Direct examination of Rachel Ferrara (part 1)

📄 Direct examination of Rachel Ferrara (part 1) — Tuesday, March 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\28\DIRECT-EXAMINATION-OF-RACHEL-F.DOC

TRIAL

▲ Day 46 of 167

◀ Administrative: transcript discussion Sidebar: hearsay objection ▶

Witness: Rachel Ferrara
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, March 28, 1995 • Utterances: 127

Marcia Clark examines Rachel Ferrara, a friend of Kato Kaelin, who received a phone call from him at approximately 10:20 PM on the night of June 12, 1994. Ferrara testifies that Kato told her it was 10:30 PM and then, approximately ten minutes later, described hearing a loud bang on his wall that he initially thought was an earthquake. The testimony is repeatedly interrupted by sustained hearsay objections from Cochran, and the proceeding ends mid-examination with a sidebar over evidence code exceptions.

# 1

DIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

OKAY. MISS FERRARA, ARE YOU A FRIEND OF SOMEONE BY THE NAME OF BRIAN KAELIN, ALSO KNOWN AS KATO KAELIN?

# 4 A:

YES.

# 5 Q:

AND HOW LONG HAVE YOU KNOWN HIM?

# 6 A:

I HAVE KNOWN HIM SINCE MARCH OF '94.

# 7 Q:

AND DURING THE TIME THAT YOU KNEW HIM IN 1994, WHERE WAS HE LIVING?

# 8 A:

IN O.J.'S GUEST HOUSE.

# 9 Q:

AND WHERE WAS THAT HOUSE?

# 10 (NO AUDIBLE RESPONSE.)

# 11 Q:

WHAT WAS THE ADDRESS OF THAT HOUSE?

# 12 A:

UMM, 360 NORTH ROCKINGHAM.

# 13 Q:

IN BRENTWOOD?

# 14 A:

UH-HUH, YES.

# 15 Q:

AND HAD YOU EVER VISITED HIM AT THAT GUEST HOUSE?

# 16 A:

YES.

# 17 Q:

SO YOU KNOW WHAT IT LOOKS LIKE?

# 18 A:

YES.

# 19 Q:

ON JUNE THE 12TH OF 1994, DID YOU RECEIVE A CALL FROM KATO KAELIN?

# 20 A:

YES.

# 21 Q:

AT APPROXIMATELY WHAT TIME?

# 22 A:

APPROXIMATELY 10:20.

# 23 Q:

AND WHERE WERE YOU WHEN YOU GOT THIS CALL?

# 24 A:

AT HOME.

# 25 Q:

I'M SORRY?

# 26 A:

AT HOME.

# 27 Q:

WITHOUT GIVING US YOUR ADDRESS, WHERE THAT WAS AT THE TIME, TELL US THE GENERAL AREA YOU WERE LIVING IN ON JUNE THE 12TH OF 1994.

# 28 A:

IT IS WEST L.A., PALMS.

# 29 Q:

OKAY. ABOUT HOW MANY MILES FROM ROCKINGHAM AND BRENTWOOD WOULD THAT BE?

# 30 A:

UMM, TEN MILES. THAT IS A GUESS. I REALLY DON'T KNOW.

# 31 Q:

OKAY. AT 10:20 P.M. WHAT WERE YOU DOING WHEN YOU GOT THAT PHONE CALL FROM MR. KAELIN?

# 32 A:

I WAS, UMM, WATCHING T.V.; NOT MUCH.

# 33 Q:

DID YOU HAVE A CONVERSATION WITH HIM?

# 34 A:

YES.

# 35 Q:

WHAT DID YOU TALK ABOUT?

# 36 A:

WE TALKED ABOUT --

# 37 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 38 THE COURT:

SUSTAINED.

# 39 Q:

BY MS. CLARK: DID YOU DISCUSS WITH HIM A TYPEWRITER?

# 40 A:

YES.

# 41 Q:

ALL RIGHT. AND AFTER THAT DISCUSSION DID YOU HAVE SOME FURTHER DISCUSSION ABOUT ACTIVITIES THAT YOU WERE INVOLVED IN AT THAT TIME PERIOD?

# 42 A:

A LITTLE BIT, YES.

# 43 Q:

WERE YOU STUDYING ACTING AT THAT TIME?

# 44 A:

YES.

# 45 Q:

WERE YOU AND KATO INVOLVED IN SOME PROJECT TOGETHER OR JOB TOGETHER AT THAT TIME?

# 46 A:

YES.

# 47 Q:

AND WHAT WAS THAT?

# 48 A:

A MOVIE WE WERE BOTH WORKING ON.

# 49 Q:

WERE YOU ACTING IN THAT MOVIE?

# 50 A:

NO.

# 51 Q:

WHAT WERE YOU DOING?

# 52 A:

I WAS A PRODUCTION ASSISTANT.

# 53 Q:

AND WHAT WAS KATO KAELIN DOING?

