I'm going to ask Mr. Fairtlough to hold off. I wasn't watching his arrow. I want to be as precise as I can about where Mr. Park said he first saw this man. Go ahead and use this arrow. You could turn it around. All right. I believe--now, let me say this, because I know I'm going to forget if I don't say it now. If you have any questions about what was said, either by either myself or the Defense, as to what is accurate, you can ask to have it read back. Court reporters hate me for mentioning that, but in a trial of this length you are probably going to have something read back. If your memory conflicts, if your notes conflict with what we are saying, you have got to have that resolved. If you need to have the record read back to have that resolved, then do it. If you think that something I have said has been a misstatement, believe, me I am not trying to, I am trying to be very, very accurate here. Everybody makes mistakes. In case I make a mistake, everybody makes a mistake, have the record read back. I believe the testimony indicated that he saw this person in approximately where the arrow is and he saw him walk up the driveway and into the entrance. Now, he hung up within thirty seconds of seeing that, which means that according to the cell phone bill--I will do it--according to the cell phone bill, the call ended at 10:55 and twelve seconds. Approximately thirty seconds before that is when he saw the man walk into the house and immediately--immediately as soon as the man walked into the house the lights started to go on and they went on down. Now, Allan waited in his car thinking that someone would let him in, but no one did. Now, if you recall, Kato said that he went out--had gone out to the side yard to investigate the thumping noises and when he saw the limo driver he figured that the limo driver was already taken care of and that--the Defendant would buzz him in, so he didn't worry about it. He kept on about his business and he went down to that south pathway, if you recall, to start looking to see what was going on back there. So Allan got out of his car and buzzed again and this was now within a minute of seeing the man walk into the house, the lights go on. Within a minute of that Allan buzzed again. This is the fourth time. This time he got an answer immediately and the answer that was given to him was by the Defendant. The Defendant answered and told him he had overslept and he had just gotten out of the shower and he would be down in a minute. Now, Allan told you that the man who he saw entered the house appeared to be the same size as the Defendant and about the same height and weight. He would not stretch even one iota to draw the obvious conclusion that the man he saw walking up the driveway was the Defendant. Of course it was. There was no one else there that night. It was the Defendant. Who else could walk in the door, immediately turn on the lights and then answer the intercom? I mean, this is an easy reasonable inference to draw. Easy. But what is significant here is that he lied. Why did the Defendant lie? Why when he was just out in the driveway walking into the house dressed in all dark clothing, why when he answered the intercom for Allan Park, did he lie and say I have overslept, just getting out of the shower? We know it is not true. We know it is not true. Why was it important for him to make Allan Park believe that he had been at home? And I think we all know the answer to that question. Because he hadn't been at home. Because he had just come back from Nicole's. Now, let go back to Kato for a moment. Let's--concerning those thumps and when they happened. Kato said that he hung up from his call with Rachel pretty quickly after he heard the thumping. He estimated for you two to three minutes. Now, with Allan's cell phone call bill we can be very, very precise when that was. He indicated that he went out to investigate the noises, hung up with Rachel, went out to investigate two to three minutes after he heard the thumping. Allan told you he saw Kato and the Defendant at--I'm saying he is the Defendant. He said the man that looked like the Defendant. You understand I'm talking about what we know based on all of the evidence, that it was him. 10:54 he saw Kato approximately, because it was at the same time he saw the Defendant. And he hung up thirty seconds after seeing him walk in the house and after seeing Kato on the side yard, so at 10:54 Kato was out in the side yard. Hearing the thumping noises two to three minutes before, that means that he heard the thumping on his wall at 10:51 to 10:52. So what we have, about two minutes after the thumping, the Defendant was walking up--was walking into his house from the driveway and Kato out in the side yard. In other words, we have the thumping, and Kato walking out and the Defendant walking around at the same time and the thumping happened very shortly, what is it, within half an hour of the murders. And the Defense would have you believe, ladies and gentlemen, that the Defendant's appearance on the driveway just two minutes after the thumping on Kato's wall is a coincidence and the Defense would have you believe that the thumping and the appearance of that glove, the Defendant's glove, were unrelated events. And the thumps themselves, just think about that. Regardless of where or how they happened, just the fact that they happened shortly after the murders at the Defendant's house and just before the Defendant walked up his driveway in dark clothing, like the dark blue or black sweat outfit that Kato described, you just put those facts together and you realize what has happened.
