Direct examination of Kato Kaelin (morning, part 4)

📄 Direct examination of Kato Kaelin (morning, part 4) — Wednesday, March 22, 1995

Address:

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

TRIAL

▲ Day 43 of 167

◀ Direct examination of Kato Kaelin (morning, part 3) Jury instructions ▶

Witness: Brian "Kato" Kaelin
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, March 22, 1995 • Utterances: 78

Marcia Clark walks the witness through the physical layout of his room and the surrounding property at Rockingham, using photographs to establish the location of his bedroom wall, bathroom window, and the south pathway. The testimony focuses on the witness's limited sight line from the bathroom window and his exact position — leaning against the bed's headboard — while on the phone with Rachel at the relevant time.

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

# 2 MS. CLARK:

I'M GOING TO SHOW YOU A PHOTOGRAPH THAT HAS PREVIOUSLY BEEN MARKED AS PEOPLE'S 129-B.

# 3 Q:

DO YOU SEE THE AREA THAT YOU EARLIER INDICATED IS THE BATHROOM?

# 4 A:

YES, I DO.

# 5 Q:

DOES THAT AREA HAVE A WINDOW?

# 6 A:

YES, IT DOES.

# 7 Q:

AND WHERE DOES THAT WINDOW FACE?

# 8 A:

SOUTH.

# 9 Q:

SOUTH?

# 10 A:

IT WOULD FACE THE BACK AREA TO THE NEIGHBOR'S.

# 11 Q:

AND WHEN YOU SAY "SOUTH," IS THERE A PATHWAY THAT RUNS ALONGSIDE THAT WALL?

# 12 A:

YES.

# 13 Q:

AND THAT SOUTH PATHWAY, DOES IT -- IS THAT THE BORDER OR THE END OF THE PROPERTY?

# 14 A:

YES.

# 15 Q:

TO THE SOUTH OF THAT WALKWAY IS THERE ANY KIND OF FENCE?

# 16 A:

YES.

# 17 Q:

AND WHAT KIND OF FENCE?

# 18 A:

I'M PRETTY SURE IT IS IRON, IRON FENCE.

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

# 20 Q:

BY MS. CLARK: I'M GOING TO SHOW YOU A PHOTOGRAPH THAT HAS BEEN PREVIOUSLY MARKED AS 68-A. OKAY. DO YOU RECOGNIZE THE LOCATION SHOWN THERE?

# 21 A:

YES.

# 22 Q:

TELL US WHAT IT IS.

# 23 A:

OKAY. THAT WOULD BE THE BACK OF THE ROOM -- OF MY ROOM, AND THAT IS THE NEIGHBOR'S YARD ON THE RIGHT OF THE FENCE AND THAT IS THE PATHWAY, THE WALKWAY.

# 24 Q:

DO YOU SEE SOMETHING JUTTING OUT OVER THE WALKWAY, SIR, JUTTING OUT OF THE WALL?

# 25 A:

YES, I DO.

# 26 Q:

WHAT IS THAT?

# 27 A:

THAT IS THE AIR CONDITIONER.

# 28 Q:

AND WHERE DOES THE FRONT OF THAT AIR CONDITION GO?

# 29 A:

IN MY ROOM.

# 30 Q:

NOW, WHEN YOU SAY THAT IS THE WALL OF YOUR -- THE OUTSIDE WALL OF YOUR ROOM, I'M GOING TO ASK THAT --

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

# 32 Q:

BY MS. CLARK: I'M GOING TO ASK YOU TO DIRECT THE ARROW TO POINT TO WHAT WALL YOU ARE TALKING ABOUT.

# 33 A:

OKAY. UMM, IT IS -- IT IS REAL DARK FROM WHERE I'M SITTING. I CAN'T -- BUT THE PATHWAY IS THERE, I CAN TELL, AND THE ARROW IS ON THE WALL. OKAY. KEEP --

# 34 Q:

TELL THE ARROW -- TELL THE ARROW.

# 35 A:

TO GO WHERE? TO THE AIR CONDITIONER OR THE WALL?

# 36 Q:

TO GO TO YOUR WALL.

# 37 A:

OKAY. YOU ARE -- GO TO THE AIR CONDITIONER WITH THE ARROW. OKAY. THAT IS THE WALL. YOU ARE ON THE WALL.

# 38 Q:

OKAY. AND WHERE DOES YOUR WALL END?

# 39 A:

WELL, THE CAN'T TELL FROM THAT SHOT WHERE IT ENDS, BUT THERE IS AN OFFICE THAT LEADS TO THE MAIN HOUSE.

# 40 Q:

OKAY. BUT IS THAT THE WALL THAT IS THE OUTSIDE OF YOUR ROOM, SIR?

# 41 A:

YES, IT IS.

# 42 MS. CLARK:

OKAY. COULD THAT BE 68-B?

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

# 44 MS. CLARK:

68-B(1).

# 45 THE COURT:

NOTED.

# 46 MR. FAIRTLOUGH:

A(1).

# 47 MS. CLARK:

A(1).

# 48 THE COURT:

EXCUSE ME. PEOPLE'S 68-A(1). THANK YOU.

