Direct examination of Allan Park (part 3)

📄 Direct examination of Allan Park (part 3) — Tuesday, March 28, 1995

Address:

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

TRIAL

▲ Day 46 of 167

◀ Direct examination of Allan Park (part 2) Sidebar (1) ▶

Witness: Allan Park
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, March 28, 1995 • Utterances: 138

Limousine driver Brian Park testified about arriving at Simpson's Rockingham estate on the night of the murders, describing a 6-foot 200-pound figure he saw enter the front of the house and his intercom conversation in which he heard Simpson's voice say he had overslept and just gotten out of the shower. Park also described seeing two black duffle bags on the porch — one unzipped — and was asked about Kato Kaelin mentioning an earthquake, a reference the defense repeatedly fought to exclude as hearsay.

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

# 2 Q:

BY MS. CLARK: AND WHEN YOU HEARD THE VOICE SAY TO YOU, "I'M SORRY, I OVERSLEPT," DID YOU RECOGNIZE THAT VOICE?

# 3 MR. COCHRAN:

YOUR HONOR, THIS HAS BEEN COVERED.

# 4 ALLAN PARK:

YES, I DID.

# 5 THE COURT:

OVERRULED.

# 6 ALLAN PARK:

YES.

# 7 MR. COCHRAN:

MISSTATES THE EVIDENCE ALSO, THAT LAST STATEMENT.

# 8 THE COURT:

OVERRULED.

# 9 Q:

BY MS. CLARK: WHOSE VOICE WAS IT?

# 10 A:

MR. SIMPSON'S.

# 11 Q:

AND WHAT DID YOU SAY HE SAID TO YOU?

# 12 A:

THAT HE OVERSLEPT --

# 13 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR. WE ALL HEARD IT.

# 14 THE COURT:

OVERRULED.

# 15 ALLAN PARK:

HE OVERSLEPT, HE JUST GOT OUT OF THE SHOWER AND HE WOULD BE DOWN IN A MINUTE.

KEY QUOTE

# 16 Q:

BY MS. CLARK: NOW, HAD YOU EVER HEARD MR. SIMPSON'S VOICE BEFORE?

# 17 A:

YES.

# 18 Q:

HOW HAD YOU HEARD IT BEFORE?

# 19 A:

ON T.V. COMMENTARY, SPORTS.

# 20 Q:

IS THAT HOW YOU RECOGNIZED IT?

# 21 A:

YES.

# 22 Q:

COULD YOU TELL, WHEN YOU SAW THAT SIX-FOOT 200-POUND PERSON WALK INTO THE ENTRANCE, COULD YOU TELL WHETHER THAT PERSON WAS COMING FROM THE ROCKINGHAM DRIVEWAY OR FROM THE AREA OF THE GARAGE FROM THE SOUTH PATHWAY?

# 23 A:

NO, I COULDN'T.

# 24 Q:

COULD YOU TELL WHETHER THAT PERSON HAD ANYTHING IN HIS HAND -- IN THEIR HANDS?

# 25 A:

NO.

# 26 Q:

WHEN THAT PERSON WALKED INTO THE ENTRANCE OF THE HOUSE, DID YOU NOTICE WHETHER THERE WAS ANY CHANGE IN THE LIGHTING IN THE HOUSE?

# 27 A:

SOME LIGHTS CAME ON DOWNSTAIRS, YES.

# 28 Q:

AND WAS THAT IMMEDIATELY AFTER THE PERSON ENTERED THE HOUSE?

# 29 MR. COCHRAN:

LEADING AND SUGGESTIVE, YOUR HONOR.

# 30 THE COURT:

SUSTAINED.

# 31 MS. CLARK:

I'M SORRY.

# 32 Q:

HOW LONG AFTER THAT PERSON ENTERED THE HOUSE, THE FRONT ENTRANCE, DID THE LIGHTS GO ON DOWNSTAIRS?

# 33 A:

JUST SECONDS.

# 34 Q:

COULD YOU TELL WHICH LIGHTS WENT ON?

# 35 A:

NO. I JUST -- I JUST SAW -- YOU KNOW, FROM THE -- FROM THE WINDOWS AND THE CURTAINS THEY ILLUMINATED. I COULDN'T TELL YOU WHERE THE HEIGHTS CAME FROM, NO.

# 36 Q:

AFTER THAT SIX-FOOT 200-POUND PERSON WENT INTO THE HOUSE, DID YOU HAPPEN TO NOTICE WHERE MR. KAELIN WAS?

