Voir dire of Brian Kato Kaelin

📄 Voir dire of Brian Kato Kaelin — Thursday, March 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\23\VOIR-DIRE-OF-BRIAN-KATO-KAELIN.DOC

TRIAL

▲ Day 44 of 167

◀ Cross-examination of Brian Kato Kaelin (part 9) Cross-examination of Brian Kato Kaelin (part 10) ▶

Witness: Brian "Kato" Kaelin
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, March 23, 1995 • Utterances: 41

Marcia Clark conducts a voir dire examination of Kato Kaelin to establish what he saw of a photograph of OJ Simpson's left finger while waiting in Clark's office before a prior interview. Kaelin admits he saw an image he recognized as 'a picture of a finger' on Clark's desk but insists he couldn't make out any detail and could not identify it among similar photographs. The examination concludes with Shapiro approaching for cross-examination over a Clark objection that was overruled.

# 1 MS. CLARK:

THANK YOU.

VOIR DIRE EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

MR. KAELIN, WHO SHOWED YOU A PICTURE OF THE DEFENDANT'S LEFT HAND?

# 4 A:

UH, NO ONE SHOWED ME. IT WAS -- I WAS -- AN INTERVIEW IN YOUR OFFICE.

# 5 Q:

AND HOW DID YOU HAPPEN TO SEE A PHOTOGRAPH OF THE DEFENDANT'S LEFT HAND IN MY OFFICE?

# 6 A:

IT WAS, UH, ON THE TABLE.

# 7 Q:

ON WHAT TABLE?

# 8 A:

ON YOUR DESK.

# 9 Q:

AND HOW DID YOU HAPPEN TO LOOK OVER ON MY DESK AND SEE IT?

# 10 A:

I WAS SITTING THERE AND WAITING -- WE WERE GOING TO TALK AND IT WAS RIGHT THERE.

# 11 Q:

WAS I THERE?

# 12 A:

YES.

# 13 Q:

AND WHAT -- WHAT WAS THE -- WERE WE DISCUSSING THE PHOTOGRAPH?

# 14 A:

NO.

# 15 Q:

WAS I TALKING TO SOMEONE ELSE ABOUT THE PHOTOGRAPH?

# 16 A:

NO.

# 17 Q:

YOU JUST HAPPENED TO GLANCE AT IT?

# 18 A:

YES.

# 19 Q:

AND CAN YOU DESCRIBE WHAT YOU WERE ABLE TO SEE?

# 20 A:

I -- I COULD JUST SEE IT WAS A PICTURE OF A FINGER.

KEY QUOTE

# 21 Q:

OKAY. AND HOW CLOSE WERE YOU TO THAT PHOTOGRAPH?

# 22 A:

PROBABLY WHERE THIS PAPER IS (INDICATING).

# 23 MS. CLARK:

MAY THE RECORD --

# 24 THE COURT:

APPROXIMATELY 18 INCHES.

KEY QUOTE

# 25 Q:

BY MS. CLARK: OKAY. AND HOW MUCH DETAIL WERE YOU ABLE TO SEE OF THAT PHOTOGRAPH? CAN YOU DESCRIBE IT NOW FOR US?

# 26 A:

UH, NOT MUCH DETAIL. I JUST KNEW IT WAS A FINGER, PICTURE OF A FINGER.

# 27 Q:

AND SO IF YOU WERE TO BE SHOWN SEVERAL PICTURES OF A MAN'S FINGER, WOULD YOU KNOW WHICH ONE IT WAS? COULD YOU PICK IT OUT?

# 28 A:

SAY THE QUESTION AGAIN?

# 29 Q:

IF YOU WERE TO BE SHOWN SEVERAL PHOTOGRAPHS OF A MAN'S MIDDLE FINGER WITH A CUT ON IT, COULD YOU PICK WHICH ONE IT WAS THAT YOU SAW ON MY DESK?

# 30 A:

NO.

# 31 Q:

TO THIS DAY, DO YOU HAVE AN INDEPENDENT RECOLLECTION OF EXACTLY HOW THAT FINGER LOOKED?

# 32 A:

NO.

# 33 Q:

ON THAT PHOTOGRAPH?

# 34 A:

NO.

# 35 THE COURT:

MR. SHAPIRO.

# 36 MR. SHAPIRO:

MAY I APPROACH THE WITNESS, YOUR HONOR?

# 37 THE COURT:

YES.

# 38 MS. CLARK:

YOUR HONOR, OBJECTION. THERE'S NO FOUNDATION. THIS IS LEADING AND IT'S -- BEYOND LEADING ACTUALLY.

# 39 THE COURT:

IT'S CROSS.

# 40 MS. CLARK:

IT'S CROSS, BUT NO FOUNDATION, YOUR HONOR.

# 41 THE COURT:

OVERRULED. OVERRULED.

Temperature

procedural

Key Quotes (3)

Kato Kaelin

I -- I COULD JUST SEE IT WAS A PICTURE OF A FINGER.

Establishes Kaelin had incidental exposure to what appears to be a prosecution exhibit (photo of Simpson's cut finger) before testifying, but could not retain meaningful detail.

Kato Kaelin

NO.

Repeated denial that he could identify the photograph or recall its details — central to whether his testimony was contaminated by the exposure.

Lance A. Ito

APPROXIMATELY 18 INCHES.

Judge steps in to quantify Kaelin's vague gesture for the record, a rare moment of judicial housekeeping on the record.

Evidence (1)

Informal

Photograph of OJ Simpson's left hand/middle finger, apparently showing a cut, seen on Clark's desk during a pre-testimony interview

discussed — witness exposure being probed

Notable Exchanges (2)

Marcia Clark•Kato Kaelin

Clark systematically walks Kaelin through exactly how and how well he saw the finger photograph — distance, context, detail — establishing that the exposure was incidental and left no usable impression.

strategic

Marcia Clark•Lance A. Ito

Clark objects to Shapiro approaching the witness without foundation; Ito overrules twice in quick succession, noting it is cross-examination.

procedural

Light Moments (1)

Lance A. Ito

Kaelin gestures vaguely at a piece of paper to indicate distance; Ito translates the gesture into 'approximately 18 inches' for the record.

Credibility Attacks (1)

⚔ Kato Kaelin

witness contamination / prior exposure to evidence

The voir dire probes whether Kaelin's testimony could be tainted by having seen a prosecution photograph of Simpson's injured finger before being called to testify. Kaelin's inability to recall any detail is used to defuse the concern.

Witness Demeanor

(INDICATING) — witness gestures toward a nearby paper to show distance rather than giving a verbal measurement

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5397 • 41 utterances • Prosecution witness

Criminal Trial

Department 103