Kato first met Nicole in Aspen, Colorado, in December, 1992. He was there for seven days with his friend, Grant Cramer. He remembers Faye Resnick was there also. Nicole was already divorced. He was invited to a party at Nicole's home on Gretna Green in January, 1993. Kato described the house and said there was a guest house. When he found out nobody lived in it, he asked Nicole if he could live there. The rent was $400 to $500 for rent, and he would help with the kids and Nicole would reduce the rent when he kept the Sydney and Justin. He moved in sometime in February, 1993, and lived there until January, 1994, when Nicole moved to the house on Bundy.
She wanted him to move to Bundy, where he would have been in the same house, with his own room and bath. However, OJ asked him not to move there. OJ did not think it was the right thing to do for Kato to live in the same house with Nicole and the kids. So OJ offered Kato the room at Rockingham for free, for as long as he wanted to stay there. Kato and Nicole were just friends. Kato offered to pay rent and OJ said he didn't want his money. At Rockingham he was in a guest house with a bedroom, bathroom, an office area, and there was a kitchen area by the tennis courts. Kato described the layout of the property. He said that in May he started looking for another place to move to. He had made an application for a place in mid-May. He also made an application to share a house with someone in Brentwood. He had been looking for a place prior to May, however, because OJ's previous maid, Michelle, was saying things to him like OJ didn't want him there. But OJ never said that to him or asked him to move. OJ told him he would tell him when to leave, not Michelle.
On June 12, 1994, Kato and OJ were at the house alone. Gigi was not there and Kato didn't see Arnelle. He first saw OJ about 2:00 to 2:30 in the afternoon, in the kitchen. OJ told him he had played golf and cards that morning. He told Kato about the recital at 5:00. OJ said he and Nicole weren't together any more. OJ mentioned that Paula Barbieri had wanted to go. OJ wanted it to be just a family thing, and Paula was upset because he didn't want her to go. Kato couldn't remember whether Paul called that afternoon.
Kato identified photos of OJ's garage. Kato indicated that on June 12, Paula Barbieri had called OJ. OJ told Kato Paula wanted to go to the recital but OJ didn't want her to go. Also that OJ wasn't sure that Paula was the one he wanted to marry. Then Kato and OJ talked to Kato's friend Tracy Adele. After that, Kato left and went to play basketball between 3:00 - 6:00 p.m.
About 6:30 or 7:00 OJ called Kato, who was in his room watching basketball. Kato went to OJ's kitchen. OJ talked about the recital and how great Sydney was. He also said he wanted to spend time with Sydney but Nicole wouldn't let him; he spent a short time with her. He also mentioned Nicole and her friends and the way they dressed in short clothes and wondered what they would look like as grandmothers. Nicole was wearing a "tight outfit that night. (Kato said OJ was "upset" when he said this.) He also let Kato know that he and Nicole "weren't together any more." Kato said OJ was not angry with Nicole (i.e., yelling or screaming). He said he didn't know if Paula was "the one." OJ told Kato he was taking a red-eye flight to Chicago that night. Kato then asked if he could use the Jacuzzi. He then "took a Jacuzzi" about 7:30, finished about 8:30, then went to his room and called a friend named Susan. Then OJ came to Kato's door and told him he left the Jacuzzi on, but OJ would turn it off.
Kato then called his friend Tom in San Diego, at 9:03. While he was on the phone with Tom, OJ came to his door again. Kato told Tom he would call him back. OJ said he only had hundred dollar bills and needed a $5 for the skycap, and asked Kato if he had change. Kato gave him a $20 bill. He put the $20 in OJ's hand and did not see any bleeding or cuts. Then OJ said he was going for a hamburger. Kato asked if he could go along. OJ was wearing a dark sweat suit, either blue, dark blue, or black, long sleeves. They then went in the back door, through the bar area, and out the kitchen nook door to the front, went to the Bentley which was parked in the driveway facing the Rockingham gate. They left at 9:10 p.m. Kato did not notice any other cars parked outside when they left.
