📄 Opening statement — Marcia Clark (afternoon, part 1) — Tuesday, January 24, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\24\OPENING-STATEMENT-MARCIA-CLARK.DOC
TRIAL
▲ Day 5 of 167

Opening statement — Marcia Clark (afternoon, part 1)

Called by: Prosecution • Date: Tuesday, January 24, 1995 • Utterances: 47
Marcia Clark resumes her opening statement after lunch, methodically walking the jury through the timeline of the night of the murders using diagrams and photographs. She traces Allan Park's (the limo driver) movements at Rockingham, establishing that OJ's Bronco was absent at 10:39 p.m. and that OJ himself was unaccounted for during the critical window, then narrates Kato Kaelin's experience hearing three loud thumps on his wall at 10:45, and OJ's suspicious behavior with a small dark bag he insisted on handling himself. Clark concludes by showing the jury crime scene photographs of Nicole Brown Simpson and Ron Goldman, vividly describing how Ron was 'backed into a cage' with nowhere to flee.
1 MS. CLARK:

THANK YOU, YOUR HONOR.

OPENING STATEMENT (RESUMED)

2

BY MS. CLARK:

3 THE JURY:

GOOD AFTERNOON.

4 MS. CLARK:

I FORGOT TO INTRODUCE A VERY IMPORTANT MEMBER OF OUR TEAM, AND I SINCERELY APOLOGIZE FOR THAT. JONATHAN FAIRTLOUGH, WHO IS A NEW MEMBER OF OUR OFFICE, AND HE DOES ALL THE TECHNICAL WORK YOU ARE SEEING HERE AND I WOULDN'T HAVE A CLUE HOW TO OPERATE THESE THINGS. WITHOUT HIM I AM IN SERIOUS TROUBLE. I HOPE YOU ALL HAD A VERY GOOD LUNCH. LET ME REMIND YOU WHERE WE LEFT OFF SO THAT WE CAN PICK UP FROM THERE. WE WERE TALKING ABOUT THE TIMING AND I WAS DISCUSSING WITH YOU THAT KATO HAD LAST SEEN THE DEFENDANT AT 9:35 AT ROCKINGHAM AND THAT IT WAS AFTER 11:00 BEFORE HE SAW HIM AGAIN, SO HE SAW THE DEFENDANT AT 9:35, DID NOT SEE HIM AGAIN UNTIL AFTER 11:00, AND DURING THAT PERIOD OF TIME THE DEFENDANT'S WHEREABOUTS ARE UNACCOUNTED FOR. NOW, LAST I SPOKE TO YOU KATO WAS ON THE PHONE WITH HIS GIRLFRIEND, RACHEL FERRARA. AT THAT TIME -- AT THAT SAME TIME THAT HE WAS ON THE TELEPHONE, AND THIS WAS PROBABLY 10:00 TO 10:15, ALLAN PARK, A LIMOUSINE DRIVER, WAS ON HIS WAY TO ROCKINGHAM TO PICK UP THE DEFENDANT TO TAKE HIM TO THE AIRPORT WHERE HE WOULD TAKE HIS FLIGHT AT 11:45 TO CHICAGO. NOW, ALTHOUGH HIS INSTRUCTIONS WERE TO ARRIVE AT ROCKINGHAM AT 10:45, HE HADN'T BEEN IN THE BRENTWOOD AREA BEFORE AND HE DIDN'T WANT TO BE LATE, SO HE LEFT EARLY AND HE ARRIVED AT ROCKINGHAM AT 10:25. NOW, I'M GOING TO USE THE DIAGRAM AGAIN.

5 (BRIEF PAUSE.)
6 MS. CLARK:

