📄 Direct examination of Kenneth Berris (part 2) — Thursday, November 7, 1996
Address:
C:\DEPT103\CIVIL\1996\NOV\7\DIRECT-EXAMINATION-OF-KENNETH-.DOC
TRIAL
▲ Day 11 of 57

Direct examination of Kenneth Berris (part 2)

Witness: Kenneth Berris
Examiner: Daniel Petrocelli
Called by: Plaintiff • Date: Thursday, November 7, 1996 • Utterances: 37
Petrocelli reads from the deposition of Kenneth Berris, an investigator who examined room 915 at the O'Hare Plaza Hotel in Chicago. The testimony covers the physical layout of the 9th floor (elevator access and stairwell emergency exits), the entry into the room with hotel manager Peter Phillips, and the condition of the room — described as undisturbed — along with photographs documenting suspected blood spots on the bedding and a ballpoint pen found on the bed.
1 MR. PETROCELLI:

We'll pick it up with page 33, line 1 (Reading:)

"... (sic) Now, when you went upstairs with Detective Bongiorno, you said you were also accompanied by Detective -- by Joseph DiSalvo of the hotel?

"A. No.

"Q. Excuse me. By Peter Phillips, the general manager?

"A. Yes, sir.

"Q. Okay. And describe what happened when you arrived -- was it the 9th floor?

"A. Yes.

"Q. And you walked to room 915?

"A. Yes.

"Q. By the way, on the 9th floor, were there any emergency exits?

"A. Yes, there are.

"Q. The normal passage way to the th floor was the elevator?

"A. Elevator.

"Q. Were there any emergency exits located -- Excuse me -- where were the emergency exits located?

"A. I think at the end of the hallway I believe there is -- there are emergency exit, yes.

"Q. And what were those exits?

"A. I'm sorry. By means of stairs.

"Q. Stairs?

"A. Stairs.

"Q. And those stairs led outside the hotel?

"A. Subsequently at the ground level they would."

2 MR. PETROCELLI:

Page 35, line 2 (reading):

"... (sic) Why don't you describe to us what you did when you arrived at the door of room 915?

"A. Mr. Phillips opened the door for us by means of the card key, and we entered the room or the mini suite of rooms, . Upon entering the room --

"Q. Let me stop you right there."

3 MR. PETROCELLI:

I'm going to need an exhibit, Steve.

4 MR. FOSTER:

For which one?

5 MR. PETROCELLI:

Exhibit 11.

Your Honor, after conclusion of reading this in, we'll give you the new exhibit numbers. These exhibits, for the record, refer to the Berris Deposition Exhibit. (Reading:)

"... (sic) I'm going to show you a photograph of -- that I've marked as Berris exhibit 11 and can you tell me what that photograph depicts?

"A. It's a photograph of the front of O'Hare Plaza hotel showing the hotel's name.

"Q. In the photograph that I just showed you as Berris exhibit 11 was taken by whom?

"A. Taken by crime lab technicians John Stella and John Naujokas. Stella spells his last name S-T-E-L-L-A. Naujokas spells his name N-A-U-J-O-K-A-S.

"Q. And these were photographers working under your direction and control in the course of this investigation?

"A. Yes.

"Q. Okay."

6 (Continued reading as follows:)
7 (Continued reading as follows:)
8 A:

Yes.

9 Q:

Okay. Now, the next photograph which will be marked as Berris exhibit 12 is a photograph of what?"

10 (Photo is displayed in courtroom.)
11 (Continued reading as follows:)
12 (Photo is displayed in courtroom.)
13 (Continued reading as follows:)
14 MR. PETROCELLI:

Line 15, page 38 (reading):

"Q. Describe the condition of that part of the room depicted by exhibit 13 when you observed it?

"A. Not disturbed, not unkempt, not unmade. It seemed to be in the condition it probably would have been if nobody had ever occupied the room.

"Q. And the next exhibit is 14. And can you describe what this photograph depicts?"

15 (Continued reading as follows:)
16 MR. PETROCELLI:

Now, we're -- Now we're going to go to page 40, line 14.

17 (Continued reading as follows:)
18 (Continued reading as follows:)
19 MR. PETROCELLI:

Skipping down to 18. (Reading:)

"... (sic) And that again is the beginning of the bedroom as you walk in, right?

"A. Yes.

"Q. And now let me show you the next exhibit in sequence which is exhibit ."

20 (Continued reading as follows:)
21 MR. PETROCELLI:

And can you read the answer on ?

22 (Continued reading as follows:)
23 (Continued reading as follows:)
24 MR. PETROCELLI:

Your Honor may we dim the lights in the back?

25 (Continued reading as follows:)
26 MR. PETROCELLI:

Could you read it at 14?

27 (Continued reading as follows:)
28 MR. PETROCELLI:

That's line 3 on page 47.

29 (Continued reading as follows:)
30 MR. PETROCELLI:

Going to line 12. (Reading:)

"... (sic) Let me show you what's been marked as Berris exhibit 18. Can you identify it please?

"A. This is another photograph of bedding taken of the bed in room 915, also depicting another spot which after observing it and my experience I suspected it to be blood."

31 MR. PETROCELLI:

Line 24. (Reading:) "Now, exhibit 18 is a picture of bedding on the bed from room 915?

"A. Yes.

"Q. And on that bed there is an object. What is that object?

"A. There's also a pen, ball point pen.

"Q. Was that pen found on the bed when you saw the room for the first time?

"A. Yes.

"Q. In the location where it is depicted in the photograph?

"A. Yes.

"Q. And did you also see on that bed, some red spots?

"A. Yes.

"Q. The spot you're pointing to when you entered the room, how did it appear to you?"

32 MR. PETROCELLI:

Line 6.

33 MR. CALLAN:

Are we on the next page?

34 MR. PETROCELLI:

Yeah.

35 (Continued reading as follows:)
36 (Continued reading as follows:)
37 MR. PETROCELLI:

Your Honor, this would be a good time.

Temperature

procedural

Key Quotes (3)

Berris (via deposition)
Not disturbed, not unkempt, not unmade. It seemed to be in the condition it probably would have been if nobody had ever occupied the room.
Establishes the room appeared unused — relevant to OJ Simpson's claimed Chicago alibi and whether he actually slept there.
Berris (via deposition)
This is another photograph of bedding taken of the bed in room 915, also depicting another spot which after observing it and my experience I suspected it to be blood.
Introduces suspected blood evidence found in the hotel room.
Berris (via deposition)
There's also a pen, ball point pen... Was that pen found on the bed when you saw the room for the first time? Yes.
Documents a specific item found on the bed, potentially corroborating or contradicting the room's 'undisturbed' condition.

Evidence (5)

Berris Exhibit 11
Photograph of the front of O'Hare Plaza Hotel, taken by crime lab technicians John Stella and John Naujokas
introduced and identified
Berris Exhibit 12
Photograph (subject not fully described in transcript)
displayed in courtroom
Berris Exhibit 13
Photograph depicting part of room 915, showing it in an undisturbed condition
introduced and described
Berris Exhibit 14
Photograph (subject not fully described in transcript)
displayed in courtroom
Berris Exhibit 18
Photograph of bedding on the bed in room 915, showing a suspected blood spot and a ballpoint pen
introduced and described

Notable Exchanges (1)

PetrocelliFoster
Brief sidebar about which exhibit number to use before continuing the deposition read
administrative

Objections

None recorded
Proceeding 8191 • 37 utterances • Plaintiff witness
Civil Trial
Department 103
⚖️ Start
📂 NOV 7, 1996 📄 Direct examination of Kenneth
NOV 7, 1996 KRT DvH TD