Marcia Clark continues her direct examination of Kato Kaelin, methodically building the prosecution's timeline for the evening of June 12, 1994. Kaelin walks through his activities from the jacuzzi (~7:30-8:30 PM) through phone calls, the McDonald's run with OJ (~9:10-9:40 PM), and returning to his room — all corroborated by his phone bill. Crucially, Kaelin testifies three separate times that he saw no injuries or bleeding on OJ's hands throughout the evening.
# 1 THE COURT: ALL RIGHT. THANK YOU, COUNSEL. MISS CLARK, YOU MAY PROCEED.
# 2 MS. CLARK: THANK YOU, YOUR HONOR.
# 3 Q: ALL RIGHT. MR. KAELIN, WHEN YOU -- GET THAT QUESTION BACK.
# 5 Q: BY MS. CLARK: WHAT DID THE DEFENDANT TELL YOU ABOUT NICOLE AT THE RECITAL? WHAT DID HE TELL YOU ABOUT WHAT TRANSPIRED WITH NICOLE AND SYDNEY AT THE RECITAL?
# 6 A: OKAY. ABOUT WHAT SHE WAS WEARING.
# 7 Q: WHAT DID THE DEFENDANT TELL YOU TRANSPIRED, IF ANYTHING, WITH REGARD TO HIMSELF, NICOLE AND SYDNEY?
# 8 A: OKAY. THAT O.J. WANTED TO SPEND TIME WITH SYDNEY AND THAT NICOLE WASN'T GOING TO GIVE HIM THE TIME TO HAVE WITH HIS DAUGHTER, TALK TO HER AT THE RECITAL, SO THEY WENT OFF.
# 9 Q: DID HE TELL YOU WHETHER HE DID GET TO SPEND SOME TIME WITH SIDNEY ANYWAY?
# 11 Q: OKAY. WHAT, IF ANYTHING, DID HE TELL YOU ABOUT NICOLE HERSELF AT THE RECITAL?
# 12 A: ABOUT HER -- HER OUTFIT THAT SHE HAD ON.
# 13 Q: WHAT DID HE SAY ABOUT THAT?
# 14 A: THAT THEY WERE WEARING -- WHO SHE WAS WITH, THAT THEY WERE WEARING TIGHT OUTFITS AND WONDERED IF THEY COULD BE GRANDMAS AND WEAR THOSE OUTFITS OUT.
