Redirect examination of Richard Walsh

📄 Redirect examination of Richard Walsh — Wednesday, July 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\19\REDIRECT-EXAMINATION-OF-RICHAR.DOC

TRIAL

▲ Day 118 of 167

◀ Cross-examination of Richard Walsh (part 3) Recross-examination of Richard Walsh ▶

Witness: Richard Walsh
Examiner: Johnnie Cochran
Called by: Defense • Date: Wednesday, July 19, 1995 • Utterances: 73

Cochran uses redirect to reinforce Richard Walsh's testimony about OJ Simpson's severe physical limitations during the Playboy fitness video shoot. Walsh confirms Simpson nearly fell over when lightly bumped, required ice packs during breaks, and couldn't complete basic exercises — and that Walsh himself was shocked Playboy had chosen such a physically diminished man for a fitness video. Cochran also rehabilitates Walsh's TV appearances as standard product promotion rather than paid advocacy.

# 1 THE COURT:

Mr. Cochran.

# 2 MR. COCHRAN:

Yes, your Honor. Just a few questions.

REDIRECT EXAMINATION BY MR. COCHRAN

# 3 MR. COCHRAN:

Mr. Walsh, with regard to the day that you spent with Mr. Simpson, the limitations that you had found before the video started, did you find those same limitations at the end of the day?

# 4 MR. WALSH:

Yes.

# 5 MR. COCHRAN:

In fact, the problems you described for this jury with his knees, his ankle, his shoulder, some of those problems at the end; is that correct?

# 6 MR. WALSH:

Correct.

# 7 MR. COCHRAN:

And the fact that Mr. Darden asked some questions about him being a gamer or whatever of that fact is, you are aware of the fact that Mr. Simpson had not played a pro football game for more than 15 years prior to May 25th, 1994; isn't that correct?

# 8 MR. WALSH:

Correct.

# 9 MR. COCHRAN:

In fact, you were very surprised at his lack of mobility when you bumped into him and he almost fell over; isn't that right?

# 10 MR. DARDEN:

Objection. This is all leading.

# 11 THE COURT:

It is.

# 12 MR. COCHRAN:

Let me phrase it another way, please, your Honor. Thank you.

# 13 MR. COCHRAN:

You were very surprised at how Mr. Simpson reacted to when you bumped into him; isn't that--

# 14 MR. DARDEN:

Your Honor, same objection.

# 15 THE COURT:

Sustained.

# 16 MR. COCHRAN:

Well, let me rephrase it again.

# 17 MR. COCHRAN:

Were you surprised when Mr. Simpson almost fell over when you bumped into him when he was acting like he was holding a ball?

# 18 MR. WALSH:

Yes, I was.

# 19 MR. COCHRAN:

And why were you surprised with that?

# 20 MR. WALSH:

I just didn't think it was--that I touched him that hard or bumped him that hard that he would react the way he did.

KEY QUOTE

# 21 MR. COCHRAN:

And the fact that he's a gamer and he was able to complete these exercises on that particular date, did you ever see him go back over those 20- or 25-pound bags? Was he ever able to do one curl with those bags?

# 22 MR. WALSH:

No.

# 23 MR. COCHRAN:

Now, with regard to the times you appeared on these various shows--and I didn't get all the names, but the shows that you did--

# 24 MR. WALSH:

Right.

# 25 MR. COCHRAN:

--why were you appearing on these shows?

# 26 MR. WALSH:

Well, it's--any time you have a book, any time you have a movie, any time you're promoting a project for sale, whether it be a video or movie, and you see all the people go out and have to promote their movie or their book or their video, that is crucial. That is the way products are sold to the public when you're trying to sell something along those lines. That is my reason for going on these shows.

# 27 MR. COCHRAN:

And when you went on these shows, did you still tell the truth as you've told this jury today about Mr. Simpson's limitations and about how this video took place? Did you tell the truth?

# 28 MR. WALSH:

Yeah. I haven't changed the story or--since June the 13th, but--I haven't said anything different since June the 13th.

KEY QUOTE

# 29 MR. COCHRAN:

Now, with regard to this video, you mentioned this video was an entry-level workout; is that correct?

# 30 MR. WALSH:

That's correct.

# 31 MR. COCHRAN:

So basically all of us in this room should be able to do this, the members of the jury, and if we wanted to borrow your video on a Saturday and do this, we could basically get out and try to do that; is that right?

# 32 MR. WALSH:

I would think so, yes.

# 33 MR. COCHRAN:

And that's entry level, right?

# 34 MR. WALSH:

Yes.

# 35 MR. COCHRAN:

All right. If we're in some kind of reasonable shape, we could try to do it and do it, right?

# 36 MR. WALSH:

Yes.

# 37 MR. COCHRAN:

And I know with your help, we could do it even better, right?

# 38 MR. WALSH:

Much better.

# 39 MR. COCHRAN:

All right. Now, were you surprised at OJ's physical limitations when you first encountered him in this case?

# 40 MR. WALSH:

Much--very much.

# 41 MR. COCHRAN:

And why was that? Why were you so surprised?

# 42 MR. WALSH:

Well, I had never had met OJ before the time at the Playboy office. And, you know, after his football days, I really don't have any--I don't remember anything else he did. I don't remember ever seeing him. I don't ever remember meeting him, anything like this. So the first time I met him, there's this man who used to run down the field is now all beat up. It was just a--I was a little surprised this was Playboy's choice for a fitness video.

# 43 MR. COCHRAN:

You thought they made a mistake; isn't that right?

KEY QUOTE

# 44 MR. WALSH:

I definitely did.

