Direct examination of Allan Park (part 5)

📄 Direct examination of Allan Park (part 5) — Tuesday, March 28, 1995

Address:

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

TRIAL

▲ Day 46 of 167

◀ Administrative matters Cross-examination of Allan Park (part 1) ▶

Witness: Allan Park
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, March 28, 1995 • Utterances: 48

This is the tail end of Allan Park's direct examination by Marcia Clark, continuing after a recess. Clark wraps up Park's airport account — what bags Simpson carried to the skycap, whether Simpson complained of any physical pain during the drive, and a cryptic remark Simpson made about having forgotten something. The examination concludes quickly with no dramatic revelations.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. MR. PARK, WOULD YOU RESUME THE WITNESS STAND, PLEASE. ALL RIGHT. LET THE RECORD REFLECT THAT WE'VE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MR. ALLAN PARK IS ON THE WITNESS STAND UNDERGOING DIRECT EXAMINATION BY MRS. CLARK. GOOD AFTERNOON AGAIN, MR. PARK.

# 3 ALLAN PARK:

GOOD AFTERNOON.

# 4 THE COURT:

YOU ARE REMINDED, SIR, YOU ARE STILL UNDER OATH. AND, MISS CLARK, YOU MAY CONTINUE WITH YOUR DIRECT EXAMINATION.

# 5 MS. CLARK:

THANK YOU, YOUR HONOR. GOOD AFTERNOON.

# 6 Q:

BY MS. CLARK: SIR, YOU INDICATED THAT YOU AND MR. SIMPSON THEN WALKED OVER TO THE SKYCAP. DO YOU RECALL TESTIFYING TO THAT?

# 7 A:

YES, SIR. YES, MA'AM.

# 8 Q:

AND AT THAT --

# 9 A:

SORRY ABOUT THAT. Q: I'M USED TO IT. AND AT THAT TIME, WAS -- WHAT WAS HE CARRYING AS YOU WALKED OVER TO THE SKYCAP?

# 10 MR. COCHRAN:

YOUR HONOR, THIS HAS BEEN ASKED AND ANSWERED BEFORE THE BREAK.

# 11 THE COURT:

OVERRULED.

# 12 ALLAN PARK:

UH, HE WAS CARRYING THE TWO BLACK DUFFLE BAGS.

# 13 Q:

BY MS. CLARK: AND DID HE CARRY THEM ALL THE WAY OVER TO THE SKYCAP, SIR?

# 14 A:

FROM WHAT I REMEMBER, YES.

# 15 Q:

DID YOU EVER SEE THAT SMALL DARK BAG AFTER THE DEFENDANT PICKED IT UP OFF THE DRIVEWAY AT ROCKINGHAM AGAIN?

# 16 A:

UH, NOT THAT I REMEMBER.

KEY QUOTE

# 17 Q:

AND WHEN YOU LEFT THE DEFENDANT, HE WAS AT THE SKYCAP'S STATION?

# 18 A:

YES.

# 19 Q:

AT ANY TIME DURING THAT NIGHT, SIR, DID HE COMPLAIN TO YOU OF PAIN IN HIS ARMS OR HIS SHOULDERS OR HIS BACK?

# 20 A:

NO, HE DIDN'T.

# 21 Q:

OR HIS LEGS OR HIS FEET?

# 22 A:

NO.

# 23 Q:

AND DID HE -- HE TOLD YOU TO ADD 20 PERCENT TO THE BILL?

# 24 A:

YES.

# 25 MR. COCHRAN:

ASKED AND ANSWERED.

# 26 THE COURT:

OVERRULED.

# 27 Q:

BY MS. CLARK: DID YOU EVER GET THAT TIP?

# 28 A:

UH, ACTUALLY, I DON'T REMEMBER.

# 29 Q:

OKAY. DID YOU SEE WHAT THE DEFENDANT CARRIED ON THE PLANE VERSUS WHAT HE CHECKED IN WITH THE SKYCAP?

# 30 MR. COCHRAN:

YOUR HONOR, THAT WAS ASKED AND ANSWERED.

