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CA v. O.J. Simpson: Kato Kaelin Hears Odd Noises the Night of Murders — Transcript

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  1. 0:00Present before the court with his
  2. 0:01counsel, Mr. Shapiro, Mr. Cochran, Mr.
  3. 0:03Douglas, Mr. Bailey.
  4. 0:05People are represented by Ms. Clark and
  5. 0:07Mr. Darden. The jury is not present.
  6. 0:12Counsel, is there anything we need to
  7. 0:13take up before we invite the jurors to
  8. 0:15rejoin us? Yes, Your Honor. Very
  9. 0:17briefly, uh
  10. 0:20we are quite concerned about some of the
  11. 0:22things that are being said uh
  12. 0:25at sidebar that are gratuitous in
  13. 0:27nature. And yesterday there were
  14. 0:29statements that were made that were
  15. 0:32quite derogatory of Jason Simpson and
  16. 0:36implied that he was involved in planting
  17. 0:39potential evidence. Uh since those
  18. 0:42sidebar conferences are public record
  19. 0:44and released, uh it not only causes a
  20. 0:49great deal of anxiety to Mr. Simpson, it
  21. 0:53causes us great concern because
  22. 0:56in the unfortunate event that this jury
  23. 0:59cannot reach a verdict,
  24. 1:01it's going to be much more difficult in
  25. 1:03the future
  26. 1:05to try to pick a fair and impartial
  27. 1:07juror if jury if they are being poisoned
  28. 1:11by these types of gratuitous comments.
  29. 1:14And I want the record to reflect that we
  30. 1:16strenuously object to those.
  31. 1:18One moment, please.
  32. 1:24And and in this case, the statement was
  33. 1:27directly in contradiction to the facts
  34. 1:29in this case that have been filed by a
  35. 1:31judge under seal.
  36. 1:36All right. Any other comment?
  37. 1:39All right. Let's have the jurors. Your
  38. 1:40Honor, could I ask one I had to one it's
  39. 1:42good and I think
  40. 1:44by by the defense attorney I indicated
  41. 1:46I've indicated to Mr. Shapiro already
  42. 1:47that we have a
  43. 1:50a very short segment of videotape that I
  44. 1:52wanted to be able to show to this
  45. 1:53witness
  46. 1:54on the witness stand and I want to make
  47. 1:56sure that it is
  48. 1:58the date that I think Pardon? All right.
  49. 2:01Yeah, that's something I can lay a
  50. 2:02foundation for. Perhaps what I should do
  51. 2:04right now is show it to counsel so that
  52. 2:06um
  53. 2:06we don't have to take a break in the
  54. 2:08proceedings
  55. 2:09at the time.
  56. 2:11All right.
  57. 2:15What is this video of? It's a robbery in
  58. 2:18progress.
  59. 2:33Audio is working.
  60. 2:39What did they see us?
  61. 2:43They didn't see us
  62. 2:44because they were driving.
  63. 2:48Okay, we're 30 seconds away. 30 seconds
  64. 2:51away.
  65. 2:54Look at me, fellas.
  66. 3:00Give me that open door.
  67. 3:03Okay, we're 15 seconds away. 10 seconds
  68. 3:06away.
  69. 3:07It's not on our side. I don't know
  70. 3:08what's up. Okay, we're going to do it.
  71. 3:40You stay on them, not on me.
  72. 3:44Keep doing this. Go back to the
  73. 3:45building.
  74. 3:47Go back.
  75. 4:23What's this station?
  76. 4:28All right, Ms. Clark, we've had the
  77. 4:29opportunity to see the video.
  78. 5:01Uh that's it. That's it?
  79. 5:04Mr. Shapiro, any comment? Yes, Your
  80. 5:06Honor. We'd like to offer a proof as to
  81. 5:08the relevance.
  82. 5:10All right.
  83. 5:11It will be presented with
  84. 5:13uh Kato.
  85. 5:15But first, before I do that, what I need
  86. 5:17to inquire of the defense is from what
  87. 5:20station this tape
  88. 5:23came
  89. 5:24and the copy of the SDT that produced
  90. 5:27it.
  91. 5:31Do we know?
  92. 5:33I don't think we know at this point.
  93. 5:35We have We have to try to look at that.
  94. 5:36See what she wants to do.
  95. 5:38Today?
  96. 5:42How could they not know? Well,
  97. 5:44counsel, out of out of curiosity, what's
  98. 5:45the relevance of that clip?
  99. 5:48Well, the person that is with Mr. Kaelin
  100. 5:51is Ron Shipp.
  101. 5:52Correct. Ron Shipp has testified to his
  102. 5:55presence at the house
  103. 5:57on June the 13th.
  104. 5:59If the court will recall,
  105. 6:01we believe this tape was made on June
  106. 6:03the 13th.
  107. 6:05It will demonstrate will corroborate Ron
  108. 6:07Shipp's testimony.
  109. 6:09And then of course the clip of the dog
  110. 6:14We'll we'll stipulate Mr. Shipp was
  111. 6:16there on the 13th. That's not an issue.
  112. 6:19The people are allowed to prove their
  113. 6:20case
  114. 6:22in their own way.
  115. 6:23what is the relevance of the the Akita
  116. 6:26dog?
  117. 6:27Well, if one recalls the testimony of
  118. 6:29Rosa Lopez,
  119. 6:30a dog that was barking furiously the
  120. 6:32night before is
  121. 6:35being is being very docile and petted by
  122. 6:37complete and total strangers.
  123. 6:40So, Your Honor,
  124. 6:41I've had dogs all my life and sometimes
  125. 6:43they bark, sometimes they don't bark.
  126. 6:45And as it turns out, we were around a
  127. 6:47friendly police officer.
  128. 6:50Oh, all of a sudden it's a friendly
  129. 6:51police officer.
  130. 6:53I love it. Wait, can I can I get this
  131. 6:55admitted?
  132. 6:57The problem is that the foundation is
  133. 6:59there. One one one counsel per per side,
  134. 7:02Mr. Cochran. On this one. Yes.
  135. 7:04She has a question regarding the
  136. 7:06foundation of this tape. She Your Honor,
  137. 7:09objection. What
  138. 7:10I
  139. 7:12I noted it.
  140. 7:13All right.
  141. 7:14I assume the answer is since they
  142. 7:16weren't prepared, they don't ask to this
  143. 7:18particular snippet of videotape, they
  144. 7:20can't tell you
  145. 7:22who the
  146. 7:23cinematographer was or the videographer,
  147. 7:26whatever it is we call them these days.
  148. 7:28Uh
  149. 7:31However, if it's in sequence,
  150. 7:34uh I did see a Detective Lange
  151. 7:37carrying his uh
  152. 7:40clipboard and what appeared to be the
  153. 7:43pair Reebok shoes. That he's already
  154. 7:45testified
  155. 7:46is we don't know if that's in sequence
  156. 7:48cuz there appears to me to be a cut in
  157. 7:49between. Right. There does.
  158. 7:52Um perhaps I could do it this way, Your
  159. 7:54Honor.
  160. 7:54We know that there will be a foundation
  161. 7:56forthcoming because someone
  162. 7:58obviously videotaped it and the defense
  163. 8:00got the tape from that person. And as
  164. 8:02soon as the defense tells me who it is,
  165. 8:03I can call the person and lay the
  166. 8:05foundation.
  167. 8:06Let me let me cut to the chase. Mr.
  168. 8:07Shapiro, is there any objection to this?
  169. 8:10Yes, Your Honor.
  170. 8:11On foundational grounds?
  171. 8:14If I can ask the court to allow me to
  172. 8:15have the witness identify himself and
  173. 8:18Ron Shipp and the dog subject to a
  174. 8:20motion to strike. I will not elicit
  175. 8:21testimony from this witness as to when
  176. 8:24the videotape when that those events
  177. 8:26transpired and I'll call the person who
  178. 8:28shot the tape to testify of that.
  179. 8:32All right. Any response to that
  180. 8:33proposal, Mr. Shapiro? We would be in
  181. 8:34objection.
  182. 8:35I see.
  183. 8:37Okay.
  184. 8:37I'll allow it subject to a motion to
  185. 8:39strike. Thank you, Your Honor.
  186. 8:45All right. Let's have the jurors,
  187. 8:45please.
  188. 8:48Reflect that we've now been rejoined by
  189. 8:49all the members of our jury panel. Good
  190. 8:51morning, ladies and gentlemen.
  191. 8:53Mr. Kaelin, would you resume the witness
  192. 8:55stand, please?
  193. 9:02All right. I want you to pull the
  194. 9:03microphone close to you, please.
  195. 9:05All right. Good morning, Mr. Kaelin.
  196. 9:07Good morning. You're reminded you are
  197. 9:08still under oath, sir. Yes. Ms. Clark,
  198. 9:11you may resume with your direct
  199. 9:12examination. Thank you, Your Honor. Good
  200. 9:14morning.
  201. 9:17Uh
  202. 9:20Mr. Kaelin, yesterday
  203. 9:25you were explaining to us the layout of
  204. 9:26the house. Yes.
  205. 9:28Recall.
  206. 9:28I'd like to go back to that for just
  207. 9:31a brief moment.
  208. 9:57Is this
  209. 9:59Is that
  210. 10:01This is Robertson. Is the water fresh?
  211. 10:04Water fresh.
  212. 10:10Showing you all
  213. 10:12Today I got to mark this people 66. You
  214. 10:14would look at this
  215. 10:14Mr. Kaelin to step down? Uh yes, thank
  216. 10:16you, Ron.
  217. 10:24All right, let me ask you a couple of
  218. 10:25questions.
  219. 10:27Are there any doors that lead out onto
  220. 10:29the south pathway
  221. 10:31uh from the main house
  222. 10:34or garage area?
  223. 10:36South pathway? Yes. Yes. Um yes.
  224. 10:41And can you tell us which ones they are?
  225. 10:43There's a uh laundry room. Mhm.
  226. 10:46I guess that would be right here. For
  227. 10:48the record, the witness is indicating
  228. 10:49the yellow arrow that's been placed by
  229. 10:52where is a There's a um V indentation in
  230. 10:55the main house.
  231. 10:56Okay.
  232. 10:58And now there's one in the uh garage.
  233. 11:03Okay. Do you know where on that south
  234. 11:05wall of the garage it is?
  235. 11:09It's
  236. 11:10the opening here, so it'd be around
  237. 11:11here, I think. Okay, be farther um to
  238. 11:15the left of the yellow arrow that's been
  239. 11:16placed on the board right now.
  240. 11:18Yes. Okay.
  241. 11:19That's where the car would have been,
  242. 11:21right here. Mhm. Yeah. Okay.
  243. 11:24You're saying it'd be farther to the
  244. 11:25left of that. Can you show us
  245. 11:26approximately where you think it would
  246. 11:27be?
  247. 11:29I think it would be right about here.
  248. 11:31Okay, and for the record, the witness
  249. 11:33has pointed to the area where there's an
  250. 11:35indentation in the garage to the left of
  251. 11:37the yellow arrow placed by the garage.
  252. 11:39You know, be free to free to 4 in to the
  253. 11:41left. May I suggest we mark that? I
  254. 11:44Right.
  255. 11:47Do you have my uh sticker?
  256. 11:50I think that we went back to you.
  257. 11:54I have that now.
  258. 11:57All right.
  259. 12:04Perhaps we should even label those
  260. 12:06stickers with either the witness's
  261. 12:07initials and/or one, two, or three.
  262. 12:10I just put it on Mr. Kaelin right here
  263. 12:12on the wall.
  264. 12:19Thank you.
  265. 12:21And for the record, the witness I'm
  266. 12:23going to put a I'm going to put the
  267. 12:25witness's initials on that arrow.
  268. 12:27Um
  269. 12:29B K.
  270. 12:40All right, you can resume your seat.
  271. 12:50With respect to the door uh
  272. 12:53that you indicated was the laundry room.
  273. 12:57Okay. That door that leads out onto the
  274. 12:59south pathway from the laundry room of
  275. 13:01the main house, sir.
  276. 13:02That is indicated by the arrow
  277. 13:05that is unmarked on the V part of the
  278. 13:07main house here.
  279. 13:09All right. With respect to that
  280. 13:10particular door, sir.
  281. 13:12First of all, did you ever use the
  282. 13:14laundry room when you were living in the
  283. 13:15house? Yes.
  284. 13:17And have you ever Did you ever see
  285. 13:19anyone go in or out of that door?
  286. 13:21Not really used. Okay.
  287. 13:23And do you recall whether it was kept
  288. 13:25locked with a deadbolt or some other
  289. 13:27means?
  290. 13:28Um I'm not sure.
  291. 13:30But you never saw it used? I never used
  292. 13:33it. I never really saw it used, no.
  293. 13:35With respect to the garage door.
  294. 14:14I have a photograph that I asked him to
  295. 14:16eventually into the counsel.
  296. 14:54Mr. Clark.
  297. 15:00Mr. Clark, are you going to use the 66
  298. 15:02any longer? Uh no.
  299. 15:03All right, let's have it taken down,
  300. 15:04please.
  301. 15:06I have a photograph
  302. 15:10bearing the numbers in the lower
  303. 15:11right-hand corner 000095.
  304. 15:15I asked him to mark people's 130.
  305. 15:19And
  306. 15:21000096
  307. 15:23in the lower right-hand corner of the
  308. 15:24photograph people's 131.
  309. 15:34Fine.
  310. 15:35Mr. Kaelin.
  311. 15:37Were you ever inside the garage of the
  312. 15:39location 360 North Rockingham? Yes.
  313. 15:43Can you tell us, please, sir, uh the to
  314. 15:46the best of your recollection at this
  315. 15:47time
  316. 15:49what you recall seeing inside that
  317. 15:50garage?
  318. 15:52If you enter from the laundry room door,
  319. 15:56you'd see you'd walk into a a weight
  320. 15:58set, uh workout center.
  321. 16:02Right in the front.
  322. 16:03Mirrors.
  323. 16:05Uh a car would be parked
  324. 16:09uh against the garage door, the opening.
  325. 16:11What kind of car?
  326. 16:12Uh Testarossa. What color? Red.
  327. 16:15Was it kept covered or uncovered?
  328. 16:17Usually covered. Okay.
  329. 16:20Um
  330. 16:21and there was
  331. 16:23shelves
  332. 16:25with
  333. 16:27I don't know what was in buckets, paint
  334. 16:29maybe.
  335. 16:31A lot of stuff in there? Yes. Okay.
  336. 16:34Now, do you recall my asking you if
  337. 16:35there was a garage door that led out to
  338. 16:38the south pathway in your memory
  339. 16:41when we had were discussing uh this case
  340. 16:43in my office?
  341. 16:44Yes. Did you remember that there was a
  342. 16:46garage door initially? No. And why is
  343. 16:48that?
  344. 16:50I didn't see it.
  345. 16:51Ever use it? No. Ever see anyone use it?
  346. 16:54No.
  347. 16:57People's 130. I would ask you to look at
  348. 16:59your monitor.
  349. 17:02Yes.
  350. 17:08Did the items in the garage ever vary
  351. 17:11from time to time?
  352. 17:15You mean storage things or
  353. 17:17Yes.
  354. 17:19I wouldn't know.
  355. 17:20It'd be
  356. 17:22There could There could be
  357. 17:23stuff in there, yes. Did you go to the
  358. 17:25garage often?
  359. 17:26No.
  360. 17:29How many times would you say you were in
  361. 17:30the garage during the period of time you
  362. 17:32were
  363. 17:33Excuse me, that you were living there?
  364. 17:3716.
  365. 17:3816 times?
  366. 17:40And you lived there for how long?
  367. 17:426 months.
  368. 17:46If uh you were shown a photograph, do
  369. 17:48you think you'd be able to tell what
  370. 17:50date that photograph was taken?
  371. 17:52No.
  372. 17:53Thank you, nothing further.
  373. 17:55All right. Mr. Clark.
  374. 18:01Proceed.
  375. 18:05Do you know what the contents of the
  376. 18:07garage were or what the garage looked
  377. 18:09like inside as of June the 12th, 1994?
  378. 18:15Of some of things, yes. Okay. If I show
  379. 18:17you a photograph of the interior of that
  380. 18:20garage, can you tell you will you be
  381. 18:21able to tell us whether it fits your
  382. 18:23memory of the appearance of that
  383. 18:25location? Yes.
  384. 18:28One, please.
  385. 18:30Counselor, I think I think Excuse me.
  386. 18:32Excuse me. I think the objection is he
  387. 18:34needs to look at the photograph and tell
  388. 18:36us if that matches his recollection
  389. 18:37before it's shown to the jury.
