OJ Simpson Trial - March 20th, 1995 - Part 2 (Last part) — Transcript
Full transcript
- 0:05Looks like there was a total of
- 0:07approximately 24 people at the crime
- 0:09scene before my arrival.
- 0:12And it was important for you to
- 0:15determine whether any of those people
- 0:17had been
- 0:19in the general area of the crime scene.
- 0:21Is that correct?
- 0:24Yeah, I made that determination.
- 0:25And had any personnel been inside the
- 0:28general crime scene area?
- 0:31Inside the tape?
- 0:33Inside what you would describe Do you
- 0:34know what the general crime scene area
- 0:36is in police parlance?
- 0:38Yeah, that would be inside the security
- 0:40the area that's secured.
- 0:42Okay. Were any uh
- 0:45officers inside that area before your
- 0:47arrival according to what you
- 0:48determined?
- 0:49Yes.
- 0:50How many?
- 1:00I would say six. Six or seven.
- 1:04Are you familiar with a uh
- 1:07man by the name of William Bodziak?
- 1:10Yes.
- 1:11Is he one of the experts that have been
- 1:13employed by uh
- 1:15the prosecution in this case?
- 1:18Yes.
- 1:19And he's a member of the FBI?
- 1:20Yes.
- 1:21And is he one of the leading experts in
- 1:23the uh country on crime scene
- 1:25investigation?
- 1:29I think his specialty is on uh
- 1:31shoes. I I wouldn't say crime scene
- 1:33investigation.
- 1:34Footwear impression evidence?
- 1:36Yes.
- 1:38Have you read his books?
- 1:39No, I have not.
- 1:42Would you agree
- 1:43Objection.
- 1:46Premature at this point. Haven't heard
- 1:48the question.
- 1:49Would you Would you agree as a part of
- 1:52your education
- 1:53Pardon me, your honor.
- 1:55Counsel, how can I tell the question
- 1:58would you agree? How do I know what's
- 1:59coming?
- 2:03I'm saying it's premature until I hear
- 2:04the question, Counsel. I'm not
- 2:07I can't
- 2:08guess what the question's going to be.
- 2:11Mr. Shapiro.
- 2:12Thank you very much, your honor.
- 2:14Would you agree as an an expert in crime
- 2:16scene investigation that you should not
- 2:19allow anyone, including other law
- 2:21enforcement personnel, into the general
- 2:24crime scene area except when it is
- 2:26necessary to tend to victims?
- 2:29What's the objection?
- 2:30Leading the witness.
- 2:31What's the objection?
- 2:32He's leading the witness. He's asking a
- 2:33question that I'd like to see answered.
- 2:34Sustain.
- 2:40Would you agree
- 2:42that a crime scene should be secured
- 2:46immediately?
- 2:48Yes.
- 2:48Is that the most important thing to do?
- 2:51Yes.
- 2:51Is that the first rule of thumb for
- 2:54crime scene investigators?
- 2:58That's normally not done. That's the
- 2:59first rule of thumb for uniformed
- 3:01officers, yes.
- 3:03It should be done, but it's not done.
- 3:05No. Normally, investigators are not the
- 3:08first on the scene.
- 3:10Um
- 3:11it's been my experience in 26 years the
- 3:13uniform is there first. They secure the
- 3:15site crime scene and notify us.
- 3:17Aren't police officers all trained
- 3:22personnel?
- 3:23Trained in what, sir?
- 3:26Of course, they're trained personnel.
- 3:28Basic crime scene investigation?
- 3:30Definitely, yes.
- 3:31be something elementary that what
- 3:33happens if you arrive on a homicide
- 3:34scene, what to do?
- 3:36Yes, sir.
- 3:38That's just common sense, isn't it?
- 3:40Certainly is.
- 3:41And would you agree that
- 3:44a crime scene should be sealed and no
- 3:47one should enter it except to tend to
- 3:49victims?
- 3:52No one that's not involved in the
- 3:54investigation, yes.
- 3:55No. No one should enter it except to
- 3:58tend to victims. You can disagree with
- 4:00that.
- 4:00I do disagree with that.
- 4:01with that.
- 4:03And
- 4:05you've told us you haven't read any
- 4:07books by experts in the field. Have you
- 4:09consulted experts in the field as to the
- 4:12proper uh
- 4:14procedures
- 4:16regarding entrance into a crime scene?
- 4:21Have I consulted experts?
- 4:25I've met with many experts over 26
- 4:27years, yes.
- 4:28Is it very easy to disturb things within
- 4:31a crime scene?
- 4:37What are the dangers of entering a crime
- 4:39scene if you're not trained properly?
- 4:44Destruction and contamination of
- 4:45evidence.
- 4:51And
- 4:52when you're dealing now in the area of
- 4:54DNA, you're dealing with minute
- 4:57pieces of evidence, all right, true?
- 5:01Ultimately, they're minute, yes.
- 5:03Sometimes microscopic.
- 5:05Yes, that's correct.
- 5:06Sometimes they can't even be seen under
- 5:08a microscope.
- 5:10I don't know. That's way out of my field
- 5:12of expertise. I really don't know that.
- 5:15Didn't you learn about this
- 5:17in your continuing education?
- 5:19What, learn about doing testing on DNA?
- 5:21Wait, wait, wait. Wait, you're arguing
- 5:23with the witness. He says some things
- 5:25you can't see.
- 5:27All right?
- 5:28What is your What is the importance of
- 5:30footwear impression evidence?
- 5:36Is there Is Are you familiar with the
- 5:38term footwear impression evidence?
- 5:41Yes.
- 5:43Have you read any books?
- 5:45Well, first of all, do you know if there
- 5:46any books written on footwear impression
- 5:48evidence?
- 5:49Well, I'm sure there are collection of
- 5:51evidence, yes.
- 5:51And that would be something that To to
- 5:54be a homicide investigator, you have to
- 5:56have a broad knowledge of lots of
- 5:58things, don't you?
- 6:00Yes.
- 6:01And you have to understand basic
- 6:02forensic pathology?
- 6:07Uh
- 6:07that's probably a fair term, yeah.
- 6:09You have to understand the basic
- 6:12workings of a criminalist?
- 6:14Yes.
- 6:15You have to understand fingerprint
- 6:17analysis both latent and patent?
- 6:19Yes.
- 6:20You have to understand footwear
- 6:22impression evidence both latent and
- 6:23patent?
- 6:25Well, I'm not sure that you have to
- 6:28You You have to know what you're looking
- 6:30at, what you're seeing. Yes, that's why
- 6:32we have experts that assist us in these
- 6:34investigations.
- 6:35And you direct the experts, don't you?
- 6:37We point out the items, they do the
- 6:39collection, they do the uh the uh
- 6:45the comparisons and so on and so forth.
- 6:47I don't do that.
- 6:48the one who's walking by with a
- 6:50magnifying glass saying, "This is what I
- 6:52want to preserve."
- 6:53Like Sherlock Holmes with a magnifying
- 6:55glass, no. Yeah, I Yes, I go into the
- 6:58crime scene to acclimate myself to the
- 7:00scene,
- 7:01to know what's there so I can direct the
- 7:04criminalist when he gets there
- 7:06for the search for obvious evidence as
- 7:08well as
- 7:09latent evidence that may be there.
- 7:13Well, you said two things that are
- 7:14interesting. This search to know what's
- 7:16there.
- 7:16Mhm.
- 7:17Some things that are there
- 7:19are not apparent, isn't that correct?
- 7:21Oh, yeah, that's
- 7:22where your expertise comes in.
- 7:25Isn't that true?
- 7:28What are we talking about here?
- 7:30Fingerprints?
- 7:30Things that are not apparent.
- 7:32Well, what are What I mean
- 7:33Anything that may not be apparent to
- 7:36somebody who is not an expert detective
- 7:39like yourself.
- 7:42I
- 7:43I don't know what we're talking about.
- 7:45There's things that are not apparent
- 7:47here on this floor. What are we talking
- 7:48about?
- 7:49Well, let's say you were investigating a
- 7:50crime scene and something happened here.
- 7:52Would you want to
- 7:54cordon off this area of the floor for
- 7:57any reason?
- 7:58Absolutely, yes.
- 7:58Why?
- 7:59For uh
- 8:01for a examination by a criminalist, for
- 8:04trace evidence, for uh whatever may be
- 8:06there.
- 8:07What about footwear impression evidence?
- 8:09Is that something that has been emerging
- 8:10in the last 5 years?
- 8:13Has becoming very important in crime
- 8:15scene investigation.
