Direct examination of Rachel Ferrara

📄 Direct examination of Rachel Ferrara — Tuesday, July 5, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\5\DIRECT-EXAMINATION-OF-RACHEL-F.DOC

TRIAL

▲ Day 3 of 6

◀ Discovery and search-warrant return housekeeping Motion to suppress — standing stipulations and preliminary argument ▶

Witness: Rachel Ferrara
Examiner: Marcia Clark
Called by: Prosecution • Date: Tuesday, July 5, 1994 • Lines: 101

Rachel Ferrara testified that she was speaking by telephone with Brian "Kato" Kaelin when he reported loud thumps near Simpson's Rockingham guest house at roughly 10:40 p.m. She said Kaelin sounded frightened, went outside to investigate, and later reported encountering Simpson near a waiting limousine; Kaelin also said Simpson subsequently called and gave him the alarm code so he could set the house alarm.

# 1 MS. CLARK:

YES, YOUR HONOR. AND, FOR THE RECORD, WE HAVE NOW SHOWN PAGES 222 THROUGH 225 THAT HAVE BEEN REQUESTED BY COUNSEL. COUNSEL HAS SEEN THEM. PEOPLE CALL RACHEL FERRARA. 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 RACHEL FERRARA:

YES. THE COURT CLERK: PLEASE BE SEATED. STATE AND SPELL YOUR NAME FOR THE RECORD.

# 3 RACHEL FERRARA:

RACHEL, R-A-C-H-E-L. FERRARA, F-E-R-R-A-R-A.

# 4 THE COURT:

YOU MAY INQUIRE. RACHEL FERRARA, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 5

DIRECT EXAMINATION

# 6

BY MS. CLARK:

# 7 A:

KATO, YES.

# 8 Q:

YOU JUST SAID "KATO"?

# 9 A:

UH-HUH.

# 10 Q:

IS THAT YES?

# 11 A:

YES.

# 12 Q:

IS THAT WHAT YOU CALL HIM?

# 13 A:

UH-HUH, YEAH.

# 14 Q:

HIS NICKNAME?

# 15 A:

RIGHT Q IF YOU COULD PLEASE SAY, "YES" AND "NO," AS OPPOSED TO "UH-HUH" OR "HUH-UH." OKAY?

# 16 A:

OKAY.

# 17 Q:

THANK YOU. HOW LONG HAVE YOU KNOWN KATO?

# 18 A:

APPROXIMATELY FIVE MONTHS.

# 19 Q:

AND DURING THAT FIVE-MONTH PERIOD THAT YOU KNEW HIM, WHERE WAS HE LIVING?

# 20 A:

IN O.J.'S GUEST HOUSE.

# 21 Q:

WHICH WAS LOCATED WHERE?

# 22 A:

BRENTWOOD.

# 23 Q:

DO YOU RECALL THE ADDRESS?

# 24 A:

ROCKINGHAM. I DON'T KNOW THE EXACT ADDRESS THOUGH.

# 25 Q:

IS IT AT A CORNER, OR IS IT IN THE MIDDLE OF THE STREET?

# 26 A:

IT IS IN THE MIDDLE OF THE STREET, I THINK.

# 27 Q:

WHAT'S THE NEAREST CROSS STREET TO ROCKINGHAM, IF YOU KNOW?

# 28 A:

I DON'T KNOW.

# 29 Q:

YOU DON'T. ON JUNE THE 12TH, 1994, DID YOU GET A CALL FROM BRIAN KAELIN

# 30 A:

YES.

# 31 Q:

ABOUT WHAT TIME?

# 32 A:

IT WAS PROBABLY AROUND 10:20.

# 33 Q:

AND YOU WERE IN YOUR HOME AT THAT TIME?

# 34 A:

UH-HUH.

# 35 Q:

IS THAT YES?

# 36 A:

YES.

# 37 Q:

DID YOU HAVE A CONVERSATION WITH HIM?

# 38 A:

UH-HUH.

# 39 Q:

WHAT WAS -- IS THAT YES?

# 40 A:

YES.

# 41 Q:

WHAT WAS THAT ABOUT?