  390. 18:48And for the record, that's people's
  391. 18:50People's 130, yes, sir. I'm sorry.
  392. 18:52That's the garage inside. And is that
  393. 18:54the way you recall seeing it, sir? Yes.
  394. 18:56That fits your memory of it? Yes.
  395. 19:02No.
  396. 19:03Proceed.
  397. 19:10One, please.
  398. 19:20All right, you're looking at 130 right
  399. 19:22now, Mr. Kaelin.
  400. 19:25Yes. All right. Can you tell us
  401. 19:28What What are you looking at? What
  402. 19:30location is that?
  403. 19:31That's the uh
  404. 19:32coming from the laundry The shot was
  405. 19:33taken probably from the laundry room
  406. 19:35door, and it's the garage. And so you're
  407. 19:37looking from the interior of the house
  408. 19:39into the garage? Yes.
  409. 19:41And is that uh the appearance of the
  410. 19:43garage as you last remember seeing it?
  411. 19:45Yes.
  412. 19:47Okay, directing your attention, sir. I'm
  413. 19:48going to use a laser.
  414. 19:53Can you look up at the screen for a
  415. 19:54moment?
  416. 19:57Okay, you see this little red dot? Yes.
  417. 19:59All right.
  418. 20:01First of all, what am I pointing to
  419. 20:02here?
  420. 20:04It's the weights.
  421. 20:05The workout center. All right. And
  422. 20:07behind that those weights, what do you
  423. 20:09see what I'm circling?
  424. 20:11The car, the Testarossa. Okay. And you
  425. 20:14see is it covered here?
  426. 20:16Yes, it is. All right. And is that the
  427. 20:17cover you recall seeing on it?
  428. 20:19Yes.
  429. 20:20Was it usually kept covered in that
  430. 20:21manner?
  431. 20:22Yes. Okay. And over here, sir.
  432. 20:26What's what's on the wall over here?
  433. 20:29I can't tell from the shot, but I think
  434. 20:30that's the mirrors. Okay.
  435. 20:32Dark and sunny.
  436. 20:33All right. Now, I'm moving
  437. 20:35the red dot to an area right here. You
  438. 20:38see this big cardboard box? Yes. And was
  439. 20:41that Do you recall that being in the
  440. 20:42garage as well?
  441. 20:46It probably was, but I can't recall. I
  442. 20:49mean, there were storage things.
  443. 20:51So, it probably yes.
  444. 20:53It was
  445. 20:54All right. And I'm directing your
  446. 20:55attention now to an area just above that
  447. 20:57box.
  448. 20:59Can you see what that is, sir?
  449. 21:04That's the door.
  450. 21:08Let me show you
  451. 21:09another view.
  452. 21:13People's 131.
  453. 21:18And what are we looking at here, sir?
  454. 21:20It's just a different angle of the
  455. 21:22garage again. Same.
  456. 21:24With all with all the with the car
  457. 21:26Right.
  458. 21:26and then the weights.
  459. 21:28All right. The shot's taken like where
  460. 21:29the mirrors would be. Okay.
  461. 21:31And then the door
  462. 21:33would be on the left-hand side of the
  463. 21:35photograph that you can't see, right?
  464. 21:36Correct.
  465. 21:44All right. I'm going to show you
  466. 21:45a next series of three photographs.
  467. 21:48First one
  468. 21:50with the number in the lower right-hand
  469. 21:52corner of
  470. 21:5388.
  471. 21:55People's 132.
  472. 22:06Same location.
  473. 22:09I'll show the witness the pictures
  474. 22:10first. Please. And if I could mark them
  475. 22:12though, so I can refer to them. All
  476. 22:13right. 132, 133, and 134. Correct. Thank
  477. 22:16you.
  478. 22:18That'd be 133 is got the number 89 in
  479. 22:21the lower right-hand corner. 134 has the
  480. 22:22number 90 in the right-hand corner.
  481. 22:27Mr. Kaelin, can you tell us if you
  482. 22:28recognize what's shown in these
  483. 22:29photographs?
  484. 22:31The garage. Okay.
  485. 22:33And do you recognize the items shown in
  486. 22:35this photograph?
  487. 22:36Uh
  488. 22:37items that are stored in the garage.
  489. 22:39Okay. And had you seen them there before
  490. 22:40when you were living there? Yes.
  491. 22:43Do you recognize the car shown in these
  492. 22:44photographs? Yes.
  493. 22:46Is that the same as the car shown in the
  494. 22:47previous photographs you've identified?
  495. 22:49Yes. Is there a cover on the car in
  496. 22:51these photographs? No.
  497. 22:53There are bicycles shown in these
  498. 22:55photographs. Do you recall seeing
  499. 22:56bicycles in that position in the garage
  500. 22:58when you lived there?
  501. 23:00Yeah, there'd be bikes that could be on
  502. 23:02the other side, that side, but yeah.
  503. 23:03Just like that. Okay.
  504. 23:08And the big cardboard box with the
  505. 23:10television on top of the chest
  506. 23:12that you see there. Yes.
  507. 23:15Uh that's Does that appear to be the
  508. 23:16same cardboard box, chest, and
  509. 23:18television that you see uh that you saw
  510. 23:20in the previous photographs?
  511. 23:21Yes.
  512. 23:24And does this fit your memory of the
  513. 23:26appearance of the
  514. 23:27interior of the garage when you were
  515. 23:29living at 360 North Rockingham? Yes.
  516. 23:36I'm going to show you People's 132. If
  517. 23:38you please look at your monitor.
  518. 23:52Directing your attention now, sir, to
  519. 23:53the television set and the chest and the
  520. 23:56large cardboard box.
  521. 23:59As you look above those items, what do
  522. 24:00you Can you see
  523. 24:03what is above the television set here?
  524. 24:05And if you could look at the screen
  525. 24:06where I'm gesturing with my with the
  526. 24:08laser light.
  527. 24:09If you can see it.
  528. 24:12That's the door.
  529. 24:16133, please.
  530. 24:22Showing you People's 133.
  531. 24:25I'm gesturing with the laser light.
  532. 24:29What's that, sir?
  533. 24:33That's the the door.
  534. 24:35134, please.
  535. 24:39And once again, if you could look at the
  536. 24:41screen. I'm sorry. The door again. All
  537. 24:43right. And you see here the chest and
  538. 24:45the television set and the cardboard box
  539. 24:48Yes. shown in the previous
  540. 24:50four photographs.
  541. 24:52Yes. Okay.
  542. 24:54And does this
  543. 24:55Does Do these views of the garage
  544. 24:57comport with your memory of its
  545. 24:58appearance when you were living there?
  546. 25:01Yes.
  547. 25:19All right, Mr. Kaelin, we're directing
  548. 25:20your attention back to the date
  549. 25:24of June the 12th, 1994.
  550. 25:27On that date, I think you indicated that
  551. 25:30Paula Barbieri had called is this in the
  552. 25:32afternoon of June the Objection, your
  553. 25:33honor. Misstates the evidence.
  554. 25:35Sustain.
  555. 25:41Can you tell us, sir, whether Paula
  556. 25:43Barbieri called the defendant on the
  557. 25:44date of June the 12th, 1994? Objection,
  558. 25:46lack of
  559. 25:47Overruled.
  560. 25:50He can answer the question.
  561. 25:52I'm pretty sure. It's I'm pretty sure,
  562. 25:54yes. Okay.
  563. 25:55And after that phone call, sir, did you
  564. 25:57have a conversation with the defendant
  565. 25:59about Paula? Yes.
  566. 26:01And what did he tell you about Paula?
  567. 26:04Objection, hearsay.
  568. 26:05Overruled.
  569. 26:08You can answer.
  570. 26:11Um part of the conversation was about
  571. 26:13the recital.
  572. 26:15Okay.
  573. 26:17And what did he tell you about that?
  574. 26:19Objection.
  575. 26:21Grounds.
  576. 26:22Hearsay, irrelevant. Overruled.
  577. 26:25You can answer the question.
  578. 26:27From what I remember that
  579. 26:29she wanted to go and
  580. 26:31I believe O.J. didn't want her to go
  581. 26:33kind of on his own. Okay.
  582. 26:38So, he didn't want her to go to the
  583. 26:39recital with him?
  584. 26:42At that time, yes.
  585. 26:44Did he tell you what his feelings were
  586. 26:46about Paula? Objection, lack
  587. 26:49Overruled.
  588. 26:51Answer.
  589. 26:52That he wasn't sure as far as
  590. 26:55just the one, maybe the one, maybe not
  591. 26:56the one.
  592. 26:58I'm sorry. To spend, you know, to be the
  593. 27:00one to be with.
  594. 27:04Like for life. Okay. He wasn't sure if
  595. 27:06she was the one for him?
  596. 27:08Objection, lack
  597. 27:09Sustain. Rephrase the question. Okay.
  598. 27:12Can you Can you please tell us what did
  599. 27:14the defendant say to you about his
  600. 27:15feelings about Paula?
  601. 27:17Not being sure if
  602. 27:19um Paula was going to be the one to be
  603. 27:21with.
  604. 27:24Did he tell you he was undecided about
  605. 27:26her?
  606. 27:27Objection, leading. Sustain.
  607. 27:31Did he tell you whether or not he had
  608. 27:32made a decision about whether he wanted
  609. 27:34to be with her or not?
  610. 27:35Not a decision. It was undecided. Okay.
  611. 27:46Now, did
  612. 27:47you have another phone conversation with
  613. 27:49the woman after that point on the
  614. 27:52afternoon of June the 12th?
  615. 27:54Yes. And who was that? Tracy Adele.
  616. 27:58And whose friend was that?
  617. 28:00Uh my friend.
  618. 28:03Did you speak to Tracy?
  619. 28:06Briefly. Okay.
  620. 28:08And then what did you do after you
  621. 28:09briefly spoke to Tracy?
  622. 28:12I hand phone back to O.J.
  623. 28:15And then did he speak to her? Yes.
  624. 28:17Did he make a date with her? Objection,
  625. 28:19calls for speculation.
  626. 28:21Did you hear what he said to her?
  627. 28:23I didn't hear all the words, no. I tried
  628. 28:25not to listen.
  629. 28:28Did you hear him set up a date to meet
  630. 28:29her later? Objection, leading and
  631. 28:31suggestive. Sustain.
  632. 28:37Did you hear him say What did you hear
  633. 28:38him tell her?
  634. 28:40Well, I know it was long distance. She
  635. 28:41was calling from another state. Okay.
  636. 28:45Did you hear What did you hear him say
  637. 28:46about making any plans to get together
  638. 28:48with her, if any?
  639. 28:50I'm I'm not sure of that.
  640. 28:52I know they talked and she was
  641. 28:53interested in
  642. 28:55uh business.
  643. 28:56Like being an entrepreneur.
  644. 28:59And that's
  645. 29:01was like they're talking business, so
  646. 29:03they could have gotten talked about
  647. 29:04getting together, but I'm not positive.
  648. 29:12All right. Now, at some point did you
  649. 29:13leave the house that afternoon?
  650. 29:16Yes, I did.
  651. 29:19What time did you leave the house?
  652. 29:21I probably left about 3:34 Okay. to play
  653. 29:24basketball. To play basketball?
  654. 29:26Yes, I did. And what time did you get
  655. 29:28back?
  656. 29:30Got back at about
  657. 29:336:00.
  658. 29:35Okay.
  659. 29:36And when you get got back, what did you
  660. 29:38do?
  661. 29:40I uh
  662. 29:42talked to O.J.
  663. 29:44Where were you when you talked to him?
  664. 29:46In the kitchen nook.
  665. 29:49And what time was it then?
  666. 29:51It was about
  667. 29:536:37.
  668. 29:56And uh
  669. 29:57had you been watching a game or
  670. 29:58something?
  671. 29:59Yes. What game was that?
  672. 30:00I was watching that in my room. It was
  673. 30:01the Houston and the Knicks. It was a
  674. 30:03playoff game.
  675. 30:04So you spoke to him after the game
  676. 30:05ended, did you?
  677. 30:06Yes.
  678. 30:09And how was it that you came to speak to
  679. 30:10him after the game ended? I think I
  680. 30:12heard him shout Kato.
  681. 30:15And when he did that, what did you do?
  682. 30:17Hey, talk. I was sorry. Did you leave
  683. 30:20your room? Yes. Were you in your room
  684. 30:22when you heard him call Kato? Yeah, I or
  685. 30:24I was like on the uh kind of the patio
  686. 30:26area.
  687. 30:27But I was in my room. I could have just
  688. 30:28gotten out for a bit and I heard the
  689. 30:30name.
  690. 30:34So did you go into the house when he
  691. 30:36called you? Yes.
  692. 30:38Did you talk to him? Yes.
  693. 30:40And what did you talk about?
  694. 30:42Uh about the game,
  695. 30:44about who won the game,
  696. 30:45uh the recital,
  697. 30:47um how Sydney
  698. 30:50was at the recital. Okay.
  699. 30:53And what did he say to you about uh
  700. 30:55Sydney at the recital?
  701. 30:57He said Sydney was great at the recital.
  702. 31:00And Sydney is his daughter, correct?
  703. 31:01is his daughter. Was at the dance
  704. 31:02recital.
  705. 31:03What else did he tell you?
  706. 31:06She was great uh that Nicole was there.
  707. 31:11And
  708. 31:11And and and friends.
  709. 31:13That Nicole was there with some friends?
  710. 31:15Friends.
  711. 31:17What did he tell you about Nicole?
  712. 31:21Sustained. Rephrase the question. What
  713. 31:22if anything did he tell you about
  714. 31:24Nicole?
  715. 31:26He wanted to talk with Sydney.
  716. 31:29And
  717. 31:31I don't I don't think it was the wording
  718. 31:33but Nicole wasn't going to give him time
  719. 31:34to talk to Sydney.
  720. 31:36And uh he wanted to talk to his
  721. 31:37daughter.
  722. 31:38And I think they they went off
  723. 31:39somewhere.
  724. 31:41Who went off somewhere?
  725. 31:42Uh Nicole and the kids. Okay.
  726. 31:49So what what did that have to do with
  727. 31:51Nicole? I'm not I'm not clear on that.
  728. 31:52Oh, they all Objection.
  729. 31:54Sustained. Rephrase the question.
  730. 31:57It's fine with speculation as far as
  731. 31:58this witness.
  732. 32:00Okay. I'm
  733. 32:01What I'm
  734. 32:12With the court reporter.
  735. 32:15All right. Thank you, counsel. Miss
  736. 32:16Clark, you may proceed. Thank you, Your
  737. 32:18Honor.
  738. 32:23ALL RIGHT, MR. KAELIN, WHEN YOU
  739. 32:28GET THAT QUESTION BACK.
  740. 32:42What did the defendant tell you about
  741. 32:44Nicole at the recital? What did he tell
  742. 32:47you about what transpired with Nicole
  743. 32:48and Sydney at the recital?
  744. 32:50Okay, about taking her with him about
  745. 32:51what she was wearing.
  746. 32:53What did Nicole tell What did the
  747. 32:55defendant tell you transpired, if
  748. 32:58anything,
  749. 32:59with regard to himself, Nicole, and
  750. 33:01Sydney?
  751. 33:03Okay.
  752. 33:05That OJ wanted to spend time with
  753. 33:07Sydney.
  754. 33:08And that Nicole wasn't going to give him
  755. 33:09the time to have with his daughter talk
  756. 33:11to her at the recital, so they went off.
  757. 33:14Did he tell you whether he did get to
  758. 33:16spend some time with Sydney anyway? Uh
  759. 33:18short time. Okay.
  760. 33:20What if anything did he tell you about
  761. 33:22Nicole herself at the recital?
  762. 33:24Uh about her what outfit that she had
  763. 33:26on. And what did he say about that?
  764. 33:28That
  765. 33:30they were wearing
  766. 33:31and her who she was with, that they were
  767. 33:33wearing tight outfits and wondered if
  768. 33:35they could be grandma and grandmas and
  769. 33:37wear those outfits out.
  770. 33:41Did he remark that she was wearing a
  771. 33:42tight dress that night? Objection.
  772. 33:44Leading the Sustained.
  773. 33:47What remark did he make about What if
  774. 33:49any remark did he make about what she
  775. 33:51was wearing that night?
  776. 33:52Uh that it was a a tight outfit.
  777. 33:55Yeah.
  778. 34:00Did you have some further conversation
  779. 34:01with him?
  780. 34:03Yes. And what was that?
  781. 34:07I was wondering if I could take a
  782. 34:08Jacuzzi.
  783. 34:10Okay. And did he give you permission to
  784. 34:12do that?
  785. 34:12Yes.
  786. 34:14Did you Did you talk at all about what
  787. 34:15he was going to be doing that evening?
