All right. I think I'm bound by the ruling of the court of appeal on that issue, so I will decline the request. All right. One last thing that we need to do. Mr. Cochran, I indicated to you previously that I wanted to make certain--my understanding is that the Defense is going to rest today, as is the Prosecution, in front of the jury, and that your client--you have discussed with your client his right to testify as a witness and it is your choice and his agreement that the Defense rests at this time without presenting his testimony?
In this regard, just two quick things if the court pleases. We do--at the time we rest we will move the court for a motion of acquittal on behalf of Mr. Simpson and submit that, if the court pleases. And Mr. Simpson would like to make a brief statement with regard to the reported--Mr. Simpson would like to make a brief statement regarding the waiver, if the court pleases.
Yes. With regard to the last thing, we would at the appropriate time move the balance of our exhibits into evidence whenever you deem that is appropriate. Mr. Douglas has some--some numbers for redacted videos and various things.
Your Honor, the People would object to the Defendant making any statement in court other than a waiver. That is the only appropriate statement that he should be making on the record at this time.
Your Honor, you know, we are all aware of the realities of life in this case and the problem with conjugal visits and the problem with telephone calls that are only monitored on one side. And this is a very obvious attempt by the Defense to again get material admitted through those conjugal visits and telephone calls that has not been admitted in court. I urge the court strenuously to exercise control here, take the waiver and do not permit basically allocution, that is, testimony without any cross-examination. It is inappropriate and it is done very deliberately by the Defense for a clear purpose. Please don't do this, your Honor. I beg you. I beg you. Take the waiver and let the Defendant admit that he will not testify and waive his right, but nothing further should be said on the record in open court. May I have a moment, please?
Mr. Kelberg points out, absolutely correct, that all the court need do at this time is advise Mr. Simpson of his right to testify, that it is his personal right to Tuesday and to invoke, that he may testify over the objections of his lawyers, if he so chooses, and that if he declines to do so, then he has waived that right. And that is all the court need do.
There seems to be this great fear of the truth about anybody speaking in this case. This is still America and we can talk, we can speak. Nobody can stop us. The court asked me about Mr. Simpson and I respectfully indicated to him that he wanted to just briefly address the court. It is interesting at this length of time--and I don't want to sink at this point, I want to get the case over--we won't start the argument until Tuesday. But he has a right to speak with regard to the waiver and they can't stop him from speaking and that is what it boils down to, your Honor.
KEY QUOTEIt also boils down to the court can control the orderly process. And all I am interested in at this point, now that I have been told that the Defense intends on resting and not presenting any further witness or any further evidence other than their proffer that Mr. Simpson understands his right to testify as a witness, that after discussing that with his lawyers he is making an intelligent decision not to testify.
The court asked me about that and I indicated to the court that Mr. Simpson would like to respond to the court.
Good morning, your Honor. As much as I would like to address some of the misrepresentations made by myself and my--and Nicole concerning our life together, I am mindful of the mood and the stamina of this jury. I have confidence, a lot more it seems than Miss Clark has, of their integrity, and that they will find, as the record stands now, that I did not, could not and would not have committed this crime. I have four kids; two kids I haven't seen in a year. They ask me every week, "dad, how much longer?" I want this trial over. Thank you.
Thank you very much, sir. All right. Mr. Douglas, do you have a motion to move the Defense exhibits subject to redaction of various videotapes?
I do, your Honor. If the court pleases, good morning. We have a redacted version of exhibit 1104, which I would like to label as 1104-A.
No comment on that, your Honor. We have an exhibit. I would like to substitute 527-A for 527 and I will give it to Mrs. Robertson.
I would like to mark the Thano Peratis tape as 615-A as the tape shown at the 402 hearing.
May I also ask, your Honor, for the court to inquire of Mr. Simpson, perhaps he would allow me then the opportunity, since he would like to make these statements to the court, I would like the opportunity to examine him about them. May he take a seat in the blue chair and we will have a discussion?
KEY QUOTEYour Honor, there is one other matter just for the record. The court had requested that I inquire on the People's position regarding staples and I had made the inquiry. It is my understanding that staples will not be a matter of consideration in argument, unless it is raised by the Defense in their argument, and as a result we feel that that will resolve the issue.
All right. One other thing. I am going to make inquiry of the jury when we have them out here. I'm going to ask them to contemplate the proposal to extend the argument, the court hours, for the purposes of concluding argument. And I indicated to you that I will make inquiry to change my plans for Friday, September the 29th to see if we can have a full court day on that date.
No. We've had our informal discussion. I need to see what my schedule looks like. I want to see what the jurors are willing to do.
I did not, could not and would not have committed this crime. I have four kids; two kids I haven't seen in a year. They ask me every week, 'dad, how much longer?' I want this trial over.
I beg you. I beg you. Take the waiver and let the Defendant admit that he will not testify and waive his right, but nothing further should be said on the record in open court.
There seems to be this great fear of the truth about anybody speaking in this case. This is still America and we can talk, we can speak. Nobody can stop us.
May I also ask, your Honor, for the court to inquire of Mr. Simpson, perhaps he would allow me then the opportunity, since he would like to make these statements to the court, I would like the opportunity to examine him about them.