Direct examination of Allan Park (part 1)

📄 Direct examination of Allan Park (part 1) — Tuesday, March 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\28\DIRECT-EXAMINATION-OF-ALLAN-PA.DOC

TRIAL

▲ Day 46 of 167

Witness: Allan Park
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, March 28, 1995 • Utterances: 494

Limousine driver Allan Park testified about his pickup assignment for OJ Simpson on the night of June 12, 1994, methodically establishing that he arrived at Rockingham around 10:22 PM, parked on Ashford at 10:25, and received no answer at the intercom when he buzzed the Ashford gate at 10:40. Critically, Park stated he did not see the white Bronco parked near the Rockingham gate on either of his two passes — at 10:22 and again at approximately 10:39 — placing the Bronco's absence during the window the prosecution argues Simpson was away from home. Phone records corroborated his timeline, showing a call to his boss's pager at 10:43 PM.

# 1 THE COURT:

THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. THE PEOPLE MAY CALL THEIR NEXT WITNESS.

# 2 MS. CLARK:

THANK YOU, YOUR HONOR. THE PEOPLE CALL MR. ALLAN PARK.

# 3 THE COURT:

ALL RIGHT. MR. PARK, WOULD YOU STEP FORWARD, PLEASE. STEP OVER HERE NEXT TO THE COURT REPORTER, PLEASE. FACE THE CLERK.

ALLAN PARK, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 4 THE CLERK:

RAISE YOUR RIGHT HAND, PLEASE. 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?

# 5 ALLAN PARK:

I DO.

# 6 THE CLERK:

PLEASE HAVE A SEAT IN THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD, PLEASE.

# 7 THE COURT:

ALL RIGHT. WHY DON'T YOU LEAN BACK, MR. PARK, AND JUST PULL THE MICROPHONE CLOSE TO YOU. ALL RIGHT.

# 8 ALLAN PARK:

A-L-L-A-N P-A-R-K.

# 9 THE COURT:

MISS CLARK.

# 10 MS. CLARK:

THANK YOU, YOUR HONOR.

# 11

DIRECT EXAMINATION

# 12

BY MS. CLARK:

# 13 Q:

GOOD MORNING, MR. PARK.

# 14 A:

GOOD MORNING.

# 15 Q:

SIR, AS OF JUNE THE 12TH, CAN YOU TELL US WHERE YOU ARE EMPLOYED?

# 16 A:

UH, I WAS EMPLOYED FOR TOWN AND COUNTRY LIMOUSINE.

# 17 Q:

LET ME PUSH THAT MICROPHONE A LITTLE CLOSER. TRY AND TALK INTO IT LIKE A TELEPHONE. AS OF JUNE THE 12TH, 1994, YOU WERE EMPLOYED WHERE?

# 18 A:

FOR TOWN AND COUNTRY LIMOUSINE.

# 19 Q:

AS WHAT, SIR?

# 20 A:

AS A LIMOUSINE DRIVER.

# 21 Q:

AND HOW LONG AS OF JUNE THE 12TH HAD YOU BEEN WORKING THERE?

# 22 A:

UH, IT WAS ABOUT TWO AND A HALF, THREE MONTHS.

# 23 Q:

WHO WAS THE OWNER OF THAT LIMOUSINE COMPANY, SIR?

# 24 A:

UH, DALE ST. JOHN.

# 25 Q:

WAS HE ALSO A NEIGHBOR OF YOURS?

# 26 A:

UH, YES, HE WAS.

# 27 Q:

HOW CLOSE DID HE LIVE TO YOU?

# 28 A:

JUST ACROSS THE STREET.

# 29 Q:

ON THE DATE OF JUNE THE 12TH, 1994, DID YOU HAVE AN ORDER FOR A PICK UP ON THAT DATE FOR THE EVENING TO GO TO THE AIRPORT?

# 30 A:

UH, YES, I DID.

# 31 Q:

WHAT WAS YOUR ORDER?

# 32 A:

UH, MY ORDER WAS TO PICK UP MR. SIMPSON AT 360 ROCKINGHAM.

# 33 Q:

AT WHAT TIME?

# 34 A:

UH, 10:45.

# 35 Q:

10:45?

# 36 A:

YES.

# 37 Q:

AND DID YOU -- WERE YOU MADE AWARE OF WHAT FLIGHT YOU HAD TO GET HIM TO?

# 38 A:

UH, NOT A FLIGHT NUMBER, BUT JUST TO GET HIM TO LAX, UH, FOR AN 11:45 FLIGHT OUT FROM AMERICAN AIRLINES.

# 39 Q:

AND WERE YOU AWARE OF WHERE THAT FLIGHT WAS GOING TO?

# 40 A:

UH, I BELIEVE CHICAGO.

# 41 Q:

HAD YOU EVER DRIVEN MR. SIMPSON TO THE AIRPORT BEFORE?

# 42 A:

NO, I HAVEN'T.

# 43 Q:

OR HAVE YOU EVER DRIVEN -- HAD YOU EVER DRIVEN MR. SIMPSON ANYWHERE BEFORE?

# 44 A:

NO.

# 45 Q:

NOW, AS OF JUNE THE 12TH, 1994, HAD YOU EVER BEEN TO THE BRENTWOOD AREA?

# 46 A:

UH, NO.

# 47 Q:

CAN YOU TELL US, SIR, AT WHAT TIME YOU LEFT TO PICK UP MR. SIMPSON TO TAKE HIM TO THE AIRPORT ON JUNE THE 12TH?

# 48 A:

WHAT TIME I LEFT MY PLACE?

# 49 Q:

YES.

# 50 A:

UH, IT WAS ABOUT 9:45.

# 51 Q:

AND THE AREA WAS -- NOT YOUR ADDRESS AT THAT TIME, BUT THE GENERAL AREA YOU WERE LEAVING FROM?

# 52 A:

UH, TORRANCE.

# 53 Q:

OKAY. SO YOU LEFT AT 9:45?

# 54 A:

YES.

# 55 Q:

WERE YOU ANTICIPATING IT WOULD TAKE YOU AN HOUR TO GET TO BRENTWOOD FROM THERE?

# 56 A:

UH, I HAD NO IDEA HOW LONG IT WOULD TAKE. I KNEW IT WOULD BE SOMEWHERE AROUND THERE.

# 57 Q:

OKAY. NOW, WERE YOU SCHEDULING YOURSELF TO ARRIVE EXACTLY AT 10:45?

# 58 A:

NO, I WASN'T.

# 59 Q:

WHAT TIME WERE YOU SCHEDULED TO ACTUALLY ARRIVE THERE?

# 60 A:

WELL, THEY LIKE US TO BE THERE 10 MINUTES EARLY.

# 61 Q:

SO WHAT TIME WERE YOU TRYING TO ARRIVE AT THE DEFENDANT'S HOUSE IN BRENTWOOD?

# 62 A:

10:35.

# 63 Q:

NOW, WHEN YOU WERE -- WHEN YOU WERE DRIVING TO THE DEFENDANT'S HOUSE, WHAT KIND OF CAR -- WHAT KIND OF LIMOUSINE WERE YOU DRIVING?

# 64 A:

UH, IT WAS A STRETCH.

# 65 Q:

A STRETCH LIMOUSINE?

# 66 A:

YES.

# 67 Q:

AND WHAT DOES THAT MEAN?

# 68 A:

IT MEANS IT'S LONG.

# 69 Q:

LONGER THAN WHAT?