  788. 34:17Uh yes.
  789. 34:18And what did he tell you?
  790. 34:19Uh
  791. 34:20that he was going to take a flight out.
  792. 34:23He had to pack
  793. 34:24for a trip to uh Chicago.
  794. 34:28And did he seem pleased about that? No.
  795. 34:32That he didn't like red eyes.
  796. 34:41Did he give you permission to take the
  797. 34:42Jacuzzi when you asked for it? Yes. So
  798. 34:44what did you do?
  799. 34:46I took a Jacuzzi. About what time was
  800. 34:48that?
  801. 34:51About 7:30, I'm guessing. 7:30, 7:45, I
  802. 34:55took a Jacuzzi.
  803. 34:57What time did you finish taking the
  804. 34:58Jacuzzi?
  805. 34:59About 8:30. Okay. When you got done with
  806. 35:01your Jacuzzi, what did you do?
  807. 35:03I went to my room.
  808. 35:05And what did you do there?
  809. 35:07I got on the phone.
  810. 35:09Who'd you call?
  811. 35:11A friend named uh
  812. 35:13Susan.
  813. 35:15And while you were on the phone, were
  814. 35:17you interrupted by anything?
  815. 35:20I know it was on during it but I yes, uh
  816. 35:22OJ came to the room.
  817. 35:24And did you have a conversation with
  818. 35:25him? Yes. What was the nature of that
  819. 35:27conversation? I forgot to turn off the
  820. 35:29Jacuzzi.
  821. 35:31He brought that to your attention? Yes.
  822. 35:33What did he say about that?
  823. 35:35You forgot to turn off the Jacuzzi. And
  824. 35:37what did you do?
  825. 35:38I was going to Oh, I'll turn it off but
  826. 35:40he said he turned it off already, the
  827. 35:41jets of the
  828. 35:44Jacuzzi. And when you had that
  829. 35:45conversation with him, were you still in
  830. 35:47your room or did you exit your room?
  831. 35:49Uh kind of the doorway. There's a a
  832. 35:52door. I was in the room still.
  833. 35:54He was on the
  834. 35:56out of the door, the outside.
  835. 36:01What happened next?
  836. 36:03Um I went back and I made another call.
  837. 36:08And who was it that you called at that
  838. 36:09time? A another friend, Tom.
  839. 36:13And where was he living at that time?
  840. 36:14San Diego.
  841. 36:16Do you remember exactly what time you
  842. 36:17called him?
  843. 36:19Not the exact time,
  844. 36:21but around around like 9:00. Okay. Do
  845. 36:24you remember Do you know by heart his
  846. 36:26phone number?
  847. 36:29Yes.
  848. 36:58You guys are good.
  849. 37:05Then I'll have you report this to show
  850. 37:06me, counsel.
  851. 37:07I just made sure of that and ask to mark
  852. 37:10People's 135.
  853. 37:13If you would step down, Mr. Kaelin. All
  854. 37:15right. People's 135. Thank you, Your
  855. 37:23You can see the uh
  856. 37:25What is this here, please, sir?
  857. 37:28My phone bill.
  858. 37:30And can you tell us There are the
  859. 37:32portions here highlighted
  860. 37:34indicating June the 12th. This is
  861. 37:36military time, 21:03, which is 9:03 p.m.
  862. 37:40New San Diego, California,
  863. 37:42area code 619, and the phone number that
  864. 37:44follows. Do you recognize that phone
  865. 37:45number? Yes, that's Tom's number.
  866. 37:48Indicates that the call was for 8
  867. 37:50minutes.
  868. 37:52Okay. 9:03, does that comport with your
  869. 37:55memory and help to refresh your memory
  870. 37:56exactly what time that call was placed?
  871. 37:58Yes.
  872. 38:00And And up here, does that indicate what
  873. 38:02your phone number was as of June the
  874. 38:0312th, 1994? Yes, it was.
  875. 38:09You can have a seat, sir.
  876. 38:13Thank you. All right. Do you want to Go
  877. 38:15with 14
  878. 38:161492. Yes, sir.
  879. 38:50This part. Thank you, Your Honor.
  880. 39:01All right. So you spoke to uh Tom
  881. 39:02O'Brien.
  882. 39:03Yes.
  883. 39:06And as the uh record indicated, it was
  884. 39:08about a 7-minute call.
  885. 39:11After you hung up with uh Tom O'Brien,
  886. 39:13what happened next?
  887. 39:15Um I saw OJ again.
  888. 39:19Now, were you still on the phone at that
  889. 39:21time or had you hung up? No, I was still
  890. 39:23on the phone.
  891. 39:25So the defendant came out to see you and
  892. 39:28you were still talking to Tom? Yeah, I
  893. 39:29was talking to Tom and I I hung up
  894. 39:31during the the talking to OJ.
  895. 39:33I said, "Hey, Tom, I'll I'll call you
  896. 39:35back." Okay.
  897. 39:37And what happened at that point? Did you
  898. 39:38have a conversation with the defendant?
  899. 39:40Yes.
  900. 39:41Tell us what the nature of that
  901. 39:42conversation was.
  902. 39:44It was um
  903. 39:46to get some he had $100 bills and he
  904. 39:48needed like a five for the sky cap and
  905. 39:49he asked me if I had some cash.
  906. 39:55So after he told you he only had $100
  907. 39:58bills and he needed a $5 bill for the
  908. 40:00sky cap, what did you do?
  909. 40:03I I gave him 20.
  910. 40:08You gave him a 20 Was it a $20 bill?
  911. 40:09Yes.
  912. 40:14And when you gave him the $20 bill, did
  913. 40:16you put it in his hand? Yes. Could you
  914. 40:18see both his hands?
  915. 40:21One hand for sure, but I I could see
  916. 40:22both hands, yeah. Did you notice him
  917. 40:24bleeding or cut on either hand? No.
  918. 40:30And so and what happened next?
  919. 40:33I I gave him the money
  920. 40:35and he said he was going to get
  921. 40:37hamburger and
  922. 40:38I
  923. 40:39said, "Can I go?"
  924. 40:41You invited yourself to go with him?
  925. 40:43Yes. And what was his response to that?
  926. 40:46Sure.
  927. 40:52He seemed real excited to have you come?
  928. 40:55Objection. Sustained.
  929. 40:57Wouldn't you? SUSTAINED.
  930. 41:09THIS PART.
  931. 41:10THANK YOU, RONALD.
  932. 41:15SO DID YOU GO WITH HIM, SIR? YES, I did.
  933. 41:17What was he wearing at that time?
  934. 41:21At the Best Buy America election, I
  935. 41:22thought it was a sweat outfit. Okay,
  936. 41:24what color was it? Dark color.
  937. 41:27Could you tell?
  938. 41:29It was either blue or dark blue or
  939. 41:31black.
  940. 41:33And the material did What kind of
  941. 41:34material was it?
  942. 41:38I thought it was like a cotton.
  943. 41:41Was it long-sleeved, sir? Yes.
  944. 41:46Do you remember what kind of shoes he
  945. 41:47was wearing?
  946. 41:48No.
  947. 41:56All right, when you left where did you
  948. 41:58walk through, sir?
  949. 42:00Uh we walked from the sidewalk in the
  950. 42:03back to the back door past the bar to
  951. 42:07the kitchen nook
  952. 42:08to the outside.
  953. 42:11What car did you get into? Um the
  954. 42:13Rolls-Royce.
  955. 42:16And where did And where the Rolls-Royce,
  956. 42:18when you got into it, sir, can you tell
  957. 42:19us where it was parked?
  958. 42:21In the driveway.
  959. 42:23And where was it facing? What direction,
  960. 42:25if you can tell us?
  961. 42:25The headlights would be facing the
  962. 42:27Rockingham gate.
  963. 42:57Showing you what's been marked as
  964. 42:58People's 136, sir, can you tell us if
  965. 42:59you recognize the car in the foreground
  966. 43:01of that photograph? Yes. And what is it?
  967. 43:04That's the Rolls-Royce.
  968. 43:06Look at the grill.
  969. 43:07I'm sorry? Never mind.
  970. 43:10I said, "Look at the grill." Look at the
  971. 43:11grill, it's a Bentley.
  972. 43:13Could it be a Bentley, sir?
  973. 43:15Oh, yes. Okay.
  974. 43:17Is that the position in which it was
  975. 43:19usually parked in the driveway?
  976. 43:21Yes. And the gate that you said it was
  977. 43:23facing, in that position, what gate
  978. 43:25would it be facing in this photograph?
  979. 43:27The picture's taken from the Rockingham
  980. 43:29gate.
  981. 43:30And was that the position in which it
  982. 43:31was parked when you got into it with Mr.
  983. 43:34Simpson on the date of June the 12th?
  984. 43:36Yes.
  985. 43:38Who drove the car?
  986. 43:39Uh O.J.
  987. 43:44And approximately what time was it when
  988. 43:46you left with him to go get something to
  989. 43:49eat? Approximately 9:10.
  990. 43:52About 10 minutes after 9:00 was that?
  991. 43:53Yes.
  992. 43:57What gate did you exit through?
  993. 43:59Rockingham gate.
  994. 44:02As the defendant drove, sir, were you
  995. 44:03able to see his hands?
  996. 44:05Yes. See any injury to them?
  997. 44:08No.
  998. 44:09Any bleeding from either hand? No.
  999. 44:14As you exited the Rockingham gate, did
  1000. 44:16you look to see whether there were any
  1001. 44:17other cars parked on the curb? Uh
  1002. 44:20no, I I didn't look.
  1003. 44:28All right, while you were in the car on
  1004. 44:29the way to McDonald's, did you have some
  1005. 44:31conversation with the defendant? Yes.
  1006. 44:34What was the nature of that
  1007. 44:35conversation?
  1008. 44:36Uh there was some conversation uh
  1009. 44:38about the flight
  1010. 44:40The red eye flight? what an airline
  1011. 44:44um
  1012. 44:46uh to tired
  1013. 44:49at um one point I had said, "Oh, you
  1014. 44:52should take a nap." And if there was
  1015. 44:54going to be time, he didn't think
  1016. 44:55there'd be time and I said, "Well, you
  1017. 44:56should try to take one, you look tired."
  1018. 44:58Wait, what did you say?
  1019. 44:59I said, "You should take a nap." I said,
  1020. 45:01"Do you have time to take a nap?" And
  1021. 45:03what did the defendant say? That he
  1022. 45:04probably wouldn't have time to. He
  1023. 45:06probably would not have time to? And
  1024. 45:07then I said, "You should try to."
  1025. 45:11Okay.
  1026. 45:12And did he make any response to that?
  1027. 45:14No, no response.
  1028. 45:18Did you have any conversation that
  1029. 45:20caused you to notice the clock in the
  1030. 45:22car?
  1031. 45:23Yes. And what was the nature of that
  1032. 45:24conversation? That was what directed me
  1033. 45:27to the time about taking time for a nap.
  1034. 45:29Okay, so when he indicated when the uh
  1035. 45:31Excuse me, sir. Oh.
  1036. 45:32At 26th and San Vicente.
  1037. 45:35That was when you were gotten to 26th
  1038. 45:37and San Vicente?
  1039. 45:38Yes. So when the defendant said he
  1040. 45:40didn't think he had time to take a nap,
  1041. 45:41you looked at the clock? Yes, and there
  1042. 45:43was a stoplight. I remember a stoplight.
  1043. 45:45And what time was it when you were at
  1044. 45:4625th 26th and San Vicente? It was like
  1045. 45:499:15 9:18 on the clock of the car. 9:15
  1046. 45:52and 9:18, it looked like it was right
  1047. 45:55past the
  1048. 45:57Okay.
  1049. 45:58Was this a digital clock?
  1050. 46:00No, it was a
  1051. 46:03numbered clock. What I mean.
  1052. 46:06Numerals.
  1053. 46:08Like digital would be that, too, but you
  1054. 46:09know what I'm saying. I do.
  1055. 46:11Analog. Analog.
  1056. 46:16And so you you looked at the clock, you
  1057. 46:18saw it was 9:15 to 9:18 and how long
  1058. 46:20after that did you get Was it before you
  1059. 46:22got to McDonald's?
  1060. 46:25I think
  1061. 46:27six minutes or so.
  1062. 46:30So
  1063. 46:31you got to McDonald's at approximately
  1064. 46:33what time?
  1065. 46:359:00
  1066. 46:38like 9:22.
  1067. 46:41And did you go into the into the
  1068. 46:42McDonald's or did you do drive-thru?
  1069. 46:44Drive-thru.
  1070. 46:50And that McDonald's is located where?
  1071. 46:52I'm pretty sure it's on Santa Monica
  1072. 46:54across from a
  1073. 46:56a Carl's Jr., I remember.
  1074. 46:58That's Santa Monica Boulevard?
  1075. 47:01Yes.
  1076. 47:03Now you went to when you drove up to the
  1077. 47:05drive-thru window
  1078. 47:08who paid for the food?
  1079. 47:10I I paid, but O.J. gave him the money.
  1080. 47:13Okay, so now you had already given him
  1081. 47:15$20, is that right? Yes. So you pulled
  1082. 47:17out another 20 to pay for the food?
  1083. 47:19Yes.
  1084. 47:22Did he ask you to do that? No.
  1085. 47:24You just did it.
  1086. 47:25Yes. All right, when he paid for the
  1087. 47:27food,
  1088. 47:28after paying for it, did he then
  1089. 47:31give you any change back? Yes.
  1090. 47:34Did you notice his hands as he paid for
  1091. 47:36the food and gave you your change?
  1092. 47:38Yes. See any injury to the either hand?
  1093. 47:41No.
  1094. 47:44Approximately what time was it when you
  1095. 47:45got your food?
  1096. 47:48Um 9:25
  1097. 47:519:26.
  1098. 48:01All right. Now as the defendant drove
  1099. 48:04home, what was he doing?
  1100. 48:06Eating the food.
  1101. 48:08So he ate and drove at the same time?
  1102. 48:12Yeah, but he finished pretty fast. I
  1103. 48:13mean, it wasn't
  1104. 48:15Yeah, he ate and drove.
  1105. 48:18And did you eat at the same time while
  1106. 48:20you were in the car?
  1107. 48:21No.
  1108. 48:23Few
  1109. 48:23french fries.
  1110. 48:25So as he ate
  1111. 48:27with one hand, he drove with the other,
  1112. 48:28is that right? Yes.
  1113. 48:32Were you able to see his hands?
  1114. 48:33Yes. See any injury to the either hand?
  1115. 48:36No.
  1116. 48:36About what time was it when you got
  1117. 48:38home?
  1118. 48:39It's about 9:40.
  1119. 48:44Do you recall whether
  1120. 48:46you entered the property at 360
  1121. 48:49Rockingham through the Rock Rockingham
  1122. 48:51or Ashford gate? I'm sure pretty sure it
  1123. 48:53was Ashford gate.
  1124. 48:55When the car when he parked the car, can
  1125. 48:58you tell us, sir
  1126. 49:00in what position he parked the car when
  1127. 49:01you returned? Uh this same as the the
  1128. 49:04picture.
  1129. 49:06And when you say the picture, you mean
  1130. 49:08People's 136 on the screen now? Yes.
  1131. 49:14Do you remember how the gate on Ashford
  1132. 49:16opened when you went inside?
  1133. 49:19I don't, but it just opened. I wasn't
  1134. 49:22aware. It just
  1135. 49:24wasn't something I looked for. Did you
  1136. 49:25look to see whether there were any cars
  1137. 49:27parked on the at the curb of the Ashford
  1138. 49:31gate?
  1139. 49:32I didn't look.
  1140. 49:35Can you tell us, sir
  1141. 49:38whether the defendant owned any other
  1142. 49:39car besides the Bentley and the uh
  1143. 49:42Testarossa you identified in earlier
  1144. 49:44photographs? Yes. And what was that? A
  1145. 49:47Ford Bronco. Color? White.
  1146. 49:50Can you tell us where he normally parked
  1147. 49:51it?
  1148. 49:53Usually on Ashford. By the gate?
  1149. 49:57On the street.
  1150. 49:58By I mean near the gate on the street.
  1151. 50:00Near the gate.
  1152. 50:03When you first moved into the property
  1153. 50:05in January of 1994, do you recall seeing
  1154. 50:07it
  1155. 50:08uh parked in that location from the
  1156. 50:10first time you moved in? Objection,
  1157. 50:12leading. Sustained.
  1158. 50:15When do you first recall seeing the uh
  1159. 50:18white Ford Bronco parked near the
  1160. 50:19Ashford gate on the street?
  1161. 50:22Uh usually on Ashford. Yeah.
  1162. 50:24Yes.
