Direct examination of Rachel Ferrara (part 2)

📄 Direct examination of Rachel Ferrara (part 2) — Tuesday, March 28, 1995

Address:

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

TRIAL

▲ Day 46 of 167

◀ Sidebar: hearsay objection Sidebar: statement objections ▶

Witness: Rachel Ferrara
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, March 28, 1995 • Utterances: 92

Marcia Clark continues her direct examination of Rachel Ferrara regarding her phone conversation with Kato Kaelin on the night of June 12, 1994. Ferrara establishes the critical timeline: she and Kato hung up around 10:50 PM after the bang on the wall, he called back around 11:05 PM, and that resumed conversation was interrupted by call waiting on Kato's line. The most significant testimony is Kato's instruction to Ferrara just before hanging up after the thump.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

THANK YOU, COUNSEL. PROCEED.

# 3 Q:

BY MS. CLARK: ALL RIGHT. YOU INDICATED THAT YOU CONTINUED TO SPEAK FOR TEN MINUTES AFTER THE BANGS OCCURRED ON THE WALL?

# 4 MR. COCHRAN:

ASSUMES A FACT NOT IN EVIDENCE, YOUR HONOR.

# 5 THE COURT:

OVERRULED.

# 6 MR. COCHRAN:

BANGS.

# 7 Q:

BY MS. CLARK: I'M SORRY, BANG ON THE WALL. OKAY. AFTER THE BANG ON THE WALL. AND AT SOME POINT DID MR. KAELIN INDICATE TO YOU HE WANTED TO TERMINATE THE CONVERSATION?

# 8 A:

YES.

# 9 Q:

AND WERE YOU EXPECTING, AT THE TIME HE TERMINATED THE CONVERSATION, TO HEAR BACK FROM HIM AGAIN?

# 10 A:

YES.

# 11 Q:

DID HE TELL YOU TO EXPECT TO HEAR BACK FROM HIM AGAIN?

# 12 MR. COCHRAN:

OBJECTION AS HEARSAY, YOUR HONOR.

# 13 THE COURT:

SUSTAINED.

# 14 Q:

BY MS. CLARK: AFTER YOU HUNG UP FROM HIM DID YOU LEAVE YOUR APARTMENT?

# 15 A:

NO.

# 16 Q:

WHY DIDN'T YOU LEAVE YOUR APARTMENT?

# 17 A:

BECAUSE I DIDN'T PLAN ON LEAVING.

# 18 Q:

OKAY. WERE YOU WAITING FOR HIM TO CALL BACK?

# 19 A:

YES.

# 20 Q:

AND IF YOU DID NOT -- WHAT WERE YOU GOING TO DO IF YOU DID NOT HEAR BACK FROM HIM?

# 21 A:

WELL, HE SAID BEFORE HE HUNG UP --

# 22 MR. COCHRAN:

OBJECTED TO, YOUR HONOR. HEARSAY.

# 23 THE COURT:

SUSTAINED.

# 24 MS. CLARK:

I WOULD LIKE TO APPROACH, YOUR HONOR.

# 25 THE COURT:

WELL, THAT IS NONRESPONSIVE TO THAT QUESTION.

# 26 MS. CLARK:

OKAY.

# 27 THE COURT:

THE QUESTION WAS WHAT WERE YOU GOING TO DO IF YOU DID NOT HEAR BACK TO HIM.

# 28 MS. CLARK:

OKAY.

# 29 THE COURT:

THAT IS WHY I SUSTAINED THE OBJECTION, BECAUSE THE ANSWER WAS NONRESPONSIVE.

# 30 MS. CLARK:

OKAY. THANK YOU, YOUR HONOR.

# 31 Q:

DID HE GIVE YOU SOME INSTRUCTION JUST BEFORE HANGING UP WITH YOU AFTER HEARING THE BANG?

# 32 A:

YES.

# 33 Q:

AND WHAT WAS THAT INSTRUCTION?

