Direct examination of Brian Kato Kaelin (part 2)

📄 Direct examination of Brian Kato Kaelin (part 2) — Tuesday, July 5, 1994

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C:\DEPT103\PRELIMINARY\1994\JUL\5\DIRECT-EXAMINATION-OF-BRIAN-KA.DOC

TRIAL

▲ Day 3 of 6

◀ Direct examination of Brian Kato Kaelin (part 1) Recess ▶

Witness: Brian "Kato" Kaelin
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, July 5, 1994 • Lines: 33

Kaelin testified that Simpson seemed rushed for his flight, but neither angry nor depressed, as he prepared to leave in a limousine. He estimated the departure at about 11:15 to 11:20 p.m. and tentatively recalled a sweat outfit, though he ultimately said he did not know exactly what Simpson was wearing.

# 1

BY MS. CLARK:

# 2 Q:

Can you describe the demeanor of the defendant at the time you saw him as he was preparing to leave in the limo?

# 3 A:

Rushed for his flight.

KEY QUOTE

# 4 Q:

Did he seem angry?

# 5 A:

No.

# 6 Q:

Depressed?

# 7 A:

No.

# 8 Q:

Could you describe the weather that night.

# 9 A:

It was about 65. It was kind of foggy, I think. I mean, it was cool.

# 10 Q:

Cool night?

# 11 A:

Um-hum.

# 12 Q:

Is that a "yes"?

# 13 A:

Yes.

# 14 Q:

Did the defendant appear to be hot or sweaty when you went out to Mc Donald's that night?

# 15 A:

I didn't notice.

# 16 Q:

You didn't notice that?

# 17 A:

No.

# 18 Q:

What time was it when the defendant left in the limo for the airport?

# 19 A:

I don't know the exact time, but I estimate about 11:15, 11:20.

KEY QUOTE

# 20 MS. CLARK:

May I have a moment, Your Honor?

# 21 THE COURT:

Yes.

# 22

BY MS. CLARK:

# 23 Q:

Oh, Mr. Kaelin, do you remember what the defendant was wearing when he was about to leave for the airport, when he was getting ready to get into the limo?

# 24 A:

I'm not positive. I think it was sweats. A sweat outfit.

KEY QUOTE

# 25 Q:

Okay. Do you think it was the same sweat outfit you saw him wearing earlier that night when you went to Mc Donald's?

# 26 A:

I couldn't say.

# 27 MR. SHAPIRO:

Objection; calls for speculation.

# 28 THE COURT:

Overruled. Do you know the answer to that question?

# 29 BRIAN "KATO" KAELIN:

No.

# 30

BY MS. CLARK:

# 31 Q:

You don't know?

# 32 A:

I don't know exactly what he was wearing.

KEY QUOTE

# 33 MS. CLARK:

I have nothing further.

Temperature

routine

Key Quotes (4)

Brian "Kato" Kaelin

Rushed for his flight.

Kaelin described Simpson's demeanor as hurried but not angry or depressed while preparing to leave in the limousine.

Brian "Kato" Kaelin

I don't know the exact time, but I estimate about 11:15, 11:20.

This placed Simpson's departure for the airport within the evening timeline.

Brian "Kato" Kaelin

I'm not positive. I think it was sweats. A sweat outfit.

Kaelin tentatively described Simpson's clothing but made clear that his recollection was uncertain.

Brian "Kato" Kaelin

I don't know exactly what he was wearing.

After the defense objected, Kaelin confirmed that he could not reliably identify Simpson's departure clothing.

Evidence (1)

Informal

The sweat outfit Simpson may have worn when leaving for the airport, possibly the same one he wore earlier on the McDonald's trip; Kaelin could not identify it with certainty.

discussed

Notable Exchanges (1)

Marcia Clark•Robert Shapiro•Kathleen Kennedy-Powell•Brian "Kato" Kaelin

Shapiro objected that comparing Simpson's departure outfit with the earlier McDonald's outfit called for speculation. The judge overruled the objection but clarified whether Kaelin actually knew; he answered that he did not.

procedural

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8959 • 33 lines • Prosecution witness

Preliminary Trial

Department 103