This Analysis Format Originated 23 March 1996
last update: 31 August 1996

Time Based Testimony Analysis


The testimony presented here has been reformated for consistancy of sequence and subject.

Prior to completion of these pages, we expect to intersplice links to the specific "in context" testimony. At present, there are space constraints which prohibit this approach.


[MR. PETROCELLI: The witness is pointing to near the top of the headboard in sort of the center, a little to the left of center.] [On March 23rd, Marcia Clark repeats the testimony to the Court, in this exchange:
"MS. CLARK: OKAY. FOR THE RECORD, THE WITNESS HAS INDICATED HE WALKED SOUTH ON THE DRIVEWAY OVER TO THE GARAGE AREA, MADE A LEFT AT THE CORNER OF THE GARAGE AND WALKED IN ON THAT SOUTH PATHWAY A SHORT DISTANCE.
THE COURT: YES.]
Return
  • Kaelin RUNNING to the driveway {BGK - depos1}

    CLARK: SO YOU WENT WHERE?
    KATO: OKAY.
    SO I'M RUNNING DOWN THIS SIDEWALK AND I SEE THAT THERE IS A LIMO OUT IN FRONT. IT'S DARK; I SEE NO ONE IN IT AND THE DOG, CHACHI -- THAT'S A BLACK CHOW -- IS SOMEWHERE HERE IN THE DRIVEWAY.
    AND I GO WITH THE FLASHLIGHT AND I STARTED WALKING THERE, AS I SAID, AND I GET TO ABOUT HERE. AND THE FLASHLIGHT WAS VERY DIM. IT WAS LIKE ONE OF THOSE SMALL FLASHLIGHTS AND THE BEAM WAS KIND OF BAD ON IT. AND I WAS SCARED.
    SO AFTER I STAYED THERE, I WENT BACK OUT THIS WAY, NOTICED THE GATE WAS NOT OPEN FOR THE DRIVER AND I WENT TO THE GATE TO PRESS A BUTTON HERE AND IT OPENS THE GATE UP.
    establishes seperation

    CLARK: YOU OPENED THE GATE UP FOR WHAT PURPOSE?
    KATO: TO LET THE LIMO IN.
    CLARK: SO YOU DIDN'T INITIALLY LET HIM IN WHEN YOU FIRST SAW HIM?
    KATO: NO.
    CLARK: NOW, AT THE TIME THAT YOU WALKED AROUND TO THE ASHFORD GATE, COULD YOU TELL US WHETHER THE ROLLS ROYCE WAS PARKED IN THE DRIVEWAY?
    KATO: WHEN I WAS WALKING UP, THERE WAS A ROLLS ROYCE, YES.

    CLARK: SO YOU WALKED AROUND THE ASHFORD SIDE, YOU LOOKED DOWN BY THE GARAGE, CAME BACK. WHEN YOU WALKED -- STRIKE THAT. YOU CAME BACK, AND AT THAT POINT WHEN YOU WALKED BACK TOWARDS THE ASHFORD GATE IS WHEN YOU LET THE DRIVER IN?
    KATO: AFTER I WENT TO THE GARAGE AREA?
    CLARK: YES.
    KATO: YES, I WENT TO LET THE DRIVER IN.
  • 2251 Kaelin Coach Lights NOT ON

    Petrocelli: There are some benches out there and there are some coach lights. If those coach lights are on they can be seen from the Ashford gate entrance. Correct?
    Kaelin: Yes.

    Kaelin affirms PARK testimony. Establishes that
    the lights were turned on,
    while Kaelin was on South walkway.

    This PRECLUDES Clark's Summation assertion that the noise occured at 10:52.


    Petrocelli: - when you went by the door the first time to investigate, did you go past the Bentley to get to the garage?
    Kaelin: Yes, I walked by. {the Bentley, & The Bentley was in the driveway.}
    Petrocelli: Did you see anything behind the Bentley?
    Kaelin: I don't remember. l don't think so. I think it was -- there was nothing there.
    Petrocelli: In other words, did you see this black knapsack that later on you saw?
    Kaelin: At that time I believe I did not see it.
    Petrocelli: And then you walked by the Bentley and you go investigate. Now, when you came back and walked back to the limousine -- to the area where the limousine was waiting outside, you then let the limousine in. So on your way back to letting the limousine in, did you notice if any of the downstairs interior lights had been turned on?
    Kaelin: I thought the lights were on. I thought then lights were on.
    Petrocelli: And did you also think that the downstairs coach lights on the outside of the entryway door were on?
    Kaelin: I think so. I think they were on.
    Return
  • 2251 - Coach Lights Off

    Petrocelli: When you first came out the path and saw the limousine driver. Starting from that moment in time and continuing walking down the driveway, going around, opening the gate, going down, coming back, coming around and going to the control box.
    Kaelin: Minute to two minutes.
    TWO MINUTES FROM SEEING LIMOUSINE
    to 10:54 when he is seen.
    Places Kato in front of the Limo around 10:52.
    The time when Park was behind the Post pressing the Buzzer.

    Petrocelli: During that period of time you walked by the entrance to the front door twice. Right?
    Kaelin: Yes.
    Petrocelli: And did you see golf clubs there?
    Kaelin: I did. I think it was when I came back the second time. Golf clubs. I don't --they could have been there when I first walked, but I can't recollect, and now I think that when I came back, I think there's golf clubs there. So--
    Golf Clubs come out at 10:53

