Mr. Reichardt, have you spoken to anybody since the adjournment of the deposition on Friday concerning this case, this lawsuit, or your deposition?
Now, you came here with some materials in response to my subpoena, and for the record I will identify them and then mark them later on when we get copies made.
It appears that you produced your Pocket Day-Timer for July 1994 through December 1994, one for January through June of 1995, and one for July through December of 1995; is that correct?
Now, the other three that you gave to us today July of 1994 through December of 1995, do you know whether they contain any entries having any connection whatsoever to O.J. Simpson or this lawsuit?
Briefly describe your custom and practice with respect to these Day-Timers, what they are for, what their purpose is for, how you use them, and so forth.
Basically they help me keep my days a little bit more organized. I write down people that I need to call, people I have appointments with, vacations. That's about it.
Those are still with my accountant. I submitted everything to him for tax returns and all of that stuff stays with him.
Can your accountant forward a copy of that particular statement directly to Mr. Petrocelli? You will see that that happens?
Now, you are looking at a book with some phone numbers that is at the end of your planner for 1996
How many entries in the telephone book there pertain to O.J. Simpson, family, friends, et cetera? A number of them?
With regards to reproduction, I would prefer that you look through the documents that Dr. Reichardt has given to you and reproduce only those that pertain to this case. This is his specific request. There are documents there that really have nothing to do with this case or Mr. Simpson.
At a minimum, what I will do is make copies of the documents that the witness acknowledges pertain to this matter.
Can I have copies made of these for everyone. And I would like copies made of these documents. Wait a second.
Mr. Reichardt, we are going to have copies made of the Day-Timers that you gave us that I just described a few moments ago.
And now I am looking at this yellow folder that has materials in it including some typewritten materials and copies of articles and some hand-written notes, and these materials were assembled and collected by you in hopes of writing a book as part of that effort; is that true?
And this is the book that you mentioned in your testimony on Friday the idea for which was spawned by the O.J. Simpson case; correct?
And part of this book relates to your experiences and your knowledge of the O.J. Simpson case; correct?
And part of it relates to your thoughts, musings, and philosophies about life in general; is that true?
Now, this first Let me back up. I asked you on Friday not to show these materials to Mr. Simpson and his lawyers, and did you keep that promise?
Now, these typewritten materials, I am holding in my hand the group of papers that you told me relate to the O.J. Simpson case. The remainder of the materials are in the yellow file that you think are just general thoughts and ideas that have no specific application to this case; correct?
For now, let's focus on the O.J. Simpson papers. They are 10 pages or so of white typewritten notes; correct?
And then we have a page with handwriting on both sides. Are these in your handwriting also?
What I am going to do now is have these copied, and then later on during a break I will review them and we will come back to them. Okay?
Can you identify any time other than 9 o'clock on the evening of June 12 when O.J. Simpson called you up on the telephone to tell you where he would be later that same evening?
Other than calling during the day and saying, "We will see you later tonight at dinner" some other times, no, nothing no specific incident.
So the only time that you can recall O.J. Simpson ever calling you up to tell you where he would be later that evening was on the evening of June 12, 1994 when he called you at approximately 9:00 p.m.; true?
No, you can't. He can answer the question. If you have an objection, you can make it, but there is no reason to talk to him about my question. I don't understand that.
I want an answer without your talking to your lawyer, and then you can talk to your lawyer, and if you want to clarify, then you can clarify. I am entitled to that. You can make your objection first. Go ahead.
Okay. Please repeat the question and repeat it in the transcript as well.
I want a simple question and answer. And then you may answer and then you can consult, and then if you want to change your testimony or amplify it, that is your choice.
(The record was read as follows:
"Q: So the only time that you can recall O.J. Simpson ever calling you up to tell you where he would be later that evening was on the evening of June 12, 1994 when he called you at approximately 9:00 p.m.; true?")
When Mr. Leonard examines you, I think he will give you an ample opportunity to try to deal with that answer.
You testified before that you knew the time was 9 o'clock, you were pretty sure of that, too, one minute off perhaps?
So you were sitting on the couch alone watching television and the phone rang and you reached over where, to your right?
You were showing a much smaller diameter in my view with your fingers just now, like more like five inches. Do you think it is about
Okay. Is it your habit, by the way, when you pick up the phone to look at that particular clock?
Because the phone is right there. I look at it Throughout the day I look at clocks and whatever time it is.
Can you tell me, as clearly as you knew it was around 9 o'clock, can you tell me what you were wearing?
when Faye informed you that O.J. Simpson had just told her that he was going to kill Nicole; correct?
And Faye had just gotten off the phone with O.J. Simpson and you overheard their conversation?
Mr. Rubalcava, I appreciate that you want to get out certain information, but I really am entitled to examine him.
Well, you can object, but it is true. You have met with him twice. He has talked to your client 100 times since he got out of jail. It is clear what has been going on here and your client's effort to co-opt and convert witnesses and
you can do whatever you want when it is your time to examine him, but I am here trying to examine this witness, and I do not want you or his lawyer, frankly, impeding that effort.
You should have nothing to hide because, as you have said before, you are sure that O.J. Simpson is innocent as you are of any other fact?
Thank you. So you were on the couch, the same couch that you were on the evening of June 12; right?
It must have been after 8 o'clock because that is when I get home from the office.
Q And when you got home, Ms. Resnick was already there; right?
And this event occurred about one month before the murder of Nicole and the murder of Ron; correct?
And this is after you had heard about a split or a rift between Nicole and Mr. Simpson following the Cabo trip; right?
I knew that they were going through difficult times and that they were thinking about splitting back up, yes.
I am not asking about drug use again. Dan will, I am sure, elicit that. I am only asking about your observations and what you heard and what you saw.
And it was apparent to you from listening to Faye Resnick talk to O.J. Simpson that there was an upsetting conversation going on between both parties; right?
Well, you did not get the impression from listening to Ms. Resnick that O.J. Simpson was talking about his golf game, right?
But I had the impression that Ms. Resnick was high and she was animated when she was high.
I am talking about the content of her conversation, the words, the subject matter, okay. To your knowledge, based on what you recall, they were talking about the relationship between O.J. Simpson and Nicole; true?
And Ms. Resnick in this discussion with O.J. Simpson about his relationship with Nicole was visibly upset and animated; true?
Please repeat my question. And regardless of what you think caused it, just give us the answer. Someone else will present Mr. Simpson's side of the story.
Let the record reflect that I am going to object to any more conferences while questions are pending.
I want the question read back, please. I would like a "yes" or "no" answer.
(The record was read as follows:
"Q: And Ms. Resnick in this discussion with O.J. Simpson about his relationship with Nicole was visibly upset and animated; true?")
