Direct examination of Kato Kaelin (morning, part 1)

📄 Direct examination of Kato Kaelin (morning, part 1) — Wednesday, March 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\22\DIRECT-EXAMINATION-OF-KATO-KAE.DOC

TRIAL

▲ Day 43 of 167

Witness: Brian "Kato" Kaelin
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, March 22, 1995 • Utterances: 100

This is a continuation of Kato Kaelin's direct examination by Marcia Clark, resumed after an evening adjournment. Clark walked Kaelin through the physical layout of the Rockingham estate, focusing on doors along the south pathway from the main house and garage. The session was largely procedural — establishing which doors existed, whether they were used, and orienting the jury to the property via diagrams and photographs.

# 1 THE COURT:

MR. KAELIN, WOULD YOU RESUME THE WITNESS STAND, PLEASE.

BRIAN KATO KAELIN, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 2 THE COURT:

ALL RIGHT. WHY DON'T YOU PULL THE MICROPHONE CLOSE TO YOU, PLEASE. ALL RIGHT. GOOD MORNING, MR. KAELIN.

# 3 BRIAN "KATO" KAELIN:

GOOD MORNING.

# 4 THE COURT:

YOU ARE REMINDED YOU ARE STILL UNDER OATH, SIR.

# 5 BRIAN "KATO" KAELIN:

YES.

# 6 THE COURT:

MISS CLARK, YOU MAY RESUME WITH YOUR DIRECT EXAMINATION.

# 7 MS. CLARK:

THANK YOU, YOUR HONOR. GOOD MORNING.

# 8

DIRECT EXAMINATION (RESUMED)

# 9

BY MS. CLARK:

# 10 Q:

MR. KAELIN, YESTERDAY YOU WERE EXPLAINING TO US THE LAYOUT OF THE HOUSE, IF YOU RECALL.

# 11 A:

YES.

# 12 Q:

I WOULD LIKE TO GO BACK TO THAT FOR JUST A BRIEF MOMENT.

# 13 THE COURT:

MRS. ROBERTSON, IS THE WATER FRESH? THE WATER IS FRESH.

# 14 Q:

BY MS. CLARK: SHOWING YOU THE DIAGRAM THAT HAS BEEN MARKED AS PEOPLE'S 66 --

# 15 THE COURT:

WOULD YOU LIKE MR. KAELIN TO STEP DOWN?

# 16 MS. CLARK:

YES. THANK YOU, YOUR HONOR.

# 17 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 18 (WITNESS COMPLIES.)

# 19 Q:

BY MS. CLARK: ALL RIGHT. LET ME ASK YOU A COUPLE QUESTIONS. ARE THERE ANY DOORS THAT LEAD OUT ONTO THE SOUTH PATHWAY FROM THE MAIN HOUSE OR GARAGE AREA?

# 20 A:

SOUTH PATHWAY? THIS PATHWAY, (INDICATING)?

# 21 Q:

YES.

# 22 A:

YES.

# 23 Q:

CAN YOU TELL US WHICH ONES THEY ARE?

# 24 A:

THERE IS A LAUNDRY ROOM.

# 25 Q:

UH-HUH.

# 26 A:

I GUESS THAT WOULD BE RIGHT HERE, (INDICATING).

# 27 MS. CLARK:

FOR THE RECORD, THE WITNESS IS INDICATING THE YELLOW ARROW THAT HAS BEEN PLACED BY -- WHERE THERE IS A "V" INDENTATION IN THE MAIN HOUSE. OKAY.

# 28 BRIAN "KATO" KAELIN:

AND THERE IS ONE IN THE GARAGE.

# 29 Q:

BY MS. CLARK: OKAY. DO YOU KNOW WHERE ON THAT SOUTH WALL OF THE GARAGE IT IS?

# 30 A:

IT IS -- THE OPENING HERE, SO IT WOULD BE AROUND HERE, I THINK, (INDICATING).

# 31 Q:

OKAY. IT WOULD BE FARTHER TO THE LEFT OF THE YELLOW ARROW THAT HAS BEEN PLACED ON THE BOARD RIGHT NOW?

# 32 A:

YES, IF THAT IS WHERE THE CAR WOULD HAVE BEEN RIGHT HERE, (INDICATING).

# 33 Q:

UH-HUH. YOU THINK IT WOULD BE FARTHER TO THE LEFT THAN THAT?

CAN YOU SHOW US APPROXIMATELY WHERE YOU THINK IT WOULD BE?

# 34 A:

I THINK IT WOULD BE RIGHT ABOUT HERE, (INDICATING).

