERIE:

Yes. I--after take-off I was awake for probably about I would estimate a little over an hour of the flight, of the three and a half our flight, I positioned myself actually facing him using the fuselage of the plane as a backrest, if you will.

# 85 MR. COCHRAN:

Let me see if I can explain that.

# 86 MR. VALERIE:

Sure.

# 87 MR. COCHRAN:

When you say using the fuselage of the plane, if you are seated--so I can use this demonstration, your Honor--if you are seated and this is the pilot up here, you would normally be sitting straightforward; is that correct?

# 88 MR. VALERIE:

That's correct.

# 89 MR. COCHRAN:

And Mr. Simpson, as I understand it, would be over to your right on the window seat; is that correct?

# 90 MR. VALERIE:

Yes.

# 91 MR. COCHRAN:

You are demonstrating for us how you moved around so you can see Mr. Simpson?

# 92 MR. VALERIE:

Rotate like this. I leaned about this angle and had my feet up, elevated the--I elevated the leg rest of the other seat, as well as mine, so I would have just a little bit more leg room so in that position had a pretty clear view of Mr. Simpson throughout the flight.

# 93 MR. COCHRAN:

So for the record, your Honor, he has indicated he turned his body I guess to the left.

# 94 MR. COCHRAN:

So his back would be against the window behind you?

# 95 MR. VALERIE:

Correct.

# 96 MR. COCHRAN:

You had a clear view toward where Mr. Simpson was seated?

# 97 THE COURT:

Actually it looks to me like you are turning to the right at a 40 to 45-degree angle facing diagonally is what it appears to me.

# 98 MR. COCHRAN:

You know what, I think you are right. Moving to the right 45 degrees. Thank you, your Honor.

# 99 MR. COCHRAN:

From that vantage point then were you able to see Mr. Simpson?

# 100 MR. VALERIE:

Yes, I was.

# 101 MR. COCHRAN:

All right.

# 102 MR. VALERIE:

And observed him--

# 103 MR. DARDEN:

Objection, nonresponsive.

# 104 THE COURT:

Sustained. Ask another question.

# 105 MR. COCHRAN:

I will ask another question.

# 106 MR. COCHRAN:

Now, from that vantage point what did you observe, if anything, about Mr. Simpson? Tell us what you saw in your own words.

# 107 MR. VALERIE:

The first thing I noticed was before take-off he was asked to put his bag underneath his seat and he put that bag, a small black leather duffel bag, underneath the seat directly in front of him before take-off. After we took off he pulled the--that same bag out and put it on the empty passenger seat next to him and proceeded to open that bag up and pulled out a manila envelope--I'm sorry, not an envelope--a manila folder with a document inside. Why I call it a document, I was able to see that it was a double-spaced typed document on white paper, eight-and-a-half-by-11, and it looked--it was loose-leaf, so he proceeded to read that document at the point at which I was observing him.

# 108 MR. DARDEN:

I'm going to object to leading.

# 109 MR. COCHRAN:

Asking him what happened.

# 110 MR. DARDEN:

No foundation.

# 111 THE COURT:

Overruled. Ask him what happened next.

# 112 MR. COCHRAN:

All right. Okay, your Honor, I will do that.

# 113 MR. COCHRAN:

What happened next?

# 114 MR. VALERIE:

He proceeded to read that, sipped on his water, and it was pretty uneventful really. I mean, we were just flying on a redeye flight. He again, because of my position--

# 115 MR. DARDEN:

Object as nonresponsive, your Honor.

# 116 THE COURT:

All right. Next question.

# 117 MR. COCHRAN:

All right, certainly. Mr. Valerie, as you watched Mr. Simpson from this vantage point, did you have occasion to look at his face?

# 118 MR. VALERIE:

I sure did.

# 119 MR. COCHRAN:

Did you see any bruises or cuts or abrasions on his face at that point?

# 120 MR. VALERIE:

None whatsoever.

# 121 MR. COCHRAN:

Did you have occasion from this vantage point you have described for us to look at Mr. Simpson's hands?

# 122 MR. VALERIE:

I did.

# 123 MR. COCHRAN:

And what, if anything, did you see with regard to his hands?

# 124 MR. VALERIE:

Umm, I viewed Mr. Simpson's hands at that time looking for championship ring. Given he is a famous professional player, that was the motivation for my looking at his hands. I didn't see anything unusual, no Band-Aids, no large abrasions or anything to that effect.

