Cross-examination of O.J. Simpson by Robert Baker

📄 Cross-examination of O.J. Simpson by Robert Baker — Tuesday, January 23, 1996

Address:

C:\DEPT103\DEPOSITION\1996\JAN\23\CROSS-EXAMINATION-OF-O-J-SIMPS.DOC

TRIAL

▲ Day 2 of 31

◀ Direct examination of O.J. Simpson by Daniel Petrocelli Redirect examination of O.J. Simpson by Daniel Petrocelli ▶

Witness: O.J. Simpson
Examiner: Robert Baker
Called by: Plaintiff • Date: Tuesday, January 23, 1996 • Utterances: 32

Baker cross-examines Simpson about the precise sequence of items he carried from the Bronco to his front door on the night of the murders — cell phone case, two ball bags, a windbreaker, and a grip. Simpson twice corrects Baker's counts and pushes back on Baker's characterization that the white ball bag had been 'accidentally' left outside, insisting he didn't purposely leave it but it was still on his property.

# 1

BY MR. BAKER:

# 2 Q:

Did you get the cell phone out of the Bronco?

# 3 A:

I got the stuff that goes with the cell phone out of the Bronco.

# 4 Q:

And the cell phone?

# 5 A:

No.

# 6 Q:

Just the case?

# 7 A:

Yeah, I believe just the case and the stuff and a jacket.

# 8 Q:

And a jacket.

# 9 A:

Yes.

# 10 Q:

So walking back from the Bronco you then picked up that ball bag?

# 11 A:

Picked up two bags.

# 12 Q:

What bags?

# 13 A:

The bag that I put the balls and a windbreaker in and the white bag that had nothing but balls in it.

# 14 Q:

So then when you were walking from the Bentley to the front door, you were carrying three things then, right--

# 15 A:

Yes.

# 16 Q:

--two bags and the case from the Bronco?

# 17 A:

Four things.

# 18 Q:

And the windbreaker.

# 19 A:

Yes.

# 20 Q:

And then when you got to the front door area, what did you do with these four things?

# 21 A:

Three of them I sat down right there--

# 22 Q:

What three?

# 23 A:

The cell phone I put in the bag, my grip and either laid the jacket there and the other bag. I asked Park to get my golf bag. I think he was in the process of getting my golf bag, which I don't think he knew was a golf bag because he seemed very confused, and Kato was talking about where for the flashlight and Juice, you know, "Show me where."

So I kind of stopped what I was doing, and as I was walking back in the house to go show him to go into the cupboard, I had dropped the ball bag with all the bag--balls in it right there at the front door, and then I went into the kitchen and he went into the cupboard.

# 24 Q:

The ball bag that you dropped near the front door--

# 25 A:

Yeah.

# 26 Q:

--was the white ball bag--

# 27 A:

Yes.

# 28 Q:

--that you had accidentally left outside on the ground by the Bentley. Correct?

# 29 A:

I'm sorry.

# 30 MR. PETROCELLI:

Do you want to repeat that question, please.

# 31 (Record read.)

# 32 O.J. SIMPSON:

Your characterization of "accidentally"--yeah. I don't know if it was accidental or it was there. I didn't purposely do it, but it was still on my property.

Temperature

procedural

Key Quotes (3)

O.J. Simpson

Your characterization of 'accidentally'--yeah. I don't know if it was accidental or it was there. I didn't purposely do it, but it was still on my property.

Simpson resists Baker's loaded word choice, which matters because the white bag's location outside could be relevant to the prosecution's timeline of his movements.

O.J. Simpson

Four things.

Simpson corrects Baker's count of three items to four — a small but telling detail showing Simpson is tracking the examination carefully and not letting mischaracterizations stand.

O.J. Simpson

Kato was talking about where for the flashlight and Juice, you know, 'Show me where.' So I kind of stopped what I was doing...

Simpson narrates the Kato Kaelin flashlight interaction, placing himself in the Rockingham driveway area and explaining a distraction that caused him to set down the white bag.

Evidence (4)

Informal

White ball bag — left outside near the Bentley before Simpson carried it to the front door

discussed

Informal

Cell phone case and accessories retrieved from the Bronco

discussed

Informal

Golf bag (grip bag) — Simpson asked limo driver Park to retrieve it

discussed

Informal

Windbreaker jacket retrieved from the Bronco

discussed

Notable Exchanges (2)

Mr. Baker•O.J. Simpson

Baker tries to lock in 'accidentally' as Simpson's characterization of why the white ball bag was left outside; Petrocelli calls for a read-back and Simpson splits the difference — conceding it wasn't purposeful but rejecting 'accidentally.'

strategic

Mr. Baker•O.J. Simpson

Baker says Simpson was carrying three things; Simpson immediately corrects him to four. Baker accepts the correction without argument.

revealing

Light Moments (1)

O.J. Simpson

Simpson describes Kato as 'very confused' about the golf bag and recounts Kato asking to be shown where the flashlight was stored — a brief, vivid character note amid otherwise dry logistics.

Credibility Attacks (1)

⚔ O.J. Simpson

embedding characterization in question

Baker used the word 'accidentally' when asking about the white bag left by the Bentley, attempting to have Simpson adopt language implying carelessness or distraction — potentially useful for building a picture of disorganized/rushed behavior that night.

Witness Demeanor

Attentive and self-correcting — volunteers 'Four things' unprompted when Baker undercounts

Cautious on word choice — pauses on 'accidentally' and carefully parses the distinction between purposeful and accidental

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 9037 • 32 utterances • Plaintiff witness

Deposition Trial

Department 103