# 15 Q: DID HE REMARK THAT SHE WAS WEARING A TIGHT DRESS THAT NIGHT?
# 16 MR. SHAPIRO: OBJECTION, LEADING AND SUGGESTIVE.
# 17 THE COURT: SUSTAINED.
# 18 Q: BY MS. CLARK: WHAT REMARK DID HE MAKE -- WHAT, IF ANY, REMARK DID HE MAKE ABOUT WHAT SHE WAS WEARING THAT NIGHT?
# 19 A: THAT IT WAS A TIGHT OUTFIT.
# 20 Q: DID YOU HAVE SOME FURTHER CONVERSATION WITH HIM?
# 22 Q: AND WHAT WAS THAT?
# 23 A: I WAS WONDERING IF I COULD TAKE A JACUZZI.
# 24 Q: OKAY. AND DID HE GIVE YOU PERMISSION TO DO THAT?
# 26 Q: DID YOU TALK AT ALL ABOUT WHAT HE WAS GOING TO BE DOING THAT EVENING?
# 28 Q: WHAT DID HE TELL YOU?
# 29 A: THAT HE WAS GOING TO TAKE A FLIGHT OUT, HE HAD TO PACK FOR A TRIP TO CHICAGO.
# 30 Q: AND DID HE SEEM PLEASED ABOUT THAT?
# 31 A: NO, THAT HE DIDN'T LIKE REDEYE'S.
# 32 Q: DID HE GIVE YOU PERMISSION TO TAKE THE JACUZZI WHEN YOU ASKED FOR IT?
# 34 Q: SO WHAT DID YOU DO?
# 35 A: I TOOK A JACUZZI.
# 36 Q: ABOUT WHAT TIME WAS THAT?
# 37 A: ABOUT 7:30, I'M GUESSING, 7:30, 7:45 I TOOK A JACUZZI.
# 38 Q: WHAT TIME DID YOU FINISH TAKING THE JACUZZI?
# 40 Q: OKAY. WHEN YOU GOT DONE WITH THE JACUZZI, WHAT DID YOU DO?
# 41 A: I WENT TO MY ROOM.
# 42 Q: AND WHAT DID YOU DO THERE?
# 43 A: I GOT ON THE PHONE.
# 44 Q: WHO DID YOU CALL?
# 45 A: A FRIEND NAMED SUSAN.
# 46 Q: AND WHILE YOU WERE ON THE PHONE WERE YOU INTERRUPTED BY ANYTHING?
# 47 A: I DON'T KNOW IF IT WAS DURING IT, BUT YES, O.J. CAME TO THE ROOM.
# 48 Q: AND DID YOU HAVE A CONVERSATION WITH HIM?
# 50 Q: WHAT WAS THE NATURE OF THAT CONVERSATION?
# 51 A: THAT I FORGOT TO TURN OFF THE JACUZZI.
# 52 Q: HE BROUGHT THAT TO YOUR ATTENTION?
# 54 Q: WHAT DID HE SAY ABOUT THAT?
# 55 A: "YOU FORGOT TO TURN OFF THE JACUZZI."
# 56 Q: AND WHAT DID YOU DO?
# 57 A: I WAS GOING, "OH, I WILL TURN IT OFF" AND HE SAID HE TURNED IT OFF ALREADY, THE JETS OF THE JACUZZI.
# 58 Q: AND WHEN YOU HAD THAT CONVERSATION WITH HIM, WERE YOU STILL IN YOUR ROOM OR DID YOU EXIT YOUR ROOM?
# 59 A: KIND OF THE DOORWAY. THERE IS A DOOR. I WAS IN THE ROOM STILL AND HE WAS ON THE -- OUT OF THE DOOR, THE OUTSIDE.
# 60 Q: WHAT HAPPENED NEXT?
# 61 A: UMM, I WENT BACK AND I MADE ANOTHER CALL.
# 62 Q: AND WHO WAS IT THAT YOU CALLED AT THAT TIME?
# 63 A: ANOTHER FRIEND, TOM.
# 64 Q: AND WHERE WAS HE LIVING AT THAT TIME?
# 66 Q: DO YOU REMEMBER EXACTLY WHAT TIME YOU CALLED HIM?
# 67 A: NOT THE EXACT TIME, BUT AROUND -- AROUND LIKE NINE O'CLOCK.
# 68 Q: OKAY. DO YOU REMEMBER -- DO YOU KNOW BY HEART HIS PHONE NUMBER?
# 70 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 72 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 73 MS. CLARK: YOUR HONOR, I HAVE HERE A BOARD THAT HAS BEEN SHOWN TO COUNSEL, I JUST MADE SURE OF THAT, AND ASK THAT IT BE MARKED PEOPLE'S 135.
# 75 MS. CLARK: IF YOU WOULD STEP DOWN, MR. KAELIN --
# 76 THE COURT: ALL RIGHT. PEOPLE'S 135.
# 77 MS. CLARK: THANK YOU, YOUR HONOR.
# 78 (PEO'S 135 FOR ID = POSTERBOARD/B.K.'S PHONE BILL) # 80 Q: BY MS. CLARK: YOU CAN SEE THE -- WHAT DOES THIS APPEAR TO BE, SIR?
# 82 Q: AND CAN YOU TELL US, THERE IS A PORTION HERE HIGHLIGHTED INDICATING JUNE THE 12TH. THIS IS MILITARY TIME, 2103, WHICH IS 9:03 P.M. THERE IS SAN DIEGO, CALIFORNIA, AREA CODE 619 AND THE PHONE NUMBER THAT FOLLOWS. DO YOU RECOGNIZE THAT PHONE NUMBER?
# 83 A: YES, THAT IS TOM'S NUMBER.
# 84 Q: INDICATES THAT THE CALL WAS FOR EIGHT MINUTES. OKAY. 9:03, DOES THAT COMPORT WITH YOUR MEMORY AND HELP TO REFRESH YOUR MEMORY EXACTLY WHAT TIME THAT CALL WAS PLACED?
# 86 Q: AND UP HERE, (INDICATING), DOES THAT INDICATE WHAT YOUR PHONE NUMBER WAS AS OF JUNE THE 12TH, 1994?
# 88 Q: YOU CAN HAVE A SEAT, SIR.
# 90 THE COURT: ALL RIGHT. DO YOU WANT TO SHOW THE BOARD TO 1492.
# 91 MS. CLARK: YES, YOUR HONOR.
# 93 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 94 THE COURT: MISS CLARK.
# 95 MS. CLARK: THANK YOU, YOUR HONOR.
# 96 Q: ALL RIGHT. SO YOU SPOKE TO TOM O'BRIEN?
# 98 Q: AND AS THE RECORD INDICATED, IT WAS ABOUT A SEVEN-MINUTE CALL. AFTER YOU HUNG UP WITH TOM O'BRIEN, WHAT HAPPENED NEXT?
# 99 A: UMM, I SAW O.J. AGAIN.
# 100 Q: NOW, WERE YOU STILL ON THE PHONE AT THAT TIME OR HAD YOU HUNG UP?
# 101 A: NO, I WAS STILL ON THE PHONE.
# 102 Q: SO THE DEFENDANT CAME OUT TO SEE YOU AND YOU WERE STILL TALKING TO TOM?
# 103 A: YEAH. I WAS TALKING TO TOM AND I HUNG UP DURING THE TALKING TO O.J. I SAID, "HEY, TOM, I'M CALL YOU BACK."
# 104 Q: OKAY. WHAT HAPPENED AT THAT POINT? DID YOU HAVE A CONVERSATION WITH THE DEFENDANT?
# 106 Q: TELL US WHAT THE NATURE OF THAT CONVERSATION WAS?
# 107 A: IT WAS, UMM, TO GET SOME -- HE HAD HUNDRED DOLLAR BILLS AND HE NEEDED LIKE A FIVE FOR THE SKYCAP AND HE ASKED ME IF I HAD SOME CASH.