# 37 A:

FROM WHAT I REMEMBERED, HE WAS STILL STANDING ON THE SIDEWALK.

# 38 Q:

DID HE ACKNOWLEDGE YOU IN ANY WAY AFTER THAT PERSON WENT INTO THE HOUSE?

# 39 A:

FROM WHAT I REMEMBER, HE KIND OF GAVE ME A HAND GESTURE TO LET ME KNOW HE WAS THERE.

# 40 Q:

AND THAT WAS AFTER THE SIX-FOOT PERSON WENT INTO THE HOUSE?

# 41 A:

I'M PRETTY SURE, YES.

# 42 Q:

THAT PERSON THAT YOU SAW GO INTO THE HOUSE, DID HE LOOK LIKE SOMEONE YOU RECOGNIZED?

# 43 A:

NO.

# 44 Q:

DID HE LOOK LIKE MR. SIMPSON?

# 45 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, YOUR HONOR. ASKED AND ANSWERED.

# 46 THE COURT:

OVERRULED.

# 47 ALLAN PARK:

I COULDN'T TELL WHO IT WAS.

KEY QUOTE

# 48 Q:

BY MS. CLARK: DID IT APPEAR TO BE THE SAME SIZE AS MR. SIMPSON?

# 49 A:

YES.

# 50 Q:

SAME HEIGHT AND WEIGHT?

# 51 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR.

# 52 THE COURT:

OVERRULED.

# 53 ALLAN PARK:

AROUND THERE.

# 54 Q:

WAS MR. KAELIN EVER ON THE DRIVEWAY AT THE SAME TIME AS THE SIX-FOOT 200-POUND PERSON THAT WENT INTO THE HOUSE?

# 55 A:

NOT THAT I REMEMBER, NO.

# 56 Q:

AFTER YOU SPOKE TO MR. SIMPSON -- STRIKE THAT. HOW LONG AFTER YOU SAW THE SIX-FOOT 200-POUND PERSON GO INTO THE HOUSE DID YOU SPEAK TO MR. SIMPSON ON THE INTERCOM?

# 57 MR. COCHRAN:

I THINK THIS HAS BEEN ASKED AND ANSWERED, YOUR HONOR.

# 58 THE COURT:

SUSTAINED. I'M SORRY, I'M GOING TO OVERRULE THAT. YOU CAN ANSWER THE QUESTION.

# 59 ALLAN PARK:

IT HAD --

# 60 THE COURT:

DIFFERENT QUESTION ON LIGHTS.

# 61 ALLAN PARK:

IT HAD TO HAVE BEEN ANYWHERE BETWEEN THIRTY SECONDS TO A MINUTE.

# 62 Q:

BY MS. CLARK: AND AFTER YOU SPOKE TO MR. SIMPSON ON THE INTERCOM, WHAT HAPPENED NEXT?

# 63 A:

I GOT BACK INTO THE CAR AND WAITED ANOTHER TWENTY, THIRTY SECONDS AND BEFORE MR. KAELIN CAME OVER AND OPENED THE GATE.

# 64 Q:

OKAY. DID YOU -- AFTER YOU SPOKE TO MR. SIMPSON YOU GOT BACK IN THE CAR?

# 65 A:

YES, I DID.

# 66 Q:

AND HOW LONG AFTER THAT DID MR. KAELIN COME OVER TO THE GATE?

# 67 A:

TWENTY OR THIRTY SECONDS.

# 68 Q:

OKAY. AND DID HE OPEN THE GATE FOR YOU?

# 69 A:

FROM WHAT I REMEMBER, YES.

# 70 Q:

AND WHEN WE ARE INDICATING MR. SIMPSON, SIR, IS THAT SOMEBODY YOU SEE IN COURT TODAY?

# 71 A:

YES, IT IS.

# 72 Q:

CAN YOU PLEASE POINT HIM OUT.

# 73 A:

HE IS OVER HERE BY MR. SHAPIRO, (INDICATING).

# 74 MS. CLARK:

IS THAT GOOD ENOUGH?

# 75 THE COURT:

GOOD ENOUGH.

# 76 MS. CLARK:

OKAY.

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

# 78 MS. CLARK:

YOUR HONOR, COULD I ASK THE COURT TO ASK THE DEFENDANT TO STAND FOR A MOMENT, PLEASE.

# 79 THE COURT:

OKAY.

# 80 (THE DEFENDANT COMPLIES.)

# 81 Q:

BY MS. CLARK: YOU HAVE SEEN THE DEFENDANT, MR. PARK?

# 82 A:

YES.

