Cross-examination of Brian Kato Kaelin (part 10)

📄 Cross-examination of Brian Kato Kaelin (part 10) — Thursday, March 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\23\CROSS-EXAMINATION-OF-BRIAN-KAT.DOC

TRIAL

▲ Day 44 of 167

◀ Voir dire of Brian Kato Kaelin Redirect examination of Brian Kato Kaelin (part 1) ▶

Witness: Brian "Kato" Kaelin
Examiner: Robert Shapiro
Called by: Prosecution • Date: Thursday, March 23, 1995 • Utterances: 40

Shapiro cross-examines Kato Kaelin about OJ Simpson's appearance as he entered the limousine on the night of June 12th. The key focus is whether OJ appeared sweaty or agitated — Shapiro uses Kaelin's grand jury testimony to lock him into saying OJ was not sweaty, supporting the defense narrative that OJ appeared calm and normal when departing. Two photographs of OJ's finger (People's 123/123-A) are also shown, with Kaelin confirming he did not observe any injury to the finger at 11pm.

# 1

CROSS-EXAMINATION (RESUMED)

# 2

BY MR. SHAPIRO:

# 3 Q:

MAY I SHOW YOU TWO PHOTOGRAPHS, SIR?

# 4 MR. SHAPIRO:

MAY I APPROACH, YOUR HONOR?

# 5 Q:

BY MR. SHAPIRO: THEY'VE BEEN MARKED PEOPLE'S EXHIBIT 123 AND PEOPLE'S EXHIBIT 123-A. ASK YOU TO LOOK AT THOSE PHOTOGRAPHS. ON JUNE 12TH AT 11:00 O'CLOCK, DID YOU SEE O.J.'S FINGER IN THAT CONDITION?

# 6 MS. CLARK:

OBJECTION. THAT ASSUMES FACTS NOT IN EVIDENCE.

# 7 THE COURT:

OVERRULED.

# 8 BRIAN "KATO" KAELIN:

NO.

# 9 Q:

BY MR. SHAPIRO: DID YOU OBSERVE WHETHER OR NOT -- DID YOU OBSERVE HIM AS HE ENTERED THE LIMOUSINE?

# 10 A:

NO.

# 11 Q:

DID YOU OBSERVE HIM JUST PRIOR TO ENTERING THE LIMOUSINE?

# 12 A:

I SAW HIM.

# 13 Q:

WAS HE SWEATING?

# 14 A:

I WOULDN'T -- COULDN'T TELL.

KEY QUOTE

# 15 Q:

YOU PREVIOUSLY ANSWERED TO THAT QUESTION HE WAS NOT?

# 16 A:

WAS THAT A QUESTION? I AM SORRY.

# 17 Q:

YOU TESTIFIED BEFORE THE GRAND JURY ON PAGE 93, LINE 6, 7 AND 8 -- RECALL MISS CLARK ASKING YOU A QUESTION, "WHEN YOU SAW HIM LATER THAT NIGHT AND HE WAS GETTING INTO THE LIMO, HE WAS GETTING READY TO GO, DID HE SEEM HOT OR SWEATY"? DO YOU RECALL HER ASKING YOU THAT QUESTION?

# 18 A:

UMM, YES. SORT OF.

# 19 Q:

AND LET ME SHOW YOU THAT QUESTION AND ANSWER ON -- FROM YOUR GRAND JURY TRANSCRIPT. DOES THAT REFRESH YOUR MEMORY --

# 20 A:

YES.

# 21 Q:

-- AS TO WHAT YOUR ANSWER WAS AS TO WHETHER OR NOT AT THE TIME O.J. SIMPSON GOT INTO THE LIMOUSINE, WAS HE HOT OR SWEATY? WHAT WAS YOUR ANSWER?

# 22 A:

I SAID NO.

# 23 Q:

AND DOES THAT REFRESH YOUR MEMORY AS TO WHAT HIS CONDITION WAS?

# 24 MS. CLARK:

OBJECTION. I ASK THE WITNESS BE PERMITTED TO COMPLETE THE PASSAGE. TAKE THAT 356.

# 25 THE COURT:

ALL RIGHT. HOLD ON. FINISH YOUR QUESTION AND ANSWER, MR. SHAPIRO.

# 26 Q:

BY MR. SHAPIRO: DOES THAT REFRESH YOUR MEMORY AS TO WHAT HIS CONDITION WAS, WHETHER HE WAS HOT OR SWEATY ON THAT EVENING GETTING INTO THE LIMOUSINE?

# 27 A:

YES.

# 28 Q:

IS THERE ANYTHING ELSE ON THAT PAGE THAT WOULD HELP YOU IN THAT AREA?

# 29 A:

CAN I READ IT?

# 30 Q:

YEAH.

# 31 A:

OKAY.