    Petrocelli: You remembered seeing the golf clubs for the first time on the way back from the garage.
    Kaelin: Yes.
    Petrocelli: And were the outside coach lights on?
    Kaelin: Yeah, the little lights that were out there, yes.
    Return
  • [10:52.17] Carphone records.
    {Deposition 15 February 1996}
    Petrocelli: Now, when you came out of the -- of your room to go investigate the sounds that you heard -- and you went out into the backyard to begin your route around the house-- did you notice if Mr. Simpson's bedroom lights were on?
    Kaelin: I thought they were off. I thought the lights in the bottom were off, and I thought the lights upstairs were on. In my testimony before I always thought the lights upstairs were on.
    Petrocelli: When you say 'upstairs." you mean Mr. Simpson's bedroom? And did you observe any sign or flashing or any other indication that the television in Mr. Simpson's bedroom was on?
    Kaelin: I did not notice it.
    Petrocelli: Then you walked around the property, you said you thought that the lights downstairs were off?
    Kaelin: I thought they were off, yes.
    Petrocelli: Okay. And when you walked around the path, saw the limousine and then walked down the driveway to the garage to investigate the sounds, did you observe whether the lights downstairs in the front of the house were on or off?
    Kaelin: I believe, from what I recollect, the lights in the bottom were not on, in the bottom of the -- Inside the house there was dark. { I thought the coach lights were lights that were the small ones on the path, but now I know coach lights are on the door, brighter lights. }
    Petrocelli: Now, I asked you about coach lights yesterday, and I'm glad Mr. Baker brought this up-- because I was a little confused yesterday because you referred to coach lights as lights that were apparently on the ground. Is that right? And your recollection was that the lights on the ground were on or off?
    Kaelin: The ground lights I thought were on. They're usually on.
    Petrocelli: And these lights that are being called coach lights that were outside the front door, left and right of the door --
    Kaelin: I recollect those being off.
    Petrocelli: Now, do you recollect those being off as you went by the door the first time to investigate?
    Kaelin: Yes.
    Return
  • 2253 - Limo still outside
    Petrocelli: You saw those coach lights on when you came back from the garage. Right?
    Kaelin: Yeah. They light up around the house.
    Petrocelli: No. I mean right where the doorway is, the entranceway.
    Kaelin: Yes, I believe so.
    Petrocelli: And then you went and saw the limo was still there, and you go to the control box and press the box, and he comes in?
    Petrocelli: When you came out this path and saw the limousine, did you see Mr. Simpson at that point?
    Kaelin: I don't believe so.
    Petrocelli: When you went to check behind the garage for the first time, did you see Mr. Simpson at that point in time?
    Kaelin: No.

    Petrocelli: When you went to investigate the voices the first time and then walked back, is it when you walked back to the limousine that you saw the interior lights on at that time?
    Kaelin: I can't be positive. I remember in my testimony at some point I said the doors were opened and I thought the lights were on, the front doors--- and I don't remember the exact timing of that, but I remember saying in testimony, "The doors were open and the lights were on," and my concentration was still on the thumps -- That I remember at that -- I can't remember the exact trip -- could have been the second one -- where I thought the doors were open and those coach lights were on and the lights were on downstairs, from what I remember.
    Petrocelli: And could it have been the return of the first trip that you then saw the lights on and doors open for the first time?
    Kaelin: It could have been.
  • 2254
    Kaelin:...AND THE LIMO WAS STILL THERE AND I THOUGHT MAYBE I SHOULD LET THIS GUY IN, SO I WENT TO THE GATE CONTROL BOX, THERE IS A BUTTON, PRESSED AND IT OPENS UP.

    Petrocelli: When you went back to let in the limousine driver, had you seen--did you see Mr. Simpson as of that point in time?
    Kaelin: No.
    Return
  • [10:55.42] Park conculdes call; Heidstra listens to Akita, barking sporadic and then stops.
    Grand Jury - the lights seen after Suimpson enters house.

    CLARK: WHEN YOU FIRST ARRIVED AT THE HOUSE, WERE THERE ANY LIGHTS ON?
    PARK: ONLY ONE UPSTAIRS. {None Downstairs.}
    CLARK: WHEN THE MALE BLACK WALKED INTO THE HOUSE, WHAT HAPPENED NEXT?
    PARK: SOME LIGHTS TURNED ON DOWNSTAIRS AND THE MALE WHITE STILL DID NOT LET ME IN. AND I GOT BACK OUT OF THE CAR AND I RANG THE BELL AGAIN AND O.J. ANSWERED THE INTERCOM FROM THERE.
    CLARK: YOU RECOGNIZED THAT PERSON WHO ANSWERED THE BELL AS MR. SIMPSON? What did he say?
    PARK: HE SAID, "SORRY. I OVERSLEPT AND I JUST GOT OUT OF THE SHOWER. I WILL BE DOWN IN A MINUTE."
    CLARK: AFTER YOU HAD THE CONVERSATION WITH MR. SIMPSON, WHAT HAPPENED NEXT?
    PARK: THE MALE WHITE PAUSED FOR ANOTHER MINUTE AS HE WAS STILL STANDING IN THE SAME POSITION AS WHERE HE WAS.
    AT THAT TIME, HE PROCEEDED TO COME OVER AND OPEN THE GATE FOR ME.
    CLARK: WHEN, IN RELATION TO SEEING THE MALE WHITE COME OUT FROM THE ASHFORD SIDE OF THE HOUSE, DID YOU SEE THIS MALE BLACK WALKING DOWN THE DRIVEWAY?
    PARK: AS IN TIME? SECONDS. ALMOST, IF NOT SIMULTANEOUSLY.
    Where was the small bag?

    21 KATO: WHEN I CAME BACK OUT THE SECOND TIME, THERE WAS
    22 LIKE A BAG THAT I DID NOTICE.
    23 CLARK: WHERE WAS THAT BAG?
    24 KATO: THAT'S THE ROLLS ROYCE.
    25 IF THIS AREA IS GRASS AND THE CEMENT STARTS
    26 HERE, IT WAS ON THE GRASS.
    Golf Ball bag went in the trunk.

    CLARK: WHAT ABOUT THE BAG BY THE ROLLS ROYCE? WHAT HAPPENED TO THAT BAG?
    PARK: THE WHITE MALE OFFERED TO GO GET IT AND MR. SIMPSON SAID, "NO; NO. THAT'S OKAY. I CAN GET IT. THAT'S ALL RIGHT."
    CLARK: DID MR. SIMPSON GET THAT BAG?
    PARK: YES, HE DID.
    CLARK: DID YOU SEE WHERE HE PUT IT?
    PARK: HE PUT IT IN THE TRUNK.
    CLARK: HE PUT THAT INTO THE TRUNK BEFORE OR AFTER HE STEPPED INTO THE HOUSE WITH THE MALE WHITE AND HAD THE CONVERSATION?
    PARK: THAT WAS BEFORE.