# 45 MR. COCHRAN:

Now, with regard to the times, as you described for this jury that at times after this two-hour break that you described, you described for the jury that Mr. Simpson would be seated in a chair with ice packs on his body. Do you recall that?

# 46 MR. WALSH:

Correct.

# 47 MR. COCHRAN:

And so that we're clear, that was after the two-hour hiatus that was taken?

# 48 MR. WALSH:

This was after the two-hour hiatus.

# 49 MR. COCHRAN:

And did you see him in that chair on more than one occasion during breaks or during times you were setting up again?

# 50 MR. WALSH:

I recall seeing him two times. When there was a break, I would be going about a million things going on, but I recall passing by twice.

# 51 MR. COCHRAN:

And when you would see him on these two occasions, did he have the ice bags on some portion of his body?

# 52 MR. WALSH:

Yes.

# 53 MR. COCHRAN:

And at times that Mr. Simpson wasn't able to function well during that video, would it be correct that the cameras would focus on other members of the audience, the people in the back, and that sort of thing?

# 54 MR. WALSH:

Right. What you--

# 55 MR. DARDEN:

Objection. This is leading, your Honor.

# 56 THE COURT:

Sustained. Rephrase the question.

# 57 MR. COCHRAN:

Okay. Certainly, your Honor.

# 58 MR. COCHRAN:

Were there times when other members of the entourage, if I can use that word, were focused on by the camera?

# 59 MR. WALSH:

Right. We used a three-camera shoot. That's why you see the three blocks. And I know there's, for the most part, one on me the entire time, many cases, one on OJ and I or just OJ and then maybe one master shot or picking out someone from the back.

# 60 MR. COCHRAN:

All right. And times when he couldn't do exercises, would anything happen with regards to this particular camera shot?

# 61 MR. DARDEN:

Objection. Assumes facts not in evidence.

# 62 THE COURT:

Overruled.

# 63 MR. WALSH:

I really don't know if the camera operator would switch elsewhere, if he would just stay on him. Because we had three cameras and we know in editing, we could go somewhere else, if he'd just stay on him until he regrouped and got back in the flow of it.

# 64 MR. COCHRAN:

And were there times when he needed to regroup, Mr. Simpson?

# 65 MR. WALSH:

Yeah. I remember times seeing him where he--part of it had to do with he didn't know the routine, that we would be going right and he would start going left, and--but you just keep going. You don't cut because I know that the camera in editing will fix it.

# 66 MR. COCHRAN:

Now, Mr. Darden asked you some questions about lateral movement. And seeing Mr. Simpson's lateral movement, you saw he had a great problem moving from side to side; isn't that correct?

# 67 MR. DARDEN:

Objection.

# 68 THE COURT:

Overruled.

# 69 MR. COCHRAN:

You can answer that.

# 70 MR. WALSH:

It was a difficult movement for him to maneuver, right.

# 71 MR. COCHRAN:

And that's the lateral movement, the one from side to side?

# 72 MR. WALSH:

Correct.

# 73 MR. COCHRAN:

All right. I was--not very gracefully, but I was demonstrating. That was for the record. I was demonstrating that for the court reporter, that lateral movement. Thank you. I have nothing further. Thank you.

RECROSS-EXAMINATION BY MR. DARDEN

Temperature

procedural

Key Quotes (5)

Richard Walsh

there's this man who used to run down the field is now all beat up. It was just a--I was a little surprised this was Playboy's choice for a fitness video.

Walsh's candid, unprompted characterization of Simpson as physically broken — coming from the defense's own witness — powerfully supports the defense's physical limitations argument.

Johnnie Cochran

You thought they made a mistake; isn't that right?

Cochran converts Walsh's surprise into a declarative soundbite for the jury.

Richard Walsh

I definitely did.

A flat, unqualified confirmation that Simpson was not fit enough to be in a fitness video — undermining prosecution's 'gamer' framing.

Richard Walsh

I just didn't think it was--that I touched him that hard or bumped him that hard that he would react the way he did.

Direct testimony that Simpson's instability was genuine and surprising, not performance — key to the defense's physical incapacity argument.

Richard Walsh

I haven't changed the story or--since June the 13th, but--I haven't said anything different since June the 13th.

Walsh volunteers a consistency defense against the prosecution's implied impeachment via TV appearances.

Evidence (1)

Informal

Playboy fitness video featuring OJ Simpson

discussed — shooting conditions, camera setup, editing process, and Simpson's performance during filming

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden

Cochran attempts multiple times to elicit that Simpson nearly fell from a light bump; Darden sustains two leading objections in a row, forcing Cochran to rephrase before finally getting the answer in.

strategic

Johnnie Cochran•Richard Walsh

Cochran invites the jury to imagine borrowing the 'entry-level' video on a Saturday, then pivots to Walsh saying he was shocked a man this limited was chosen for it — a contrast built for jury impact.

strategic

Light Moments (2)

Johnnie Cochran / Richard Walsh

Cochran says the jury could borrow Walsh's video on a Saturday and do the workout, then adds 'And I know with your help, we could do it even better, right?' Walsh: 'Much better.'

Johnnie Cochran

Cochran closes by noting he demonstrated lateral movement 'not very gracefully' — 'That was for the record. I was demonstrating that for the court reporter.'

Credibility Attacks (1)

⚔ Richard Walsh

rehabilitation of prior TV appearances

Cochran preemptively defuses Darden's cross implication that Walsh's media appearances were self-interested; Walsh explains standard product promotion practice and affirms his story never changed.

Objections

5 objections (3 sustained, 2 overruled)

Proceeding 6918 • 73 utterances • Defense witness

Criminal Trial

Department 103