  1163. 50:24When was the first time you noticed
  1164. 50:25that?
  1165. 50:27I The exact date I I don't know.
  1166. 50:29Probably January.
  1167. 50:31And It was there.
  1168. 50:32January of '94?
  1169. 50:34And is that when you moved into
  1170. 50:35Rockingham?
  1171. 50:36Yes.
  1172. 50:39I'd ask if you mark People's 137.
  1173. 50:42All right, People's 137.
  1174. 50:48Look at your monitor, sir.
  1175. 50:50Mr. Kaelin, you can look at your
  1176. 50:51monitor.
  1177. 50:54You see the car that's shown in People's
  1178. 50:55137?
  1179. 50:56Yes.
  1180. 50:58Do you recognize that car? Yes, I do.
  1181. 51:01What is it? Uh it's the O.J.'s uh Ford
  1182. 51:04white Bronco.
  1183. 51:06The one that you were discussing
  1184. 51:07earlier? Yes.
  1185. 51:10Who drove that car, sir?
  1186. 51:12Um O.J. and sometimes uh Gigi to the
  1187. 51:15store.
  1188. 51:17Anybody else? No.
  1189. 51:21That that I knew of, no. How often did
  1190. 51:23Gigi ever drive it?
  1191. 51:25Sometimes she would take it to the store
  1192. 51:27if she needed to do an errand, she would
  1193. 51:29take it. Okay.
  1194. 51:30Otherwise, it was the defendant? Yes.
  1195. 51:43All right, when you got back to
  1196. 51:48when you got back to Rockingham,
  1197. 51:50uh defendant parked the car in the
  1198. 51:52location you indicated on People's 136.
  1199. 51:57Can you tell us, sir, what happened
  1200. 51:58next?
  1201. 52:00After McDonald's Yes.
  1202. 52:02Um I got out of the car.
  1203. 52:05And I had my food.
  1204. 52:07And I walked towards the kitchen.
  1205. 52:10And I thought I was kind of inviting
  1206. 52:11myself, so I turned and I went to my
  1207. 52:13room. Okay. So, you you were carrying
  1208. 52:15your food, sir? Yes.
  1209. 52:17And you say you walked toward the
  1210. 52:18kitchen.
  1211. 52:19Were you inside the house already?
  1212. 52:21No, no. You walked towards that door?
  1213. 52:23Towards the door.
  1214. 52:25And were you intending to go inside the
  1215. 52:26house?
  1216. 52:27I was
  1217. 52:29thinking about, you know, I was going to
  1218. 52:30do it and I didn't do it.
  1219. 52:34Yeah, cuz I thought I should eat in my
  1220. 52:35room.
  1221. 52:36I was going to go into the kitchen area,
  1222. 52:38but I thought I'm just kind of inviting
  1223. 52:39myself. I should probably go to my room.
  1224. 52:41Okay, so you thought you were going to
  1225. 52:43have your dinner with the defendant
  1226. 52:44inside the house?
  1227. 52:46Well, yes. Okay. And when you got to the
  1228. 52:49um exterior part of the house in front
  1229. 52:51of the kitchen
  1230. 53:02You stopped at that point?
  1231. 53:04Yes.
  1232. 53:05Your Honor, I have photograph uh asked
  1233. 53:06to be marked People's 138 to be shown to
  1234. 53:08counsel.
  1235. 53:16Do you see the location you're talking
  1236. 53:18about when you said you walked toward
  1237. 53:20the kitchen area? Yes.
  1238. 53:23I'm going to use my uh the laser light.
  1239. 53:25Ask that you direct it if you can see
  1240. 53:27the screen, sir.
  1241. 53:29See the light? Yes, I do. Okay, tell him
  1242. 53:31tell it where to go.
  1243. 53:33Okay, go up
  1244. 53:35to the right.
  1245. 53:36To the right more.
  1246. 53:38Up.
  1247. 53:39And go about 2 inches to the right.
  1248. 53:42And that's the door. All right, that
  1249. 53:44location right there?
  1250. 53:45Yes.
  1251. 53:46Can we mark that with a telestrator?
  1252. 53:48Okay, I'm going to ask if that area be
  1253. 53:49marked with a telestrator.
  1254. 53:53Make sure it's correct.
  1255. 53:57That right?
  1256. 53:58Correct. Yes, that's the door.
  1257. 54:00Thank you.
  1258. 54:01We ask that this be marked People's
  1259. 54:02138A. 138A. Thank you, Your Honor.
  1260. 54:08When you got to that location, what did
  1261. 54:10you do?
  1262. 54:12When I got to the door Yes.
  1263. 54:13I turned. Okay, and what did you see? Um
  1264. 54:16O.J.
  1265. 54:17And where was he? At the driver's side
  1266. 54:20door of the Rolls.
  1267. 54:24Did you say anything to him? No.
  1268. 54:27What did you do?
  1269. 54:30I looked and said, "I'll eat in my
  1270. 54:32room."
  1271. 54:34And what did you do then?
  1272. 54:36I took off to my room to eat through the
  1273. 54:39path.
  1274. 54:40Through through the path to my room. Did
  1275. 54:42he make any response to you when you
  1276. 54:43said, "I'll eat in my room"? Oh, no,
  1277. 54:45that was in my mind, "I'll eat in my
  1278. 54:46room." You didn't say that out loud?
  1279. 54:47No, no, in my head I was going, "I'll
  1280. 54:49eat in my room." Okay. Sorry.
  1281. 54:51Did he say anything to you?
  1282. 54:53No. Did you say anything to him? No.
  1283. 54:56So, after the car was parked
  1284. 54:59and you got out and walked to the
  1285. 55:00kitchen door, did you have any
  1286. 55:01conversation with Mr. Simpson? No.
  1287. 55:03And he said nothing to you? No.
  1288. 55:06Okay, when you say you walked through
  1289. 55:07that path
  1290. 55:08you talking about the path uh Describe
  1291. 55:11for us the path you're talking about. I
  1292. 55:13Part of it's on the picture. Mhm.
  1293. 55:15That's the driveway you can see where
  1294. 55:17the path goes and it comes around by the
  1295. 55:19um the hedges here that you can barely
  1296. 55:22see it in the shot, but that's the path.
  1297. 55:37People's next in order 139, Your Honor,
  1298. 55:39photograph to be shown to counsel.
  1299. 55:48Can you see the beginning of the path in
  1300. 55:50this photograph, sir? Yes.
  1301. 55:52Can you indicate to us where it is?
  1302. 55:54Yeah, right where the right angle is,
  1303. 55:55right there is the the path. Okay.
  1304. 55:58Going to ask that it be marked with a
  1305. 55:59telestrator.
  1306. 56:05Yes.
  1307. 56:08Is that it? Yes, that's the path. Mark
  1308. 56:10People's 139A. 139A. Thank you, Your
  1309. 56:16You print.
  1310. 56:20What happened next?
  1311. 56:23Okay, so I I took the food and I walked
  1312. 56:25on the path to my room.
  1313. 56:28And I I started eating the food and I
  1314. 56:29made a phone call.
  1315. 56:31Now, did you make that phone call
  1316. 56:32immediately when you got back to your
  1317. 56:34room or did you do a couple things
  1318. 56:35first? Do you remember?
  1319. 56:36Pretty pretty much uh right away I did.
  1320. 56:38I made it
  1321. 56:40you know, within a minute, I think.
  1322. 56:42It was pretty quick.
  1323. 56:44Pretty sure.
  1324. 56:46So, you
  1325. 56:48after you walked back to your room
  1326. 56:50you uh entered within a minute, you made
  1327. 56:52a phone call? Yeah. Who did you call? I
  1328. 56:54called Tom again.
  1329. 56:55The same Tom that you called earlier
  1330. 56:57before you left for McDonald's?
  1331. 56:58Right, cuz Tom had called me back and I
  1332. 56:59called him back.
  1333. 57:01And do you recall exactly what time it
  1334. 57:03was that you called him?
  1335. 57:06It was about
  1336. 57:07after we got back, 9:40, 9:45.
  1337. 57:13And would it refresh your recollection
  1338. 57:15as to the exact time you called him
  1339. 57:17you saw your phone bill?
  1340. 57:19Yes.
  1341. 57:37Mr. Kaelin, if you could uh
  1342. 57:40I'm going to show you first. Okay.
  1343. 57:43Okay. That's second entry? Yes.
  1344. 57:45All right.
  1345. 57:46Just look at that for a minute.
  1346. 57:53Okay, you already described the first
  1347. 57:54entry on June the 12th here at 9:03,
  1348. 57:56that first call you made to Tom in San
  1349. 57:58Diego.
  1350. 57:59You see below that on June the 12th at
  1351. 58:019:37, indicated in military time as
  1352. 58:0321:37 you 9:37 p.m. a call to San Diego
  1353. 58:08area code 619? Yes. And again, does that
  1354. 58:10appear to be the same phone number that
  1355. 58:12you called
  1356. 58:13uh some minutes earlier that night?
  1357. 58:15Yes.
  1358. 58:16And that call lasted for approximately
  1359. 58:18this second call lasted for
  1360. 58:19approximately 7 minutes.
  1361. 58:21Does that comport with your memory of
  1362. 58:23the time and the duration of the call
  1363. 58:25you made to Tom?
  1364. 58:25Yes.
  1365. 58:26Now, that call
  1366. 58:28that you made at 9:37
  1367. 58:31how long was that made after you saw the
  1368. 58:33defendant standing at his car?
  1369. 58:36I
  1370. 58:37pretty
  1371. 58:38quickly cuz I was eating my food, I
  1372. 58:39think, on the phone, so right after.
  1373. 58:42Right after I Yeah, within a minute.
  1374. 58:44Minute to two.
  1375. 58:45A minute to 2 minutes?
  1376. 58:47Is that a yes?
  1377. 58:48Yes, so it's yes.
  1378. 58:51All right, for the record, the witness
  1379. 58:53and counsel were referring to
  1380. 58:55the board People's 135. Thank you, Your
  1381. 58:57Honor.
  1382. 58:58Um perhaps now if I could um let the
  1383. 59:00jury see it.
  1384. 1:00:03Thanks, Dana.
  1385. 1:00:04After you completed that phone call to
  1386. 1:00:06Tom
  1387. 1:00:09possibly 9:44 then, what happened next?
  1388. 1:00:14I wanted to uh
  1389. 1:00:16type up some um
  1390. 1:00:18like resumes.
  1391. 1:00:20And there was that it's an office area
  1392. 1:00:22with a typewriter.
  1393. 1:00:24That office area that you described was
  1394. 1:00:25a part of the area you lived in? Yes.
  1395. 1:00:29And what did you do in that regard?
  1396. 1:00:31Well, this typewriter and I uh
  1397. 1:00:34got the paper and I plugged it in and it
  1398. 1:00:36made a noise.
  1399. 1:00:38But it wasn't working, so I tried other
  1400. 1:00:39outlets and then then it wasn't making a
  1401. 1:00:41noise anymore and I tried outlet after
  1402. 1:00:43outlet.
  1403. 1:00:44And I
  1404. 1:00:45kind of gave up. Okay, and how long
  1405. 1:00:47period of time did you do that?
  1406. 1:00:50For like
  1407. 1:00:51after finding everything about 15 to 20
  1408. 1:00:53minutes. Okay.
  1409. 1:00:55So,
  1410. 1:00:56can you tell us approximately what time
  1411. 1:00:57it was when you gave up on the
  1412. 1:00:59typewriter?
  1413. 1:01:00I like about
  1414. 1:01:0210:10 or so.
  1415. 1:01:06And what did you do then?
  1416. 1:01:08I I I made a phone call.
  1417. 1:01:11And what and what phone call who'd you
  1418. 1:01:14call? Uh another friend uh Rachel.
  1419. 1:01:17Rachel what? Rachel Ferraro.
  1420. 1:01:22What time was it approximately when you
  1421. 1:01:23placed that call, sir?
  1422. 1:01:26About like 10:10.
  1423. 1:01:29Now, at the time you made that that call
  1424. 1:01:31to Rachel Ferraro, can you tell us was
  1425. 1:01:33the lights on in your bedroom? In my
  1426. 1:01:35bedroom? Yes. Yes.
  1427. 1:01:42There is a um
  1428. 1:01:45You indicated there's a bathroom that's
  1429. 1:01:46attached as part of your living
  1430. 1:01:47quarters, right? Yes.
  1431. 1:02:09Let me show you photograph that's been
  1432. 1:02:10previously marked as one People's 129B.
  1433. 1:02:25Excuse me.
  1434. 1:02:33Do you see the area that you earlier
  1435. 1:02:35indicated was the bathroom?
  1436. 1:02:37Yes, I do.
  1437. 1:02:38Does that area have a window? Yes, it
  1438. 1:02:41does. And where does that window face?
  1439. 1:02:44Uh
  1440. 1:02:45south.
  1441. 1:02:47South? The
  1442. 1:02:48It would face the the back area to the
  1443. 1:02:50neighbors.
  1444. 1:02:52And when you say south, is there a
  1445. 1:02:53pathway that runs
  1446. 1:02:55alongside that wall?
  1447. 1:02:57Yes.
  1448. 1:03:01And that south pathway does it
  1449. 1:03:04is that the border or the end of the
  1450. 1:03:06property?
  1451. 1:03:07Yes.
  1452. 1:03:08To the south of that walkway, is there
  1453. 1:03:10any kind of fence? Yes.
  1454. 1:03:14And what kind of fence?
  1455. 1:03:17I'm pretty sure it's um
  1456. 1:03:18iron.
  1457. 1:03:20Iron fence.
  1458. 1:03:43Let me show you photograph that's been
  1459. 1:03:44previously marked as 68A.
  1460. 1:03:49Okay, do you recognize the location
  1461. 1:03:50shown there? Yes.
  1462. 1:03:52Tell us what it is. Okay, that would be
  1463. 1:03:53the the back of uh
  1464. 1:03:55the room of my room and that's the uh
  1465. 1:03:57neighbor's yard on the right of the
  1466. 1:03:59fence and that's the pathway the
  1467. 1:04:01walkway. Do you see something jutting
  1468. 1:04:03out over the walkway, sir, that jutting
  1469. 1:04:05out of the wall? Yes, I do. What is
  1470. 1:04:07that? That's an air conditioner.
  1471. 1:04:09And what where does the front of that
  1472. 1:04:10air conditioner go? In my room.
  1473. 1:04:14Now, when you say that's the wall of
  1474. 1:04:16your the outside wall of your room, I'm
  1475. 1:04:19going to ask that
  1476. 1:04:21I'm going to ask you to direct the arrow
  1477. 1:04:25to point to what wall you're talking
  1478. 1:04:27about.
  1479. 1:04:29Okay, um
  1480. 1:04:31it's it's real dark from where I'm
  1481. 1:04:33sitting. I can't but I looks like it's
  1482. 1:04:35the pathway's there. I can tell that's
  1483. 1:04:37and that's the arrow's on the wall.
  1484. 1:04:41Okay, keep
  1485. 1:04:43Tell the arrow tell the tell the arrow.
  1486. 1:04:45To go where to the air conditioner or
  1487. 1:04:47just to the wall?
  1488. 1:04:48Okay, just if you go right you're on
  1489. 1:04:50Okay, go to the air conditioner with the
  1490. 1:04:52arrow. Okay, that's the the wall.
  1491. 1:04:54You're on the wall. Okay.
  1492. 1:04:56And
  1493. 1:04:58where does your wall end?
  1494. 1:05:03Well, there I can't tell from that shot
  1495. 1:05:04where it ends. There's an office that
  1496. 1:05:06leads to the main house. Okay. But that
  1497. 1:05:08is the wall that is the outside of your
  1498. 1:05:10room, sir?
  1499. 1:05:10Yes, it is.
  1500. 1:05:13Could that be 68B? It can be 68B1.
  1501. 1:05:1968B1.
  1502. 1:05:20Noted.
  1503. 1:05:22A1. A1.
  1504. 1:05:24Once Excuse me. People's 68A1.
  1505. 1:05:28Thank you.
  1506. 1:05:33Now, that wall, sir, that the arrow is
  1507. 1:05:35pointing to, is that wall the outside of
  1508. 1:05:39the wall that your bed would be placed
  1509. 1:05:41against? Yes.
  1510. 1:05:57Now, we were talking earlier about the
  1511. 1:05:59window that's inside the bathroom of
  1512. 1:06:01your residence.
  1513. 1:06:03Can you see out
  1514. 1:06:05Can you when you look out that window,
  1515. 1:06:07sir, are you able to see
  1516. 1:06:09uh the area that would be to the right
  1517. 1:06:11of the air conditioner of the south
  1518. 1:06:13pathway?
