Recross-examination of James Merrill

📄 Recross-examination of James Merrill — Thursday, July 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\13\RECROSS-EXAMINATION-OF-JAMES-M.DOC

TRIAL

▲ Day 114 of 167

◀ Transition to recross Further redirect examination of James Merrill ▶

Witness: Jim Merrill
Examiner: Marcia Clark
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 46

Marcia Clark briefly recrossed Jim Merrill, the airport skycap who interacted with OJ Simpson on June 13th and received an apology call from him on June 14th. Clark focused on the strangeness of Simpson calling a stranger to apologize while his ex-wife lay murdered, and on Simpson's interest in recovering his golf clubs that same afternoon. The examination ended with a sustained objection before Clark could fully land her point about Simpson having a motive to be nice to a key witness.

# 1 MS. CLARK:

Yes, very briefly.

RECROSS-EXAMINATION BY MS. CLARK

# 2 MS. CLARK:

Sir, in that June 14th phone call in which the Defendant apologized to you--

# 3 MR. MERRILL:

Uh-huh.

# 4 MS. CLARK:

--you'd never met him before June the 13th; is that right?

# 5 MR. MERRILL:

That's correct.

# 6 MS. CLARK:

You're not buddies?

# 7 MR. MERRILL:

No.

# 8 MS. CLARK:

You didn't owe him anything?

# 9 MR. MERRILL:

No.

# 10 MS. CLARK:

He didn't owe you anything?

# 11 MR. MERRILL:

No.

# 12 MS. CLARK:

Right.

# 13 MR. MERRILL:

Apology was nice.

# 14 MS. CLARK:

It was nice, but not expected, was it?

# 15 MR. MERRILL:

No.

# 16 MS. CLARK:

You were pretty surprised by that, weren't you?

# 17 MR. MERRILL:

Yes.

# 18 MS. CLARK:

And a man whose ex-wife has just been murdered calls to apologize to you for being impatient, didn't that strike you as a little odd?

KEY QUOTE

# 19 MR. DOUGLAS:

Argumentative, your Honor.

# 20 THE COURT:

Overruled.

# 21 MR. MERRILL:

I--yes, I guess.

# 22 MS. CLARK:

And he also talked to you about picking up his golf clubs in that same conversation; is that correct?

# 23 MR. MERRILL:

I--yes, we did have the conversation. It was initiated by me however.

# 24 MS. CLARK:

And then he followed it up though, asked you a couple questions about it, didn't he?

# 25 MR. MERRILL:

I told him that I wasn't able to get the golf clubs on that flight and that they did go on the following flight, and I offered the information on the baggage claim ticket.

# 26 MS. CLARK:

Actually, didn't you actually tell him you were sorry that you couldn't get them to the airport on time, but that you had sent them?

# 27 MR. MERRILL:

Yes.

# 28 MS. CLARK:

And then he asked, no, are they being--you asked if he had gotten them, and he said no, are they being delivered; isn't that right?

# 29 MR. MERRILL:

He had asked whether they were being delivered, whether I had made arrangements for them to be delivered after they had arrived in L.A., and I told him no, I--I got them to L.A. And that was basically all I did.

# 30 MS. CLARK:

And that was on the afternoon of June the 14th?

# 31 MR. MERRILL:

On the 14th, correct.

# 32 MS. CLARK:

And do you know whether he immediately left his house to pick them up?

# 33 MR. DOUGLAS:

No foundation, speculation, your Honor.

# 34 THE COURT:

Sustained.

# 35 MS. CLARK:

All right. Now, you indicated it seemed odd that someone who didn't know you would call to apologize the following day under those trying circumstances for being impatient, correct?

# 36 MR. DOUGLAS:

Asked and answered.

# 37 THE COURT:

Sustained.

# 38 MS. CLARK:

It's foundational.

# 39 THE COURT:

But that's the third time we've heard the question.

KEY QUOTE

# 40 MS. CLARK:

As someone who saw the Defendant immediately before and immediately after the discovery of the murders, your testimony about his demeanor would be very important; wouldn't you agree?

# 41 MR. DOUGLAS:

Argumentative.

# 42 THE COURT:

Overruled.

# 43 MR. MERRILL:

Yes.

# 44 MS. CLARK:

And he would have an interest in being very nice to someone whose testimony could be so important to him?

KEY QUOTE

# 45 MR. DOUGLAS:

Argumentative.

# 46 THE COURT:

Sustained.

Temperature

tense

Key Quotes (4)

Marcia Clark

And a man whose ex-wife has just been murdered calls to apologize to you for being impatient, didn't that strike you as a little odd?

Core prosecution argument: Simpson's mundane preoccupations (golf clubs, social niceties) the day after the murders suggest consciousness inconsistent with genuine grief.

Jim Merrill

I--yes, I guess.

Reluctant but damaging concession that the call was indeed odd, coming from a defense witness.

Lance A. Ito

But that's the third time we've heard the question.

Ito directly calling out Clark for repetition, a rare public rebuke from the bench mid-examination.

Marcia Clark

And he would have an interest in being very nice to someone whose testimony could be so important to him?

Clark's attempted capstone — that Simpson's apology was strategic self-interest — sustained before the jury could absorb it.

Evidence (2)

Informal

June 14th phone call in which Simpson apologized to Merrill for being impatient

discussed

Informal

Simpson's golf clubs and baggage claim ticket — conversation about retrieval and delivery

discussed

Notable Exchanges (2)

Marcia Clark•Jim Merrill

Clark pressed Merrill on whether the apology call was surprising, extracting that yes, it was odd for a grieving man to call a stranger to apologize. Merrill added unprompted that 'the apology was nice,' softening the blow.

strategic

Marcia Clark•Carl Douglas•Lance A. Ito

Clark's final question — that Simpson had self-interested reasons to cultivate Merrill's goodwill — was sustained on argumentative grounds, ending the examination on a blocked note.

heated

Light Moments (2)

Lance A. Ito

Ito pointedly noting 'that's the third time we've heard the question' when Clark tried to re-ask about the odd apology.

Jim Merrill

Merrill volunteering 'Apology was nice' mid-questioning, slightly deflating Clark's rhythm.

Credibility Attacks (1)

⚔ OJ Simpson (not witness)

conduct impeachment by implication

Clark used Merrill's own testimony to suggest Simpson's post-murder behavior (apologizing to strangers, inquiring about golf clubs) was bizarre and/or calculated, undermining the defense narrative of a grieving, distracted man.

Objections

5 objections (3 sustained, 2 overruled)

Proceeding 6818 • 46 utterances • Defense witness

Criminal Trial

Department 103