- 8:16I think it's something that's been
- 8:17around for a long time, longer than 5
- 8:19years.
- 8:20When I say emerging, that there are
- 8:22recently developing new techniques to
- 8:25find latent footprints.
- 8:28Yes.
- 8:29To find impression footwear impression
- 8:32evidence.
- 8:33Yes.
- 8:33Do you know what I mean by that?
- 8:34Yeah, I sure do.
- 8:35That if somebody stepped on a carpet,
- 8:37that there are now techniques available
- 8:39to determine
- 8:41what shoe was used to make that to step
- 8:43in that area, even though you can't see
- 8:45anything with the naked eye?
- 8:48Well, I'm not sure about carpet.
- 8:49Normally they they lift those from hard
- 8:51surfaces. Uh
- 8:53not porous surfaces like a carpet.
- 8:56Do you have Have you read any materials
- 8:58in keeping up with the scientific
- 9:00literature on what impressions can be
- 9:02drawn from carpet?
- 9:04Is there any carpet in this case?
- 9:05Yes, in two locations.
- 9:08Proceed.
- 9:10No, I haven't.
- 9:12Is this the first time you've heard
- 9:13about that?
- 9:15First time I've heard about what?
- 9:16That you may be able to get very
- 9:19valuable evidence from carpet.
- 9:22No, it's not the first time I've heard
- 9:23that.
- 9:24So, I take it any area that there was
- 9:26carpet in, nobody would be allowed to go
- 9:28in.
- 9:32Sustain.
- 9:34Rephrase your question.
- 9:35If there was areas
- 9:37in a crime scene that had carpet,
- 9:39would you prevent people from going in
- 9:42there?
- 9:45Well, I would prevent
- 9:47anybody that wasn't working the crime
- 9:48scene from going into the crime scene,
- 9:50yes.
- 9:51But, to investigate a crime scene, you
- 9:54have to go into a crime scene to
- 9:56investigate it.
- 9:57But, you have to go in carefully, don't
- 9:58you?
- 9:59Extremely carefully, yes.
- 10:00And you have And you have to be aware of
- 10:02where potential evidence is.
- 10:05Absolutely.
- 10:06And if you're not aware of where
- 10:07potential evidence is, you could destroy
- 10:09potentially exculpatory evidence.
- 10:13That's a possibility, yes.
- 10:15And protective clothing is very
- 10:18important with the advancement of DNA
- 10:22collection of evidence, isn't it?
- 10:23Objection.
- 10:25Sustained.
- 10:26Are you aware of what is recommended for
- 10:29collecting and preserving DNA evidence?
- 10:32Objection.
- 10:33Overruled.
- 10:35I don't do the collection and testing of
- 10:38it, so I
- 10:40No, I I would have to say no on that.
- 10:43You're not aware of what should be done.
- 10:46I I just said no, I don't do the
- 10:48collection or the testing of it, so no,
- 10:50I'm not aware.
- 10:51Well, before you get to collection of
- 10:53evidence, it can also be destroyed or
- 10:56contaminated by even somebody as expert
- 10:59as yourself going into that area, isn't
- 11:01that true?
- 11:01Well, that's always a possibility, yes.
- 11:04And for that purpose, it is recommended,
- 11:06is it not, that footwear protection be
- 11:09used before entering a bloody crime
- 11:11scene?
- 11:12Objection.
- 11:14Grounds.
- 11:15Speculation.
- 11:16Sustained.
- 11:19Are you aware
- 11:21that
- 11:23professional standards
- 11:25require investigators to wear footwear
- 11:29covering
- 11:30when investigating sensitive areas where
- 11:33DNA evidence may appear.
- 11:36Objection.
- 11:37Grounds.
- 11:38May I ask the question?
- 11:40Sustain.
- 11:48It's obvious, is it not, that if you
- 11:49walk in with dirty shoes that you may
- 11:51contaminate a
- 11:52crime scene. Isn't that true?
- 11:55If you step in the evidence, yes, it is.
- 11:57And if you had dirty shoes that you may
- 11:59bring trace evidence from outside into
- 12:01the crime scene. Isn't that a
- 12:02possibility?
- 12:04Again, if you step in the evidence, yes.
- 12:06What if you walked into a crime scene,
- 12:07walked on a hair outside, and walked in?
- 12:10Is there a chance that hair could be
- 12:12moved from outside inside?
- 12:13Say that.
- 12:15Hold on.
- 12:16Say that again, please.
- 12:18You walk up to a crime scene, and there
- 12:20is a
- 12:21hair that you can't see on the sidewalk.
- 12:24Is there a chance that hair might stick
- 12:25to your shoe, and then you carry it in,
- 12:27and it can be discovered inside the
- 12:29crime scene?
- 12:30Objection.
- 12:31Speculation. Sustain.
- 12:37What effort does it take to wear
- 12:39footwear coverings?
- 12:43There wouldn't be much effort to it, I
- 12:44don't think.
- 12:45Is there any reason not to?
- 12:48No. Is there any reason not to wear head
- 12:50coverings in a crime scene?
- 12:53No. Is there any reason not to wear
- 12:55coveralls or other protective clothing
- 12:57in a crime scene?
- 12:59No. Is there any reason not to wear
- 13:01gloves within a crime scene?
- 13:03No.
- 13:04Are these things that would be overly
- 13:08burdensome to do?
- 13:10No.
- 13:19When you uh
- 13:22went through your training
- 13:24at homicide school, wasn't that one of
- 13:25the first things you were taught that
- 13:27when you enter a potential crime scene,
- 13:30don't pick up the phone?
- 13:34Yeah, that's a basic rule. Yes.
- 13:37What's the reason for that rule?
- 13:39Because you may have the telephone used
- 13:41by the suspect. You may have
- 13:42fingerprints on it. You may have trace
- 13:43evidence on it.
- 13:50What about using any of the facilities
- 13:53within the crime scene?
- 13:56Turning water on or off.
- 13:58That should not be done.
- 14:03Putting out candles.
- 14:09Nothing should be disturbed until the
- 14:10investigation is completed.
- 14:14Did you determine whether any of those
- 14:15things were done in this case?
- 14:18I found out later that the telephone was
- 14:20used. Yes.
- 14:22And that shouldn't have been done.
- 14:23That's the violation of
- 14:25It shouldn't have been done.
- 14:26rule of crime scene investigation, is it
- 14:28not?
- 14:28However, in this case
- 14:31the house did not appear or was not
- 14:33related to the crime scene.
- 14:36There was nothing to indicate that
- 14:38that the suspect had ever entered or
- 14:40anything had ever occurred in that the
- 14:42residence.
- 14:43So, your opinion today is the suspect in
- 14:46this case has never entered the Bundy
- 14:48residence.
- 14:48Oh, no. I didn't say that at all. It
- 14:51didn't appear that any aspect of the
- 14:52crime had occurred within the residence
- 14:55itself.
- 14:56When you start investigating a crime
- 14:58scene, you don't know what you're going
- 14:59to find, do you?
- 15:00Absolutely not.
- 15:01Therefore, everything is potential
- 15:02evidence, isn't it?
- 15:03Yes.
- 15:04And proper procedure would dictate
- 15:05following proper rules, would it not?
- 15:07Yes.
- 15:08And if there was evidence that uh may or
- 15:11may not have some value, what's the rule
- 15:14that you adhere to?
- 15:15It would be protected, collected, and
- 15:17booked.
- 15:18All right. When you walked through the
- 15:19crime scene, one of the first things you
- 15:21saw was a Ben & Jerry's ice cream cup
- 15:24and a plastic spoon.
- 15:26Correct?
- 15:28One of the first things that was pointed
- 15:29out to me, yes.
- 15:32And that was something that was reported
- 15:33in the notes of the previous homicide
- 15:36investigator.
- 15:39That he took note of, correct?
- 15:41Yes.
- 15:43So, obviously in doing your detailed
- 15:45note analysis, that's something that he
- 15:48deemed important. Is that correct?
- 15:53Well, I don't know whether he deemed it
- 15:54important. It was something that he
- 15:55noted.
- 15:56Is a plastic spoon something that is
- 15:58capable of getting latent fingerprints
- 16:00off of?
- 16:01I would think so, yes.
- 16:02What about a paper cup?
- 16:04Yes.
- 16:06Is there any reason why those items
- 16:07would not be taken into evidence?
- 16:10Yeah, they didn't appear to be connected
- 16:11to the crime scene from what I saw.
- 16:13But you didn't know at that time, did
- 16:14you?