# 83 Q:

CAN YOU TELL US IF THAT APPEARS TO BE THE SIZE OF THE PERSON THAT YOU SAW ENTER THE FRONT ENTRANCE OF THE HOUSE AT ROCKINGHAM?

# 84 MR. COCHRAN:

ASKED AND ANSWERED, YOUR HONOR, A COUPLE TIMES.

# 85 THE COURT:

OVERRULED. OVERRULED.

# 86 ALLAN PARK:

YES, AROUND THE SIZE.

# 87 Q:

BY MS. CLARK: ALL RIGHT. DID YOU -- WHILE YOU WERE SPEAKING TO MR. SIMPSON, WERE YOU PAYING ATTENTION TO WHAT MR. KAELIN WAS DOING?

# 88 A:

WHILE I WAS ON THE INTERCOM WITH HIM?

# 89 Q:

RIGHT.

# 90 A:

NO.

# 91 Q:

SO DID YOU SEE WHAT MOVEMENTS MR. KAELIN MADE OR WHERE HE WENT OR WHAT HE DID WHILE YOU WERE SPEAKING TO THE DEFENDANT?

# 92 A:

NO, I DIDN'T.

# 93 Q:

DID YOU PULL INTO THE DRIVEWAY AFTER MR. KAELIN OPENED THE GATE?

# 94 A:

YES, I DID.

# 95 Q:

AND WHAT HAPPENED NEXT?

# 96 A:

I DROVE IN, PULLED THE CAR INTO THE DRIVEWAY WITH MY DRIVER'S WINDOW PARALLEL WITH HIS FRONT DOOR, POPPED THE TRUNK AND GOT OUT OF THE CAR.

# 97 Q:

OKAY. AND WHAT HAPPENED NEXT?

# 98 A:

AT THAT TIME MR. KAELIN CAME OVER TO ME AND SAID A FEW THINGS LIKE "IS MR. SIMPSON RUNNING LATE OR" --

# 99 MR. COCHRAN:

HEARSAY, YOUR HONOR.

# 100 THE COURT:

SUSTAINED.

# 101 Q:

BY MS. CLARK: HE ASKED YOU A QUESTION?

# 102 A:

I COULDN'T REMEMBER IF IT WAS A QUESTION OR NOT. I DON'T --

# 103 THE COURT:

HOLD ON. NEXT QUESTION.

# 104 Q:

BY MS. CLARK: DO YOU REMEMBER IF HE ASKED YOU A QUESTION?

# 105 A:

YEAH. HE ASKED ME IF I FELT AN EARTHQUAKE.

KEY QUOTE

# 106 MR. COCHRAN:

OBJECTION, YOUR HONOR.

# 107 THE COURT:

ALL RIGHT. SUSTAINED.

# 108 MR. COCHRAN:

MOVE TO STRIKE AFTER "YES."

# 109 MS. CLARK:

SUSTAINED WHAT?

# 110 THE COURT:

IT IS HEARSAY. AND MR. PARK, LET ME ASK YOU JUST TO LISTEN CAREFULLY TO THE QUESTION AND ANSWER ONLY THE QUESTION THAT IS BEING ASKED OF YOU. ALL RIGHT. THANK YOU, SIR. MISS CLARK.

# 111 Q:

BY MS. CLARK: CAN YOU TELL US, SIR, WHEN YOU FIRST PULLED UP INTO THE DRIVEWAY, WHERE DID YOU PARK?

# 112 A:

I PARKED WITH MY DRIVER'S SIDE WINDOW PARALLEL WITH THE FRONT DOOR OF THE RESIDENCE.

# 113 Q:

OKAY. DID YOU NOTICE THE FRONT DOOR AREA WHEN YOU DID THAT?

# 114 A:

YES.

# 115 Q:

AND WHAT -- WHAT DID YOU SEE?

# 116 A:

THE FRONT DOOR WAS OPENED AND THERE WERE A COUPLE OF BAGS ON THE PORCH.

# 117 Q:

DO YOU REMEMBER WHAT KIND OF BAGS WERE ON THE PORCH?

# 118 A:

BLACK DUFFLE BAGS.

# 119 Q:

CAN YOU SHOW US WITH YOUR HAND HOW BIG THEY WERE?

# 120 A:

UMM, ABOUT THIS SIZE, (INDICATING).

# 121 THE COURT:

36 INCHES.

# 122 MS. CLARK:

FOR THE RECORD -- FOR THE RECORD, THE WITNESS HAS HELD UP HIS HAND IN WHAT APPEARS TO BE 36 INCHES.