# 70 A:

LONGER THAN A NORMAL SEDAN. IT'S -- I DON'T KNOW THE EXACT LENGTH OF IT. IT'S -- I THINK IT'S ONLY FIT FOR FOUR TO SIX PASSENGERS. SO IT'S NOT ACTUALLY, YOU KNOW, SUPER LONG, BUT IT'S LONGER THAN A NORMAL SEDAN.

# 71 Q:

HAD YOU EVER DRIVEN A STRETCH LIMOUSINE BEFORE?

# 72 A:

YES, I HAVE.

# 73 Q:

DID -- DO YOU -- WHEN YOU -- THE FIRST TIME YOU EVER DROVE IT, DID YOU HAVE TO HAVE ANY PRACTICE OR ANY INSTRUCTION IN HOW TO MANEUVER IT?

# 74 A:

UH, I NEVER HAD ANY INSTRUCTIONS, NO.

# 75 Q:

DID YOU PRACTICE ANY WITH IT?

# 76 A:

WELL, BEFORE I WORKED FOR HIM, I -- I DROVE FOR ANOTHER PERSON FOR A FEW MONTHS. SO I HAD PRACTICE.

# 77 Q:

OKAY. WHEN YOU SAID "HIM," YOU MEAN DALE ST. JOHN?

# 78 A:

YES.

# 79 Q:

BEFORE YOU WORKED FOR ST. JOHN AT TOWN AND COUNTRY LIMOUSINE, YOU WORKED FOR ANOTHER LIMOUSINE SERVICE?

# 80 A:

YES.

# 81 Q:

AND AT THAT PRIOR LIMOUSINE SERVICE, HOW LONG HAD YOU WORKED THERE?

# 82 A:

IT WAS ABOUT THE SAME, TWO AND A HALF, THREE MONTHS.

# 83 Q:

DID YOU DRIVE STRETCH LIMOUSINES AT THAT EARLIER EMPLOYMENT?

# 84 A:

IT WAS JUST ONE. IT WAS ONE PRIVATE OWNER. I JUST DROVE HIM AROUND AND NOBODY ELSE.

# 85 Q:

NOW, IS IT A LITTLE BIT -- IS THERE ANY DIFFERENCE IN DRIVING A STRETCH LIMOUSINE THAN IT IS DRIVING A REGULAR SAY CAR THE SIZE OF A LINCOLN CONTINENTAL?

# 86 A:

YES.

# 87 Q:

AND HOW IS IT DIFFERENT?

# 88 A:

JUST, YOU NEED TO MAKE YOUR TURNS A LOT WIDER AND DRIVE A LITTLE BIT SLOWER WHEN THERE'S PEOPLE IN THE BACK.

# 89 Q:

WHY DO YOU DRIVE A LITTLE SLOWER WHEN THERE'S PEOPLE IN BACK?

# 90 A:

WELL, I DON'T WANT THEM FLYING FROM SIDE TO SIDE.

# 91 Q:

ALL RIGHT. YOU -- SO WHILE YOU WERE DRIVING, WHAT ROUTE DID YOU TAKE TO MR. SIMPSON'S HOUSE?

# 92 A:

I TOOK THE 405 FREEWAY NORTH TO SUNSET, MADE A LEFT OFF OF SUNSET GOING WEST TO ROCKINGHAM, I MADE A RIGHT AND HEADED UP ROCKINGHAM TO THE RESIDENCE.

# 93 Q:

DURING YOUR DRIVE TO THE RESIDENCE, SIR -- IS THAT CAR, THAT LIMO THAT YOU WERE DRIVING THAT NIGHT, THAT STRETCH LIMO, IS IT EQUIPPED WITH A CELL PHONE?

# 94 A:

YES, IT IS.

# 95 Q:

AND IS IT THE KIND OF PHONE THAT IS FIXED IN THE CAR OR CAN YOU REMOVE IT AND TAKE IT AROUND WITH YOU?

# 96 A:

IT'S FIXED IN THE CAR.

# 97 Q:

DID YOU RECEIVE ANY PHONE CALLS DURING YOUR TRIP TO ROCKINGHAM?

# 98 A:

UH, FROM WHAT I REMEMBER, I RECEIVED ONE FROM DALE, JUST --

# 99 Q:

I'M SORRY. DALE ST. JOHN?

# 100 A:

YES.

# 101 Q:

THAT WAS YOUR BOSS?

# 102 A:

YES.

# 103 Q:

HE CALLED YOU IN THE CAR WHILE YOU WERE EN ROUTE TO ROCKINGHAM?

# 104 A:

YES.

# 105 Q:

ALL RIGHT. DO YOU RECALL WHAT TIME IT WAS WHEN YOU DROVE -- WHEN YOU INDICATED TO US JUST NOW, YOU TURNED RIGHT UP ONTO ROCKINGHAM AND DROVE UP ROCKINGHAM, DO YOU RECALL WHAT TIME IT WAS WHEN YOU GOT TO THE LOCATION ON ROCKINGHAM WHERE THE DEFENDANT'S HOUSE WAS?

# 106 A:

UH, IT HAD TO HAVE BEEN AROUND 9:22, 9:23.

KEY QUOTE

# 107 Q:

9:22?

# 108 A:

NO. EXCUSE ME. 10:22, 10:23. I'M SORRY.

# 109 Q:

NOW, HOW WAS IT THAT YOU -- YOU KNEW WHAT THE ADDRESS WAS; IS THAT CORRECT?

# 110 A:

YES.

# 111 Q:

360 NORTH ROCKINGHAM?

# 112 A:

YES.

# 113 Q:

HOW WERE YOU ABLE TO LOCATE WHICH HOUSE ON ROCKINGHAM WAS THE DEFENDANT'S AS YOU DROVE UP ROCKINGHAM?

# 114 A:

THERE WAS ADDRESSES ON -- PAINTED ON THE CURB.

# 115 MR. FAIRTLOUGH:

62-A.

# 116 Q:

BY MS. CLARK: ALL RIGHT. DO YOU SEE THE PHOTOGRAPH THAT'S BEING SHOWN TO YOU AS PEOPLE'S 62-A, SIR?

# 117 A:

YES, I DO.

# 118 Q:

CAN YOU INDICATE TO US -- WELL, STRIKE THAT. DID YOU LOCATE THE ADDRESS ON THE CURB THAT BELONGED TO THE DEFENDANT, 360, AS YOU DROVE UP ROCKINGHAM IN THAT STRETCH LIMO?

# 119 A:

YES.

# 120 Q:

AND DO YOU SEE THE LOCATION THAT YOU NOTICED THE ADDRESS IN PAINTED ON THE CURB IN THIS PHOTOGRAPH?

# 121 A:

YES, I DO.

# 122 Q:

I'M GOING TO ASK YOU TO DIRECT THE ARROW TO THE ADDRESS YOU SAW ON THE CURB ON JUNE THE 12TH. HOW ABOUT A DIFFERENT COLOR? RED? TELL US -- TELL THE ARROW WHERE TO GO, MR. PARK.

# 123 A:

UH, GO DOWN BEHIND THE BRONCO, BACK UP A LITTLE BIT, UH, UP, THERE YOU GO, RIGHT THERE (INDICATING).

# 124 Q:

ALL RIGHT. COULD YOU PUT A CIRCLE AROUND THAT, JOHN? ALL RIGHT. SO YOU WERE ABLE TO SEE THE ADDRESS ON THE CURB THERE?

# 125 A:

YES.

# 126 Q:

SO AT THE TIME THAT YOU WERE LOOKING AT THAT LOCATION, THE ADDRESS ON THE CURB, DID YOU SEE A CAR PARKED IN THAT LOCATION?

# 127 A:

NO, I DIDN'T.

# 128 Q:

YOU SEE THAT WHITE BRONCO IN THIS PHOTOGRAPH, SIR?

