Redirect examination of Brian Kato Kaelin (part 2)

📄 Redirect examination of Brian Kato Kaelin (part 2) — Monday, March 27, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\27\REDIRECT-EXAMINATION-OF-BRIAN-.DOC

TRIAL

▲ Day 45 of 167

◀ Cross-examination of Brian Kato Kaelin Sidebar: competency and hearsay ▶

Witness: Brian "Kato" Kaelin
Examiner: Marcia Clark
Called by: Prosecution • Date: Monday, March 27, 1995 • Utterances: 12

A brief and largely procedural redirect examination of Kato Kaelin that was quickly interrupted. Clark asked Kaelin one question about whether one of OJ's absences was due to a golf game, and Kaelin gave a vague, uncertain answer. Clark then sought a sidebar to argue relevance and admissibility issues outside the witness's presence, which Ito granted.

# 1 THE COURT:

ALL RIGHT. ANY OTHER COMMENT FROM EITHER COUNSEL?

# 2 MR. SHAPIRO:

YES, YOUR HONOR. I'LL --

# 3 THE COURT:

MISS CLARK.

# 4 MS. CLARK:

YES.

# 5

REDIRECT EXAMINATION

# 6

BY MS. CLARK:

# 7 Q:

ARE YOU AWARE OF WHETHER ONE OF THOSE OCCASIONS WAS BECAUSE HE HAD A GOLF GAME WITH HIS GOLFING BUDDIES?

# 8 A:

I'M -- I'M NOT AWARE OF THAT, BUT IT COULD HAVE BEEN SAID BY NICOLE. I THINK SHE HAD MENTIONED THAT, SOMETHING -- I THINK IT MIGHT HAVE BEEN GOLF.

KEY QUOTE

# 9 MS. CLARK:

AND, YOUR HONOR, I WOULD LIKE TO BE HEARD OUTSIDE THE PRESENCE OF THIS WITNESS CONCERNING THE RELEVANCE AND THE NATURE OF HIS TESTIMONY. I WOULD LIKE TO CITE THE COURT TO THE SPECIFIC AREAS.

# 10 THE COURT:

NO. I UNDERSTAND THE AREAS. THE ISSUE IS THE COMPETENCY OF THE WITNESS AND 352 ISSUES.

KEY QUOTE

# 11 MS. CLARK:

I WOULD LIKE TO ADDRESS THIS OUTSIDE THE WITNESS' PRESENCE.

# 12 THE COURT:

ALL RIGHT. AT THE SIDEBAR.

Temperature

procedural

Key Quotes (2)

Kato Kaelin

I'M -- I'M NOT AWARE OF THAT, BUT IT COULD HAVE BEEN SAID BY NICOLE. I THINK SHE HAD MENTIONED THAT, SOMETHING -- I THINK IT MIGHT HAVE BEEN GOLF.

Kaelin's characteristically hedged and uncertain recall — he can't confirm a specific fact but attributes it to Nicole, keeping her voice in the testimony.

Lance A. Ito

NO. I UNDERSTAND THE AREAS. THE ISSUE IS THE COMPETENCY OF THE WITNESS AND 352 ISSUES.

Ito signals he is already focused on whether Kaelin is competent to testify about the subject matter and whether its probative value is outweighed by prejudice — foreshadowing limits on redirect scope.

Notable Exchanges (1)

Marcia Clark•Lance A. Ito

Clark requests to argue relevance and scope of Kaelin's testimony outside his presence; Ito cuts her off saying he already understands the issues, reframing them as witness competency and Evidence Code 352 concerns, then grants a sidebar.

strategic

Objections

None recorded

Proceeding 5426 • 12 utterances • Prosecution witness

Criminal Trial

Department 103