All right. Thank you, ladies and gentlemen. Please be seated. All right. The record should reflect we've been rejoined by all of our jury members. And the People may call their next witness.

Thank you very much, your Honor. Let me thank the Court and the ladies and gentlemen of the jury for allowing us to go through the noon hour. People call Miss Lu Ellen Robertson.

All right. Miss Robertson, come forward, please.

Lu Ellen Robertson, called as a witness by the People, was sworn and testified as follows:

Please raise your right hand and face the clerk.

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?

Yes, I do.

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

Lu Ellen Robertson.

And would you spell that for us, please.

L-u capital e-l-l-e-n, last name r-o-b-e-r-t-s-o-n.

All right. Thank you, ma'am. Miss Clark.

Thank you, your Honor.

DIRECT EXAMINATION BY Ms. CLARK

Miss Robertson, would you please tell us what you do for a living?

I am one of the custodian of records for air touch cellular.

And what is air touch cellular?

We are a provider of cellular services.

And when you say "Cellular services," is that a phone company of some kind?

Yes. Mobile phone cellular service.

Does that company service telephones that are completely portable only or does it also service telephones that are affixed in a car?

Three different types of phones; portable, completely portable, transportable and also installed in the car.

What do you mean by "Transportable"?

It can be either plugged into the car or you can take it with you, hang it over your shoulder.

And you service all three kinds?

Yes.

Is there any way that you can tell by looking at someone's bill, phone bill whether the phone is portable completely, that is, you just take it anywhere and use it, or transportable, that means plugged into a car or taken out of the car or affixed in a car?

On the phone bill, no.

Is there some other record you have that does indicate that?

The manufacturer can usually tell.

But your company can't tell that?

No.

Can you tell us, sir--ma'am, what are your duties?

Mainly, my main duties are to respond to court orders and search warrants, subpoenas, any kind of request for customer information.

Now, are you--do you have some expertise in the interpretation of the phone records that your company generates?

Yes. I am familiar with the billing that our company generates.

And the records that are generated, that is internally in your company as well as the bills that go out to customers, are those records that are maintained and kept in the normal course of business?

Yes.

And are they filled out in the normal course of business at or near the time of the call being made?

Yes.

We have a chart. That's all right. People's next in order, your Honor, People's 404 would that be?

403.

403.

403? Thank you.

All right. This is a chart?

I'm sorry, your Honor. It is a chart entitled "Defendant's cell phone calls for the night of June the 12th, 1994," and it bears an enlargement of one page of the phone bill for the Defendant.

If I may, your Honor, I'm going to ask to put it, locate it centrally so the jurors can see it.

Yes.

Mr. Escobar is assisting me.

Noted. Thank you.

Have you been able to see this, Miss Robertson?

Yes.

Now, the board that is now in front of the jury, does it--what does it depict?

Well, I personally can't see it right now.

Want to step down and look?

I have a copy of what you've got there.

Okay. Why don't you take the copy you have and step down and look at the chart and tell us if the chart shows an accurate and true copy of the record that your company generates.

(The witness complies.) Yes.

Go ahead. You can have a seat now.

Miss Clark.

Thank you, your Honor.

Now, Miss Robertson, let me ask you a couple of preliminary questions. First of all, what is the record marked on this chart, 403?

This is a copy of the 12th page for the billing date June 15th, 1994 for mobile phone number (310) 613-3232.

And to whom is that number registered?

Our records indicate that the account was assigned to O.J. Simpson.

And with respect to the date of June the 12th--well, let me ask you more generally. On your phone bills, including the one now marked as People's 403, is there certain information generated concerning the nature of each call made?

Each call is registered on the billing statement with the date of the call, the time, the location to which the call was made or what type of call it was, the number that was dialed, any features involved with that call such as call forwarding, the duration of the call, what we charge and some summary information also.

All right. I'm going to go through the bill that's now in front of the jury and I'm going to ask you with respect to certain entries for this phone bill for the Defendant what each of the entries means. I'm going to take as my first example, there's a phone call on June the 12th at--and that seems--it's under the date?

Yes.

Now, do these bills register every phone call made from the cellular phone?

Some calls never make it to the bill.

For the purpose of privacy of some of the numbers, we're going to make sure that all of these numbers have been changed. I believe they have.

