📄 Direct examination of Brian Kato Kaelin — Wednesday, July 6, 1994
📅 Jul 6 — Day 4
🛡️ Gerald Uelmen🗣️ Brian "Kato" Kaelin⚖️ Kathleen Kennedy-Powell
timelinepolice_procedurerockinghambroncoevidence_handling
Address:
C:\DEPT103\PRELIMINARY\1994\JUL\6\DIRECT-EXAMINATION-OF-BRIAN-KA.DOC
TRIAL
▲ Day 4 of 6

Direct examination of Brian Kato Kaelin

Witness: Brian "Kato" Kaelin
Examiner: Gerald Uelmen
Called by: Defense • Date: Wednesday, July 6, 1994 • Lines: 110
Kaelin described being awakened by four police officers at Rockingham early on June 13, telling them Simpson was in Chicago, and assisting them in locating Arnelle Simpson and entering the house. He also recounted an officer inspecting his clothes and shoes, police asking about Bronco keys, his removal to Ashford for transport to an interview, and the layout and condition of his bathroom window.
1 THE COURT:

Okay. All right. Mr. Kaelin, you've previously been sworn and remain under oath. Please have a seat in the witness stand. State and spell your name for the record.

2 BRIAN "KATO" KAELIN:

Hi. Brian Kato Kaelin. B-r-i-a-n, k-a-t-o, k-a-e-l-i-n. BRIAN KATO KAELIN, called as a witness by and on behalf of the defendant, having been duly sworn, was examined and testified as follows:

3 THE COURT:

Thank you. Mr. Uelmen.

4 MR. UELMEN:

Thank you.

5

DIRECT EXAMINATION

6

BY MR. UELMEN:

7 Q:

Mr. Kaelin, returning to the morning of Monday, June the 13th. Were you awakened that morning by police officers?

8 A:

Yes, I was.

9 Q:

Can you tell us approximately what time they woke you up?

10 A:

Between -- I think the -- approximately between 5:00 and 6:00 a.m.

11 Q:

And where were you at that time?

12 A:

In bed.

13 Q:

And would you indicate on the chart where your bedroom is located?

14 A:

Right there.

15 Q:

You're pointing to what is labeled "Kato's room" on the chart?

16 A:

Yes.

17 Q:

All right. How many officers were at the door when you woke up?

18 A:

four. Four officers.

19 Q:

Four officers. Now, what's the first thing they said to you?

20 A:

Okay. There was banging at the door and I was asleep and I was startled. I said, "who's there?" They said, "the police."

KEY QUOTE
21 Q:

All right.

22 A:

That was the first words.

23 Q:

Did you then go to the door?

24 A:

Then I looked to make sure, and I just saw four guys in suits, coat and tie, and I opened the door. I put a shirt on and opened the door.

25 Q:

All right. And what's the first thing they said to you after you opened the door?

26 A:

Um, I don't know of the exact order. What was my name and do I live here. Um -- who else lives here came up. And -- I don't know, I was shaking, so --

27 Q:

Did they ask you any questions about the whereabouts of Mr. Simpson?

28 A:

At some point it came up and I said Chicago.

29 Q:

All right. Was that in this initial conversation at the door when they awoke you?

30 A:

I don't remember. There was conversation where I said that, though.

31 Q:

All right. So the first time you were asked where Mr. Simpson was, you told the officers he was in Chicago.

32 A:

I said yes, he was in Chicago.

KEY QUOTE
33 Q:

All right. Did the officers ever indicate to you any concern about a suicide or murder occurring on the premises?

34 A:

Can you say that again?

35 Q:

Did the officers ever indicate to you any concern about a suicide or a murder occurring on the premises at Rockingham?

36 A:

No.

37 Q:

Did they ever indicate to you that they were concerned about any injured persons on the premises?

38 A:

No.

39 Q:

Did they enter your room?

40 A:

One officer entered my room.

41 Q:

Did they ask you about your clothing?

42 A:

Yes.

43 Q:

What did they ask you?

44 A:

Um, he said, "what did you wear yesterday?" So I pointed out what I wore yesterday.

45 Q:

All right.

46 A:

And he looked at it.

47 Q:

Did he pick up the clothing and examine it?

48 A:

He picked up a pair of my shoes and examined it.

KEY QUOTE
49 Q:

All right. Did he look at the bottom of your shoes?

50 A:

Yes.

51 Q:

At some point did he tell you to leave the room?

52 MS. CLARK:

Objection; this is a little bit leading, Your Honor. This witness is on direct, as I understand it.

53 THE COURT:

Overruled as to that question. You can answer the question.

54 BRIAN "KATO" KAELIN:

Oh, say it again.

55

BY MR. UELMEN:

56 Q:

At some point did he ask you to leave the room?

57 A:

Yes, at some point.

58 Q:

At what point was that? How long had he been in the room?

59 A:

Well, he was -- I was -- I remember saying I thought O.J.'s plane had crashed or something and something was wrong, and I was talking to him. And I don't remember everything I was saying, but I think I was rattling. And after talking to him, he asked me to go out and I was with the other three guys.

60 Q:

All right. And where did they take you then?

61 A:

You know, in my room, when you walk out --

62 Q:

Yes.

63 A:

-- okay, there's cement right there. I was right under the door there talking to them.

64 Q:

All right. And then did they take you to another part of the house?

65 A:

Yes. After talking to me, I also pointed to Arnelle's room. They asked me who else was here, and I said, "O.J.'s daughter Arnelle lives over there." And so I pointed to her door.