# 129 A:

YES.

# 130 Q:

WAS THAT WHITE BRONCO THERE AT THE TIME YOU DROVE BY AT ABOUT 10:22?

# 131 A:

I DIDN'T SEE IT.

# 132 Q:

AND YOU WERE LOOKING AT THAT CURB; WERE YOU NOT?

# 133 A:

YES.

# 134 Q:

WHEN YOU SAW THE ADDRESS ON THE CURB, WHAT HAPPENED NEXT? WHAT DID YOU DO?

# 135 A:

UH, I WAS DRIVING A LITTLE BIT QUICK. SO BY THE TIME I SAW IT, UH, I NOTICED THAT WAS THE HOUSE AND I SHOULD TURN AROUND. AS I GOT A LITTLE BIT FARTHER, UH, I NOTICED ANOTHER SIDE STREET, ASHFORD.

# 136 Q:

AND HOW FAR WAS THAT SIDE STREET PAST THE LOCATION OF THE CURB WHERE YOU SAW THE ADDRESS?

# 137 A:

IT'S ABOUT ANOTHER 40, 50 YARDS.

# 138 MR. FAIRTLOUGH:

PEOPLE'S EXHIBIT NO. 63.

# 139 Q:

BY MS. CLARK: DO YOU RECOGNIZE THE LOCATION THAT YOU SEE IN THIS PHOTOGRAPH, SIR?

# 140 A:

YES, I DO.

# 141 Q:

ALL RIGHT. CAN YOU TELL US, FIRST OF ALL, WHICH STREET IT IS THAT COMES ACTUALLY DOWN TO THE LEFT-HAND CORNER OF THE SCREEN AS YOU FACE IT?

# 142 A:

THAT'S ASHFORD.

# 143 Q:

CAN YOU POINT -- I'LL TELL YOU WHAT. POINT THE -- TELL THE ARROW. WHERE'S ASHFORD? TELL THE ARROW WHERE TO GO.

# 144 A:

GO DOWN TO THE LEFT. I'M PRETTY -- THAT'S ASHFORD THERE (INDICATING).

# 145 Q:

ALL RIGHT. OKAY. MARK THAT?

# 146 MS. CLARK:

AND THE PREVIOUS PHOTOGRAPH, YOUR HONOR, SHOULD BE MARKED --

# 147 THE COURT:

62A-1.

# 148 MS. CLARK:

62A-1. THANK YOU.

# 149 (PEO'S 62A-1 FOR ID = PHOTOGRAPH)

# 150 Q:

BY MS. CLARK: AND IS THAT THE STREET THAT YOU INDICATED WAS THE SIDE STREET THAT YOU SAW?

# 151 A:

YES.

# 152 Q:

AND WHEN YOU GOT TO THAT SIDE STREET, WHAT DID YOU DO?

# 153 A:

I TURNED RIGHT AND DROVE DOWN THE STREET A LITTLE WAYS AND MADE A U-TURN AND CAME BACK AND PARKED ON THE OPPOSITE SIDE OF MR. SIMPSON'S HOUSE ALMOST PARALLEL TO THE GATE WITH MY FRONT WINDOW.

# 154 Q:

ALMOST PARALLEL TO THE ASHFORD GATE?

# 155 A:

ALMOST, YEAH.

# 156 Q:

OKAY. CAN YOU -- CAN YOU -- WELL, THERE HAPPENS TO BE A CAR PARKED ON THE NORTH CURB OF -- NORTH CURB OF ASHFORD IN THIS PHOTOGRAPH. DO YOU SEE IT?

# 157 A:

YES.

# 158 Q:

WHERE IN RELATION TO WHERE THAT CAR IS IN THAT PHOTOGRAPH DID YOU PARK?

# 159 A:

SAME SPOT.

# 160 Q:

OKAY. COULD WE PLEASE MARK THAT AS WELL? WHY DON'T WE CIRCLE THAT CAR. NO, NO, NO. NO, NO, NO. NOT THERE. DIRECT THE ARROW, MR. PARK.

# 161 A:

TO THE BLACK JEEP OVER THERE IN THE CORNER LOOKS LIKE, DOWN. THERE YOU GO (INDICATING).

# 162 Q:

OKAY. CAN WE CIRCLE THAT? THERE WE GO. THANKS, JOHN.

# 163 MS. CLARK:

CAN THIS BE MARKED AS PEOPLE'S 63-E?

# 164 THE COURT:

SO MARKED.

# 165 (PEO'S 63-E FOR ID = PHOTOGRAPH)

# 166 MS. CLARK:

THANK YOU.

# 167 Q:

BY MR. CLARK: ALL RIGHT. YOU MARKED YOUR -- THAT STRETCH LIMO THERE?

# 168 A:

YES.

# 169 Q:

AND THEN WHAT DID YOU DO?

# 170 A:

UH, I GOT OUT OF THE CAR AND WALKED TOWARDS THE BACK AND HAD A CIGARETTE, AND WHEN I WAS DONE, I GOT BACK IN THE CAR AND LISTENED TO THE RADIO A LITTLE BIT.

# 171 Q:

OKAY. WHAT TIME WAS IT WHEN YOU PARKED ON ASHFORD?

# 172 A:

WHEN I PARKED ON ASHFORD?

# 173 Q:

YES.

# 174 A:

IT WAS 10:25.

# 175 Q:

ALL RIGHT. AND WHAT DIRECTION WAS THE STRETCH LIMO PARKED IN?

# 176 A:

IT WOULD HAVE BEEN FACING WEST.

# 177 Q:

WOULD IT HAVE BEEN FACING ROCKINGHAM?

# 178 A:

YES.

# 179 Q:

THE STREET ROCKINGHAM?

# 180 A:

YES.

# 181 (BRIEF PAUSE.)

# 182 Q:

BY MS. CLARK: IF YOU WOULDN'T MIND, SIR, WOULD YOU STEP DOWN, PLEASE.

# 183 THE COURT:

AND, MISS CLARK, WHICH BOARD IS THIS?

# 184 MS. CLARK:

I'M SORRY, YOUR HONOR. PEOPLE'S 66.

# 185 Q:

BY MS. CLARK: WOULD YOU MIND USING THE POINTER IF YOU WOULD? THERE'S ONE RIGHT BY YOU OVER THERE ON THE WITNESS STAND. YOU CAN USE THE BIGGER ONE IF YOU WANT. AND PLEASE SHOW US THE ROUTE THAT YOU TOOK AS YOU -- WHEN YOU FIRST ARRIVED AT THE LOCATION IN BRENTWOOD, YOU DROVE UP ROCKINGHAM. WOULD YOU PLEASE SHOW THE JURY THE DIRECTION YOU DROVE AND HOW YOU ARRIVED AT THE PARK LOCATION YOU'VE INDICATED TO US ON PEOPLE'S 63-E.

# 186 A:

OKAY. I CAME UP ROCKINGHAM, I SAW THE ADDRESS RIGHT ABOUT HERE (INDICATING), WAS GOING AROUND REALLY QUICK.

# 187 Q:

WAIT A MINUTE.

# 188 MS. CLARK:

FOR THE RECORD, THE WITNESS SAID, "SAW THE ADDRESS RIGHT ABOUT HERE," THAT WOULD BE JUST ABOVE THE UPPER BLACK LINE DEFINING THE ROCKINGHAM DRIVEWAY.

# 189 ALLAN PARK:

UH, I THEN PROCEEDED UP TO ASHFORD, MADE A RIGHT ON ASHFORD, WAS LOOKING FOR A GOOD PLACE TO TURN AROUND AT, WHICH WOULD HAVE BEEN DOWN AROUND HERE. THERE WAS ANOTHER DRIVEWAY (INDICATING).