All right. Proceed. Miss Clark.

Thank you, your Honor.

All right. So is--every call is not registered on the bill?

Some calls are--never even make it into the cellular system because of one reason or another, and so they never get processed and end up on the billing statement.

How does that happen?

What we call call blocking. Maybe there's too many calls taking place near a certain cell site and it may not make it. You get a fast busy signal.

If the cell site is busy?

Yes.

Okay. But when the actual phone--when the phone being called--let me make this clear. When the cell phone is used to place a call, the number is dialed and the phone rings. Will it then register on the bill?

Yes.

Now, with respect to June the 12th, after that, there is a column entitled "Time." Does that reflect the time at which the call was made?

Yes.

Is that accurate?

To the best of our knowledge, it's accurate.

And how is that time registered? Is there a computer or something to register that?

There's a timer in our switching equipment that is set, and that's the time that's recorded when the call's made.

There's a call indicated here at 2:18 P.M. and then the next column, it says, "To-from location"?

Yes.

And what does that mean?

This was a call that was placed to a number that is listed in the west Los Angeles exchange.

Does that indicate the location to which the call is made?

Yes.

And then after that, it says "Number." And what does that indicate?

Indicates the number dialed.

And at 2:18 P.M. on June the 12th, the number (310) 826-0403 was called?

That's correct.

After that, there's a column that is indicated as "Feat," f-e-a-t?

Yes.

And what is that?

It's short for "Feature."

What does that mean?

It could include a feature, maybe call forwarding or call waiting or three-way calling. Just a feature that might have been used with that call.

In the instance of the call placed to 826-0403, there is no feature listed, correct?

That's correct.

Which means what?

Person-to-person call, no call forwarding, it's an outgoing call, there were no other parties involved in this call. It was just from the cellular phone to that number.

Now, after that, there's a column that says "Minutes," and in that column, for that column, it indicates 4 minutes.

That's correct.

Now, first of all, this is the bill that is sent to the customer, correct?

That's correct.

And the area--the column that shows minutes shows 4 minutes on this bill, correct?

Correct.

Is that the actual duration of the call?

It may not be.

And why is that?

We round--air touch cellular in their billing process rounds up to the next minute. So if you had a call that lasted for say 3-1/2 minutes, we would charge for 4 minutes.

And what is the actual duration of that--well, do you maintain records that show the actual duration of the phone call?

We have other records that show the actual duration, yes.

And do you have those records with you?

Yes.

Are those records kept in the normal course of business?

We keep them as a reference. They are not billing records, but they're backup.

I understand that. But are they kept in the normal course of your business?

Yes.

And are they prepared at or near the time that the call is made?

Yes.

Under employees, under a duty to do so?

Yes.

And can you tell us what the actual duration of the call to 826-0403 was on June the 12th?

At 2:18 P.M., the call was for 3 minutes and 9 seconds.

Counsel, I believe we've already marked the phone records that belong to--marked and introduced the phone records belonging to Nicole Brown that indicate her phone number is (310) 826-0403. I'll have them pulled for counsel.

With respect to the bottom, two numbers that are highlighted on this chart, they indicate for the date of June the 12th?

Yes.

And the time 10:03 P.M., would that be an accurate time for those phone calls to have been made from this cellular phone?

Yes.

I'm going to back up for a moment and ask you to interpret a couple of other entries here. After the 2:18 phone call to 826-0403, Nicole Brown's number, we have two more phone calls made at 2:22.

That's correct.

Given the duration of the--actual duration of the phone call made to Nicole Brown at 2:18, does the time registered at 2:22 for those two incomplete calls appear to have come immediately thereafter?

Yes. Immediately thereafter.

Counsel, may it be stipulated that the phone call--the phone numbers registered under these two incomplete calls at 2:22, that is (305) 582-6952, is the phone number in Florida for Paula Barbieri, was on the date of June 12?

Was. So stipulated it was.

And may it also be stipulated, counsel, that the phone--the phone call indicated at 2:23 at west Los Angeles at (310) 470-3468 was the west Los Angeles phone number for Paula Barbieri as of June the 12th, 1993?

So stipulated, your Honor, it was.

Yes.

Thank you kindly, counsel.

Certainly.

