Redirect examination of James Merrill

📄 Redirect examination of James Merrill — Thursday, July 13, 1995

Address:

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

TRIAL

▲ Day 114 of 167

◀ Transition to redirect Transition to recross ▶

Witness: Jim Merrill
Examiner: Carl Douglas
Called by: Defense • Date: Thursday, July 13, 1995 • Utterances: 105

Carl Douglas redirected Jim Merrill, a Hertz executive who accompanied OJ Simpson to a golf tournament the day before the murders. Douglas used the redirect to sharpen two contrasts: Simpson was calm and pleasant before being dropped at the hotel, then suddenly short and demanding in phone calls afterward — behavior Simpson apologized for the next day. Douglas also established through Hertz tournament practices that others would have handled Simpson's golf bags, and closed by eliciting Merrill's testimony that he saw no cuts on Simpson's hands.

# 1 MR. DOUGLAS:

Yes, your Honor, thank you.

REDIRECT EXAMINATION BY MR. DOUGLAS

# 2 MR. DOUGLAS:

Mr. Merrill, you--would you have described your interaction with Mr. Simpson before dropping him off at the hotel as pleasant?

# 3 MR. MERRILL:

Yes.

# 4 MS. CLARK:

Objection. Leading.

# 5 THE COURT:

Sustained.

# 6 MR. DOUGLAS:

How would you describe your interaction with Mr. Simpson prior to your dropping him off at the hotel?

# 7 MR. MERRILL:

It was pleasant, relaxed.

KEY QUOTE

# 8 MR. DOUGLAS:

Had he been short with you?

# 9 MR. MERRILL:

No.

# 10 MR. DOUGLAS:

Had he been rude to you?

# 11 MR. MERRILL:

Not at all, no.

# 12 MR. DOUGLAS:

Had he showed any anger towards you?

# 13 MR. MERRILL:

No.

# 14 MR. DOUGLAS:

Had he rushed you?

# 15 MR. MERRILL:

No.

# 16 MR. DOUGLAS:

Had he shown any impatience towards you at all?

# 17 MR. MERRILL:

No.

# 18 MR. DOUGLAS:

When Mr. Simpson called you after you dropped him off at the hotel, was he short?

# 19 MR. MERRILL:

Very.

# 20 MR. DOUGLAS:

Was he impatient?

# 21 MR. MERRILL:

Yes.

# 22 MR. DOUGLAS:

Was he insistent of you?

# 23 MR. MERRILL:

Yes.

# 24 MR. DOUGLAS:

Was he rushing you?

# 25 MR. MERRILL:

Very, yes.

# 26 MR. DOUGLAS:

Was he calling you repeatedly?

# 27 MR. MERRILL:

Yes.

# 28 MR. DOUGLAS:

When Mr. Simpson called you the next day, he apologized for his brusqueness, didn't he?

# 29 MR. MERRILL:

Yes, he did.

# 30 MR. DOUGLAS:

He apologized for having rushing you, didn't he?

# 31 MR. MERRILL:

Yes, he did.

# 32 MR. DOUGLAS:

When he spoke with you on the 13th, did he tell you why he was so short?

# 33 MR. MERRILL:

He--I had asked the question--

# 34 MS. CLARK:

Objection. Hearsay.

# 35 THE COURT:

Sustained.

# 36 MR. DOUGLAS:

When Mr. Simpson called and apologized on the next day, did he offer an explanation as to his unusual conduct the prior day?

# 37 MR. MERRILL:

He basically--

# 38 MS. CLARK:

Objection. Hearsay.

# 39 THE COURT:

Yes. Sustained.

# 40 MR. DOUGLAS:

He wasn't as short with you on the 14th as he had been when he spoke to you on the phone the 13th?

# 41 MS. CLARK:

Objection. Leading.

# 42 THE COURT:

Sustained. I think we got the point that he called to apologize.

# 43 MR. DOUGLAS:

Thank you, your Honor.

# 44 MR. DOUGLAS:

Now, golf tournaments that Hertz gives frequently have executives attend?

# 45 MR. MERRILL:

Yes.

# 46 MR. DOUGLAS:

There are celebrities that also come?

# 47 MR. MERRILL:

Yes.

# 48 MR. DOUGLAS:

And it is expected that the participants will then play a round of golf?

# 49 MR. MERRILL:

That's correct.

# 50 MR. DOUGLAS:

Hertz solicits the assistance of others to help the celebrities and the other attendees?

# 51 MR. MERRILL:

Yes.

# 52 MR. DOUGLAS:

They have caddies to help on the golf course?

# 53 MR. MERRILL:

That's correct.

# 54 MR. DOUGLAS:

They have assistants to pick up--

# 55 MS. CLARK:

Objection. Leading.

# 56 THE COURT:

Sustained.

# 57 MR. DOUGLAS:

Do they have assistants to pick up the luggage from the cars?

# 58 MR. MERRILL:

Yes. When we--when we arrive at the outings, there's always people there to remove the bags and set them up on the cart so you just basically go in and have fun.

# 59 MR. DOUGLAS:

So when Mr. Simpson placed the golf clubs into your car at the airport--

# 60 MR. MERRILL:

Uh-huh.

# 61 MR. DOUGLAS:

--that probably would have been the last time that he touched those bags himself?

# 62 MS. CLARK:

Objection. Speculation.

# 63 THE COURT:

Sustained.

# 64 MR. DOUGLAS:

What's the practice of Hertz? The practice of Hertz have their corporate spokesperson reach into the trunk to pull out his own golf bag?