# 42 A:

WELL, HE FIRST TALKED ABOUT THIS TYPEWRITER THAT HE HAD BORROWED FROM O.J, AND HE COULDN'T FIGURE OUT HOW TO USE IT. AND HE PROBABLY DID THAT FOR ABOUT FIVE MINUTES. AND THEN HE SAID THAT HE WENT TO MC DONALD'S WITH HIM. AND HE DIDN'T SAY WHAT TIME BUT HE SAID EARLIER IN THE NIGHT THAT THEY HAD GONE. AND THEN WE TALKED ABOUT SOME OTHER STUFF THAT I DON'T REMEMBER. Q DID SOMETHING INTERRUPT YOUR CONVERSATION DURING THAT PHONE CALL? A THERE WAS -- WELL, HE CALLED IT A LOUD BANG, AND HE ASKED ME IF THERE WAS AN EARTHQUAKE AND I SAID, "NO, I DIDN'T FEEL ANYTHING." AND I ALSO HAD THE TV ON AND I DIDN'T HEAR ANY MENTION OF IT ON THE TV. AND THAT WAS PROBABLY ABOUT MINUTES OR 15 MINUTES AFTER WE STARTED TALKING. Q HOW MANY MILES AWAY FROM HIM WERE YOU DURING THAT PHONE CALL? A DRIVING, PROBABLY -- I DON'T KNOW MILES, BUT I WOULD SAY 20 MINUTES DRIVING. Q DURING THAT PHONE CALL, BEFORE HE TOLD YOU THAT HE HEARD THE THUMPS, DID YOU NOTICE WHAT TIME IT WAS?

# 43 A:

HE SAID -- WELL, I ASKED HIM WHAT TIME IT WAS BEFORE THAT, AND HE SAID AROUND 10:30. Q AND HOW MUCH AFTER THAT DID HE TELL YOU HE HEARD THE THUMPS?

# 44 MR. SHAPIRO:

YOUR HONOR, IT HAS ALREADY BEEN ASKED AND ANSWERED.

# 45 THE COURT:

"DID HE TELL YOU HE HEARD THE THUMPS"?

# 46 MS. CLARK:

YES. AND HE DIDN'T -- I AM ASKING HER THE TIMING OF THAT. HOW LONG AFTER THE POINT WHEN THEY SAID THEY FIXED THE TIME AT 10:30, DID HE TELL YOU IT WAS -- HE HEARD THE THUMPS?

# 47 MR. SHAPIRO:

MY RECOLLECTION, IT WAS 15 MINUTES AFTER THE PHONE CALL.

# 48 THE COURT:

THE TESTIMONY, I BELIEVE, WAS 15 TO 20 MINUTES AFTER SHE STARTED TALKING TO HIM. AND SHE HAD TESTIFIED THAT THAT CALL WAS APPROXIMATELY 10:20, ACCORDING TO THE NOTES I HAVE.

# 49 MS. CLARK:

AND NOW I AM ASKING A DIFFERENT QUESTION WHICH IS, SHE ASKED HIM WHAT TIME IT WAS DURING THE PHONE CALL. HE SAID IT WAS 10:30, AND THEN I ASKED HER HOW LONG AFTER THEY HAD THAT EXCHANGE ABOUT IT BEING 10:30 DID HE TELL HER HE HEARD THE THUMPS. IT IS A DIFFERENT QUESTION.

# 50 THE COURT:

ALL RIGHT. OBJECTION IS OVERRULED.

# 51 RACHEL FERRARA:

I WOULD SAY ABOUT TEN MINUTES.

# 52

BY MS. CLARK:

# 53 A:

UH-HUH. Q IS THAT YES? A YES. Q AND DID HE -- WHEN HE TOLD YOU HE HEARD THE THUMPS, DID HE ASK YOU SOMETHING? A YES. HE ASKED ME IF IT WAS AN EARTHQUAKE. AND I SAID "NO." BECAUSE HIS PICTURE HAD ALMOST FALLEN OFF THE WALL OR SHOOK OR SOMETHING. Q HAD YOU FELT AN EARTHQUAKE? A NO. Q NOW, HAD YOU EVER BEEN TO THE LOCATION ON ROCKINGHAM WHERE KATO WAS .STAYING IN THE GUEST HOUSE?

# 54 A:

YES.

# 55 Q:

HOW MANY TIMES HAD YOU VISITED THERE?

# 56 A:

I WOULD SAY APPROXIMATELY SIX OR SEVEN TIMES.

# 57 Q:

YOU WOULD GO THERE. WOULD YOU SPEND THE NIGHT?

# 58 A:

YES, I HAVE.

# 59 Q:

OKAY. DID YOU USE THE POOL AREA?

# 60 A:

I USED THE POOL ONCE.

# 61 Q:

THE JACUZZI EVER?

# 62 A:

NO.

# 63 Q:

DO YOU KNOW WHERE THE BASKETBALL AND TENNIS COURTS WERE?