With respect to the incompletes noted at 2:22 for the 305 number for Paula Barbieri on June the 12th, can you indicate to us what that means?

This means that at 2:22 P.M., there were two calls placed within that minute time frame to area code (305) 582-6952, which were incomplete calls, meaning that the call was never picked up at the other end. Either there was no answer or it was a busy.

Do you have--you indicate on the phone bill here for those two calls one minute each.

That's correct.

Do you have an actual duration for those calls in your records?

Yes.

Can you tell us what that--what they were?

Now, moving down to 2:23, is that an accurate time for the call on June the 12th to Paula Barbieri's west Los Angeles number?

Yes.

At 470-3468?

That's correct.

That was placed at 2:23?

Correct.

It indicates the duration of time to be 2 minutes for that call?

That's correct.

What is the actual duration for that call that you have listed in your records?

1 minute and 27 seconds.

And following that entry on June the 12th, there is an entry at 2:24. Is that an accurate time for that phone call then?

Yes.

It's indicated as incomplete for the phone number of Paula Barbieri in Florida. Again, that's because the call did not go through?

That's what it says, yes. Incomplete.

It was not picked up?

Right. Correct.

And that could be, as you've indicated, because it was busy or just not answered?

Correct.

And the duration of that call as indicated here as being 2 minutes as well.

Correct.

Can you tell us what is the actual duration of that phone call?

1 minute and 30 seconds.

And just below that at 2:24 on June the 12th, is that the accurate time for that phone call?

The call below the 2:24 call?

No. The 2:24 call, is that an accurate time for that next phone call?

Yes.

Given the actual duration of the call just before it to Paula Barbieri's west Los Angeles number, would this call have been placed immediately thereafter?

Yes.

And this call is to (305) 582-6952, Paula Barbieri's number in Florida?

Yes.

And what does that indicate with respect to whether or not the call was picked up by anyone on the other side?

It could mean anything. Whether it let it ring, he let it ring or whoever was using the phone let it ring for a minute and 27--a minute and 30 seconds.

And that--so that call at 2:24 to Paula Barbieri's number in Florida was incomplete as well?

That's correct.

And the duration was I'm sorry?

2 minutes.

On the phone bill.

Oh, the actual duration. 1 minute and 30 seconds.

Four calls in total that day, yes.

Now, right after that 2:24 entry in the afternoon of June the 12th, we have an entry here at 6:56 P.M. that says "Message mgr"?

Yes.

What's "Message mgr"?

It's a voice mail system for your cellular phone number.

And what is that?

You can leave a recording that says, "I'm away from my phone. Please leave a message. I'll call you back." So what this means is that someone attempted to call this mobile number, (310) 613-3232, and the call was forwarded to the message manager.

Okay. So that message manager there at 6:56 is and incoming call to the mobile phone?

Yes.

And that call--under feature, you have "Cf."

Right.

What does that mean?

So this--the Defendant's cell phone received a call at 6:56 P.M. which was not picked up by him. It was picked up by the message manager?

That's correct.

And you have a duration of the call, that incoming call at 6:56 P.M. as 5 minutes on the bill?

Yes.

What was the--do you have the actual duration for that?

I--I do not. That is not here on this record.

And on June 12th again at 8:55 P.M., you have message manager?

That's correct.

And again, that's an incoming call?

Yes.

And you have "CF" under the feature indicating again that the voice mail picked up that call?

Yes.

Because the cell phone was not answered?

That's correct.

All right. Now, on--after 8:55 P.M., on June the 12th at 10:03 P.M., we have a call--is that an accurate time, ma'am?

Yes.

--a call to west Los Angeles to Paula Barbieri's west Los Angeles number, indicates the duration to be 1 minute?

That's correct.

What is the actual duration of that phone call according to your records?

33 seconds.

And then there is a second call as registered here as being 10:03 P.M. as well?

That's correct.

Okay. So the second call immediately following that first call?

Yes.

This one indicates what with respect to under the title of "To and from location"?

That it was an incomplete call.

Again, for the same reasons stated before?

Yes.

And this to Paula Barbieri's Florida number at 582-6952?

Yes.

And the duration shows 1 minute on the bill. Can you tell us what the actual duration of that phone call was?

23 seconds.

Thank you. I have nothing further.