WHEN ALLAN PARK PULLED UP ON ASHFORD STREET HE PARKED ACROSS THE STREET FROM THE DEFENDANT'S RESIDENCE, GOT OUT OF HIS CAR, SAT BEHIND IT ON THE CURB AND HAD A CIGARETTE. HE GOT BACK IN HIS CAR AT ABOUT 10:30, SAT IN HIS CAR FOR A FEW MINUTES LISTENING TO THE RADIO. AND AT 10:35 HE DECIDED THAT HE WOULD GO AND LOOK AT THE ROCKINGHAM GATE TO SEE IF THAT DRIVE IN WOULD BE EASIER FOR HIM THAN THE ASHFORD STREET GATE. WHAT I SHOULD TELL YOU RIGHT HERE IS THAT HE WAS DRIVING A STRETCH LIMOUSINE AND THAT HAS A VERY HARD TIME MAKING TIGHT CURVES. HE WANTED TO BE ABLE TO PULL UP IN FRONT OF THE FRONT DOOR TO AN AREA THAT WOULD BE EASIER TO LOAD THE BAGGAGE, SO HE WANTED TO SEE IF THE ROCKINGHAM ENTRANCE WOULD BE MORE EASY FOR HIM THAN THE ASHFORD STREET ADDRESS. SO HE DECIDED TO PULL DOWN TO ROCKINGHAM. HE PULLED THE LIMOUSINE DOWN TO ROCKINGHAM, ALL THE WAY DOWN TO THE POINT WHERE THE DRIVER'S SIDE WINDOW WOULD BE PARALLEL WITH THE ROCKINGHAM GATE, SO HE COULD LOOK INSIDE. NOW, IN DOING THAT HE HAD TO PASS RIGHT BY THE CURB AREA JUST NORTH OF THE ROCKINGHAM GATE AND WHAT HE NOTICED WHEN HE PULLED TO THAT AREA THAT WAS RIGHT IN HIS FIELD OF VIEW IS THAT THERE WAS NO CAR PARKED THERE, NO WHITE FORD BRONCO, AND IT WAS 10:39. THAT IS VERY IMPORTANT. WE WILL COME BACK TO THAT AGAIN. HE LOOKED DOWN THE DRIVEWAY AND HE SAW THAT THAT LOOKED LIKE A TIGHTER TURN EVEN THAN ASHFORD, SO HE BACKED THE LIMOUSINE UP ROCKINGHAM AVENUE AND MADE A LEFT TURN ONTO THE ASHFORD STREET AND PULLED RIGHT UP TO THE ASHFORD GATE. WHEN I SAY HE PULLED RIGHT UP TO THE ASHFORD GATE, ON THIS PHOTOGRAPH YOU SEE THE ASHFORD GATE OF THE DEFENDANT'S RESIDENCE. HE ACTUALLY HAD THE GRILLE OF THE CAR ALMOST TOUCHING THE GATE FACING INWARD TOWARD IT.

7 THE COURT:

WHICH PHOTOGRAPH IS THIS?

8 MS. CLARK:

I THOUGHT WE GAVE THE COURT --

9 MR. FAIRTLOUGH:

IT IS P-29, YOUR HONOR.

10 THE COURT:

ALL RIGHT. THANK YOU.

11 MS. CLARK:

YOUR HONOR, SO THE COURT WON'T HAVE TO INQUIRE AFTER EVERY PHOTOGRAPH, WE HAVE GIVEN A LIST TO THE COURT FOR EACH AND EVERY ONE.

12 THE COURT:

WELL, I THINK YOU SHOULD MAKE THE RECORD, COUNSEL. YOU SHOULD TELL US WHICH THIS IS. BECAUSE THE CLERK HAS THE LIST. SHE CAN'T SEE DIRECTLY THE VIDEO, SO YOU NEED TO TELL ME WHICH VIDEO -- WHICH GRAPHIC YOU ARE USING.

13 MS. CLARK:

VERY WELL, YOUR HONOR. I WILL ASK THAT JONATHAN FAIRTLOUGH BE ALLOWED TO.

14 THE COURT:

ALL RIGHT.