  1519. 1:06:14Not really. How much of a view of the
  1520. 1:06:16south pathway can you get from that
  1521. 1:06:18bathroom window?
  1522. 1:06:20You can you can see out just
  1523. 1:06:23in front of you.
  1524. 1:06:25So, you can't see to the right or the
  1525. 1:06:26left? Well, I guess if you if you if you
  1526. 1:06:29wanted to like stick your head or
  1527. 1:06:31something out.
  1528. 1:06:32But the the window itself you you can't.
  1529. 1:06:34It's a
  1530. 1:06:36I'm sorry.
  1531. 1:06:36turn crank handle and it's the window
  1532. 1:06:38goes like that, so
  1533. 1:06:39you can't if it's blocks if it turns you
  1534. 1:06:41can't really see to the right because it
  1535. 1:06:44blocks things. Okay.
  1536. 1:06:46So, the the window opens out from left
  1537. 1:06:48to right?
  1538. 1:06:52Yeah, it does.
  1539. 1:06:54And can you crank it all the way to the
  1540. 1:06:56right so that it would go flush against
  1541. 1:06:58the uh
  1542. 1:06:59I don't think so. I don't think you can.
  1543. 1:07:03While you were talking to Rachel on the
  1544. 1:07:04phone, where were you in your room?
  1545. 1:07:07I was leaning against the bed. Okay.
  1546. 1:07:09Look at your monitor, sir.
  1547. 1:07:11When you say you were leaning against
  1548. 1:07:13the bed
  1549. 1:07:14Okay, you see
  1550. 1:07:16the bed? Yes.
  1551. 1:07:18There's a the headboard? Yes. Okay,
  1552. 1:07:20right there kind of So, take the arrow
  1553. 1:07:22go straight ahead.
  1554. 1:07:25Right there.
  1555. 1:07:26Was your back up against that headboard?
  1556. 1:07:28Yes.
  1557. 1:07:32People's
  1558. 1:07:36All right, Miss Clark, you have much
  1559. 1:07:37more with this exhibit I need to change
  1560. 1:07:38court reporters.
  1561. 1:07:40Uh I think I do.
  1562. 1:07:42So, All right.
  1563. 1:07:44Miss could this be marked People's
  1564. 1:07:45129B1, Your Honor? 129B1.
  1565. 1:07:48All right, ladies and gentlemen, we're
  1566. 1:07:49going to take our morning recess. Please
  1567. 1:07:51remember my admonitions to you. Don't
  1568. 1:07:53discuss the case amongst yourselves or
  1569. 1:07:54form any opinions about the case.
  1570. 1:07:56Don't allow anybody to communicate with
  1571. 1:07:58you. Do not conduct any deliberations
  1572. 1:07:59until the matter has been submitted to
  1573. 1:08:01you. Uh Mr. Kaylan, this is a 15-minute
  1574. 1:08:03recess. You are to return in 15 minutes.
  1575. 1:08:05All right, we'll stand in recess. Thank
  1576. 1:08:06you.
  1577. 1:08:07We've been rejoined by all the members
  1578. 1:08:09of our jury panel. Mr. Brian Kaylan is
  1579. 1:08:11on the witness stand
  1580. 1:08:13under direct examination by Miss Clark.
  1581. 1:08:15Good morning again, Mr. Kaylan.
  1582. 1:08:16Morning. You're reminded you're still
  1583. 1:08:17under oath, sir. Miss Clark, you may
  1584. 1:08:19continue. Thank you, Your Honor.
  1585. 1:08:29All right, you indicated that you
  1586. 1:08:32placed a phone call to Rachel Ferraro at
  1587. 1:08:34about 10:10 p.m. Yes. And then during
  1588. 1:08:37that phone call, you were seated on the
  1589. 1:08:39bed with your back up against that
  1590. 1:08:40headboard. Yes.
  1591. 1:08:42During that phone call, sir, did
  1592. 1:08:43something unusual occur?
  1593. 1:08:45Yes. And what was that? I I heard a
  1594. 1:08:48thumping noise.
  1595. 1:08:50How many thumps did you hear? Objection.
  1596. 1:08:52Leading. Overruled.
  1597. 1:08:55It's
  1598. 1:08:56Sorry. Yes. Three.
  1599. 1:08:58Can you demonstrate for us how loud it
  1600. 1:08:59was?
  1601. 1:09:01Somewhat, yes. Go ahead.
  1602. 1:09:04Here. Yeah, go ahead.
  1603. 1:09:09And where did that noise seem to be
  1604. 1:09:10coming from?
  1605. 1:09:11From the back of the wall.
  1606. 1:09:13From behind you where you were sitting?
  1607. 1:09:15Right, from behind the wall from where I
  1608. 1:09:16was sitting.
  1609. 1:09:19Did you notice anything occur in your
  1610. 1:09:21room as a result of those thumps on the
  1611. 1:09:23wall? Yes. What? There's a picture that
  1612. 1:09:26moved.
  1613. 1:09:28And where is that picture, sir? It's not
  1614. 1:09:30in the shot. Can you tell us,
  1615. 1:09:32give us some idea? Do you want me to
  1616. 1:09:34arrow to move? No, that arrow can stay
  1617. 1:09:36there. Okay, it would be See this
  1618. 1:09:39um
  1619. 1:09:40cap not cap um
  1620. 1:09:42next to the bed,
  1621. 1:09:44the the dresser.
  1622. 1:09:47Yes.
  1623. 1:09:47If you would write go straight above it
  1624. 1:09:50by the headboard.
  1625. 1:09:51It's right above that.
  1626. 1:09:53On the uh
  1627. 1:09:58All right, let me uh
  1628. 1:10:01show a photograph to counsel for a
  1629. 1:10:03moment.
  1630. 1:10:19All right, I have a photograph to show
  1631. 1:10:20the counsel next in order people's 140.
  1632. 1:10:24People's 140.
  1633. 1:10:29Showing you people's 140, sir. Can you
  1634. 1:10:31please look at your monitor?
  1635. 1:10:34Yes.
  1636. 1:10:35Can you tell us if you see the location
  1637. 1:10:36where the picture was? Yeah, the
  1638. 1:10:38picture's right there.
  1639. 1:10:39It's uh
  1640. 1:10:40Was that the picture that was on your
  1641. 1:10:42wall on the uh night of June the 12th? I
  1642. 1:10:44think that's the same picture. And was
  1643. 1:10:46it in that location? Yes.
  1644. 1:10:49Okay, and for the record, the witness is
  1645. 1:10:50gesturing there's only uh one picture on
  1646. 1:10:52his bedroom wall.
  1647. 1:10:54Right.
  1648. 1:10:56And what happened with that picture when
  1649. 1:10:58the thumps occurred?
  1650. 1:10:59Uh the picture tilted
  1651. 1:11:03um from uh
  1652. 1:11:06would be right to left.
  1653. 1:11:08That
  1654. 1:11:09The picture moved?
  1655. 1:11:10Yes, it did.
  1656. 1:11:12At that point that you heard the thumps
  1657. 1:11:13on the wall, sir, approximately how long
  1658. 1:11:15had you been on the phone with Rachel
  1659. 1:11:16Ferraro?
  1660. 1:11:19Uh about a half hour.
  1661. 1:11:22And so approximately what time was it
  1662. 1:11:24when you heard the thumps on the wall?
  1663. 1:11:28At about
  1664. 1:11:2910:40.
  1665. 1:11:33Is that exact, 10:40?
  1666. 1:11:36Well, what I remember I didn't look at
  1667. 1:11:37the clock, but about 10:40.
  1668. 1:11:40Do you recall previously testifying that
  1669. 1:11:42it was 10:40 to 10:45?
  1670. 1:11:46Yes.
  1671. 1:11:47And is that correct? Yes.
  1672. 1:11:53So at approximately 10:40 to 10:45
  1673. 1:11:56five, excuse me, sir, when you heard the
  1674. 1:11:57thumps
  1675. 1:11:59and you saw the picture move, what did
  1676. 1:12:01you do?
  1677. 1:12:03Well, I was on the phone still and I was
  1678. 1:12:05talking to Rachel and I thought I said
  1679. 1:12:07to Rachel if I asked her I said, "Do we
  1680. 1:12:08just have an earthquake?"
  1681. 1:12:12Do those thumps alarm you, sir?
  1682. 1:12:14After she said we didn't have one, yes.
  1683. 1:12:18And why were you alarmed? Well, if it
  1684. 1:12:20wasn't that, then I thought there was,
  1685. 1:12:22you know, someone back there.
  1686. 1:12:25Someone back there and where would there
  1687. 1:12:26be? There is behind the wall
  1688. 1:12:29on the uh path
  1689. 1:12:31that we showed before.
  1690. 1:12:43And that path um
  1691. 1:12:44that we showed before, that's the south
  1692. 1:12:46pathway that runs along the outside of
  1693. 1:12:48your exterior wall? Yes.
  1694. 1:12:54Is that the pathway you're referring to?
  1695. 1:12:55Yes, it is. That you thought someone was
  1696. 1:12:57on when you heard the thumps? Yes.
  1697. 1:13:09Now, if you would, sir, I'll go back to
  1698. 1:13:10the interior.
  1699. 1:13:19Air conditioner you've earlier
  1700. 1:13:20identified, sir. Yes, it is.
  1701. 1:13:22At the back of the one that's in that
  1702. 1:13:23goes into your room.
  1703. 1:13:30Showing you people's
  1704. 1:13:32129B.
  1705. 1:13:34Can you tell us where on this photograph
  1706. 1:13:36your air conditioner is? Um right in
  1707. 1:13:39front of that lamp.
  1708. 1:13:40On the
  1709. 1:13:41right side of the bed.
  1710. 1:13:44For the record, the witness is pointing
  1711. 1:13:45to uh standing lamp
  1712. 1:13:48that would be um as you face the bed to
  1713. 1:13:50the left side of the bed and it's that
  1714. 1:13:53graded area
  1715. 1:13:55right above the lamp.
  1716. 1:13:57Yes, it is.
  1717. 1:14:00Where in relationship to that air
  1718. 1:14:01conditioner did you hear the sound of
  1719. 1:14:03the thumps?
  1720. 1:14:06The the thumps came from behind the
  1721. 1:14:08wall. Exactly where I don't know, but I
  1722. 1:14:10know it was behind the wall within a you
  1723. 1:14:12know, a few feet of the air conditioner.
  1724. 1:14:14Okay.
  1725. 1:14:16And is that uh
  1726. 1:14:17are those Is that wall covering is that
  1727. 1:14:19wood paneling or is that wallpaper?
  1728. 1:14:21That's wood.
  1729. 1:14:34All right, when Rachel told you that it
  1730. 1:14:36was not an earthquake you became alarmed
  1731. 1:14:38thinking someone was back there. What
  1732. 1:14:39happened next?
  1733. 1:14:41Well, I was on the phone with her and I
  1734. 1:14:42told her that I was going to check on
  1735. 1:14:44it.
  1736. 1:14:48And what How long did you speak to her
  1737. 1:14:51after you heard the thumps on the wall?
  1738. 1:14:56You know, two to three minutes.
  1739. 1:15:00And when you said you were going to go
  1740. 1:15:02and check on it, what did you intend to
  1741. 1:15:03do?
  1742. 1:15:04Well, that
  1743. 1:15:06See the dresser right there next to the
  1744. 1:15:07bed? On the top drawer I have like a
  1745. 1:15:09little light flashlight.
  1746. 1:15:11I was going to take that light and
  1747. 1:15:14look behind there.
  1748. 1:15:16Look behind where?
  1749. 1:15:17Behind the patch the path. The path that
  1750. 1:15:19you've earlier identified? Yes.
  1751. 1:15:23How did you feel about going back there
  1752. 1:15:25onto that little pathway?
  1753. 1:15:28Scared. Why?
  1754. 1:15:32Cuz there could be someone back there
  1755. 1:15:33and
  1756. 1:15:35I just had a little flashlight. Okay.
  1757. 1:15:37And what was that pathway like? Well,
  1758. 1:15:39it's dark
  1759. 1:15:40and there's leaves.
  1760. 1:15:43It's very narrow.
  1761. 1:15:51How well lit it was You said it was
  1762. 1:15:52dark? Yes.
  1763. 1:15:54And you had What was the size of that
  1764. 1:15:56flashlight you had?
  1765. 1:15:59This size.
  1766. 1:16:01It was a little you know, thicker
  1767. 1:16:02around, but it was about that same
  1768. 1:16:05length. Okay.
  1769. 1:16:06For the record, the witness is holding
  1770. 1:16:07up a pen.
  1771. 1:16:09Yes.
  1772. 1:16:15All right, you did not go to look
  1773. 1:16:17through the bathroom window. No.
  1774. 1:16:20Your intention was to go around to that
  1775. 1:16:21south pathway? Yes.
  1776. 1:16:26Did it even occur to you to look through
  1777. 1:16:27the bathroom window?
  1778. 1:16:29Well, we'll
  1779. 1:16:31You can answer.
  1780. 1:16:32No, it never did.
  1781. 1:16:35All right, so you told Rachel that you
  1782. 1:16:37were going to go back there and check
  1783. 1:16:38out the noise. Yes. And what did you do
  1784. 1:16:40next?
  1785. 1:16:41Okay, I hung up the phone
  1786. 1:16:43and I got the flashlight and I walked
  1787. 1:16:45the pathway, the the front pathway
  1788. 1:16:49out of my front door
  1789. 1:16:50to the driveway.
  1790. 1:16:53Okay.
  1791. 1:16:56Now, when you went to the driveway
  1792. 1:17:00uh you said you took a pathway
  1793. 1:17:02and that pathway led you through what?
  1794. 1:17:05You go by the pool
  1795. 1:17:07and when you go by the pool you go to
  1796. 1:17:08the side of the house, the the side that
  1797. 1:17:10would face Ashford
  1798. 1:17:12and then you go and you hit the
  1799. 1:17:13driveway.
  1800. 1:17:26Can I ask you to indicate on people's 66
  1801. 1:17:28the path that you took?
  1802. 1:17:30Okay. From your room.
  1803. 1:17:38All right, you can step down, Mr. Kelly.
  1804. 1:17:56All right, if you would, please on
  1805. 1:17:58people's 66 please indicate the path
  1806. 1:18:00that you took. Okay.
  1807. 1:18:02I came out of the doors
  1808. 1:18:03steps up
  1809. 1:18:05there
  1810. 1:18:07and this is the path.
  1811. 1:18:09For the record, the witness is tracing
  1812. 1:18:11the pathway
  1813. 1:18:13uh that goes through the lawn area along
  1814. 1:18:16Ashford Street.
  1815. 1:18:18Yes, now the driveway.
  1816. 1:18:19Thank you, Ron.
  1817. 1:18:21The
  1818. 1:18:22Okay, you indicated that you heard the
  1819. 1:18:23thumps at 9:40 to 9:45.
  1820. 1:18:27Not at that time, it was 10. I'm sorry.
  1821. 1:18:3010:40 to 10:45. Thank you, sir.
  1822. 1:18:33And you were on you remained on the
  1823. 1:18:35phone with Rachel Ferraro for another
  1824. 1:18:36two to three minutes. Yes.
  1825. 1:18:39So approximately what time was it that
  1826. 1:18:41you exited your room to go out to the
  1827. 1:18:43pathway?
  1828. 1:18:46So it was about
  1829. 1:18:49two to three minutes after that time,
  1830. 1:18:5010:43 to 10:44.
  1831. 1:18:55And when you went out to the pathway
  1832. 1:18:58did you where you went out on the lawn
  1833. 1:19:00area?
  1834. 1:19:01Yeah, but I stayed on this this path.
  1835. 1:19:03All right, and what did you see when you
  1836. 1:19:04were on that path?
  1837. 1:19:06On this path? Yes.
  1838. 1:19:09Nothing. I didn't see anything until I
  1839. 1:19:10got to the driveway.
  1840. 1:19:12When you got to the driveway area where
  1841. 1:19:13the path meets the driveway, what did
  1842. 1:19:15you see? I saw the limousine.
  1843. 1:19:17And where was that limousine? It was
  1844. 1:19:19right behind the gate
  1845. 1:19:21on Ashford. Was it facing into that
  1846. 1:19:23Ashford gate?
  1847. 1:19:24Yes.
  1848. 1:19:25Could you see whether anyone was inside
  1849. 1:19:26it? No.
  1850. 1:19:28Did you go to open the gate for the
  1851. 1:19:29limousine driver? No.
  1852. 1:19:31You can take your seat.
  1853. 1:19:45Now, can you tell us, sir, whether
  1854. 1:19:46Excuse me, Ms. Clark, do we need the
  1855. 1:19:48poster? Yes, we're going to use it
  1856. 1:19:49again.
