Direct examination of Kato Kaelin (morning, part 2)

📄 Direct examination of Kato Kaelin (morning, part 2) — Wednesday, March 22, 1995

Address:

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

TRIAL

▲ Day 43 of 167

◀ Voir dire of Kato Kaelin Sidebar (1) ▶

Witness: Brian "Kato" Kaelin
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, March 22, 1995 • Utterances: 229

Marcia Clark resumes direct examination of Kato Kaelin, first walking him through a series of garage interior photographs (People's 130–134) to establish the layout of the Rockingham property. She then shifts to the afternoon of June 12, 1994, eliciting testimony about OJ Simpson's phone calls with Paula Barbieri and Tracy Adele, his ambivalence about Paula, and a post-recital conversation in which OJ mentioned that Nicole had prevented him from spending time with Sydney.

# 1 MS. CLARK:

OKAY.

# 2

THE COURT: ALL RIGHT. MISS CLARK. (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 3 MS. CLARK:

NEVER MIND.

# 4 THE COURT:

PROCEED.

# 5

DIRECT EXAMINATION (RESUMED)

# 6

BY MS. CLARK:

# 7 Q:

DO YOU KNOW WHAT THE CONTENTS OF THE GARAGE WERE OR WHAT THE GARAGE LOOKED LIKE INSIDE AS OF JUNE THE 12TH, 1994?

# 8 A:

OF SOME THINGS, YES.

# 9 Q:

OKAY. IF I SHOW YOU A PHOTOGRAPH OF THE INTERIOR OF THAT GARAGE, CAN YOU TELL -- WILL YOU BE ABLE TO TELL US WHETHER IT FITS YOUR MEMORY OF THE APPEARANCE OF THAT LOCATION?

# 10 A:

YES.

# 11 THE COURT:

COUNSEL, I THINK --

# 12 MR. SHAPIRO:

YOUR HONOR, WE WOULD STILL OBJECT.

# 13 THE COURT:

EXCUSE ME. I THINK THE OBJECTION IS HE NEEDS TO LOOK AT THE PHOTOGRAPH AND TELL US IF THAT MATCHES HIS RECOLLECTION BEFORE IT IS SHOWN TO THE JURY.

# 14 THE COURT:

AND FOR THE RECORD THAT IS PEOPLE'S 130.

# 15 MS. CLARK:

PEOPLE'S 130, YES, SORRY.

# 16 BRIAN "KATO" KAELIN:

THAT IS THE GARAGE INSIDE.

# 17 Q:

BY MS. CLARK: AND IS THAT THE WAY YOU RECALL SEEING IT, SIR?

# 18 A:

YES.

# 19 Q:

THAT FITS YOUR MEMORY OF IT?

# 20 A:

YES.

# 21 MR. SHAPIRO:

YOUR HONOR, MAY I RE-VOIR DIRE THE WITNESS BRIEFLY?

# 22 THE COURT:

NO. PROCEED.

# 23 Q:

BY MS. CLARK: ALL RIGHT. YOU ARE LOOKING AT 130 RIGHT NOW, MR. KAELIN?

# 24 A:

YES.

# 25 Q:

ALL RIGHT. CAN YOU TELL US WHAT ARE YOU LOOKING AT? WHAT LOCATION IS THAT?

# 26 A:

THAT IS THE -- COMING FROM THE -- THE SHOT WAS TAKEN PROBABLY FROM THE LAUNDRY ROOM DOOR AND IT IS THE GARAGE.

# 27 Q:

SO YOU ARE LOOKING FROM THE INTERIOR OF THE HOUSE INTO THE GARAGE?

# 28 A:

YES.

# 29 Q:

AND IS THAT THE APPEARANCE OF THE GARAGE AS YOU LAST REMEMBER SEEING IT?

# 30 A:

YES.

# 31 Q:

OKAY. DIRECTING YOUR ATTENTION, SIR -- I'M GOING TO USE A LASER. CAN YOU LOOK UP AT THE SCREEN FOR A MOMENT?

# 32 (WITNESS COMPLIES.)

# 33 Q:

OKAY. YOU SEE THIS LITTLE RED DOT?

# 34 A:

YES.

# 35 Q:

ALL RIGHT. FIRST OF ALL, WHAT AM I POINTING TO HERE?

# 36 A:

IT IS THE WEIGHTS, THE WORKOUT CENTER.

# 37 Q:

ALL RIGHT. AND BEHIND THAT, THOSE WEIGHTS, WHAT DO YOU SEE THAT I'M CIRCLING?