# 35 MS. CLARK:

OKAY. FOR THE RECORD, THE WITNESS HAS POINTED TO THE AREA WHERE THERE IS AN INDENTATION IN THE GARAGE TO THE LEFT OF THE YELLOW ARROW PLACED BY THE GARAGE.

# 36 THE COURT:

THREE OR FOUR INCHES TO THE LEFT.

# 37 MR. SHAPIRO:

MAY I SUGGEST WE MARK THAT?

# 38 MS. CLARK:

I --

# 39 THE COURT:

ALL RIGHT. DO YOU HAVE MY STICKERS?

# 40 MS. CLARK:

I THINK THAT THEY WENT BACK TO YOU.

# 41 THE COURT:

I HAVE DOTS NOW.

# 42 MR. SHAPIRO:

YES, YOUR HONOR, THEY ARE RIGHT HERE. WE ARE GETTING THEM.

# 43 THE COURT:

ALL RIGHT.

# 44 (BRIEF PAUSE.)

# 45 THE COURT:

PERHAPS WE SHOULD LABEL THOSE STICKERS WITH EITHER THE WITNESS' INITIALS AND/OR 1, 2 OR 3.

# 46 MS. CLARK:

WHY DON'T UP PUT IT ON THERE, MR. KAELIN.

# 47 BRIAN "KATO" KAELIN:

JUST RIGHT THERE, (INDICATING).

# 48 MS. CLARK:

ALL RIGHT.

# 49 (WITNESS COMPLIES.)

# 50 MS. CLARK:

THANK YOU. FOR THE RECORD, THE WITNESS -- I'M GOING TO PUT A -- I'M GOING TO PUT THE WITNESS' INITIALS ON THAT ARROW, "B.K." ALL RIGHT. YOU CAN RESUME YOUR SEAT?

# 51 (WITNESS COMPLIES.)

# 52 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 53 Q:

BY MS. CLARK: WITH RESPECT TO THE DOOR THAT YOU INDICATED WAS THE LAUNDRY ROOM, OKAY, THAT DOOR THAT LEADS OUT ONTO THE SOUTH PATHWAY FROM THE LAUNDRY ROOM OF THE MAIN HOUSE, SIR, THAT IS INDICATED BY THE ARROW THAT IS UNMARKED ON THE "B" PART OF THE MAIN HOUSE HERE, ALL RIGHT, WITH RESPECT TO THAT PARTICULAR DOOR, SIR, FIRST OF ALL, DID YOU EVER USE THE LAUNDRY ROOM WHEN YOU WERE LIVING IN THE HOUSE?

# 54 A:

YES.

# 55 Q:

AND DID YOU EVER SEE ANYONE GO IN AND OUT OF THAT DOOR?

# 56 A:

NOT REALLY USED.

# 57 Q:

OKAY. AND DO YOU RECALL WHETHER IT WAS KEPT LOCKED WITH A DEAD BOLT OR SOME OTHER MEANS?

# 58 A:

UMM, I'M NOT SURE.

# 59 Q:

BUT YOU NEVER SAW IT USED?

# 60 A:

I NEVER USED IT. I NEVER REALLY SAW IT USED, NO.

KEY QUOTE

# 61 Q:

WITH RESPECT TO THE GARAGE DOOR --

# 62 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 63 MS. CLARK:

YOUR HONOR, I HAVE FIVE PHOTOGRAPHS. I WOULD ASK -- I'M GOING TO SHOW THEM TO COUNSEL.

# 64 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 65 MR. SHAPIRO:

DO WE NEED THAT BOARD STILL UP, YOUR HONOR?

# 66 THE COURT:

MISS CLARK?

# 67 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 68 THE COURT:

MISS CLARK, ARE YOU GOING TO USE 66 ANY LONGER?

# 69 MS. CLARK:

NO. THANK YOU, YOUR HONOR.

# 70 THE COURT:

ALL RIGHT. LET'S HAVE IT TAKEN DOWN, PLEASE.

# 71 MS. CLARK:

YOUR HONOR, I HAVE A PHOTOGRAPH BEARING THE NUMBERS IN THE LOWER RIGHT-HAND CORNER, 000095. I ASK THAT IT BE MARKED PEOPLE'S 130. AND 000096 IN THE LOWER RIGHT-HAND CORNER OF THE NEXT PHOTOGRAPH, PEOPLE'S 131.

# 72 THE COURT:

ALL RIGHT.

# 73 (PEO'S 130 FOR ID = PHOTO/NO. 000095) (PEO'S 131 FOR ID = PHOTO/NO. 000096)

# 74 MR. SHAPIRO:

YOUR HONOR, WE WOULD OBJECT TO PUTTING THEM ON THE ELMO BEFORE THERE IS A FOUNDATION.

# 75 MS. CLARK:

FINE.