KEY QUOTE

# 125 MR. COCHRAN:

Did you see any cuts at all?

# 126 MR. VALERIE:

I didn't see any.

# 127 MR. COCHRAN:

Did you see any blood on his hands?

# 128 MR. VALERIE:

No blood.

# 129 MR. COCHRAN:

By the way, you said you were looking for a championship ring. Is that like a Superbowl ring?

# 130 MR. VALERIE:

Yes.

# 131 MR. COCHRAN:

Something of that nature? Did you see one at that time?

# 132 MR. VALERIE:

No, I did not.

# 133 MR. COCHRAN:

All right. And so you had a pretty clear unobstructed view of Mr. Simpson as you were looking and making these observations; is that correct?

# 134 MR. VALERIE:

That's correct. His left hand would have been the hand I saw closest and best view of.

KEY QUOTE

# 135 MR. COCHRAN:

All right. And I don't recall whether or not--did he ever take a book out of his bag that you were describing?

# 136 MR. VALERIE:

I saw the book out. I didn't actually see him take that out. I saw it out on the seat.

# 137 MR. COCHRAN:

All right. And with regard to these papers that you say, the double-spaced papers that he was reading, could you tell what that was?

# 138 MR. DARDEN:

Objection, calls for speculation.

# 139 MR. COCHRAN:

I'm asking if he could tell.

# 140 THE COURT:

Overruled.

# 141 MR. COCHRAN:

Could you tell what that was? You can answer that.

# 142 MR. VALERIE:

Yes. I could not tell what it was, no.

# 143 MR. COCHRAN:

All right. But it was something he was apparently reading; is that correct?

# 144 MR. VALERIE:

Correct.

# 145 MR. COCHRAN:

What you have told us about now, did this take place during the first hour or so of the flight that you have described for us?

# 146 MR. VALERIE:

That's correct.

# 147 MR. COCHRAN:

All right. At some point, Mr. Valerie, did you go to sleep that night?

# 148 MR. VALERIE:

Yes.

# 149 MR. COCHRAN:

All right. And at that time was there anything else that you observed about Mr. Simpson that you haven't told us about during this hour period of time regarding how he appeared to you and his mood?

# 150 MR. VALERIE:

No. He--like I said, he glanced over occasionally and smiled in a friendly manner on a couple of occasions.

# 151 MR. COCHRAN:

All right. When he first got on the plane and you said he was interacting with other passengers, how would you describe him at that point when he first got on the plane?

# 152 MR. VALERIE:

Jovial. He came on, met--like I said, shook hands with the gentleman behind me and then another gentleman came up from the cabin class and greeted him and had a short word with him as well. Again seemed to know--they seemed to know each other.

# 153 MR. COCHRAN:

The gentleman who came up from the cabin class, did you see him just go out of this courtroom a short time before you came in?

# 154 MR. VALERIE:

That's correct.

# 155 MR. COCHRAN:

All right. So at some point he went to sleep; is that correct?

# 156 (No audible response.)

# 157 MR. COCHRAN:

Strike that. At some point you went to sleep?

# 158 MR. VALERIE:

Yes, I did.

# 159 MR. COCHRAN:

All right. And did you awaken prior to arriving in Chicago?

# 160 MR. VALERIE:

Yes.

# 161 MR. COCHRAN:

And when you woke up, were you still able to see Mr. Simpson?

# 162 MR. VALERIE:

Correct.

# 163 MR. COCHRAN:

Do you know--did you ever at any point see the pilot, the captain of that plane, Wayne Stanfield, come out and interact with Mr. OJ Simpson?

# 164 MR. VALERIE:

I did not witness that, no.

# 165 MR. COCHRAN:

All right. And when you awakened did you see Mr. Simpson?

# 166 MR. VALERIE:

Yes.

# 167 MR. COCHRAN:

All right. Where was he at that time?

# 168 MR. VALERIE:

Seated in the same seat, 4D.

# 169 MR. COCHRAN:

Okay. Did you--what was he doing at the time you awakened?

# 170 MR. VALERIE:

Umm, just preparing for landing. You know, buckling seatbelts and putting the seat forward and the like.

# 171 MR. COCHRAN:

You were getting close to landing at that point?

