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(Court TV) -- Developments in the murder trial of O.J. Simpson from March 27-31, 1995
The prosecution was granted permission to treat Brian "Kato" Kaelin as a hostile witness. The decision allowed Deputy District Attorney Marcia Clark to more aggressively question her own witness.
Kaelin then testified that Simpson was upset in the hours before Nicole Brown Simpson and Ronald Goldman, were stabbed to death. He had said earlier that Simpson appeared "normal" on the evening of June 12, but changed his testimony to say Simpson was "upset" over an incident with his daughter, Sydney, following a dance recital in which she had taken part.
Kaelin said Simpson was also "a little bit upset" over his ex-wife wearing a tight dress to the recital. He said Simpson told him he had wanted to spend time with his daughter after the recital but Nicole Simpson had allowed him to see her only briefly before leaving to have dinner with friends.
Kaelin also testified that Simpson tried to help him get a role in a feature film, contradicting his earlier testimony that Simpson didn't assist in the aspiring actor's career. He said that in May 1994, Simpson called a friend in an effort to get Kaelin a part on the film "Outpost." Kaelin insisted the audition was scheduled even before the call was made and he didn't get the part.
When asked by defense attorney Robert Shapiro what he meant in describing Simpson as upset, Kaelin said Simpson was sad but not angry or agitated. He also testified that he did not notice anything unusual about Simpson's behavior when he saw him at 9:35 pm on the night of June 12, and again at 11 pm as Simpson was getting ready for the limousine ride to the airport.
The day also was highlighted by a prosecution suggestion that Simpson argued with his ex-wife during a telephone call on the day she was killed.
The revelation came when Clark asked Kaelin whether he knew if Simpson had an argument with Nicole Simpson during a cellular phone call from the Riviera Country Club on June 12. The defense immediately objected to the question. The attorneys then huddled at a sidebar with Judge Lance Ito.
Brian "Kato" Kaelin wrapped up five days of testimony, insisting that even though he felt some obligation to O.J. Simpson, he wouldn't lie on the witness stand.
Kaelin was excused, although the judge said he was subject to recall. The next witness was Rachel Ferrara, who was on the telephone with Kaelin the night of June 12, when he heard three thumping noises outside his room. She was followed by Allan Park, the limousine driver who took Simpson to the airport on the night of June 12.
Meanwhile, telephone records show Simpson spoke with Nicole Brown Simpson on the day of the murders. Deputy District Attorney Marcia Clark, during a sidebar discussion at Simpson's murder trial Monday, revealed that cellular phone records indicate a call was made from Simpson's phone to Nicole Simpson's house at 2:18 pm, while Simpson was at the Riviera Country Club. Simpson golfed and played gin rummy there that day. A woman at the country club will be called to testify about the four-minute phone call, Clark said, according to a transcript of the conversation.
"We have a witness who observed him on the cell phone angry, yelling," Clark told the judge and defense attorneys outside the jury's presence.
Testimony focused on O.J. Simpson's luggage with conflicting testimony about how many bags he took on his trip to Chicago.
And, the prosecution said they had new evidence about what happened to the mystery black bag in which they claim Simpson carried bloody clothes after committing the murders.
Deputy District Attorney Christopher Darden made the comment in the absence of the jury, telling Judge Lance Ito, "We hope to present more evidence relative to what happened to the bag in which the bloody clothes were carried."
The prosecution believes that Simpson stashed bloody clothes and a knife inside a small knapsack he carried out of his house. The bag wasn't seen again when Simpson checked his luggage at the airport. The suspicion is that Simpson stuffed the knapsack inside a larger bag.
Limousine driver Allan Park said he saw five bags when he picked up Simpson for the trip to the airport. He said a Louis Vitton garment bag and golf bag were placed in the trunk of the limousine and that Simpson took two duffel bags into the passenger area. He also said he saw Simpson pick up a knapsack but did not see him take it with him.
Park said he unloaded the garment bag and the golf bag at the airport but didn't see the knapsack. He said he saw Simpson with the two duffel bags.
James Williams, a skycap who checked in Simpson's luggage at the airport, said Simpson only checked the garment bag and golf bag, and that he saw Simpson with one duffel bag.
The mystery of the bags continued at the airport. Park said he saw Simpson briefly set the golf bag on top of a Los Angeles airport trash can. And when defense attorney Carl Douglas asked Williams on cross-examination, "You didn't see Mr. Simpson doing anything near the trash can," he answered: "Yes, he was standing near the trash can."
Park also was questioned about the whereabouts of Simpson's Bronco.
During cross-examination by defense attorney Johnnie Cochran, Park said he could not be absolutely sure that the Bronco was gone when he arrived at the estate.
But when questioned again by prosecutor Marcia Clark, Park reiterated his earlier testimony, saying he did not see the Bronco as he scanned curb numbers in front of Simpson's home at 10:22 pm nor 17 minutes later when he drove around to another entrance.
Park also told Cochran that he did not see any blood drops in the driveway or any cut on Simpson's left hand. But on redirect examination, he clarified the point by saying he was not paying close attention to Simpson's hands. He said he shook Simpson's right hand, not the left.
The prosecution revealed a surprise witness who saw O.J. Simpson possible throw something into the trash at the airport shortly before catching a plane to Chicago.
Prosecutor Marcia Clark said she intends to produce the witness, who has only recently come forward, in an attempt to solve the mystery of the bloody clothes.
The revelation was made during a closed door conference between the lawyers on Wednesday. Clark said the witness saw Simpson standing by the trash can while checking his luggage.
"This witness will state that he saw Mr. Simpson reach down, then reach back up and go into his bag and zip it up," Clark said. The implication is that Simpson took something out of his bag and put it in the trash.
Meanwhile, an employee of a security firm started to testify about security procedures at O.J. Simpson's home. Susan Silva testified Simpson has to use the front door to enter his home without triggering an alarm. She said the alarm did not go off on June 12.
The day's testimony once again focused on whether O.J. Simpson's Ford Bronco was parked at his estate at the time of the murders.
Charles Cale, a neighbor who lives within one-quarter mile of Simpson's home, testified that he did not see the vehicle when he walked his dog around the Simpson estate between 9:30 and 9:45 pm on June 12. He further testified that on June 13, at around 7am, he noticed the Bronco parked on Rockingham at a weird angle.
Cale's testimony was consistent was consistent with the previous testimony of Brian Kaelin and limousine driver Allan Park. Kaelin said he and Simpson returned from McDonald's at about 9:35pm. Park said he did not see the Bronco when he arrived at the estate at about 10:22 pm.
During cross-examination, defense lawyer Robert Shapiro tried to show that Cale was inexact about the times and that he was set up by the prosecution to come forward to bolster its case. However, Cale, who has nothing to gain from his testimony, stated that he did not realize the position of the Bronco was important to the case until January. He also explained that he noticed the Bronco because cars were rarely, if ever, parked on Rockingham. E-mail to a friend