15 MS. CLARK:

THANK YOU, YOUR HONOR. NOW, WHEN ALLAN PARK PULLED BACK TO THE ASHFORD GATE PARKING UP AGAINST IT FACING INTO THE DRIVEWAY, HE LOOKED AT HIS WATCH AND IT WAS 10:40 P.M. AT THAT POINT -- AT THAT POINT HE DECIDED TO GO AND RING THE BUZZER. I WANTED TO SHOW YOU SOMETHING ELSE ON THIS SO YOU WILL KNOW WHAT I'M TALKING ABOUT WHEN I SAY RING THE BUZZER. I'M GESTURING WITH THIS RED LIGHT. YOU CAN SEE RIGHT HERE, THAT IS THE CALL BOX, (INDICATING), WHERE HE WILL BE PRESSING THE BUZZER, AND IT RINGS INSIDE THE HOUSE. THE PERSON INSIDE CAN THEN PRESS A BUTTON TO OPEN THE GATE. AT 10:40 HE BEGAN TO RING THE BUZZER. HE COULD HEAR IT SOUND, BUT THERE WAS NO ANSWER. THERE WERE LIGHTS ON IN THE UPSTAIRS. ONE LIGHT ON UPSTAIRS. THERE WERE NO LIGHTS ON DOWNSTAIRS. IT SEEMED TO HIM LIKE NO ONE WAS HOME AND HE WAS A LITTLE WORRIED ABOUT THAT, SO HE DECIDED TO PAGE HIS BOSS AND FIND OUT IF PERHAPS THE PLANS HAD CHANGED. AT 10:43 HE PAGED HIS BOSS. HE WAS THEN WORRIED THAT PERHAPS THE PAGE DIDN'T GO THROUGH, SO AT 10:49 HE CALLED HIS BOSS AT HOME, BUT THERE WAS NO ANSWER. HE THEN GOT OUT AND PUSHED THE BUZZER AT THE ASHFORD GATE A FEW MORE TIMES. STILL GOT NO ANSWER. NOW, DURING THIS PERIOD OF TIME KATO IS STILL IN HIS ROOM ON THE PHONE WITH HIS GIRLFRIEND RACHEL. NOW, WHAT I HAVEN'T EXPLAINED TO YOU YET, THIS AREA HERE SHOWN, (INDICATING), THIS IS THE SOUTHERN BORDER OF THE DEFENDANT'S PROPERTY. THIS IS A WALKWAY HERE, BUT IT IS NOT LIKE A WALK, IT IS VERY NARROW AND IT IS VERY DARK, JUST A FEW FEET WIDE. IT IS COVERED WITH LEAVES AND IT HAS THE SHRUBBERY THAT IS INDICATED HERE IS ACTUALLY FROM THE NEIGHBOR'S YARD AND THERE IS A CHAINLINK FENCE AND THE SHRUBBERY IS RIGHT UP AGAINST IT AND IT OVERHANGS THE WALK TO MAKE IT VERY DARK. HERE YOU CAN SEE WHAT IS INDICATED AS AN AIR CONDITIONER, I DON'T KNOW IF YOU CAN ALL READ IT, BUT THAT IS WHAT IS WRITTEN HERE, THIS LITTLE BLACK BOX HERE. THIS AIR CONDITIONER ACTUALLY HANGS OVER THE WALKWAY QUITE A BIT. IT IS AN AIR CONDITIONER THAT IS SET INTO KATO'S WALL, SO YOU CAN SEE THE AIR CONDITIONER ON THE INSIDE AND THEN IT HANGS OUTSIDE THE WALL, OUTSIDE THE HOUSE OVER THAT WALKWAY, SO THAT THIS WALL OF KATO'S ROOM FACES ONTO THE SOUTH WALKWAY. THERE IS NO ENTRY OR EXIT THERE. HE CAN'T GO OUT THAT WAY. IF HE WANTS TO EXIT HIS ROOM HE HAS TO EXIT THROUGH THE DOORS THAT ARE RIGHT HERE, LIKE SHUTTERED DOORS, LIKE SHUTTERS, DOOR-LIKE SHUTTERS, AND HE GOES OUT THROUGH THOSE SHUTTERED DOORS TO THE POOL AREA AND THAT IS HOW HE EXITS. SO ON THAT NIGHT HE IS ON THE PHONE WITH HIS GIRLFRIEND RACHEL.

16 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
17 MS. CLARK:

OKAY. WHAT IS INDICATED HERE --

18 MR. FAIRTLOUGH:

P-4.

19 MS. CLARK:

WHAT IS INDICATED HERE IS THE AREA I HAVE JUST DESCRIBED TO YOU. YOU SEE THE SHRUBBERY FROM THE NEIGHBOR'S YARD AND THE CHAINLINK FENCE AND THIS IS THE AIR CONDITIONER RIGHT HERE THAT I'M CIRCLING. THAT AIR CONDITIONER IS TO KATO'S ROOM AND IT IS SET INTO THE WALL. YOU CAN SEE HOW DARK AND NARROW IT IS. THIS IS A SHOT TAKEN DURING THE DAYTIME. AT 10:45 KATO IS TALKING TO HIS GIRLFRIEND RACHEL WHEN SUDDENLY HE HEARD ON THE WALL WHERE THE AIR CONDITIONER WAS THREE LOUD THUMPS. THE THUMPS WERE SO LOUD THAT A PICTURE ON THAT WALL ACTUALLY MOVED. KATO WAS ALARMED. HE ASKED RACHEL, "HAVE WE HAD AN EARTHQUAKE?" WHEN SHE SAID SHE HADN'T FELT ANY, HE BECAME EVEN MORE ALARMED AND THEN HE WONDERED IF THERE MIGHT BE A PROWLER, SOMEBODY TRYING TO BREAK IN, BECAUSE IF IT WASN'T AN EARTHQUAKE, THAT IS WHAT IT HAD TO BE. HE WAS WORRIED ABOUT THE SOUND HE HAD HEARD. HE WAS WORRIED ABOUT THOSE THUMPING NOISES AND SO HE DECIDED THAT EVEN THOUGH HE WAS AFRAID AND IT WAS LATE AT NIGHT AND DARK HE SHOULD GO AND SEE WHAT THE CAUSES OF THOSE NOISES MIGHT BE. A FEW MINUTES LATER HE HUNG UP WITH RACHEL AND WENT OUT OF HIS ROOM TO GO AND LOOK.

20 MR. FAIRTLOUGH:

P-6.

21 MS. CLARK:

THIS IS A PICTURE OF KATO'S ROOM. RIGHT UP HERE WHERE I'M INDICATING, THAT IS THE AIR CONDITIONER IN THE WALL. THE PART OF THE WALL THAT YOU CAN'T SEE IN THIS PHOTOGRAPH, WHICH WOULD BE ACTUALLY OVER HERE, (INDICATING), THE OPPOSITE SIDE OF THE BED, IS WHERE THE PICTURE WAS HANGING THAT MOVED WHEN THE THUMPS WERE MADE. AND NOW, THE SHUTTERED DOORS I REFERRED TO, YOU CAN SEE THEM HERE AT THE LEFT EDGE OF THIS PHOTOGRAPH. YOU SEE THEM BETTER HERE. THIS IS TAKEN FROM THE HEAD OF THE BED FACING OUTWARD. THESE ARE THE SHUTTERED DOORS THAT LEAD OUT TO THE POOL AREA.