# 38 A:

THE CAR, THE TESTEROSA.

# 39 Q:

OKAY. AND IS IT COVERED HERE?

# 40 A:

YES, IT IS.

# 41 Q:

ALL RIGHT. AND IS THAT THE COVER YOU RECALL SEEING ON IT?

# 42 A:

YES.

# 43 Q:

WAS IT USUALLY KEPT COVERED IN THAT MANNER?

# 44 A:

YES.

# 45 Q:

OKAY. AND OVER HERE, SIR, (INDICATING), WHAT IS ON THE WALL OVER HERE?

# 46 A:

I CAN'T TELL FROM THE SHOT, BUT I THINK THAT IS THE MIRRORS.

# 47 Q:

OKAY.

# 48 A:

DARK ON THE SIDE.

# 49 Q:

NOW, I'M MOVING THE RED DOT TO AN AREA RIGHT HERE, (INDICATING), WHERE YOU SEE THIS BIG CARDBOARD BOX.

# 50 A:

YES.

# 51 Q:

AND WAS THAT -- DO YOU RECALL THAT BEING IN THE GARAGE AS WELL?

# 52 A:

IT PROBABLY WAS, BUT I CAN'T RECALL. I MEAN, THERE WAS STORAGE THINGS.

# 53 Q:

OKAY.

# 54 A:

SO IT PROBABLY -- YES, IT WAS --

# 55 Q:

ALL RIGHT. AND I'M DIRECTING YOUR ATTENTION NOW TO AN AREA JUST ABOVE THAT BOX, (INDICATING). CAN YOU SEE WHAT THAT IS, SIR?

# 56 A:

THAT IS THE DOOR.

# 57 Q:

LET ME SHOW YOU ANOTHER VIEW, PEOPLE'S 131, AND WHAT ARE WE LOOKING AT HERE, SIR?

# 58 A:

THAT IS JUST A DIFFERENT ANGLE OF THE GARAGE AGAIN, THE SAME.

# 59 Q:

WITH ALL -- WITH THE CAR?

# 60 A:

RIGHT.

# 61 Q:

AND THEN THE WEIGHTS?

# 62 A:

THE SHOT IS TAKEN WHERE THE MIRRORS WOULD BE.

# 63 Q:

OKAY. AND THEN THE DOOR WOULD BE ON THE LEFT-HAND SIDE OF THE PHOTOGRAPH THAT YOU CAN'T SEE, RIGHT?

# 64 A:

CORRECT.

# 65 Q:

ALL RIGHT. I'M GOING TO SHOW YOU A NEXT SERIES OF THREE PHOTOGRAPHS, THE ONE FIRST WITH THE NUMBER IN THE LOWER RIGHT-HAND CORNER OF 88, PEOPLE'S 132?

# 66 MR. SHAPIRO:

YOUR HONOR, THERE WOULD BE A OBJECTION TO THESE BASED ON FOUNDATION.

# 67 MS. CLARK:

SAME LOCATION. I WILL SHOW THE WITNESS THE PICTURES FIRST.

# 68 THE COURT:

PLEASE.

# 69 MS. CLARK:

IF I COULD MARK THEM, THOUGH, SO I COULD REFER TO THEM.

# 70 THE COURT:

ALL RIGHT. 132, 133 AND 134.

# 71 MS. CLARK:

CORRECT. THANK YOU. 133 HAS GOT THE NUMBER "89" IN THE LOWER RIGHT-HAND CORNER AND 134 HAS THE NUMBER 90 IN THE RIGHT-HAND CORNER.

# 72 (PEO'S 132 FOR ID = PHOTOGRAPH/NO. 88) (PEO'S 133 FOR ID = PHOTOGRAPH/NO. 89) (PEO'S 134 FOR ID = PHOTOGRAPH/NO. 90)

# 73 Q:

BY MS. CLARK: MR. KAELIN, CAN YOU TELL US IF YOU RECOGNIZE WHAT IS SHOWN IN THESE PHOTOGRAPHS?

# 74 A:

THE GARAGE.

# 75 Q:

AND DO YOU RECOGNIZE THE ITEMS SHOWN IN THIS PHOTOGRAPH?

# 76 A:

ITEMS THAT ARE STORED IN THE GARAGE.

# 77 Q:

OKAY. AND HAD YOU SEEN THEM THERE BEFORE WHEN YOU WERE LIVING THERE?

# 78 A:

YES.