Okay. And Faye did not say to you, "Mr. Simpson wants to speak to you, Christian"; correct?
In other words, at no point did Resnick tell you, "Here, he is calling to speak to you, Christian"; true?
Tell me everything that you can remember Faye Resnick saying as you listened to her conversation with O.J. Simpson.
I remember saying that Faye saying that she was wanting to stay remain friends with O.J. regardless of what happens between Nicole and O.J.
Did you understand that Faye had a concern that if O.J. Simpson and Nicole split up that she, Faye Resnick, would then lose her relationship and friendship with O.J. Simpson?
Yes. Please.
(The record was read as follows:
"Q: Did you understand that Faye had a concern that if O.J. Simpson and Nicole split up that she, Faye Resnick, would then lose her relationship and friendship with O.J. Simpson?")
And she, based on your overhearing this conversation, was telling Mr. Simpson she did not want to see that happen; correct?
In this conversation do you know whether there was any discussion of the Sports Spectacular event on July 4?
Okay. Before we get to what Faye and you discussed, can you tell me anything else that you remember hearing in the O.J. Simpson/Faye Resnick conversation?
They were just talking about the Spectacular, to go there together and to like I said, Faye was concerned not wanting to get into separation of the friendships, she is not wanting to lose either friend.
So by this time it was pretty clear to you that Mr. Simpson and Nicole Brown were splitting up; right?
In fact, Mr. Simpson had already gotten together with his former girlfriend Paula Barbieri
So the whole issue that you overheard on this one point was Faye going to an event with Mr. Simpson without Nicole?
Okay. Now, after First of all, have you told us everything that you can remember about the Resnick/Simpson conversation?
Uh-huh.
Q Now, when Faye got off the phone, she then immediately told you what Mr. Simpson had just said; right?
After the phone call after Faye hung up, she went over and hung the phone up in the kitchen, she came back to the couch and plopped herself down on the couch
Right. The base for the portable phone is in the kitchen. Then she plopped herself on the couch and she said, "He said he is going to kill her."
Had he ever told you before this evening that he was going to kill Nicole when you construed that as a figure of speech
So the first time that you ever heard a statement attributed to Mr. Simpson that he was going to kill Nicole was on this evening of this conversation that Resnick had with Simpson and then reported to you; true?
That was a bad question. Did you ever hear a statement attributed to Mr. Simpson that he was going to kill Nicole after this conversation that you just described?
What was the beginning of my question? Give me the question and the answer.
(The record was read as follows:
"Q: So that was the only time that you heard it; true?
"A. That he said that he would kill Nicole, but it is a figure of speech
"Q. Forget the 'but' part, okay.")
So the only time that you heard a statement attributed by Mr. Simpson that he would kill Nicole was that evening?
So you had no idea whether he meant it seriously, joking, figure of speech or otherwise; true?
Now, you have just told us that Faye Resnick told you that O.J. Simpson said he would kill Nicole; correct?
Was there any discussion of the Sports Spectacular event, whether Mr. Simpson said he would invite her, notwithstanding that Nicole would not be there, anything like that mentioned?
In this conversation now between you and Faye reporting on her just concluded conversation with Mr. Simpson.
Now, when Ms. Resnick told you what O.J. Simpson had said, it is fair to say that she appeared to you to be upset?
Well, aside from the reason for her being upset, she seemed to you to be distraught true?
Now, you said that after she reported O.J. Simpson's statement that he would kill Nicole she went downstairs?
After she had plopped herself on the couch she then went downstairs.
Q When you say she plopped herself on the couch, how long was she down there on the couch with you?
Just going to the Sports Spectacular event and that he was going to bring Paula, and he was looking forward to us being there.
It is an event where sports people get honored for their involvement in medical give support to medical clinics.
And who was present at the same table? Were you at the same table with Nicole and Mr. Simpson?
In the various times that you said you either treated or helped Mr. Simpson work out, you said there were maybe four or five occasions, did you ever see him bleed?
Did he ever talk to you in all of these many conversations that you and he have had, particularly since he has been released from jail? Did he ever talk to you about how he got those cuts?
Has he ever talked to you about why he was bleeding at Rockingham before he left his house to go to the airport?
Did he ever talk to you about the whereabouts of his luggage or what luggage he took and what items went where?
Did he ever discuss with you why he went to the airport with Bob Kardashian to pick up his golf clubs a day or two after learning of Nicole's death?
Did he ever discuss with you what his reaction to hearing of Nicole's death was in Chicago when the police called him?
Did he ever talk to you about whether the gloves that were found at the Rockingham scene and the Bundy crime scene were his gloves?
Have you ever participated in discussions with Mr. Simpson and others in which those topics were mentioned or brought up?
Does Mr. Simpson to your knowledge make a point of avoiding discussing those topics with you because of the pending lawsuit?
You are talking about Mr. Simpson's post-release video as opposed to the video that Mr. Reichardt consulted with on the exercise?
Yes. I am talking about the video in which he tries to persuade people that he is innocent, that video, not the exercise video.
Could you look at your calendar and tell me I think you told us what the dates were actually.
Now, can you tell us what you and Mr. Simpson did in Cabo San Lucas together during the three days that you were there?
Did the two of you ever spend any time alone other than going to the airport to take him to the airport?
Now, you testified Friday that you had already had conversations with Mr. Simpson about them being in an unhealthy relationship, or he was saying that to you and you were saying that to him about your respective relationships; is that
Did it come to you as a surprise, then, to see Nicole and Mr. Simpson interacting so positively?
Did you ever have a chance to talk with Mr. Simpson about whether he had different feelings now about his relationship and his plans?
Just something that I thought it was I mentioned to him, I think on the way to the airport, that I thought it was great that they were getting along.
So he gave you no idea one way or the other what was going to happen with his relationship insofar as he was concerned?
Was there an episode or incident that occurred when Mr. Simpson was talking to Nicole about frogs and about his being the FROGMAN?
There was a time when we discussed his role as the FROGMAN where everybody was sitting out on the patio, and he was basically saying that it was funny that Nicole had this fear of frogs and here he is doing this role as the FROGMAN and everybody was laughing about it.
Yes. Actually, I think it was talk between O.J. and Faye that started it, you know, was the start of it, "What are you reading for? What is the script? What is it about?" You know, and that is how the conversation started.
And Mr. Simpson made a comment in this conversation that "Isn't it funny how Nicole is afraid of frogs and I am playing the role of FROGMAN"?
Did Mr. Simpson describe any of the script in FROGMAN or the scenes in FROGMAN or the actions he would perform?
That it was a script about an aging military guy that is putting together a team and like a detective-type story.
Can you recall any conversations that you had with Mr. Simpson about his relationship with Nicole during this Cabo trip?