# 108 Q: OKAY. SO AFTER HE TOLD YOU HE ONLY HAD HUNDRED DOLLAR BILLS AND HE NEEDED A FIVE DOLLAR BILL FOR THE SKYCAP, WHAT DID YOU DO?
# 109 A: I GAVE HIM TWENTY.
# 110 Q: YOU GAVE HIM -- WAS IT A TWENTY DOLLAR BILL?
# 112 Q: AND WHEN YOU GAVE HIM THE TWENTY DOLLAR BILL, DID YOU PUT IT IN HIS HAND?
# 114 Q: COULD YOU SEE BOTH HIS HANDS?
# 115 A: ONE HAND FOR SURE, BUT I COULD SEE BOTH HANDS, YEAH.
# 116 Q: DID YOU NOTICE HIM BLEEDING OR CUT ON EITHER HAND?
# 118 Q: AND SO -- AND WHAT HAPPENED NEXT?
# 119 A: I GAVE HIM THE MONEY AND HE SAID HE WAS GOING TO GET A HAMBURGER AND I SAID, "CAN I GO?"
# 120 Q: YOU INVITED YOURSELF TO GO WITH HIM?
# 122 Q: AND WHAT WAS HIS RESPONSE TO THAT?
# 124 Q: DID HE SEEM REAL EXCITED TO HAVE YOU COME?
# 125 MR. SHAPIRO: OBJECTION, CALLS FOR SPECULATION.
# 126 BRIAN "KATO" KAELIN: WOULDN'T YOU?
# 127 THE COURT: MISS CLARK.
# 128 MS. CLARK: THANK YOU, YOUR HONOR.
# 129 Q: SO DID YOU GO WITH HIM, SIR?
# 131 Q: WHAT WAS HE WEARING AT THAT TIME?
# 132 A: TO THE BEST OF MY RECOLLECTION, I THOUGHT IT WAS A SWEAT OUTFIT.
# 133 Q: OKAY. WHAT COLOR WAS IT?
# 136 A: IT WAS EITHER BLUE OR -- DARK BLUE OR BLACK.
# 137 Q: OKAY. AND THE MATERIAL, WHAT KIND OF MATERIAL WAS IT?
# 138 A: I THOUGHT IT WAS LIKE A COTTON.
# 139 Q: WAS IT LONG-SLEEVED, SIR?
# 141 Q: DO YOU REMEMBER WHAT KIND OF SHOES HE WAS WEARING?
# 143 Q: ALL RIGHT. WHEN YOU LEFT, WHERE DID YOU WALK THROUGH, SIR?
# 144 A: WE WALKED FROM THE SIDEWALK IN THE BACK TO THE BACK DOOR, PAST THE BAR, TO THE KITCHEN NOOK TO THE OUTSIDE.
# 145 Q: WHAT CAR DID YOU GET INTO?
# 146 A: UMM, THE ROLLS ROYCE.
# 147 Q: THE ROLLS ROYCE. WHEN YOU GOT INTO IT, SIR, CAN YOU TELL US WHERE IT WAS PARKED?
# 148 A: IN THE DRIVEWAY.
# 149 Q: AND WHERE WAS IT FACING, WHAT DIRECTION, IF YOU COULD TELL US?
# 150 A: THE HEADLIGHTS WOULD BE FACING THE ROCKINGHAM GATE.
# 151 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 152 MS. CLARK: YOUR HONOR, I HAVE A PHOTOGRAPH THAT HAS BEEN SHOWN TO COUNSEL, PEOPLE'S -- ASK IT NOW BE MARKED PEOPLE'S 136.
# 154 (PEO'S 136 FOR ID = PHOTOGRAPH) # 155 Q: BY MS. CLARK: SHOWING YOU WHAT HAS BEEN MARKED AS PEOPLE'S 136, SIR, CAN YOU TELL US IF YOU RECOGNIZE THE CAR IN THE FOREGROUND OF THAT PHOTOGRAPH?
# 158 A: THAT IS THE ROLLS ROYCE.
# 159 THE COURT: LOOK AT THE GRILLE.
# 160 MS. CLARK: I'M SORRY?
# 161 BRIAN "KATO" KAELIN: "LOOK AT THE GRILLE" HE SAID.
# 162 MS. CLARK: IT IS A BENTLEY.
# 163 Q: COULD IT BE A BENTLEY, SIR?
# 165 Q: OKAY. IS THAT THE POSITION IN WHICH IT WAS USUALLY PARKED IN THE DRIVEWAY?
# 167 Q: AND THE GATE THAT YOU SAID IT WAS FACING IN THAT POSITION, WHAT GATE WOULD THAT BE FACING IN THE PHOTOGRAPH?
# 168 A: THE PICTURE WAS TAKEN FROM THE ROCKINGHAM GATE.
# 169 Q: WAS THAT THE POSITION IN WHICH IT WAS PARKED WHEN YOU GOT INTO IT WITH MR. SIMPSON ON THE DATE OF JUNE THE 12TH?