- 16:16They didn't appear to be connected.
- 16:17But as of today, it's become an issue in
- 16:19this case, hasn't
- 16:21Sustained.
- 16:23Is there any reason What would What
- 16:25effort would it have taken
- 16:27to
- 16:29take those items into evidence?
- 16:31There would have been no effort if it
- 16:33was deemed necessary. They still to this
- 16:35day don't appear to have any connection
- 16:37to this case.
- 16:38But you don't know that, do you?
- 16:41Well, I think that's a fair assumption.
- 16:42Could you determine, perhaps, who was
- 16:45eating that ice cream by finding
- 16:47fingerprints on the cup?
- 16:50If they were there, yes.
- 16:51Might that have some importance?
- 16:54Well, I think it's been determined who
- 16:56was eating ice cream that night.
- 16:57Might that have some importance is my
- 16:59question.
- 17:03I still don't think it's connected to
- 17:04the crime scene. I don't see any
- 17:05importance to it.
- 17:07So,
- 17:09initially upon walking into a crime
- 17:11scene, you see something that's
- 17:13potential evidence, you determine by
- 17:15yourself
- 17:17as an experienced detective it probably
- 17:20doesn't have anything to do with this so
- 17:21we're just going to ignore it throw it
- 17:22out.
- 17:23Is that what you're telling us?
- 17:26I I don't I don't understand that. What
- 17:27do you mean? Are you speaking about a
- 17:29certain item or are you speaking about
- 17:31any crime scene or
- 17:32about this specific item.
- 17:34About the ice cream?
- 17:35Yeah, you saw it you didn't think it was
- 17:36of evidentiary value even though you
- 17:39have told us it could have a fingerprint
- 17:41on it and therefore you simply ignored
- 17:44it and had it thrown away.
- 17:46Objection.
- 17:47Sustained as to the last question.
- 17:56You immediately make decisions, don't
- 17:58you?
- 18:02Not all the time.
- 18:03You make them very quickly, don't you?
- 18:06No, not all the time.
- 18:07And you're not easy to change your
- 18:09opinion, are you?
- 18:10No, that's not true. I am.
- 18:12And if you had to do it all over again,
- 18:14you still wouldn't take that ice cream
- 18:15cup.
- 18:18Gee, money money money money
- 18:19quarterbacking is wonderful. Uh
- 18:22I still at to this day don't believe the
- 18:24ice cream is connected to the crime
- 18:26scene at Bundy.
- 18:27Your honor, may this be an appropriate
- 18:29time for recess?
- 18:30Yes.
- 18:30Thank you.
- 18:31All right, ladies and gentlemen, we're
- 18:32going to take our recess for the morning
- 18:34session. Please remember my admonitions
- 18:35to you. Don't discuss the case amongst
- 18:37yourselves. Don't form any opinions
- 18:38about the case.
- 18:39Don't conduct any deliberations without
- 18:41the matter being submitted to you. Don't
- 18:42allow anybody to communicate with you.
- 18:44We'll stand in recess until 1:30 and
- 18:47Detective Van Otter, you may step down.
- 18:49You're ordered return at 1:30. Thank
- 18:50you, counsel.
- 21:26All right, good afternoon again, Ms.
- 21:27Clark.
- 21:29Um in our discussions after you left to
- 21:32do some research on that issue we were
- 21:34discussing in chambers,
- 21:36uh Mr. Shapiro suggested that he would
- 21:39uh
- 21:40alter his order of examination. And
- 21:44we'll take that matter up uh first thing
- 21:45tomorrow, but
- 21:48but I'd like to put I'd like to put in
- 21:49at least an hour or so,
- 21:52get as much done as we can this
- 21:53afternoon. We're going to go past the uh
- 21:553:00 hour.
- 21:58Thank you, all.
- 21:58All right.
- 22:01All right, anything else? Any other
- 22:02surprises?
- 22:05All right, Deputy Magnalla, stand for
- 22:06your oath, please.
- 22:09Members of our jury panel,
- 22:11Detective Van Atter, would you resume
- 22:12the witness stand, please?
- 22:19All right, good afternoon, Detective.
- 22:20You're reminded you're still under oath.
- 22:22Mr. Shapiro, you may continue.
- 22:24Thank you, Anna. Good afternoon again,
- 22:25ladies and gentlemen.
- 22:27Detective Van Atter, over the noon hour
- 22:30uh
- 22:30you were requested to find your notes of
- 22:33the activities that took place at Bundy
- 22:36and Rockingham on the uh 12th through
- 22:39the 13th of uh June. Have you been able
- 22:42to locate those notes?
- 22:44I didn't realize I was supposed to do
- 22:45that, but as far as actual physical
- 22:47notes, there aren't any other than the
- 22:50partial statement I was doing on Kato
- 22:52Kaelin.
- 22:53And that consist of two paragraphs?
- 22:55Approximately, yeah.
- 22:57And that's the extent of uh
- 22:59what was what took place as far as
- 23:01recording information by you?
- 23:04I directed other information be
- 23:06recorded, but yes, that's true.
- 23:10Now,
- 23:11when you went through your uh
- 23:15walk-through at the Bundy crime scene,
- 23:19you told us that took approximately 10
- 23:20minutes.
- 23:22Yeah, yeah, approximately 10 minutes, 10
- 23:25to 15 minutes.
- 23:26You testified 10 minutes on your direct
- 23:29examination yesterday. Are you more
- 23:30comfortable with 10 to 15 minutes?
- 23:33That's an approximation, 10.
- 23:36You weren't keeping any log records of
- 23:38the time you entered the actual scene
- 23:40and left.
- 23:41No, sir.
- 23:42Did you check in with somebody at the
- 23:44Bundy address who was keeping such time
- 23:47records?
- 23:49When I arrived there?
- 23:50When you arrived and everything and when
- 23:52you walked through, yes.
- 23:54I signed in on the crime scene log when
- 23:56I arrived, yes.
- 23:57Would that be something that would be
- 23:58proper to maintain in the crime scene
- 24:00log, how long you spent inside the crime
- 24:03scene?
- 24:04No.
- 24:06How long did Detective uh
- 24:09Lang spend inside the crime scene?
- 24:13In his walk-through?
- 24:17I believe it was about 15 minutes,
- 24:19approximately 15 minutes.
- 24:21He was there a little longer than you?
- 24:22Yes.
- 24:24And you were not accompanying him at
- 24:25that time.
- 24:26No, I did not.
- 24:27outside on Bundy and Dorothy.
- 24:30Yes.
- 24:33And after he finished his walk-through,
- 24:35did you then immediately go to
- 24:38Rockingham?
- 24:44It was within a few minutes. We left
- 24:45there at approximately 5:00 that
- 24:47morning, yes.
- 24:49So, we discussed it before we left.
- 24:51He came out, you discussed it for a few
- 24:53minutes with him as to what he saw?
- 24:55Yes.
- 24:56And then uh
- 24:58the decision was made to go make the
- 24:59notification.
- 25:01That's correct, and you left immediately
- 25:02thereafter. Yes.
- 25:04Now, according to the logs, Detective uh
- 25:07Lang arrived at 4:25 in the morning.
- 25:11That's correct. And so, if he did a
- 25:1215-minute walk-through, that would uh be
- 25:16about 4:40, correct?
- 25:20If he immediately went on the
- 25:22walk-through, I'm not sure that that was
- 25:23the sequence of events. Well, how long
- 25:25did he wait before he went on the
- 25:26walk-through that you recall?
- 25:31I really couldn't answer that. I really
- 25:33don't know. Weren't you concerned with
- 25:34trying to get this thing going and start
- 25:36your investigation?
- 25:39That's what we did, yes.
- 25:41So, don't you now have about uh 20
- 25:43minutes unaccounted for when nothing is
- 25:45being done while you and your partner
- 25:47are there?
- 25:50I don't understand that.
- 25:53Well, if you arrive if Lang, according
- 25:55to the chronological record, arrived at
- 25:59uh
- 26:004:25,
- 26:03did a 15-minute walk-through,
- 26:05spent a few minutes before and a few
- 26:07minutes after,
- 26:09uh
- 26:10let's say even to That would make it
- 26:114:45,
- 26:13and there's 15 minutes before you leave.
- 26:15Was there an investigation that you
- 26:17people were doing uh during that 15
- 26:19minutes of Bundy?
