Motion: Kato Kaelin recall

📄 Motion: Kato Kaelin recall — Wednesday, December 11, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\11\MOTION-KATO-KAELIN-RECALL.DOC

TRIAL

▲ Day 30 of 57

◀ Motion: Willie Ford video exclusion Motion: Henry Lee deposition ▶

Date: Wednesday, December 11, 1996 • Utterances: 22

Petrocelli objected to the defense recalling Kato Kaelin, arguing that Baker had already been permitted to examine Kaelin far beyond the scope of direct on the condition he would not call him again. Baker countered that Kaelin had made post-testimony public statements contradicting his testimony and that he wanted to examine Kaelin about what Simpson was wearing when he entered the limousine. Fujisaki ruled he would allow 'reasonable examination.'

# 1 MR. PETROCELLI:

Yes, Your Honor.

I just found out yesterday from the defense that they intend to recall Kato Kaelin, who, as Your Honor will recall, was examined by me on direct, over my objection, specifically permitted them to go way, way beyond the scope of my direct, on the representation that he would not be called again.

And they went into areas unrelated to my examination. And I would ask that he not be permitted to be called again.

MR. P. BAKER: Two issues.

# 2 MR. BAKER:

Wait.

MR. P. BAKER: Wait.

# 3 (Counsel Robert Baker and Phil Baker confer sotto voce.)

# 4 THE COURT:

First team, second team.

# 5 MR. BAKER:

You're going to have the second team.

# 6 THE COURT:

Or the third team.

# 7 (Indicating.)

# 8 MR. LEONARD:

Oh, thanks.

# 9 (Laughter.)

# 10 MR. BAKER:

Where are you in this picture?

# 11 (Indicating to Mr. Blasier.)

# 12 MR. BAKER:

Kato Kaelin has made a lot of statements since he left the witness stand that contradict his testimony. And I want to examine him on those statements. I could -- he's never seen a camera -- he's never met a camera he didn't like.

And further, there's an area I want to get into relative to what he has testified Mr. Simpson was wearing when he got into the limousine at approximately 11 o'clock on June 12, 1994. That area has not been gone into at all.

# 13 MR. PETROCELLI:

Your Honor, you released him. They went on and they did what they did.

I don't know what Mr. Kaelin did, but he went over everything he wanted to, plus more. And I don't think he should be recalled again.

# 14 MR. BAKER:

I don't know there's any legal precedent for your motion. Give us some authority that I can't call a witness to the stand.

# 15 MR. PETROCELLI:

Judge Fujisaki is my authority.

KEY QUOTE

# 16 THE COURT:

That's not much authority.

KEY QUOTE

# 17 (Laughter.)

# 18 MR. BAKER:

Don't tempt me, Your Honor.

# 19 MR. PETROCELLI:

I'm just relying on the prior court order, permitting Mr. Baker to take my witness out of order.

# 20 THE COURT:

Okay. I'll give reasonable examination to Mr. Kaelin.

# 21 MR. PETROCELLI:

Okay.

# 22 THE COURT:

Anything else?

Temperature

light

Key Quotes (4)

Daniel Petrocelli

Judge Fujisaki is my authority.

Petrocelli's only legal basis for the motion was the judge's prior discretionary order — a legally thin but strategically direct appeal to the court.

Hiroshi Fujisaki

That's not much authority.

Fujisaki's dry self-deprecating response drew laughter and signaled he wasn't inclined to be bound by his own prior ruling.

Robert Baker

He's never seen a camera -- he's never met a camera he didn't like.

Baker's argument that Kaelin had made extrajudicial statements undermining his testimony — a dig at Kaelin's media-seeking behavior that also previews an impeachment strategy.

Robert Baker

There's an area I want to get into relative to what he has testified Mr. Simpson was wearing when he got into the limousine at approximately 11 o'clock on June 12, 1994.

Signals Baker intends to use Kaelin on the timeline thread — what Simpson wore that night is directly tied to the bloody clothing argument.

Notable Exchanges (2)

Hiroshi Fujisaki•Robert Baker•Phil Baker

Baker team conferred sotto voce about who would argue; Fujisaki quipped about 'first team, second team' as Phil Baker stepped up, then joked about a third team.

light

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli cited 'Judge Fujisaki' as his authority; Fujisaki responded 'That's not much authority,' drawing laughter.

light

Light Moments (3)

Hiroshi Fujisaki

Fujisaki's 'first team, second team' crack as the Baker lawyers sorted out who would argue, followed by 'or the third team'

Hiroshi Fujisaki

Petrocelli claiming 'Judge Fujisaki is my authority,' prompting Fujisaki's self-deprecating 'That's not much authority'

Robert Baker

Baker's 'he's never met a camera he didn't like' characterization of Kaelin

Credibility Attacks (1)

⚔ Kato Kaelin

prior inconsistent statement

Baker argued Kaelin had made numerous public statements since leaving the witness stand that contradicted his trial testimony, and sought to examine him on those statements.

Objections

None recorded

Proceeding 8583 • 22 utterances

Civil Trial

Department 103