The Smoking Gun

Simpson scaled his fence to enter his estate, after returning from Bundy.

 

 

This photograph, Figure 13, taken from Simpson's video tape, "O.J. Simpson, The Interview" (1996) is courtesy of Dick Wagner.  Simpson is shown standing on the small path behind Kato Kaelin's room where Kaelin testified he heard noises on his wall.  Simpson is demonstrating that the noises Kaelin heard might have been from someone pounding on his back wall.  This is contradicted by what Kaelin testified to and is even disputed by Simpson's own defense team.

Notice the top of the fence.  Some bent wires bend inwards.  These may very well have been caused by Simpson's weight when he put his foot on the top of that fence to scale it.

This photograph shows exactly where Simpson could have scaled his fence and fell against Kaelin's wall, causing the noises that Kaelin heard and a picture next to Kaelin's bed to completely tilt.  It is the same place on the wall that Kaelin told us he heard the noises and felt vibrations against his back.

Notice the fence post.  At the bottom of that fence post is exactly where the killer's right hand glove was found and immediately on the other side of the fence a small light blue package was caught on the fence.

 

****

 

The video tape was marketed as 1-800-OJTELLS.  In this part of the video, Simpson led the camera crew on the south path.  Simpson walked down to the air conditioner, talked some there, pounded on the wall, (Figure 13) and then talked about the glove that was found.  While talking he looked at the fence and saw the bent wires.  He did a double take, stuttered for a second, turned back to the camera continuing to talk about the glove.  He then walked back down the path.

Why did Simpson do a double take when he saw the fence?

 

 

At the time of the murders, a lot of foliage that hung over the top of the fence from the large Eugenia trees.  Simpson had been on the south path several times after the murders and that was how it always looked.  But by the time Simpson made his video tape, about two years later, changes had been made that Simpson was unaware of.  A gardener had thinned out the foliage above the fence behind Kaelin's room.  Simpson told us that in his deposition.

The video tape clearly shows an open area above the fence, between the thick growth of Eugenia trees.  The thinning of the foliage also exposed the wires at the top of the fence that had been previously hidden.  It exposed the bent wires.  Bent inwards, towards the wall, completely consistent with someone standing on the other side, and putting their foot on top of the fence to scale it.  Is that why Simpson did a double take?  Because he knew what they meant, because he bent them?

 

 

 

The place on the wall where Simpson pounded, is pretty much the same place where Kaelin said the noises came from.  It's a strong wall.  Stucco on the outside and wood paneling on the inside.  When Simpson jumped off the top of the fence, he hit the wall.  It's obvious how big Simpson is compared to the small path, and how close the wall is to the fence.  Simpson's momentum most likely carried him into the wall before he hit the ground, dropping his glove.  That was the noise that Kaelin heard and the vibrations that he felt.  And that was the kind of force it took to completely tilt the picture on the wall, next to Kaelin's bed.

It seems we have Simpson to thank for making his 1-800-OJTELLS video tape, and showing us exactly where he entered his property the night of the murders after he returned from Bundy.

 

 

 

This photograph shows Simpson's right hand glove as it was found on the south path, and a small light blue package caught on the other side of the fence.  Notice the fence post.  This is a picture of the bottom of the same fence post that is shown in Figure 13.

The day after the murders, Mark Fuhrman entered the property on the other side of the fence and at some point made his way to the package. He collected the small light blue package, put it in an envelope and handed the envelope over the fence to Dennis Fung, the criminalist in this case.

Simpson could very well have reached the fence the same way that Fuhrman did.

 

 

Here is a smaller but clearer photograph of the glove on the south path. The photograph is courtesy of Dick Wagner. Thanks to Brian Murray who was the first to recognize the fact that there are fresh green leaves shown on the ground near the glove. Further evidence that when Simpson pushed his way through the Eugenia foliage hanging over the fence, some fresh leaves may have fell to the ground.

 

 

 

 

 

 

Kato Kaelin Deposition, February 14, 1996

Q: Now, to the right of the bed is a lamp, right, and you can
see that in Exhibit 83. Correct?
A: Correct.

Q: And to the right of the lamp is an air conditioner. Right?
A: Yes.