- 26:21I think part of the investigation is
- 26:23myself and my partner conversing so we
- 26:26so we know what we have and so we sort
- 26:28of understand what's going on at that
- 26:30point. And I take it you notified a
- 26:32criminalist at that point because you
- 26:34now had determined it was a bloody crime
- 26:36scene, did you not? Not at that point,
- 26:38no. And you notified the coroner because
- 26:41you wanted to uh
- 26:42clearly ascertain the time of death.
- 26:45Not at that point.
- 26:47And you called for a photographer to
- 26:48videotape the entire uh crime scene in
- 26:51the most undisturbed way, did you not?
- 26:55A photographer was there when I got
- 26:56there.
- 26:57And did you direct the photographer to
- 26:58take an overall view of the complete
- 27:01pattern of all the uh
- 27:03footwear impressions that you had seen?
- 27:07I believe my partner did that.
- 27:08And was that done
- 27:12Was that done?
- 27:12Yeah, did the photographer do that?
- 27:14Follow those orders?
- 27:15To the best of my knowledge, yeah.
- 27:16And so you have seen a photograph that
- 27:18shows the entire pathway
- 27:20with
- 27:20all the footprints that you intend to
- 27:23talk about in this case?
- 27:25I believe it does, yes.
- 27:27And
- 27:28did you call for someone to videotape
- 27:30the entire crime scene?
- 27:31No, sir, I did not.
- 27:32And did you call for a light truck to
- 27:36illuminate the area so that you could
- 27:37better ascertain whether or not there
- 27:40might be another matching glove
- 27:43to the one that you had seen by the body
- 27:45of Ronald Goldman?
- 27:47I did not.
- 27:49And did you cause a grid search to be
- 27:52done at the location to look for
- 27:55uh
- 27:56a matching or second glove at that
- 27:58location?
- 28:00No, I didn't.
- 28:03As a detective, would you agree that it
- 28:06is important for you to be able to
- 28:08prioritize
- 28:10what you're going to do regarding a
- 28:12crime scene investigation?
- 28:14Yes.
- 28:15Some things are more important than
- 28:16others, is that correct?
- 28:19Yeah, they're all important. That's a
- 28:20general statement. Uh
- 28:23Everything's important.
- 28:24But you can't do everything at the same
- 28:26time, can you?
- 28:27No, I wish I could.
- 28:29So therefore you have to prioritize,
- 28:30don't you?
- 28:32According to what the scene is, yes.
- 28:35Each one is different. Each one has
- 28:37different priorities.
- 28:38And if you had to prioritize between
- 28:41notifying
- 28:43the ex-husband
- 28:45of a victim and beginning a crime scene
- 28:48investigation, what one of the two would
- 28:51you feel would be more important?
- 28:55Putting it just in those terms with with
- 28:58the other circumstances left out, I
- 29:01would say start the crime scene
- 29:03investigation, but there were other
- 29:05circumstances that came into play in
- 29:07this.
- 29:09And how many officers uh
- 29:13would you
- 29:15use to make a death notification?
- 29:19Personally.
- 29:23That would depend on the circumstances.
- 29:27And is there any criteria as to who can
- 29:30make a death notification within the Los
- 29:32Angeles Police Department?
- 29:37As to who?
- 29:38Yes.
- 29:40I would think any sworn personnel could.
- 29:43Now, Commander Bushy is the commander of
- 29:47the West Bureau. Is that correct?
- 29:50He's the assistant commander, I believe,
- 29:52of West Bureau.
- 29:53And West Bureau does not encompass the
- 29:56robbery-homicide
- 29:58division, does it not? Does it?
- 30:00No.
- 30:00It does not, I should say.
- 30:02It does not.
- 30:03Uh
- 30:05And that order that you heard about
- 30:07secondhand was from Detective Phillips,
- 30:10who was told by Commander Bushy that he
- 30:12should make a personal notification.
- 30:13Isn't that correct?
- 30:14Yes.
- 30:17And during the hour and 5 minutes that
- 30:20Detective Phillips was waiting for you,
- 30:22did you ask him if he had gone to make a
- 30:25personal notification?
- 30:28He told me that he hadn't.
- 30:30Did you ask him why he didn't, why he
- 30:31was just deciding to stand out in the
- 30:33middle of the street for an hour and 5
- 30:34minutes?
- 30:35No.
- 30:36Isn't that something that could have
- 30:38easily have been done by Detective
- 30:40Phillips, to your knowledge?
- 30:43That could have been done, but that
- 30:45would not be
- 30:48the proper way to do it without us being
- 30:50present.
- 30:54What about Detective Fuhrman? Could he
- 30:56have gone with uh
- 30:59Detective Phillips to make a death
- 31:00notification?
- 31:02Of course he could have, but it still
- 31:04wouldn't have been the proper way
- 31:05without us being there.
- 31:06Well, what about Lieutenant Rogers, who
- 31:07was your supervisor? Could he have gone?
- 31:10Certainly.
- 31:10He's not a homicide investigator, is he?
- 31:13No, he's a supervisor.
- 31:14He's not an investigator, is he?
- 31:17He's a lieutenant.
- 31:18Is he an investigator?
- 31:21Is it Is
- 31:21By rank or or
- 31:23Is it his job to investigate homicide
- 31:25scenes?
- 31:26No, it's his job to supervise.
- 31:28So, he he from your bureau could have
- 31:30gone and made the notification.
- 31:32Certainly.
- 31:34And the 25 other people that were there
- 31:36could have gone to make the
- 31:37notification.
- 31:39That's correct.
- 31:43And as far as directions to that
- 31:46location, once you were at Bundy, would
- 31:48you have any difficulty if somebody
- 31:51there said the location that you want to
- 31:54go to is at Rockingham and Sunset, take
- 31:58Sunset about 2 miles and turn right on
- 32:00Rockingham, three blocks. Would you be
- 32:02able to follow those directions?
- 32:04Me personally?
- 32:05Yes.
- 32:05Yes.
- 32:06So, you didn't need anybody to take you
- 32:08to that location, did you?
- 32:09Well,
- 32:11yeah, because we didn't know where the
- 32:12location was and we thought it would
- 32:14speed up the process.
- 32:16Plus, we needed their assistance.
- 32:18As I had explained before.
- 32:20Just where the location was.
- 32:23You've already conceded that if somebody
- 32:25told you to go
- 32:26west on Sunset to Rockingham and turn
- 32:29right, go up three blocks, you would
- 32:31have been able to follow that and find
- 32:32that, would you not?
- 32:33Certainly I could have.
- 32:35And it's not a difficult location to
- 32:36find, is it?
- 32:37No.
- 32:38Not hidden in any way?
- 32:39No.
- 32:42And at the time you arrived, you had for
- 32:44the first time met uh
- 32:47Detectives Phillips and Furman. Is that
- 32:48correct?
- 32:49That's correct.
- 32:51And you were there to notify them that
- 32:54uh
- 32:54or to officially take over because they
- 32:56had been notified they'd been relieved.
- 32:59That's correct.
- 33:00And in police uh
- 33:02practice, I take it that this is a big
- 33:05case.
- 33:07Would you agree with that?
- 33:11That's a very subjective term. Uh
- 33:15It's a big case because the
- 33:17the press and the media has made it a
- 33:19big case.
- 33:20All All homicides are to me are big
- 33:23cases.
- 33:25And that to be involved in a case like
- 33:26this from a detective's point of view is
- 33:29a feather in your cap, is it not?
- 33:32Not in my cap, no.
- 33:34And to be relieved from a case like this
- 33:37uh would be a tremendous disappointment
- 33:39for uh a a young detective, would it
- 33:42not?
- 33:42Objection.
- 33:44Sustain.
- 33:53You've also told us that you went over
- 33:55Did anybody tell you you should go to
- 33:58Rockingham to check on the welfare of
- 34:00the children?
- 34:06That question, I don't follow that
- 34:08question. The children's welfare was not
- 34:11The children were at uh West L.A.
- 34:13station.
- 34:14Did anybody tell you to go to Rockingham
- 34:16because the children's welfare was at
- 34:18issue?
- 34:19No, that was a a uh determination that
- 34:22myself and my partner made.
- 34:24And so you determined with all the
- 34:26officers in the juvenile division, all
- 34:28the officers at West Los Angeles, all
- 34:31the members available to take care of
- 34:33juveniles, you were going to take it
- 34:35upon yourself to prioritize
- 34:38and put that interest first. Is that
- 34:41your testimony?
- 34:42That was one of my priorities,
- 34:44absolutely.
- 34:44You're not a juvenile officer.