22 MR. FAIRTLOUGH:

P-5.

23 MS. CLARK:

HE WALKED OUT OF THOSE SHUTTERED DOORS AND OUT THROUGH THE POOL AREA COMING OUT ONTO THE SIDE DOOR THAT BORDERS ASHFORD STREET. WHEN HE CAME OUT TO THAT SIDE YARD HE SAW THE LIMOUSINE THAT WAS PULLED UP TO THE ASHFORD GATE, BUT HE FIGURED THAT THE DEFENDANT HAD ALREADY MADE CONTACT WITH HIM, WAS ABOUT TO LET HIM IN ANYWAY AND DIDN'T PAY ANY FURTHER ATTENTION, BECAUSE HE WAS VERY DISTRACTED BY WHAT THE CAUSE OF THOSE NOISES MIGHT BE. NOW, WITH HIM HE HAD A LITTLE DIM FLASHLIGHT THAT HE WAS GOING TO USE TO TRY AND SEE WHAT WAS GOING ON BACK THERE IN THE DARK. IN THE MEANTIME, JUST BEFORE KATO CAME OUT ONTO THE SIDE YARD, ALLAN PARK WAS STANDING AT THE ASHFORD GATE RINGING THE BUZZER, STILL GETTING NO ANSWER. FINALLY HE HEARD THE CAR PHONE RINGING INSIDE HIS CAR AND IT WAS 10:52. HE HAD STILL RECEIVED NO ANSWER TO THE BUZZING AT THE ASHFORD GATE, GOT BACK INTO THE CAR AND SPOKE TO HIS BOSS, TELLING HIS BOSS "I DON'T THINK ANYBODY IS HOME. WHAT SHALL I DO?" HIS BOSS TOLD HIM TO WAIT A LITTLE LONGER. AND WHEN HE HAD BEEN SPEAKING TO HIS BOSS FOR THREE MINUTES HE SAW KATO COMING OUT THE SIDE YARD WITH HIS LITTLE FLASHLIGHT. ALMOST SIMULTANEOUSLY SEEING KATO IN THE SIDE YARD, HE SAW A PERSON SIX FOOT TALL, 200 POUNDS, WEARING ALL DARK CLOTHING, AFRICAN AMERICAN, WALK QUICKLY UP THE DRIVEWAY AND INTO THE FRONT DOOR ENTRANCE. IMMEDIATELY AS THAT PERSON ENTERED THE HOUSE THE DOWNSTAIRS LIGHTS WENT ON. ALLAN PARK HUNG UP THE PHONE AND WALKED OVER TO THE ASHFORD GATE AND BUZZED AGAIN. THIS TIME HE GOT AN ANSWER AND THE DEFENDANT SAID -- A VOICE SAID -- THAT ALLAN COULD RECOGNIZE AS THE DEFENDANT'S, THE DEFENDANT SAID, "SORRY, I OVERSLEPT. I JUST GOT OUT OF THE SHOWER. I WILL BE DOWN IN ONE MINUTE." NOW, KATO WHO WAS DISTRACTED BY THE POSSIBILITY OF A PROWLER, WASN'T LOOKING TO SEE IF ANYONE WAS COMING AND DIDN'T SEE, AND ALTHOUGH ALLAN PARK COULD NOT SEE WELL ENOUGH AT THE TIME THE PERSON ENTERED THE HOUSE TO IDENTIFY WHO IT WAS, CLEARLY THAT WAS THE DEFENDANT. NOW, WHILE ALLAN WAS STANDING AT THE GATE SPEAKING TO THE DEFENDANT ON THE INTERCOM, KATO DECIDED TO WALK AROUND TO THE SOUTH SIDE OF THE GARAGE AND HE WAS GOING TO ATTEMPT TO GO DOWN THAT NARROW WALKWAY TO SEE WHAT HAD HAPPENED, BUT WHEN HE ACTUALLY GOT BACK TO THIS CORNER OF THE GARAGE WITH THIS LITTLE DIM FLASHLIGHT, IT WAS VERY DARK AND HE WAS SCARED SO HE DECIDED NOT DO AND HE CAME BACK AROUND. WHEN HE CAME BACK AROUND HE REALIZED THAT THE LIMO DRIVER WAS STILL OUTSIDE THE GATE, SO EVEN THOUGH THE DEFENDANT HAD SPOKEN TO HIM AND SAID HE WAS COMING DOWN, HE DID NOT OPEN THE GATE FOR HIM. KATO HAD TO