The Defendant came back from Bundy in a hurry. Ron Goldman upset his plans and things took a little longer than anticipated. He ran back behind the house, that dark narrow south pathway--you all saw it. You were there in daytime. But imagine how dark it is at night--that dark, narrow south pathway thinking he could get rid of the glove, the knife, in that dirt area in the back. You recall back behind the guest houses there is a dirt area, just all dirt, not very well tended, but he was in a hurry. He was moving quickly down a dark narrow pathway overhung with trees, strewn with leaves, and in his haste he ran right into that air conditioner that was hanging over that south pathway and running into that air conditioner caused him to fall against the wall, making the wall of Kato's room shake. You recall that air conditioner. It was hanging low. You had to stoop to get down under it. And if you are in a hurry and you are not looking where you are going in that dark, narrow pathway, you can see how it can easily happen how someone in a hurry can do that. And it was just as simple as that. Simple common sense tells you that the thumping, the glove and the Defendant's appearance on the driveway almost immediately thereafter are all part of one set of events, all connected in time and space. You don't need science to tell you that; you just need reason and logic.
All right. Ladies and gentlemen, we are going to take our recess for the morning session at this time. Please remember all my admonitions to you. Do not discuss the case amongst yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been actually submitted to you, do not allow anybody to communicate with you with regard to the case. We will stand in recess until 1:30. All right.
All right. Back on the record in the Simpson matter. All parties are again present. All right. Deputy Trower, let's have the jurors, please.
All right. Let the record reflect we've been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.
THE JURY: Good afternoon.
All right. When we left off, I was talking about the occurrence of the thumping, the gloves dropping on the south pathway and the Defendant's appearance on the driveway within a couple of minutes of each other. Now, while Allan Park was speaking to the Defendant on the intercom at that time, Kato who realized that--who wasn't worried about Allan being left outside, went over to the south pathway and looked down the gate. Can we get section 6-D back? I'm going to put up that diagram again so you can orient yourself because it's hard talking about this in the abstract. Okay. Can we back out just a little bit more? A little bit more. There we go. And the south pathway if you'll recall is at the bottom most edge below where the area marked "Garage" is you might recall. And he said that he went over to that area, looked down there, went through the first gate, went as far as the second gate, but that flashlight was very dim and he was worried and he was scared and he didn't want to go any farther. So he looked down there, but it was dark and he didn't want to go any farther. He said that he could not see the portion of the pathway that was right outside the wall of his room where he had heard the thumping. It was too dark, and he came back out without going actually any farther on the pathway. When he came back out, he realized that Allan Park was still waiting outside the gate. Now, this is after Allan had spoken to the Defendant on the intercom. And when he realized that the Defendant had not yet buzzed Allan in, he went and he let him in.