In the car they talked about OJ's red eye flight. OJ was tired, Kato suggested he take a nap, OJ said he didn't have time and directed Kato's attention to the clock. They were at San Vicente and 26th, and the time was 9:15 or 9:18. Six minutes later, or maybe 9:22, they pulled into the McDonald's on Santa Monica and went through the drive-through. (Kato did not know why OJ did not go to a closer McDonald's on San Vicente.) Kato gave OJ another $20 to pay for the food. OJ gave Kato his change and Kato did not see any blood or cuts on his hands. OJ did not get change for the first $20 for the skycap. They got their food about 9:25 or 9:26. Then they drove home, OJ eating as he drove. Kato ate a few french fries. Kato thought they got home about 9:40, and Kato thought they entered through the Ashford gate. He did not notice any other cars parked outside the gate. They parked the Bentley in the same place it had been parked. Kato said OJ usually drove a Bronco and parked it outside the Ashford gate. Gigi sometimes also drove it.
When they returned, they got out of the car. Kato walked toward the kitchen, intending to go inside. He turned and saw OJ still at the car and turned and went to his room to eat. He and OJ did not have any conversation after getting out of the car. Kato went to his room, ate, and called Tom back at 9:37 [per the telephone records, so they got home earlier than 9:40]. Then Kato went into the office area and tried to use a typewriter, having some problems and moving it to different electric outlets. He gave up about 10:10.
Kato then called his friend Rachel Ferrara. While he was on the phone with Rachel he heard a noise on the south wall of his room, next to the south pathway of the property. It would be possible to out his bathroom window and see the pathway, and a wire fence on the far side of it, but he couldn't see to the right or left of the window. The air conditioner in Kato's room juts out over the walkway. Kato was talking to Rachel while sitting on the bed, leaning against the headboard. The headboard of the bed was up against the south wall.
Kato described the noise as follows: "I heard a loud thumping noise." Marcia Clark asked how many thumps did he hear, and he said three. She then asked him to demonstrate the noises, and he thumped three times on the top of the table in front of the witness stand. The noise was coming from the wall right behind where he was sitting. There was a picture on the wall next to the bed, and it tilted when he heard the noise.
He had been on the phone with Rachel about 30 minutes, so it was about 10:40 p.m. when he heard the noise. Marcia Clark asked if that time was exact, and Kato replied about 10:40.0 Marcia pointed out he had previously testified to 10:40 - 10:45, and Kato said that was correct. Kato asked Rachel if there had been an earthquake and she said they didn't have one. Kato was alarmed because if there was no earthquake he was afraid there was someone outside on the pathway. The noise started to the right of Kato's bed where the air conditioner was. About two - three minutes later Kato told Rachel he was going to go check it out. He took a small pen flashlight out of his dresser. He walked past the pool and along the path that goes to the front of the house, ending up at the driveway near the Ashford gate.
Kato said after hearing the noise, he was on the phone with Rachel another 2-3 minutes before going outside. He said it was about 10:43-10:44 when he went outside. [He testified here it was 10:40 when he heard the noise, Marcia Clark got him to agree to 10:40 - 10:45, making it 10:43 to 10:48 when he left his room. How long to get the flashlight?]
Kato saw a limousine sitting at the Ashford gate. He could not see anyone inside the limousine, it was dark in the area, no headlights on. There were dim outdoor lights on by the driveway. Kato did not let the limousine driver in because he knew the limousine driver could buzz the house from the gate. He thought there was a reason the limousine driver was waiting there. He saw the limousine at approximately 10:50 p.m. He thought there were lights on upstairs in the house, but not downstairs.
After noticing the limousine, Kato went to the south side of the garage to check out the noise. There is a gate there you have to pick up to open (it is not locked). He picked up the gate and leaned it against a tree, and went just a little way beyond it and stopped. [NOTE: The gate was closed when Kato got there--would OJ, in a hurry after the murders, have closed the gate?] It was very dark. The flashlight was dim and he couldn't see. So he turned around and went back around the front of the garage. The limousine was still sitting there. Kato thought he should let him in, so he walked to the gate and pressed a button to open the gate. The limousine drove in, and Kato told him to watch out for the dog (Chachi, a black chow). Chachi was lying in the driveway by the gate control box. Chachi moved to the grass next to the gate. The limousine pulled up in front of the front door.
When the limousine drive got out of the car, Kato asked him if they had an earthquake. Kato said, "I don't know if I mentioned about oversleeping or not. I said did OJ oversleep, or if he said OJ overslept, but that came up and I said, Oh he's got a flight to catch." He was still afraid or nervous about the noise and was telling the driver about it. Then he picked up OJ's golf bag which was in front of the front door, right at the driveway, and put it into the trunk of the limousine. Then he tried to get Chachi to go with him to check out the noise. Chachi didn't. Kato went back there again.