Q: So the air conditioner is actually located on the opposite side
of the bed from where the picture is. Right?
A: Yes.

Q: And it's about how many feet between the air conditioner and
the picture? What's your best estimate?
A: Looks like about eight feet.

Q: And the air conditioner is what, at eye level?
A: Yeah.

Q: And can you describe to us, by looking at exhibits 82 and 83,
where that loud sound was that you heard on the wall?
A: The loud sound I heard on the wall would be more right here
(Indicating). It happened right about there--

Q: The center of the bed?
A: Towards the center, the beginning of it, and it kinda finished
up maybe a foot and a half more there (Indicating) then.

Q: Hold on. Let me just--let's try this again. I want to be real
precise here.
A: Okay.

Q: You think that you first heard this noise around the center of
the headboard?
A: Right.

Q: And then it kind of migrated towards the left?
A: On the third one . The noises were boom, boom, boom, like that,
and the third one was probably a foot off from the original. It
seemed like it was hitting a pattern, like a boom, boom, boom.

Q: With the noise going in what direction? Air conditioner to phone?
Air conditioner to the picture?
A: Yeah, air conditioner to the picture.

Q: And did the noise--could you tell where on the wall the noise
appeared to sound?
A: Yeah. It was probably right where that arrow would be pointing
behind there. It would be--

Q: What height?
A: Oh, okay. It would be right--it's about five feet.

Q: You tell me.
A: It would be--So if my back is up against the headboard, I can
just point to you where I heard the noise.

Q: Yeah.
A: It would be right about there (Indicating).
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.

Q: Is that right?
A: Yeah. Yes, it is.

Q: On the air conditioning side.
A: (Nods head.)

Q: Now, you said the picture moved. Okay?
A: Yes.

Q: How many--how much did the picture move?
A: It moved at least six inches. It tilted completely.

Q: Tilted completely.
A: Yes, the picture tilted.

Q: In what direction did it tilt?
A: It tilted--the picture would have gone that way (Indicating).

Q: So the bottom part of the picture, did it go towards the bed or
away from the bed?
A: My recollection it was away from the bed. That part went towards
the bed (Indicating).

Q: The top went towards and the bottom went away.

 

Kato Kaelin, Civil Trial, November 19, 1996

Q. And after you got off the phone call with Tom, what did you do?
A. I was going to type up resumes. I -- there was a typewriter in
the office area, so I plugged it in two outlets and I tried to plug
it in everywhere and it wasn't working. After I sort of gave up on
it, I called up Rachel.

Q. And who is Rachel?
A. She was a friend of mine.

Q. And she's a local call?
A. Yes.

Q. And you spoke to Rachel on the telephone?
A. I did.

Q. What else did you do?
A. Well, the time I was talking to her I was kind of -- had the
phone in the bed. I said, Rachel, I'm plugging in this typewriter,
it's not working here. I was explaining to her that the outlets
weren't working. And I stayed on the phone with her for awhile.

*

Q. Okay. Were you looking at the clock and watch at all?
A. No.

Q. Then what happened?
A. Then I heard these three noises that were thumps, three loud
thumps, and my picture moved in the...

MR. PETROCELLI: Can we have the photo of his room with the picture.
This is 143 on the television monitor.
Give me 194, Steve.
(Exhibit 194 displayed.)

Q. (BY MR. PETROCELLI) When the noises occurred, did you look at a
watch or a clock?
A. No.

Q. And you said a picture moved. Can you point to Exhibit 194 and
tell us what picture you're referring to?
A. This picture. It just moved after I heard the thumps, the picture
moved that way.

Q. It tilted a little bit?
A. It tilted.

Q. How do you know that it moved?
A. I saw it.

Q. Now, where were you at the precise time that you heard these
noises?
A. Leaning up against this bed, like that, talking on the phone
(indicating).

Q. Talking on the phone?
A. (Witness nods.)

Q. So your back was against the head board?
A. Yes.

Q. And you said you heard these noises. What did they sound like?
A. Like someone falling back behind my bedroom wall.

Q. And what makes you say that?
A. Because that's what it sounded like to me after --

Q. You previously testified about the rhythm and volume of these
noises. Do you remember that?
A. Yes.

Q. By hitting the witness stand. Can you demonstrate that to the
jury, the rhythm and the volume of the noises.
A. (Witness pounds witness stand three times.)