# 79 Q:

DO YOU RECOGNIZE THE CAR SHOWN IN THESE PHOTOGRAPHS?

# 80 A:

YES.

# 81 Q:

IS THAT THE SAME AS THE CAR SHOWN IN THE PREVIOUS PHOTOGRAPHS YOU HAVE IDENTIFIED?

# 82 A:

YES.

# 83 Q:

IS THERE A COVER ON THE CAR IN THESE PHOTOGRAPHS?

# 84 A:

NO.

# 85 Q:

THERE ARE BICYCLES SHOWN IN THESE PHOTOGRAPHS. DO YOU RECALL SEEING BICYCLES SHOWN IN THAT POSITION IN THE GARAGE WHEN YOU LIVED THERE?

# 86 A:

YEAH, THERE COULD BE BIKES. THEY COULD BE TO THE OTHER SIDE, THIS SIDE, BUT YEAH, JUST LIKE THAT.

# 87 Q:

OKAY. AND THE BIG CARDBOARD BOX WITH THE TELEVISION ON TOP OF THE CHEST THAT YOU SEE THERE.

# 88 A:

YES.

# 89 Q:

THAT IS -- DOES THAT APPEAR TO BE THE SAME CARDBOARD BOX, CHEST AND TELEVISION THAT YOU SEE -- THAT YOU SAW IN THE PREVIOUS PHOTOGRAPHS?

# 90 A:

YES.

# 91 Q:

AND DOES THIS FIT YOUR MEMORY OF THE APPEARANCE OF THE INTERIOR OF THE GARAGE WHEN YOU WERE LIVING AT 360 NORTH ROCKINGHAM?

# 92 A:

YES.

# 93 Q:

I'M GOING TO SHOW YOU PEOPLE'S 132 IF YOU WOULD PLEASE LOOK AT YOUR MONITOR.

# 94 (WITNESS COMPLIES.)

# 95 Q:

DIRECTING YOUR ATTENTION NOW, SIR, TO THE TELEVISION SET AND THE CHEST AND THE LARGE CARDBOARD BOX, AS YOU LOOK ABOVE THOSE ITEMS, WHAT -- CAN YOU SEE WHAT IS ABOVE THE TELEVISION SET HERE, (INDICATING), AND IF COULD YOU LOOK AT THE SCREEN WHERE I'M GESTURING WITH THE LASER LIGHT, IF YOU CAN SEE IT.

# 96 A:

THAT IS THE DOOR.

# 97 Q:

133, PLEASE. SHOWING YOU PEOPLE'S 133, I'M GESTURING WITH THE LASER LIGHT. WHAT IS THAT, SIR?

# 98 A:

THAT IS THE DOOR.

# 99 Q:

134, PLEASE. AND ONCE AGAIN, IF YOU COULD LOOK AT THE SCREEN, I'M SORRY.

# 100 A:

THE DOOR AGAIN.

# 101 Q:

AND YOU SEE HERE THE CHEST AND THE TELEVISION SET AND THE CARDBOARD BOX?

# 102 A:

YES.

# 103 Q:

SHOWN IN THE PREVIOUS FOUR PHOTOGRAPHS?

# 104 A:

YES.

# 105 Q:

OKAY. AND DOES THIS -- DO THESE VIEWS OF THE GARAGE COMPORT WITH YOUR MEMORY OF ITS APPEARANCE WHEN YOU WERE LIVING THERE?

# 106 A:

YES.

# 107 Q:

ALL RIGHT. MR. KAELIN, DIRECTING YOUR ATTENTION BACK TO THE DATE OF JUNE THE 12TH, 1994, ON THAT DATE I THINK YOU INDICATED THAT PAULA BARBIERI HAD CALLED IN THE AFTERNOON --

# 108 MR. SHAPIRO:

OBJECTION, YOUR HONOR, MISSTATES THE EVIDENCE.

# 109 THE COURT:

SUSTAINED.

# 110 Q:

BY MS. CLARK: CAN YOU TELL US, SIR, WHETHER PAULA BARBIERI CALLED THE DEFENDANT ON THE DATE OF JUNE 12, 1994?

# 111 MR. SHAPIRO:

OBJECTION, ASKED AND ANSWERED.

# 112 THE COURT:

OVERRULED.

# 113 THE COURT:

YOU CAN ANSWER THE QUESTION.

# 114 BRIAN "KATO" KAELIN:

I'M PRETTY SURE. I'M PRETTY SURE, YES.