GO AND OPEN THE GATE. HE OPENED THE GATE AND HE LET HIM PULL IN. AS SOON AS ALLAN PARK PULLED THE LIMOUSINE INTO THE DRIVEWAY, KATO, WHO WAS STILL VERY WORRIED ABOUT THE SOUNDS, STARTED TALKING TO HIM, TELLING HIM HE HAD HEARD THE THUMPS ON HIS WALL, HIS PICTURE MOVED, HE THOUGHT IT MIGHT BE A PROWLER OR MAYBE IT WAS AN EARTHQUAKE, HAD ALLAN FELT AN EARTHQUAKE. ALLEN SAID, "NO, I HAVEN'T." KATO WAS VERY NERVOUS, BUT NOW WITH ALLAN PULLED INTO THE DRIVEWAY AND INSIDE THE GROUNDS, HE FELT A LITTLE SAFER, SO KATO DECIDED TO GO BACK TO THE AREA AND TRY AND CHECK OUT THE SOUNDS AND WHAT HAD CAUSED THEM. WHEN HE WENT BACK TO THE SOUTH SIDE OF THE GARAGE, HE WENT THROUGH A FIRST GATE THAT BASICALLY YOU JUST LIFT AND PUSH AGAINST THE WALL, IT IS NOT A LOCKING GATE, WENT UP AS FAR AS A SECOND GATE, BUT COULDN'T SEE ANYTHING. IT WAS STILL DARK, THE FLASHLIGHT WAS VERY DIM AND HE DECIDED TO COME BACK. HE WAS STILL TOO AFRAID TO GO BACK THERE BY HIMSELF. KATO CAME BACK OUT AROUND THE GARAGE, AND WHEN HE CAME OUT HE SAW THAT THE DEFENDANT HAD COME OUT OF THE HOUSE BY THAT TIME. THE DEFENDANT WAS NOW WEARING A LIGHT BLUE DENIM SHIRT AND LIGHT BLUE DENIM JEANS. AS HE CAME OUT KATO ALSO NOTICED THAT THERE WAS A SMALL DARK BAG PLACED NEAR WHERE THE ROLLS ROYCE -- EXCUSE ME -- THE BENTLEY WAS PARKED. REMEMBER I TOLD YOU THE DEFENDANT PARKED HIS BENTLEY THIS WAY, (INDICATING), FACING OUT TOWARD ROCKINGHAM. HE COULD SEE THAT THERE WAS A SMALL DARK BAG ON THE GRASS NEAR THAT BENTLEY. WHILE THEY WERE -- IT WAS ALLAN PARK AND KATO WHO WERE LOADING ALL OF THE BAGS INTO THE LIMOUSINE, AND WHILE THEY WERE LOADING THE BAGS INTO THE LIMOUSINE KATO SPOKE AGAIN OF THE THUMPS THAT HE HAD HEARD, AND BEING WORRIED THAT IT WAS A PROWLER, THINKING IT MIGHT HAVE BEEN AN EARTHQUAKE, HOPING IT WAS AN EARTHQUAKE, SO HE ASKED THE DEFENDANT FOR A BETTER FLASHLIGHT SO HE COULD GO AROUND TO THE BACK AREA AND CHECK OUT THE SOURCE OF THOSE SOUNDS AGAIN. HE AND THE DEFENDANT THEN WALKED INTO THE HOUSE VERY BRIEFLY, BUT THEN THE DEFENDANT SAID, "OH, IT IS LATE, I GOT TO GO" AND CAME BACK OUT. WHILE THEY WERE LOADING THE BAGS KATO OFFERED TO GO AND GET THAT SMALL DARK BAG ON THE GRASS AND PUT IT IN THE CAR FOR THE DEFENDANT. UNLIKE ANY OF THE OTHER BAGS, THE DEFENDANT SAID, "NO, NO, NO, I WILL GO GET THEM." HE WENT AND GOT THE BAG. THE DEFENDANT GOT THE BAG, AND PUT IT INTO THE CAR. NOW, THE DEFENDANT DID NOT GIVE KATO A BETTER FLASHLIGHT, AND WHEN HE LEFT, ALTHOUGH KATO STILL SEEMED CONCERNED ABOUT THE THUMPS, THE DEFENDANT SEEMED RELATIVELY UNCONCERNED. HE GOT INTO THE LIMOUSINE AND THEY LEFT FOR THE AIRPORT AT APPROXIMATELY 11:15.