Now, let me ask you this. Why didn't the Defendant let Allan Park drive into the driveway? Why leave him sitting out there at the gate? Why make him wait outside? Because the Defendant was frazzled, ladies and gentlemen, he was hurried and he needed to buy some time, time to wash himself up, wash off the blood, change the clothes and to compose himself to appear normal, to appear calm, business as usual. So he bought himself that time and he did not let Allan in. And when he came down--when the Defendant came downstairs, he had changed clothes, no longer the dark clothing that Kato described him in earlier that evening. He was wearing stone-washed denim jeans, denim shirt and carrying a garment bag. You remember that Luis Vuitton garment bag that's here in evidence. Allan estimated that the Defendant came downstairs dressed like that carrying the garment bag about five or six minutes after he had spoken to him on the intercom. I think Allan Park's words were "A good five minutes." It could have been longer. This was an estimate by him. But before the Defendant actually came down, Kato went to let Allan Park in the gate. He let him in and he immediately told Allan about the thumping noises he had heard. He asked him, "Did you feel an earthquake," the same thing he asked Rachel Ferrera if you recall. She told him she hadn't. Allan said the same thing, "I didn't feel an earthquake." Now, Kato was clearly upset, clearly distracted and upset by that thumping noise he had heard. In fact, as you recall, he went to check that south pathway twice, once before he let Allan in and then the second time after he let Allan in because he had the conversation with Allan Park, asked him about the earthquake, if he had felt it, told him about the thumping noises. I think he said he told him he thought or he was thinking anyway that it might have been a prowler, and after he let Allan in, he felt safer, and he went back to check the south pathway again with--again with that dim flashlight and didn't get any farther than he did the last time and still wasn't able to see as far as the area of where his room was and it was still very dark back there and he gave up. But so Kato was concerned enough to check that south pathway twice, talked to his girlfriend Rachel about it, saying, "Call the police if you don't hear from me." He talked to Allan Park about it and he talked to the Defendant about it.
The Defendant came downstairs and he started talking to him. "Did you hear that--did you feel an earthquake? I'm really worried. I thought I heard this thumping on my wall. I'm really concerned about this." He's really worried about it. And what does the Defendant do? The Defendant never went out to the south pathway to check what might have gone on back there, to check for the sound of the source of the thumping. The Defendant never called Westec Security nor did he ever tell Kato to call Westec security. The Defendant never called the police nor did he tell Kato to call the police. In fact, he left without even setting the alarm and had to call Kato from the airport to tell him to set the alarm, something he had never done before. Now, having heard about the thumping noises from Kato, hearing Kato's concern about it, how Kato was trying to figure out why that happened or what was the source of it and being very worried about it, knowing that he was going out of town, his daughter Arnelle staying on the property and would be there alone with Kato, he did nothing to check on the source of the thumping. He did none of the things you'd expect someone to do under those circumstances, that is someone who didn't already know what caused the thumping. But you see, he did. He knew. So, of course, he was unconcerned. He knew it was no prowler. Certainly he knew it's no earthquake because he knew the thumps were caused by him bumping into the wall, and so he didn't have to be worried that Arnelle was going to be in danger or even Kato in danger or his home in danger because it was not a question for him. It was something he knew about and he acted like someone who already knew what the source of those sounds were; unconcerned. Now, back to loading up the car. Allan and Kato described how they loaded up all the bags, all except one. You may recall that there was testimony about a small dark bag that was on the edge of the driveway by the Bentley. And Kato, as they were loading up the bags, offered to go and get that bag for him. "I'll go get that for you." The Defendant said, "No, no, no, no, no. I'll get it." And the testimony was that all of the bags were loaded by either Kato or Allan Park except for that one. And after the Defendant walked towards it, after saying, "No, I'll get it," after he walked towards it, no one ever saw that little black, dark bag again. Nor have we ever found the knife the Defendant used nor have we ever found the clothes that he wore during the murder nor have we ever found the shoes that he wore during the murder. And it's so typical. It's so common. They get rid of the murder weapon, they think that's it, can't get me, home free. But you see, as you've seen, it's not that easy. Evidence was left behind. So we don't need the murder weapon because we have much, much more proof than that. Now, while they were loading the bags, Allan, as I told you before, saw the Defendant go out to the Rockingham gate where he saw--where we saw that the Bronco was parked. Now, I referred to this