  1857. 1:19:50Very shortly. Okay.
  1858. 1:19:57Now, can you tell us, sir, whether or
  1859. 1:19:58not the headlights of that limousine
  1860. 1:20:00were on?
  1861. 1:20:01I don't think they were on.
  1862. 1:20:04So, was it dark in that area? Yes.
  1863. 1:20:07And can you tell us, sir, whether the
  1864. 1:20:08driveway was dark?
  1865. 1:20:10Yes, there's just these there's little
  1866. 1:20:11lights uh barely that are very dim. I
  1867. 1:20:15think one or two of those were on by the
  1868. 1:20:17driveway, but dark. Where on the
  1869. 1:20:19driveway are those lights?
  1870. 1:20:23You can show us if you
  1871. 1:20:25Things I remember they were like
  1872. 1:20:27here, maybe maybe one here.
  1873. 1:20:30Okay.
  1874. 1:20:31Why don't you want to do that one more
  1875. 1:20:32time so counsel can see you?
  1876. 1:20:35If I remember they were like here, left
  1877. 1:20:38light here.
  1878. 1:20:40Maybe there.
  1879. 1:20:42For the record, the witness has pointed
  1880. 1:20:43to the edge of the driveway, that would
  1881. 1:20:45be the left um border of the driveway
  1882. 1:20:48uh just below the tree over which is
  1883. 1:20:51written gate control box, and then below
  1884. 1:20:54that to the left of the other tree
  1885. 1:20:57uh
  1886. 1:20:59on that same edge of the driveway.
  1887. 1:21:01The left edge.
  1888. 1:21:02And you go ahead, you can sit down.
  1889. 1:21:10So, you indicated those are dim lights.
  1890. 1:21:12Yes. And the driveway was basically in
  1891. 1:21:14darkness. Yes.
  1892. 1:21:16And you indicated you did not let the
  1893. 1:21:18limousine driver in.
  1894. 1:21:20No. Why not?
  1895. 1:21:22I I thought everything was taken care
  1896. 1:21:23of. I I didn't think of
  1897. 1:21:25of letting him in because he could
  1898. 1:21:28get a a buzz in.
  1899. 1:21:31What do you mean you thought it was
  1900. 1:21:32taken care of?
  1901. 1:21:33Well, I I
  1902. 1:21:34I have a my phone doesn't ring to the
  1903. 1:21:36gate, so I thought if anything the
  1904. 1:21:38the limo guy would know what to do, what
  1905. 1:21:40was going on. I didn't know. I thought
  1906. 1:21:42he was there. Did you think the
  1907. 1:21:43defendant was going to let him in? Yes.
  1908. 1:21:49Sustain. You're to disregard.
  1909. 1:21:51I'm asking for his state of mind, Your
  1910. 1:21:52Honor.
  1911. 1:21:53As to why he didn't Calls for
  1912. 1:21:55speculation. Did he think that this
  1913. 1:21:57defendant was going to do something?
  1914. 1:21:59I object to calling it speculation.
  1915. 1:22:00Proceed.
  1916. 1:22:01Can you explain to us why you did not
  1917. 1:22:04let the limo driver in?
  1918. 1:22:07What were you thinking?
  1919. 1:22:09About What What led you not to let him
  1920. 1:22:11in?
  1921. 1:22:12Because I thought someone had talked to
  1922. 1:22:13him and that's why he was out there.
  1923. 1:22:14There was a reason that he was waiting
  1924. 1:22:16there.
  1925. 1:22:17I didn't
  1926. 1:22:18you know, I
  1927. 1:22:20I didn't know why he wasn't in, but I
  1928. 1:22:22didn't question it.
  1929. 1:22:24Did you expect
  1930. 1:22:25What What What were you expecting?
  1931. 1:22:27Objection, Your Honor.
  1932. 1:22:30This is subsequent conduct, Your Honor.
  1933. 1:22:34You can ask the question.
  1934. 1:22:35Oh.
  1935. 1:22:37There's a a phone, so if there was a
  1936. 1:22:40limo driver the they would the gate
  1937. 1:22:42would open up, he'd be buzzed in. Did
  1938. 1:22:43you think the defendant was home?
  1939. 1:22:45Objection, Your Honor.
  1940. 1:22:46Overruled.
  1941. 1:22:48Calls for speculation.
  1942. 1:22:50Overruled.
  1943. 1:22:52Answer.
  1944. 1:22:53Did I Yes.
  1945. 1:22:55Next question.
  1946. 1:23:14Now, approximately what time was it when
  1947. 1:23:15you think you saw the limo driver? Then
  1948. 1:23:17excuse me, the limousine parked at the
  1949. 1:23:19Ashford gate.
  1950. 1:23:22Um about 10:50. Mhm.
  1951. 1:23:25Okay.
  1952. 1:23:27When you passed by the back of the house
  1953. 1:23:29to go out onto that lawn area, take that
  1954. 1:23:31path down to the driveway, did you
  1955. 1:23:33notice whether there were any lights on
  1956. 1:23:35in the house?
  1957. 1:23:36Um I thought the lights were on upstairs
  1958. 1:23:40and not down.
  1959. 1:23:41If I remember.
  1960. 1:23:43Did it seem to be dark downstairs?
  1961. 1:23:45Yes.
  1962. 1:23:47From my my recollection it was dark. And
  1963. 1:23:49you thought there was a light on
  1964. 1:23:50upstairs? Yes.
  1965. 1:23:56Let me back up for a minute.
  1966. 1:23:58You indicated that
  1967. 1:24:00you heard the thumps on the wall at
  1968. 1:24:02approximately 10:40 to 10:45.
  1969. 1:24:06Before hearing the thumps, you were
  1970. 1:24:07talking on the phone to Rachel?
  1971. 1:24:10Yes.
  1972. 1:24:11After hearing the thumps, were you still
  1973. 1:24:12talking on the phone to Rachel? Yes.
  1974. 1:24:15Were you listening to hear footsteps at
  1975. 1:24:17either time?
  1976. 1:24:18I I did not.
  1977. 1:24:21Do you know whether you're able to hear
  1978. 1:24:22footsteps from inside your room if
  1979. 1:24:24someone's walking on the south pathway?
  1980. 1:24:27I I don't I I don't think so.
  1981. 1:24:33Um Ms. Clark, when you Do we need 66
  1982. 1:24:35anymore?
  1983. 1:24:36We do.
  1984. 1:24:37Right now. All right.
  1985. 1:24:39You saw the limousine parked at the
  1986. 1:24:41Ashford gate.
  1987. 1:24:42Yes, I did.
  1988. 1:24:42You did not let the limo driver in.
  1989. 1:24:44What Where did you go? What did you do?
  1990. 1:24:47I checked on the the noise.
  1991. 1:24:49Where did Can you show us on this People
  1992. 1:24:5166 what you did?
  1993. 1:25:04Okay, so um
  1994. 1:25:06I had the flashlight
  1995. 1:25:08and the limo was here, so I
  1996. 1:25:11I started walking this way.
  1997. 1:25:14And I had the light on and I went
  1998. 1:25:18This is a gate here.
  1999. 1:25:20That's uh
  2000. 1:25:21I can pick up the gate. You can pick it
  2001. 1:25:23up so it's not working. So, I kind of
  2002. 1:25:25leave it against the tree and I went
  2003. 1:25:26down just a bit and
  2004. 1:25:29the pin light you know, the light was
  2005. 1:25:31pretty dim. I looked a little bit and
  2006. 1:25:33then I came back. Okay. For the record,
  2007. 1:25:35the witness has indicated he walked
  2008. 1:25:37south on the driveway over to the garage
  2009. 1:25:39area, made a left at the corner of the
  2010. 1:25:41garage and walked in on that south
  2011. 1:25:44pathway a short distance.
  2012. 1:25:47Yes.
  2013. 1:25:49Okay, as far as you got on this on that
  2014. 1:25:50south pathway, sir, were you able to see
  2015. 1:25:52the area
  2016. 1:25:54uh the ground area around the air
  2017. 1:25:55conditioner in your room?
  2018. 1:25:59And it Why did you stop on the pathway
  2019. 1:26:01where you did?
  2020. 1:26:02Just did.
  2021. 1:26:03I couldn't see. I was
  2022. 1:26:06I just stopped.
  2023. 1:26:08Why?
  2024. 1:26:10You know, I was scared, but
  2025. 1:26:12uh
  2026. 1:26:13that's it. You were scared? No. Okay.
  2027. 1:26:17And so you backed out again?
  2028. 1:26:19Yes, I did. Where did you go then?
  2029. 1:26:22I went back out. Okay. And
  2030. 1:26:26the limo was still there.
  2031. 1:26:28I thought he eventually let this guy in.
  2032. 1:26:30So, I went to the gate control box.
  2033. 1:26:33It's a button.
  2034. 1:26:34Pressed
  2035. 1:26:36and opened up.
  2036. 1:26:37Okay.
  2037. 1:26:37So,
  2038. 1:26:39you walked down the driveway around the
  2039. 1:26:40garage to the south pathway
  2040. 1:26:43came back out walked back up the
  2041. 1:26:45driveway and the limo driver the limo
  2042. 1:26:47limousine was still outside the Ashford
  2043. 1:26:49gate.
  2044. 1:26:49Yes.
  2045. 1:26:51When you said you went to the gate
  2046. 1:26:52control box, you pointed to an area on
  2047. 1:26:53the diagram People 66. Is that where
  2048. 1:26:56it's indicated by that tree? Yes.
  2049. 1:26:59And then did the gate open? Yes, it did.
  2050. 1:27:02And what happened next?
  2051. 1:27:04Okay, the gate opened and he drove in.
  2052. 1:27:09And there's a dog.
  2053. 1:27:11I told him to watch it.
  2054. 1:27:14Chachi, the dog,
  2055. 1:27:16went here.
  2056. 1:27:17And the limo driver parked here.
  2057. 1:27:20All right, Chachi the dog, who's that?
  2058. 1:27:22Chachi's a chow.
  2059. 1:27:25What color? Black.
  2060. 1:27:27And who does he belong to?
  2061. 1:27:29To O.J.
  2062. 1:27:30And when the limo driver pulled up,
  2063. 1:27:32where was Chachi?
  2064. 1:27:34Chachi was kind of was like laying right
  2065. 1:27:37here, sort of by the box that he could
  2066. 1:27:39have been hit.
  2067. 1:27:41So,
  2068. 1:27:42I said, "Chachi, move."
  2069. 1:27:46So, when the limo driver pulled in,
  2070. 1:27:48Chachi was still lying there on the
  2071. 1:27:49driveway by the gate control box?
  2072. 1:27:51Yes.
  2073. 1:27:52And you had to get him to move.
  2074. 1:27:54Yes. Did he bark? No. Did he get
  2075. 1:27:56excited? No. Where did Where did you put
  2076. 1:27:58him? Well, he goes in the spot he like
  2077. 1:28:00lays here. And for the record, the
  2078. 1:28:02witness is indicating the corner where
  2079. 1:28:05the
  2080. 1:28:05of grass where the driveway meets the
  2081. 1:28:08path going through the Ashford side of
  2082. 1:28:09the lawn.
  2083. 1:28:14And where did the limo driver go?
  2084. 1:28:16Right here. To the front door area? Yes.
  2085. 1:28:19Okay, for the record, the witness is
  2086. 1:28:20pointing to the area of the driveway in
  2087. 1:28:21front of the entrance.
  2088. 1:28:23And what happened next?
  2089. 1:28:26Okay, the limo driver
  2090. 1:28:28got out of the car.
  2091. 1:28:31I'm
  2092. 1:28:32pretty sure I said hello.
  2093. 1:28:35And um
  2094. 1:28:39the exact dialogue I don't know. It was
  2095. 1:28:41um Okay, wait. Why don't you take your
  2096. 1:28:43seat, sir?
  2097. 1:28:47All right, Ms. Clark, do we need 66
  2098. 1:28:49We will again, but I'll take it down for
  2099. 1:28:51now. All right.
  2100. 1:28:58You want to just leave it there down so
  2101. 1:28:59that I can see the jury and counsel
  2102. 1:29:02can see.
  2103. 1:29:05All right.
  2104. 1:29:09All right, when you went around
  2105. 1:29:11the uh you can
  2106. 1:29:13When you went around the south pathway
  2107. 1:29:15what was the You went You said you went
  2108. 1:29:16down the driveway around the garage to
  2109. 1:29:18that south pathway. Why did you do that?
  2110. 1:29:20Why did I do it?
  2111. 1:29:21Yeah. I was going to investigate that
  2112. 1:29:23noise. The thumps? Yes.
  2113. 1:29:30All right, when the limo driver
  2114. 1:29:34got out of the car, did you have a
  2115. 1:29:35conversation with him? Yes.
  2116. 1:29:37What did you say?
  2117. 1:29:40Well, I know I said asked him about the
  2118. 1:29:42uh
  2119. 1:29:43if we had an earthquake.
  2120. 1:29:46And uh he said no, not that I'm aware
  2121. 1:29:48of. I've been sitting there and I there
  2122. 1:29:50was no I didn't feel anything move.
  2123. 1:29:52And um
  2124. 1:29:54he had mentioned that he was coming up
  2125. 1:29:55from Redondo.
  2126. 1:29:59And
  2127. 1:30:03I don't know if I
  2128. 1:30:05what I remember about if I mentioned
  2129. 1:30:07about oversleeping or not. I said it did
  2130. 1:30:09OJ oversleep or if he said it that he
  2131. 1:30:11overslept, but that came up.
  2132. 1:30:13And I said, "Oh, he's got a flight to
  2133. 1:30:15catch."
  2134. 1:30:20And You were worried that he was going
  2135. 1:30:22to be late or what?
  2136. 1:30:23Yeah, that he was going to miss his
  2137. 1:30:24flight. Okay.
  2138. 1:30:26Now
  2139. 1:30:27at that particular point in time, were
  2140. 1:30:29you what were you thinking about in
  2141. 1:30:30terms of the thumps? Was that still in
  2142. 1:30:32your mind?
  2143. 1:30:32Oh, yes.
  2144. 1:30:33How were you feeling about that? Well, I
  2145. 1:30:35was I was going to check on it again and
  2146. 1:30:37I felt better that there was someone
  2147. 1:30:38there. Mhm.
  2148. 1:30:39Were you still afraid or nervous or
  2149. 1:30:41excited about that? Yes.
  2150. 1:30:43I was I was still there, but you know, I
  2151. 1:30:45had
  2152. 1:30:46driver was there. I mean, I was telling
  2153. 1:30:48about the noise that I was going to
  2154. 1:30:49check it on it again. I told him I heard
  2155. 1:30:50this noise and I heard this thump and
  2156. 1:30:53uh I'm going to just go back there and
  2157. 1:30:54check again.
  2158. 1:30:57All right.
  2159. 1:30:58And so after you told him about that,
  2160. 1:30:59what did you do?
  2161. 1:31:01Well,
  2162. 1:31:03I know that uh at one point also there's
  2163. 1:31:05the golf bag was out in the front. I
  2164. 1:31:07loaded that for him in the trunk and
  2165. 1:31:10then I think I checked on the noise.
  2166. 1:31:13When you say there was a golf bag out
  2167. 1:31:14front, where was it? The driveway where
  2168. 1:31:16he parked?
  2169. 1:31:17Mhm. Right in front of the entrance.
  2170. 1:31:20Um
  2171. 1:31:21I don't want to lift it up again, but
  2172. 1:31:22it's right in front. I'll point it out.
  2173. 1:31:24It was a was it in front of the front
  2174. 1:31:25door?
  2175. 1:31:26In front about 10 ft in front of the
  2176. 1:31:28front door. Right before the drive where
  2177. 1:31:30where the drive driver would start up
  2178. 1:31:32again.
  2179. 1:31:34Where the driveway meets the uh
  2180. 1:31:35the grass and the entrance of the uh
  2181. 1:31:40I got to I have to point it.
  2182. 1:31:54Go ahead.
  2183. 1:31:57The driveway here there's
  2184. 1:32:00like seats here. Right.
  2185. 1:32:01Be right here. All right, in between the
  2186. 1:32:03seats?
  2187. 1:32:04In between the seats where I laid the
  2188. 1:32:06same way you laid the bag.
  2189. 1:32:10Okay, so what did you do with those golf
  2190. 1:32:12bags after you let the limo driver in?
  2191. 1:32:14Well, it was one golf bag. One golf bag.
  2192. 1:32:15And I
  2193. 1:32:17I put it in the trunk.
  2194. 1:32:19All right, and then what did you do? And
  2195. 1:32:21then I think I checked on that noise.