66 Q:

And then did they take you to another part of the house?

67 A:

Yeah, after they got Arnelle.

68 Q:

All right. did Arnelle take some of the officers into the house?

69 A:

I think so, because I don't have a key, so I know I didn't open it, so someone did. I think so. I think she led them in the back doorway and I followed.

70 Q:

Now up to this point, had they informed you why they were there or what they were investigating?

71 A:

No -- um, no.

72 Q:

Did you give them any further information about Mr. Simpson's whereabouts?

73 A:

Just in Chicago. That's what I knew, he went to the airport and went to Chicago.

74 Q:

Did they ask you when he had left for Chicago?

75 A:

I -- I think so. I don't remember. I think I probably said it.

76 Q:

Do you recall what you said?

77 A:

That he took a limo to the airport to go to Chicago.

78 Q:

Did they ask you any questions about the Ford Bronco that was parked in front of the premises?

79 A:

When I was inside the house, they just asked where the keys were for the Bronco, if there was an extra set of keys. So I was looking for them and I couldn't find them.

80 Q:

And at some point were you asked to leave the premises at 360 north Rockingham?

81 A:

To wait outside on Ashford.

82 Q:

All right. And what time did they ask you to do that?

83 A:

Approximately 7:30, 7:38 a.m.

KEY QUOTE
84 Q:

Now, when you say "wait outside on Ashford," you mean they actually just asked you to stand out on the street?

85 A:

Well, I was led outside and -- yeah, they asked me to kind of wait on Ashford. And they said I was going to be taken to another station, that two officers, two uniformed officers, were going to take me down there, but it was for an interview.

86 Q:

And how were you dressed at that point?

87 A:

I don't know if I had my pajamas on or not still. I might have. I think I had put my jeans on. But I had a -- I know I had a blue shirt on, blue --

88 Q:

Did they ever permit you to go back into your room after they asked you to step out of the room?

89 A:

Yes.

90 Q:

And for what purpose?

91 A:

I think to put pants on.

92 Q:

And you were accompanied by an officer at that time?

93 A:

I don't -- I don't remember. I don't remember if I was or not. I think I was on my own. I'm not positive.

94 Q:

Are there any windows in the back wall of your room?

95 A:

The back wall of my bedroom, no. There's a bathroom that has a window.

96 Q:

Would you point out to us where that bathroom is.

97 A:

It would be right here.

98 Q:

All right. And could you describe that window.

99 A:

It's a window with a screen on it, and you turn a little handle to open it up and it opens that way.

100 THE COURT:

Swings out?

101 BRIAN "KATO" KAELIN:

It swings out.

102

BY MR. UELMEN:

103 Q:

Was the window open that evening?

104 A:

I usually don't have it open, so it probably was not open.

105 Q:

You just turn a little crank and it opens it up?

106 A:

Yeah. I only sometimes crack for a shower so the windows don't steam.

107 Q:

And you leave the crank in the window?

108 A:

I leave the crank in the window.

109 Q:

Thank you.

110 MR. UELMEN:

Nothing further.

Temperature

routine

Key Quotes (5)

Brian "Kato" Kaelin
There was banging at the door and I was asleep and I was startled. I said, "who's there?" They said, "the police."
Kaelin described the officers' early-morning arrival and his startled reaction.
Brian "Kato" Kaelin
I said yes, he was in Chicago.
Kaelin testified that he immediately informed police that Simpson was away in Chicago.
Brian "Kato" Kaelin
No -- um, no.
Kaelin said police had not explained why they were present or what they were investigating before entering the house.
Brian "Kato" Kaelin
He picked up a pair of my shoes and examined it.
This established that an officer inspected Kaelin's footwear during the initial encounter at Rockingham.
Brian "Kato" Kaelin
Approximately 7:30, 7:38 a.m.
Kaelin supplied a timeline for when police moved him outside to Ashford and prepared to take him for an interview.

Evidence (5)

Informal
A chart of the Rockingham property showing Kaelin's room and bathroom area.
displayed and used to identify locations
Informal
The clothing Kaelin said he had worn the previous day.
discussed and examined by police
Informal
A pair of Kaelin's shoes, including their soles.
discussed and examined by police
Informal
The Ford Bronco parked in front of the Rockingham premises and a missing extra set of its keys.
discussed
Informal
The screened, crank-operated bathroom window adjoining Kaelin's bedroom.
discussed

Notable Exchanges (4)

Gerald UelmenBrian "Kato" Kaelin
Kaelin testified that four plainclothes officers awakened him between 5:00 and 6:00 a.m.; he was startled, shaking, and initially feared Simpson's plane might have crashed.
revealing
Gerald UelmenBrian "Kato" Kaelin
Kaelin said the officers entered his room, asked what he had worn, and inspected the bottoms of his shoes without explaining what they were investigating.
strategic
Marcia ClarkGerald UelmenKathleen Kennedy-Powell
Marcia Clark objected that Uelmen's question was leading on direct examination, but Judge Kennedy-Powell overruled the objection.
procedural
Gerald UelmenBrian "Kato" Kaelin
Kaelin identified Arnelle Simpson's room and described how she apparently enabled the officers to enter the main house because he lacked a key.
revealing

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 9120 • 110 lines • Defense witness
Preliminary Trial
Department 103
📂 JUL 6, 1994 📄 Direct examination of Brian Ka
JUL 6, 1994