And did you have any discussions with either Nicole or Faye Resnick about Nicole's relationship with Mr. Simpson during this trip?
Just that Faye and I thought that it was good to see them having a good time, enjoying each other.
Now, after you went back to Los Angeles, when was the next time you heard from Mr. Simpson?
No, not in person. Spoke to him either in person or over the telephone or received a fax from him or any communication.
No. I think initially she wanted to make it a surprise party, but then later it turned out not to be a surprise party.
I think Faye was telling me that Well, actually the reason why the birthday party was moved from my birthday the 28th to the 30th was because O.J. was going to come back a couple of days late.
He was sitting on a chair at the moment and Nicole was sitting in front of him on the floor so and they were they seemed to enjoy their time. They just had a good time.
Yes, I believe so. I believe so. We might have had another dinner in between, but I don't recall.
Now, the next day, did you talk to him about the party or about his relationship with Nicole?
Do you remember the next time that you spoke to O.J. Simpson after April 30 when you saw him at the party?
Yes. I believe in the next couple of days after the party. Not the first day but the next couple of days afterwards.
Like I said, checking in with each other as friends to see how the other one was doing, and he was talking to me about how Nicole would be one day happy, one day not happy, one day everything would be fine, one day they had a fight, and he was just talking about how he doesn't want to do that anymore, he doesn't want to have that in his life anymore.
Now, tell me when that conversation occurred. And if you need to, look at your calendar, the one that you just described.
In these collective conversations Mr. Simpson talked to you about the problems he was having with Nicole; true?
Did this come as a surprise to you given that you had last observed them interacting positively on your birthday on April 30 and the immediately prior time you saw them together was in Cabo and they also interacted positively together?
Had you heard from Faye Resnick or from Nicole about what was happening between Mr. Simpson and Nicole?
Had you heard from Nicole about what was happening in her relationship with Mr. Simpson about the Cabo trip and your birthday party on April 30?
Just that she would come over and pick up the kids, if I would go over there and pick up Francesca, drop off Francesca, just to play with the kids.
No. I doubt it.
Q Did you talk with Faye Resnick between Cabo and your birthday party on April 30th about the relationship between Mr. Simpson and Nicole?
Well, Mr. Simpson would talk to Faye on the phone and ask Faye why Nicole would be reacting certain ways, the way that she was, and then Faye would relay to me how Nicole and O.J. were going through difficult times.
Did you and she talk over the telephone during the four or five days that you were in Los Angeles and she was still in Cabo?
No.
Q Did she tell you, "By the way, Nicole is splitting up with O.J. or is thinking about splitting up"?
That Faye and Nicole had met two people down in Cabo and that Nicole ended up spending the night with one of them.
So when you heard that for the first time, or read that, you did not check into that or ask anyone about it; right?
Now, did there come a time when following Faye Resnick's return from Cabo she told you about problems in Nicole's relationship with Mr. Simpson?
Briefly. You are asking me what all the things she said. At that time Faye and I did not interact very well at all, so whatever small polite conversations we had it was just they were having problems and I would say, well, okay, so I did not check into anything, I did not have lengthy conversations with her.
But you did know that Mr. Simpson was having telephone conversations with Faye Resnick about this; right?
They were probably talking once or twice a week, lengthy, right in right in the times right after Cabo.
And at no time, by the way, did you pick up the phone to talk to Mr. Simpson during these conversations he had with Faye Resnick; right?
And you could overhear from Ms. Resnick's side of the conversation that they were talking about, the problems that he was having with Nicole; right?
Could you tell from listening to one-half of the conversation what was going on? Did you get the gist of it, in other words?
Wasn't the gist of it that O.J. Simpson was trying to find out from Faye what was going on with Nicole?
And don't you remember that Mr. Simpson was getting no communication or receiving no communication from Nicole following the Cabo trip and he was trying to find out from Faye what had happened to her since they had such a good time together in Cabo?
Right. And it just was also Faye trying to explain to O.J. why she and I were having problems, and that was basically the gist, two people talking about their respective difficulties in relationships.
Now, do you recall explanations or reasons that Faye Resnick gave to Mr. Simpson on the phone as to why Nicole was behaving the way she was?
The gist of it was that Nicole just needed some time and space and Faye was trying to explain that to O.J.
Okay. Now, you said that there came a time when you then had some conversations with Mr. Simpson, and I guess it was a couple of days after your party in the first week of May; right?
And you said you had a couple of them and you cannot separate them out, that they all kind of run together; right?
Now, apart from these telephone calls, did you ever have a time from your party through June 12 when you and O.J. Simpson sat down together and had a lengthy conversation about his problems with Nicole?
Did you ever have any conversation about Nicole in person with Mr. Simpson from April 30 to June 12?
Yes. I am trying to figure out whether you were ever alone with Mr. Simpson in person where you talked about his problems or his relationship with Nicole from the date of your party until Nicole's death on June 12?
But this was a time when you and Faye were not talking to one another and when you were hearing that O.J. Simpson and Nicole were having problems; right?
But you still believe that given those facts that there were these dinners that the four of you went out on, or could it be that that was before the Cabo trip?
It could be that it was before the Cabo trip. I know that four people exactly Ron and Cora also as a group of friends were still trying to figure out how to work things out.
But as you sit here today you cannot specifically recall going out with Mr. Simpson to an event, whether it be a dinner or something else, between April 30 your birthday and June 12; true?
And these dinners that you just mentioned might well have occurred before the Cabo trip right? and not after the Cabo trip?
By the way, did you speak to Ron Fischman at all about this problem that he was having with Cora?
A particular time that I talked to him, but like I said, in that time we were trying to everybody was trying to figure out
Can you remember any time when you were together with Mr. Simpson at all in person after your birthday party and before June 12th?
And it may well be that the two of you did not see each other in person during that time frame?
And the [Name Deleted] children. And one of the [Name Deleted] daughter's is called Nicole, her boyfriend.
And do you recall whether you and the [Name Deleted]s and Faye Resnick were discussing the Simpsons and their relationship
Now, prior to June 12 did you ever have any conversation with Mr. Simpson about the IRS issue that he was confronting Nicole about?
That Nicole was trying to have a residence at O.J.'s house because of some tax-related issue.
Did you know that Mr. Simpson had told Nicole that he would take every last penny that she had and put her out on the street?
Did he ever express to you that kind of hostility or venom about Nicole in his conversations with you?
Would it surprise you to learn that he sent a letter to Nicole telling her that she should refrain from getting him in trouble with the IRS?
Exactly. That he had gone that far as to write a letter with lawyers and so forth and have it hand-delivered by messenger to her home a week before she was killed.
