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 • Utterances: 33

Marcia Clark concludes her direct examination of Kato Kaelin, focusing on OJ Simpson's demeanor and appearance as he departed for the airport in a limousine on the night of the murders. Kaelin describes Simpson as rushed but not angry or depressed, estimates the departure at around 11:15-11:20 PM, and is unable to confirm details about Simpson's clothing.

# 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 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.

# 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.

# 33 MS. CLARK:

I have nothing further.

Temperature

procedural

Key Quotes (3)

Kato Kaelin

Rushed for his flight.

Kaelin's characterization of Simpson's demeanor as the murders had just occurred — rushed but not visibly distressed, angry, or emotional.

Kato Kaelin

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

Key timeline testimony placing Simpson's limo departure, critical for establishing his whereabouts window relative to the murders.

Kato Kaelin

I couldn't say.

Kaelin's inability to confirm whether Simpson was wearing the same sweat outfit from the McDonald's run — a detail relevant to physical evidence and the prosecution's theory.

Notable Exchanges (2)

Marcia Clark•Kato Kaelin

Clark presses Kaelin on whether Simpson appeared hot or sweaty during the McDonald's outing — a question pointing toward exertion consistent with the murders — but Kaelin says he didn't notice.

strategic

Robert Shapiro•Kathleen Kennedy-Powell

Shapiro objects to Clark's question about whether Simpson wore the same sweat outfit to the limo as to McDonald's, arguing speculation. Overruled, but Kaelin's answer is unhelpful either way.

routine

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8959 • 33 utterances • Prosecution witness

Preliminary Trial

Department 103