📄 Defense cross-examination of Brian Kato Kaelin — Wednesday, July 6, 1994
📅 Jul 6 — Day 4
🛡️ Gerald Uelmen🗣️ Brian "Kato" Kaelin
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C:\DEPT103\PRELIMINARY\1994\JUL\6\DEFENSE-CROSS-EXAMINATION-OF-B.DOC
TRIAL
▲ Day 4 of 6

Defense cross-examination of Brian Kato Kaelin

Witness: Brian "Kato" Kaelin
Examiner: Gerald Uelmen
Called by: Prosecution • Date: Wednesday, July 6, 1994 • Lines: 50
The defense questioned Kaelin about the size and visibility afforded by his bathroom window, then established that he heard no unusual noises after the earlier wall thumps and was in his room from about 11:15 p.m. until police awakened him. The questioning also covered his occasional household duties, use of the jacuzzi, and close relationship with the Simpson and Brown families.
1 THE COURT:

Mr. Uelmen.

2

CROSS-EXAMINATION

3

BY MR. UELMEN:

4 Q:

Mr. Kaelin, you referred to the window in your bathroom as a narrow window?

5 A:

Rectangle. It is rectangular shaped.

6 Q:

About 2 feet wide?

7 MS. CLARK:

Objection. That misstates the testimony.

8 THE COURT:

Restate the question.

9

BY MR. UELMEN:

10 Q:

I am asking you how wide was it.

11 A:

I would say about 14 inches wide and, I think, about 3-1/2 feet in height.

KEY QUOTE
12 Q:

All right. Is it wide enough so you could stick your head out or your body out through the window?

13 A:

If you cranked the window enough in my room, I think you could stick your head out. There is a screen there.

14 Q:

Uh-huh. Does the screen come off from inside?

15 A:

I don't know if it does. I think the screen comes off, but I don't know how it comes off.

16 Q:

From that window you can see into the walkway area behind your room, can you not?

17 A:

If I am sticking my head out?

18 Q:

Yes.

19 A:

I have never done it. I can see outside the window.

KEY QUOTE
20 Q:

Can you see into the area where the air conditioner is?

21 A:

I think you could.

22 Q:

Now, when the officers were questioning you about what had happened the night before, you told them about the thumps you heard on the wall between 10 and 11 p.m.; is that correct?

23 A:

Yes, I did.

24 Q:

Did you indicate you had heard any unusual noises at all after 11 p.m.?

25 A:

Nothing unusual, no.

KEY QUOTE
26 Q:

All right. And you were in your room, essentially, from 11 p.m. until the officers woke you up at 5 a.m., were you not?

27 A:

About 11:15 I was in my room.

KEY QUOTE
28 Q:

And there was nothing that led you to be alarmed about any unusual events on the premises after 11:15, was there?

29 A:

Besides the noise?

30 Q:

YES.

31 A:

No. That's it.

32 Q:

Did you ask Mr. Simpson's permission to use the jacuzzi on the premises?

33 A:

Yes, I did. That night I did, yes.

34 Q:

Actually, that was the first time you had used the jacuzzi -- that evening before -- correct?

35 A:

I swam in the pool before, and you can swim into the jacuzzi and back; but I never actually sat down and had the jets on.

36 Q:

And about how often would you say you fed the dogs?

37 A:

Certain times, twice a week. You know. gigi, the housekeeper, would sometimes just say, "do you have time to feed the dogs?" I went "sure."

38 Q:

So it wasn't your regular responsibility to feed the dogs?

39 A:

No, it wasn't my responsibility.

40 Q:

Just occasionally you were asked to do that?

41 A:

Yeah.

42 Q:

By gigi?

43 A:

By gigi. And sometimes I would just do it.

44 Q:

Essentially, would it be fair to say you were treated like a member of the family?

45 A:

Yes.

46 Q:

And when you took the kids to the movies, was that as a favor for Nicole?

47 A:

Favor? I just liked doing it. I didn't think of it as being a favor at all.

KEY QUOTE
48 Q:

But nicole was the one who asked you to do that?

49 A:

Yeah. Nicole would ask me to do it or whoever would ask me -- I don't remember exactly who would ask me, but I would do it.

50 MR. UELMEN:

Thank you.

Temperature

routine

Key Quotes (5)

Brian "Kato" Kaelin
I would say about 14 inches wide and, I think, about 3-1/2 feet in height.
Kaelin supplied dimensions showing that the bathroom window was narrow but potentially large enough to look through.
Brian "Kato" Kaelin
I have never done it. I can see outside the window.
Kaelin declined to claim firsthand knowledge of the precise view into the rear walkway, limiting the value of that sightline.
Brian "Kato" Kaelin
Nothing unusual, no.
Kaelin confirmed that he reported no unusual noises after 11 p.m., helping the defense define the relevant timeline.
Brian "Kato" Kaelin
About 11:15 I was in my room.
This placed Kaelin in his room from approximately 11:15 p.m. until police awakened him around 5 a.m.
Brian "Kato" Kaelin
Favor? I just liked doing it. I didn't think of it as being a favor at all.
Kaelin characterized his assistance with Nicole's children as personal affection rather than an obligation or transactional favor.

Evidence (4)

Informal
The narrow rectangular bathroom window in Kaelin's room, including its approximate dimensions and whether a person could look through it into the rear walkway.
discussed
Informal
The removable screen covering Kaelin's bathroom window.
discussed
Informal
The air conditioner in the walkway area behind Kaelin's room, which might have been visible through the window.
discussed
Informal
The jacuzzi and adjoining pool on the Simpson premises, including Kaelin's prior use of them.
discussed

Notable Exchanges (3)

Gerald UelmenBrian "Kato" Kaelin
Uelmen tested whether Kaelin could have looked through his bathroom window into the walkway and air-conditioner area; Kaelin said it might be possible but emphasized that he had never tried it.
strategic
Gerald UelmenBrian "Kato" Kaelin
Uelmen established that Kaelin heard no unusual noises after the earlier wall thumps and remained in his room from about 11:15 p.m. until police awakened him around 5 a.m.
revealing
Gerald UelmenBrian "Kato" Kaelin
Uelmen explored Kaelin's household role, eliciting that feeding the dogs was only occasional but that Kaelin was treated like a family member.
routine

Light Moments (1)

Brian "Kato" Kaelin
When asked whether he could see the walkway through the window, Kaelin playfully clarified, "If I am sticking my head out?"

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 9123 • 50 lines • Prosecution witness
Preliminary Trial
Department 103
📂 JUL 6, 1994 📄 Defense cross-examination of B
JUL 6, 1994