earlier, that the Defendant told Dr. Baden that he had cut his hand while getting the cell phone out of the Bronco. I'm going to show you why that does not explain all of his blood in that car and I'm going to show you that he did not receive that cut on his finger from the cell phone. Now, the Defendant stood in the foyer talking to Kato for a few moments. Could we get a photograph of that? And that's when he dripped blood. You see the little marker in that photograph? But after he came downstairs, the testimony was he never went upstairs. Kato stood with him. Kato was talking to him. Kato went inside the foyer with him, went towards the kitchen at one point looking for a flashlight, you may recall, because Kato was asking the Defendant for a better flashlight to go look down that south pathway. Kato was standing by him, but the Defendant was moving around the cars getting things loaded up, but no one ever testified that he went back upstairs. And I think that it was Kato's testimony--I think Kato only testified to going into the house with the Defendant once, and that was to get the flashlight. And they had also a conversation at that time about setting the alarm when Kato said, "I don't want to set the alarm. I don't want the responsibility. I don't know the code," and the Defendant said at that time, "Okay, I'll set it." And then he forgot and called him from the airport. Now, Allan Park indicated I think that he saw the Defendant go in and out of the house a couple of times, but he never brought any more bags out. He only brought one bag out with him, and that was the garment bag as he came downstairs the first time. That was the only time he saw him bring a bag out. But Allan Park was busy loading the limo and he was not watching the Defendant carefully. Kato was hanging by the Defendant. Kato was asking him, talking to him about the thumping and he was trying to get his attention about something that he was very concerned about because he was going to be left on that property alone with whatever caused that thumping noise. Kato didn't know. So he was talking to the Defendant. He was asking for the flashlight and he talking to him about setting the alarm. And so Kato was the one who was more carefully tracking where the Defendant was going and Kato talked to them--talked to him about what I told you, the flashlight and the alarm. Now, the Defendant left. And when he left, as you know, he didn't set the alarm. While he was in the limousine, he asked the limousine driver to turn on the air conditioning. He complained repeatedly of being very hot. He rolled the windows down, "Boy, it's hot. Boy, it's hot." You have the weather report and it will indicate to you it was a cool night. The Defendant was--kept complaining about being hot, "Man, I'm hot. Roll down the windows, turn on the air conditioning." I asked Allan Park, "Were you hot that night?" "No." I asked Kato, "Were you hot that night?" "No." It was a cool night. Now, I said I'd show you that the Defendant did not get that big cut on his middle finger from that cell phone when he went to get it from the Bronco. Let me show you something. You recall the testimony that blood was collected from the bathroom upstairs that's just off the Defendant's bedroom, and the blood is found very--it's found basically in-between the sink and the shower in the Defendant's bathroom. The Defendant was bleeding in his bathroom when he was cleaning and changing his clothes obviously. That was before he went down to the limo, ladies and gentlemen, before he ever went to the Bronco. He already had that cut by the time he got downstairs. He got it long before he went out to that Bronco to get that cell phone. So since we know he was bleeding upstairs in his own bathroom and before he went down to the limo, how come there weren't any bloodstains on the staircase? Obviously, he didn't fly. And just as obviously, he also bled downstairs. I show you that foyer picture. You've seen that quite a number of times, with the blood spots on the floor. So he left blood downstairs as well. There are two possible reasons we didn't see photographs of blood spots on the staircase. No. 1, they were there and they were missed. It seems doubtful because it's a light carpet, light colored carpet. Blood should show. It's possible. Or, two, the cut temporarily stopped bleeding.
As you may remember, Dr. Huizenga testified that a cut will bleed, clot up, rebleed, and I'm sure that wasn't news to you. I mean, that's life experience. It's common to all of us. You cut yourself, bleed for a while and then maybe your hand will be still and then you'll rebleed if you exercise it or you rub it against something, you irritate it somehow. But in any case, by the time the Defendant got downstairs with the garment bag and started loading up the limo, the cut was temporarily sealed. Now, here's the interesting thing about the blood trail on his driveway and the blood in the foyer. When you take into account the blood in the bathroom, doesn't it make sense that he actually reopened the cut while he was moving around getting ready to go? You know, you have the blood in the bathroom before he gets down to the limo. So he was already bleeding. You know that you don't have blood spots in-between the bathroom and the foyer. So at some point, the bleeding stopped before he left his bedroom. But you do know that you have more blood downstairs. You have blood leading out to the Bronco.