# 76 Q:

MR. KAELIN, WERE YOU EVER INSIDE THE GARAGE OF THE LOCATION 360 NORTH ROCKINGHAM?

# 77 A:

YES.

# 78 Q:

CAN YOU TELL US, PLEASE, SIR, THE -- TO THE BEST OF YOUR RECOLLECTION AT THIS TIME WHAT YOU RECALL SEEING INSIDE THAT GARAGE?

# 79 A:

IF YOU ENTER FROM THE LAUNDRY ROOM DOOR YOU WOULD SEE -- YOU WOULD WALK INTO A WEIGHT SET, WORKOUT CENTER IN THE FRONT, MIRRORS, A CAR WOULD BE PARKED AGAINST THE GARAGE DOOR, THE OPENING.

KEY QUOTE

# 80 Q:

WHAT KIND OF CAR?

# 81 A:

TESTEROSA.

# 82 Q:

WHAT COLOR?

# 83 A:

RED.

# 84 Q:

WAS IT KEPT COVERED OR UNCOVERED?

# 85 A:

USUALLY COVERED.

# 86 Q:

OKAY.

# 87 A:

AND THERE WAS SHELVES WITH, I DON'T KNOW, MAYBE BUCKETS, PAINT MAYBE.

# 88 Q:

A LOT OF STUFF IN THERE?

# 89 A:

YES.

# 90 Q:

NOW, DO YOU RECALL MY ASKING YOU IF THERE WAS A GARAGE DOOR THAT LED OUT TO THE SOUTH PATHWAY IN YOUR MEMORY WHEN WE WERE DISCUSSING THIS CASE IN MY OFFICE?

# 91 A:

YES.

# 92 Q:

DID YOU REMEMBER THAT THERE WAS A GARAGE DOOR INITIALLY?

# 93 A:

NO.

# 94 Q:

AND WHY IS THAT?

# 95 A:

I DIDN'T SEE IT.

# 96 Q:

EVER USE IT?

# 97 A:

NO.

# 98 Q:

EVER SEE ANYONE USE IT?

# 99 A:

NO.

# 100 MS. CLARK:

PEOPLE'S 30 (SIC), I WOULD LIKE YOU TO LOOK AT YOUR MONITOR.

Temperature

procedural

Key Quotes (3)

Kato Kaelin

IF YOU ENTER FROM THE LAUNDRY ROOM DOOR YOU WOULD SEE -- YOU WOULD WALK INTO A WEIGHT SET, WORKOUT CENTER IN THE FRONT, MIRRORS, A CAR WOULD BE PARKED AGAINST THE GARAGE DOOR, THE OPENING.

Kaelin describes the garage interior, establishing physical context for the south pathway and the layout relevant to the night of the murders.

Kato Kaelin

I NEVER USED IT. I NEVER REALLY SAW IT USED, NO.

Kaelin's denial of ever seeing the laundry room door used is relevant to establishing who could have moved through the south pathway unobserved.

Kato Kaelin

I DIDN'T SEE IT.

Kaelin admits he initially didn't remember the garage door leading to the south pathway, which Clark had to remind him of — a mild credibility note.

Evidence (4)

People's 66

Diagram/floor plan of the Rockingham property, used to orient Kaelin to the south pathway and door locations

used, then removed

People's 130

Photograph numbered 000095, likely of the garage or south pathway area

introduced for identification

People's 131

Photograph numbered 000096, related to same area

introduced for identification

People's 30 (possibly misstated)

Referenced by Clark at end of transcript — may be a misstatement of exhibit number

referenced

Notable Exchanges (2)

Robert Shapiro•Marcia Clark•Lance A. Ito

Shapiro objected to photos being displayed on the ELMO before Clark established foundation; Clark conceded with 'FINE' without a formal ruling.

strategic

Lance A. Ito•Robert Shapiro•Marcia Clark

The court coordinated placing a sticker dot on the diagram to mark the garage door location indicated by Kaelin, with Ito himself noting it was 'THREE OR FOUR INCHES TO THE LEFT.'

procedural

Light Moments (1)

Lance A. Ito

Judge Ito paused examination mid-question to check whether the witness's water was fresh: 'MRS. ROBERTSON, IS THE WATER FRESH? THE WATER IS FRESH.'

Credibility Attacks (1)

⚔ Kato Kaelin

prior inconsistent recollection

Clark established that when initially discussing the case in her office, Kaelin did not remember there was a garage door leading to the south pathway — he only recalled it after being prompted.

Witness Demeanor

(WITNESS COMPLIES.) — repeated, indicating cooperative and compliant demeanor throughout

No stage directions indicating distress, laughter, or pauses of note

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5374 • 100 utterances • Prosecution witness

Criminal Trial

Department 103