# 54 A:

HE WAS DOING A LITTLE BIT OF EVERYTHING. HE WAS DOING SOME EXTRAS CASTING AND HE WAS AN ASSISTANT TO ONE OF THE PRODUCERS AND HE WAS -- HE HAD A PART, BUT -- WELL, THEY CUT IT OUT, BUT HE HAD A PART.

# 55 Q:

HE HAD A PART BUT THEY CUT IT OUT?

# 56 A:

YES.

# 57 Q:

SO OTHER THAN THAT, WHAT KIND OF DUTIES WAS HE PERFORMING? GOFER?

# 58 A:

A LITTLE BIT, YES. WELL, HE WAS AN ASSISTANT TO A PRODUCER, SO I GUESS THEY MAKE YOU DO PROBABLY ABOUT ANYTHING THEY CAN, SO --

# 59 Q:

ABOUT ANYTHING, WHICH WOULD BE?

# 60 A:

UMM, RUNNING ERRANDS, YOU KNOW, MAYBE TAKING PEOPLE TO LUNCH, UMM, JUST HANDLING THEIR AFFAIRS BASICALLY. IT DEPENDS.

# 61 Q:

NOW, DID KATO TALK TO YOU ABOUT WHAT HE HAD DONE EARLIER THAT EVENING?

# 62 A:

SOMEWHAT, YES.

# 63 Q:

DID HE TALK TO YOU ABOUT GOING TO MC DONALD'S WITH MR. SIMPSON?

# 64 A:

YES.

# 65 Q:

DURING THE COURSE OF YOUR CONVERSATION DID YOU HAPPEN TO ASK KATO KAELIN WHAT TIME IT WAS?

# 66 A:

YES.

# 67 Q:

AND HOW DO YOU HAPPEN TO RECALL THAT?

# 68 A:

BECAUSE WE WERE GOING TO GO OUT AND DO SOMETHING AND I ASKED HIM -- I WAS TRYING TO FIGURE OUT IF IT WAS TOO LATE AND HE SAID -- SO I ASKED HIM WHAT TIME IT WAS AND HE SAID 10:30.

# 69 Q:

NOW, YOU WERE SUPPOSED TO GO OUT WITH HIM THAT NIGHT, WERE YOU?

# 70 A:

YES. WELL, I DON'T KNOW OUT, BUT --

# 71 Q:

GET TOGETHER?

# 72 A:

YES.

# 73 Q:

AND SO AFTER HE TOLD YOU IT WAS 10:30, AT SOME POINT AFTER THAT DID SOMETHING UNUSUAL OCCUR DURING THE COURSE OF YOUR CONVERSATION WITH HIM?

# 74 A:

YES.

# 75 Q:

WHAT WAS THAT?

# 76 A:

WELL, HE DESCRIBED IT AS AN EARTHQUAKE. UMM, HE SAID THERE WAS A BANG ON HIS WALL.

KEY QUOTE

# 77 Q:

OKAY. AND ABOUT HOW LONG AFTER YOU HAD ASKED THE TIME AND HE TOLD YOU IT WAS 10:30 DID HE DESCRIBE AN EARTHQUAKE OCCURRING?

# 78 A:

AFTER 10:30?

# 79 Q:

RIGHT. YOU ASKED HIM WHAT TIME IT WAS; HE SAID 10:30, CORRECT?

# 80 A:

RIGHT.

# 81 Q:

AT SOME POINT AFTER THAT HE DESCRIBED AN EARTHQUAKE OCCURRING?

# 82 A:

UH-HUH.

# 83 Q:

HOW LONG AFTER THAT TIME WHEN HE SAID IT WAS 10:30 DID HE DESCRIBE HEARING AN EARTHQUAKE?

# 84 A:

APPROXIMATELY TEN MINUTES.

# 85 Q:

AND HOW DID HE DESCRIBE THAT EARTHQUAKE SOUND?

# 86 A:

HE SAID IT WAS A BANG.

# 87 Q:

AND WHEN HE TOLD YOU ABOUT THAT, HOW DID HE SOUND?

# 88 A:

HE SOUNDED CONFUSED AND STARTLED AND CONCERNED.

KEY QUOTE

# 89 Q:

DID HE SOUND SCARED?

# 90 MR. COCHRAN:

OBJECTION. LEADING AND SUGGESTIVE, YOUR HONOR.

# 91 THE COURT:

SUSTAINED.

# 92 Q:

BY MS. CLARK: DID HE INDICATE TO YOU IN ANY WAY THAT HE WAS -- HOW DID HE INDICATE TO YOU THAT HE WAS CONCERNED?

# 93 A:

WELL, BECAUSE WE TRIED TO FIGURE OUT WHAT IT WAS AND HE SAID, "WAS THERE AN EARTHQUAKE?" AND I HAD THE T.V. ON SO I SAID "NO" -- FOR ONE THING, I DIDN'T FEEL ANYTHING AND ALSO BECAUSE THEY USUALLY REPORT IT RIGHT AWAY, SOME SORT OF INDICATION, AND UMM, JUST BECAUSE HE KEPT REFERRING BACK TO IT IN THE CONVERSATION.