  2196. 1:32:23And tell Could you show us where you
  2197. 1:32:24went?
  2198. 1:32:27Okay, I want to be in here again? Okay,
  2199. 1:32:29what what is this indicating south on
  2200. 1:32:30the driveway? South of the driveway and
  2201. 1:32:32I I said, you know, I told him about the
  2202. 1:32:34noise. I said then I tried to get Chachi
  2203. 1:32:35to come with me and I and said, "Chachi,
  2204. 1:32:38come."
  2205. 1:32:40And he did.
  2206. 1:32:42So uh
  2207. 1:32:44my reaction to it. So I went back there.
  2208. 1:32:47Okay, and you went down by the garage to
  2209. 1:32:49the same area again?
  2210. 1:32:51Is that yes?
  2211. 1:32:52yes, but I went a little bit further.
  2212. 1:32:53Okay, can you show us sir how far you
  2213. 1:32:55went this time? Okay, so the first gate
  2214. 1:32:56is here.
  2215. 1:32:58Right, indicating
  2216. 1:32:59um
  2217. 1:33:00Kind of right here there's a tree that
  2218. 1:33:02it leans up against sort of and it's
  2219. 1:33:03right there. Okay, there's a portion on
  2220. 1:33:05this diagram where the garage on the
  2221. 1:33:07south side of it is extended
  2222. 1:33:10um when you first hit the garage area
  2223. 1:33:12and the witness is indicating the corner
  2224. 1:33:15the leftmost the rightmost corner of
  2225. 1:33:16that um
  2226. 1:33:19outcropping. Right.
  2227. 1:33:21Okay, is that where the first gate is?
  2228. 1:33:23That's the first gate. Okay, did you go
  2229. 1:33:25through it?
  2230. 1:33:25Yes.
  2231. 1:33:27This time I went a little bit further
  2232. 1:33:28and there's a second gate, but I didn't
  2233. 1:33:30go beyond that. You went up to the
  2234. 1:33:32second gate?
  2235. 1:33:32I went up to about where the podium is.
  2236. 1:33:34The second gate with the flashlight.
  2237. 1:33:36Okay.
  2238. 1:33:37About
  2239. 1:33:38You 3 ft from the second gate. 3 ft
  2240. 1:33:41behind the second gate you stopped?
  2241. 1:33:42Yes. And where would that be on the
  2242. 1:33:44diagram?
  2243. 1:33:48Well, this is the entire garage and this
  2244. 1:33:50is the
  2245. 1:33:51I guess the second gate would be about
  2246. 1:33:52here. For the record, the witness is
  2247. 1:33:54indicating the area where there the
  2248. 1:33:56middle yellow the yellow arrow is.
  2249. 1:34:01Okay, and you
  2250. 1:34:03Um
  2251. 1:34:04Yeah.
  2252. 1:34:05It'd be to the as you face the diagram
  2253. 1:34:07to the right of the arrow mark BK.
  2254. 1:34:10And you stopped 3 ft before that? Yeah,
  2255. 1:34:13about 3 ft in front of it. Okay. Trying
  2256. 1:34:15the light. And what were you able to
  2257. 1:34:16see?
  2258. 1:34:17Well, it was dark. I I really didn't see
  2259. 1:34:19much. The beam was
  2260. 1:34:22you know, I could see up to about the
  2261. 1:34:24dark concrete right there. Okay, for the
  2262. 1:34:26record, the witness is indicating 10 ft.
  2263. 1:34:29I'm giving him 8.
  2264. 1:34:30than 10 ft, but 8? 7. That's it. 7 7 7.
  2265. 1:34:34Can we compromise? Compromise on this. 7
  2266. 1:34:378 Okay. For the record, the witness
  2267. 1:34:39indicated approximately 7 to 8 ft in
  2268. 1:34:42distance.
  2269. 1:34:42Right.
  2270. 1:34:44And so were you able to see the area of
  2271. 1:34:46um the walkway that was right behind
  2272. 1:34:48your room? No.
  2273. 1:34:50Was that in darkness? Yes.
  2274. 1:34:53After you and you stopped at that point?
  2275. 1:34:55Yes, I did.
  2276. 1:34:56Why?
  2277. 1:34:57Well, I figured I'd just give up.
  2278. 1:34:59I didn't want to investigate anymore.
  2279. 1:35:01Why not?
  2280. 1:35:02I just I did. I don't know. I wasn't I
  2281. 1:35:05was just I'm scared, but not scared and
  2282. 1:35:07I limo driver was there and I just ended
  2283. 1:35:09up going back.
  2284. 1:35:11Were you still afraid of what might be
  2285. 1:35:12back there? Well, I
  2286. 1:35:14I wanted to still know what was back
  2287. 1:35:15there. I was going to investigate more,
  2288. 1:35:17but
  2289. 1:35:18I I stopped there and I was kind of like
  2290. 1:35:21this lousy flashlight and my mind was
  2291. 1:35:22going to see if we had a better
  2292. 1:35:23flashlight. You know, I was going to go
  2293. 1:35:25up to the driver
  2294. 1:35:27to talk to him.
  2295. 1:35:28So did you turn back at that point?
  2296. 1:35:31I did. Where did you go?
  2297. 1:35:32Back to the front.
  2298. 1:35:34Back turned around to the front of the
  2299. 1:35:35driveway.
  2300. 1:35:37And you went where?
  2301. 1:35:39I went
  2302. 1:35:40to the limo.
  2303. 1:35:42Now on your way back to the limo, did
  2304. 1:35:44anything draw your attention? Yes. What?
  2305. 1:35:48Uh I saw there was a like a knapsack
  2306. 1:35:52that was in the driveway where the
  2307. 1:35:54Rolls-Royce was parked. Can you show us
  2308. 1:35:56where you saw that? Well, this is the
  2309. 1:35:58the spot of the Rolls-Royce
  2310. 1:36:00For the record, the witness has
  2311. 1:36:01indicated the southernmost portion of
  2312. 1:36:04the driveway that leads out to
  2313. 1:36:05Rockingham
  2314. 1:36:07where there's an indentation. Yes.
  2315. 1:36:09That's where the Rolls-Royce would be
  2316. 1:36:11parked? That's where it would be parked,
  2317. 1:36:12yeah. It'd be parked right here.
  2318. 1:36:15And where did you see this small this uh
  2319. 1:36:17knapsack?
  2320. 1:36:17It was on the uh
  2321. 1:36:19the right back tail light
  2322. 1:36:22on the bottom right where the grass kind
  2323. 1:36:24of would start up.
  2324. 1:36:27I don't think the jury is able to see.
  2325. 1:36:29Okay.
  2326. 1:36:30Okay.
  2327. 1:36:31Could you indicate again where you saw
  2328. 1:36:32that knapsack?
  2329. 1:36:33kind of like right here on the grass
  2330. 1:36:37and cement and the driveway.
  2331. 1:36:45I'll tell you what. I'm going to ask uh
  2332. 1:36:47Can we get those uh arrows?
  2333. 1:36:50I got arrows and I got dots. Pick your
  2334. 1:36:52color.
  2335. 1:36:53How about a dot?
  2336. 1:36:54What color dot?
  2337. 1:36:58What color was the knapsack, sir?
  2338. 1:37:00I thought it was uh black and with a
  2339. 1:37:03brown leather to it. Best I can do is
  2340. 1:37:05blue. Oh, well.
  2341. 1:37:06But
  2342. 1:37:08No, we'll take red.
  2343. 1:37:11Thank you. Take them all.
  2344. 1:37:13Why did you put the dot on the diagram
  2345. 1:37:15where you recall seeing the knapsack?
  2346. 1:37:22I This diagram is
  2347. 1:37:24it would be like right there.
  2348. 1:37:27Was it actually sir on the driveway
  2349. 1:37:29rather than the grass?
  2350. 1:37:31Yeah.
  2351. 1:37:32No, with this drawing it was closer to
  2352. 1:37:35Here's the
  2353. 1:37:36the Rolls-Royce
  2354. 1:37:37and the light would be out, but it was
  2355. 1:37:41sticking out of this drawing. It's kind
  2356. 1:37:43of
  2357. 1:37:43I don't know if it's exact, but it was
  2358. 1:37:44on on the
  2359. 1:37:46grass
  2360. 1:37:47part of it, but more of the cement.
  2361. 1:37:50And how big was that knapsack? It was
  2362. 1:37:52like a college uh
  2363. 1:37:54knapsack, I thought.
  2364. 1:37:55Like the size of a book bag?
  2365. 1:37:58Um
  2366. 1:38:01a little
  2367. 1:38:02kind of like that. The uh
  2368. 1:38:05the briefcase or whatever that case is
  2369. 1:38:07there. I don't want to mark the
  2370. 1:38:08detective's bag, but I'm so curious, so
  2371. 1:38:13Did it seem to be about the size of this
  2372. 1:38:14bag? Yeah. Yeah, let's describe this
  2373. 1:38:16bag. It appears to be about
  2374. 1:38:19a foot and a half in length and about 1
  2375. 1:38:21ft high.
  2376. 1:38:23It's black and has black straps. But it
  2377. 1:38:26seemed to be about Did it look like
  2378. 1:38:28but that size.
  2379. 1:38:29But that size.
  2380. 1:38:29That's what I remember.
  2381. 1:38:32Have you ever seen that bag before? No.
  2382. 1:38:37And then where did you go, sir?
  2383. 1:38:39Okay, then I uh
  2384. 1:38:42I went back in the I was here with the
  2385. 1:38:44driver and uh OJ was outside, too.
  2386. 1:38:47And so
  2387. 1:38:49I told him about the noise, also. Okay,
  2388. 1:38:52why don't you take your seat?
  2389. 1:38:58Let me ask you something, sir. Did you
  2390. 1:39:00have Have you ever heard Chachi bark?
  2391. 1:39:03Yeah, I've heard him bark.
  2392. 1:39:05And when?
  2393. 1:39:08When when the date? No, what was the
  2394. 1:39:10event? I uh
  2395. 1:39:12You circle it on the calendar or what?
  2396. 1:39:14Um
  2397. 1:39:18I think when Kato, the other dog
  2398. 1:39:21Not this dog, no. Kato, the other dog,
  2399. 1:39:23was over, if they play and Kato would
  2400. 1:39:26start biting him and go
  2401. 1:39:27and do that.
  2402. 1:39:29Did you ever see him bark at strangers?
  2403. 1:39:33I didn't see too many strangers there.
  2404. 1:39:35It was So, it was no, he
  2405. 1:39:37pretty much just friendly. Okay.
  2406. 1:39:40Now, when you say Kato, the other dog,
  2407. 1:39:41who are you referring to? It's Akita,
  2408. 1:39:44the an Akita dog.
  2409. 1:39:45Belonging to?
  2410. 1:39:47To O.J., the kids. Mhm.
  2411. 1:39:51And
  2412. 1:39:52do you know whether the Akita named Kato
  2413. 1:39:54went to live with Nicole at some point?
  2414. 1:39:58Um yeah, it was living over on on Bundy
  2415. 1:40:01and it would come over also.
  2416. 1:40:03It was sometimes there, sometimes there,
  2417. 1:40:04but mostly on Bundy. Okay.
  2418. 1:40:07And did it come over by itself to
  2419. 1:40:08Rockingham or did Did Nicole drive
  2420. 1:40:10drove. No.
  2421. 1:40:11No, it would it would come over with
  2422. 1:40:13Nicole, the kids. And it would be over
  2423. 1:40:15there sometimes.
  2424. 1:40:16But mostly on Bundy.
  2425. 1:40:24Okay, that second gate that you
  2426. 1:40:25indicated on the south pathway, sir, is
  2427. 1:40:27that ever kept locked?
  2428. 1:40:30The The second gate in the in the back?
  2429. 1:40:32Right, on the south pathway. No.
  2430. 1:40:35Not Not that I remember. It was It was
  2431. 1:40:36So, if you if you'd wanted to go through
  2432. 1:40:37it that night, could you have opened it?
  2433. 1:40:39Yes.
  2434. 1:40:47And uh why was it that you were uh
  2435. 1:40:49willing to go back a second time to that
  2436. 1:40:52south pathway?
  2437. 1:40:54I I guess
  2438. 1:40:56just a little bit safer
  2439. 1:40:58knowing there's a limo driver and it was
  2440. 1:41:02I just did it. I just went back there.
  2441. 1:41:06I thought I was being, you know
  2442. 1:41:09doing a good thing if I found a
  2443. 1:41:11a prowler or something.
  2444. 1:41:13You indicated that uh
  2445. 1:41:15the Akita named Kato uh belonged to the
  2446. 1:41:18defendant.
  2447. 1:41:22Did
  2448. 1:41:25I don't know who it belonged to. I think
  2449. 1:41:27it was every It was like Nicole's, the
  2450. 1:41:29kids', and O.J.'s.
  2451. 1:41:30Who bought it?
  2452. 1:41:33I don't I don't know who bought it. I
  2453. 1:41:34think maybe O.J. bought it. Okay.
  2454. 1:41:36Did it Did it stay at Rockingham
  2455. 1:41:38sometimes? Yes.
  2456. 1:41:48Did you see the defendant play with that
  2457. 1:41:49dog?
  2458. 1:41:52Yeah, sometimes.
  2459. 1:41:54How often would you see it at
  2460. 1:41:55Rockingham?
  2461. 1:42:00Mhm.
  2462. 1:42:01Not very often, but it was it was there.
  2463. 1:42:04But more as at the the Bundy with the
  2464. 1:42:07with um Sydney and Justin. Mhm.
  2465. 1:42:10So, I mean I can't
  2466. 1:42:11It's hard to put a
  2467. 1:42:13time frame. I mean, I don't know exactly
  2468. 1:42:15how much
  2469. 1:42:16difference in time would be.
  2470. 1:42:19But you saw it at Rockingham and it It
  2471. 1:42:22had been at Rockingham sometimes.
  2472. 1:42:24With the children? Yes, the children
  2473. 1:42:26play and and sometimes they're there
  2474. 1:42:28when the children weren't there, too.
  2475. 1:42:35And that dog When the children spent the
  2476. 1:42:37night at Rockingham, did it spend the
  2477. 1:42:38night also?
  2478. 1:42:45Yeah, I'd say
  2479. 1:42:46sometimes, yeah.
  2480. 1:43:04All right, that knapsack that you
  2481. 1:43:05indicated you saw that you thought was
  2482. 1:43:07black
  2483. 1:43:10It was It black? I thought I remember
  2484. 1:43:11seeing like a little brown
  2485. 1:43:13leather patch.
  2486. 1:43:15Okay. Was that bag that knapsack Was it
  2487. 1:43:19in a lit area, brightly lit, or was it
  2488. 1:43:21in a dark area?
  2489. 1:43:23It was
  2490. 1:43:25I think it was near one of the dimmer
  2491. 1:43:26lights, I thought, but it was still in a
  2492. 1:43:28dark area. It was dark on that It was at
  2493. 1:43:31nighttime, so.
  2494. 1:43:33But it was a dark
  2495. 1:43:35color.
  2496. 1:43:38Now, when you first came out that
  2497. 1:43:40pathway
  2498. 1:43:42for the first time, when you left your
  2499. 1:43:43room for the first time to go and
  2500. 1:43:44investigate the source of the thumps
  2501. 1:43:47Yes. You came out on the Ashford side
  2502. 1:43:49lawn.
  2503. 1:43:50What were you thinking?
  2504. 1:43:53The first time coming out of the room
  2505. 1:43:55and getting to
  2506. 1:44:00Oh, well.
  2507. 1:44:01The first time coming through Ashford
  2508. 1:44:03and then seeing the limo? Mhm.
  2509. 1:44:07What was I thinking as far as the noise?
  2510. 1:44:09Right. I thought it could be someone.
  2511. 1:44:11Okay.
  2512. 1:44:12And were you Was your mind occupied with
  2513. 1:44:14that? Yes.
  2514. 1:44:19Were you looking
  2515. 1:44:21Were you looking down the driveway area
  2516. 1:44:22after you when you saw the limo? Did you
  2517. 1:44:24look down the driveway area?
  2518. 1:44:27I probably did.
  2519. 1:44:30Constantly, or did you at some point you
  2520. 1:44:31look at the limo? Did you look around
  2521. 1:44:33you?
  2522. 1:44:33Oh, yeah, I looked around.
  2523. 1:44:36Excuse me, Mr. Clark, we need this uh
  2524. 1:44:38diagram again. Yes.
  2525. 1:44:42I I I heard the comment.
  2526. 1:44:46And I heard the other comments as well.
  2527. 1:44:48All right, why don't we move that until
  2528. 1:44:49you're going to need it?