# 171 Q: WHO DROVE THE CAR?
# 173 Q: AND APPROXIMATELY WHAT TIME WAS IT WHEN YOU LEFT WITH HIM TO GO GET SOMETHING TO EAT?
# 174 A: APPROXIMATELY 9:10.
# 175 Q: ABOUT TEN MINUTES AFTER 9:00 WAS THAT?
# 177 Q: WHAT GATE DID YOU EXIT THROUGH?
# 178 A: ROCKINGHAM GATE.
# 179 Q: AS THE DEFENDANT DROVE, SIR, WERE YOU ABLE TO SEE HIS HANDS?
# 181 Q: DID YOU SEE ANY INJURY TO THEM?
# 183 Q: ANY BLEEDING FROM EITHER HAND?
# 185 Q: AS YOU EXITED THE ROCKINGHAM GATE DID YOU LOOK TO SEE WHETHER THERE WERE ANY OTHER CARS PARKED ON THE CURB?
# 186 A: NO, I DIDN'T LOOK.
# 187 Q: ALL RIGHT. WHILE YOU WERE IN THE CAR ON THE WAY TO MC DONALD'S, DID YOU HAVE SOME CONVERSATION WITH THE DEFENDANT?
# 189 Q: WHAT WAS THE NATURE OF THAT CONVERSATION?
# 190 A: THERE WAS SOME CONVERSATION ABOUT THE FLIGHT.
# 191 Q: THE REDEYE FLIGHT?
# 192 A: AND AIRLINE; TIRED. AT ONE POINT I HAD SAID, "OH, YOU SHOULD TAKE NAP" AND IF THERE WAS GOING TO BE TIME -- "DO YOU THINK THERE WOULD BE TIME?" AND I WOULD SAY, "YOU SHOULD TRY TO TAKE ONE; YOU LOOK TIRED."
# 193 Q: WHAT DID YOU SAY?
# 194 A: I SAID, "YOU SHOULD HAVE TIME TO TAKE A NAP."
# 195 Q: WHAT DID THE DEFENDANT SAY?
# 196 A: HE PROBABLY WOULD NOT HAVE TIME TO.
# 197 Q: HE PROBABLY WOULD NOT HAVE TIME TO?
# 198 A: THEN I SAID, "YOU SHOULD TRY TO."
# 199 Q: OKAY. DID HE MAKE ANY RESPONSE TO THAT?
# 200 A: NO, NO RESPONSE.
# 201 Q: DID YOU HAVE ANY CONVERSATION THAT CAUSED YOU TO NOTICE A CLOCK IN THE CAR?
# 203 Q: AND WHAT WAS THE NATURE OF THAT CONVERSATION?
# 204 A: THAT WAS WHAT DIRECTED ME TO THE TIME, ABOUT TAKING TIME FOR A NAP.
# 205 Q: OKAY. SO WHEN HE INDICATED --
# 208 A: AT 26TH AND SAN VICENTE.
# 209 Q: THAT WAS WHEN YOU HAD GOTTEN TO 26TH AND SAN VICENTE?
# 211 Q: SO WHEN THE DEFENDANT SAID HE DIDN'T HAVE TIME TO TAKE A NAP, YOU LOOKED AT THE CLOCK?
# 212 A: YES, THERE WAS A STOPLIGHT.
# 213 Q: WHAT TIME WAS IT WHEN YOU WERE AT 26TH AND SAN VICENTE?
# 214 A: 9:15 TO 9:18 ON THE CLOCK OF THE CAR. 9:15 TO 9:18. IT LOOKED LIKE IT WAS RIGHT PAST THERE.
KEY QUOTE # 215 Q: OKAY. WAS THIS A DIGITAL CLOCK?
# 216 A: NO, IT WAS A NUMBERED CLOCK. WELL, I MEAN NUMERALS. A DIGIT WOULD BE THAT, TOO, BUT YOU KNOW WHAT I'M SAYING.
# 220 Q: AND SO YOU LOOKED AT THE CLOCK, YOU SAW IT WAS 9:15 TO 9:18, AND HOW LONG AFTER THAT WAS IT BEFORE YOU GOT TO MC DONALD'S?