    Park sees Simpson go to second car, but it's NOT behind the Bentley -- 'cause the bag was.
    CLARK: DURING THAT TIME {when you were talking to Kaelin} WAS WHEN HE WENT OVER AND GOT THE BAG BY THE ROLLS ROYCE?
    PARK: YES. HE GOT THAT BAG AND HE ALSO MADE ANOTHER TRIP TO GET HIS GOLF BAG FROM ONE OF THE VEHICLES. I DIDN'T SEE WHICH ONE OF THE CARS HE GOT IT OUT OF.
    AND AT THAT POINT -- THAT'S -- THAT'S WHEN THEY WENT INTO THE HOUSE AND THEY DISCUSSED SOMETHING BRIEFLY. I DON'T KNOW. AND TO GO BACK, WHEN MR. SIMPSON MADE THE COMMENT ABOUT, YOU KNOW, "OH, WE HAD AN EARTHQUAKE?" THE MALE WHITE SAID, "YES," OR, YOU KNOW, HE SAID, "WE MIGHT HAVE HAD AN EARTHQUAKE."
    AT THAT TIME THEY CAME BACK OUT, I CLOSED THE CAR UP AND HE SAID, "WE HAVE GOT TO GO."
    HE -- WHEN THEY WERE TALKING ABOUT THE EARTHQUAKE, THEY WERE TALKING ABOUT, YOU KNOW, GOING AND SEARCHING THE PROPERTY TOGETHER. HE TOLD THE MALE WHITE, "YOU GO ONE WAY AND I'LL GO THE OTHER WAY." AT THAT TIME, I HAD THE CAR CLOSED UP AND I WAS READY TO GO AND AS I HEARD HIM SAY THAT, I FIGURED IF THERE WAS ANY KIND OF TROUBLE THAT I WOULD WALK AROUND THE HOUSE WITH THEM. AT THAT POINT, THE MALE WHITE WALKED OVER TO THE CORNER OF THE GARAGE AND O.J. SIMPSON NEVER FOLLOWED HIM. HE JUST CAME OVER TO THE BACK OF THE CAR AND SAID, "WE HAVE GOT TO GO," AND HE JUMPED IN.
    Return 2255 10:55
  • [10:55.42] - Park talks to Simpson on intercom.
    PETROCELLI: When you picked up the phone in your bedroom from Alan Park, what did you say to him?
    SIMPSON: Actually I started talking before he spoke. I just picked it up because I thought it was Dale, and I said, "Yeah, yeah, I know I'm running late. I'll be right down."
    If he didn't call me right back, because I thought I might have hung up right then and then he called right back, and -- because he had said something to me that -- rather tentatively, "I've been here," and I said--I guess I said something about, "Yeah, I know. I've been in the shower, but I'm coming right down," and that was it.
    Return Park talks to Simpson
  • 2257 Limousine enters
    Petrocelli: When the limousine came in and parked and got out--when the limousine came and parked, the limousine driver got out. What did you then do?
    Kaelin: --and I believe I mentioned to him a few things, and the order I'll try to do the best I can: I asked if we had this earthquake. I heard this noise, and I asked him, and he said no, that he was coming up from Redondo Beach and he wasn't aware of it.And then I said, "Did O.J. oversleep?" And I think he had said no, that he just talked to him. Sleep came up, but I think the driver said also that O.J. said he overslept.
    But I told him about the noise, and I said, "I'm going to investigate this noise," and when I was saying that to him, I start walking back towards the garage area. And I said to Chachi, the dog, I said, "Chachi, come with me." and he just laid there, and I commented to the driver, I said, "Isn't that a great watchdog?" And--
    Jokingly, right. So then I went back there, and I went and picked up the gate again, went back. There is a second gate. I made it up to that second gate, but I didn't open the gate. I stayed right there and kinda went like this (Indicating).
    Well, I figured there is a limo driver there. I was more nervy to go down a little bit further down the gate. I had more nerve, and I figured, okay, this is far enough. This flashlight's not really working. I'm not gonna chance it anymore, so I came back. {because I was} Scared.
    Kaelin: You know. I just said it to him to reassure myself. I don't know. It was just the part of the thing I just said to him. I said, "Hey, did we have this earthquake? Because I felt this thing." I even went to explain about this picture moving. "It's the weirdest thing. You know, hey, this picture in my room moving around. Well, whatever, I'm going to go back to this here." So I explained to him where I was going. I guess in case something ever happened to me, I was going back there, tell him. So I went back and...
    Petrocelli: Did you ask him for a flashlight?
    Kaelin: At one point I did, yes.

    Petrocelli takes different tact:
    He questions appearance of knapsack.

    Petrocelli: By the way, following up on Mr. Baker's suggested question about 20 minutes ago, did you check to see if the knapsack was behind the Bentley or if anything was behind the Bentley?
    Kaelin: I don't believe that I did. I was kinda focused on that.

    Petrocelli: Let me ask you this question: When you came back from investigating the noises the first time and you walked back towards the Ashford gate, you had to walk by the Bentley. Right?
    I am showing you what we have previously seen yesterday. This is Plaintiffs' 27. and this is a sketch of the Rockingham property, and I cannot represent that this is to scale. I just don't know.
    Anyway, you told us yesterday that you -- when you came out from this pathway behind the house on the north side -- Do you see that? -- you walked out onto the driveway. You did not stop to wave or signal in any way to the limousine. Is that right?
    Kaelin: Correct.
    Petrocelli: You didn't even know who the driver was. Right? And you came down the limousine and you walked around the garage. Correct? To go investigate.
    Kaelin: Correct.
    Petrocelli: Now, where was the Bentley? Okay. You are pointing to this little alcove. Right? And did you see, when you came by that time to investigate, whether there was any piece of luggage -- on the ground behind the Bentley or on the lawn, for that matter?
    Kaelin: I'm pretty sure there was not.
    Petrocelli: Now, when you came back from investigating and went to let the limousine driver, did you see it then?
    Now, when you came back from investigating and went to let the limousine driver, did you see it then? On the return from the first trip.
    Kaelin: I don't remember seeing it, no.
    Petrocelli: Then you went and let the limousine driver in. Right? And the limousine pulls in. Right?
    Kaelin: Yes. {and} I think I put the golf clubs in.
    Return
  • 2258 Load Golf Clubs
    Petrocelli: Did-- Did you put any luggage in the car before you went back there?
    Kaelin: I saw that the golf clubs were in an area where they normally would be like the luggage -- for a trip, so I thought I'll pick it up. I said, "I'll put these in the trunk," and he popped the trunk, and I put them in the trunk. It was, you know, like an airline-- Cover bag.
    Petrocelli: Now, when you picked up that golf cover bag, did you see any other luggage there at that time? And if there had been other luggage there, would you have also picked that up?
    Kaelin: Yeah. I would have assumed that that's what it was there for; put it in there. I thought the limo driver was going to do it, so I just put it in myself. Okay. Now, I put the golf bag in there, and I asked him if we had--if he had a flashlight, and I was going to do it again to look for--even further down there with a better flashlight. So he had looked in his glove box, and he said, "No, I don't have a flashlight."
    Well, at some point O.J. was outside.
    I saw it--I saw it the first trip, and then I think it was the--in my head, it was a trip--I've already made two trips, but I thought there was a part where I had seen him. And then I noticed a bag by the Bentley, a knapsack bag. But I had the dialogue of telling O.J., "I heard this noise, and the driver doesn't have a flashlight and my flashlight is just terrible. Do we have a better a flashlight?" And--Go on?
    Return
  • 2300 Kaelin's Second Trip Behind House

