The Families v. O.J. Simpson

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Witnesses Contradict Simpson's Testimony
SANTA MONICA, Dec. 4 (Evening) -- O.J. Simpson's former girlfriend, his limousine driver, and his housekeeper took the stand Wednesday afternoon in the civil trial, as the plaintiffs continued their parade of witnesses designed to contradict Simpson's testimony. Leslie Gardner, a wardrobe stylist who bought clothing for the former football star's exercise video, also testified, telling jurors that Simpson did not return any of the dark sweat clothes she bought for him.

Randall Petee, a private investigator hired by the plaintiffs to determine how long it takes to drive between the Bundy and Rockingham residences, will continue his cross-examination Thursday. The plaintiffs are then scheduled to read into the court record notes from Lenore Walker, a defense expert witness who counseled the Simpsons. Deposition testimony from a number of different witnesses, including James Merrill, the Hertz employee who drove Simpson to his hotel from the Chicago airport the night of the murders, is also expected to be presented to the jury. Friday, the plaintiffs are planning to wrap up their case with testimony from Frederic Goldman and Juditha Brown. Sharon Rufo, Ronald Goldman's mother, is also expected to testify by videotape.

Dale St. John, who was Simpson's regular limousine driver -- but not on duty the night of the murders --, was used by the plaintiffs to impeach a number of different statements Simpson made concerning his activities the night of the murders. St. John told jurors he picked up Simpson about 100 times and that he never had to wait at the gate. Allan Park, the limousine driver who picked up Simpson the night of the murders, testified earlier in the trial that he buzzed the intercom a number of times and had to wait for about twenty minutes before Simpson answered the call. Simpson did not buzz him in. Simpson testified that he didn't always buzz in his drivers. But St. John gave a different story.

"Was there ever [an incident] in the more than 100 times you went to pick up Mr. Simpson, when you buzzed at the intercom at the Ashford gate and someone didn't answer your first time buzzing?" lead plaintiffs' attorney Daniel Petrocelli asked.

"No," St. John replied.

The limousine driver also testified that he never saw Simpson's dog Chachi leave the property -- which contradicts Simpson's testimony that he worried about keeping his gates closed because his dog often ran off the property.

Focusing on the Bronco, the plaintiffs had St. John point out that he never saw the car parked on Rockingham Ave as it was on the night of the murders.

On cross-examination, the limousine driver said that it was usually chaotic when he came to pick up Simpson. And although Simpson sometimes answered the buzzer, usually one of his housekeepers picked up the phone. Simpson's housekeeper had the night off on June 12.

Simpson's former girlfriend Paula Barbieri testified by videotape Wednesday afternoon, and said she left Simpson a phone message at 7:00 a.m. on the day of the murders. Although Barbieri did not speak to Simpson again that day, she said he left her about three messages. In one of the messages, Barbieri testified, Simpson said "we were talking the night before about filling the house with babies, and what [is] wrong now." From the gist of Simpson's message, Barbieri said she "assumed" Simpson picked up her message. Simpson, however, repeatedly denied that he heard Barbieri's message before he left to Chicago.

Leslie Gardner, a wardrobe stylist who worked on Simpson's Playboy exercise video, testified that she bought Simpson two dark sweatsuits for the shoot. The plaintiffs contend Simpson wore a dark sweatsuit when he committed the murders; dark fibers were found at the crime scene and Brian "Kato" Kaelin testified that Simpson was wearing one the night of the murders. Simpson told jurors that he never owned a dark sweatsuit.

In court, Gardner identified photographs of Simpson wearing the sweat clothes she bought for him, and said that he never returned them to her. In her line of work, Gardner told the jury, it is standard procedure for the talent to keep all the clothing they use. But on cross-examination, she admitted that she did not know positively if Simpson kept the clothing.

"You have no idea whether Mr. Simpson kept the clothing for his personal use, right?" defense attorney Daniel Leonard asked.

"Correct," Gardner replied.

Outside the courthouse, the pre-Thanksgiving frenzy that accompanied Simpson's testimony has died down. One man carrying a sign for Jesus and one protester, pro-Simpson, greeted the media and several onlookers. He had about a dozen signs spread out on the lawn, several quoting from Mark Fuhrman's racist tape recordings. Another protester, carried a bullhorn and shouted "gold digger" at Fred Goldman as he left court.

-Robert Schmidt
Court TV Law Center

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