# 221 A: I THINK SIX MINUTES OR SO.
# 222 Q: SO YOU GOT TO MC DONALD'S AT APPROXIMATELY WHAT TIME?
# 223 A: BETWEEN NINE -- LIKE 9:22.
# 224 Q: AND DID YOU GO INTO THE MC DONALD'S OR DID YOU DO DRIVE-THROUGH?
# 226 Q: AND THAT MC DONALD'S IS LOCATED WHERE?
# 227 A: I'M PRETTY SURE IT IS ON SANTA MONICA ACROSS FROM A CARL'S JUNIOR I KNOW.
# 228 Q: THAT IS SANTA MONICA BOULEVARD?
# 230 Q: NOW, YOU WENT TO -- WHEN YOU DROVE UP TO THE DRIVE-THROUGH WINDOW, WHO PAID FOR THE FOOD?
# 231 A: I PAID, BUT O.J. GAVE THEM THE MONEY.
# 232 Q: SO NOW YOU HAD ALREADY GIVEN HIM $20.00, RIGHT?
# 234 Q: SO YOU PULLED OUT ANOTHER TWENTY TO PAY FOR THE FOOD?
# 236 Q: DID HE ASK YOU TO DO THAT?
# 238 Q: YOU JUST DID IT?
# 240 Q: ALL RIGHT. WHEN HE PAID FOR THE FOOD, AFTER PAYING FOR IT, DID HE THEN GIVE YOU ANY CHANGE BACK?
# 242 Q: DID YOU NOTICE HIS HANDS AS HE PAID FOR THE FOOD AND GAVE YOU YOUR CHANGE?
# 244 Q: DID YOU SEE ANY INJURY TO EITHER HAND?
# 246 Q: APPROXIMATELY WHAT TIME WAS IT WHEN YOU GOT YOUR FOOD?
# 248 Q: ALL RIGHT. NOW, AS THE DEFENDANT DROVE HOME, WHAT WAS HE DOING?
# 249 A: EATING THE FOOD.
# 250 Q: SO HE ATE AND DROVE AT THE SAME TIME?
# 251 A: YEAH, BUT HE FINISHED PRETTY FAST. YEAH, HE ATE AND DROVE.
# 252 Q: AND DID YOU EAT AT THE SAME TIME WHILE YOU WERE IN THE CAR?
# 253 A: NO. A FEW FRENCH FRIES.
# 254 Q: SO AS HE ATE WITH ONE HAND, HE DROVE WITH THE OTHER; IS THAT RIGHT?
# 256 Q: WERE YOU ABLE TO SEE HIS HANDS?
# 258 Q: DID YOU SEE ANY INJURY TO EITHER HAND?
# 260 Q: ABOUT WHAT TIME WAS IT WHEN YOU GOT HOME?
# 261 A: IT WAS ABOUT 9:40.
# 262 Q: OKAY. DO YOU RECALL WHETHER YOU ENTERED THE PROPERTY AT 360 ROCKINGHAM THROUGH THE ROCKINGHAM OR ASHFORD GATE?
# 263 A: I'M PRETTY SURE IT WAS ASHFORD GATE.
# 264 Q: WHEN THE CAR -- WHEN HE PARKED THE CAR, CAN YOU TELL US, SIR, IN WHAT POSITION HE PARKED THE CAR WHEN YOU RETURNED?
# 265 A: THE SAME AS THE PICTURE.
# 266 Q: AND WHEN YOU SAY "THE PICTURE," YOU MEAN PEOPLE'S 136 ON THE SCREEN NOW?
# 268 Q: DO YOU REMEMBER HOW THE GATE ON ASHFORD OPENED WHEN YOU WENT INSIDE?
# 269 A: I DON'T, BUT IT JUST OPENED. I WASN'T AWARE. IT JUST WASN'T SOMETHING I LOOKED FOR.
# 270 Q: DID YOU LOOK TO SEE WHETHER THERE WERE ANY CARS PARKED ON THE -- AT THE CURB OF THE ASHFORD GATE?
# 272 Q: CAN YOU TELL US, SIR, WHETHER THE DEFENDANT OWNED ANY OTHER CAR BESIDES THE BENTLEY AND THE TESTEROSA YOU IDENTIFIED IN THE EARLIER PHOTOGRAPHS?
# 274 Q: AND WHAT WAS THAT?
# 278 Q: CAN YOU TELL US WHERE HE NORMALLY PARKED IT?
# 279 A: USUALLY ON ASHFORD.
# 282 Q: I MEAN NEAR THE GATE ON THE STREET?
# 283 A: YEAH, NEAR THE GATE.
# 284 Q: WHEN YOU FIRST MOVED INTO THE PROPERTY IN JANUARY OF 1994, DO YOU RECALL SEEING IT PARKED IN THAT LOCATION FROM THE FIRST TIME YOU MOVED IN?
# 285 MR. SHAPIRO: OBJECTION, LEADING.
# 286 THE COURT: SUSTAINED.
# 287 Q: BY MS. CLARK: WHEN DO YOU FIRST RECALL SEEING THE WHITE FORD BRONCO PARKED NEAR THE ASHFORD GATE ON THE STREET?
# 288 A: USUALLY ON ASHFORD?
# 291 Q: WHEN WAS THE FIRST TIME YOU NOTICED THAT?
# 292 A: THE EXACT DATE, I DON'T KNOW. PROBABLY JANUARY.
# 297 Q: IS THAT WHEN YOU MOVED INTO ROCKINGHAM?
# 299 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 300 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 301 MS. CLARK: YOUR HONOR, I HAVE ANOTHER PHOTOGRAPH. I WOULD ASK THAT IT BE MARKED PEOPLE'S 137.