NOW, LET ME BACK UP FOR A MINUTE. JUST BEFORE HE LEFT, THE DEFENDANT ASKED KATO TO SET THE ALARM. KATO SAID HE DIDN'T WANT TO DO THAT. HE HAD NEVER SET THE ALARM BEFORE. HE DIDN'T KNOW THE CODE AND HE FELT VERY UNCOMFORTABLE WITH THE RESPONSIBILITY. HE TOLD THE DEFENDANT, "NO, I REALLY DON'T WANT TO DO THAT." THE DEFENDANT THEN LEFT. THEY TOOK OUT -- THEY LEFT AT THE ROCKINGHAM GATE AT 11:15. KATO WENT BACK TO HIS ROOM TO CALL BACK HIS GIRLFRIEND, RACHEL FERRARA, AS HE PROMISED TO DO. ON THE WAY TO THE AIRPORT THE DEFENDANT REPEATEDLY COMPLAINED OF BEING HOT. ALLAN PARK COULD SEE THAT HE WAS SWEATING AND HE ROLLED DOWN THE WINDOWS AND TURNED ON THE AIR CONDITIONER. THE TEMPERATURE THAT NIGHT WAS 63 DEGREES. DURING THAT DRIVE TO THE AIRPORT ALLAN COULD SEE THAT THE DEFENDANT WAS MOVING AROUND WITH HIS BAGS IN THE PASSENGER COMPARTMENT, ALTHOUGH HE COULDN'T SEE EXACTLY WHAT HE WAS DOING. THEY ARRIVED AT THE AIRPORT AT 11:30 AND THAT SMALL DARK BAG THAT THE DEFENDANT INSISTED ON PUTTING IN THE CAR HIMSELF WAS NEVER SEEN AGAIN AFTER THE DEFENDANT LEFT FOR CHICAGO. NOW, DURING THE TIME THE DEFENDANT WAS DRIVING TO THE AIRPORT KATO WAS ON THE PHONE AGAIN WITH HIS GIRLFRIEND RACHEL. DURING THAT PHONE CALL THERE WAS A CALL WAITING INTERRUPTION. THE CALL WAS INTERRUPTED BY THE DEFENDANT. THE DEFENDANT TOLD HIM, "I NEED YOU TO SET THE ALARM. I FORGOT TO SET THE ALARM." HE HAD TO GIVE KATO THE SECURITY CODE AND TELL HIM WHERE TO GO AND SET THE ALARM. THERE WAS A KEY PAD OUTSIDE THE FRONT ENTRANCE AT THE FRONT DOOR. NOW, IN THE SIX MONTHS THAT KATO HAD BEEN LIVING THERE, THE DEFENDANT HAD NEVER ASKED HIM TO SET THE ALARM BEFORE, HAD NEVER HAD TO GIVE HIM THE SECURITY CODE BEFORE. THIS WAS THE VERY FIRST TIME THAT HAD EVER HAPPENED. NOW, AT THIS POINT WE KNOW THE FOLLOWING: WE TALKED TO YOU ABOUT THE TIMING AGAIN.

24 (BRIEF PAUSE.)
25 MS. CLARK:

KATO LAST SAW THE DEFENDANT AT 9:35 AS HE WAS STANDING BY THAT BLACK BENTLEY AFTER THEY HAD COME BACK FROM MC DONALD'S. FORTY MINUTES LATER, AT 10:15, WE HEAR NICOLE'S DOG BARKING THAT LOUD INSISTENT BARK THAT WENT ON AND ON AND ON, AND IT WOULD BE SAFE TO ASSUME THAT IT WAS VERY SHORTLY WITHIN THAT PERIOD OF TIME THAT THE MURDERS OCCURRED. WHEN ALLAN PARK DROVE OVER TO ROCKINGHAM AND SAW THAT THE DEFENDANT'S BRONCO WAS NOT THERE AT THE ROCKINGHAM GATE, IT WAS 10:39, AND SO WE KNOW THAT THE DEFENDANT HAD NOT YET RETURNED HOME. THE DRIVE TO ROCK -- BETWEEN ROCKINGHAM AND BUNDY WAS TIMED. TAKING A NORMAL RATE OF SPEED BETWEEN THE HOURS OF 9:30 AND 10:30 AT NIGHT IT TOOK APPROXIMATELY SIX MINUTES, AND JUST SO YOU CAN SEE THE RELATIONSHIP OF THE TWO LOCATIONS, HERE IS NICOLE'S CONDOMINIUM, 875 SOUTH BUNDY, HERE IS THE DEFENDANT'S RESIDENCE, 360 NORTH ROCKINGHAM. (INDICATING).

26 THE COURT:

ALL RIGHT. FOR THE RECORD, THIS IS A BLOW-UP OF A THOMAS BROTHERS MAP?

27 MS. CLARK:

YES, MAP OF BRENTWOOD AREA.

28 THE COURT:

ALL RIGHT.

29 MS. CLARK:

SO AT 9:35, LAST SIGHT OF THE DEFENDANT. FORTY MINUTES LATER AT 10:15 THE DOG IS BARKING, NICOLE'S DOG IS BARKING. AT 10:45, HALF AN HOUR LATER, WE HEAR THE THUMPS ON THE WALL. THIS LEAVES US BETWEEN 9:35 AND 10:45 FOR THE DEFENDANT TO DRIVE FROM ROCKINGHAM TO BUNDY AND BACK, A TOTAL OF TWELVE MINUTES, WHICH LEAVES HIM A FULL HOUR TO COMMIT THE MURDERS. NOW, LET'S GO BACK TO NICOLE'S HOME AT 875 SOUTH BUNDY. NOW, I'M GOING TO SHOW YOU WHAT SUKRU BOZTEPE SAW WHEN NICOLE'S DOG TOOK HIM TO 875 SOUTH BUNDY.