    John Kelly: What specifically had he told you, if you recall?
    SIMPSON: That behind his -- there was noises. "Was there an earthquake? There was some noises." I really wasn't paying that much attention to him because I was trying to leave, but he seemed concerned, and at one point I suggested he go one way and I go another way. In case somebody was there, there would be only two ways they can go, but we ended up not doing it.


    Petrocelli: Now, at any time during this trip in -- to investigate the sounds and go back to let the limo driver in, did you see O.J. Simpson?
    Kaelin: I -- in my head I remember always seeing the dark sweat suit. The time, I don 't know. I don 't know. I was investigating sounds. I always have a picture in my head of the dark suit. and I can't distinguish exact time, but it was the time that the limo driver was -- I think -- I don't know if he was already out or in, but I just remember that always having a dark suit.


    Petrocelli: When you came back from investigating the second time and returned directly -- to the limousine, is that when you first saw Mr. Simpson?
    Kaelin: Best of my recollection, it is. I thought I saw him going, into the house, and that was it, and then I had questioned him about the noise. I just got him outside before he went in the house and said to him -- I don't know if he was putting luggage into the car or what. It was just there, and I started talking to him.
    {I said} "Hey, O.J., I heard this noise back there. It was really weird. It moved my picture," and all that. And was like, you know, "I think maybe somebody's back there."
    He said. "Oh, we'd better check on it." And I said, "I've got this a flashlight. This is like the only thing I have. Do we have a better flashlight?" He said, "Well, I better check if we have a better flashlight," and then he went into the house.


    Petrocelli: Did you see him at any time go down to the Rockingham gate, go out the gate and go to the Bronco? Did you see him go to the Bronco? Did you see him go to the Rockingham gate? Did you see him open the Rockingham gate?
    Kaelin: No.
    Petrocelli: Do you know if the Rockingham gate can be opened manually without requiring the gate to open electronically?
    Kaelin: I don't think it can. I don't think that gate can.
    Petrocelli: Can you somehow slip in and out without the gate opening -- all the way?
    Kaelin: I don't think so.

    Petrocelli: Now, at anytime before you let that Limousine driver in, do you believe you saw a person who you believed to be O.J. Simpson? You said that you saw a person who you believed could have been O.J. Simpson on -- at the corner where the Rockingham driveway intersects the Ashford -- I'm sorry -- where the driveway coming from Rockingham intersects the driveway coming from Ashford at that corner there. Right?
    Kaelin: Yeah, I remember seeing O.J. outside. I don't know if it was at the time I let the limo in or not, but it was the dark sweat suit, and that I remember.
    Petrocelli: You have a clear image of seeing O.J. in a dark sweat suit? And you have a clear image of seeing O.J. in a dark sweat suit at that spot that you just indicated where I am pointing to (Indicating)? Sort of behind where the Bentley would be?
    Kaelin: Well, I think it was more here -- it was I thought walking right around here (Indicating). It looked like {walking} to the door.
    Petrocelli: So you believe you may -- you believe you saw O.J. Simpson walking from the general vicinity of the Bentley to the general vicinity of the front entrance of the door.
    Kaelin: Yes.

    Petrocelli: You didn't think it was a prowler, did you?
    Kaelin: No. It was O.J.
    Petrocelli: You said he had on a black sweat suit. Can you describe that sweat suit for us?
    Kaelin: I thought it was that one I described before. It was like a black-all black. I thought + there was a white type zipper. I think it was a jogging -- I think it reminded my of like a jogging/tennis outfit. and black with a white-kind of a sharp one. It just was black with white -- like if this zipper went all the way down like this (Indicating), it was white, and then black. Black pants. {Doesn't know about the shoes} That's what I don't know, if it was the time that happened. I remember seeing like the dark sweat suit. I thought that was the suit -- the entire time was the dark suit. So I don't know if Alan Park was in yet or not. I can't get it in my mind the exact timing of that, of that event, but I remember a dark sweat suit in my head and O.J. in a dark suit.
    That's when -- I don't know if that's when I let the limo driver or if he was in already or not. I'm trying to remember if that's the timing of when I let him in. I can't remember the exact moment if he was already in or not.
    There was just so much that was going on, with the call to Rachel back there, the noises I heard, the little flashlight, and I couldn't associate it. and I think that's when I let the limo driver in, but I'm not l00 percent positive. I just don't know. I just don't know.
    I can't recollect when it was. I don't know for sure. I don't know for sure when it was.
    I don't know because this is so long ago and there's been so many news stories. that I'm so confused. So I don't know if it's before or after. I can't -- I don't --



    SIMPSON: I have a habit, and I don't know why, but I have a habit that once the limo get there, that sometimes my -- well, my golf clubs were packed this time. Normally they're not. He -- the limo driver sometimes has to do that. And historically I'm always looking for my cell phone. That's just -- don't ask me why. It's just a situation that normally Michelle will go out to the car and get it if she 's there or the limo driver would go look somewhere for it if he's there. It's just--you know, it's just the way I am.