# 65 MS. CLARK:

Objection. Irrelevant, calls for speculation.

# 66 THE COURT:

Overruled.

# 67 MR. DOUGLAS:

You may answer.

# 68 MR. MERRILL:

No.

# 69 MR. DOUGLAS:

What is the practice of Hertz?

# 70 MR. MERRILL:

Well, it depends on the golf course. But we want our people to show up and not have to do any work, to have some fun. We have people that will meet them curbside to pull the golf clubs out of the bag if need be and set them up on the cart.

# 71 MR. DOUGLAS:

And that is true of participants in the tournament?

# 72 MR. MERRILL:

Correct.

# 73 MR. DOUGLAS:

And that's certainly true of the primary spokesperson who is attending?

# 74 MR. MERRILL:

Absolutely.

# 75 MR. DOUGLAS:

Now, there were several occasions when you were with Mr. Simpson as he was interacting with others?

# 76 MR. MERRILL:

Yes.

# 77 MR. DOUGLAS:

He would sign autographs?

# 78 MR. MERRILL:

Yes.

# 79 MR. DOUGLAS:

He would sign auto--would he sign autographs by holding something in his hand?

# 80 MR. MERRILL:

Well, he would have to hold a piece of paper in his hand obviously to write it.

# 81 MR. DOUGLAS:

So there would be the opportunity for you to watch the act of him signing the autographs?

# 82 MR. MERRILL:

Yes.

# 83 MR. DOUGLAS:

Was there ever an occasion when you consciously averted your eyes from watching his hands as he was signing autographs?

# 84 MR. MERRILL:

I was watching a lot of things.

# 85 MR. DOUGLAS:

You didn't ignore his hands, did you?

# 86 MR. MERRILL:

No, I did not.

# 87 MR. DOUGLAS:

But there was nothing about his hands that drew any attention to you?

# 88 MS. CLARK:

Well, objection. That's leading.

# 89 THE COURT:

Rephrase the question.

# 90 MR. DOUGLAS:

Sure.

# 91 MR. DOUGLAS:

Was there anything about his hands that drew your attention?

# 92 MR. MERRILL:

Just the fact that they're big.

KEY QUOTE

# 93 MR. DOUGLAS:

You did notice that he has pretty large hands?

# 94 MR. MERRILL:

Yes.

# 95 MR. DOUGLAS:

You watched him shaking hands?

# 96 MR. MERRILL:

Yes.

# 97 MR. DOUGLAS:

You watched him signing?

# 98 MR. MERRILL:

Yes.

# 99 MR. DOUGLAS:

You saw no cuts?

# 100 MR. MERRILL:

I saw no cuts.

# 101 MS. CLARK:

Objection. Leading.

# 102 THE COURT:

All right. The answer will stand because it's testimony we've previously heard. Hint.

KEY QUOTE

# 103 MR. DOUGLAS:

One moment, your Honor.

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

# 105 MR. DOUGLAS:

Nothing further. Thank you, Mr. Merrill.

Temperature

procedural

Key Quotes (5)

Jim Merrill

It was pleasant, relaxed.

Establishes OJ's baseline demeanor on June 12 before the murders — the defense's contrast point for the sudden behavioral shift.

Jim Merrill

Very, yes.

Merrill confirms OJ was rushing him insistently in phone calls after the hotel drop-off — the defense uses this urgency to imply something had already happened.

Jim Merrill

Just the fact that they're big.

Asked whether anything about OJ's hands drew his attention, Merrill's only observation was their size — directly supporting the no-cuts defense narrative.

Jim Merrill

I saw no cuts.

Clean, direct denial of visible injury to OJ's hands during the Hertz event — counters prosecution's timeline of a bloody crime requiring hand wounds.

Lance A. Ito

All right. The answer will stand because it's testimony we've previously heard. Hint.

Judge allows the leading answer to stand while signaling to Douglas to stop gilding the lily — the word 'Hint' is an unusually candid judicial nudge.

Evidence (1)

Informal

OJ Simpson's golf bags loaded into Merrill's car at the airport

discussed — defense establishing chain of custody argument that others handled bags at tournament, not OJ

Notable Exchanges (3)

Carl Douglas•Jim Merrill•Marcia Clark

Douglas twice attempted to elicit OJ's explanation for his brusqueness via Merrill; Clark blocked both attempts as hearsay. Ito then shut down a third attempt with 'I think we got the point that he called to apologize.'

strategic

Carl Douglas•Jim Merrill

Douglas walked through Hertz tournament logistics to establish that attendants, not Simpson, would have handled his golf clubs — laying groundwork that OJ had no need to touch the bags after loading them at the airport.

methodical

Carl Douglas•Jim Merrill

Closing sequence on OJ's hands — Douglas established Merrill watched OJ sign autographs and shake hands without averting his eyes, then asked if he saw any cuts. Merrill: 'I saw no cuts.'

strategic

Light Moments (2)

Jim Merrill

Asked whether anything about OJ's hands drew his attention, Merrill replied simply 'Just the fact that they're big' — a deadpan observation in the middle of an otherwise serious line of questioning.

Lance A. Ito

After sustaining Clark's objection to a leading question about OJ's demeanor on June 14, Ito editorialized: 'I think we got the point that he called to apologize. Hint.' — an unusually dry judicial aside.

Witness Demeanor

(Discussion held off the record between Defense counsel.)

Objections

9 objections (6 sustained, 1 overruled)

Proceeding 6816 • 105 utterances • Defense witness

Criminal Trial

Department 103