# 32 MR. SHAPIRO:

I HAVE NO OBJECTION IF MISS CLARK WANTS HIM TO READ THE WHOLE PAGE. IS THAT -- IF THAT'S HER DESIRE, YOUR HONOR.

# 33 THE COURT:

MISS CLARK?

# 34 MS. CLARK:

SURE. READ EVERYTHING HE WANTS. I JUST WANT TO BE ABLE TO READ EVERYTHING PERTAINING TO THAT --

# 35 MR. SHAPIRO:

GO AHEAD. READ THE WHOLE PAGE TO THE JURY.

# 36 BRIAN "KATO" KAELIN:

OKAY. IT SAYS: "QUESTION: WHEN YOU SAW HIM LATER THAT NIGHT AND HE WAS GETTING INTO THE LIMO, HE WAS GETTING READY TO GO, DID HE SEEM SWEATY OR HOT? "ANSWER: NO. "QUESTION: YOU DON'T RECALL THAT? "ANSWER: I DON'T RECALL THAT."

KEY QUOTE

# 37 THE COURT:

SLOW DOWN.

# 38 BRIAN "KATO" KAELIN:

OH. NEXT QUESTION WAS: "WERE YOU SWEATY OR HOT AT THAT TIME? "ANSWER: NO. "QUESTION: AT ANY TIME THAT NIGHT? "ANSWER: NO."

# 39 MR. SHAPIRO:

OKAY. I THINK THAT COMPLETES THE AREA ON THE EXAMINATION. THANK YOU VERY MUCH. NOTHING FURTHER.

# 40 THE COURT:

MS. CLARK.

Temperature

tense

Key Quotes (3)

Kato Kaelin

QUESTION: WHEN YOU SAW HIM LATER THAT NIGHT AND HE WAS GETTING INTO THE LIMO, HE WAS GETTING READY TO GO, DID HE SEEM SWEATY OR HOT? ANSWER: NO. QUESTION: YOU DON'T RECALL THAT? ANSWER: I DON'T RECALL THAT.

Kaelin reads his own grand jury testimony aloud to the jury, cementing that he previously said OJ was not sweaty or hot — consistent with a defense argument that OJ appeared calm before departing.

Kato Kaelin

I WOULDN'T -- COULDN'T TELL.

Kaelin's initial evasiveness on whether OJ was sweaty, before Shapiro impeached him with his grand jury answer, shows the witness hedging on cross.

Kato Kaelin

NO.

Kaelin's direct answer that he did not observe OJ's finger in the injured condition shown in People's 123/123-A at 11pm on June 12th — relevant to when the cut occurred.

Evidence (3)

People's 123

Photograph of OJ Simpson's finger, showing an injury or condition

shown to witness; Kaelin confirmed he did not see OJ's finger in that condition at 11pm on June 12th

People's 123-A

Second photograph of OJ Simpson's finger

shown to witness alongside People's 123

Informal

Kato Kaelin's grand jury transcript, page 93 lines 6-8

used by Shapiro to refresh Kaelin's memory and impeach his hesitant in-court testimony about whether OJ was sweaty

Notable Exchanges (2)

Robert Shapiro•Kato Kaelin

Shapiro catches Kaelin hedging ('I WOULDN'T -- COULDN'T TELL') on whether OJ was sweaty, then shows him the grand jury transcript where he clearly answered 'No.' Kaelin is boxed in.

strategic

Marcia Clark•Robert Shapiro•Judge

Clark objects that the witness should be allowed to read the complete passage from the grand jury transcript, not just the lines Shapiro selected. Shapiro agrees and invites Kaelin to read the full page to the jury — a confident move suggesting the rest of the passage doesn't hurt the defense.

strategic

Light Moments (1)

Kato Kaelin

After reading the grand jury passage about OJ's sweatiness, the transcript shifts to questions about whether Kaelin himself was sweaty — 'WERE YOU SWEATY OR HOT AT THAT TIME? ANSWER: NO.' An odd detour that Kaelin reads aloud to the jury with apparent sincerity.

Credibility Attacks (1)

⚔ Kato Kaelin

prior inconsistent statement / grand jury transcript impeachment

Shapiro used Kaelin's grand jury testimony (page 93) to contradict his in-court hedging about whether OJ was sweaty entering the limo. Kaelin's evasive answer in court ('couldn't tell') was undercut by his clear 'No' before the grand jury.

Witness Demeanor

Evasive and uncertain on initial questioning ('I WOULDN'T -- COULDN'T TELL')

Asks clarifying questions back to Shapiro ('WAS THAT A QUESTION? I AM SORRY.')

Compliant once shown the transcript; reads the passage slowly enough that the judge admonishes him to slow down

Objections

2 objections (0 sustained, 1 overruled)

Proceeding 5398 • 40 utterances • Prosecution witness

Criminal Trial

Department 103