    When I came down, I didn't have it {the cellphone}. I walked back in the house and got it off a counter, and I didn't have the rest of the stuff to go with it, which I consider -- you know, it's like a football helmet: You know, if you don't have your helmet, you don't have your uniform. Even though you might have on all the other stuff, you're still not properly dressed. I needed the rest of my stuff, so I didn't have it all together, no.

    BREWER: Do you recall ever actually moving towards -- making any affirmative effort to move towards the pathway to look down to see whether you could determine the origin of the noises that he described?
    SIMPSON: I tried at one point when I was coming back from the Bronco. I did look, but it was dark, and that's when we talked about getting a flashlight. Yeah, and I was coming back, and they were -- I guess they were talking about flashlights at the time.
    Petrocelli: Well, let me stop you there. Is it your recollection that you first saw O.J. Simpson that evening during this period of time after you made the second trip behind the garage?
    Kaelin: The best of my recollection is the second time--after the second time.

    Petrocelli: After you put the golf clubs in and conversed with the driver. You then went back to investigate a second time. Is that right? And when you came back to investigate the second time. did you see the black knapsack or other piece of luggage was -- at the base of the Bentley?
    Kaelin: I think I noticed it being there.
    Petrocelli: When you investigated the second time? On the way back. So you turned around and then headed back towards the house. When you saw it, did you wonder what it was?
    Kaelin: I believe so. I saw a bag there. I didn't know if it was part of the trip or not, the packing, but I saw a bag.
    Petrocelli: And then you walked back to the limousine. Right? And then Later on, you told us moments later, after you went in the house with Simpson and came back out, you then went to retrieve that black knapsack. Right? And is that the same knapsack that you believe you had previously seen? And when you attempted to retrieve it, Mr. Simpson said?
    Kaelin: "I'll get it. Okay, I got it."
    Petrocelli: And then he overtook you to get it? Okay. Did you see what he did with it? Did you see what he did with it? You don't know if he took it in the back seat with him?
    Kaelin: I never saw it again. I don't remember at all. I don't remember seeing him pick it up or anything. I was walking back already when the action took place.
    Petrocelli: When Mr. Simpson passed by you to get the black knapsack, was he carrying anything?
    Kaelin: I don't think so.
    Park sees Small Bag - No mention of 2nd Car

    26 CLARK DID YOU SEE ANY OTHER BAGS THAT WERE IN THE
    27 DRIVEWAY?
    28 PARK THERE WAS ONE TOWARDS THE ROCKINGHAM ENTRANCE,
    1 BEHIND THE ROLLS ROYCE.

    BREWER: Okay. Just so my question is on the record, this is when you went out to the Bronco to get the telephone case?
    SIMPSON: Yes.
    BREWER: And then on your way back, you went over and made some effort to look up the pathway?
    SIMPSON: No. As I was walking back, l could see it was dark there, and I said, "well, let's" -- "you go one way and I'll go around the other way.' It was at the time -- Yes. I said, "You go one way and I'll go the other way," and that's when he made a comment about flashlights, and that's what initiated all the flashlight stuff.
    BREWER: Okay. Going inside and looking for the flashlight? And after that, other than making a comment, did you ever then go to either side of the pathway to look down to see whether you could determine the origin of the noises that he referred to?
    SIMPSON: We never found the flashlight, and I had to go. When I was coming back from the Bronco, he was standing --they were like in the front there. I can't tell you exactly where they were. Kato was still talking about going around the side, and as I was coming back, I was talking to him, and I said something about, "You go one way and I'll go the other way," and that's when I became aware that there was a real flashlight problem.
    BREWER: Okay. And then after you went through the flashlight episode, trying to locate a flashlight, you came out and got into the limousine?
    SIMPSON: Got directly into the limo.
    From Preliminary Hearing - this is NOT the AKITA:
    Clark: Did it sound like the same dog that you had heard barking earlier, at 10:15 or so?
    Fenjves: Yes, it was definitely the same dog.
    Clark: at What point did you go to sleep that night, sir?
    Fenjves: I don't know. I went -- I went to bed about, you know, a little after 11:00, and I read for a while. And the dog was still barking and, you know, eventually I turned out the light and went to sleep.
    Shapiro: How long did that barking continue?
    Fenjves: Until I fell asleep, which may have been 11:30, 11:40.

    Rosa hears Simpson, Park, Kaelin
    Walraven Feb 27th

    BY MR. COCHRAN: DID ANYTHING ELSE ATTRACT YOUR ATTENTION LATER THAT EVENING? AND DO YOU KNOW WHEN THAT WAS, APPROXIMATELY WHEN THAT WAS, MA'AM?
    Lopez: ABOUT 11:00 P.M., I HEARD THE VOICE AND I COULDN'T DISTINGUISH WHAT MR. SIMPSON WAS SAYING. BUT I HEARD THE VOICE, BUT I DON'T KNOW WHAT HE SAID.
    THEN EVERYTHING WAS QUIET.
    AT THAT TIME, I'M ALWAYS IN MY BEDROOM ALL THE TIME.
    BY MR. COCHRAN: DID THERE COME A TIME WHEN THINGS WEREN'T QUIET IN AND AROUND THE -- YOUR RESIDENCE OR MR. SIMPSON'S RESIDENCE?
    Lopez: ABOUT 12:00 MIDNIGHT, I HEARD THAT -- MEN THAT WERE TALKING ON THE ROCKINGHAM SIDE AND HIS DOG, I DON'T KNOW WHAT HIS NAME IS, THAT IT'S A BLACK DOG WAS BARKING A LOT. HE BARKED AND HE CRIED, SIR.
    Return to 2300 11:00
  • 2301 Need better Flashlight to checkout Noise
    SCHWAB: {prelim} After following -- again, it ended up being kind of a procession with myself and my dog and followed by the Akita and followed by the officer, and this led all the way back to Bundy and Montana.
    I turned right on Montana to head home with the dog still following me. He pulled into a driveway near my house and we spoke again, and at that time I gave him my address -- my name also, address and phone number. And we agreed that I would continue to hold onto the dog since that seemed to be what the dog wanted to do, and he would take care of contacting animal control.