Q. And did you feel anything against your back?
A. Yes.

Q. What did you feel?
A. Vibration.

Q. Okay. What did you then do?
A. Well, I talked to Rachel on the phone, I said, Rachel, did we
just have an earthquake?

Q. Why did you say that?
A. I kind of wanted to believe that it was an earthquake because
the picture moved. And she said no.

Q. Why did you want to believe it was an earthquake?
A. Because I didn't want to believe there was someone back there.

Q. And what did Rachel then say?
A. She said no.

Q. What did you then do?
A. I explained to her what had happened, the picture moved, and I
said I should probably check on this.

Q. What did you do?
A. I got off the phone with her and then -- I have a flashlight, pen
light, in the drawer, and I went to check on the noise.

Back to Kaelin

 

 

 

 

 

 

Lawrence Schiller, American Tragedy, Page 145

On Sunday afternoon, June 26, Shapiro, Kardashian, Pavelic, and
Drs. Baden and Lee played sleuth during their critical official
visit to Rockingham.

Inside Kato's apartment, they banged hard on the wall. The picture
didn't move. Kardashian led half the team to the back walkway.
He and others rammed into the wall like football players. Again,
the picture stayed motionless.

Back to defense team

 

 

 

 

 

Deposition January 23, 1996 EXAMINATION BY MR. BREWER:

Q: Mr. Simpson, I want to focus for a couple minutes on the
Rockingham property, and on three specific time periods, the first
being 6-12-94, and then the second time period the time that you
were shooting the videotape. All right? You awake?
A: Uh-huh.

Q: All right. Between those two time periods has there been any
substantial changes in the foliage of the property?
A: I'm sorry. Between when I shot the video?

Q: 6-12-94 and when you shot the video, has there been any
substantial changes in the foliage? Have you done any plantings,
any changes in the foliage to the property?.
A: Okay. Since the 6-12 of '94 to the video that was shot this
time?

Q: Yes.
A: I would think that it's a lot thinner. That I could tell you
specifically: It's a lot thinner along the southern portion.

Q: By the pathway?
A: Yes.

Q: Okay. Was that thinned out under your direction?
A: No.

Q: Okay. Was that through the gardener?
A: Evidently.

Q: Okay. And you didn't have any discussions with the gardener
about thinning out that area?
A: No.

Back to Deposition

 

 

 

 

 

Dennis Fung, Criminal Trial, April 5, 1995

Q AND THEN THE FOURTH TIME YOU WENT THERE, YOU
WENT WITH WHOM?
A TO THE BEST OF MY RECOLLECTION IT WAS MYSELF.
I WENT BY MYSELF AND DETECTIVE FUHRMAN WENT ON THE OTHER
SIDE OF THE FENCE.

Q SO IN OTHER WORDS, YOU WERE WALKING DOWN THE
SOUTH WALKWAY AND DETECTIVE FUHRMAN WAS WALKING ON THE
OTHER SIDE OF THE FENCE?
A THAT'S HOW I REMEMBER IT.

Q THE TWO OF YOU WERE WALKING PARALLEL?
A WELL, WE ENDED UP AT THE OPPOSITE ENDS OF THE
FENCE, YES.

Q AND THEN IT WAS DETECTIVE FUHRMAN THAT POINTED
OUT THIS BLUE OBJECT ON THE OTHER SIDE OF THE FENCE?
A I THINK HE HAD INDICATED TO ME THAT THERE WAS
ONE BEFORE THAT POINT AND HE WENT OVER TO -- AT THAT POINT
TO HELP ME COLLECT IT SO I WOULDN'T HAVE TO WALK ALL THE
WAY AROUND.

*

Q AND IS IT YOUR TESTIMONY THAT HE PICKED THIS
ITEM UP AND HE HANDED IT TO YOU OVER THAT FENCE? IS THAT
HOW IT HAPPENED OR DO YOU RECALL?
A IT WAS IN A COIN ENVELOPE AND HE HANDED IT TO
ME OVER THE FENCE (INDICATING).

Back to Dennis Fung

Go to Petrocelli's Theory

 

 

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