Now, Allan Park told you that he saw the Defendant go out towards the Rockingham gate as they were preparing to leave and you know the Defendant told Dr. Baden that he went out to the Bronco to get his cell phone from the car. Now, although we don't know for a fact based on photographs that he certainly did not receive that cut on some razor sharp cell phone, it certainly does make sense that when he went out to get the phone, he opened the door to the Bronco and his knuckle grazed the well of the door handle, reopening the cut. May I have the Bronco door? You see where that--where the spot is that Dennis Fung is holding up, the number 1, you see that little speck there? Picture yourself at the door--at the car, okay, and you're up to the driver's door. What hand do you use to open the door? Your left, especially one like that where you have to push the button in to open the door, using his left hand in which case, this middle knuckle is going to graze that door, in which case a cut that has just temporarily sealed seconds or maybe minutes earlier is going to get irritated and rebleed. Now, this is just common sense. But when you open the car door, obviously you need to use the handle. When you close a car door, you don't. How do you close a car door? Slam. Very simple.
So by the time he opened the door, before he reached in and got the cell phone, that cut was bleeding again. You have him bleeding before he comes down to the limo up in his bathroom, you have him going down to the Bronco and opening the door. But either way you look at it, he's already bleeding before he gets the cell phone. And that's shown to you by photographs. Now, consider this possibility. He opened the car door, grazing his knuckle on that door, reopening the cut. And after getting the cell phone out, walks back up the driveway dripping blood, walks into the foyer, talks to Kato about getting a flashlight that's better or stronger than the one he's got, talks to him about setting the alarm, and while he's talking to him, he's standing in the foyer. Can I have that photograph? All right. He's standing in that foyer--can we get the close-up? All right. Now, you see those two drops down to the left of the number 12? It's kind of faint on this picture. You are going to have the pictures back in the jury room and I think they will be better and clearer for you than this is.
Those are big drops. Those are big blood drops, folks, not the kind you see from that little slice that Dr. Baden showed you on the Defendant's finger. Now, we've all been living in this world for a while and you know that when you get big drops of blood, that's from a big cut. You are not going to cut yourself on a little--okay, a little slice like--almost looking like a small slice on the inside of that finger and drip blood like that. It just makes--this is common sense stuff. It's just very logical those drops came from a big cut, and we're talking about this cut on the middle finger (Indicating). Now, did the Defendant notice at that point that he was bleeding? Maybe. Maybe not. Maybe he did, put something small on it, get ready to go, let's go. But in the rush of getting ready to leave, Kato, who's worried about a burglar back there, Allan Park, who's worried about getting to the airport on time, no one is paying attention to Mr. Simpson's hands. The fingers--his finger is not the foremost thing that they're worried about here. Now, about the blood on the outside of the car door, I want to make one thing clear. I'm not saying that the blood could only have gotten on the well of that door handle at Rockingham--
Excuse me, counsel. Forgive me for interrupting you. Let me see counsel at sidebar with the court reporter, please.
Why when he was just out in the driveway walking into the house dressed in all dark clothing, why when he answered the intercom for Allan Park, did he lie and say I have overslept, just getting out of the shower? We know it is not true. We know it is not true.
Nor have we ever found the knife the Defendant used nor have we ever found the clothes that he wore during the murder nor have we ever found the shoes that he wore during the murder. And it's so typical. It's so common. They get rid of the murder weapon, they think that's it, can't get me, home free.
He knew. So, of course, he was unconcerned. He knew it was no prowler. Certainly he knew it's no earthquake because he knew the thumps were caused by him bumping into the wall.
Those are big drops. Those are big blood drops, folks, not the kind you see from that little slice that Dr. Baden showed you on the Defendant's finger.