Brian Gerard "Kato" Kaelin testified that he met Nicole Simpson in December 1992 at Aspen, Colorado. He was not romantically involved with her. Kato later attended a party in Los Angeles, in January, 1993, at Nicole's house on Gretna Green. He saw the guest house on that property and asked her if it was available because he had a long drive to work from Hermosa Beach every day. Nicole said it was available. He moved in and he paid rent there. He lived there from 1993 until January 1994. He was in a separate house from Nicole, Sydney and Justin.
He later met O. J. Simpson. Kato stated he had only witnessed one argument between Nicole and O. J. He had very little contact with the two of them together. When Nicole was moving to the Bundy townhouse, she wanted him to move in there with the family. He would have had to live in the same house with them at Bundy, and O. J. said it would not be right to be in the same house.
O. J. asked him if he wanted to move to his place instead. O. J. said he had a room Kato could have for free. Kato offered to pay rent, but O. J. refused it. He moved out of Gretna Green in January, 1994, when Nicole moved out, and into the guest house at Rockingham. Kato said it was like a hotel room with a bed, bath, and office space. It was on the side of the house, near the pool.
Kato said on June 12, 1994, he was talking to O. J. around 7:00 p.m. in the kitchenette area. He asked O. J. about Sydney's recital, which had been at 5:00 p.m. O. J. said he was proud of Sydney. He seemed nonchalant (as opposed to agitated or upset), relaxed as opposed to nervous.
O. J. mentioned "in a good natured sort of way" that he wondered if Nicole and her girlfriends were going to age gracefully, and what kind of outfits they were going to be wearing then. The statement was about wearing tight-fitting clothes, like as a grandma. Kato said O. J. was joking and laughing; he did not seem angry.
Kato said he then "took a Jacuzzi" about 7:30 - 8:00 p.m. (when it was beginning to get dark). He finished probably about 8:30 p.m. and went to his room. He then called Susan (?). Then when Kato was on the phone with his friend Tom O'Brien, O. J. came to his door. Kato went outside (he said it was about 8:30 p.m.) and O. J. told him he had left the Jacuzzi on; O. J. said he would turn it off. Kato went back to his room and O. J. walked away.
Kato then called Tom O'Brien back. While on that call, O. J. came back and called, "Kato, Kato!" O. J. said he was embarrassed, but he needed to borrow some money. Kato said, "Sure." O. J. needed $5.00 for a skycap at the airport, and he was going to get a burger. Kato had $45.00 in his drawer. He invited himself to go along to get a burger. It was about 9:00 p.m. when O. J. came to his room
O. J. and Kato went to McDonald's in O. J.'s Bentley. Kato's recollection was that O. J. was wearing a dark outfit, like a sweat outfit, "a sweat type outfit." It had long sleeves, long pants, and looked like cotton, black. He did not remember the shoes.
O. J. was quiet on the drive to McDonald's. Kato asked a question about what airline he was using, and when was the flight. O. J. seemed very tired; not upset or depressed, but tired. Kato suggested O.J. should get a nap if there was time. O. J. did not appear to be on drugs; he had played golf early that morning. Kato saw a clock on the way to McDonald's, at 26th and San Vicente, and one of them said, "Is that the right time?" and it showed 9:15 or 9:18 p.m.
Nicole was not mentioned during this trip. Kato had mentioned he wanted to type something, and he asked O. J. if it was okay to use the typewriter in the office area in his room. O. J. told him it was not his typewriter, saying, "Oh, it's Nicole's, but you can use it."
They went to the McDonald's at Santa Monica (there is a Carl's Jr. across the street). They went through the drive through and ordered. Kato got a McGrilled Chicken Sandwich. O. J. got "like one of those double or triple burgers. It was a large--some kind of hamburger, and I think he had some french fries too." They got the food; Kato paid for it. Kato had given O. J. a $20.00 bill for the airport. When they got the food, and Kato handed him the money, O. J. said, "Sorry to do this to you." Kato took his sandwich and drink; O. J. began eating his sandwich in the car. Kato nibbled on some french fries, but not his sandwich. He asked O. J. for his straw from the bag.
O.J. drove back, and when they got home, they both got out of the car. Kato was ahead of O.J.; he had his food and started walking towards O. J.'s door, saying, "I'm going to eat in my room." O. J. was out of the car (the RR was parked where the "R" was on the exhibit, facing the Rockingham gate); and Kato said he didn't see any movement, but it appeared O. J. was walking toward the house. The weather was overcast, 63 degrees, cool. That was the last Kato saw of O. J.; it was about 9:40 - 9:45 p.m. Kato made a call about that time, right after he got back to his room. He ate his sandwich while on the phone with Tom O'Brien.
Kato was familiar with the white Ford Bronco O.J. drove. Also, GiGi the maid drove it to the store. It was usually parked on the street, "more on Ashford, but it could be parked on Rockingham also." Kato did not recall seeing the Bronco anywhere when they went to McDonald's. He did not notice, it might have been there. They went out through the Rockingham gate and turned left on Rockingham to McDonald's. When they came back, they may have come in through Ashford, he did not remember, but he thought it was Ashford.