# 64 A:

YES.

# 65 Q:

DID YOU EVER PLAY ON THEM?

# 66 A:

YES.

# 67 Q:

DID YOU EVER GO INTO THE MAIN HOUSE?

# 68 A:

NO. Q BUT YOU WERE ABLE TO MOVE AROUND KATO'S AREA? A RIGHT. Q WHEN HE MENTIONED TO YOU ABOUT THE SOUND, HOW DID HE SOUND TO YOU? A HE WAS PRETTY SHOOKEN UP BY IT. HE KEPT SAYING HOW IT SCARED HIM, BASICALLY. Q DID YOU CONTINUE TO TALK AFTER HE FIRST MENTIONED THE THUMPS TO YOU? A YES, WE TALKED FOR PROBABLY -- I AM ESTIMATING -- SEVEN MINUTES. AND THEN HE KEPT COMING BACK TO THE NOISE BECAUSE HE KEPT SAYING, "WOW, THAT NOISE IS JUST REALLY FREAKING ME OUT. I CAN'T FIGURE OUT WHAT IT WAS." SO HE SAID, "I AM GOING TO GO OUTSIDE AND CHECK IT OUT. AND IF I AM NOT BACK IN TEN MINUTES, THEN CALL THE COPS " OR "POLICE."

# 69 Q:

SO WHAT TIME WAS IT WHEN YOU HUNG UP?

# 70 A:

PROBABLY AROUND 10:50, 10:45.

# 71 Q:

SO YOU HUNG UP AROUND 10:45 TO 10:50?

# 72 A:

UH-HUH.

# 73 Q:

IS THAT YES?

# 74 A:

RIGHT, YES.

# 75 Q:

AND HE SAID HE WAS GOING TO LOOK OUTSIDE?

# 76 A:

RIGHT.

# 77 Q:

WHAT HAPPENED NEXT? DID YOU HEAR FROM HIM AGAIN?

# 78 A:

HE WAS GONE MORE THAN TEN MINUTES, PROBABLY AROUND 15 MINUTES, BECAUSE I ACTUALLY WAS GETTING CONVINCED THERE MIGHT BE SOMETHING WRONG. SO HE CALLED BACK AFTER HE GOT INSIDE AND SAID 0012 THAT HE HAD RUN INTO O.J. OUTSIDE AND THAT HE TOLD HIM THAT HE WAS -- HAD OVERSLEPT AND HE WAS SUPPOSED TO BE IN CHICAGO. AND HE ALSO SAID THAT HE HAD SEEN THE LIMO BECAUSE THE LIMO WAS OUT THERE WAITING FOR HIM.

# 79 Q:

THAT HE, KATO, HAD SEEN THE LIMO?

# 80 A:

KATO HAD SEEN THE LIMO, YEAH, YES.

# 81 Q:

ABOUT WHAT TIME WAS IT WHEN HE CALLED YOU BACK?

# 82 A:

IT WAS PROBABLY A LITTLE AFTER 11:00.

# 83 Q:

11:00?

# 84 A:

11:00. I WOULD SAY AROUND 11:00. 11:03, I DON'T -- 11:05. Q DO YOU RECALL EARLIER SAYING IT WAS AROUND 11:15? A I DON'T KNOW. MAYBE, YES. Q COULD IT HAVE BEEN 11:15? A I DON'T KNOW. THERE ARE SO MANY INTERLUDES. IT COULD HAVE BEEN 11:15. Q WHEN HE CALLED YOU BACK AT AROUND THAT TIME, SOMETIME AFTER 11:00, WHAT DID HE TELL YOU? A YOU MEAN -- WHAT I JUST TOLD YOU, THAT HE HAD RUN INTO O.J. WHEN HE WAS OUTSIDE, AND THAT O.J. HAD TOLD HIM THAT HE HAD OVERSLEPT AND HE WAS SUPPOSED TO BE CATCHING A PLANE TO CHICAGO, AND THE LIMO WAS OUT THERE WAITING. AND HE SAID SOMETHING ABOUT A FLASHLIGHT. I DON'T KNOW WHAT.

# 85 Q:

WAS YOUR CONVERSATION WITH HIM INTERRUPTED?

# 86 A:

IT WAS, PROBABLY AROUND TEN MINUTES LATER

# 87 Q:

AND HOW WAS --

# 88 A:

THE PHONE CLICKED, CALL WAITING.

# 89 Q:

CALL WAITING CLICK?

# 90 A:

UH-HUH, ON HIS SIDE.