This time Kato went a little farther. He went through the first gate, but not the second. gate. He could only see about seven feet ahead. He stopped and went back because he was scared and wanted to get a better flashlight. He went back around front. At this point OJ was outside with the limousine driver.
Kato then noticed a "knapsack" near the Rolls Royce, near the right rear taillight, on the grass and the cement. It was black with brown on it. He described it like a college knapsack, about a foot and a half in length and a foot high. It was an area near one of the dimmer lights, it was a dark color. When they were loading bags into the car, Kato said he would get the knapsack. OJ said, "I'll get it" and walked in the direction of the knapsack. Kato assumed OJ got it.
At this point, Kato started telling OJ about the noise, the earthquake or maybe somebody was back there and he was going to investigate but he had a lousy flashlight. Kato asked the limousine driver if he had a better flashlight but he didn't. Kato asked OJ if he had a better flashlight. When he told OJ about the noise, "he was going to take one way and I was going to take one way, and I said this is a lousy flashlight so he was going to go inside and check." Kato said, "So I went inside the house, I followed behind, and he got towards the kitchen area and I was toward the front door, and turned behind him and not yet in the kitchen, and I didn't look but he said it's that late and he didn't have time, so he didn't get the flashlight and he had to catch his flight." Kato said he was inside the house, in the foyer area, and it was about five feet to the kitchen door, and he was about a foot from the kitchen door and OJ was in the kitchen when OJ decided he didn't have time. They turned around to go back outside.
While they were in the foyer OJ was asking Kato to set the alarm and Kato said he didn't know the code or how to set the alarm. He thought OJ said he would set it. Kato did not notice any injury to OJ's hands at that time. OJ was rushed, and frazzled because he was in a hurry. OJ got into the limousine and they left by the Rockingham gate. Kato pressed the button on the gate to let them out. It was about l l:15 p.m. The gate closes and locks automatically. Marcia Clark asked if he could get into the Ashford gate without a key and Kato said yes, if you knew how to set the hinge. Kato noticed after they left that the light was green on the alarm next to the front door, meaning it was not set. Kato did not go into the house, but back around the path to his room. He did not have a key to the house.
He called Rachel back; when he heard the noise, he had told her he would call her back in ten minutes, and it had already been about 20 - 25 minutes. While he was on the phone with Rachel, his phone beeped (he had call-waiting) and another call was coming in. This was about 11:40, and it was OJ who said he had forgotten to set the alarm and wanted Kato to set it. He told Kato the code, and what buttons to press. Kato agreed and hung up with OJ, told Rachel he had to go set the alarm and hung up with her. Kato went back around to the front door and set the alarm. He waited a few seconds until the green light went to red, meaning it was set, just as OJ had told him. Then he went back to his room and called Rachel back. [NOTE: The alarm was set at about 11:40 p.m., but was it set the next morning? Not according to four detectives and Kato because they maintain Arnelle took them in the back door where she couldn't disarm the alarm. She insists they went around to the front door because of the alarm.]
Kato was scared because he thought there might be somebody around. He stayed on the phone with Rachel for more than an hour, until about 1:00 a.m. He didn't hear any voices, noises, or barking. It was 65 degrees, sort of cool, and not clear. He turned the light off about 1:30 a.m. He did not sleep well because he kept thinking about the "thumps." He also kept hearing a phone continually ringing inside the house. He didn't know exactly the time but would guess 3:30 or 4:00.
Then Kato was awakened between 5:00 and 6:00 a.m. by a knocking on his door. It was four detectives from the LAPD. Marcia asked if they were all wearing suit coats and ties. Kato said yes he thought they were. They asked his name, did he live there, who else lived there, did he own a car or a truck. Kato had just awakened, and was startled, shaken, disoriented and confused. He asked them, "Is everything okay? Did OJ's plane crash?" He admitted he may have said "Did the plane crash?" They asked if he had keys to the house and he said no and pointed them to Arnelle's room. One or two of the detectives stayed with him while the others went to knock on Arnelle's door. They pounded on her door for two or three minutes.
Detective Fuhrman went inside Kato's room and looked around. Fuhrman asked what clothes and shoes he wore the night before. Kato showed him his pants on the chair and the boots. He showed him the typewriter in the office where he was trying to type the night before, and brought up the noise, the thumps he had heard. Kato did not remember whether he told Fuhrman what time he heard the noise. Kato described the thumps, the picture moving, and that he thought it had been an earthquake. Fuhrman asked what Kato did the night before, and he told him about talking to Rachel, and about the limousine. He did not think he told him when the limousine left. Fuhrman also gave him a test for drugs, by holding up a pen and asking Kato to follow it with his eyes. He asked if Kato had been smoking marijuana (he had not).