# 123 Q:

AND HOW HIGH?

# 124 A:

FOOT AND HALF, TWO FEET.

# 125 MS. CLARK:

AND THE WITNESS SO GESTURED WITH HIS HANDS, IT APPEARS.

# 126 Q:

HOW FAR OPENED WAS THE FRONT DOOR WHEN YOU FIRST PULLED UP TO THE FRONT ENTRANCE?

# 127 A:

THAT I DON'T REMEMBER.

# 128 Q:

AND THE DUFFLE BAGS THAT YOU SAW, COULD YOU TELL WHETHER THEY WERE ZIPPED OR UNZIPPED?

# 129 A:

ONE WAS UNZIPPED.

# 130 Q:

AT THAT POINT WAS THE DEFENDANT OUTSIDE WITH YOU WHEN YOU FIRST PULLED UP?

# 131 A:

NO, HE WASN'T.

# 132 Q:

AFTER YOU POPPED THE TRUNK, DID YOU GET OUT OF THE CAR?

# 133 A:

YES, I DID.

# 134 Q:

AND DID YOU HAVE A CONVERSATION WITH MR. KAELIN ABOUT AN EARTHQUAKE?

# 135 A:

YES. HE ASKED ME IF I FELT ONE.

# 136 MR. COCHRAN:

JUST A MOMENT. MOVE TO STRIKE AFTER "YES."

# 137 MS. CLARK:

I WOULD LIKE TO APPROACH, YOUR HONOR.

# 138 THE COURT:

ALL RIGHT. WITH COUNSEL AND THE COURT REPORTER, PLEASE.

Temperature

procedural

Key Quotes (4)

Witness (Park)

HE OVERSLEPT, HE JUST GOT OUT OF THE SHOWER AND HE WOULD BE DOWN IN A MINUTE.

Park's account of Simpson's own words on the intercom places Simpson at Rockingham and establishes the timeline — Simpson claiming to have just woken up shortly before the limo was supposed to depart for the airport.

Witness (Park)

BLACK DUFFLE BAGS... ONE WAS UNZIPPED.

The unzipped bag is potentially significant — prosecutors suggested Simpson may have been disposing of or packing bloody clothing or the murder weapon.

Witness (Park)

I COULDN'T TELL WHO IT WAS.

Park could not positively identify the 6-foot figure he saw enter the house, limiting the strength of his testimony placing Simpson outside just before he 'appeared' at the door.

Witness (Park)

HE ASKED ME IF I FELT AN EARTHQUAKE.

Kaelin's earthquake comment links to the thumps he heard behind his guesthouse — part of the prosecution's theory that Simpson was back there after committing the murders. Defense fought hard to keep this out as hearsay.

Evidence (3)

Informal

Black duffle bags on the porch of the Rockingham front entrance, one unzipped, approximately 36 inches long and 1.5 to 2 feet tall

discussed

Informal

Intercom recording or Park's recollection of Simpson's voice saying he overslept and just got out of the shower

discussed

Informal

The defendant himself (OJ Simpson made to stand for size comparison)

introduced

Notable Exchanges (3)

Marcia Clark•Lance A. Ito

Clark asked the court to have Simpson stand so Park could compare his size to the figure he saw — judge simply said 'OKAY' and Simpson complied. Clark then recorded for the record that Park confirmed the figure was 'around the size' of the defendant.

strategic

Johnnie Cochran•Lance A. Ito•Witness

When Park mentioned Kaelin asked if he felt an earthquake, Cochran immediately objected and moved to strike everything after 'yes.' The court sustained the hearsay objection — but the jury had already heard the earthquake reference, which connects to Kaelin's thumps testimony.

heated

Lance A. Ito•Witness

Judge interrupted when the witness started to volunteer Kaelin's statements, instructing Park to 'listen carefully to the question and answer only the question that is being asked.'

procedural

Light Moments (2)

Lance A. Ito

When Clark asked 'IS THAT GOOD ENOUGH?' after the in-court identification, Judge Ito replied simply 'GOOD ENOUGH.'

Lance A. Ito

After Park gestured with his hands to show the bag size, Ito flatly announced '36 INCHES' for the record.

Witness Demeanor

(INDICATING) — witness gestured with hands to show duffle bag size

(THE DEFENDANT COMPLIES) — Simpson stood at the court's direction for size comparison

Objections

10 objections (3 sustained, 7 overruled)

Proceeding 5446 • 138 utterances • Prosecution witness

Criminal Trial

Department 103