# 190 MS. CLARK:

FOR THE RECORD, THE WITNESS GESTURED TO AN AREA OF THE BOARD WHICH WOULD BE A CONTINUATION OF ASHFORD STREET.

# 191 ALLAN PARK:

MADE MY U-TURN AND CAME BACK DOWN AND PARKED JUST ABOUT HERE (INDICATING).

# 192 MS. CLARK:

AND FOR THE RECORD, THE WITNESS, WHEN HE SAID, "PARKED JUST ABOUT HERE," INDICATES A LOCATION THAT'S SLIGHTLY TO THE WEST OF THE ASHFORD GATE OF MR. SIMPSON'S RESIDENCE.

# 193 THE COURT:

ON THE NORTH SIDE OF THE STREET.

# 194 ALLAN PARK:

YES.

# 195 Q:

BY MS. CLARK: TELL YOU WHAT. WE'RE GOING TO HAVE YOU TRACE IT ON THE ELMO AS WELL.

# 196 A:

UP HERE?

# 197 Q:

GO AHEAD AND TAKE A SEAT.

# 198 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 199 Q:

BY MS. CLARK: OKAY. ALL RIGHT. MR. PARK, I'M GOING TO ASK YOU -- I'M GOING TO TAKE THE BOARD DOWN NOW AND I'M GOING TO ASK YOU TO DIRECT THE ARROW TO TRACE THE ROUTE THAT YOU'VE JUST DONE FOR US.

# 200 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 201 Q:

BY MS. CLARK: ALL RIGHT. OKAY. WHY DON'T YOU DIRECT THE CROSS TO TRACE THAT ROUTE SO WE CAN PRESERVE THIS STARTING AT THE BOTTOM. TELL IT.

# 202 A:

OKAY. I FOLLOWED ROCKINGHAM STRAIGHT UP, SAW THE ADDRESS ON THE NORTH SIDE OF THE CURB THERE (INDICATING).

# 203 Q:

OKAY. CAN WE MARK THAT LOCATION? DIRECT THE CROSS TO THE LOCATION WHERE YOU SAW THE ADDRESS.

# 204 A:

WHICH WOULD BE THE NORTHEAST.

# 205 Q:

DIRECT THE ARROW.

# 206 A:

RIGHT THERE (INDICATING).

# 207 Q:

CAN WE PUT AN "X" -- NO. WELL, NO, THAT'S FINE. OKAY. CONTINUE.

# 208 A:

I CONTINUED UP ALL THE WAY TO ASHFORD, MADE A RIGHT-HAND TURN, WENT DOWN THE STREET PAST THE DRIVEWAY. IT WOULD HAVE BEEN OFF THE SCREEN, BUT I MADE A U-TURN JUST PAST THAT, UH, LITTLE FARTHER DOWN. JUST PAST THE DRIVEWAY, I PARKED ON THE NORTH SIDE OF THE STREET, RIGHT ABOUT THERE (INDICATING).

# 209 Q:

ALL RIGHT. WE CAN PUT THE ARROW GOING -- WHICH WAY WAS YOUR CAR FACING?

# 210 A:

THE OTHER WAY. IT WAS FACING WEST.

# 211 Q:

ALL RIGHT. ABOUT THERE (INDICATING)?

# 212 A:

YES.

# 213 MS. CLARK:

ALL RIGHT. IF WE COULD MARK THIS AS PEOPLE'S 66-B.

# 214 THE COURT:

ALL RIGHT. 66-B.

# 215 (PEO'S 66-B FOR ID = DIAGRAM)

# 216 MS. CLARK:

THANK YOU, YOUR HONOR.

# 217 Q:

BY MS. CLARK: ALL RIGHT. AND WHEN YOU GOT TO THE LOCATION WHERE THE ARROW HAS STOPPED ON ASHFORD STREET, SIR, WHAT TIME WAS IT?

# 218 A:

IT WAS 10:25.

# 219 Q:

AND HOW DO YOU KNOW THAT?

# 220 A:

I LOOKED AT MY WATCH AND THERE'S ALSO A CLOCK ON THE RADIO.

# 221 Q:

IN THE CAR?

# 222 A:

YES.

# 223 Q:

AND WAS THE CLOCK IN THE CAR THE SAME TIME AS YOUR WATCH?

# 224 A:

YEAH, GIVE OR TAKE A MINUTE OR SO.

# 225 Q:

ALL RIGHT. AND WHAT HAPPENED NEXT AFTER YOU PARKED? WHAT DID YOU DO?

# 226 A:

UH, I GOT OUTSIDE. I WALKED TOWARDS THE BACK OF THE CAR, UH, HAD A CIGARETTE. I GOT BACK INSIDE THE CAR, LISTENED TO THE RADIO FOR A FEW MINUTES AND THEN JUST AT ABOUT 10:39, I PROCEEDED TO DRIVE UP TO THE DRIVEWAY.

# 227 Q:

OKAY. SO YOU SMOKED A CIGARETTE, LISTENED TO THE RADIO AND THEN GOT BACK INSIDE?

# 228 A:

YES.

# 229 Q:

AFTER YOU GOT BACK INSIDE, DID YOU LOOK AT THE CLOCK AGAIN?

# 230 A:

YES, I DID. I WANTED TO -- I WANTED TO MAKE SURE THAT I WAS RIGHT ON MY 10 MINUTES EARLY.

# 231 Q:

OKAY. AND YOU GOT BACK INTO THE CAR AT WHAT TIME?

# 232 A:

IT WAS AROUND 10:39.

# 233 Q:

10:39?

# 234 A:

YES.

# 235 Q:

AND HOW DO YOU KNOW THAT?

# 236 A:

FROM LOOKING AT THE CLOCKS.

# 237 Q:

WHAT DID YOU DO NEXT?

# 238 A:

UH, I STARTED THE CAR AND DROVE BACK ONTO ROCKINGHAM, MADE A LEFT AND DROVE UP TO THE ROCKINGHAM GATE WITH MY DRIVER'S SIDE WINDOW LOOKING DOWN THE ROCKINGHAM DRIVEWAY. UH, IT JUST DIDN'T LOOK TOO EASY TO GET INTO. SO -- SO I BACKED STRAIGHT BACK UP AND, UH, MADE A LEFT ONTO, UH, BACK ONTO ASHFORD AND PULLED UP TO THE ASHFORD GATE.

# 239 Q:

ALL RIGHT. LET ME BACK UP A SECOND AND SHOW YOU SOME PHOTOGRAPHS.

# 240 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 241 MR. FAIRTLOUGH:

PEOPLE'S 63.

# 242 Q:

BY MS. CLARK: ALL RIGHT. YOU INDICATED THAT YOU DROVE DOWN ASHFORD. AND WHICH WAY DID YOU TURN ON ROCKINGHAM?

# 243 A:

I MADE A LEFT.

# 244 Q:

AND FOR WHAT PURPOSE DID YOU DO THAT?

# 245 A:

TO GO BACK TO THE ROCKINGHAM GATE.

# 246 Q:

WHY DID YOU WANT TO GO BACK TO THE ROCKINGHAM GATE?

# 247 A:

I DON'T KNOW.

# 248 Q:

WHY DID YOU WANT TO LOOK IN THE ROCKINGHAM GATE?

# 249 A:

BECAUSE I WANTED TO DRIVE INTO IT.

# 250 Q:

OKAY. NOW, WAS THE ROCKINGHAM GATE OPEN OR CLOSED?

# 251 A:

IT WAS CLOSED.