# 302 THE COURT: ALL RIGHT. PEOPLE'S 137.
# 303 (PEO'S 137 FOR ID = PHOTOGRAPH) # 304 Q: BY MS. CLARK: LOOK AT YOUR MONITOR, SIR. MR. KAELIN, YOU CAN LOOK AT YOUR MONITOR?
# 306 Q: DO YOU SEE THE CAR THAT IS SHOWN IN PEOPLE'S 137?
# 308 Q: DO YOU RECOGNIZE THAT CAR?
# 311 A: THAT IS O.J.'S FORD WHITE BRONCO.
# 312 Q: THE ONE THAT YOU WERE DISCUSSING EARLIER?
# 314 Q: WHO DROVE THAT CAR, SIR?
# 315 A: UMM, O.J. AND SOMETIMES GIGI TO THE STORE.
# 317 A: NO. THAT I KNEW OF, NO.
# 318 Q: HOW OFTEN DID GIGI EVER DRIVE IT?
# 319 A: SOMETIMES SHE WOULD TAKE IT TO THE STORE. IF SHE NEEDED TO DO AN ERRAND, SHE COULD TAKE IT.
# 320 Q: OTHERWISE IT WAS THE DEFENDANT?
# 322 Q: ALL RIGHT. WHEN YOU GOT BACK TO -- WHEN YOU GOT BACK TO ROCKINGHAM, THE DEFENDANT PARKED THE CAR IN THE LOCATION YOU INDICATED ON PEOPLE'S 136, CAN YOU TELL US, SIR, WHAT HAPPENED NEXT?
# 323 A: AFTER THE MC DONALD'S?
# 325 A: UMM, I GOT OUT OF THE CAR AND I HAD MY FOOD AND I WALKED TOWARDS THE KITCHEN AND I THOUGHT I WAS KIND OF INVITING MYSELF, SO I TURNED AND I WENT TO MY ROOM.
# 326 Q: OKAY. SO YOU WERE CARRYING YOUR FOOD, SIR?
# 328 Q: YOU SAY YOU WALKED TOWARD THE KITCHEN. WERE YOU INSIDE THE HOUSE ALREADY?
# 330 Q: YOU WALKED TOWARD THAT DOOR?
# 331 A: TOWARD THE DOOR.
# 332 Q: AND WERE YOU INTENDING TO GO INSIDE THE HOUSE?
# 333 A: I WAS THINKING ABOUT, YOU KNOW, I WAS GOING TO DO IT AND I DIDN'T DO IT. YEAH, I THOUGHT I SHOULD EAT IN MY ROOM. I WAS GOING TO GO INTO THE KITCHEN AREA, BUT I THOUGHT I'M KIND OF INVITING MYSELF, I SHOULD PROBABLY GO TO MY ROOM.
# 334 Q: OKAY. SO YOU THOUGHT YOU WERE GOING TO HAVE YOUR DINNER WITH THE DEFENDANT INSIDE THE HOUSE?
# 336 Q: OKAY. WHEN YOU GOT TO THE EXTERIOR PART OF THE HOUSE IN FRONT OF THE KITCHEN --
# 337 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 338 Q: BY MS. CLARK: -- YOU STOPPED AT THAT POINT?
# 340 MS. CLARK: YOUR HONOR, I HAVE A PHOTOGRAPH. I ASK THAT IT BE MARKED PEOPLE'S 138. IT HAS BEEN SHOWN TO COUNSEL.
# 341 (PEO'S 138 FOR ID = PHOTOGRAPH) # 342 Q: BY MS. CLARK: DO YOU SEE THE LOCATION YOU ARE TALKING ABOUT WHEN YOU SAID YOU WALKED TOWARD THE KITCHEN AREA?
# 344 Q: I'M GOING TO USE MY -- THE LASER LIGHT AND ASK THAT YOU DIRECT IT, IF YOU CAN SEE THE SCREEN, SIR. DO YOU SEE THE LIGHT?
# 346 Q: OKAY. TELL IT WHERE TO GO.
# 347 A: OKAY. GO TO THE RIGHT, TO THE RIGHT MORE, UP AND GO ABOUT TWO INCHES TO THE RIGHT, AND THAT IS THE DOOR.
# 348 Q: ALL RIGHT. THAT LOCATION RIGHT THERE, (INDICATING)?
# 350 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 351 MS. CLARK: I'M GOING TO ASK THAT THAT AREA BE MARKED WITH A TELESTRATOR AND MAKE SURE IT IS CORRECT.