# 94 Q:

OKAY. AFTER HE --

# 95 A:

AND IT ALSO KNOCKED HIS PICTURE.

# 96 Q:

HE SAID IT MOVED THE PICTURE ON HIS WALL?

# 97 A:

RIGHT.

# 98 Q:

AFTER HE -- AFTER YOU SAID "NO," IT WAS NOT AN EARTHQUAKE --

# 99 A:

YES.

# 100 Q:

-- DID HE INDICATE SOME CONCERN TO YOU?

# 101 A:

YES.

# 102 Q:

AND WHAT CONCERN WAS THAT?

# 103 A:

WE THOUGHT MAYBE SOMEBODY WAS OUTSIDE.

# 104 Q:

ALL RIGHT. BUT YOU CONTINUED TO TALK TO HIM FOR A LITTLE WHILE AFTER THAT, DID YOU?

# 105 A:

YES.

# 106 Q:

ABOUT HOW LONG?

# 107 A:

APPROXIMATELY TEN MINUTES OR SO.

# 108 Q:

OKAY. DURING THAT TEN MINUTES THAT YOU CONTINUED TO TALK TO HIM DID THE SUBJECT OF THAT BANG COME UP AGAIN?

# 109 A:

YES.

# 110 Q:

HOW MANY TIMES?

# 111 A:

OH, I DON'T KNOW HOW MANY TIMES. I JUST KNOW THAT IT CAME UP AGAIN.

# 112 Q:

OKAY. WHAT DID HE TELL YOU WITH RESPECT TO WHAT HE WAS GOING TO DO ABOUT IT?

# 113 MR. COCHRAN:

OBJECTION, LEADING AND SUGGESTIVE, YOUR HONOR. HEARSAY.

# 114 THE COURT:

SUSTAINED.

# 115 Q:

BY MS. CLARK: DID HE INDICATE TO YOU WHAT, IF ANYTHING, HE WAS GOING TO DO ABOUT THAT, THAT BANG?

# 116 A:

WELL, AT THE --

# 117 MR. COCHRAN:

SHOULD BE ANSWERED YES OR NO. DID HE TELL YOU WHAT HE WAS GOING TO DO?

# 118 RACHEL FERRARA:

YES.

# 119 THE COURT:

ALL RIGHT. NEXT QUESTION. THANK YOU.

# 120 Q:

BY MS. CLARK: WHAT DID HE TELL YOU HE WAS GOING TO DO?

# 121 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 122 THE COURT:

SUSTAINED.

# 123 MS. CLARK:

1236, YOUR HONOR.

# 124 THE COURT:

SUBSEQUENT CONDUCT?

# 125 MS. CLARK:

SUBSEQUENT CONDUCT, 1241 AND 1240, CONTEMPORANEOUS, AND 1236, PRIOR CONSISTENT.

# 126 MR. COCHRAN:

CAN I BE HEARD ON 1236 AND 1241?

# 127 THE COURT:

ALL RIGHT. WITH THE COURT REPORTER.

Temperature

procedural

Key Quotes (4)

Rachel Ferrara

HE DESCRIBED IT AS AN EARTHQUAKE. UMM, HE SAID THERE WAS A BANG ON HIS WALL.

Establishes Kato's contemporaneous description of the famous thumps, placing them at approximately 10:40 PM on June 12.

Rachel Ferrara

HE SOUNDED CONFUSED AND STARTLED AND CONCERNED.

Corroborates Kato's testimony about his reaction to the bangs, suggesting genuine alarm rather than fabrication.

Rachel Ferrara

I DIDN'T FEEL ANYTHING AND ALSO BECAUSE THEY USUALLY REPORT IT RIGHT AWAY, SOME SORT OF INDICATION.

She ruled out an earthquake in real time, confirming the source of the sound was something else at Rockingham.

Rachel Ferrara

HE HAD A PART, BUT -- WELL, THEY CUT IT OUT, BUT HE HAD A PART.

Minor but characterizes Kato's peripheral Hollywood status, consistent with his role as a hanger-on rather than a key figure.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito•Marcia Clark

After three sustained hearsay objections blocking Kato's statements during the call, Clark invokes multiple Evidence Code sections (1236, 1240, 1241) to argue Kato's statements are admissible as prior consistent statements, contemporaneous statements, and statements of subsequent conduct, triggering a sidebar with the court reporter.

strategic

Johnnie Cochran•Rachel Ferrara

Cochran interjects mid-answer to insist the witness answer yes or no, redirecting the testimony before the judge thanks him and moves on.

controlling

Light Moments (1)

Rachel Ferrara

Ferrara matter-of-factly reveals that Kato had a part in the movie they were working on together — but it was cut.

Objections

4 objections (4 sustained, 0 overruled)

Proceeding 5454 • 127 utterances • Prosecution witness

Criminal Trial

Department 103