Did he tell you about a letter that he had written to Nicole saying you know, stay away from my housekeeper," did he tell you about that letter?
Did he tell you about all of the events for his children that he was not attending in the first two weeks of June because he was out of town?
Did he tell you about going to the Forschner board meeting and picking up knives and watches there?
Prior to June 12 These are the things that were going on in Mr. Simpson's life, and I am trying to find out whether he shared any of these with you at all.
No. I just knew, as I said on Friday, that he was going on a trip towards the East Coast and I thought it was Florida.
Did he tell you about the fight he had with Paula Barbieri or argument, conflict with her?
Did Faye talk to you about Nicole hanging up on O.J. Simpson in the last 10 days of Nicole's life?
Now, before you went away to Cabo on Memorial Day weekend, Faye was not sleeping over Nicole's house then; right? This was after Memorial Day weekend; right?
What I am trying to find out is how many nights can you tell us for sure that Faye Resnick spent at the home of Nicole on Bundy? And we now have narrowed it down starting with May 31 through June 6th May 31, June 1, June 2, June 3, June 4, June 5, June 6. There is seven days their, okay.
Now, during those seven days tell us how many of them you know for sure that Faye spent at the house of Nicole?
I don't know. I'm not sure. And actually the days before Cabo at times she would spend time at Nicole's.
I am now talking about when she, in effect, moved out of your place as you were testifying about on Friday. Okay?
So it is fair to say that you don't know how many nights she spent at Nicole's house during the first 12 days of June; true?
That's right. Well, no, that is not correct. I know that she called me in San Diego, repeatedly throughout the night from Nicole's house.
Back on. What was the last question that I asked?
(The record was read as follows:
"Q: What night was that?
That would be Saturday the 4th.")
She was checking in whether I was having somebody over, and we were having a friend over, a girl over at this friend's of mine place in San Diego.
Now, did she tell you what she and Faye Resnick what she and Nicole were doing that evening?
During this period of time, let's say, starting from after your birthday party, May and up through the first 12 days of June when Nicole was killed, did you come across any information from anybody Mr. Simpson, Mr. Fischman, Cora Fischman, Nicole, whoever that Faye Resnick was having any kind of relationship, intimate relationship with Nicole?
Or that Faye Resnick and Nicole were having intimate relations with other men, threesomes?
So it is fair to say that prior to June 12 you did not receive any information whatsoever that in your mind led you to believe that Faye's life was in danger; true?
Mr. Reichardt, you gave a statement to the District Attorney's office on November 29, 1994; right?
It says at the beginning of the transcript on page 1, it says "Christian Reichardt, called as a witness, testified as follows," but it does not literally indicate whether you were put under oath.
But you would have said the same thing and your lawyer has indicated that you were put under oath. Okay.
I am not going to bother marking this as an exhibit to the deposition, but let me just ask you a question or two.
At page 16 of the transcript of that interview you were asked about the phone calls between O.J. Simpson and Faye Resnick that were made to your residence and specifically about the phone call in which Mr. Simpson said he would kill Nicole.
And you said on page 16 starting at line 11, "I think he called her. At that time for about a two-week period of time Faye and O.J. would talk on the phone for hours, each other calling." That's true right? that that's what happened?
You say down at line 18, "And I think O.J. was trying to find out what's up with Nicole, because if he would call Nicole he couldn't talk to her. Faye was one of was Nicole's best friend at the time and O.J. was trying to find out where Nicole's head's at, so he would call the house and get into these long conversations with Faye about what's happening with Nicole and him." And all of that is true; correct?
On page 23 of the transcript you are talking about a telephone conversation that you had with O.J. Simpson, I think the last time you spoke to him before Nicole's death, and starting at line 9, the question was, "He called your house?" And your answer, "Yeah, actually Faye called to tell O.J. to talk to me." And then I will continue.
"That I am such a terrible person for not marrying her. So O.J. got on the phone and, you know, Faye brought the phone up to me and O.J. and I talked about that. I said, 'I don't know what's wrong with our ladies.' And I said, 'Faye is definitely going off the deep end here.' And O.J. said, 'and I'm splitting town, you know, I don't want to deal with this anymore, I'm getting out of this."' That is true; right?
He said, "I'm splitting town, you know, I don't want to deal with this anymore, I'm getting out of this"; true?
You told the prosecutor that O.J. Simpson said to you, "I'm splitting town, you know, I don't want to deal with this anymore, I'm getting out of this"? It is true that O.J. Simpson said that to you; right?
And he said that to you in the last telephone conversation that you and he had weeks before the murder; correct?
One of the last. I don't specifically recall whether it was the last, but it was in that time period. That was the gist of the conversation, yes.
By the way, it was Faye who broke off the relationship or the engagement with you, not the other way around; true?
Isn't it true that on the second trip to Cabo it was Faye who said, "As far as I am concerned, our engagement was off"; isn't that true?
Well, you told the prosecutors as follows:
"Question by Darden: Well, who was it that broke off the engagement? You?
"Answer: No.
"Question: Okay.
"Answer: It was Faye. Our trip, second trip to Mexico, not with the Simpsons, that she walked into the room after we had flown down there with friends and she just said, 'as far as I am concerned, our engagement is off."' That is the end of the answer. That is the testimony that you gave to the prosecutors right? the statements that you gave to the prosecutor; correct?
But not finished. Nobody asked me further to explain that later Faye came and apologized and was wanting to try to get back together.
I want to ask you whether Nicole ever told you about a phone call that she had with O.J. Simpson and then a subsequent conversation on June 3 and on June 2 of 1994.
Have you ever seen these notes before? They are notes in Nicole's handwriting.
Nicole's entry starts with Sunday, May 22, 1994. It says, "We've officially split. I told O.J. we are going back to every other weekend." And then she talks about arrangements for the children.
Did you ever have any conversations with Nicole about her official split with Mr. Simpson?
And did you know that Nicole returned that jewelry to him when she broke off the relationship for good?
Did you have any understanding why Mr. Simpson would give Nicole such valuable jewelry for her birthday in the middle of May of 1994?
And did you have any information as to the circumstances concerning why Nicole returned the jewelry?
As far as I knew, Nicole and O.J. were going through difficult times so I have no knowledge as to why she would have done that, no.
Do you have any knowledge as to why Mr. Simpson would be giving her this valuable jewelry if he were trying to truly move on with his life?
Did you hear from anyone about O.J. Simpson's not taking the kids or being attentive to the kids in the last month of Nicole's life?
Now, Nicole writes in these notes, and I don't know exactly what to call these other than her notes on June 3, "O.J. came to pick up kids at 8:30 p.m. They wanted to stay home because I let them organize sleepovers at last minute, thought daddy wasn't coming. Told O.J. I would drop them off first thing in the morning." Did you come across any information about that incident?