# 172 MR. VALERIE:

That's correct.

# 173 MR. COCHRAN:

All right. So then thereafter the plane of course landed safely?

# 174 MR. VALERIE:

That's correct.

# 175 MR. COCHRAN:

You were at O'Hare airport, right?

# 176 (No audible response.)

# 177 MR. COCHRAN:

Yes?

# 178 MR. VALERIE:

Yes.

# 179 MR. COCHRAN:

All right. And then after you landed, can you describe for the jury who got up first to proceed out the door of that plane and describe that for us.

# 180 MR. VALERIE:

We landed, taxied to the gate and the first person to the front of the aisleway was Mr. Simpson and I followed him directly afterwards. We were asked to wait just behind the door that they were going to open, obviously for safety reasons, and so Mr. Simpson stood in front of me waiting to deplane.

# 181 MR. COCHRAN:

All right. Now, as Mr. Simpson stood in front of you, did he have--if you recall, was he carrying any bag at this point?

# 182 MR. VALERIE:

Yeah. He had his--his garment bag over his right shoulder, which is the side I really couldn't see well. His left shoulder was to me as we were going to deplane on the left side of the plane.

# 183 MR. COCHRAN:

Was there a strap on that garment bag, if you recall?

# 184 MR. VALERIE:

Yes. It was over his shoulder.

# 185 MR. COCHRAN:

Okay. What color was that bag?

Temperature

procedural

Key Quotes (4)

Stephen Valerie

He was very pleasant, smiling. I noticed his clothing was very well-pressed. Looked very sharp. In fact, I was looking--particularly just because of his celebrity from his Hertz commercials and the fact that he was so late on board, I was looking to see if he was sweating and he looked absolutely normal.

Directly counters prosecution's theory that Simpson was agitated, injured, or visibly stressed shortly after committing double murder.

Stephen Valerie

I viewed Mr. Simpson's hands at that time looking for championship ring. Given he is a famous professional player, that was the motivation for my looking at his hands. I didn't see anything unusual, no Band-Aids, no large abrasions or anything to that effect.

The innocent reason for scrutinizing Simpson's hands — looking for a Superbowl ring — gives the observation credibility and directly contradicts evidence of a cut on Simpson's left hand.

Stephen Valerie

His left hand would have been the hand I saw closest and best view of.

The prosecution's case involved a cut on Simpson's left hand. Valerie specifically had the best view of the left hand and saw nothing.

Stephen Valerie

None whatsoever.

His answer when asked if he saw any bruises, cuts, or abrasions on Simpson's face — unequivocal denial.

Evidence (3)

Defense 1245

Diagram of the American Airlines Super 80 plane seating layout, showing first class configuration

Used to establish seating positions — Valerie in 4A, Simpson in 4D across the aisle

Informal

Small black leather duffel bag carried by Simpson, stored under the seat before takeoff

Discussed to establish Simpson's behavior and access to his belongings during flight

Informal

Manila folder containing a double-spaced typed document on 8.5x11 paper that Simpson read during the flight

Described as part of Valerie's account of Simpson's calm, normal behavior

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran attempted to describe Valerie's physical demonstration of how he turned to watch Simpson; Ito corrected him, clarifying it was a right-turn at 40-45 degrees rather than a left turn. Cochran accepted the correction graciously.

collegial, mildly comic

Christopher Darden•Lance A. Ito

Darden objected repeatedly to Valerie volunteering observations beyond the scope of questions and to lack of foundation for appearance testimony. Most objections were overruled, limiting Darden's ability to interrupt the damaging narrative.

strategic, frustrated

Light Moments (2)

Johnnie Cochran

Cochran asked Valerie if he used upgrade stickers to get into first class, then called him a 'frequent traveler' — brief friendly exchange establishing Valerie as a credible, relatable witness.

Stephen Valerie

Valerie explained he was scrutinizing Simpson's hands specifically to look for a championship ring — a disarmingly mundane celebrity-adjacent motivation that made his negative findings more credible.

Witness Demeanor

(Witness complies.) — when asked to turn back after looking at the seating diagram

(No audible response.) — twice, when asked yes/no questions, suggesting brief pauses or nods

Objections

6 objections (2 sustained, 4 overruled)

Proceeding 6812 • 185 utterances • Defense witness

Criminal Trial

Department 103