# 31 THE COURT:

SUSTAINED.

# 32 MS. CLARK:

I FORGOT.

# 33 Q:

BY MS. CLARK: AT THE POINT THAT YOU LEFT THEN, WAS THE DEFENDANT STILL WITH THE SKYCAP, SIR?

# 34 A:

YES.

# 35 Q:

THEN YOU WENT BACK TO YOUR CAR?

# 36 A:

YES.

# 37 Q:

HOW FAR FROM THE SKYCAP STATION DID YOU PARK?

# 38 A:

40 FEET, 50 FEET, SOMEWHERE AROUND THERE. WASN'T FAR.

# 39 Q:

AND DID YOU SEE THE DEFENDANT TIP THE SKYCAP?

# 40 A:

DID I -- I SAW HIM PULLING SOME MONEY OUT OF HIS POCKET. I NEVER SEE HIM ACTUALLY TIP THE SKYCAP, NO.

# 41 Q:

YOU INDICATED THAT DURING THE DRIVE TO THE AIRPORT, SIR, THE DEFENDANT ASKED -- REMARKED TO YOU AS HE WAS SEATED IN THE BACK OF THE LIMO AS YOU WERE DRIVING THAT HE FORGOT SOMETHING. DO YOU RECALL TESTIFYING TO THAT?

# 42 MR. COCHRAN:

I'M GOING TO OBJECT, YOUR HONOR. MISSTATES THE EVIDENCE.

# 43 THE COURT:

SUSTAINED.

# 44 Q:

BY MS. CLARK: WHAT -- DID THE DEFENDANT SAY SOMETHING ABOUT HAVING FORGOTTEN SOMETHING TO YOU?

# 45 A:

HE JUST SAID I'M, YOU KNOW -- UH, HE SAID, "I KNOW I FORGOT SOMETHING."

KEY QUOTE

# 46 Q:

DID HE EVER TELL YOU WHAT?

# 47 A:

NO.

# 48 MS. CLARK:

I HAVE NOTHING FURTHER.

Temperature

procedural

Key Quotes (4)

Allan Park

HE JUST SAID I'M, YOU KNOW -- UH, HE SAID, 'I KNOW I FORGOT SOMETHING.'

Ambiguous and unexplained — Simpson never said what he forgot, leaving the jury to speculate. Prosecution likely uses this to suggest consciousness of guilt or that Simpson left something behind intentionally.

Allan Park

UH, NOT THAT I REMEMBER.

Park cannot account for the small dark bag after Simpson picked it up at Rockingham — its disappearance is a key prosecution thread about a possible murder weapon bag.

Allan Park

NO, HE DIDN'T.

Simpson made no complaint of pain during the drive — undercuts any defense suggestion Simpson was physically incapacitated or injured, which would be inconsistent with the violence of the murders.

Marcia Clark

I FORGOT.

Clark's candid admission after a sustained objection that she had already asked whether Simpson carried anything on the plane — a rare moment of self-deprecating honesty in court.

Evidence (2)

Informal

Two black duffle bags carried by Simpson to the skycap

discussed

Informal

Small dark bag Simpson picked up off the driveway at Rockingham

discussed — Park cannot account for it after that point

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran•Lance A. Ito

Cochran objected four times in rapid succession to Clark's questions — twice for asked-and-answered, once sustained on the same grounds, and once sustained for mischaracterizing testimony about the 'forgot something' remark. Clark's pace was sloppy, looping back over covered ground.

procedural friction

Light Moments (2)

Allan Park / Marcia Clark

Park accidentally addresses Clark as 'sir,' then immediately self-corrects to 'ma'am.' Clark responds: 'I'M USED TO IT.'

Marcia Clark

After Cochran's objection about a repeated question is sustained, Clark simply says 'I FORGOT.' — drawing an implicit laugh from the courtroom.

Objections

4 objections (2 sustained, 2 overruled)

Proceeding 5442 • 48 utterances • Prosecution witness

Criminal Trial

Department 103