Sidebar: grand jury testimony

📄 Sidebar: grand jury testimony — Thursday, March 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\23\SIDEBAR-GRAND-JURY-TESTIMONY.DOC

TRIAL

▲ Day 44 of 167

◀ Cross-examination of Brian Kato Kaelin (part 5) Cross-examination of Brian Kato Kaelin (part 6) ▶

Date: Thursday, March 23, 1995 • Utterances: 7

At sidebar, Shapiro explained he was trying to counter an implication by Clark that OJ's desire to attend his daughter's recital and his frustration at being denied access was somehow sinister. Shapiro wanted to use Kato Kaelin — and apparently questions about Kato's own daughter — to establish a foundation for how fathers relate to young daughters. Judge Ito sustained the objection, cutting off that line of questioning.

# 1 THE COURT:

AT THE SIDE BAR WITH THE REPORTER, PLEASE.

# 2 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 3 THE COURT:

WHERE ARE WE GOING WITH THIS? AT THE SIDE BAR.

# 4 MR. SHAPIRO:

JUST A FOUNDATIONAL QUESTION THAT ONE OF THE THINGS THAT MISS CLARK WANTED TO IMPLY TO THE JURY WAS THAT O.J. WANTED TO SPEND TIME WITH HIS DAUGHTER AND THAT THIS WAS SOMEHOW UNUSUAL AND THAT HE WASN'T ALLOWED TO AND THAT HE WAS VERY, VERY MAD ABOUT IT. AND I WANT TO TALK ABOUT THE TIME THAT HE DOES SPEND WITH HIS DAUGHTER AND THAT THOSE ARE CHERISHED TIMES AND THAT IT WOULD BE PERFECTLY NATURAL THAT IF HE WAS NOT ALLOWED TO SPEND TIME WITH HIS DAUGHTER AT A RECITAL, THAT HE MIGHT BE DISAPPOINTED.

# 5 THE COURT:

BUT TALKING ABOUT THAT THROUGH KATO KAELIN AND TALKING ABOUT KATO'S DAUGHTER, I MEAN, THAT IS --

KEY QUOTE

# 6 MR. SHAPIRO:

THAT WAS JUST TO SEE IF HE COULD ESTABLISH A BASIS FOR A KNOWLEDGE OF HOW A FATHER RELATES TO A YOUNG DAUGHTER.

KEY QUOTE

# 7 THE COURT:

ALL RIGHT. I WILL SUSTAIN THE OBJECTION.

Temperature

procedural

Key Quotes (3)

Robert Shapiro

I WANT TO TALK ABOUT THE TIME THAT HE DOES SPEND WITH HIS DAUGHTER AND THAT THOSE ARE CHERISHED TIMES AND THAT IT WOULD BE PERFECTLY NATURAL THAT IF HE WAS NOT ALLOWED TO SPEND TIME WITH HIS DAUGHTER AT A RECITAL, THAT HE MIGHT BE DISAPPOINTED.

Shapiro frames OJ's emotional reaction to missing his daughter's recital as ordinary parental disappointment rather than evidence of controlling or dangerous behavior.

Lance A. Ito

TALKING ABOUT THAT THROUGH KATO KAELIN AND TALKING ABOUT KATO'S DAUGHTER, I MEAN, THAT IS --

The judge signals skepticism mid-sentence — the connection between Kato's personal experience as a father and OJ's relationship with his daughter is too attenuated.

Robert Shapiro

THAT WAS JUST TO SEE IF HE COULD ESTABLISH A BASIS FOR A KNOWLEDGE OF HOW A FATHER RELATES TO A YOUNG DAUGHTER.

Shapiro concedes the indirect nature of the foundation he was trying to lay, which likely sealed the judge's ruling against him.

Notable Exchanges (1)

Robert Shapiro•Lance A. Ito

Shapiro tries to justify using Kato's personal relationship with his own daughter as a vehicle to humanize OJ's feelings about missing his daughter's recital. Ito cuts him off mid-sentence and sustains the objection.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5391 • 7 utterances

Criminal Trial

Department 103