📄 Opening statement — Baker (part 4) — Thursday, October 24, 1996
Address:
C:\DEPT103\CIVIL\1996\OCT\24\OPENING-STATEMENT-BAKER-PART-4.DOC
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▲ Day 2 of 57

Opening statement — Baker (part 4)

Date: Thursday, October 24, 1996 • Utterances: 8
Baker continues his closing argument detailing the early morning entry into Simpson's Rockingham estate, focusing on the detectives' stated justification for going over the wall and the subsequent discovery of the bloody glove by Fuhrman. Baker highlights that Vannatter's search warrant affidavit falsely stated Simpson had left on an unscheduled flight, and emphasizes that Fuhrman searched the premises alone, with no witness, before returning to report finding the glove.
1 (The following proceedings were held in open court in the presence of the jury:)
2 MR. BAKER:

As I was suggesting, ladies and gentlemen, neither Phillips, Vannatter nor Lange will testify to seeing any blood spots on a door seal.

And so based upon that piece, if that's all they saw, if they weren't in the car, based upon that Mr. Vannatter, after conferring with Detective Fuhrman said, and I want to get this right, we believe that the Simpson's house may be an extension of the crime scene where someone could be hurt or killed.

Mark -- Strike that. There is other testimony, there being people hurt or killed in the house and the testimony will be that based upon this Mark Fuhrman goes over the wall into Mr. Simpson's estate. He then opens the gate on Ashford and let's the other three officers in.

You will hear testimony from Philip Vannatter that at this time we're about 5:45 in the morning. He said, he said O.J. Simpson was no more a suspect than you are, Mr. Shapiro. And Bob Shapiro was Mr. Simpson's criminal lawyer in the preliminary hearing. And the testimony, and what you will here is that Mr. Simpson was a suspect. He was the only suspect and they went in.

They went to his front door. They rang his door bell and of course, nobody's home. Mr. Simpson's on a plane to Chicago. His housekeeper has the night off.

So they -- Phil, have you got that other one? The one the diagram of the house showing the floor of it? (Counsel displays photo).

3 THE COURT:

What' this stuff?

MR. P. BAKER: Those are the two photos.

4 MR. BAKER:

Okay. I'm sorry. Thanks. They come in the driveway, go to the front door. When they find that no one answers the front door, they go around and there is a walkway that goes all the way around, patio area, concrete area and down here is this, is the office. This is Mr. Kaelin's room back here.

They go down there and they knock on Kato Kaelin's door. He comes to the door and he disheveled. It's early in the morning and Mr. Kaelin isn't an early riser apparently and they introduce themselves as police officers and he says, what's wrong. Has O.J.'s plane gone down? They knew instantly that O.J. Simpson was on an airplane and they questioned him more and they knew he was going to Chicago and they knew he was on a scheduled flight.

The reason that's important is because Phil Vannatter subsequently puts in a request for a search warrant that Mr. Simpson had left down an on an unscheduled flight to Chicago an absolute untruth.

5 MR. PETROCELLI:

Argument, Your Honor. Move to strike.

6 THE COURT:

Overruled.

7 MR. BAKER:

Then what occurs is Mark Fuhrman starts interrogating Kato Kaelin and he asked to look at his clothes. He asked to look at his shoes and he gives him a stigmas test which is putting lights in the eye to see if Kato Kaelin has been using drugs. The other three detectives, after they learn that Arnelle Simpson is in the adjacent room down the house.

They leave Fuhrman with Kato Kaelin and you'll hear testimony from Mr. Kaelin's, he then interrogated more by Fuhrman. Fuhrman goes into the bathroom in the place, looks all around and he hears about the three thumps that have become well known.

Now, about this time Arnelle and the other three detectives are coming back towards the house and Arnelle does not know where her father is. Knows he's gone out of town, but doesn't know the particular whereabouts that he's taking in Chicago. And they go in the house to find Cathy Randa, his assistant, who knows his whereabouts and keeps his schedule and his itinerary when he travels and they go in there and then another interesting thing happens.

Mark Fuhrman, who's been interrogating Kato Kaelin doesn't interrogate him any more. He has Phil Vannatter interrogate Kato Kaelin and he leaves and goes out to search the premise.

To find out where these thumps came from. Now, mind you, this person, along with Mr. Vannatter, felt there was an emergency and people could be killed, dying inside, bleeding to death. It was an emergency. He goes out by himself. There is nobody that can vouch for where he was.  Wherever he goes, we know that he doesn't draw his gun. He doesn't ask for a back up. He goes all by himself.

And 15 minutes later, he comes back and he reports finding a bloody glove in a two foot wide concrete walkway basically where Kato Kaelin said he heard the thumps.

Is this a good place, Your Honor.

8 THE COURT:

Okay. Ten minutes recess, ladies and gentlemen.

Temperature

tense

Key Quotes (3)

Robert Baker
Phil Vannatter subsequently puts in a request for a search warrant that Mr. Simpson had left down an on an unscheduled flight to Chicago an absolute untruth.
Direct accusation that Vannatter lied in a sworn search warrant affidavit — central to the defense theory of a tainted investigation.
Robert Baker
He said, he said O.J. Simpson was no more a suspect than you are, Mr. Shapiro.
Baker flags Vannatter's famous claim that Simpson was not a suspect as contradicted by the circumstances — they went straight to his house with no other leads.
Robert Baker
He goes out by himself. There is nobody that can vouch for where he was. Wherever he goes, we know that he doesn't draw his gun. He doesn't ask for a back up. He goes all by himself. And 15 minutes later, he comes back and he reports finding a bloody glove.
The heart of the planted-glove argument — Fuhrman had 15 unwitnessed minutes alone on the property before 'discovering' the glove.

Evidence (3)

Informal
Diagram/photo of the Rockingham estate showing floor layout, walkway, patio, office, and Kato Kaelin's room
displayed to jury during argument
Informal
The bloody glove found in the narrow walkway behind Kaelin's room
discussed — location tied to the three thumps Kaelin reported
Informal
Vannatter's search warrant affidavit stating Simpson left on an unscheduled flight
challenged as false

Notable Exchanges (1)

Robert BakerDaniel PetrocelliHiroshi Fujisaki
Petrocelli moved to strike Baker's characterization of Vannatter's affidavit as 'an absolute untruth'; Fujisaki overruled.
strategic

Light Moments (2)

Robert Baker
Baker asks his son Phil to retrieve the estate diagram, gets the wrong photos, apologizes — brief fumble in front of the jury.
Robert Baker
Baker notes Kato Kaelin 'isn't an early riser apparently' when describing his disheveled state at 5:45 AM.

Credibility Attacks (2)

⚔ Philip Vannatter
prior inconsistent statement / false official document
Baker argues Vannatter told Shapiro that Simpson was 'no more a suspect than you are' while simultaneously treating him as the only suspect, and then swore in a search warrant affidavit that Simpson fled on an unscheduled flight — which Baker calls 'an absolute untruth.'
⚔ Mark Fuhrman
opportunity and lack of witness
Baker stresses that Fuhrman left Kaelin's interrogation under his own initiative, searched the grounds alone for 15 minutes with no backup and no witness, and then emerged reporting the bloody glove — laying the groundwork for the planted-evidence argument.

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 8013 • 8 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 24, 1996 📄 Opening statement — Baker (par
OCT 24, 1996 KRT DvH TD