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From: Jasper
Date: 3/23/01
Time: 11:33:12 AM
Kari,
The broken gate was the first one. Kato said that he had to lift it to open it. In other words, he testified that the gate was closed and that it took a special effort to open and close it. The second gate was not broken. Kato testified that he did not go beyond that gate because it was dark and scary and his flashlight didn't work very well. He said that he went back there to check out the thumps.
Fuhrman said that both gates were wide open. One of them lied. If Kato was behind the house farting around with drugs or planting the glove, it makes Kato the liar.
Mark Fuhrman said that he went to the side path because of what Kato said about the thumps. If your idea is to plant the glove where no one but you is likely to find it, you have to scout the area carefully beforehand (Rosa's voices between 12:00 and 12:30) and then make sure that nobody has already looked where you intend to plant it. You also need a damn good reason for being there and a sure-fire way of confusing the issue of who did what and why. These are all ESSENTIAL requirements to guarantee a successful plant. The thumps, together with the interview (and someone exactly like Brad Roberts to carry the glove to Rockingham) meet all of those requirements.
The operative word here is "guarantee." An ordinary loud noise could not have guaranteed that Kato would regard it as unusual. And there was no guarantee of what he would do when he felt the wall shake with three rhythmic thumps. Fuhrman did not talk to Kato until he was alone with him (nobody knows where Roberts was). He then asked Kato if anything unusual happened the night before. Kato did not approach him, pull him over to one side and say, "Hey, let me tell you about these weird thumps." When Fuhrman interviewed Rosa Lopez he did not ask her a thing about unusually happenings the night before. She volunteered what she heard about the men's voices. Fuhrman never reported that he talked to her at all.
As far as Kato "shadowing" O.J. on the 12th, and confirming his "dark mood," that's not what happened at all. That's just Marcia's spin on what happened. They were together only long enough for O.J. to give his permission. Kato so him again when O.J. approached him and told him that he had left the water on. O.J. approached him again to ask about money for the skycap and Kato invited himself to join O.J. at McDonalds. This is where Marcia accused Kato of lying because he refused to say that there was anything sinister about O.J.'s mood.
Kato said that O.J. was up-beat after the recital and seemed tired when they went to McDonalds. The only time Kato approached O.J. that night was to ask for permission to use the Jacuzzi. Kato never said that O.J. was in a dark mood. Marcia Clark asked that he be declared a hostile witness because he would not say it. -- Jasper