- 34:47No, but I think we went through this
- 34:49once before. Uh
- 34:51I had two very young children
- 34:54that had been taken from their bed, from
- 34:56their home
- 34:57by uniform police officers
- 35:00at a scene that their mother had been
- 35:02murdered at.
- 35:04And uh that's very, very traumatic for
- 35:07adults
- 35:10besides thinking about minor children.
- 35:13To me,
- 35:14these children are very, very important
- 35:16people and they have to be cared for.
- 35:18And to be sitting in a police station
- 35:22is a very traumatic thing for children
- 35:24and and that was very important to me to
- 35:27try and get them with family members.
- 35:29And I And I agree with you. But in
- 35:32balancing that against the 25 other
- 35:34officers who were at the scene who could
- 35:36have performed the same function
- 35:38and you being the only person who could
- 35:40mit admit people into the crime scene,
- 35:45is it your opinion that others could
- 35:47have equally satisfied the requirement
- 35:50of taking care of these young children
- 35:52who are in such desperate uh need of
- 35:55being reunited?
- 35:59Well Uh
- 36:01I'm sort of lost on the question. Could
- 36:03Could someone else have done what I did?
- 36:06Regarding the children.
- 36:07Certainly someone else could have.
- 36:08Yes, no one No one else other than Lang
- 36:11and yourself could have allowed access
- 36:13into the crime scene.
- 36:17At that point I would say no.
- 36:20But yet you chose to leave the crime
- 36:22scene not only by your with yourself and
- 36:25with your partner, but with the only two
- 36:27other investigators in the homicide area
- 36:31who could have also had some seasoning
- 36:34regarding the entry and exit into a
- 36:37crime scene. Is that correct?
- 36:39Yes.
- 36:41So, the scene is left now
- 36:44not to be
- 36:46investigated at all
- 36:48with the four people who have expertise
- 36:50in homicide investigations, so you can
- 36:53go do two things: notify the ex-spouse
- 36:57of the death
- 36:58and to provide in West LA for the care
- 37:03and comfort of the two young children.
- 37:06Sustain.
- 37:11Your purpose
- 37:13in taking four officers to go to the
- 37:16Rockingham estate was for solely for the
- 37:18notification. Is that correct?
- 37:21Our purpose for taking four officers was
- 37:24was actually twofold. Number one, they
- 37:26could direct us to the location because
- 37:28Fuhrman had been there before.
- 37:31And number two, we intended on them
- 37:34helping us with the notification,
- 37:37helping Mr. Simpson
- 37:39to
- 37:41make a disposition of the children, for
- 37:43us to meet Mr. Simpson
- 37:46for a later interview.
- 37:48Well, this wouldn't be a good time to
- 37:50establish a rapport with Mr. Simpson,
- 37:51would it?
- 37:54It's as good a time as any time.
- 37:55So, you're going to knock on the door,
- 37:57tell Mr. Simpson you have horrible news
- 38:00that his ex-wife has just been
- 38:03murdered, and plus we'd like to get to
- 38:06know you and talk about this. So, let's
- 38:08just sit down and talk for a while. Is
- 38:10that what you're telling us, sir?
- 38:11No, we didn't intend interviewing them.
- 38:13We intended to meet him,
- 38:16go back, do the crime scene, and set up
- 38:18a later interview with him.
- 38:20Well, you had additional information
- 38:21regarding Mr. Simpson when you went over
- 38:23there, didn't you?
- 38:27I had information Detective Furman told
- 38:30us that he had been at the location
- 38:32before on a 415 dispute call, yes.
- 38:35And he told you that arrest that
- 38:37resulted
- 38:39Did he also tell you that there had been
- 38:42previous incidents of domestic violence
- 38:45regarding O.J. Simpson and Nicole Brown
- 38:48Simpson?
- 38:49He didn't tell me that, no. He told me
- 38:52he had been there on a previous
- 38:53incident.
- 38:53Did he tell your partner there had been
- 38:55previous incidents of domestic violence?
- 39:00Detective Kaelin called the residence.
- 39:03Oh.
- 39:06There could have been some conversation
- 39:07about an '89 incident. The main what I
- 39:11recall most
- 39:13is he stated that he had been there
- 39:16on a previous radio call and knew where
- 39:19the location was. And that the radio
- 39:21call was
- 39:23in regards to a 415 family dispute.
- 39:28You have reviewed the uh
- 39:31report that's entitled the follow-up
- 39:33report, have you not?
- 39:34Yes.
- 39:35And that's really a misnomer because it
- 39:37doesn't follow up to any other report
- 39:38that was done by your Detective Lange,
- 39:40does it?
- 39:43A misnomer?
- 39:45Well, it says follow-up report, doesn't
- 39:46that tend to cause one to think that
- 39:49there was a report before this that this
- 39:51follows?
- 39:52Well, there was a report before that.
- 39:54Detective
- 39:55you and Lange?
- 39:56Yes.
- 39:57At the preliminary hearing you were
- 39:59asked that question. You said there
- 40:00wasn't. Do you recall that testimony?
- 40:04No, I don't recall saying that, no.
- 40:07We'll show that to you in a minute.
- 40:19So, you're telling me now that it was uh
- 40:21Fuhrman who gave you the information
- 40:22regarding the domestic violence. Is that
- 40:24correct?
- 40:25Or Lange?
- 40:26It was a conversation that was had in
- 40:28the street and I believe all four of us
- 40:30was there and
- 40:33as I recall Fuhrman
- 40:35said something to Phillips and then and
- 40:38I'm not sure whether it was Fuhrman or
- 40:39Phillips that relayed the information.
- 40:42My information was that Fuhrman had been
- 40:44there earlier.
- 40:49Do you have any information that Mr.
- 40:50Simpson had previously been arrested?
- 40:53Or just that they responded to a 415?
- 41:00Well, I think my information is Mr.
- 41:02Simpson was never arrested on that case.
- 41:05I think that's the information.
- 41:08And uh isn't it true, sir, that one of
- 41:11the reasons that you wanted to leave the
- 41:15crime scene and go to the Simpson
- 41:17residence was because you had
- 41:19information that there had been previous
- 41:21instances of domestic violence and you
- 41:25immediately suspected the ex-husband as
- 41:28being the person responsible in these
- 41:30cases?
- 41:31No, that's not true.
- 41:34Your Honor, may I approach the witness?
- 41:36Actually, let me put this up on the
- 41:37Elmo. We've already talked about this if
- 41:39you want.
- 41:57Is this the last sentence?
- 41:59No, this is on another report.
- 42:03All right. I don't believe we took that
- 42:04up specifically.
- 42:05All right, let me let me approach it
- 42:06another way. Do you object to this, sir?
- 42:08Let me ask you this. You have read the
- 42:10murder follow-up report, have you not?
- 42:12Yes.
- 42:13And are there any errors or omissions in
- 42:15that report?
- 42:19Errors and omissions?
- 42:25I I'm I'm comfortable with the report if
- 42:27that's what you're asking me.
- 42:28And you stand by that report, do you
- 42:30not?
- 42:31Well, I think it's a general overall a
- 42:33general overall view of what occurred,
- 42:35yes.
- 42:36Well, it's more than that. It's the only
- 42:37recordation that you and your partner
- 42:38have done regarding this case, isn't
- 42:40that correct?
- 42:42No.
- 42:44You'll show us later what other
- 42:45recordations you and your partner have
- 42:47done.
- 42:47Well, I think I I think I testified
- 42:49earlier that there's been death reports
- 42:51made on both victims and uh murder
- 42:53reports made on both of
- 42:54I'm talking about the facts surrounding
- 42:57the investigation and the information
- 42:58you have.
- 43:01Are there any other reports in along
- 43:03those areas that were done by you or
- 43:04your partnership?
- 43:05Well, there's been reports done through
- 43:06the entire investigation. There's three
- 43:09books full of reports.
- 43:10Well,
- 43:10your reports for us, okay? The ones that
- 43:12you and your partner have done.
- 43:14Is that Is that a question?
- 43:15Would you do that for us, please? That's
- 43:16a request. Not now.
- 43:18There's three books of reports.
- 43:20I don't know if you can do that tonight.
- 43:22Uh let me uh draw your attention to the
- 43:24second paragraph and ask you to read
- 43:26that.
- 43:37Okay.
- 43:40Did you have a chance to
- 43:41To read that?
- 43:41Yes.
- 43:43And does that refresh your memory as
- 43:45what Detective Phillips told uh you and
- 43:47Detective Lang?
- 43:49That's a possibility that he said that,
- 43:51yes. But again, my information is Mr.