30 MR. FAIRTLOUGH:

P-7.

31 MS. CLARK:

THIS IS THE VIEW FROM THE WALKWAY. THIS IS FROM THE SIDEWALK AREA AT THE END OF THE WALKWAY AT THE FOOT OF THE STEPS. YOU SEE THE BODY OF NICOLE. SHE IS WEARING THE BLACK DRESS THAT SHE WORE AT THE MEZZALUNA THAT NIGHT. OFFICERS RISKI AND TERRAZAS WERE THE FIRST OFFICERS TO ARRIVE AT THE SCENE. THEY GOT THERE AT 12:13. THAT IS 12:13 A.M., SHORTLY AFTER MIDNIGHT. THEY IMMEDIATELY CONTACTED MR. BOZTEPE AND HIS WIFE WHO POINTED TO WHERE THEY HAD SEEN NICOLE. WHAT YOU SEE HERE IS WHAT OFFICERS RISKI AND TERRAZAS SAW WHEN THEY ARRIVED AT THE SCENE. YOU CAN SEE HEAR THE PAW PRINTS --

32 MR. FAIRTLOUGH:

P-8.

33 MS. CLARK:

-- OF A DOG. OFFICER RISKI WILL DESCRIBE TO YOU WHAT IT WAS HE SAW WHEN HE GOT THERE. THEY WERE THE SAME PAW PRINTS, NO SHOEPRINT, ONLY DOG PRINTS UP AND DOWN THIS WALKWAY. IN ORDER NOT TO DISTURB THE BLOOD OR ANY OF THE EVIDENCE, OFFICER RISKI AND TERRAZAS WALKED UP THE SIDE WHERE YOU SEE THE BUSHES NEXT TO THE WALKWAY.

34 MR. FAIRTLOUGH:

P-10.

35 MS. CLARK:

THEY WALKED ALONGSIDE, IT WOULD BE TO THE LEFT SIDE.

36 THE COURT:

MISS CLARK, IF YOU WOULD GIVE ME JUST A MOMENT, BEFORE YOU BRING UP THE NEXT ONE AND LET ME KNOW WHAT IT IS, BECAUSE I INDICATED TO YOU I DO NOT WANT TO LET OUT A VIDEO FEED OF CERTAIN ITEMS.

37 MS. CLARK:

RIGHT, RIGHT.

38 THE COURT:

THANK YOU.

39 MS. CLARK:

OFFICER RISKI WENT ALL THE WAY UP TO THE END OF THE WALKWAY IN THE BUSHES TO WHERE -- TO A POINT WHERE HE WAS ABLE TO SEE AT THAT POINT THAT IT WAS NOT JUST NICOLE, BUT ALSO RON. YOUR HONOR --

40 THE COURT:

YES.

41 MS. CLARK:

-- THIS ONE.

42 MR. FAIRTLOUGH:

P-11.

43 THE COURT:

ALL RIGHT.

44 MS. CLARK:

THANK YOU. YOU SEE HERE RON GOLDMAN AS HE WAS FOUND BY OFFICERS RISKI AND TERRAZAS. NOW, WHAT YOU ARE NOT GOING TO BE ABLE TO SEE IN THESE PHOTOGRAPHS, LADIES AND GENTLEMEN, IS THE FACT THAT NICOLE BROWN'S THROAT WAS HIDEOUSLY SLASHED, AND YOU WILL BE ABLE TO SEE AND THE EVIDENCE WILL SHOW THAT HER MURDER TOOK VERY LITTLE TIME TO ACCOMPLISH. THE SAME GOES FOR RON GOLDMAN. AS A MATTER OF FACT, WHAT YOU WILL BE ABLE TO SEE IN THIS CASE, BUT I WILL DESCRIBE TO YOU NOW, IS THE AREA IN WHICH HE WAS CONFRONTED, THE AREA IN WHICH HE WAS SUDDENLY ATTACKED BY THIS DEFENDANT, IT WAS VERY SMALL. HE WAS LITERALLY BACKED INTO A CAGE WHERE HE HAD NOWHERE TO RUN AND THAT IS HOW HIS MURDER WAS ACCOMPLISHED IN A VERY SHORT AMOUNT OF TIME. YOU CAN SEE THE AREA HE IS IN RIGHT THERE. WHAT YOU CAN'T TELL FROM THESE PHOTOGRAPHS IS HOW SMALL, HOW NARROW THIS AREA REALLY IS. IT IS VERY SMALL. HE'S BORDERED ON ONE SIDE BY THE RUNGS, YOU CAN SEE BY THE FENCE, AND BY THE OTHER AT HIS FEET, YET ANOTHER FENCE. HE IS LITERALLY, LITERALLY BACKED INTO A CORNER. NOW, SO YOU CAN SEE THE RELATIONSHIP AND HOW CLOSE NICOLE AND RON ACTUALLY WERE, I HAVE A DIAGRAM.

