Direct examination of Philip Vannatter on standing

📄 Direct examination of Philip Vannatter on standing — Tuesday, July 5, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\5\DIRECT-EXAMINATION-OF-PHILIP-V.DOC

TRIAL

▲ Day 3 of 6

◀ Motion to suppress — standing stipulations and preliminary argument Motion to suppress — standing ruling and witness exclusion ▶

Witness: Det. Philip Vannatter
Examiner: Gerald Uelmen
Called by: Defense • Date: Tuesday, July 5, 1994 • Lines: 43

Philip Vannatter testified about the layout and enclosure of O.J. Simpson's Rockingham property and identified where Kato Kaelin and Arnelle Simpson were staying. The defense used that testimony to submit the issue of Simpson's standing to challenge a search of the premises, while the prosecution stipulated to standing concerning the Ford Bronco and asked no questions.

# 1 THE COURT:

ALL RIGHT. DETECTIVE, PLEASE FACE THE CLERK AND RAISE YOUR HAND. THE COURT CLERK: YOU DO SOLEMNLY SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?

# 2 DET. PHILIP VANNATTER:

I DO. 0017 THE COURT CLERK: PLEASE BE SEATED. STATE AND SPELL YOUR NAME FOR THE RECORD.

# 3 DET. PHILIP VANNATTER:

PHILIP VANNATTER. P-H-I-L-I-P. V-A-N-N-A-T-T-E-R.

# 4

BY MR. UELMEN:

# 5

DIRECT EXAMINATION

# 6

BY MR. ULEMEN

# 7 MR. UELMEN:

WE HAVE, YOUR HONOR, WHAT WE WILL ASK BE MARKED AS DEFENSE EXHIBIT A, WHICH IS AN ARCHITECT'S RENDERING OF THE ENTIRE PREMISES.

# 8 THE COURT:

ALL RIGHT. THAT WILL BE MARKED DEFENDANT'S 'A'.

# 9

BY MR. UELMEN:

# 10 Q:

AND WHAT DID THEY TELL YOU ABOUT THE PREMISES? A THEY TOLD ME IT WAS THE RESIDENCE OF O.J. SIMPSON. Q AND WHEN YOU ARRIVED AT THE PREMISES, DID YOU FIND THAT THEY WERE ENCLOSED BY ANY SORT OF FENCE OR WALL?

# 11 A:

YES.

# 12 Q:

WERE THE ENTIRE PREMISES SURROUNDED BY ONE FENCE OR WALL?

# 13 A:

THE AREA THAT I COULD SEE WAS, YES.

# 14 Q:

ALL RIGHT. AND THE ONLY ENTRANCES INTO THOSE AREAS WERE A GATE FROM ASHFORD STREET AND A GATE AT ROCKINGHAM AVENUE? A THAT'S CORRECT. Q NOW, AFTER YOU ENTERED THE PREMISES, DID YOU LOCATE ANY PERSONS RESIDING ON THE PREMISES? A ONE PERSON WAS LOCATED, YES. THERE WERE ACTUALLY TWO PEOPLE THERE. ONE PERSON TOLD ME THAT THEY RESIDED THERE, THE OTHER PERSON SAID IT WAS NOT THEIR PERMANENT RESIDENCE. Q ALL RIGHT. NOW LET'S REFER TO THE FIRST PERSON YOU ENCOUNTERED ON THE PREMISES. WAS THAT MR. KAELIN? A THAT'S CORRECT, YES. Q ALL RIGHT. AND COULD YOU INDICATE ON THE CHART WHERE YOU ENCOUNTERED MR. KAELIN? A CERTAINLY. MAY I STAND UP SO I CAN LOOK AT IT AND SEE? Q PLEASE.

# 15 A:

IT WOULD HAVE BEEN THE SECOND GUEST QUARTERS AT THE REAR OF THE LOCATION.

KEY QUOTE

# 16 Q:

ALL RIGHT. NOW, ARE THE GUEST QUARTERS ATTACHED TO THE MAIN RESIDENCE?

# 17 A:

YES.

# 18 Q:

AND IT IS POSSIBLE TO GO DIRECTLY FROM MR. KAELIN'S ROOM INTO THE HOUSE ITSELF? A YES, AS I RECALL, THAT'S TRUE. Q ALL RIGHT. NOW, DID MR. KAELIN TELL YOU THE CIRCUMSTANCES OF HIS BEING ON THE PREMISES? A NO I DIDN'T INTERVIEW HIM OTHER THAN HE LIVED THERE; I HEARD HIM SAY THAT. BUT I DIDN'T INTERVIEW HIM UNTIL LATER Q WELL, WHEN YOU LATER INTERVIEWED HIM, DID HE EXPLAIN WHY HE WAS LIVING THERE? A HE DIDN'T TO ME. I INTERVIEWED HIM REGARDING SOME NOISE THAT HE HAD HEARD THE PREVIOUS EVENING. I WAS DIRECTED TO HIM BY DETECTIVE FUHRMAN WHO HAD PREVIOUSLY INTERVIEWED HIM AND WANTED ME TO HEAR WHAT HE SAID ABOUT HEARING A NOISE BEHIND HIS SOUTH WALL. Q WERE YOU TOLD BY DETECTIVE FUHRMAN THAT MR. KAELIN WAS A GUEST IN THE HOME WHO WAS NOT PAYING ANY RENT FOR LIVING THERE? A I DIDN'T FIND THAT OUT UNTIL LATER. Q WHEN DID YOU FIND THAT OUT? A I BELIEVE IT WAS MUCH LATER IN THE DAY, IN THE AFTERNOON

# 19 Q:

ON JUNE 13TH?