    Simpson's Small Cut
      The probable sequence of events:
    • Simpson brings out the luggage.
    • Hurrying, he doesn't notice he has begun to bleed.
    • The blood first manifests itself while Simpson is in the doorway. While admittedly a small quantity, this is where the highest concentrtion of blood was found.
    • Simpson, Exiting the house while Kato tells Park about the "earthquake", is seen {by PARK} going to "the cars" - he isn't sure which one to get "golf bag". It is now that Simpson probably dripped blood on the driveway.
    • Reaching the Bronco, the blood has already stopped, but deposits a small drop under the door handle.
    • Returning with the cellphone case, Simpson and Kato go into the house.
    • In the kitchen, Simpson notices a little blood on his small finger - he wipes it off and, noticing the time, leaves for LAX.

    Return to 2301 11:01
  • 2302 Need better Flashlight to checkout Noise
    Petrocelli: Now, before he went into the house, did he say anything like, "You go this way and I'll go that way"?
    Kaelin: Yes. Yeah, that was part of it. He goes, "Well, I'll go that way and you go that way." Before checking for--that made me say, "Well, we need a better flashlight." Okay. So it was. "O.J., I heard this noise back there. It was like it moved my picture, and I think someone's back there." "We better investigate. You go"-- "I'll go that way. You go that way" (Indicating). {O.J. indicate I should go} Back by the garage area. {He would go towards Ashford.}

    I was--it was a--I didn't expect him to say that, with the flight and that, I was going, "Oh," I was like, he's going to help me check, so-- And then I thought, okay, and then that made me go, "Well, we need a better flashlight," but I didn't--I was like...
    Petrocelli: What did he then say?
    Kaelin: "I'll go inside and check." So he ran into the house, and I followed behind him -- and he went into the kitchen area.
    So he is in the kitchen area. I didn't go into the kitchen. I kind of waited by -- there is an entranceway by the kitchen. So I didn't go into the kitchen, but I saw him go into the kitchen, and he got in there and looked and went, "Whoa, it's that time."
    There is a clock.
    On the wall.
    "Is that the right time?" or "My God, is it that late?" or--it was in reference to being late. He goes, "I've got to catch my flight." I said, "Oh, don't miss your flight." And then he walked back out, and I was there and walked out, and then he had mentioned about setting the alarm.
    I never made it into the kitchen myself. I never walked into the kitchen.
    Petrocelli: How long was he in the kitchen from the moment he went in the door that leads to the kitchen until he came back out?
    Kaelin: 15 seconds. No, he wasn't out of my sight at all. I was at the doorway of-- It was kind of--I'm saying from the walk in, looking up, going like this (Indicating) and saying, "Oh, boy it's that time." [it was a continuous motion?] Yeah. There was no looking for the flashlight. I think I glanced up at it{the clock} and I thought it was 11:15, so I could see it if I looked up. I think I did look at the clock.
    Petrocelli: Now, he then walked past you to go outside? So he was rushing? And so he walked right by you and went out the house, out the front door? And what did you do?
    Kaelin: I followed. I was--he was leaving. I was getting out of the house. There was a dialogue of--at the doorway by the foyer to the doorway about, "Kato, set the alarm to the house." And I said, "I don't know the alarm. I don't want to set the alarm code." So he said he would do it. And then I walked up and I saw that knapsack there, so I started walking toward the knapsack because I thought that was supposed to be packed up, and I started walking to it and O.J. said "No. I'll get it." So I just turned back around.


    BREWER: Do you recall any occasion on the 12th where you and Mr. Kaelin agreed that you would go around to the pathway and look down there to see what was the source of the noises that he described to you?
    SIMPSON: Yeah, I recall us talking about that. Me making that suggestion, that is.
    BREWER: Do you recall ever actually moving towards -- making any affirmative effort to move towards the pathway to look down to see whether you could determine the origin of the noises that he described?
    SIMPSON: I tried at one point when I was coming back from the Bronco. I did look, but it was dark, and that's when we talked about getting a flashlight. ...I was coming back {from the Bronco} , and they were -- I guess they were talking about flashlights at the time.
    BREWER: Okay. Just so my question is on the record, this is when you went out to the Bronco to get the telephone case? And then on your way back, you went over and made some effort to look up the pathway?
    SIMPSON: No. As I was walking back, l could see it was dark there, and I said, "well, let's" -- "you go one way and I'll go around the other way.' It was at the time -- Yes. I said, "You go one way and I'll go the other way," and that's when he made a comment about flashlights, and that's what initiated all the flashlight stuff {Going inside and looking for the flashlight}.
    BREWER: And after that, other than making a comment, did you ever then go to either side of the pathway to look down to see whether you could determine the origin of the noises that he referred to?
    SIMPSON: We never found the flashlight, and I had to go. When I was coming back from the Bronco, he was standing --they were like in the front there. I can't tell you exactly where they were. Kato was still talking about going around the side, and as I was coming back, I was talking to him, and I said something about, "You go one way and I'll go the other way," and that's when I became aware that there was a real flashlight problem.
    BREWER: Okay. And then after you went through the flashlight episode, trying to locate a flashlight, you came out and got into the limousine?
    SIMPSON: Got directly into the limo.

    What did Kato & Park think OJS was wearing

    17 CLARK: SO AFTER MR. SIMPSON SAID, "OH, IT'S THAT LATE
    18 ALREADY," HE RAN INTO THE LIMO?
    19 KATO: YES.
    20 CLARK: DO YOU RECALL WHAT HE WAS WEARING AT THAT TIME?
    21 KATO: I THINK IT WAS SWEATS, DARK SWEATS.
    22 CLARK: DO YOU THINK IT WAS THE SAME DARK SWEATS THAT
    23 HE WAS WEARING BEFORE?
    24 KATO: I DON'T KNOW.