Let me read on, and perhaps it will refresh your recollection.
"He," referring to O.J., "said okay." Then, quoting O.J. Simpson, "You hung up on me last night. You are going to pay for this, Bitch. You are holding money from the IRS. You are going to jail, you f******g c**t. You think you can do any freaking thing you want. You've got it coming. I have already talked to my lawyers about this, Bitch. They will get you for tax evasion, Bitch. I will see to it. You are not going to have a f***ing dime left, Bitch," et cetera. Now, did you ever come across any information about this confrontation between O.J. Simpson and Nicole?
But rather than not telling you certain things, did you know her to affirmatively make up things that did not occur
Have you ever discussed with Mr. Simpson his belief as testified to in his deposition that Nicole invented all of these things because she had a vivid imagination?
When Mr. Simpson told you that Nicole was driving him nuts and that he was going to split town and get himself out of it, he did not tell you about his fight with Nicole over the IRS issue?
No. The conversation was about that it was not working out between them and he was leaving.
Okay. While we were off the record, I had marked as Exhibit 169 your Day-Timer for the period July to December of 1994.
Will you confirm that that is Exhibit 169?
Yes, it is.
Q And Exhibit 171 your Day-Timer for July to December of 1995, will you confirm that?
Okay. And I attached as Exhibit 172 the notes that you made in contemplation of writing the book about the O.J. Simpson case; is that right?
Starting with this O.J. Simpson situation right? Nicole's death, his being accused of it, and the ethical issues that have been in your mind spawned as a result of that; right?
No. Actually, the thought process happened way before this case, and a lot of the thoughts had come out of the relationship that I had with Faye and prior to.
Well, the truth of the matter is before the O.J. case, and by that I mean before Nicole's death and Mr. Simpson standing accused for her murder, you never wrote down any of these notes, did you?
Now, all of the notes here, and a number a of pages are in typewritten form and a number are handwritten are all yours; right?
There is a symbol that I am pointing to on one of the handwritten pages, a triangle. that is that symbol for in your notes?
And what is the word right before that Delta sign? I am referring to the first page of your handwritten notes.
I see. I am looking at the third page of handwritten notes, and I can't read all the writing there. Why don't you take a look at the original. There is a reference to $5,000 and 60 hours and so forth. Can you read that to me.
It means that I made in that particular instance less dollars than I would working in the office.
This was I wrote this page as a result of an interview that Faye did relatively recently.
Children, they love him, they jump on dad and hug him. That is in reference to how his children are behaving to him at this time.
Now, you have a statement on the top of one of these pages that says, amazing how many people did not come forward in order not to it looks like become involved or be involved. Do you see that right here (indicating)?
I think Ron Fischman, I think Cora. You know, there are a number of people that have not gone as public as a lot of other people have.
Are you actually saying, then, that the number of people who have not come forward is amazing, indicating a staggering number.
Yes. But, you know, there is a way of coming forward and there is a way of coming forward.
I don't know what she said in the deposition with you, but I know that she has not stepped in the media saying
Is it fair to say that you are referring to people who should come forward on behalf of O.J. Simpson to speak out in his defense; is that a fair statement?
No. This has nothing to do with O.J. Simpson. It has to do with, I think, people are scared about the process.
Well, when you say it does not have to do about O.J. Simpson, you are talking about people coming forward to talk about their knowledge of this case; right?
I think that, you know, her belief of what happened. She hasn't fully She hasn't gone into the media and exploited it.
That they were having a really difficult time before the murders, that they were really working hard to try to figure things out but it didn't work.
And do you have an understanding whether Ron Fischman believes that Mr. Simpson is innocent?
I don't know whether they know about the facts of the case, but, you know, I think some people have opted to not be vocal about it, about what their knowledge is.
You say in here, "One friend is dead, the other in jail, accused. I only have interest in finding out what really happened, the truth will set one self free." But, in fact, you have done nothing to find out what really happened; true?
You have had plenty of opportunity, perhaps more than anyone, to ask O.J. Simpson what really happened and you never did; right?
But it is not my job see. It is not my job in my life to find out what happened on that particular end of the case, although I have a tremendous interest in finding out, but I am not going to
I didn't say it was your job. No one is suggesting that it is your job. But even though you have a tremendous interest in finding out what really happened and even though you have had a tremendous opportunity to find out by asking Mr. Simpson, you have not done so; is that right?
Why not? Suppose he said, "I did it. You really want to know what happened, I did it." Would you still be his friend?
And you would have to think about it for a few days before you could decide whether to be his friend or not; true?
I couldn't give you an answer other than I would need time to find it out, yes.
Now, the third page from the end appears, Mr. Reichardt, to be a chronology. Why don't you read this to me so that I do not miss anything on this starting with June 8. You have your handwritten m account of events from June 8, it looks like, to June 12; right?
Okay. I see. The last page this is obviously out of order starts the chronology; right?
"Fall '90 met Faye.
"December '91 Faye moved in.
"March '92 Betty Ford.
"October '92 moved out.
"December '92 Faye and Nicole go on vacation.
"June '93 Faye moved back in
"October- December of '93 got much closer. Discussed Juice Plus. Jet lag video travel exercises.
"1-9 '94 O.J. outline done.
"1-l9 Acapulco Restaurant O.J. came with Nicole. Pursued Playboy video thing.
"3-18 Faye surgery. Start with pills.
"3-21 O.J. Playboy meeting.
"4-41 - 4-4 Easter trip Cabo.
"4-15 - 4-17 Laughlin.
"4-30 my birthday party postponed two days for O.J. to be there. He asked.
"5-6 went to concert in Pepperdine. Saw some music alone because mentally separated.
"5-27 - 5-30 Cabo again with Faye. Memorial Day did not get along well."
With an arrow pointed between 5-6 and 5-27, "Faye started staying at Nicole's often."
"6-4 San Diego.
"6-8 ready to go on vacation. Get call from Paul Resnick to meet at Petit Four Restaurant 8:00. Nicole showed up late. Told me about freebase since just before Cabo trip Easter. I decided to not go and do intervention. Called friends to meet at 11:00 home. Called cousins house. She said Faye went home with Francesca. Met her at home. Argument. 11:00 intervention."
Was there any conversation there at all about O.J. Simpson and her relationship with 1 Mr. Simpson?
"9 Exodus Marina del Rey.
"Nicole called how I was. Discussed Francesca. Nic didn't want to talk about it.
"6-11 visited Faye family session.
"6-12 visited Faye p.m. arrow home. Nic called to see how I was about 5:30. O.J. called about 9:00. Talked about Paula. Life easier. Happy. Laughing. Someone there asked about game. Said will come back Wednesday and make plans for dinner. Happy, jovial.