# 252 Q:

SO SHOWING THIS PHOTOGRAPH, SIR, YOU INDICATED EARLIER THAT YOU WERE IN THE POSITION OF THAT DARK COLORED JEEP ON THE NORTH SIDE OF ASHFORD?

# 253 A:

YES.

# 254 Q:

WHICH WAY DID YOU TURN ON ROCKINGHAM?

# 255 A:

LEFT.

# 256 MS. CLARK:

OKAY. THIS NEXT PHOTOGRAPH HAS BEEN SHOWN TO COUNSEL, BE PEOPLE'S 146

# 257 THE COURT:

ALL RIGHT. PEOPLE'S 146.

# 258 (PEO'S 146 FOR ID = PHOTOGRAPH)

# 259 Q:

BY MS. CLARK: AND WHAT STREET IS DEPICTED IN THIS PHOTOGRAPH, SIR?

# 260 A:

UH, THAT LOOKS LIKE ROCKINGHAM.

# 261 Q:

OKAY. AND IS THAT THE LOCATION YOU DROVE DOWN TO GET TO THE ROCKINGHAM GATE?

# 262 A:

YES.

# 263 MR. FAIRTLOUGH:

PEOPLE'S 62-A.

# 264 Q:

BY MS. CLARK: AND WHAT LOCATION IS SHOWN THERE?

# 265 A:

THE ROCKINGHAM GATE.

# 266 Q:

OKAY.

# 267 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 268 MS. CLARK:

PEOPLE'S NEXT IN ORDER, THIS FOLLOWING PHOTOGRAPH, YOUR HONOR, PEOPLE'S 147, HAS BEEN SHOWN TO COUNSEL.

# 269 THE COURT:

147.

# 270 (PEO'S 147 FOR ID = PHOTOGRAPH)

# 271 Q:

BY MS. CLARK: AND WHAT LOCATION IS SHOWN IN THIS PHOTOGRAPH, SIR?

# 272 A:

THAT IS ALSO THE ROCKINGHAM GATE.

# 273 Q:

NOW, WAS THAT GATE OPEN OR CLOSED WHEN YOU SAW IT?

# 274 A:

IT WAS CLOSED.

# 275 Q:

WHEN YOU LOOKED INTO THE -- WERE YOU ABLE TO LOOK THROUGH THE GATE, THROUGH THE BARS?

# 276 A:

YES.

# 277 Q:

WHEN YOU PULLED UP TO THAT LOCATION, SIR, YOU WERE DRIVING THAT STRETCH LIMO, CORRECT?

# 278 A:

YES.

# 279 Q:

YOU PULLED THE -- SO THAT YOU COULD LOOK INTO THE GATE, YOU HAD THE SIDE WINDOW; IS THAT RIGHT?

# 280 A:

YES.

# 281 Q:

WERE YOU ABLE TO SEE OUT THE SIDE WINDOW?

# 282 A:

YES, I WAS.

# 283 Q:

WHERE WITH RESPECT TO THE GATE DID YOU PULL TO LOCATE YOUR SIDE WINDOW CLOSE TO THE GATE?

# 284 A:

UH, I WAS OUT IN THE STREET.

# 285 Q:

UH-HUH.

# 286 A:

I NEVER PULLED UP TO THE GATE AT ALL.

# 287 Q:

IN OTHER WORDS, YOU DID NOT PULL FACE INTO THE GATE?

# 288 A:

NO, I DIDN'T.

# 289 Q:

HOW DID YOU PULL UP -- WHAT POSITION DID YOU PULL UP TO NEXT TO THE GATE?

# 290 A:

UH, WOULD HAVE BEEN MY DRIVER'S SIDE WINDOW. I HAD TO LOOK OUT THE LEFT TO LOOK DOWN THE DRIVEWAY.

# 291 Q:

OKAY. AND AS YOU PULLED DOWN ROCKINGHAM THIS TIME GOING SOUTHBOUND ON ROCKINGHAM AND LOOKED INTO THE ROCKINGHAM GATE, DID YOU SEE ANY CAR, WHITE BRONCO, PARKED TO THE LEFT OF THE GATE AS YOU FACED IT?

# 292 A:

NO, I DIDN'T.

# 293 Q:

AND WAS THAT LOCATION IN YOUR FIELD OF VIEW AT THE TIME YOU LOOKED INTO THE ROCKINGHAM GATE?

# 294 A:

YES.

# 295 Q:

WHAT WERE YOU TRYING TO DO WHEN YOU LOOKED THROUGH -- WHAT WERE YOU TRYING TO DETERMINE WHEN YOU LOOKED THROUGH THE ROCKINGHAM GATE TO YOUR LEFT?

# 296 A:

I WAS JUST LOOKING AT THE DRIVEWAY AND SEEING HOW EASY IT WOULD HAVE BEEN TO PULL INTO THE DRIVEWAY AND IF I CAN EXIT OUT ONTO ASHFORD. UH, JUST THE WAY THE CARS WERE PARKED AND WHERE THE GARAGE WAS, IT DIDN'T LOOK, YOU KNOW, VERY EASY TO MAKE THAT TURN.

# 297 Q:

OKAY.

# 298 A:

SO I DECIDED TO BACK UP.

# 299 Q:

SO DID YOU MAKE A U-TURN OR DID YOU BACK UP?

# 300 A:

NO. I BACKED STRAIGHT UP.

# 301 Q:

YOU PUT IT IN REVERSE?

# 302 A:

YES.

# 303 Q:

AND WHEN YOU PUT IT IN REVERSE, DID YOU HAVE TO LOOK BEHIND YOU?

# 304 A:

OF COURSE, YES.

# 305 Q:

AND DO YOU REMEMBER WHAT SHOULDER YOU LOOKED OVER TO DO THAT?

# 306 A:

UH, I WOULD HAVE LOOKED OVER MY RIGHT.

# 307 Q:

OKAY. WHEN YOU LOOKED OVER YOUR RIGHT SHOULDER, DID YOU SEE ANYTHING BEHIND YOU?

# 308 A:

NO.

# 309 Q:

AND YOU BACKED UP TO WHERE?

# 310 A:

UH, I BACKED UP TO THE ASHFORD STREET.

# 311 Q:

OKAY. AND WHERE DID YOU GO THEN?

# 312 A:

UH, MADE ANOTHER LEFT ONTO ASHFORD AND PULLED UP TO THE FRONT GATE.

# 313

Q: OKAY. LET'S GO BACK TO 66 ON THE ELMO. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 314 MS. CLARK:

PEOPLE'S 63, YOUR HONOR.

# 315 Q:

BY MS. CLARK: AND AGAIN, SIR, YOU INDICATE -- YOU INDICATED EARLIER THAT THE ASHFORD STREET INTERSECTS WITH ROCKINGHAM?

# 316 A:

YES, IT DOES.

# 317 Q:

AND DOES THIS SHOW THE ASHFORD STREET THAT YOU PULLED ONTO?

# 318 A:

YES.

# 319 Q:

AND WHICH WAY DID YOU TURN ON ASHFORD?

# 320 A:

LEFT.

# 321 Q:

I AM SORRY. WHEN YOU CAME BACK UP ROCKINGHAM, YOU TURNED LEFT ONTO ASHFORD; IS THAT CORRECT? IS THAT WHAT YOU SAID?

# 322 A:

WHEN I -- WHEN I BACKED STRAIGHT BACK UP?

# 323 Q:

UH-HUH.

# 324 A:

YES.

# 325 Q:

OKAY. DID YOU BACK ALL THE WAY UP -- ALL THE WAY UP ROCKINGHAM PAST ASHFORD?

# 326 A:

YEAH. YES.