    6 CLARK: LET ME BE MORE SPECIFIC:
    7 DID HE APPEAR TO BE INTOXICATED IN ANY WAY?
    8 PARK: NO.
    9 CLARK: DID HE APPEAR TO BE UPSET OR ANGRY?
    10 PARK: NO.
    11 CLARK: DID HE APPEAR TO BE NERVOUS?
    12 PARK: NO.
    13 CLARK: DID HE APPEAR TO BE -- STRIKE THAT.
    14 WHAT WAS HE WEARING?
    15 PARK: HE WAS WEARING A WHITE COLORED SHIRT, SHORT
    16 SLEEVES, BLUE JEANS AND THAT WAS ABOUT IT.
    17 I DON'T KNOW WHAT KIND OF SHOES HE WAS
    18 WEARING. I DIDN'T NOTICE ANY OF THAT.
    The same "DARK SWEATS"
    Return 2300 11:00
  • 2303 Kaelin & Knapsack
    PARK {Grand Jury}: THE WHITE MALE OFFERED TO GET IT AND MR. SIMPSON SAID, "NO; NO. THAT'S OKAY. I CAN GET IT. THAT'S ALL RIGHT." {he got it} HE PUT IT IN THE TRUNK. {Before he went back into the house.}
    Park testified that Simpson made another trip {?}to get his golf bag{?} from one of the vehicles. {TWO CARS - mentioned at the Grand Jury.}
    ??? Why is Park using PLURAL ???
    Is the Bronco evolving into his memory as a Second Car

    CLARK: DURING THAT TIME WAS WHEN HE WENT OVER AND GOT THE BAG BY THE ROLLS ROYCE? MR. SIMPSON, THAT IS.
    PARK: YES. HE GOT THAT BAG AND HE ALSO MADE ANOTHER TRIP TO GET HIS GOLF BAG FROM ONE OF THE VEHICLES. I DIDN'T SEE WHICH ONE OF THE CARS HE GOT IT OUT OF. AND AT THAT POINT --


    SIMPSON: No. My recollection is I walked out of the front door and Kato was behind me, and I told him to look for a flashlight. I had mentioned to him about putting on the alarm, and it appeared as if it was gonna--you know, Kato was being Kato, and I said, " Look for a flashlight," and I'd give him the alarm--I'd call for the alarm.

    From the Police Statement

    This means, Simpson noticed blood just before Allen Park sees him go to the Bronco. But Park doesn't relate to the Bronco -- having seen two cars that night, and the photo the next day; Allen Park has transposed the Bronco inside the gate.
    This would make sense, if Allen park remembered a shadow image of the Bronco -- seen out of the corner of his eye at 10:40. In the prevailing light level, he would only be seeing shades of grey -- thus a "dark Car".
    Knowing he has seen TWO CARS, but recalling only when he saw them, the media photos served to influence his memory. From that point on, everything was associated in a logical and consistant manner. Only the physical point of reference is mistaken.
    Therefore, "BAKER'S DILEMMA" becomes demonstrating this to a jury -- and the public at large.
    PETROCELLI'S DILEMMA persists - he's bringing a case against an innocent man.

    Simpson: I recall bleeding at my house and then I went to the Bronco.
    The last thing I did before I left, when I was rushing, was went and got my phone out of the Bronco.
    Simpson's cash

    KELLY: Okay. On the night of June 12th 1994, do you recall having cash up in your bedroom? Do you recall having cash, U.S. currency, up in your bedroom. On the evening or night of June 12th, 1994. And approximately how much was that?
    SIMPSON: I left 5- or $6,000 there that I put under my sweater. I remember doing that, talking it out of--because it was all together at that point, so I recall leaving that amount there. 100s, 50s, mostly 100s. There may have been a 50 or two, but basically l00s.
    KELLY: Okay. And part of your duties with Hertz, one of the things you would do is play golf with preferred customers there, would you not? And sometimes you would attend parties and functions for them with their preferred clients? Were there times you'd actually give talks at conferences and things for Hertz? And these various things I just referred to were all part of your job with Hertz, were they not?
    SIMPSON: Yes.
    KELLY: Okay. And was part of your job responsibility to always be gracious and hospitable when you would attend these various functions and events?
    SIMPSON: I think that's why they hired me.
    KELLY: Okay. And would it be fair to say that you would keep personal matters or moods to yourself when you were attending these events for Hertz?
    SIMPSON: I think I did it most of the time, yes.
    Simpson reacts to observations

    KELLY: And in June 1994 you were an announcer for NBC?
    SIMPSON: I was under contract with NBC. I wasn't doing any work for them in June, but I was under contract for them.
    KELLY: Okay. Well, the last couple years that you had done work for them, what type of work were you doing?
    SIMPSON: Football, color commentary work, and mostly in the pre-game show, and if--during the Olympics I did the Olympics.
    KELLY: Okay. Did you do a lot of on-site interviews with competing athletes when you were doing your color commentary? And you didn't have any script or rehearsed questions ahead of time when you would interview these people, would you?
    SIMPSON: No. You studied. You studied your subject, obviously, so that you could be prepared. So I like to think I was a guy who did--who studied a lot, yes.
    KELLY: Okay. But when you would, say, conduct a post-game interview with a competing athlete in a football game it would be based on what you had just observed, would it not? Okay. And some of your questions would be based simply on the responses you got from the person you were interviewing, also. Is that correct? And during your college and pro football career, there were many times you were interviewed by others, were you not? And at USC would you at times give interviews right after you had come off the field when you were competing? And when you were with the Buffalo Bills, were there times you would be grabbed right on the field after a game and give interviews? And that was done without any rehearsal or forethought, your responding to these interviews, were they?
    SIMPSON: Just like you and I right now.
    KELLY: There was a time you did "Monday Night Football" also. And were there ever times you just didn't feel like going to work when you were working on TV?
    SIMPSON: I always liked what I did. You know, there's times you didn't want to get on a plane and go someplace, but I like to think whenever I was involved in it, I enjoyed doing it and I liked doing it, yeah. the plane portion of it was the uncomfortable part. The actual doing it, I've always enjoyed doing.
    KELLY: Okay. And you were always able to put your personal matters or moods aside when you're going on air, weren't you?
    SIMPSON: Yeah.
    Watch Kelly -- he's good.
    Simpson as Actor