  2529. 1:44:51It's blocking counsel's view of the
  2530. 1:44:53jury.
  2531. 1:45:01All right, I think you can leave that
  2532. 1:45:02there.
  2533. 1:45:02Yeah.
  2534. 1:45:09All right, when you got back to the car
  2535. 1:45:12after going out the second time to the
  2536. 1:45:14south pathway said you went back towards
  2537. 1:45:17the limo.
  2538. 1:45:18Can you say the question again?
  2539. 1:45:21After you let the limo driver into the
  2540. 1:45:24property,
  2541. 1:45:25you had conversation with him. You
  2542. 1:45:27indicated you went back around the
  2543. 1:45:28garage to the south pathway again. Yes.
  2544. 1:45:31And you stopped 3 ft before the second
  2545. 1:45:32gate. About, yes.
  2546. 1:45:34that. And then you said you walked back
  2547. 1:45:36out around the garage. You saw that uh
  2548. 1:45:39dark knapsack.
  2549. 1:45:41Then what did you do?
  2550. 1:45:43Uh well, I'll There's three of us
  2551. 1:45:45outside now.
  2552. 1:45:47So, I
  2553. 1:45:48You saw the defendant?
  2554. 1:45:50Okay, so well, three of us, yes, so
  2555. 1:45:52O.J., myself, and the driver. Where was
  2556. 1:45:54he?
  2557. 1:45:56Just like outside on the driveway.
  2558. 1:45:59Okay. And I I think the door was open. I
  2559. 1:46:01don't
  2560. 1:46:02The front door I thought was open. I
  2561. 1:46:04don't
  2562. 1:46:05Okay. Did you have a conversation with
  2563. 1:46:07the defendant when you saw him there?
  2564. 1:46:09Yes. What did you say?
  2565. 1:46:11Well, at some I was telling him about
  2566. 1:46:13this noise I heard.
  2567. 1:46:15I said, "O.J., I heard this noise and uh
  2568. 1:46:17I thought it was an earthquake and I
  2569. 1:46:18thought maybe someone's back there." And
  2570. 1:46:19I told him I was going to investigate it
  2571. 1:46:22and I had a lousy flashlight.
  2572. 1:46:25And then what? And so I asked the limo
  2573. 1:46:27driver
  2574. 1:46:28I said, "Do Do you have a a better
  2575. 1:46:29flashlight?"
  2576. 1:46:30And he checked.
  2577. 1:46:32And um
  2578. 1:46:34he looked around, he didn't. And then I
  2579. 1:46:35said, "Uh O.J., do we have a better
  2580. 1:46:37flashlight?"
  2581. 1:46:39And uh
  2582. 1:46:41um he we When I told him about the
  2583. 1:46:43noise, he was going to take one way, I
  2584. 1:46:44was going to go another way, but that's
  2585. 1:46:46when I said, "Well, we got this lousy
  2586. 1:46:47flashlight. We need another one." And so
  2587. 1:46:50he was going to go inside and check.
  2588. 1:46:52And then what happened next? Okay. So,
  2589. 1:46:56went inside the house, I followed behind
  2590. 1:46:59and got towards the kitchen area
  2591. 1:47:02and I was kind of in the front door
  2592. 1:47:04entrance behind him, but not yet in the
  2593. 1:47:06kitchen and it was I I didn't look, but
  2594. 1:47:09he said it was that late, so we didn't
  2595. 1:47:10have time and he We didn't get the
  2596. 1:47:13flashlight, so he had to catch the
  2597. 1:47:14flight.
  2598. 1:47:16Now, at some point after you came back
  2599. 1:47:19from your second trip to the south
  2600. 1:47:21pathway,
  2601. 1:47:23after that point, did you help to load
  2602. 1:47:25bags into the car? Yeah, I I I I put a
  2603. 1:47:27uh the golf bag in already and I was
  2604. 1:47:29going to uh
  2605. 1:47:30um go get the knapsack to put in. Okay,
  2606. 1:47:33you said the knapsack. Is that the the
  2607. 1:47:35dark knapsack knapsack that you saw
  2608. 1:47:38on the driveway area where you indicated
  2609. 1:47:40the red dog behind the Rolls-Royce? Yes.
  2610. 1:47:42And did you say something to Mr. Simpson
  2611. 1:47:44about that dark knapsack?
  2612. 1:47:46Uh that I was going to get it? You
  2613. 1:47:48offered to get it?
  2614. 1:47:49Yeah.
  2615. 1:47:50And what was his response?
  2616. 1:47:52He'll get it.
  2617. 1:47:53What did he say?
  2618. 1:47:55I'll get it.
  2619. 1:47:57And then what did he do?
  2620. 1:47:59I didn't pay attention. I I think he got
  2621. 1:48:01it.
  2622. 1:48:02Did he walk in that direction? Yes.
  2623. 1:48:06In the direction of where the knapsack
  2624. 1:48:07was?
  2625. 1:48:07Yes.
  2626. 1:48:21All right, what happened next?
  2627. 1:48:24After you offered to get the knapsack,
  2628. 1:48:26he refused, walked towards it. What did
  2629. 1:48:28you do?
  2630. 1:48:31Sustained. Rephrase the question,
  2631. 1:48:33please.
  2632. 1:48:38You saw the defendant walk towards the
  2633. 1:48:40knapsack. What did you do?
  2634. 1:48:43Okay, I I was still concerned about a
  2635. 1:48:44flashlight. I think that's when the
  2636. 1:48:46conversation of the flashlight came in
  2637. 1:48:48and after the limo driver was looking
  2638. 1:48:50and I was seeing if he's finding a
  2639. 1:48:51flashlight.
  2640. 1:48:54Then what?
  2641. 1:48:56Okay, and then
  2642. 1:48:58that's when I was going to
  2643. 1:49:00have myself and O.J. look behind there
  2644. 1:49:03and then he had to catch his flight.
  2645. 1:49:05So, I I mentioned about the kitchen.
  2646. 1:49:07Did you at some point walk into the
  2647. 1:49:08house with the defendant?
  2648. 1:49:09Yes.
  2649. 1:49:10And at what point was that?
  2650. 1:49:12Right before leaving.
  2651. 1:49:15And for what purpose did you walk into
  2652. 1:49:16the house with him? Because we were in
  2653. 1:49:18search of a flashlight.
  2654. 1:49:20Where did you go inside the house? I
  2655. 1:49:22walked in the front entrance.
  2656. 1:49:24And when you walk in about 5 ft or so,
  2657. 1:49:26you can make a right and go into the
  2658. 1:49:28kitchen.
  2659. 1:49:29So, I got in as far as like
  2660. 1:49:32a foot maybe in the kitchen. He was in
  2661. 1:49:34the kitchen and You were in the kitchen
  2662. 1:49:36and where was the defendant?
  2663. 1:49:37Well, I had a foot I was kind of in the
  2664. 1:49:39hallway still.
  2665. 1:49:41Kitchen and he was about
  2666. 1:49:436 or 7 ft in front.
  2667. 1:49:45He was inside the kitchen? Yes.
  2668. 1:49:48What happened next?
  2669. 1:49:50Uh he noticed the time and had to catch
  2670. 1:49:52the flight. What did he say?
  2671. 1:49:55He said the time.
  2672. 1:49:56I said, "You got to catch your flight."
  2673. 1:49:58And then what?
  2674. 1:50:01He
  2675. 1:50:03got in the limo.
  2676. 1:50:04And he went back out of the kitchen back
  2677. 1:50:07and
  2678. 1:50:08was going to hop in the limo over to the
  2679. 1:50:10uh airport. Okay.
  2680. 1:50:12When you walked into the house with him,
  2681. 1:50:13did you walk through the foyer area?
  2682. 1:50:16Into the foyer.
  2683. 1:50:17Yes, that's where I I stayed maybe a
  2684. 1:50:22I wasn't in the kitchen area. You know
  2685. 1:50:24the area. It's there and I stopped and
  2686. 1:50:26then he turned around because he we
  2687. 1:50:28didn't have time and then he had to
  2688. 1:50:29catch the flight. Did you pause and talk
  2689. 1:50:31to him in the foyer area for a moment?
  2690. 1:50:34Yes.
  2691. 1:50:54And when you paused and talked to him in
  2692. 1:50:55the foyer area
  2693. 1:50:57of the house,
  2694. 1:50:59what were you talking about?
  2695. 1:51:01Um he was leaving and uh it was there's
  2696. 1:51:04an alarm
  2697. 1:51:05and he it was asking me to set the
  2698. 1:51:07alarm.
  2699. 1:51:08Had he ever asked you to set the alarm
  2700. 1:51:10for him before?
  2701. 1:51:11Uh no. Did you know the code to set the
  2702. 1:51:13alarm? No. Did you want to set the
  2703. 1:51:16alarm? No. Why not?
  2704. 1:51:18It's just another responsibility that I
  2705. 1:51:20didn't want I didn't want to know the
  2706. 1:51:21alarm code.
  2707. 1:51:24And what did you say when he asked you
  2708. 1:51:25to set the alarm?
  2709. 1:51:27I I don't know the code.
  2710. 1:51:29And what was the defendant's response?
  2711. 1:51:32Um
  2712. 1:51:34I don't
  2713. 1:51:36I think I think he was going to set it.
  2714. 1:51:38He was that he was going to set the
  2715. 1:51:39alarm.
  2716. 1:51:42Did he tell you that or
  2717. 1:51:43Yeah, I I think it was that he would set
  2718. 1:51:45it it was kind of an understanding
  2719. 1:51:46because I didn't get the code.
  2720. 1:51:48But I didn't pay attention as far as if
  2721. 1:51:49he set it or not.
  2722. 1:51:51And you had that conversation while you
  2723. 1:51:52were standing with him in the foyer?
  2724. 1:51:54In in the foyer, yes.
  2725. 1:51:56And did you happen to notice whether his
  2726. 1:51:58uh he's had any injury to either hand at
  2727. 1:52:00that time? I I didn't notice, no. You
  2728. 1:52:03did not notice.
  2729. 1:52:04Did not.
  2730. 1:52:12Showing you people's 112, sir. Can you
  2731. 1:52:13tell us if you recognize that location?
  2732. 1:52:15That's the foyer.
  2733. 1:52:17And that's the area where you stood and
  2734. 1:52:18talked to him about the alarm control?
  2735. 1:52:20Yes.
  2736. 1:52:21And you did not notice any injury to his
  2737. 1:52:23hand? I did not.
  2738. 1:52:32Oral.
  2739. 1:52:34After you had the conversation about the
  2740. 1:52:36alarm control panel, what happened next?
  2741. 1:52:39Uh
  2742. 1:52:42he got in the limo to catch the flight.
  2743. 1:52:48Approximately what time was it when he
  2744. 1:52:50did that? I thought it was like 11:15.
  2745. 1:53:01Can you, sir, estimate for us about how
  2746. 1:53:03much time you spent
  2747. 1:53:05with the defendant
  2748. 1:53:07after the limo driver arrived?
  2749. 1:53:14After the limo driver arrived, when I
  2750. 1:53:16first saw him?
  2751. 1:53:17Right. From the time you first saw him
  2752. 1:53:19to the time he left for the airport.
  2753. 1:53:24I think it was about
  2754. 1:53:265 minutes.
  2755. 1:53:30And through which gate did the limo
  2756. 1:53:31driver exit? Rockingham.
  2757. 1:53:35And how did he get out?
  2758. 1:53:37There's a a button. I I pressed it for
  2759. 1:53:39him.
  2760. 1:53:40And it opens the gate.
  2761. 1:53:43Is that Where is that button located,
  2762. 1:53:44sir?
  2763. 1:53:46It would be uh
  2764. 1:53:49It's uh
  2765. 1:53:50on the driveway this to the left there's
  2766. 1:53:52a
  2767. 1:53:53button that you can press.
  2768. 1:53:55I mean, I can show you. On the diagram?
  2769. 1:53:58I can just point it right here from
  2770. 1:53:59here.
  2771. 1:54:09There's a Oh, it's
  2772. 1:54:12it's right there.
  2773. 1:54:13And for the record, the witness is
  2774. 1:54:15pointing to the location
  2775. 1:54:16that is designated on the diagram as
  2776. 1:54:18gate control box on the Rockingham gate
  2777. 1:54:21side.
  2778. 1:54:22Yes.
  2779. 1:54:35Can you tell us, sir, uh when that gate
  2780. 1:54:37closes, does it lock automatically?
  2781. 1:54:39Pretty sure it locks, yes. Okay. Though
  2782. 1:54:41I'm talking about the Rockingham gate.
  2783. 1:54:43Yes.
  2784. 1:54:44How do you get in from the outside?
  2785. 1:54:46Of the Rockingham gate?
  2786. 1:54:47Yes. You can use a key.
  2787. 1:54:50And did you have that key? Yes.
  2788. 1:54:53As for the Ashford gate,
  2789. 1:54:55can you tell us how that gate operated?
  2790. 1:54:57There's uh an intercom
  2791. 1:55:00that can be buzzed in from inside.
  2792. 1:55:02And there's also a hinge
  2793. 1:55:05that you can open it up automatically
  2794. 1:55:08by
  2795. 1:55:09you know, if you adjust the hinge the
  2796. 1:55:10right way, you can push it open and
  2797. 1:55:13and get in. Okay.
  2798. 1:55:15So, can you get in through the Ashford
  2799. 1:55:16Street side without a key?
  2800. 1:55:19Yes. Can you get in through the Ashford
  2801. 1:55:21Street gate without somebody buzzing you
  2802. 1:55:23in? Yes.
  2803. 1:55:47All right. After the defendant left in
  2804. 1:55:48the limo, what did you do? You said I
  2805. 1:55:51think you indicated you pushed Did you
  2806. 1:55:52push the uh button on the gate to close
  2807. 1:55:54it? Yes, I did. On the Rockingham gate?
  2808. 1:55:56Yes.
  2809. 1:55:57What happened next?
  2810. 1:55:58So, gate open, waved goodbye, and they
  2811. 1:56:01drove off, and then I started going back
  2812. 1:56:03towards my room.
  2813. 1:56:05And then I
  2814. 1:56:06I saw the red light or it was a green
  2815. 1:56:08light on the uh
  2816. 1:56:11um
  2817. 1:56:13alarm
  2818. 1:56:14that it wasn't set. Where did you see
  2819. 1:56:15that?
  2820. 1:56:16There's a
  2821. 1:56:18alarm box the where you set the code.
  2822. 1:56:21Where? In the front door by the front
  2823. 1:56:23door. Outside? Yeah, outside.
  2824. 1:56:26Next to the front door on the outside of
  2825. 1:56:27the front door? To the left.
  2826. 1:56:29And that light was green. What did that
  2827. 1:56:31mean to you?
  2828. 1:56:33That it was open.
  2829. 1:56:35That the alarm was not on? Yes.
  2830. 1:56:37And what did you do about that? Nothing.
  2831. 1:56:39I went back to my room.
  2832. 1:56:41How did you go back to your room? Did
  2833. 1:56:42you go through the house?
  2834. 1:56:44No, I went to the pathway same way that
  2835. 1:56:47I
  2836. 1:56:48came out from. Why didn't you just go
  2837. 1:56:49through the house?
  2838. 1:56:51I didn't know if it was locked or not. I
  2839. 1:56:53know that the
  2840. 1:56:55that it was a green light.
  2841. 1:56:56I imagine that meant the alarm wasn't
  2842. 1:56:58on, but I just went back to my room.
  2843. 1:57:01That front door, is that normally kept
  2844. 1:57:03locked? Yes.
  2845. 1:57:06To the best of your knowledge, who has a
  2846. 1:57:08key to that front door?
  2847. 1:57:10I think it's um
  2848. 1:57:12uh O.J. Arnelle and the housekeeper GiGi
  2849. 1:57:15probably had a key.
  2850. 1:57:17Did you have a key? No.
  2851. 1:57:24All right, ladies and gentlemen, we're
  2852. 1:57:25going to take our recess for the morning
  2853. 1:57:27session.
  2854. 1:57:28Please remember my admonitions to you.
  2855. 1:57:30Don't discuss the case amongst
  2856. 1:57:31yourselves. Don't form any opinions
  2857. 1:57:32about the case. Don't conduct any
  2858. 1:57:34deliberations till the matter has been
  2859. 1:57:35submitted to you.
  2860. 1:57:37Also, do not allow anybody to
  2861. 1:57:38communicate with you with regard to the
  2862. 1:57:40case. Mr. Keelen, you may step down.
  2863. 1:57:41You're ordered to return promptly at
  2864. 1:57:431:30.
  2865. 1:57:44All right, we'll stand in recess 1:30.

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