# 34 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 35 THE COURT:

SUSTAINED.

# 36 MS. CLARK:

NOT FOR THE TRUTH OF THE MATTER, YOUR HONOR.

# 37 THE COURT:

SUBSEQUENT CONDUCT?

# 38 MS. CLARK:

AND SUBSEQUENT CONDUCT.

# 39 THE COURT:

ALL RIGHT. PROCEED. OVERRULED.

# 40 Q:

BY MS. CLARK: GO AHEAD.

# 41 A:

COULD YOU REPEAT THE QUESTION?

# 42 Q:

YES. JUST BEFORE HE HUNG UP WITH YOU DID HE GIVE YOU SOME INSTRUCTION?

# 43 A:

YES.

# 44 Q:

AND WHAT WAS THAT?

# 45 A:

HE SAID IF HE DOESN'T CALL BACK IN TEN MINUTES TO CALL THE POLICE.

KEY QUOTE

# 46 Q:

COULD YOU TELL WHETHER HE WAS JOKING OR SERIOUS?

# 47 MR. COCHRAN:

OBJECT. CALLS FOR SPECULATION.

# 48 THE COURT:

WHY DON'T YOU REPHRASE THE QUESTION.

# 49 Q:

BY MS. CLARK: WHAT WAS HIS TONE OF VOICE WHEN HE TOLD YOU THAT?

# 50 A:

IT WAS -- I DON'T REMEMBER.

# 51 Q:

I'M SORRY?

# 52 A:

I DON'T REMEMBER HIS TONE OF VOICE. IT WASN'T URGENT.

KEY QUOTE

# 53 Q:

WERE YOU CONCERNED?

# 54 A:

NOT AT THE MOMENT, NOT AS MUCH.

# 55 Q:

DID HE INDICATE AT ANY POINT THAT HE WANTED TO GO OUT AND FIND OUT WHAT CAUSED THE NOISE?

# 56 A:

YES.

# 57 Q:

AND ABOUT WHAT TIME WAS IT THAT YOU HUNG UP?

# 58 A:

APPROXIMATELY 10:50.

KEY QUOTE

# 59 Q:

DID YOU EVER HEAR BACK FROM MR. KAELIN THAT NIGHT AFTER YOU HUNG UP AT 10:50?

# 60 A:

YES.

# 61 Q:

AND WHAT TIME WAS IT APPROXIMATELY WHEN YOU HEARD BACK FROM HIM?

# 62 A:

I WOULD SAY APPROXIMATELY 11:05, FIVE AFTER 11:00.

# 63 Q:

I'M SORRY?

# 64 A:

FIVE AFTER 11:00.

# 65 Q:

OKAY. AND DID YOU HAVE A CONVERSATION WITH HIM ABOUT WHAT OCCURRED AFTER HE HUNG UP WITH YOU AT 10:50?

# 66 A:

YES.

# 67 Q:

DID HE DESCRIBE ANY ENCOUNTER HE HAD HAD WITH MR. SIMPSON?

# 68 MR. COCHRAN:

OBJECTION, YOUR HONOR, HEARSAY.

# 69 THE COURT:

SUSTAINED.

# 70 Q:

BY MS. CLARK: OKAY. ALL RIGHT. DURING YOUR CONVERSATION WITH MR. KAELIN WHEN YOU RESUMED YOUR CONVERSATION AFTER 11:00 OR 11:05, DID SOMETHING INTERRUPT YOUR TELEPHONE CALL WITH HIM?

# 71 A:

YES.

# 72 Q:

AND HOW -- APPROXIMATELY HOW LONG HAD YOU BEEN SPEAKING, IF YOU REMEMBER, AT THE POINT THAT THAT PHONE CALL WAS INTERRUPTED?

# 73 A:

APPROXIMATELY TEN MINUTES.

# 74 Q:

ARE YOU FAMILIAR WITH THE FEATURE ON TELEPHONES CALLED CALL WAITING?

# 75 A:

YES.