- 43:54Simpson was never arrested on that case.
- 43:56What What does your report indicate in
- 43:58that regard, sir?
- 44:00Do you want me to read it?
- 44:01Yeah.
- 44:02Okay.
- 44:03The entire paragraph?
- 44:05Well, let's read the part with what you
- 44:07said to Phillips soldier.
- 44:12Phillips stated that victim Brown was
- 44:14the ex-wife of O.J. Simpson, a
- 44:15well-known athlete actor.
- 44:18Additionally, Phillips stated that Mr.
- 44:19Simpson and victim one had been
- 44:21embroiled in a previous domestic
- 44:23violence situation.
- 44:25One of these resulting in the arrest of
- 44:26Mr. Simpson.
- 44:28You said in a previous domestic violence
- 44:30situation. Is that what it says, sir?
- 44:34That's what the report says, yes.
- 44:35It doesn't say in previous domestic
- 44:37violence situations, plural?
- 44:40Situations, yeah.
- 44:41Is there a difference between situation
- 44:44and situations, sir?
- 44:45One is plural and one is singular, yes.
- 44:48Is there any significance to that in
- 44:49putting that in a report?
- 44:55Significance? I I
- 44:58I don't know I don't know how to answer
- 45:00that. Apparently, that's referring to
- 45:02more than one incident.
- 45:38Now, the location that you were going to
- 45:40was Rockingham, is that correct?
- 45:44360 North Rockingham from Bundy?
- 45:46From Bundy, yes.
- 45:49And you came down Rockingham as you
- 45:50showed us in that nice video that uh
- 45:54you prepared, is that correct?
- 45:57What's the question?
- 45:59You came down Rockingham
- 46:02when you were going to the house
- 46:05at when you were trying to locate the
- 46:07address of 360 North Rockingham.
- 46:10We drove north on Rockingham, yes.
- 46:12Yes, okay.
- 46:12Yeah, and I I didn't I didn't understand
- 46:15your question.
- 46:16You guys have to stop talking over each
- 46:17other here.
- 46:18I want to make it clear.
- 46:20And when you drove up
- 46:23you uh
- 46:25saw a gate
- 46:27and an address 360 uh North Rockingham,
- 46:30did you not?
- 46:34Yes, I did.
- 46:36Why didn't you park on Rockingham?
- 46:41I don't know. I followed uh Detective
- 46:42Phillips and parked behind him.
- 46:44I
- 46:45If you were looking for a reason
- 46:47I'm sorry.
- 46:47Did you finish?
- 46:48No reason.
- 46:53Clearly there was an entrance on
- 46:54Rockingham.
- 46:55Yes.
- 46:56And clearly the front door faced
- 46:57Rockingham.
- 47:00I don't think I could tell that as I
- 47:02drove up the street. I couldn't see the
- 47:04front door.
- 47:04Well, you could see the front door
- 47:05through the gate, couldn't you?
- 47:07Um
- 47:08when I when I walked over and looked,
- 47:10yes, but when I was driving up I didn't
- 47:12see it.
- 47:22Isn't it true, sir, that uh
- 47:25you were going over to Rockingham
- 47:28in addition to
- 47:34making what you have said as a
- 47:36notification to look for criminal
- 47:38activity?
- 47:42Um
- 47:43I think I think it crossed my mind not
- 47:45criminal activity. I think it crossed my
- 47:47mind to check on the welfare because of
- 47:49the
- 47:50closeness of the scene and the violence
- 47:52of the scene.
- 47:53The welfare of whom?
- 47:54The welfare of the occupants of the home
- 47:56since there was a tie to the to the two
- 47:59uh locations.
- 48:00And who did you determine were the
- 48:01occupants of the home?
- 48:04Which home, sir?
- 48:06The home you were going to check on the
- 48:07welfare of the occupants in.
- 48:09Mr. Simpson's home.
- 48:10Well, who were the occupants of that
- 48:11home that you went to check on?
- 48:14At that point?
- 48:15Yeah.
- 48:16Anybody that was there.
- 48:19Well, didn't you have something fixed in
- 48:20your mind when you say you were going to
- 48:22check on the welfare of somebody? Whose
- 48:23welfare were you going to check on, sir?
- 48:27Mr. Simpson.
- 48:31Cuz you were concerned about him,
- 48:33weren't you?
- 48:35I I wasn't so much concerned about him.
- 48:37I was
- 48:39I had concerns for the children.
- 48:44I wanted to meet him.
- 48:46I was informed that a commander of the
- 48:48police department had ordered a
- 48:51in-person
- 48:52notification.
- 48:56And uh I knew it was going to be a uh
- 49:00very newsworthy case.
- 49:02And I thought it best that we make a
- 49:04notification before the press did.
- 49:07Have you memorized that response? It's
- 49:09about the third time you've given it to
- 49:10us.
- 49:12Sustain.
- 49:14Jury is to disregard that last question.
- 49:16Is that the verbatim response you gave
- 49:17at the preliminary hearing?
- 49:19I I don't know.
- 49:22Sustain.
- 49:26Mr. Darden, I caution you on something.
- 49:27I don't expect the next question to be
- 49:29the same thing.
- 49:29Thank you, all right.
- 49:30I apologize.
- 49:36My question was
- 49:37were you concerned with the health and
- 49:39welfare of O.J. Simpson when you went to
- 49:42Rockingham?
- 49:46Not until I got there. I mean, there's
- 49:48there's always a concern when you have
- 49:50relatives, but not until other criteria
- 49:52was met.
- 49:54Okay.
- 49:56In order to make this notification now,
- 49:58four detectives
- 50:00arrive at Rockingham.
- 50:03Before you went there, because of these
- 50:05concerns, I take it you notified the
- 50:07communications department as to where
- 50:08you were going.
- 50:10No.
- 50:15Because of your concerns about welfare,
- 50:17I take it that you called for black and
- 50:19whites to meet you there.
- 50:22After I got there, I did, yes.
- 50:24Upon arrival, you called for black and
- 50:25whites?
- 50:26No, after after other circumstances were
- 50:28met.
- 50:29How long did it take for you to call for
- 50:30black and whites?
- 50:36Probably 15-20 minutes.
- 50:38What time did you call for the black and
- 50:39whites?
- 50:41I I didn't do it. I don't know exactly.
- 50:45Is that recorded in your log somewhere?
- 50:47No.
- 50:52You testified that for 10 to 15 minutes,
- 50:55four detectives took turns ringing the
- 50:57buzzer.
- 50:58To that activated a telephone that you
- 51:02could hear ringing from outside.
- 51:04Is that correct, sir?
- 51:05Yes.
- 51:07And would you say that that telephone
- 51:09rings
- 51:10for about a second
- 51:14before another ring comes on?
- 51:17Ooh, I don't know. There were five or
- 51:19six rings
- 51:21before it stopped.
- 51:24Would you say that uh
- 51:27since you could hear it outside,
- 51:30it would be your opinion that clearly
- 51:31somebody could hear it inside if
- 51:33somebody was inside. Is that correct?
- 51:37Yes.
- 51:39And would you say that 10 to 15 minutes
- 51:41is a very long time to ring
- 51:47someone.
- 51:52At 5:00 in the morning, I don't know. I
- 51:54don't know whether that is or not. Have
- 51:56you ever called someone to try to get
- 51:59someone on the telephone and let the
- 52:00telephone ring for 10 to 15 minutes?
- 52:08I don't think so. No, I don't know for
- 52:10sure.
- 52:12And the four detectives are now taking
- 52:14turns pushing uh this buzzer device on
- 52:17the gate?
- 52:19Well, I think there were three of us
- 52:21that rang it. I don't ever recall
- 52:24Fuhrman ringing the bell.
- 52:26Now, Fuhrman's role in coming there was
- 52:28purely to show you how to get there. Is
- 52:30that your testimony?
- 52:31And assist.
- 52:33Overruled.
- 52:35You can answer it.
- 52:36No.
- 52:41Was he coming as a backup unit for you?
- 52:43No.
- 52:46Was he coming to help you investigate?
- 52:48No.
- 52:49Was he coming to introduce you to Mr.
- 52:51Simpson?
- 52:52No.
- 52:55Was he coming to help you in the
- 52:56notification?
- 52:59He was coming we were going to make the
- 53:01notification. He was coming to assist
- 53:02Mr. Simpson if he needed assistance.
- 53:05And he had volunteered for that?
- 53:08No, we asked him to accompany us.
- 53:10You asked him to come with you to help
- 53:12Mr. Simpson in case Mr. Simpson needed
- 53:14something.