# 327 Q:

AND YOU MADE A LEFT ONTO ASHFORD. WAS THAT WHAT YOU SAID?

# 328 A:

YES.

# 329 Q:

THEN WHAT DID YOU DO?

# 330 A:

PULLED -- I PULLED UP TO THE ASHFORD GATE WITH MY BUMPER JUST ABOUT TOUCHING THE -- JUST ABOUT TOUCHING THE GATE AND, UH, TURNED OFF MY LIGHTS. I ONLY HAD MY PARKING LIGHTS ON.

# 331 Q:

OKAY.

# 332 MR. FAIRTLOUGH:

PEOPLE'S 64.

# 333 Q:

BY MS. CLARK: PEOPLE'S 64. DO YOU RECOGNIZE THE LOCATION SHOWN THERE, SIR?

# 334 A:

YES, I DO.

# 335 Q:

ALL RIGHT. AND WHAT POSITION DID YOU PULL UP TO WITH RESPECT TO THE GATE SHOWN IN THIS PHOTOGRAPH?

# 336 A:

UH, WITH MY CAR FACING IN FORWARD TOWARDS THE HOUSE WITH THE FRONT BUMPER ALMOST TOUCHING THAT GATE.

# 337 Q:

OKAY. IS THAT THE ASHFORD GATE THAT WE SEE IN THIS PHOTOGRAPH?

# 338 A:

YES, IT IS.

# 339 Q:

WHEN YOU PULLED UP TO THE ASHFORD GATE, SIR, DID YOU NOTICE WHETHER THERE WERE ANY CARS NEAR THIS GATE?

# 340 A:

UH, YES. THERE WAS ONE.

# 341 Q:

AND WHAT CAR DID YOU NOTICE?

# 342 A:

IT WAS, UH, FROM WHAT I COULD REMEMBER, A BLACK 300ZX.

# 343 Q:

A BLACK 300ZX?

# 344 A:

YES.

# 345 Q:

DO YOU SEE ANY CAR IN THIS PHOTOGRAPH THAT APPEARS TO MATCH THE CAR YOU'VE JUST DESCRIBED AS HAVING SEEN ON THE NIGHT OF JUNE THE 12TH NEAR THE ASHFORD GATE?

# 346 A:

YES. THAT RESEMBLES THE ONE I SAW.

# 347 Q:

OKAY. WHY DON'T YOU DIRECT THE ARROW TO CIRCLE THAT CAR.

# 348 A:

JUST BEHIND THE PERSON THERE. RIGHT THERE (INDICATING).

# 349 Q:

IS THAT IT?

# 350 A:

YES.

# 351 Q:

AND CAN YOU TELL US WHETHER IT WAS IN THAT POSITION ON THE NIGHT YOU SAW IT OF JUNE THE 12TH?

# 352 A:

YES.

# 353 Q:

OKAY. NOW, CAN YOU DIRECT THE ARROW, PLEASE, TO SHOW US THE LOCATION WHERE YOU WERE PARKED AND TELL THE ARROW WHICH DIRECTION IT SHOULD FACE TO INDICATE THE FRONT OF YOUR LIMO?

# 354 A:

UH, THE ARROW SHOULD BE POINTING UPWARDS JUST LIKE THAT WITH MY FRONT BUMPER JUST TOUCHING THE GATE. DOWN A LITTLE LOWER. THERE YOU GO (INDICATING).

# 355 Q:

OKAY. IS THAT CORRECT?

# 356 A:

YES.

# 357 Q:

OKAY. THANK YOU.

# 358 MS. CLARK:

PEOPLE'S 64-B, YOUR HONOR.

# 359 THE COURT:

64-B.

# 360 (PEO'S 64-B FOR ID = PHOTOGRAPH)

# 361 MS. CLARK:

THANK YOU.

# 362 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 363 Q:

BY MS. CLARK: ALL RIGHT. WOULD YOU PLEASE TRACE THE ROUTE YOU JUST DESCRIBED TO US, SIR? AFTER YOU PARKED ON ASHFORD, YOU INDICATED YOU GOT BACK IN THE CAR AND DROVE AGAIN; IS THAT CORRECT?

# 364 A:

YES.

# 365 Q:

AND YOU INDICATED IT WAS WHAT TIME WHEN YOU DID THAT?

# 366 A:

WHEN I GOT BACK IN THE CAR?

# 367 Q:

WHEN YOU DROVE -- WHEN YOU BEGAN TO DRIVE AGAIN TO LOOK AT THE ROCKINGHAM GATE.

# 368 A:

THAT WAS AROUND 10:39.

# 369 Q:

OKAY. PLEASE DIRECT THE POINTER, THE CROSS.

# 370 A:

UH, GO BACK OUT ONTO ASHFORD -- I MEAN ROCKINGHAM, MAKE A LEFT, ALL THE WAY TO THE DRIVEWAY. I STOPPED THERE (INDICATING).

# 371 Q:

ALL RIGHT. CAN YOU INDICATE TO US WHERE YOUR SIDE WINDOW WAS IN RESPECT -- WITH RESPECT TO THE ROCKINGHAM GATE?

# 372 A:

IT WAS JUST PARALLEL WITH IT LOOKING STRAIGHT DOWN THE DRIVEWAY.

# 373 Q:

OKAY. AND WHAT TIME WAS IT, SIR, WHEN YOU GOT TO -- STRIKE THAT. WHEN YOU WERE -- WHEN YOU LOOKED TO YOUR LEFT TO LOOK UP THE ROCKINGHAM GATE, WERE YOU LOOKING VERY CAREFULLY TO THAT -- IN THAT DIRECTION, SIR?

# 374 A:

YES, I WAS.

# 375 Q:

AND DID YOU SEE ANY CAR -- ANY WHITE BRONCO PARKED TO YOUR LEFT AT -- NORTH OF THE ROCKINGHAM GATE?

# 376 MR. COCHRAN:

ASKED AND ANSWERED.

# 377 THE COURT:

OVERRULED. OVERRULED.

# 378 ALLAN PARK:

NO, I DIDN'T.

# 379 Q:

BY MS. CLARK: I'M SORRY. YOU DID NOT SEE ANY --

# 380 A:

NO.

# 381 Q:

-- BRONCO PARKED TO THE NORTH OF THE ROCKINGHAM GATE?

# 382 A:

NO, I DIDN'T.

# 383 Q:

THEN WHAT DID YOU DO?

# 384 A:

THAT'S WHEN I BACKED STRAIGHT BACK UP THOSE SAME TRACES AND --

# 385 Q:

OKAY. WHY DON'T WE PUT A "1" ON THAT WHITE LINE. ALL RIGHT. AND NOW IN A DIFFERENT COLOR, MAYBE GREEN. OKAY. WHY DON'T YOU DIRECT US HOW -- TO HOW YOU WENT IN REVERSE.

# 386 A:

UH, STRAIGHT BACK, JUST A LITTLE BIT PAST ASHFORD AND THEN MADE A LEFT, WENT BACK FORWARD (INDICATING).

# 387 Q:

OKAY.

# 388 A:

MADE A LEFT.

# 389 Q:

AND COULD YOU PLEASE DIRECT IT TO SHOW WHERE YOU PARKED?

# 390 A:

KEEP GOING. MADE A RIGHT ALL THE WAY UP TO THE FRONT GATE (INDICATING).

# 391 Q:

OKAY. AND COULD WE PUT AN ARROW THERE INDICATING YOUR -- THE DIRECTION YOU WERE FACING? IS THAT CORRECT?

# 392 A:

THAT'S CORRECT, YES.