"6-13 Office see patients. Busy day. 10:00 Paul Resnick called about Nic killed.
"We talked if Faye was safe. If it was a drug thing. Both felt it was possible. Discussed if we should have her go to his ranch in Idaho. But only people knew where she was, so she was safe. Called Albert at Exodus. Asked him how to handle it. They were going to talk to her and to stay available. Went to see her that night. Slept with gun by my side. She stayed two weeks inpatient then came out. Coexisted only she had no place to go.
"8-4 Sturgis trip. Faye gone when I came back.
"10-17-18-19 Spent time with her and Francesca for Francesca's sake.
"11-29 deposition with Mr. Darden."
At the bottom it says, "Threatening phone calls in December. Wrote my attorney and asked her to never call again."
And what materials, if any, did you use to reconstruct these events, the dates, the times?
For example, what O.J. Simpson said to you on the evening of June 12 and your description of his demeanor and so forth, that is not in your Day-Timer; right?
In fact, nothing is in your Day-Timer of any substance concerning these comments in your notes; right?
To keep in my To get clarity in my mind as to what the sequence of events were and how things progressed.
Could you go to the one page that has at the top I can't read the heading. What is that (indicating)?
Now, on the second side of that page, on the back side of it, could you read starting in the middle of the page.
Yes. "Some people new cars, houses, it's their new job pays well. They want to continue it. For example, Faye, Denise. Faye on Geraldo talking about O.J.'s next moves. Kim Goldman into deposition. She is not a plaintiff no reason to be there."
What is this thing about Faye's talking about O.J. Simpson's next moves? What is that in reference to?
That is just one thing that I switched channels and it was Faye on, that she knows what O.J.'s next moves were.
But you wrote that down. What was your purpose in writing this down, this business about Kim Goldman and Faye's talking on the Geraldo show?
No. This is my thought processing and remembering trying to remember, giving me impetus as to why people do things.
Why do you care about that to the point where you would write that down. What is your fascination with all of this?
Why would you sit there with a piece of paper and write down that Kim Goldman wants to attend the deposition of O.J. Simpson?
"Media screw ups change of info continues post verdict. Three jurors upset. How one shows that they now would give different verdict. On Larry King they complained it's a lie."
I guess this was The front part of this was I think Faye doing one television show, I don't know which one it was, but those were the things that she was talking about, so I guess this must have been at the same time, whichever one it was. Recently when she was doing a slew of different shows.
"Good about case. It brought some issues forward. Physical abuse, some race problems, some rogue cops, DA can be challenged, truth persists."
"Questions, 1, about abuse. I condone not abnormal violence, mental, emotional, or physical. O.J. and Nicole not only people getting physical especially" I can't read my own handwriting there, the last word. "Faye described abuse situation's not true. I have total different view."
To my knowledge that one incident, that I have seen pictures of but that's it.
So you have had no conversations whatsoever about his history of abuse or his abuse of Nicole?
No. Faye described abuse situation's not true. I have totally different view on what Faye describes.
"2, O.J. making money. You don't want him to make money, only if you think he is guilty," which is ignorant, I think. The people that screamed loudest are the ones that made the most money on it."
Okay. Now, could you go up to the top where it says "Accusations to Christian Reichardt, drugs, stopped 1981." What is the next line?
Chris and Faye write book together bullshit. Darden in court said himself I asked Faye and me not to speak. Obviously I'm not in the media at this time."
That I spoke to her it was probably in December of '94 when I asked her to not ever contact me again.
What I am going to do at this time is defer to one of the other lawyers because I want to read some notes that I have, but otherwise I am through.
She said, 'He is going to kill her if she keeps doing this driving him crazy.'
I said, 'Well, you know, that is a figure of speech.'
He has talked to your client 100 times since he got out of jail. It is clear what has been going on here and your client's effort to co-opt and convert witnesses.
Mr. Petrocelli, I don't have anything to hide... You are trying to do your job, and I am just telling you the truth.
It was very loving and happy. They were — they seemed pretty happy at the time.
Mr. Reichardt, I just have a few questions over the next few minutes. I want to focus your attention for a moment on the June 12th phone call.
Was it your understanding in talking with Mr. Simpson that he was packing at the time that you were having this phone call?
And when you say that he was packing, that he was physically packing as he was speaking to you on the phone?
I don't know that. It might have been in the sense of I am getting my things together. Whether he is actually packing or moving around the house to get the things together, I don't know.
Well, could you hear him doing things as you were on the telephone with him that led you believe that he was putting things in suitcases or moving things around in an effort to pack at the time?
You indicated when you had this telephone conversation with Mr. Simpson the television was on; isn't that correct?
Based upon your ability to heard the television over the telephone could you tell what volume it was at?
Was there anything about what you heard that enabled you to discern what room he was in at the time that you had the telephone conversation with him.
And at some point, as you testified to, he asked somebody the score of the game; is that correct?
And I think the way you described it was as though he said over his shoulder, "What's the score," something of that nature?
So as you described it, it was a normal the pitch of his voice and the volume of his voice was normal conversation as though
Well, I think it was more like he did not yell it out to somebody, but as he was speaking on the phone and you talk to somebody, and somebody catches you and you are speaking a little louder to somebody, and then he came back.
Based upon the manner in which he asked that question, it was clear to you that that person was in the same room with Mr. Simpson
KEY QUOTEWait a second. You can make your objection but let me finish my question.
Do we have the question completed on the record?
(The record was read as follows:
Based upon the manner in which he asked that question, it was clear to you that that person was in the same room with Mr. Simpson ")
KEY QUOTEAnd did you not hear anyone say anything in response to that question that was asked by Mr. Simpson; is that true?
Was there a period of time after he asked the question where there was some silence where you could hear them had they said something?
In other words Strike the question. He asked the question of somebody about the score; right?
You hear that there is something going on in the background televisionwise, but you cannot differentiate what it is.
When you say "background noise," did you hear voices talking, gun shooting, cars crashing? What exactly .
And was the television on, as far as you knew, the whole time that you were talking with Mr. Simpson?
And was it relatively close in the beginning of the conversation that he asked this person the score?
Well, halfway or later. Because at first we talked about, you know, Paula and going on this trip later, towards the end of the conversation.
Right. But not word for word, "I am packing my bag." It was like "I'm getting my things together. I'm going to Chicago."
So it was your understanding based upon what Mr. Simpson told you at that time that he was not scheduled to return from Chicago until Wednesday?
So you had no idea other than the fact that he was leaving for Chicago why he was going there?
Do you have any familiarity with his habits in terms of ordering limousine services or utilizing limousine services when he travels?