# 353 A: CORRECT. YES, THAT IS THE DOOR.
# 354 MS. CLARK: THANK YOU. ASK THAT THIS BE MARKED PEOPLE'S 138-A.
# 356 MS. CLARK: THANK YOU, YOUR HONOR.
# 357 (PEO'S 138-A FOR ID = PHOTOGRAPH) # 358 Q: BY MS. CLARK: WHEN YOU GOT TO THAT LOCATION WHAT DID YOU DO?
# 359 A: WHEN I GOT TO THE DOOR?
# 362 Q: OKAY. WHAT DID YOU SEE?
# 364 Q: AND WHERE WAS HE?
# 365 A: AT THE DRIVER'S SIDE DOOR OF THE ROLLS.
# 366 Q: DID YOU SAY ANYTHING TO HIM?
# 368 Q: WHAT DID YOU DO?
# 369 A: I LOOKED AND SAID, "I'LL EAT IN MY ROOM."
# 370 Q: WHAT DID YOU DO THEN?
# 371 A: I TOOK OFF TO MY ROOM TO EAT THROUGH THE PATH, THROUGH THE PATH TO MY ROOM.
# 372 Q: DID HE MAKE ANY RESPONSE TO YOU WHEN YOU SAID, "I'LL EAT IN MY ROOM"?
# 373 A: OH, NO, THAT WAS IN MY MIND, "I WILL EAT IN MY ROOM."
# 374 Q: YOU DIDN'T SAY THAT OUT LOUD?
# 375 A: OH, NO. IN MY HEAD I WAS GOING "I WILL EAT IN MY ROOM."
# 376 Q: DID HE SAY ANYTHING TO YOU?
# 378 Q: DID YOU SAY ANYTHING TO HIM?
# 380 Q: SO AFTER THE CAR WAS PARKED YOU GOT OUT AND WALKED TO THE KITCHEN DOOR. DID YOU HAVE ANY CONVERSATION WITH MR. SIMPSON?
# 382 Q: AND HE SAID NOTHING TO YOU?
# 384 Q: OKAY. WHEN YOU SAY YOU WALKED THROUGH THAT PATH, ARE YOU TALKING ABOUT THE PATH YOU DESCRIBED FOR US, THE PATH YOU ARE TALKING ABOUT?
# 385 A: PART OF IT IS ON THE PICTURE.
# 387 A: THAT IS THE DRIVEWAY. YOU CAN SEE WHERE THE PATH GOES AND IT COMES AROUND BY THE HEDGES HERE, (INDICATING). YOU CAN BARELY SEE IT IN THE SHOT, BUT THAT IS THE PATH.
# 388 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.) # 389 MS. CLARK: PEOPLE'S NEXT IN ORDER, 139, YOUR HONOR. THE PHOTOGRAPH HAS BEEN SHOWN TO COUNSEL.
# 390 (PEO'S 139 FOR ID = PHOTOGRAPH) # 391 Q: BY MS. CLARK: CAN YOU SEE THE BEGINNING OF THE PATH IN THIS PHOTOGRAPH, SIR?
# 393 Q: CAN YOU INDICATE TO US WHERE IT IS?
# 394 A: YEAH. RIGHT WHERE THE RIGHT ANGLE IS THERE IS THE PATH.
# 395 MS. CLARK: I'M GOING TO ASK THAT IT BE MARKED WITH THE TELESTRATOR.
# 396 BRIAN "KATO" KAELIN: YES.
# 397 Q: BY MS. CLARK: IS THAT IT?
# 398 A: YES, THAT IS THE PATH.
# 399 MS. CLARK: PEOPLE'S 139-A.
# 401 MS. CLARK: THANK YOU, YOUR HONOR.
# 402 (PEO'S 139-A FOR ID = PHOTOGRAPH) # 404 Q: WHAT HAPPENED NEXT?
# 405 A: OKAY. SO I TOOK THE FOOD AND I WALKED DOWN THE PATH TO MY ROOM AND I STARTED EATING THE FOOD AND I MADE A PHONE CALL.
# 406 Q: NOW, DID YOU MAKE THAT PHONE CALL IMMEDIATELY WHEN YOU GOT BACK TO YOUR ROOM OR DID YOU DO A COUPLE THINGS FIRST, DO YOU REMEMBER?
# 407 A: PRETTY MUCH RIGHT AWAY I DID. I MADE IT, YOU KNOW, WITHIN A MINUTE, I THINK. IT WAS PRETTY QUICK, I'M PRETTY SURE.
