All right. Thank you, ladies and gentlemen. Let the record reflect we've been rejoined by all of the members of our jury panel. We found the report. Mr. Neufeld.
Sorry about that. Mr. Oppler, you said you've been with the District Attorney's office as an investigator for about seven years?
And this investigation you went out on on July 27th of 1995, that was at the request of Deputy District Attorney Hank Goldberg?
When were you first notified that you were going to be going to Mr. Peratis' on July 27th?
All right. So you knew when you went out to Mr. Peratis' house this past July 27th that Mr. Peratis had given sworn testimony to a grand jury in this case; is that correct?
Okay. And you knew when you went out on July 27th that Mr. Peratis had also given sworn testimony as a witness called by the Prosecutor Marcia Clark at a preliminary hearing on July 7th of 1994. Did you know that too?
Okay. And you were told when you went out on July 27th to Mr. Peratis' home of this year, 1995, that the purpose of this taping was to obtain statements which would impeach or contradict the sworn testimony that Mr. Peratis gave approximately one year ago. You knew that too, didn't you?
KEY QUOTEI don't know so much in those terms. Umm, what I was informed of was that he had conducted a demonstration to himself.
Sir, I'm asking whether or not you were told when you went out there on July 27th that the purpose of this taped interview was to secure a statement from Mr. Peratis which would be used to impeach his own sworn testimony that he gave on July 7th of 1994 and June 22nd of 1994.
Now, did you know when you went out there on July 27th of 1994 that this taping was being conducted because a determination had been made that Mr. Peratis was unavailable to come into court and be sworn in as a witness because of his poor health?
And you knew when you went out there on July 27th to conduct this taped examination or interview I should say of Mr. Peratis that he wasn't going to be sworn in before he gave the statement to you; isn't that correct?
Okay. And you knew that because this interview was going to be conducted at Mr. Peratis' home, he was never going to be subjected to cross-examination as he had been at the preliminary hearing when he was called by Marcia Clark.
Well, Mr. Oppler, did you make any effort on July 27th before you went out to Mr. Peratis' home to notify the Defense so they could have a lawyer present for this interview?
Did you, sir, make any effort on July 27th to notify the Defense so at least the Defense investigator could be present?
And, finally, sir, did you make any effort on July 27th to ensure that some independent person who was neither associated with the Prosecution nor the Defense could be present for this taped examination at Mr. Peratis' home?
Originally we went into the room adjacent to the entry, which I think was the living room, and we ended up upstairs in a room that was more like a den.
Now, according to the tape, the tape itself shows I believe one time, but you hear a voice-over on the tape saying it's a different time; is that correct?
That's correct. I was--when I initially put the heading on the tape, I stated 3:48 when in fact my watch was 3:38. The photographer said the tape on the video was 3:36. I checked my watch. It was 3:38, not 48. I was in error when I first said that. And on my backup audiocassette, which I was making, I believe I corrected that at the end of it.
So if you arrived between 3:15 and 3:20 and the tape began at approximately 3:38, that would mean that there was about 20 minutes while you were there at Mr. Peratis' home before you started rolling the tape; isn't that correct?
When I say 3:15, 3:20, because we have a radio, because that's when I called into the office. Then we walked to the house. We got there a minute or so later. And then--and at that point, we were downstairs, then went upstairs.
So, Mr. Oppler, am I correct in saying that it's approximately 15 minutes that you were there at Mr. Peratis' house before the tape began rolling?
And it's your testimony that during that 15 minutes, other than saying, "Let's move upstairs where we'll be more comfortable," there was absolutely no discussion between District Attorney hang Goldberg and Mr. Peratis?
Now, during those 15 minutes before the tape started rolling, did Mr. Goldberg assure Mr. Peratis that he could say whatever he wanted to say because he wouldn't be sworn?
During the 15 minutes--by the way, we notice that Mr. Peratis was holding a syringe at one point on the tape and holding a vacutainer. Did you and Mr. Goldberg bring that equipment with you to his house?
Now, sir, you said that--that on direct examination, that he was not rehearsed while you were there on July 27th; is that correct?
But during the course of this interview at Mr. Peratis' house, didn't Mr. Goldberg refer to other conversations and discussions that he had had with Mr. Peratis?
I don't recall. I'd have to see that tape again, that part of it where it said that. I don't recall every piece of that tape, if he had that discussion.
To the best of your recollection, Mr. Goldberg never said during the course of the tape or bring up the fact that he had had any prior discussion with Mr. Peratis before just showing up on July 27th out of the blue?
And you learned, sir, during the course of this examination or your participation in this outing on July 27th that Mr. Peratis had been an employee of the Los Angeles Police Department for some 30 or 40 years; did you not?
And, sir, you also learned during this outing on July 27th that the first time Mr. Peratis ever believed that his testimony, his sworn testimony was false was after this trial actually began. Did you learn that on July 27th?
And did you learn on July 27th--one moment--that it was only after he learned that it was the Defense theory through opening statements--
Calling for a conclusion on the part of this witness as to somebody else. Sustained.
During this interview with Mr. Peratis at his home, did he show you the syringe or an exact replica of the syringe that was actually used to draw blood out of Mr. Simpson's on July 13th, 1994?
He showed us a syringe that said it was like the one that he used. I don't know if the exact replica was it, but--
And the syringe that he showed you that he said was like the one that he used, didn't it have calibrations on the syringe itself with numbers so that anyone who looked at the syringe and saw liquid in it would know how much was there?
And when we say "Calibrations," it had numbers indicating whether it was 1 cc, 2 cc's, 6 cc's or 8 cc's, didn't it?