Was it your impression, based upon what Mr. Simpson told you, that he was leisurely packing?
Did he tell you that he had to do anything else that evening to get ready to go to Chicago?
As of June 12, 1994, if Kato Kaelin picked up the telephone and you had a conversation with him, would you be able to recognize that it is Kato Kaelin's voice?
If you had overheard Kato Kaelin say something to Mr. Simpson on the telephone, you would have been able to recognize that person as Kato Kaelin; is that correct?
Would you say that in the weeks and months before Nicole's death O.J. Simpson was depressed?
I think everybody was going through so many different moods, you know, there might have been a day of being depressed, there might have been days of not being depressed, not happy, upset.
KEY QUOTEJust so that you are clear, I really don't care about anyone else other than O.J. Simpson for the purpose of my question.
My question is: Is it fair to say that you have described on previous occasions O.J. Simpson being depressed in the weeks and months before Nicole Brown Simpson's death?
And when you say he was upset, he was agitated in the weeks and months before her death; isn't that true?
Did you ever talk to O.J. Simpson about his seeking some kind of counseling or assistance in order to help deal with his agitation and depression?
I think we talked about it at some point, that he had thought about that that might be a good idea.
Sure. If somebody is depressed and upset over a relationship to go talk to a professional, that would be a good idea; right?
But you were not talking with Mr. Simpson in the context of his telling you that he was happy and thinking about seeing a counselor; right?
You were talking with Mr. Simpson wherein he was describing to you being depressed and upset in the weeks and months before Nicole's death; true?
In the context of this discussion that you had with Mr. Simpson wherein he indicated to you that he was thinking about seeking some professional assistance, that discussion occurred while Mr. Simpson was telling you about depression and being upset with Nicole; right?
But I also mentioned that it would be a good idea for me as well or anybody who is going through a difficult time. It wasn't a discussion. It was more like a comment.
Point being, though, when Mr. Simpson and you were talking about this, he was telling you that he was upset and depressed; right?
No. It was more about it was a difficult time, so I think it would be a good idea to go see somebody, and I said yes.
When was this discussion that you had with Mr. Simpson about his seeking some professional assistance?
I think we were sitting at dinner. Faye and Nicole had gone to the rest room, and that is when we briefly talked, had a couple minutes' time.
So while they were gone, you and Mr. Simpson had a discussion where the idea of some professional counseling came up; is that true?
At the time of dinner, did he tell you or in this discussion did he tell you whether he had done any investigation into the names of any individuals that he was thinking about seeing?
Have you talked to Mr. Simpson about any of his analysis with respect to witnesses that have testified in the civil case?
Has he ever taken you around the property in an effort to go through some analysis with respect to some of the physical evidence?
Do you know, for example, as you sit here today why blood drops were found on his property?
Has Mr. Simpson ever said anything about the location of those blood drops found on his property?
Or the fact that there was no blood around the glove where, according to you, one would have suspected that there would have been blood?
Do you think it is unfair that Mr. Simpson is undergoing a second process where he is being tried?
Could you tell whether Mr. Simpson, going back to the June 12th conversation, was on a hand-held telephone versus a regular phone?
Were you able to discern based upon the television that you heard in the background which television was on as you were having this telephone conversation with Mr. Simpson?
Based upon the manner in which he asked that question, it was clear to you that that person was in the same room with Mr. Simpson... It appeared to me like that.
I think everybody was going through so many different moods, you know, there might have been a day of being depressed, there might have been days of not being depressed, not happy, upset.
Is it your testimony here that going over to Mr. Simpson's on Wednesday night with your deposition scheduled for Friday morning was a complete coincidence?
That years, in years past, the days when he was playing ball that he had used it sometimes.
I have my own copy. It is still unopened.
I want to go back to Wednesday night when you went over to Mr. Simpson's house and you spoke with Mr. Leonard. Do you recall that testimony?
You were going over to Mr. Simpson's house but you spoke to Mr. Leonard. That is what I meant.
You had no conversations with Mr. Simpson prior to going over that night that you were coming over?
Is that a frequent occurrence, that you would drop by his house without telling him that you were coming over?
And after you were done with whatever conversation you had with Mr. Leonard, did you hand the phone back over to Mr. Simpson?
And your deposition was scheduled for Friday morning following that Wednesday night; correct?
Is it your testimony here that going over to Mr. Simpson's on Wednesday night with your deposition scheduled for Friday morning was a complete coincidence?
Just a couple of questions about the June 12th phone call. You indicated that you were watching a movie on cable; correct?
Do you recall whether it was one it was one of the movie channels like HBO or Cinemax, the ones you have to pay a little extra for?
I recall your mentioning it was a war movie. Was it a black and white? Was it a color movie?
So would it be correct to say that you recall nothing about that movie other than that it was some war movie that you were watching?
And when you learned of the murders and you went back in your head, I assume, to reconstruct the events of June 12th, you recalled clearly the time of the phone call and the phone call; right?
Yeah. I thought about it, and I couldn't figure out what I was watching. I just remember that it was some relatively violent kind of thing.
Did you jot any notes down other than what you have produced at any time about the content of your conversation with Mr. Simpson on June 12th?
Did you ever spend anytime with Paula Barbieri, let's say, after your birthday party on April 30, 1994 until Nicole's death?
It is a fair statement, is it not, that you had asked O.J. Simpson to make referrals to you of celebrities and athletes?
As far as I knew it from that conversation, it was in the days when he was playing ball.
You saw a draft of Faye Resnick's book before it was published? I am talking about Private Diary. Right?
She discussed it In the days before the release of the book, she gave me a copy of the book.
I told her that there are a number of things in there that I know not to be the truth.
KEY QUOTEIsn't it true that you told her that there were things that she was saying about O.J. Simpson that were untrue?
Right. Not just of O.J. Simpson but the whole group. She described the whole group acting in a certain way that was not correct.
I don't know any specifics right now. I do not remember any specifics right now, but the whole gist of the book was very strange. There were incidents, for example, where she describes the second Cabo trip and forgets that I was in there, that I was at the trip, things like that.
And wasn't he asking you in those messages to help clear his name and find out information for him.'
He had asked me on one occasion that if I found something wrong in Faye's first book, whether I would comment.
I think that it is not a matter of him convincing me what I have to do, it is just...
But you never spoke to him about a suggestion concerning you and Faye Resnick co-authoring the book?
I was upset because in the days after when Faye was still at the rehab center we had agreed to stay out of the media because we both knew that this was going to be a media crazy thing, and the first opportunity she had, I believe, was a few days after she came out of the day care at Exodus, as I found out later. She told me that she had gone to have coffee with a friend at 10 o'clock at night, and, then Kris Jenner a couple of days later told me that she had actually met with someone from the Star instead of this friend.