# 408 Q: ALL RIGHT. SO YOU -- AFTER YOU WALKED BACK TO YOUR ROOM, YOU ENTERED, WITHIN A MINUTE YOU MADE A PHONE CALL?
# 410 Q: WHO DID YOU CALL?
# 411 A: I CALLED TOM AGAIN.
# 412 Q: THE SAME TOM THAT YOU CALLED EARLIER BEFORE YOU LEFT FOR MC DONALD'S?
# 413 A: RIGHT. I TOLD HIM I WOULD CALL HIM BACK AND I CALLED HIM BACK.
# 414 Q: DO YOU RECALL EXACTLY WHAT TIME IT WAS THAT YOU CALLED HIM?
# 415 A: IT WAS ABOUT AFTER WE GOT BACK, 9:40, 9:45.
# 416 Q: AND WOULD IT REFRESH YOUR RECOLLECTION AS TO THE EXACT TIME THAT YOU CALLED HIM IF YOU SAW YOUR PHONE BILL?
# 419 Q: BY MS. CLARK: MR. KAELIN, IF YOU COULD, I'M GOING TO SHOW YOU FIRST --
# 421 Q: -- THAT SECOND ENTRY.
# 423 Q: ALL RIGHT. LET'S LOOK AT THAT FOR A MINUTE. OKAY. YOU ALREADY DESCRIBED THE FIRST ENTRY ON JUNE THE 12TH HERE AT 9:03, THAT FIRST CALL YOU MADE TO TOM IN SAN DIEGO. DO YOU SEE BELOW THAT ON JUNE 12, 9:37, INDICATED IN MILITARY TIME AS 2137, AT 9:37 A CALL TO SAN DIEGO?
# 425 Q: AGAIN, DOES THAT APPEAR TO BE THE SAME PHONE NUMBER YOU CALLED EARLIER THAT NIGHT?
# 427 Q: AGAIN, THIS SECOND CALL LASTED FOR APPROXIMATELY SEVEN MINUTES. DOES THAT COMPORT WITH YOUR MEMORY OF THE TIME AND THE DURATION OF THE CALL YOU MADE TO TOM?
# 429 Q: NOW, THAT CALL THAT YOU MADE AT 9:37, HOW LONG WAS THAT MADE AFTER YOU SAW THE DEFENDANT STANDING AT HIS CAR?
# 430 A: I -- PRETTY QUICKLY BECAUSE I THINK I WAS EATING MY FOOD ON THE PHONE, SO RIGHT AFTER. RIGHT AFTER, YEAH, WITHIN A MINUTE, A MINUTE TO TWO.
# 431 Q: A MINUTE TO TWO MINUTES?
# 432 (NO AUDIBLE RESPONSE.) # 434 A: YES, THAT IS YES.
# 435 THE COURT: ALL RIGHT. FOR THE RECORD, THE WITNESS AND COUNSEL WERE REFERRING TO THE BOARD, PEOPLE'S 135.
# 436 MS. CLARK: THANK YOU, YOUR HONOR. PERHAPS NOW IF I COULD LET THE JURY SEE IT.
# 438 Q: BY MS. CLARK: AFTER YOU COMPLETED THAT PHONE CALL TO TOM, APPROXIMATELY 9:44 THEN, WHAT HAPPENED NEXT?
# 439 A: I WANTED TO TYPE UP SOME LIKE RESUMES AND THERE IS AN OFFICE AREA WITH A TYPEWRITER.
# 440 Q: THAT OFFICE AREA THAT YOU DESCRIBED WAS PART OF THE AREA YOU LIVED IN?
# 442 Q: AND WHAT DID YOU DO IN THAT REGARD?
# 443 A: WELL, THERE IS A TYPEWRITER AND I GOT THE PAPER AND I PLUGGED IT IN AND IT MADE A NOISE, BUT IT WASN'T WORKING, SO I TRIED OTHER OUTLETS AND THEN IT WASN'T MAKING A NOISE ANY MORE AND I TRIED OUTLET AFTER OUTLET AND I KIND OF GAVE UP.
# 444 Q: OKAY. HOW LONG A PERIOD OF TIME DID YOU DO THAT?
# 445 A: OH, ABOUT -- AFTER FINDING EVERYTHING, ABOUT FIFTEEN TO TWENTY MINUTES.
# 446 Q: OKAY. SO CAN YOU TELL US APPROXIMATELY WHAT TIME IT WAS WHEN YOU GAVE UP ON THE TYPEWRITER?
# 447 A: WELL, LIKE ABOUT TEN -- 10:00 OR SO.
# 448 Q: OKAY. AND WHAT DID YOU DO THEN?
# 449 A: I MADE A PHONE CALL.
# 450 Q: AND WHAT -- AND WHAT PHONE CALL -- WHO DID YOU CALL?
# 451 A: ANOTHER FRIEND, RACHEL.
# 454 Q: WHAT TIME WAS IT, APPROXIMATELY, WHEN YOU PLACED THAT CALL, SIR?
# 455 A: ABOUT LIKE 10:10.
# 456 Q: NOW, AT THE TIME YOU MADE THAT PHONE -- THAT CALL TO RACHEL FERRARA, CAN YOU TELL US WERE THERE LIGHTS ON IN YOUR BEDROOM?
# 460 Q: THERE IS A -- YOU INDICATED THERE IS A BATHROOM THAT IS ATTACHED TO PART OF YOUR LIVING QUARTERS, RIGHT?