# 393 Q:

OKAY. AND LET'S PUT AN ARROW ON THE WHITE LINE INDICATING THE DIRECTION YOU TOOK. WOULD THAT BE THE FRONT OF YOUR CAR, SIR?

# 394 A:

WHERE THE GREEN IS?

# 395 Q:

NO. WHERE THE WHITE ARROW IS. AS YOU GOT -- WHEN YOU GOT TO THE ROCKINGHAM GATE.

# 396 A:

YES.

# 397 Q:

OKAY. AND IF WE COULD PUT A "2" ON THE GREEN LINE. WHY DON'T YOU PUT IT UP THERE BY ASHFORD. OKAY. GOOD. THANKS, JOHN.

# 398 THE COURT:

MISS CLARK, YOU WANT TO MARK THIS EXHIBIT?

# 399 MS. CLARK:

YES, YOUR HONOR, I DO. PEOPLE'S 66-C.

# 400 THE COURT:

THANK YOU.

# 401 (PEO'S 66-C FOR ID = DIAGRAM)

# 402 Q:

BY MS. CLARK: WHEN YOU PULLED UP TO THE ASHFORD GATE, SIR, THE LOCATION SHOWN BY THE GREEN ARROW, CAN YOU TELL US WHAT TIME IT WAS?

# 403 A:

THAT WAS AT 10:40.

# 404 Q:

AND HOW DO YOU KNOW THAT?

# 405 A:

BECAUSE I LOOKED AT THE CLOCKS AGAIN.

# 406 Q:

I'M SORRY?

# 407 A:

I LOOKED AT MY WATCH AND THE CLOCK AGAIN.

# 408 Q:

AND THE CLOCK?

# 409 A:

YEAH.

# 410 Q:

YOU LOOKED AT YOUR CLOCK AND YOUR WATCH A LOT THAT NIGHT.

# 411 A:

A LOT.

# 412 Q:

WHY IS THAT?

# 413 A:

BECAUSE WHEN YOU'RE A LIMO DRIVER, YOU'RE SET PRETTY MUCH ON SCHEDULES. SO YOU'RE LOOKING TO SEE IF YOU'RE ON TIME, HOW LONG YOU HAVE TO GET TO THE AIRPORT, THINGS LIKE THAT.

KEY QUOTE

# 414 Q:

NOW, YOU INDICATED I THINK THAT YOU TURNED OFF YOUR HEAD LIGHTS AND YOU LEFT ONLY YOUR PARKING LIGHTS ON?

# 415 A:

YES.

# 416 Q:

ALL RIGHT. AT 10:40?

# 417 A:

YES.

# 418 Q:

WHAT HAPPENED NEXT?

# 419 A:

THAT IS WHEN I GOT OUT OF THE CAR. AND THERE IS AN INTERCOM AT THE GATE, AND I WAS USING THAT INTERCOM TO BUZZ THE HOUSE. AND I BUZZED IT AND THERE WAS NO ANSWER. I PROCEEDED TO BUZZ IT A FEW MORE TIMES. THERE WAS STILL NO ANSWER. SO I, UH -- THAT'S WHEN I DECIDED TO GET BACK IN THE CAR AND, UH, CALL MY BOSS' VOICE MAIL.

# 420 Q:

OKAY. WHEN YOU -- WAS IT SOMETHING YOU PRESSED, A BUTTON YOU PRESSED?

# 421 A:

I THINK IT WAS A BUTTON, YES.

# 422 Q:

AND WHEN YOU PRESSED THAT BUTTON, COULD YOU HEAR A SOUND?

# 423 A:

YEAH. IT -- IT MADE A RINGING OR A BUZZING NOISE.

# 424 Q:

DO YOU REMEMBER WHETHER IT WAS RINGING OR BUZZING?

# 425 A:

NO.

# 426 Q:

OKAY. BUT IT WAS A SOUND.

# 427 A:

YES.

# 428 Q:

HOW MANY TIMES DID YOU PRESS THE BUTTON AT 10:40?

# 429 A:

IT WAS A GOOD TWO OR THREE, FOUR TIMES.

# 430 Q:

AND DID YOU GET ANY ANSWER?

# 431 A:

NO, I DIDN'T.

# 432 Q:

SO AFTER YOU PRESSED THE BUZZER TWO OR THREE OR FOUR TIMES AND GOT NO ANSWER, WHAT HAPPENED NEXT?

# 433 A:

THAT'S WHEN I STEPPED BACK INTO THE CAR AND, UH, USED THE CELL PHONE TO CALL MY BOSS' VOICE MAIL.

# 434 (BRIEF PAUSE.)

# 435 MS. CLARK:

CAN I HAVE A MOMENT, YOUR HONOR?

# 436 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 437 THE COURT:

MISS CLARK.

# 438 MS. CLARK:

THANK YOU, YOUR HONOR.

# 439 Q:

BY MS. CLARK: ALL RIGHT. NOW, YOU INDICATED TO US EARLIER, SIR, THAT YOU -- THAT THERE WAS A PHONE IN THAT LIMOUSINE?

# 440 A:

YES, THERE WAS.

# 441 Q:

AND YOU JUST INDICATED NOW THAT YOU USED THAT PHONE?

# 442 A:

YES.

# 443 Q:

AND WHO DID YOU CALL?

# 444 A:

I CALLED MY -- UH, I WAS TRYING TO GET HOLD OF MY BOSS, DALE ST. JOHN, WHICH IT ENDED UP BEING HIS VOICE MAIL. IT'S HIS BUSINESS LINE.

# 445 Q:

I'M GOING TO SHOW YOU PHONE RECORDS, SIR.

# 446 (BRIEF PAUSE.)

# 447 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 448 MS. CLARK:

YOUR HONOR, I HAVE HERE A PHOTOCOPY OF A PHONE BILL I'LL BE MARKING --

# 449 THE COURT:

PEOPLE'S NEXT IN ORDER IS 148.

# 450 MS. CLARK:

PEOPLE'S 148. THANK YOU. I'LL BE MARKING A DIFFERENT COPY OF THIS SAME FOR ACTUAL ADMISSION AT SOME POINT.

# 451 THE COURT:

ALL RIGHT.

# 452 MS. CLARK:

BUT FOR NOW, I'LL JUST USE THIS XEROX IF THAT'S ALL RIGHT.

# 453 (PEO'S 148 FOR ID = PHONE BILL)

# 454 Q:

BY MS. CLARK: SIR, I'M DIRECTING YOUR ATTENTION TO THIS DOCUMENT IN FRONT OF YOU AND I'M GOING TO BE ASKING YOU A FEW QUESTIONS ABOUT IT. DO YOU SEE HERE AN ENTRY FOR JUNE THE 12TH, '94, THE TIME 2205:36?

# 455 A:

YES, I DO.

# 456 Q:

FIRST OF ALL, ARE YOU FAMILIAR WITH MILITARY VERSUS REGULAR TIME?

# 457 A:

YES.

# 458 Q:

OKAY. AND 2205:36, WOULD THAT BE 10:05 AND 36 SECONDS P.M.?

# 459 A:

YES, IT WOULD.

# 460 Q:

ALL RIGHT. DOES THAT SHOW A PHONE CALL PLACED TO AND FROM A GIVEN NUMBER HERE?

# 461 A:

YES, IT DOES.

# 462 Q:

OKAY. THE NUMBER STATED HERE FOR THIS FIRST CALL AT 10:05 ON THIS BILL, DO YOU RECOGNIZE THAT NUMBER?

# 463 A:

DO I -- WELL, I DON'T RECOGNIZE IT, NO. I KNOW WHAT IT IS, BUT --

# 464 Q:

WHAT IS IT?