KEY QUOTE

# 115 Q:

BY MS. CLARK: OKAY. AND AFTER THAT PHONE CALL, SIR, DID YOU HAVE A CONVERSATION WITH THE DEFENDANT ABOUT PAULA?

# 116 A:

YES.

# 117 Q:

AND WHAT DID HE TELL YOU ABOUT PAULA?

# 118 MR. SHAPIRO:

OBJECTION, HEARSAY.

# 119 THE COURT:

OVERRULED.

# 120 BRIAN "KATO" KAELIN:

ANSWER?

# 121 Q:

BY MS. CLARK: YOU CAN ANSWER.

# 122 A:

PART OF THE CONVERSATION WAS ABOUT THE RECITAL.

# 123 Q:

OKAY. AND WHAT DID HE TELL YOU ABOUT THAT?

# 124 MR. SHAPIRO:

OBJECTION.

# 125 THE COURT:

GROUNDS?

# 126 MR. SHAPIRO:

HEARSAY, IRRELEVANT.

# 127 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 128 BRIAN "KATO" KAELIN:

FROM WHAT I REMEMBER, THAT SHE WANTED TO GO AND I BELIEVE O.J. DIDN'T WANT HER TO GO, KIND OF ON HIS OWN.

# 129 Q:

BY MS. CLARK: OKAY. SO YOU DIDN'T WANT HER TO GO TO THE RECITAL WITH HIM?

# 130 A:

AT THAT TIME, YES.

# 131 Q:

UH-HUH. DID HE TELL YOU WHAT HIS FEELINGS WERE ABOUT PAULA?

# 132 MR. SHAPIRO:

OBJECTION, IRRELEVANT.

# 133 THE COURT:

OVERRULED.

# 134 BRIAN "KATO" KAELIN:

ANSWER? THAT HE WASN'T SURE AS FAR AS JUST THE ONE -- MAYBE THE ONE, MAYBE NOT THE ONE.

# 135 Q:

BY MS. CLARK: I'M SORRY?

# 136 A:

TO SPEND -- YOU KNOW, TO BE THE ONE TO BE WITH.

# 137 Q:

OKAY.

# 138 A:

LIKE FOR LIFE.

# 139 Q:

OKAY. HE WASN'T SURE IF SHE WAS THE ONE FOR HIM?

# 140 MR. SHAPIRO:

OBJECTION, MISSTATES THE ANSWER.

# 141 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 142 Q:

BY MS. CLARK: OKAY. CAN YOU PLEASE TELL US WHAT DID THE DEFENDANT SAY TO YOU ABOUT HIS FEELINGS ABOUT PAULA?

# 143 A:

NOT BEING SURE IF PAULA WAS GOING TO BE THE ONE TO BE WITH.

KEY QUOTE

# 144 Q:

OKAY. DID HE TELL YOU HE WAS UNDECIDED ABOUT HER?

# 145 MR. SHAPIRO:

OBJECTION, LEADING.

# 146 THE COURT:

SUSTAINED.

# 147 Q:

BY MS. CLARK: DID HE TELL YOU WHETHER OR NOT HE HAD MADE A DECISION ABOUT WHETHER HE WANTED TO BE WITH HER OR NOT?

# 148 A:

NOT A DECISION. IT WAS UNDECIDED.

# 149 Q:

OKAY. NOW, DID YOU HAVE ANOTHER PHONE CONVERSATION WITH A WOMAN AFTER THAT POINT ON THE AFTERNOON OF JUNE THE 12TH?

# 150 A:

YES.

# 151 Q:

AND WHO WAS THAT?

# 152 A:

TRACY ADELE.

# 153 Q:

AND WHOSE FRIEND WAS THAT?

# 154 A:

MY FRIEND.

# 155 Q:

DID YOU SPEAK TO TRACY?

# 156 A:

BRIEFLY.

# 157 Q:

OKAY. AND THEN WHAT DID YOU DO AFTER YOU BRIEFLY SPOKE TO TRACY?

# 158 A:

I HANDED THE PHONE BACK TO O.J.

# 159 Q:

AND THEN DID HE SPEAK TO HER?

# 160 A:

YES.

# 161 Q:

DID HE MAKE A DATE WITH HER?

# 162 MR. SHAPIRO:

OBJECTION, CALLS FOR SPECULATION AND CONCLUSION.

# 163 THE COURT:

OVERRULED.

# 164 Q:

BY MS. CLARK: DID YOU HEAR WHAT HE SAID TO HER?