# 20 A:

YES, THAT'S CORRECT.

# 21 Q:

ALL RIGHT. MR. SIMPSON?

# 22 A:

MY UNDERSTANDING, WHEN I FIRST GOT IN THERE, HE WAS LIVING IN THAT GUEST QUARTERS OF THAT LOCATION. BUT I NEVER FOUND OUT UNTIL LATER IN THE DAY THAT HE WAS LIVING THERE RENT FREE. Q ALL RIGHT. AND DID YOU ENCOUNTER ANY OTHER PERSON ON THE PREMISES?

# 23 A:

YES.

# 24 Q:

AND WHO WAS THAT?

# 25 A:

ARNELLE SIMPSON.

# 26 Q:

ALL RIGHT. AND DID YOU LEARN THAT SHE WAS MR. SIMPSON'S DAUGHTER?

# 27 A:

YES.

# 28 Q:

AND WHERE WAS SHE LIVING?

# 29 A:

SHE WAS LIVING IN THE SECOND GUEST QUARTERS BACK.

# 30 Q:

ALL RIGHT. I BELIEVE THAT IS DESIGNATED ARNELLE'S ROOM ON THE CHART? A YES, THAT'S CORRECT. Q ALL RIGHT AND DID SHE EXPLAIN THE CIRCUMSTANCES OF HER LIVING THERE?

# 31 A:

SHE TOLD ME BRIEFLY, WHEN I SPOKE WITH HER, THAT SHE HAD GOTTEN THERE ABOUT 1:00 O'CLOCK IN THE MORNING AND THAT IT WAS NOT HER PRIMARY RESIDENCE.

KEY QUOTE

# 32 Q:

ALL RIGHT. AND WHY WAS SHE THERE?

# 33 A:

SHE SAID SHE HAD COME THERE TO SPEND THE NIGHT.

# 34 Q:

ALL RIGHT. AS THE GUEST OF HER FATHER, MR. SIMPSON?

# 35 A:

I THINK THAT WOULD HAVE BEEN A SAFE ASSUMPTION, YES.

# 36 MR. UELMEN:

ALL RIGHT. YOUR HONOR, WE WOULD SUBMIT THE ISSUE OF STANDING.

# 37 THE COURT:

DID YOU WISH TO COVER THE STANDING WITH REGARD TO THE FORD BRONCO ALSO?

# 38 MR. UELMEN:

I BELIEVE THAT'S BEEN AGREED TO.

# 39 MS. CLARK:

THAT'S RIGHT; THAT'S STIPULATED TO.

KEY QUOTE

# 40 THE COURT:

YOU WILL AGREE TO THAT?

# 41 MS. CLARK:

YES.

# 42 THE COURT:

DO YOU HAVE SOME QUESTIONS OF THE DETECTIVE, JUST WITH REGARD TO THE STANDING ISSUE?

# 43 MS. CLARK:

I DO NOT.

Temperature

procedural

Key Quotes (4)

Det. Philip Vannatter

IT WOULD HAVE BEEN THE SECOND GUEST QUARTERS AT THE REAR OF THE LOCATION.

Vannatter used the architectural rendering to identify where he first encountered Kato Kaelin.

Det. Philip Vannatter

I INTERVIEWED HIM REGARDING SOME NOISE THAT HE HAD HEARD THE PREVIOUS EVENING.

Vannatter explained that his later interview with Kaelin concerned the noise reportedly heard behind Kaelin's south wall.

Det. Philip Vannatter

SHE TOLD ME BRIEFLY, WHEN I SPOKE WITH HER, THAT SHE HAD GOTTEN THERE ABOUT 1:00 O'CLOCK IN THE MORNING AND THAT IT WAS NOT HER PRIMARY RESIDENCE.

This established that Arnelle Simpson was present overnight but did not treat the premises as her primary home.

Marcia Clark

THAT'S RIGHT; THAT'S STIPULATED TO.

The prosecution agreed that Simpson had standing concerning the Ford Bronco, eliminating the need for further testimony on that issue.

Evidence (2)

Defendant's A

An architect's rendering of the entire O.J. Simpson residence premises, used to identify the gates, guest quarters, and rooms occupied by Kato Kaelin and Arnelle Simpson.

marked and used during testimony

Informal

The Ford Bronco, for which the parties stipulated that Simpson had standing to challenge a search.

discussed

Notable Exchanges (2)

Gerald Uelmen•Det. Philip Vannatter

Uelmen established that the Rockingham property was enclosed, had gates on Ashford Street and Rockingham Avenue, and contained attached guest quarters accessible from the main house.

procedural

Kathleen Kennedy-Powell•Gerald Uelmen•Marcia Clark

The judge confirmed that the parties had stipulated to Simpson's standing regarding the Ford Bronco, and Clark declined to question Vannatter further.

procedural

Objections

None recorded

Proceeding 9105 • 43 lines • Defense witness

Preliminary Trial

Department 103