# 76 Q:

SO ARE YOU FAMILIAR WITH WHAT OCCURS WHEN SOMEONE CALLS WHILE YOU ARE ON THE LINE IF YOU HAVE CALL WAITING?

# 77 A:

YES.

# 78 Q:

AND WHAT IS THAT?

# 79 A:

THE -- IT CLICKS OR BEEPS OR -- ACTUALLY IT CLICKS.

# 80 Q:

OKAY. AND DURING YOUR CONVERSATION WITH MR. KAELIN AFTER 11:00 P.M., AFTER YOU HAD BEEN SPEAKING TO HIM FOR A WHILE, DID SOMETHING INTERRUPT YOUR CALL?

# 81 A:

YES.

# 82 Q:

AND WHAT WAS THAT?

# 83 A:

CALL WAITING ON HIS LINE.

# 84 Q:

ON HIS LINE.

# 85 Q:

AND DID HE CLICK OFF ONTO THE OTHER LINE?

# 86 A:

YES.

# 87 Q:

DID HE COME BACK TO YOU AFTER THAT?

# 88 MS. CLARK:

I WOULD LIKE TO ASK A QUESTION THAT I KNOW THAT MR. COCHRAN WILL OBJECT TO, IF I COULD APPROACH THE BENCH.

# 89 THE COURT:

SURE.

# 90 MR. COCHRAN:

WHY DOESN'T SHE APPROACH ME FIRST AND TALK ABOUT IT AND SAVE SOME TIME.

KEY QUOTE

# 91 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 92 MR. COCHRAN:

I THINK WE BETTER APPROACH, YOUR HONOR.

Temperature

procedural

Key Quotes (4)

Rachel Ferrara

HE SAID IF HE DOESN'T CALL BACK IN TEN MINUTES TO CALL THE POLICE.

Kato's own words, relayed through Ferrara, suggest he was alarmed enough by the bang to instruct her to call police if he went silent — key for establishing the significance and timing of the thumps.

Rachel Ferrara

I DON'T REMEMBER HIS TONE OF VOICE. IT WASN'T URGENT.

Potentially cuts against the prosecution's effort to dramatize the moment — Ferrara's own recollection is that Kato didn't sound alarmed despite his words.

Rachel Ferrara

APPROXIMATELY 10:50.

Pins down the end of the first call, a key data point in the prosecution's timeline placing OJ at Rockingham around the time of the thumps.

Johnnie Cochran

WHY DOESN'T SHE APPROACH ME FIRST AND TALK ABOUT IT AND SAVE SOME TIME.

Rare moment of courtroom levity from Cochran, prompting a sidebar that ends the transcript.

Evidence (2)

Informal

The bang/thump on the wall at Kato Kaelin's room at Rockingham, heard during the phone call at approximately 10:50 PM

discussed as reference point for the timeline

Informal

Call waiting click on Kato's telephone line, interrupting the resumed 11:05 PM call

discussed as circumstantial context for Kato's activities after the thumps

Notable Exchanges (3)

Marcia Clark•Lance A. Ito

Clark argued that Kato's instruction to call the police should come in not for truth of the matter asserted but to explain Ferrara's subsequent conduct. Ito initially sustained the hearsay objection, then reversed after Clark's bench argument.

strategic

Lance A. Ito•Marcia Clark

Ito corrected Clark's sustained objection, clarifying it was sustained because the witness's answer was nonresponsive — not solely for hearsay — demonstrating close judicial management of the examination.

procedural

Marcia Clark•Johnnie Cochran

Clark telegraphed she had a question she expected Cochran to object to and requested a bench conference. Cochran quipped she should approach him first to save time, after which the parties conferred off the record.

light

Light Moments (1)

Johnnie Cochran

Cochran offered to let Clark approach him directly to work out the objection before bothering the judge, drawing a laugh.

Objections

6 objections (4 sustained, 2 overruled)

Proceeding 5456 • 92 utterances • Prosecution witness

Criminal Trial

Department 103