Kato Kaelin testifies in Simpson civil trial
Jurors hear secret tape of altercation
November 19, 1996
Web posted at: 9:00 p.m. EST
SANTA MONICA, California (CNN) -- In his first appearance on
the stand in O.J. Simpson's wrongful-death civil trial, Brian
"Kato" Kaelin testified Tuesday that Simpson had watched
through a window while his ex-wife had sex with another man.
Simpson recalled the April 1992 incident for Kaelin on June
11, 1994, the night before the murders of Nicole Brown
Simpson and her friend, Ronald Goldman.
Kaelin said he and Simpson were watching the movie "The World
According to Garp," when Simpson pointed out the part where
the wife in the movie was going to have oral sex with a man
in her car.
Kaelin said Simpson compared this to seeing Nicole give oral
sex to a man named Keith at her condo. Simpson said he
watched the act through the window, Kaelin testified.
In Simpson's criminal trial for the two murders, prosecutors
contended that Simpson had stalked Nicole over a period of
time, then killed her in a jealous rage.
Kaelin, Simpson's former house guest, also was one of the
handful of people who spent time with Simpson the night of
the slayings. Although Simpson was cleared of the murders in
October 1995, the families of the victims have filed
wrongful-death lawsuits against him.
On Tuesday, Kaelin appeared to be a friendly witness for the
plaintiffs, in contrast to his testimony during the criminal
trial, when the prosecution accused him of being evasive and
asked that he be declared a hostile witness.
Also in his testimony Tuesday, Kaelin said:
- Simpson was wearing a dark sweat suit the night of the
murders. Blue-black fibers were found on evidence and the
victims at the crime scene. Simpson denies owning such
clothing.
- Simpson told him Nicole was "playing hardball" with him by
withholding visitation rights to his daughter, Sydney, the
night of the murders. Kaelin acknowledged on
cross-examination that he had not previously given this
information to the police.
The plaintiffs used Kaelin to counter various defense
contentions that Simpson was walking his dog, watching TV and
hitting golf balls at the time of the killings. Kaelin said
he did not see Simpson's television on that night, he never
saw Simpson walk his dog because the animal is old and
arthritic, and he neither saw nor heard Simpson chipping golf
balls.
Jurors hear 1993 police call
Jurors also heard a tape recording Tuesday of conversations
police officers had with Simpson and Nicole Brown Simpson
after she called them to her home in October 1993.
The tape was secretly recorded by Sgt. Craig Lally, one of
the Los Angeles Police officers called to the scene. On the
tape, Lally and another officer, Robert Lerner, speak
separately to the two about the altercation.
On the tape, Nicole told officers that this time the fight
did not come to physical blows, but that four years earlier
Simpson had struck her. She also told them, "I think if it
happened once more, it would be the last time." (10 sec. /128K AIFF or WAV sound)
Simpson, meanwhile, explained to the officers that they were
having a fight over an ex-boyfriend of Nicole's and he was
"shocked" that she called the police.
"We were yelling at each other, but I'm surprised she called
the cops. I thought she was on the phone with her mother,"
he told the officers. He told the officers that Nicole was
the one who started the 1989 fight which resulted in his
conviction for spousal battery.
This tape is a different recording from the tape of the 911
call Nicole placed asking police for help after Simpson
allegedly broke down a back door to her house. Jurors heard
that recording on Monday.
Simpson did not attend the civil trial Tuesday. He went
instead to a hearing in Orange County to determine the
custody of his two youngest children, Sydney and Justin.
Nicole Brown Simpson's parents are fighting him for custody
of the children.
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