# 165 A:

I DIDN'T HEAR ALL THE WORDS, NO. I TRIED NOT TO LISTEN.

# 166 Q:

DID YOU HEAR HIM SET UP A DATE TO MEET HER LATER?

# 167 MR. SHAPIRO:

OBJECTION, LEADING AND SUGGESTIVE.

# 168 THE COURT:

SUSTAINED.

# 169 Q:

BY MS. CLARK: DID YOU HEAR HIM SAY -- WHAT DID YOU HEAR HIM TELL HER?

# 170 A:

WELL, I KNOW IT WAS LONG DISTANCE, SHE WAS CALLING FROM ANOTHER STATE.

# 171 Q:

OKAY. WHAT DID YOU HEAR HIM SAY ABOUT MAKING ANY PLANS TO GET TOGETHER WITH HER, IF ANY?

# 172 A:

I'M NOT SURE OF THAT. I KNOW THEY TALKED AND SHE WAS INTERESTED IN BUSINESS, LIKE BEING AN ENTREPRENEUR AND THAT IS -- THEY WERE TALKING BUSINESS, SO THEY COULD HAVE TALKED ABOUT GETTING TOGETHER, BUT I'M NOT POSITIVE.

# 173 Q:

OKAY. ALL RIGHT. NOW, AT SOME POINT DID YOU LEAVE THE HOUSE THAT AFTERNOON?

# 174 A:

YES, I DID.

# 175 Q:

WHAT TIME DID YOU LEAVE THE HOUSE?

# 176 A:

I PROBABLY LEFT ABOUT 3:30 OR 4:00, TO PLAY BASKETBALL.

# 177 Q:

TO PLAY BASKETBALL?

# 178 A:

YES, I DID.

# 179 Q:

AND WHAT TIME DID YOU GET BACK?

# 180 A:

I GOT BACK AT ABOUT SIX O'CLOCK.

# 181 Q:

OKAY. AND WHEN YOU GOT BACK, WHAT DID YOU DO?

# 182 A:

I TALKED TO O.J.

# 183 Q:

WHERE WERE YOU WHEN YOU TALKED TO HIM?

# 184 A:

IN THE KITCHEN NOOK.

# 185 Q:

AND WHAT TIME WAS IT THEN?

# 186 A:

IT WAS ABOUT 6:30, 7:00.

# 187 Q:

AND HAD YOU BEEN WATCHING A GAME OR SOMETHING?

# 188 A:

YES.

# 189 Q:

WHAT GAME WAS THAT?

# 190 A:

I WAS WATCHING THAT IN MY ROOM. IT WAS HOUSTON AND THE NICKS, THE PLAYOFF GAME.

# 191 Q:

SO YOU SPOKE TO HIM AFTER THE GAME ENDED, DID YOU?

# 192 A:

YES.

# 193 Q:

AND HOW WAS IT THAT YOU CAME TO SPEAK TO HIM AFTER THE CAME ENDED?

# 194 A:

I THINK I HEARD HIM SHOUT "KATO."

# 195 Q:

AND WHEN HE DID THAT, WHAT DID YOU DO?

# 196 A:

"HEY," TALKED.

# 197 Q:

DID YOU LEAVE YOUR ROOM?

# 198 A:

YES.

# 199 Q:

WERE YOU IN YOUR ROOM WHEN YOU HEARD HIM CALL "KATO"?

# 200 A:

YEAH, OR LIKE I WAS ON LIKE KIND OF THE PATIO AREA, BUT I WAS IN MY ROOM. I COULD HAVE JUST GOTTEN OUT FOR A BIT AND HEARD THE NAME.

# 201 Q:

SO DID YOU GO INTO THE HOUSE WHEN HE CALLED YOU?

# 202 A:

YES.

# 203 Q:

DID YOU TALK TO HIM?

# 204 A:

YES.

# 205 Q:

AND WHAT DID YOU TALK ABOUT?

# 206 A:

ABOUT THE GAME, ABOUT WHO WON THE GAME, THE RECITAL, HOW SYDNEY WAS AT THE RECITAL.

# 207 Q:

OKAY. WHAT DID HE SAY TO YOU ABOUT SYDNEY AT THE RECITAL?

# 208 A:

HE SAID SYDNEY WAS GREAT AT THE RECITAL.

# 209 Q:

AND SYDNEY IS HIS DAUGHTER, CORRECT?

# 210 A:

SYDNEY, HIS DAUGHTER, WAS AT A DANCE RECITAL.