# 49 (PEO'S 68-A(1) FOR ID = PHOTOGRAPH)

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

# 51 Q:

BY MS. CLARK: NOW, THAT WALL, SIR, THAT THE ARROW IS POINTING TO, IS THAT THE WALL -- THE OUTSIDE OF THE WALL THAT YOUR BED WOULD BE PLACED AGAINST?

# 52 A:

YES.

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

# 54 Q:

BY MS. CLARK: NOW, WE WERE TALKING EARLIER ABOUT THE WINDOW THAT IS INSIDE THE BATHROOM OF YOUR RESIDENCE. CAN YOU SEE OUT -- WHEN YOU LOOK OUT THAT WINDOW, SIR, ARE YOU ABLE TO SEE THE AREA THAT WOULD BE TO THE RIGHT OF THE AIR CONDITIONER OF THE SOUTH PATHWAY?

# 55 A:

NOT REALLY.

# 56 Q:

HOW MUCH OF A VIEW OF THE SOUTH PATHWAY CAN YOU GET FROM THAT BATHROOM WINDOW?

# 57 A:

YOU CAN -- YOU CAN SEE OUT JUST IN FRONT OF YOU.

KEY QUOTE

# 58 Q:

SO YOU CAN'T SEE TO THE RIGHT OR THE LEFT?

# 59 A:

WELL, I GUESS IF YOU -- IF YOU WANTED TO LIKE STICK YOUR HEAD OR SOMETHING OUT, BUT THE WINDOW ITSELF YOU CAN'T. IT IS --

# 60 Q:

I'M SORRY?

# 61 A:

-- TURN CRANK HANDLE AND THE WINDOW GOES LIKE THAT, (INDICATING), SO IF IT BLOCKS -- IF IT TURNS, YOU CAN'T REALLY SEE TO THE RIGHT BECAUSE IT BLOCKS THINGS.

KEY QUOTE

# 62 Q:

OKAY. SO THE WINDOW OPENS OUT FROM LEFT TO RIGHT?

# 63 A:

YEAH, IT DOES.

# 64 Q:

OKAY. AND CAN YOU CRANK IT ALL THE WAY TO THE RIGHT SO THAT IT WOULD GO FLUSH AGAINST THE HOUSE?

# 65 A:

I DON'T THINK SO. I DON'T THINK YOU CAN.

# 66 Q:

OKAY. WHILE YOU WERE TALKING TO RACHEL ON THE PHONE, WHERE WERE YOU IN YOUR ROOM?

# 67 A:

I WAS LEANING AGAINST THE BED.

KEY QUOTE

# 68 Q:

OKAY. LOOK AT YOUR MONITOR, SIR.

# 69 (WITNESS COMPLIES.)

# 70 Q:

WHEN YOU SAY YOU WERE LEANING AGAINST THE BED --

# 71 A:

OKAY. SEE THE BED?

# 72 Q:

YES.

# 73 A:

THERE IS A -- THE HEADBOARD?

# 74 Q:

YES.

# 75 A:

OKAY. RIGHT THERE KIND OF, SO TAKE THE AN ARROW AND GO STRAIGHT AHEAD, RIGHT THERE, (INDICATING).

# 76 Q:

WAS YOUR BACK UP AGAINST THAT HEADBOARD?

# 77 A:

YES.

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

Temperature

procedural

Key Quotes (3)

Witness

YOU CAN -- YOU CAN SEE OUT JUST IN FRONT OF YOU.

Establishes that the bathroom window offered no meaningful view of the south pathway where the glove was later found.

Witness

I WAS LEANING AGAINST THE BED.

Places the witness in a specific position in his room during the phone call with Rachel, establishing his location during the critical time window.

Witness

IT IS -- TURN CRANK HANDLE AND THE WINDOW GOES LIKE THAT, (INDICATING), SO IF IT BLOCKS -- IF IT TURNS, YOU CAN'T REALLY SEE TO THE RIGHT BECAUSE IT BLOCKS THINGS.

Explains the mechanical limitation of the window, reinforcing that the witness could not have seen activity on the south pathway.

Evidence (3)

People's 129-B

Photograph showing the bathroom area and window of witness's room

discussed

People's 68-A

Photograph showing the back of the witness's room, the south walkway, the iron fence, and the air conditioner jutting from the exterior wall

discussed

People's 68-A(1)

Same photograph, re-marked mid-examination after numbering confusion between Clark and Fairtlough

introduced

Notable Exchanges (2)

Marcia Clark•Witness

Extended back-and-forth using an on-screen arrow to identify the exterior wall of the witness's room; witness struggled to see the monitor clearly from his seat.

procedural

Marcia Clark•Mr. Fairtlough•Judge Ito

Brief confusion over the correct exhibit number (68-B vs. 68-A(1)); Ito corrected the record.

administrative

Light Moments (1)

Witness

Witness, trying to direct an on-screen arrow, asks 'TO GO WHERE? TO THE AIR CONDITIONER OR THE WALL?' — a moment of mild confusion navigating the video-display technology.

Witness Demeanor

(WITNESS COMPLIES.) — witness looks at monitor when directed

(INDICATING) — witness gestures toward monitor to show window crank motion

(INDICATING) — witness points to headboard position on monitor

Objections

None recorded

Proceeding 5379 • 78 utterances • Prosecution witness

Criminal Trial

Department 103