# 91 Q:

OKAY. KATO'S SIDE?

# 92 A:

RIGHT.

# 93 Q:

AND DID KATO GO OFF THE LINE?

# 94 A:

RIGHT.

# 95 Q:

DID HE COME BACK ON THE LINE?

# 96 A:

YES, HE CAME BACK ON THE LINE.

# 97 Q:

TELL YOU WHAT HAD HAPPENED?

# 98 A:

HE SAID, "THAT WAS O.J. AND HE WANTS ME TO GO SET THE ALARM BECAUSE HE FORGOT TO DO IT." AND HE HAD GIVEN HIM THE CODE, WHICH HE SAID HE HAD NEVER DONE BEFORE, AND HE THOUGHT THAT WAS A LITTLE WEIRD. Q SO HE THOUGHT IT WAS WEIRD THAT O.J. HAD GIVEN HIM THE CODE NOW TO SET THE ALARM? A RIGHT. Q AND THEN DID YOU CONTINUE TO TALK FOR A WHILE? A THEN WE TALKED -- YES, FOR PROBABLY ANOTHER HOUR AND A HALF.

KEY QUOTE

# 99 MS. CLARK:

I HAVE NOTHING FURTHER.

# 100 THE COURT:

CROSS?

# 101 MR. SHAPIRO:

NO QUESTIONS AT THIS TIME. WE WOULD LIKE THE WITNESS TO REMAIN AVAILABLE, PLEASE.

Temperature

routine

Key Quotes (5)

Rachel Ferrara

THERE WAS -- WELL, HE CALLED IT A LOUD BANG, AND HE ASKED ME IF THERE WAS AN EARTHQUAKE AND I SAID, "NO, I DIDN'T FEEL ANYTHING."

Ferrara placed Kaelin's report of the unexplained noise during their telephone conversation late on June 12.

Rachel Ferrara

HE WAS PRETTY SHOOKEN UP BY IT. HE KEPT SAYING HOW IT SCARED HIM, BASICALLY.

This described Kaelin's immediate reaction and suggested that the noise was unusually forceful or alarming.

Rachel Ferrara quoting Brian "Kato" Kaelin

WOW, THAT NOISE IS JUST REALLY FREAKING ME OUT. I CAN'T FIGURE OUT WHAT IT WAS.

Ferrara recounted Kaelin repeatedly returning to the noise before deciding to investigate it.

Rachel Ferrara quoting Brian "Kato" Kaelin

IF I AM NOT BACK IN TEN MINUTES, THEN CALL THE COPS

Kaelin reportedly considered the situation serious enough to arrange for Ferrara to contact police if he did not return.

Rachel Ferrara quoting Brian "Kato" Kaelin

THAT WAS O.J. AND HE WANTS ME TO GO SET THE ALARM BECAUSE HE FORGOT TO DO IT.

The reported call connected Simpson to Kaelin shortly after 11:00 p.m. and introduced the unusual disclosure of the alarm code.

Evidence (6)

Informal

Pages 222 through 225 requested by counsel; their contents were not identified during this excerpt.

displayed to and reviewed by counsel

Informal

A typewriter Kaelin had borrowed from O.J. Simpson and said he could not figure out how to use.

discussed

Informal

A picture in Kaelin's room that reportedly shook or nearly fell from the wall when he heard the loud noise.

discussed

Informal

The limousine Kaelin reportedly saw waiting outside for Simpson's trip to Chicago.

discussed

Informal

A flashlight mentioned by Kaelin when recounting his encounter with Simpson outside; Ferrara did not remember the details.

informally referenced

Informal

The Rockingham house alarm and its code, which Simpson reportedly gave Kaelin so Kaelin could set the alarm.

discussed

Notable Exchanges (3)

Marcia Clark•Robert Shapiro•Kathleen Kennedy-Powell

Shapiro objected that Clark had already asked when Kaelin reported the thumps. Clark explained that she was measuring the interval from the specific 10:30 time reference, and the judge overruled the objection.

strategic

Marcia Clark•Rachel Ferrara

Ferrara said Kaelin called back after investigating, reported encountering Simpson outside, and said Simpson claimed he had overslept while a limousine waited to take him for a Chicago flight.

revealing

Marcia Clark•Rachel Ferrara

Ferrara acknowledged uncertainty over whether Kaelin's return call came around 11:00 or as late as 11:15, saying, "THERE ARE SO MANY INTERLUDES."

candid

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 9103 • 101 lines • Prosecution witness

Preliminary Trial

Department 103