# 465 A:

THAT'S -- IT'S THE PHONE NUMBER TO THE LIMOUSINE.

# 466 Q:

OKAY. THE CAR -- THE PHONE THAT YOU HAD IN YOUR CAR?

# 467 A:

YES.

# 468 Q:

ALL RIGHT. AND DOES THAT REFLECT A CALL THAT CAME INTO YOU AT 10:05?

# 469 A:

YES.

# 470 Q:

WHO WOULD THAT BE FROM?

# 471 A:

THAT WOULD BE FROM DALE ST. JOHN.

# 472 Q:

YOUR BOSS?

# 473 A:

YES.

# 474 Q:

OKAY. DO YOU SEE THEN A CALL AT 1043:44 ON JUNE THE 12TH?

# 475 A:

YES, I DO.

# 476 Q:

AND DO YOU RECOGNIZE THE PHONE NUMBER TO WHICH THE CALL WAS PLACED?

# 477 A:

YES, I DO.

# 478 Q:

WHOSE PHONE NUMBER IS THAT?

# 479 A:

THAT IS DALE ST. JOHN'S BUSINESS LINE.

# 480 Q:

OKAY. AND WHEN YOU SAY BUSINESS LINE, YOU EARLIER INDICATED TO US THAT YOU PLACED A PHONE CALL TO HIS PAGER?

# 481 A:

YES.

# 482 Q:

IS THAT THE SAME AS HIS BUSINESS LINE?

# 483 A:

YES, IT IS.

# 484 Q:

OKAY. NOW, DIRECTING YOUR ATTENTION -- OKAY. ALL RIGHT. AFTER YOU PLACED THE CALL TO DALE ST. JOHN'S PAGER, WHAT DID YOU DO NEXT?

# 485 A:

UH, I MADE THE CALL AND, UH, I LEFT THE NUMBER THAT, UH -- TO CALL ME BACK, AND AFTER THAT, I GOT BACK OUT OF THE CAR AND PROCEEDED TO RING THE INTERCOM A FEW MORE TIMES.

# 486 Q:

OKAY. LET ME ASK YOU SOMETHING, MR. PARK. WHEN YOU SAY YOU LEFT A NUMBER FOR HIM TO CALL YOU BACK, WHAT NUMBER DID YOU LEAVE? THE NUMBER TO WHAT?

# 487 A:

ACTUALLY, I THINK I LEFT LIKE 911, BECAUSE I NEVER KNEW THE PHONE NUMBER TO THE -- TO THE LIMOUSINE. I NEVER KNEW WHAT THE -- NEVER KNEW WHAT THE NUMBER TO THE LIMOUSINE PHONE WAS. SO I COULDN'T LEAVE HIM A NUMBER I DIDN'T KNOW. SO I JUST LEFT HIM 911 FIGURING HE'D FIGURE THAT OUT, REALIZE I WAS IN SOME KIND OF TROUBLE.

# 488 Q:

AND WHAT KIND OF TROUBLE WERE YOU IN THAT YOU LEFT THE 911?

# 489 A:

UH, THAT NOBODY WAS ANSWERING, THAT I DIDN'T THINK ANYONE WAS HOME. SO I WANTED TO FIND OUT WHAT HIS INSTRUCTIONS WERE FROM THERE TO, UH, FIGURE OUT WHAT TO DO.

# 490 Q:

ALL RIGHT. AND THAT WAS AT 10:43, WAS IT, P.M.?

# 491 A:

YES, IT WAS.

# 492 THE COURT:

WOULD THIS BE A GOOD POINT? ALL RIGHT. LADIES AND GENTLEMEN, WE'RE GOING TO TAKE OUR RECESS FOR THE MORNING SESSION. PLEASE REMEMBER ALL MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU, ALSO, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. MR. PARK, I AM GOING TO ORDER YOU TO COME BACK AT 1:30. DO NOT DISCUSS YOUR TESTIMONY WITH ANYBODY EXCEPT FOR THE TWO LAWYERS HERE. I UNDERSTAND THERE'S A REPORTER HERE FROM THE NORTH HIGH NORTH WIND. YOU ARE NOT TO TALK TO THAT PERSON. DO YOU UNDERSTAND THAT?

# 493 ALLAN PARK:

YES, SIR.

# 494 THE COURT:

ALL RIGHT. WE'LL STAND IN RECESS. 1:30.

Temperature

procedural

Key Quotes (4)

Allan Park

NO, I DIDN'T.

Park's repeated denial of seeing the white Bronco parked north of the Rockingham gate — twice, at 10:22 and 10:39 — is central to the prosecution's timeline placing Simpson away from home during the murders.

Allan Park

BECAUSE WHEN YOU'RE A LIMO DRIVER, YOU'RE SET PRETTY MUCH ON SCHEDULES. SO YOU'RE LOOKING TO SEE IF YOU'RE ON TIME, HOW LONG YOU HAVE TO GET TO THE AIRPORT, THINGS LIKE THAT.

Park's explanation for why he checked the clock repeatedly bolsters the credibility of his precise timeline, which is the backbone of the prosecution's case that no one was home at Rockingham.

Allan Park

I JUST LEFT HIM 911 FIGURING HE'D FIGURE THAT OUT, REALIZE I WAS IN SOME KIND OF TROUBLE.

Park's improvised distress signal to his boss — leaving '911' because no one answered — conveys the alarm he felt at Simpson's absence, and humanizes the precise timeline with a memorable, slightly absurd detail.

Allan Park

UH, IT HAD TO HAVE BEEN AROUND 9:22, 9:23. NO. EXCUSE ME. 10:22, 10:23. I'M SORRY.

A small self-correction that defense could use to suggest faulty memory, but also shows Park is not robotically rehearsed.

Evidence (13)

People's 62-A

Photograph showing the Rockingham curb address painted on the curb near the Bronco's later parking spot

introduced, witness identified location of address

People's 62A-1

Marked version of People's 62-A with witness annotation

marked for identification

People's 63

Photograph showing Ashford Street intersection with Rockingham

introduced, witness identified street and parking location

People's 63-E

Photograph annotated to show where Park parked the limo on Ashford (marked near black Jeep location)

marked for identification

People's 64

Photograph of the Ashford gate and surrounding area, showing black 300ZX parked nearby

introduced, witness identified gate and vehicle

People's 64-B

Annotated version of People's 64 showing limo position at Ashford gate

marked for identification

+ 7 more

Notable Exchanges (2)

Marcia Clark•Allan Park

Clark walked Park through two passes at the Rockingham gate — 10:22 and 10:39 — both times eliciting that the white Bronco was absent. The second elicitation drew Cochran's 'asked and answered' objection, which was overruled, underscoring how important this point was to the prosecution.

strategic

Allan Park•Marcia Clark

Park explained that he left '911' as a callback number on his boss's pager because he didn't know the limo phone number and wanted to signal something was wrong — nobody was home at Simpson's house.

revealing

Light Moments (2)

Allan Park

When asked what 'stretch limousine' means, Park replied flatly: 'IT MEANS IT'S LONG.'

Marcia Clark / Allan Park

Clark noted wryly, 'YOU LOOKED AT YOUR CLOCK AND YOUR WATCH A LOT THAT NIGHT,' and Park confirmed, 'A LOT.'

Witness Demeanor

(BRIEF PAUSE.) — noted twice during testimony

Witness self-corrected a time error mid-testimony: '9:22, 9:23. NO. EXCUSE ME. 10:22, 10:23. I'M SORRY.'

Witness complied straightforwardly with court's direction to lean back and use the microphone

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5437 • 494 utterances • Prosecution witness

Criminal Trial

Department 103