He thought they were talking in his room for about five minutes and then went into the house with the rest of them. Arnelle had the key and led the way into the main house. He entered the house ahead of Fuhrman. He said when you go in that door there is a bar area and he sat down on a stool and Detective Vannatter sat down next to him. Fuhrman did not sit down, he left the room. Vannatter talked to him and he went over pretty much the same things as he had with Fuhrman. They were the only two in the bar area. Vannatter took notes. Kato told Vannatter that Simpson was in Chicago, and that he had taken a limo the night before, leaving about 11:15. He told him about the noises, the thumps, and that he had heard them about 10:40 p.m.
During the conversation he heard Arnelle scream, "Oh my God!" from the kitchen. Then Vannatter told Kato that Nicole had been murdered. Then Arnelle came in and they hugged, then they all went into the kitchen area (Kato, Vannatter, Arnelle, and Lange--he wasn't sure whether Phillips and Fuhrman were there or not). Then Detective Lange and Arnelle made a phone call. Arnelle then called Nicole's mother and gave the phone to Lange. Vannatter then asked Kato if he knew where the keys were to the Bronco, and Kato started looking for them, but didn't find them.
Then Sydney and Justin showed up and Kato started playing video games with Justin and Sydney was lying down. Kato went and changed clothes and came back. About ten minutes later, he was asked to leave the property. He was escorted out to Ashford by a police officer. He was told to be careful of the blood in the foyer as they went outside. He saw blood drops. He was taken to the Ashford gate to wait for a police car to take him to a police station. He was taken there and interviewed by officers Brian Carr and Paul Tippin. He was there a long time, they would interview him for an hour or two and then he would wait a long time and then more interviewing. He thought it was over about 4:00 p.m. Then he was going back to Rockingham but the police told him that was not a good idea and they dropped him off at his friend Grant Cramer's place.
At that point, Kato was exhausted, and Grant kept asking him questions. At some point Howard Weitzman, OJ's attorney, and OJ called him on the phone. Possibly Cathy Randa got him on the phone first. After the interview, Kato had called his number from the police station to get his messages. He didn't remember calling OJ's number, but he may have. They talked in a three-way conversation for about two to three minutes. Kato said they just told him to tell the truth. (Marcia then asked how often Kato had gone to dinner with OJ. Other than eating together two or three times at the Gretna Green house, Kato had gone once with OJ and the kids to a Sizzler.) Kato also had a conversation with Skip Taft that day, but he didn't remember what phone call. He may have talked to Cathy again and OJ., possibly Weitzman for about five minutes. He and OJ just talked about what a strange night it had been with the noises.
Kato eventually went back to Rockingham to get some of his things. It was late, after dark--about 9:30 or 10:00, and Grant gave him a ride. There were a lot of OJ's relatives there, and Arnelle and Jason. Kato talked to OJ about what he had heard the night before, and going to McDonald's, the time frame, and OJ said Kato saw me go back into the house after they got back, Kato knows I was in the house. Kato said he did not see him go into the house. Kato said he thought then he left Rockingham sometime after midnight and stayed at Grant's house. Grant's girlfriend and another friend were there and maybe Rachel Ferrara.
The next day, June 14th, Kato got a call from Cathy Randa asking him to come into OJ's office. He went there and was interviewed by Skip Taft and Robert Shapiro. They recorded the interview. But first that morning, he had gone to Rockingham; Grant took him over there. He may have talked to OJ. but didn't remember. Arnelle and her friend Jonah took him to OJ's office for the interview. The interview lasted about two or three hours, and he went back to Rockingham. Kato said he probably went back to Rockingham that night but wasn't 100 percent sure. He remembered going back and forth to Rockingham; he couldn't remember the dates. He would hang out with Gigi and she would sleep on the bed and he would sleep on the floor. He was exhausted and wasn't sleeping well. He may have spent one night with Grant. He probably told grant about the interview with Taft and Shapiro. He was also interviewed two or three times sometime during the summer by two investigators hired by OJ, named Hostetler and Pavelik. Kato's lawyer was there too, and his lawyer had met with OJ's lawyers without Kato as well.
(Incomplete and in progress as of 10/3/98)
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