Not getting herself involved with something that is not her place to get involved with.
Q Didn't you also tell her not to go to the prosecution?
This was like two days after the murders the detectives called me up and we scheduled an appointment for a week-and-a-half after.
A few days. A couple of days after the murder. I remember between the two detectives and I we were trying to figure out a mutual convenient time.
Did you ever discuss the account of the conversation with O.J. Simpson on June 12 that appears in your notes, that account with anyone else prior to today and prior to Friday, of course?
I think I mentioned it to Bill Pavelick. I believe I talked to Johnnie Cochran about it.
Q And before you wrote that account of the conversation down in your notes, or thereabouts during that period of time, did you call O.J. Simpson to go over it with him?
So you are saying that to this day you do not know what Mr. Simpson's recollection of that conversation was?
And you do not know if it is completely inconsistent with or totally consistent with yours?
Is it just a coincidence that both you and he give almost verbatim accounts word by word of that conversation?
KEY QUOTENow, you said Mr. Simpson called the house after the Cabo trip in April of '94 numerous times to speak to Faye; correct?
After the Cabo trip Mr. Simpson called the house numerous times to speak to Faye about Nicole; correct?
He sometimes called 1:00 or 2:00 in the morning and you would answer the phone and hand it to Faye; true?
I don't recall that it ever occurred. I don't answer the phone after 10:00. I go to sleep.
BY MR. PETROCELLI: Q: So if Faye got phone calls at 1:00 or 2:00 in the morning you would not know; right?
They are in my bathroom, so I assume if she went to the bathroom downstairs she must have been near them.
Do you recall an incident in Cabo San Lucas in April of 1994 when you were driving with Mr. Simpson in a van together with Bruce Jenner, Nicole, Christian, Faye, and the children, the van was cut off by another car and Mr. Simpson said, "Can you imagine if we had just been killed by that car, they would think we were in a van like a bunch of Mexicans crammed in here. And, Bruce, who do you think would get top billing, you or me?" Do you recall that?
Did you have an argument with him not on the record that was not being recorded by the stenographer?
It was not what he was saying, it was how he was saying it and how he was trying to just his voice inflections.
Was there an implication in your mind that you were not telling him everything that you knew?
Are you aware of any argument between Nicole and Faye in the last month or so of Nicole's life?
Didn't you overhear an argument between Nicole and Faye when Nicole called Faye about the fact that she was planning to attend the Sports Spectacular event on July 4
I was not present at that conversation, but I know they they were talking about that. I don't know whether they had an argument, but I know that they didn't that Nicole didn't want us to go with O.J. to the Sports Spectacular.
Wasn't it reported to you that Nicole said that O.J. Simpson was trying to buy her friends?
That was when Nicole talked to Faye, as far as I understand it, where they were going Faye was talking to Nicole that we were going with O.J. to the Sports Spectacular and Nicole was unhappy that we did or that we wanted to.
Isn't it true that after the conversation between Faye and O.J. Simpson about this event, this Sports Spectacular event, that Mr. Simpson called you and asked you what was going on, and you told him that Faye and Nicole had just had a heated conversation; is that true?
And then Faye came on the phone and told Mr. Simpson that Nicole was upset because she thought that he was taking her friends away from her?
I know that O.J. and Faye had that one conversation about that, but I don't know whether Faye and Nicole I don't recall whether they had the conversation.
Did you ever attend a dinner with O.J. Simpson, Nicole, and Faye Resnick where pills were taken away from Faye?
Now, you previously have testified from time to time that Faye Resnick was high at certain points in time. Describe to us how you could tell.
I would come home and there are 15 or 20 cigarettes burning in different ashtrays all over the house, drawers are emptied out on the floor. I would find her half unconscious in the bathtub almost drowning with her mouth hanging in the water. I would find her unconscious in front of the bed. Other times I would find her just running around very upset, frantic in the house.
Not normal conversations. Conversations rather frantic . She carried on those at times. You know, it varied. It depends, I guess, on what types of things she was doing or taking at the time.
At times, yes; at times, no. Like I said, depending on, I assume, what she was taking. There were times when she was
You had never seen her take these things, so you are just going on what she looked like; right?
What she was conducting herself like. Sometimes she would be just sluggish and other days she was frantic and other days she was unconscious so...
Supposedly I was having different affairs, constantly. I was taking money away from her. I was not giving her her freedom. I was not buying her a car. I was not getting married to her. I was not liking her friends. I was not like you name it, every day it was something different.
KEY QUOTEI don't know whether she was high when she wrote the book. I know she was under the influence at those dinners.
I am saying something that you know for a fact that she made up invented, it didn't happen, when she was high?
By the way, before we go off the record, though, Ms. Reporter, I would like you to let him put those notes in the right order. So if you could remove the staple. This is Exhibit 172. I would like you to put those notes in the right order.
And if Mr. Reichardt mails you a copy of that bank statement that you requested, will you make that available to all the other attorneys so he does not have to send one to all of them.
I think that is the only thing that you still want is that correct? is that bank statement?
While he is looking through those notes, what we will do is put on the same stipulation that we have been using for the other witnesses, which is that the witness can sign this under penalty of perjury; the court reporter is relieved of her statutory duties under the Code; the original transcript will go to you; the witness will have 30 days from your receipt in which to review and sign it, and if necessary, make any changes, though the witness is admonished that those changes, if he does make any, could have an adverse effect on his credibility.
Could. You will return the transcript to me within 30 days. If we do not get a transcription to you within 30 days, then a copy may be used in lieu of the original in the form transcribed. Is that acceptable?
You know what, why don't you number them. For the record, this is Exhibit No. 172 starting with your handwritten notes. Why don't you put numbers at the top.
And also before we go off the record, may I have a stipulation from you, Mr. Rubalcava, that the originals of these materials will be preserved, they will not be tampered with, destroyed, or discarded
And they will not be changed or modified, and they will be made available to us at the time of trial?
Yes. When we get close to trial I don't know what your date is for trial and I don't know when
We may have some conflict. I don't know how long your trial is going to go and I have no idea
Given Mr. Reichardt's deposition testimony, we will very likely want him as a witness, so we will let you know.
Because there will be some schedule conflicts potentially, and we want to make sure we know what they are early on.
I would find her half unconscious in the bathtub almost drowning with her mouth hanging in the water. I would find her unconscious in front of the bed.
I told her that there are a number of things in there that I know not to be the truth.
Do they really say these things. Sorry.
Supposedly I was having different affairs, constantly. I was taking money away from her. I was not giving her her freedom... like you name it, every day it was something different.
Is it just a coincidence that both you and he give almost verbatim accounts word by word of that conversation?