- 53:16Is that correct?
- 53:18That was part of the reasoning, yes.
- 53:20And Detective Phillips, why was he
- 53:22coming?
- 53:23Same reason.
- 53:24He was coming to see if he would help
- 53:26Mr. Simpson.
- 53:28Yes.
- 53:28And where in your reports did you
- 53:30indicate
- 53:32that this was your state of mind, sir?
- 53:36I don't know that I did.
- 53:39And where in your previous testimony
- 53:41before the grand jury, did you indicate
- 53:43this was
- 53:46I think I testified they were there to
- 53:48assist us.
- 53:50And where in your previous testimony
- 53:51under oath at a preliminary hearing did
- 53:54you indicate
- 53:55Uh the reason they were coming was to
- 53:57help Mr. Simpson, sir.
- 54:00I again testified they were there to
- 54:01assist us.
- 54:08After uh ringing the bell for 10 or 15
- 54:11minutes, which activated a telephone
- 54:13that you clearly heard ringing, then you
- 54:15decided to try to call Mr. Simpson on
- 54:18another telephone?
- 54:22That was Yes, after after noticing that
- 54:26the place had private security.
- 54:29Requested that that we get a telephone
- 54:32number from them, yes.
- 54:33How would that assist you if the uh
- 54:35telephone that was currently ringing was
- 54:37not being of any uh
- 54:39value?
- 54:40We were trying anything to make contact
- 54:43with
- 54:43uh within the uh residence.
- 54:46And as a policeman, do you have the
- 54:47ability to get the phone numbers of
- 54:50residents of homes?
- 54:54Sometimes, not all the time.
- 54:56Do you have Did you attempt to get the
- 54:58phone number of O.J. Simpson through
- 55:00police channels?
- 55:02Yes.
- 55:03What police channels did you use?
- 55:05Contacted the watch commander and asked
- 55:07him to contact uh West Tech Security to
- 55:09see if they had any phone number for
- 55:10him.
- 55:11the telephone company? Anybody think of
- 55:12calling the telephone company?
- 55:14Well, if it's a published number, you
- 55:16can get it. If it's non-published, you
- 55:18cannot get it.
- 55:19So, the police even policemen can't get
- 55:21that.
- 55:21That's correct.
- 55:22So, if you called up the supervisor at
- 55:25uh
- 55:26the telephone company that services that
- 55:28area and said uh this is an emergency
- 55:30situation, identified yourself, we have
- 55:32to get in touch with Mr. Simpson, can
- 55:34you get the a number, they would not be
- 55:36able to help you?
- 55:37They would tell you to get a search
- 55:38warrant if it was a non-published number
- 55:40for an emergency, for anything.
- 55:46In contacting Westec, did you ask them
- 55:48to come out to the location?
- 55:52I didn't contact them. I think I think
- 55:54the thrust of it was to attempt to find
- 55:57out if there was any travel plans and if
- 55:59uh
- 56:00and if they had a phone number.
- 56:01Did anybody ask Westec to come out to
- 56:03the location?
- 56:07I don't know that.
- 56:11Did anybody check with Westec as to uh
- 56:13whether it was Mr. Simpson's habit and
- 56:15custom to notify Westec every time he
- 56:18went out of town?
- 56:21Not to my knowledge.
- 56:28You eventually got another number that
- 56:30rang
- 56:32with the same type of ringing that you
- 56:34were getting from the front door, is
- 56:35that correct?
- 56:38From the front door?
- 56:39Well, from the door from I'm sorry, from
- 56:41the buzzer
- 56:42outside the gate.
- 56:43It was a telephone number that rang,
- 56:45yes. And it was the same type of ring
- 56:46that you heard that when you pressed the
- 56:49uh
- 56:50button at the gate.
- 56:54I didn't make the phone call, but I
- 56:55would say that was probably a good
- 56:57assumption, yes.
- 56:58And
- 56:59are you aware of uh
- 57:03getting a recording from an answering
- 57:05machine?
- 57:06I was told that, yes.
- 57:07And you were told that the answering
- 57:09machine said, "This is O.J. I'm out of
- 57:11town.
- 57:12I'll be back on Monday."
- 57:16No, I don't recall that. I just I was
- 57:18told that there was an answer uh
- 57:22something to the effect "This is O.J.
- 57:24I'm not home now." or something like
- 57:26that.
- 57:27You testified at the grand jury that the
- 57:30only response that came on the machine
- 57:32was OJ.
- 57:35Do you recall that testimony?
- 57:37No, I don't.
- 57:42Did you uh
- 57:46try to use any type of uh
- 57:50bullhorn
- 57:51to uh get Mr. Simpson's attention?
- 57:54No, sir.
- 57:55Did you try to flash any lights uh
- 57:58into the house to get his attention?
- 58:01Other than shining my flashlight into
- 58:03the driveway, no.
- 58:06Regarding the lighting in the driveway,
- 58:08uh you told us that the front door was
- 58:10well lit when you arrived. You arrived.
- 58:12Isn't that correct?
- 58:14No, I didn't say that.
- 58:15Were there Aren't there coach lights on
- 58:17the front door?
- 58:21I don't know that. I recall a light
- 58:23being on toward the front door,
- 58:25someplace inside the residence, and then
- 58:28toward the south side of the house.
- 58:30And then as I recall, there was one on
- 58:32upstairs that could have been the same
- 58:34light that was illuminating
- 58:36up and down.
- 58:37How many times have you been to that
- 58:38location?
- 58:40Twice.
- 58:41How many times have you seen photographs
- 58:43of that location?
- 58:48Several times. I don't know.
- 58:50And it's your testimony that you don't
- 58:51know whether or not there are coach
- 58:52lights at the front entrance?
- 58:54Well, that's a possibility. I I I don't
- 58:56recall right now that there are coach
- 58:58lights there.
- 59:00And isn't it true, sir, that there is a
- 59:03halogen street light
- 59:05at the adjacent corner of uh
- 59:08Ashford and Rockingham that completely
- 59:11illuminates the front door?
- 59:15No, that wouldn't be true. The front
- 59:16door is recessed, as I recall.
- 59:19There may be a light there that
- 59:21illuminates part of the driveway, but
- 59:23the front door itself is recessed.
- 59:25Does it illuminate the area walking
- 59:27immediately up to the front door, the
- 59:30brick area?
- 59:31I could see up to the up to the front of
- 59:34the house, yes.
- 59:35And it's very bright in that area
- 59:36because of that halogen light, is it
- 59:38not?
- 59:40I I I don't know whether it's real
- 59:42bright. I could see up there.
- 59:44See clearly?
- 59:46I could see up there. I could see there
- 59:47was no one there.
- 59:50Now, at any time did you give any
- 59:52directions to Detective Fuhrman to
- 59:57conduct an investigation outside
- 1:00:00the residence?
- 1:00:04No.
- 1:00:05You're in charge, is that correct?
- 1:00:08I'm one of the people in charge, yes.
- 1:00:10Detective Lange?
- 1:00:11Yes.
- 1:00:11And the other people are there only to
- 1:00:14assist you?
- 1:00:15Yes.
- 1:00:16They're working at your direction now?
- 1:00:19They're experienced police officers.
- 1:00:21They uh
- 1:00:23They don't necessarily work at my
- 1:00:25direction.
- 1:00:26Well, you would not allow them to
- 1:00:27independently
- 1:00:29do anything at the Bundy crime scene,
- 1:00:31would you?
- 1:00:34I don't know what you mean by that,
- 1:00:35independently do.
- 1:00:37Any type of investigation at the Bundy
- 1:00:38crime scene. All they were allowed to do
- 1:00:40was stand in the street and wait for you
- 1:00:41to come up. Isn't that correct?
- 1:00:44Well, I I I wasn't there. That was not
- 1:00:46my order.
- 1:00:48And so therefore you wouldn't allow them
- 1:00:50to do anything at the Rockingham crime
- 1:00:52scene, would you, without your
- 1:00:53direction?
- 1:00:53No, that's not true. They're experienced
- 1:00:55police officers.
- 1:00:56So they can do whatever they want?
- 1:00:58No, no, no, no, that's that's
- 1:01:00misreading.
- 1:01:01Experienced police officers have the
- 1:01:03ability to work without direct
- 1:01:06supervision at all times.
- 1:01:09So, in your opinion, Mark Fuhrman could
- 1:01:12do whatever he wanted based on his
- 1:01:14experience at the Rockingham scene.
- 1:01:20Ask me that again, please.