# 211 Q:

WHAT ELSE DID HE TELL YOU?

# 212 A:

SHE WAS GREAT, THAT NICOLE WAS THERE.

# 213 Q:

AND --

# 214 A:

AND FRIENDS.

# 215 Q:

THAT NICOLE WAS THERE WITH SOME FRIENDS?

# 216 A:

FRIENDS.

# 217 Q:

WHAT DID HE TELL YOU ABOUT NICOLE?

# 218 MR. SHAPIRO:

OBJECTION, ASSUMES A FACT NOT IN EVIDENCE.

# 219 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 220 Q:

BY MS. CLARK: WHAT, IF ANYTHING, DID HE TELL YOU ABOUT NICOLE?

# 221 A:

HE WANTED TO TALK WITH SYDNEY AND I DON'T THINK IT WAS THE WORDING, BUT NICOLE WASN'T GOING TO GIVE HIM TIME TO TALK TO SYDNEY AND HE WANTED TO TALK TO HIS DAUGHTER, AND I THINK THEY WENT OFF SOMEWHERE.

# 222 Q:

WHO WENT OFF SOMEWHERE?

# 223 A:

NICOLE AND THE KIDS.

# 224 Q:

WHAT DID THAT HAVE TO DO WITH NICOLE?

# 225 MR. SHAPIRO:

OBJECTION.

# 226 THE COURT:

SUSTAINED. REPHRASE THE QUESTION. CALLING FOR SPECULATION ON THE PART OF THIS WITNESS.

# 227 MS. CLARK:

OKAY.

# 228 MR. SHAPIRO:

YOUR HONOR, MAY WE JUST HAVE A MOMENT, PLEASE?

# 229 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL AND THE DEFENDANT.)

Temperature

procedural

Key Quotes (3)

Kato Kaelin

NOT BEING SURE IF PAULA WAS GOING TO BE THE ONE TO BE WITH.

Establishes OJ's emotional ambivalence toward Paula Barbieri on the day of the murders, potentially relevant to his state of mind and motive.

Kato Kaelin

NICOLE WASN'T GOING TO GIVE HIM TIME TO TALK TO SYDNEY AND HE WANTED TO TALK TO HIS DAUGHTER, AND I THINK THEY WENT OFF SOMEWHERE.

Suggests OJ felt frustrated or rebuffed by Nicole at Sydney's recital hours before the murders — directly relevant to motive and the relationship dynamic.

Kato Kaelin

I'M PRETTY SURE. I'M PRETTY SURE, YES.

Characteristic hedging from Kaelin; illustrates the tentative quality of his testimony throughout, which the defense exploited.

Evidence (5)

People's 130

Photograph of garage interior taken from the laundry room door, showing the Testarossa covered, workout weights, and mirrors

introduced and discussed

People's 131

Second-angle photograph of the same garage interior

introduced and discussed

People's 132

Garage photo marked with number 88, showing uncovered Testarossa, bicycles, cardboard box, chest, and television

introduced and discussed

People's 133

Garage photo marked with number 89, same location different framing

introduced and discussed

People's 134

Garage photo marked with number 90, showing door above chest/television/box stack

introduced and discussed

Notable Exchanges (3)

Marcia Clark•Robert Shapiro•Lance A. Ito

Clark repeatedly attempts to characterize OJ's feelings about Paula Barbieri (suggesting he was 'undecided' or that she was 'not the one') and is sustained multiple times for leading or misstating the answer, forcing her to rephrase until Kaelin produces the answer in his own words.

strategic

Marcia Clark•Kato Kaelin

Clark uses a laser pointer on projected garage photographs to orient Kaelin to specific items — the Testarossa, weights, cardboard box, and interior door — building a spatial record of the property.

methodical

Marcia Clark•Robert Shapiro•Lance A. Ito

The proceeding ends mid-line when Shapiro's objection (speculation) is sustained during questioning about Nicole's behavior at the recital, followed by a sidebar between Shapiro and Simpson off the record.

strategic

Witness Demeanor

Kaelin frequently hedges with phrases like 'probably,' 'I'm pretty sure,' 'could have,' and 'I'm not positive,' reflecting his characteristically uncertain testimony style.

Kaelin asks 'ANSWER?' after hearsay objections are overruled, needing prompting to proceed.

Objections

12 objections (6 sustained, 5 overruled)

Proceeding 5376 • 229 utterances • Prosecution witness

Criminal Trial

Department 103