After eating and hanging up from Tom, Kato went to the typewriter, but it was not working. Later he called Rachel Ferrara. While talking to Rachel, he heard a noise on the back of his wall. "It was like a three thump noise." (He pounded with his fist on the table three times.) There is an air conditioner on that wall (the wall faces south). There is a small path outside that wall, next to a fence along the border of the property. Also, a picture on that wall tilted when he heard the thumps, and Kato thought there was an earthquake. He told Rachel, "Hey, did we have an earthquake?" "Then I said to her I thought we had an earthquake; and it startled me because I had never heard that noise before. The picture moved and I was scared, thinking possibly that might be something, someone." Kato said he thought he had been on the phone with Rachel a half hour when he heard the thumps. He hung up the phone within one to five minutes after hearing the thumps.
He told Rachel he was going to check the noise. He got a little flashlight from his drawer and told Rachel, "If I'm not back in ten minutes, start to worry." He hung up and went outside. He followed a sidewalk path to the front drive near the gate on Ashford (he marked an "R" on the diagram). He was running, and he saw a limousine out in front of the Ashford gate. The limousine was dark, and he did not see anyone in it. He saw Chachi, the black Chow, in the driveway. He said he was walking toward the garage and around it, and the flashlight was dim, the beam was bad and he was scared.
"So after I stayed there (beside the garage), I went back out this way (around front), noticed that 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." He did not initially let the limousine in when he first saw it; it was after he went to the garage area.
When Kato first walked back towards the limousine, he noticed a golf bag in the front door area. (He put a "G.B." on the exhibit.) He did not see any other bags. Kato said the bag he first saw was at the driveway area, parallel to the front door. It was in a Swiss Army "sack." He saw it and put it in the trunk right after the limousine drove up. Then when he went back towards the front door/garage, he noticed another bag.
The limousine pulled up directly in front of the front door area where it is marked "G.B." Kato told Chachi to move, and the dog moved as Kato waved him on. Kato talked to the driver about four feet away. He then helped the driver put the golf bag in the trunk. He asked if they had had an earthquake. Kato was very excited at the time, and was telling the driver all about it. Then Kato went back to the area behind the garage. He stopped on the way and called Chachi, trying to get the dog to go with him. Chachi came and then ran away.
Kato said there is a steel gate just south of the garage that is "not connected." You have to pick it up and move it. Then beyond that there is another steel gate you have to open to get to the area behind his room. He went through the first gate, and went to the second gate, but did not open it, then came back out. When he came out the second time, he saw a bag on the grass near the Rolls Royce. He put a "B" on the exhibit. It said it "was like a knapsack type bag, a backpack like you put books in." It was "dark." It could have been there when he first passed that spot but he did not notice it. Then Kato walked back and O. J. was outside with the limousine driver, by the limousine. Kato said O.J. was wearing dark sweats. Kato did not see any injury to O.J.'s hands before he got into the limousine, and no bandaids. He did not remember O.J.'s hair being wet.
Kato told O. J. about the noise he had heard behind his room, and that he had a bad flashlight, and asked if there was a better flashlight to check the noises out. He was thinking if it was not an earthquake it might have been someone trying to break in. He had first asked the limousine drive if he had a flashlight, and he said no. He then asked O.J. and they went inside the house. Kato followed O.J. to the kitchen area (he did not get into the kitchen). O. J. said, "Oh, it's that late already? Is that the right time?" and he went back outside to the limousine, so they did not get the flashlight.
Kato asked the driver if he was going to make it on time, or something to that effect. O.J. got in the limousine and they left from the Rockingham gate. Kato pushed the button to the gate. The Rockingham gate locks automatically; you could get in on the Ashford side without a key. The Rockingham gate needs a key. After they left, at about 11:15 to 11:20, Kato was still bothered by the noise and he went to his room. He called Rachel and then call-waiting came in and it was O.J., who said he forgot to "alarm the house" and asked Kato to do it. Kato said he didn't have the code. O. J. gave him the code.
O. J.'s demeanor from the first time he saw him with the driver until they left, and on the phone call to Kato afterward, O. J. was rushed, but not angry, upset, scared, sad, or depressed. He did not look drugged or high. Kato said he had known O.J. for a year. Kato said he has seen people after they smoked (pot) or were intoxicated. Kato said that he had lived at the Rocking house for six months, and O. J. was gone a lot. It was surprising to see him, and this was more than he had ever seen him. He did not see O.J. daily, but would sometimes see him with the kids and would hang out with them.
Kato described his room: The pool is straight across from his room. You go down steps. As you walk in, there is a bed right inside to the left, closets, and behind those is the bathroom. The guest house is connected to the main house. There is a door which can only be unlocked from inside the main house. GiGi would unlock it so he could do his laundry. There are two other guest house rooms, the one next to Kato was Arnelle's, and the last one was GiGi's. Kato said he could hear someone walking down the path behind his room if the bathroom window was open and he was in there, maybe if he was in the bed. He did not remember if the window was open that night, but it was probably closed because it was usually closed.