I didn't see it up close, whether it said cc's or milliliters or what was the exact marking, but it was calibrated.
And it was calibrated with lines next to the numbers so you could see where the liquid was at a certain point, couldn't you?
And it was at that point that Mr. Peratis during this interview told you and the Deputy District Attorney Hank Goldberg--
There was a time when we looked at the videotape where the image was giggling a little bit. Have you seen a version of that tape where the image doesn't giggle at all?
And I notice that when Mr. Peratis is giving an explanation of what he did when he looked at the syringe when trying to explain his preliminary hearing testimony in which he--
Do you remember the portion on the tape where Mr. Goldberg brings out the fact that Mr. Peratis had testified under oath that the amount in the syringe could--"The amount drawn could have been 7.9 or it could have been 8.1. I just looked at the syringe and it looked at about 8 cc's," unquote? Do you remember when Mr. Goldberg brought that point up to Mr. Peratis?
And do you remember when Mr. Peratis showed you the syringe with the calibrations, the numbers and lines on it, to indicate how much liquid would be in a syringe? Do you recall that?
And do you recall that on this tape, he says--or I'm sorry--he then turns the syringe over so you can't see the numbers and calibrations, you only see a portion of the syringe that has no numbers on it? Do you recall that?
Sir, is it your testimony that neither you--I'm sorry--that Deputy District Attorney Mr. Goldberg had no discussion at all with Mr. Peratis about how he held the syringe 12 months ago on June 13th before he uttered that description during that videotape session last month?
Are you speaking before we filmed the tape or--I'm not sure I understand the question.
Before you filmed the tape that day on that day. That's the time frame I'm talking about.
Sure. Prior to Mr. Peratis turning that syringe over so he said that the numbers and calibrations couldn't be seen when he withdrew the syringe, what I'm asking is, did that subject come up at any time at all in the discussion between Deputy District Attorney Hank Goldberg and Mr. Peratis before he gave that statement on the videotape that day?
There was no demonstration by Mr. Peratis off camera before the taping started of how he may have held the syringe?
Was there any mention in your presence of a concern that he had testified under oath that, "I just looked at the syringe and it looked at about 8 cc's"? Was there any discussion at all that that would be a problem for the Prosecution?
Sir, at any point at all during that day, was there any substantive discussion held about this case when the tape was not running?
So it's your testimony that the tape ran continuously and there was no time where the tape was turned off and a discussion about the substantive facts of this case occurred?
No. The only downtime when we got there was when the photographer was setting up her equipment.
Mr. Oppler, isn't it a fact that according to the clock on the tape, on the original tape that you provided to the Defense in this case, that the tape stops at 3:59 P.M. and resumes at 4:13 P.M. with approximately 14 minutes of downtime in-between? Isn't that correct, sir?
Isn't it a fact that when you went to Mr. Peratis' home to make this tape and to interview Mr. Peratis, that the tape was turned off at 3:59 and resumed at 4:13, some 14 minutes later?
KEY QUOTEI don't recall that specifically. I think that there might have been a time that the photographer was checking and making sure that it was recording correctly.
Well, sir, you testified that the time that the tape began was approximately 3:36; is that right?
Well, if the tape was turned off at 3:59, that would be 23 minutes after the tape started; is that correct, sir?
And if the tape was turned off at 3:59 and resumed at 4:13, some 14 minutes later, that certainly wouldn't be for the purpose of making sure the tape was working, would it, sir?
Probably not. I--I do recall her doing that. It may have been at the end just to make sure that it tape-recorded before we left. So at that time, you know, possibly that wasn't the reason.
Sir, other than the fact that the tape was working, is it your testimony that there was no substantive--that there was no break in this tape of some 14 minutes before you resumed this witness describing his position regarding his handling of the evidence in this case? Is that your testimony?
I don't recall the reason that the tape stopped. Other than being on tape, there was nothing substantive spoken about.
KEY QUOTESir, are you saying--are you changing your testimony when you said a moment ago--
Sir, while he's cueing that up, let me ask you one other question. Was there ever a time during this interview on tape when Mr. Peratis instead of actually speaking, mouthed words, "I don't remember"?
Well, if it had been him mouthing words, "I don't remember," but not saying that, would that be in response to his inability to remember that portion of the script that was given to him?
Well, sir, if in fact he mouthed the words, "I don't remember," are you sure that that would not be in response to something he had been--to something that had been discussed with him before the tape ran?
KEY QUOTEAre you as positive about the fact that you didn't discuss the substance of his testimony before the--I'm sorry--the substance of his unsworn interview before the tape began running as you are that there was no 14-minute break in the tape in which after that break ended, you resumed the substantive discussion of the facts of this case?
We're going to take our recess at this point. All right. Ladies and gentlemen, we're going to take our mid-afternoon recess. Remember all my admonitions to you. Mr. Oppler, you may step down. You are ordered to come back in 15 minutes. All right. 15. Miss Clark, take a look at the video.
Isn't it a fact that when you went to Mr. Peratis' home to make this tape and to interview Mr. Peratis, that the tape was turned off at 3:59 and resumed at 4:13, some 14 minutes later?
I don't recall the reason that the tape stopped. Other than being on tape, there was nothing substantive spoken about.
Well, sir, if in fact he mouthed the words, 'I don't remember,' are you sure that that would not be in response to something he had been — to something that had been discussed with him before the tape ran?
Not in my presence.
You were told when you went out on July 27th to Mr. Peratis' home of this year, 1995, that the purpose of this taping was to obtain statements which would impeach or contradict the sworn testimony that Mr. Peratis gave approximately one year ago.