45 THE COURT:

CAN WE TAKE THE PICTURE DOWN?

46 MS. CLARK:

YES. WHAT THIS BOARD SHOWS YOU -- AND THIS IS A BOARD, YOUR HONOR, CALLED 875 SOUTH BUNDY DRIVE, DEPICTING ENVELOPE, HAT, GLOVE AND BOTH OF THE VICTIMS -- WHAT THIS SHOWS YOU IS THE RELATIONSHIP BETWEEN THE --

47 THE COURT:

COUNSEL, MAY I SEE YOU AT THE SIDE BAR, PLEASE, WITH THE REPORTER?

Temperature

emotional

Key Quotes (4)

Marcia Clark
ALMOST SIMULTANEOUSLY SEEING KATO IN THE SIDE YARD, HE SAW A PERSON SIX FOOT TALL, 200 POUNDS, WEARING ALL DARK CLOTHING, AFRICAN AMERICAN, WALK QUICKLY UP THE DRIVEWAY AND INTO THE FRONT DOOR ENTRANCE. IMMEDIATELY AS THAT PERSON ENTERED THE HOUSE THE DOWNSTAIRS LIGHTS WENT ON.
Allan Park's sighting places OJ returning home at approximately 10:52 — after the dog began barking at 10:15, squarely within the murder window.
Marcia Clark
UNLIKE ANY OF THE OTHER BAGS, THE DEFENDANT SAID, 'NO, NO, NO, I WILL GO GET THEM.' HE WENT AND GOT THE BAG. THE DEFENDANT GOT THE BAG, AND PUT IT INTO THE CAR.
The small dark bag OJ personally insisted on handling was never seen again after he left for Chicago — a critical piece of circumstantial evidence suggesting it contained bloody clothing or the murder weapon.
Marcia Clark
IN THE SIX MONTHS THAT KATO HAD BEEN LIVING THERE, THE DEFENDANT HAD NEVER ASKED HIM TO SET THE ALARM BEFORE, HAD NEVER HAD TO GIVE HIM THE SECURITY CODE BEFORE. THIS WAS THE VERY FIRST TIME THAT HAD EVER HAPPENED.
OJ's unusual alarm request mid-drive to the airport suggests consciousness of guilt — an out-of-character act immediately after the murders.
Marcia Clark
HE WAS LITERALLY BACKED INTO A CAGE WHERE HE HAD NOWHERE TO RUN AND THAT IS HOW HIS MURDER WAS ACCOMPLISHED IN A VERY SHORT AMOUNT OF TIME.
Clark frames Ron Goldman's killing as deliberate and efficient — premeditated, not a crime of passion or chance encounter.

Evidence (10)

P-29
Photograph of the Ashford Street gate of the defendant's residence
displayed to jury, used to show limo driver's vantage point
P-4
Photograph of the south walkway showing shrubbery, chainlink fence, and Kato's external air conditioner unit
displayed to illustrate how dark and narrow the path behind Kato's room was
P-6
Interior photograph of Kato Kaelin's room showing air conditioner in the wall and shuttered doors to pool area
displayed to orient jury to the thumps Kato heard
P-5
Photograph referenced in context of Kato exiting to the pool area and side yard
displayed
P-7
View from the sidewalk at the foot of the walkway at 875 South Bundy showing Nicole Brown Simpson's body
displayed to jury — first crime scene photograph shown
P-8
Photograph of dog paw prints (and no shoe prints) running up and down the walkway at the crime scene
displayed, used to explain Officer Riski's approach path
+ 4 more

Notable Exchanges (2)

Lance A. ItoMarcia Clark
Judge Ito repeatedly reminded Clark to announce exhibit numbers for the record, as the clerk cannot see the video display directly. Clark proposed having Fairtlough handle the announcements, which Ito allowed.
procedural
Lance A. ItoMarcia Clark
As Clark introduced the crime scene diagram board showing the victims, glove, hat, and envelope, Ito called a sidebar — apparently to screen which images would be allowed on the video feed to the public.
procedural

Light Moments (1)

Marcia Clark
Clark introduced Jonathan Fairtlough, her technical operator, apologizing for forgetting him in the morning session: 'WITHOUT HIM I AM IN SERIOUS TROUBLE.'

Objections

None recorded
Proceeding 4472 • 47 utterances • Prosecution
Criminal Trial
Department 103
⚖️ Start
📂 JAN 24, 1995 📄 Opening statement — Marcia Cla
JAN 24, 1995 KRT DvH TD