    KELLY: And in your acting career, I think there were some movies where you were one of the principals, say the NAKED GUN series, were you not?
    SIMPSON: I don't know if I was a principal in NAKED GUN, but thank you.
    KELLY: I don't want to disagree with your lawyer, but you had some sort of acting career. I didn't describe it. I just said you had it. Could you tell me--with, say, for example, the NAKED GUN series, you had actual written scripts you had to review and prepare with, did you not? And even in preparing with those scripts, you had to allow for your co-actors' lines and actions also, did you not?
    SIMPSON: Yeah, it's like you'd work with a person, yes.
    KELLY: Okay. And you would often learn these right on location when you were getting ready for these movies?
    SIMPSON: No. I'd study my script and know my part and then work out the movements on the set.
    KELLY: Okay. Since June 12th, 1994 have you ever--have you given any paid commentary or performances other than your infomercial?
    SIMPSON: No. Commentary, you know, I talked to a photographer who gave some--sold some pictures to the Star, so if that's considered commentary. It was mostly his observations and my words. I don't recall if I ever really gave him any words with it, but I know I discussed my feelings to an extent, and since I never read the stories, I don't know if any of those feelings were communicated.
    KELLY: Okay. Other than the Star Magazine-- Star Magazine we're referring to? Okay. Other than that and your infomercial, can you think of anything else?
    SIMPSON: No.
    Mr. Petrocelli: Did you ever get paid for conducting a magazine or newspaper interview since June 12th, 1994? Other than Star Magazine.
    SIMPSON: I don't know if I did an interview. I don't know if that was an interview. That was more for pictures. Other than the video, no.
    ***? Lange's name pops up more often than Vannatter's ?***

    PETROCELLI: The knapsack was located where? You are pointing to where the Bentley is parked? Behind the Bentley?
    Kaelin: It was {On the ground} at the taillights of the Bentley.

    PARK: UMM, SOMEWHERE IN THERE, ONE OF THOSE TIMES THERE WAS A -- THERE WAS ANOTHER BAG ON THE DRIVEWAY.
    MS. CLARK: WHAT KIND OF BAG WAS THAT?
    PARK: IT WAS ANOTHER -- SEEMED TO BE SMALL DUFFEL BAG.
    MS. CLARK: CAN YOU SHOW US WITH YOUR HANDS HOW BIG THAT BAG WAS?
    PARK: FROM WHAT I CAN REMEMBER -- I SAW IT AT A DISTANCE. FROM WHAT I CAN REMEMBER, IT WAS SMALLER THAN THE OTHER TWO. IT WAS JUST, YOU KNOW, A FOOT AND A HALF -- ABOUT A FOOT A HALF. A FOOT AND A HALF BY A HALF A FOOT. IT WASN'T VERY BIG, (INDICATING).
    MS. CLARK: COULD YOU TELL WHAT COLOR IT WAS?
    PARK: IT SEEMED TO BE DARK.
    {Mar 28th Testimony: Marked as "B" on PEO'S 66-E FOR ID = PHOTOGRAPH}
    MS. CLARK:
    AND WHAT DREW YOUR ATTENTION TO THAT BAG?
    PARK: WHAT -- WHEN -- I THINK IT WAS WHEN -- WHEN MR. SIMPSON GAVE KATO THE GOLF BAGS, I WAS KIND OF LOOKING IN THAT AREA. I SAW IT ON THE GROUND.
    MS. CLARK:
    NOW, WHAT HAPPENED WITH THAT BAG?
    PARK: UMM, IT WAS SOMETIME WHEN -- WHEN KATO WAS ASKING ME FOR A FLASHLIGHT, WE WERE STANDING AROUND THE CAR AND MR. SIMPSON CAME BACK OUT.
    MS. CLARK:
    OUT OF WHERE?
    PARK: I COULDN'T REMEMBER. HE JUST CAME TOWARD THE CAR. WE WERE TOWARD THE BACK OF THE TRUNK.
    MS. CLARK:
    HE CAME TOWARD THE CAR. COULD YOU TELL IF HE CAME FROM THE ROCKINGHAM GATE LOCATION OR FROM THE HOUSE?
    PARK: I DON'T REMEMBER. HE CAME OUT AND KATO OFFERED TO GO GET THE BAG AND HE SAID, "NO, NO, THAT IS OKAY. I'LL GET IT, I'LL GET IT." A SO HE WENT AND GOT THE BAG, AND AS HE WAS GETTING THE BAG I WALKED AROUND THE SIDE OF THE CAR TOWARD THE DRIVER'S SIDE AND I DON'T IF HE PUT THAT INSIDE THE CAR OR IN THE TRUNK. I DON'T REMEMBER THAT.

    MS. CLARK: ALL RIGHT. BACK TO PEOPLE'S 138.
    MS. CLARK: OKAY. YOU INDICATED PREVIOUSLY THAT YOU SAW A SMALL DARK BAG SOME -- BEHIND THE BENTLEY OR THE ROLLS ROYCE OR BEHIND THE CARS, I'M SORRY.
    DO YOU RECALL SAYING THAT?
    PARK: YES.
    (Mar 29th Testimony: PEO'S 138-C FOR ID = PHOTOGRAPH)
    BY MS. CLARK: BUT THAT KNAPSACK -- THAT SMALL BAG THAT YOU JUST INDICATED ON THIS PHOTOGRAPH, DID YOU LOAD THAT INTO THE CAR?
    PARK: NO, I DIDN'T.
    Return to 2303 11:03

Pretrocelli Establishes
There is ONLY ONE CAR in DRIVEWAY
Definately Gratuitous Comment Time
    The Alan Park testimony challenges the Kaelin testimony:
  1. Is the knapsack behind the Bentley, or the Second Car?
  2. If there were a SECOND CAR:
    if behind the Bentley, the knapsack would than be BETWEEN the cars.
  3. The Bentley is the first car, who owns the second?
    It's in Arnelle's spot, therefore it's Arnelle's.

    If it's NOT Arnelle's, who's?
    Or, is it not there at all?
    Logically, If Park saw two cars:
  1. one inside the gate, one outside, he transposed the Bronco - or another car - inside.
  2. The next day, he saw the photos of the Bentley and Saab inside,
    and accepted that they were the two cars he saw.
  3. In point of fact, he saw the BRONCO at 10:40; but, at the time, it didn't register as significant. It wasn't directly in his line of FOCUS -- in the same way that window screens are in our line of sight, but go unnoticed because they aren't in our line of focus.
  4. But how could he have missed it at 11:05?

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