- 1:01:24Based on Mark Fuhrman's experience as a
- 1:01:27detective, which you were unaware of, he
- 1:01:29had the
- 1:01:32implicit permission from you to do any
- 1:01:34investigation he wanted at the
- 1:01:36Rockingham location.
- 1:01:40I think the four of us were were
- 1:01:41working. Yes, we're all police officers.
- 1:01:45I want to make sure I have your answer
- 1:01:47correctly.
- 1:01:48That Mark Fuhrman
- 1:01:50had the independent right to do any
- 1:01:52investigation he wanted at the
- 1:01:54Rockingham crime scene.
- 1:02:00Sustained. Rephrase the question.
- 1:02:04Was it your state of mind
- 1:02:06as one of the two lead detectives that
- 1:02:10Mark Fuhrman had the right
- 1:02:12based on the fact that he was a
- 1:02:14detective to do an independent
- 1:02:16investigation at Rockingham?
- 1:02:22Sustained. Rephrase the question.
- 1:02:24Perhaps, your honor, can
- 1:02:26Problem here is independent.
- 1:02:29Did Detective Fuhrman have the right to
- 1:02:31conduct an
- 1:02:32an investigation at Rockingham without
- 1:02:34your precise direction?
- 1:02:37Of course, he did. He's a Los Angeles
- 1:02:39police officer.
- 1:02:40And that's what he did, isn't it?
- 1:02:42Yes.
- 1:02:44Even though he had been removed from
- 1:02:46this case
- 1:02:48and told by you that the only thing he
- 1:02:50could do was at Bundy
- 1:02:53was to secure the scene and stay
- 1:02:56outside. Now, at Rockingham, he can do
- 1:02:58whatever he wants.
- 1:03:00Sustained.
- 1:03:02He's free to conduct an investigation at
- 1:03:03Rockingham. Is that correct?
- 1:03:06He's there to assist me in the
- 1:03:07investigation, yes.
- 1:03:09Did you hear his testimony, sir?
- 1:03:10Yes, I did.
- 1:03:11Did you hear him testify that uh while
- 1:03:14you guys were ringing the door, he
- 1:03:15decided just take a walk down
- 1:03:17Rockingham?
- 1:03:18Yes.
- 1:03:21Was that something that uh you asked him
- 1:03:23to do?
- 1:03:24No, but I don't have him on a leash,
- 1:03:26either.
- 1:03:27He's a capable man. He's capable of
- 1:03:30walking around and uh I don't follow him
- 1:03:32at all times.
- 1:03:33Isn't he there to help you?
- 1:03:35That was part of his uh part of his
- 1:03:37assistance at that point.
- 1:03:39He's just walking around?
- 1:03:42Taking Taking a little walk?
- 1:03:43Sure, why not? I did, too.
- 1:03:46I thought this was became uh
- 1:03:49a situation where you were really
- 1:03:50concerned about people's welfare.
- 1:03:53This was a situation I was concerned
- 1:03:55about people's welfare.
- 1:03:56Isn't it inconsistent if you're
- 1:03:57concerned about people's welfare that
- 1:03:59you'll just simply take a walk?
- 1:04:01Well, I'm not sure that he simply took a
- 1:04:03walk. Uh he walked down toward the uh
- 1:04:08Rockford gate
- 1:04:10or I'm sorry, Rockingham gate. Uh uh
- 1:04:15I don't know what his state of mind was
- 1:04:16when he was walking down through there.
- 1:04:20Did he call you over to uh the Bronco?
- 1:04:24He did at one point, yes.
- 1:04:26How did he do that?
- 1:04:29I was standing
- 1:04:30in the intersection or near the
- 1:04:32intersection of Ashford and Rockingham
- 1:04:35and I saw him
- 1:04:37walk a little way toward me from the
- 1:04:39vehicle and call, "Hey, Phil, come over
- 1:04:41here."
- 1:04:42What were you doing standing in the
- 1:04:43intersection?
- 1:04:44I was standing
- 1:04:46adjacent or close to Detective Phillips
- 1:04:48who was talking with one of the Westec
- 1:04:51people.
- 1:04:53And where was uh Detective Lange?
- 1:04:59Believe he was
- 1:05:03Believe he was between me and the
- 1:05:06intersection and the Ashford gate at
- 1:05:08that time.
- 1:05:10So, you had abandoned your attempts to
- 1:05:11try to get in?
- 1:05:13No, we were we were working with Westec
- 1:05:16uh trying to get additional information
- 1:05:19at that point.
- 1:05:19What information were you trying to get
- 1:05:21from Westec?
- 1:05:22If there were travel plans, if they knew
- 1:05:25whether there was anyone home,
- 1:05:27if they had uh access to the location.
- 1:05:31And you had to wait for somebody from
- 1:05:32Westec to come out. Couldn't you get
- 1:05:34that uh via your police radio and
- 1:05:36communication system?
- 1:05:40Could I have?
- 1:05:41Yeah.
- 1:05:44Well, I don't know why we were trying to
- 1:05:46secure that through the watch commander.
- 1:05:47A Westec unit drove up.
- 1:05:51Just just drove by the location and we
- 1:05:54stopped
- 1:05:54coincident- coincidentally, huh?
- 1:05:56Coincidentally, he drove by and we
- 1:05:57stopped him.
- 1:06:00Had the black and white arrived at that
- 1:06:02time?
- 1:06:11I believe it was in the same time frame
- 1:06:13that the black and white arrived, yes.
- 1:06:15When you drove up to Rockingham, did you
- 1:06:17notice the Bronco initially?
- 1:06:19I saw the car parked, yes.
- 1:06:21Did you see it parked unusually?
- 1:06:23It looked like it was hastily parked.
- 1:06:26Hastily parked?
- 1:06:27Yeah.
- 1:06:30Do you find that people who lock cars
- 1:06:32hastily park cars?
- 1:06:36That's subjective, too. I guess I guess
- 1:06:38that could be a yes or no either way.
- 1:06:41How far from the curb was the uh front
- 1:06:43wheel of the car?
- 1:06:44Of the vehicle.
- 1:06:45Yes, it's
- 1:06:47truck-like vehicle.
- 1:06:49Closer than the rear wheel.
- 1:06:51What's the difference? Couple inches?
- 1:06:54I don't know.
- 1:06:55Did you measure it?
- 1:06:56No.
- 1:06:56Did you ask anybody to measure it?
- 1:06:59To this day?
- 1:07:00No.
- 1:07:01From your photographs?
- 1:07:02No.
- 1:07:03Isn't it true, sir, that the curb area
- 1:07:06where there is concrete is 1 ft.
- 1:07:11That's a possibility.
- 1:07:12And that tires on the front and the back
- 1:07:14are both touching that area?
- 1:07:18As I recall from the picture, the tire
- 1:07:19in the back is sitting on the asphalt
- 1:07:21portion of the street.
- 1:07:22How close is it to the concrete?
- 1:07:24I I don't know.
- 1:07:28The fact that it was hastily parked, did
- 1:07:30that cause you any concern?
- 1:07:32Not at that point, no.
- 1:07:35Is it something you observed as a
- 1:07:36policeman?
- 1:07:39Something I I was driving the car, I
- 1:07:41would have either had to see the car or
- 1:07:44probably run into the car, yeah.
- 1:07:46Have you described that as the rear end
- 1:07:48jutting out more than the front?
- 1:07:50In any official reports?
- 1:07:52Probably.
- 1:07:54And you think that's a fair
- 1:07:56description?
- 1:07:57Well, I think the rear end was sticking
- 1:07:58out farther than the front end, yes.
- 1:08:02Did Mark Fuhrman have a flashlight when
- 1:08:04he was over at the Bronco?
- 1:08:07Mark Fuhrman carried a flashlight on his
- 1:08:09belt, yes.
- 1:08:10What kind of flashlight?
- 1:08:12Small Streamlight.
- 1:08:14What size?
- 1:08:16A small Streamlight that was carried in
- 1:08:19a little leather holder on his belt.
- 1:08:22And you had a more powerful flashlight?
- 1:08:24Yes.
- 1:08:26Did he talk to you when he asked you to
- 1:08:27come over?
- 1:08:29To the Bronco?
- 1:08:30He did when I got there, yeah.
- 1:08:32Did he signal to you over in any way?
- 1:08:34No, he called me over.
- 1:08:35What did he say?
- 1:08:36He said, "Come come here, I want to show
- 1:08:38you something."
- 1:08:39And what did he show you?
- 1:08:41He showed me a spot above the door
- 1:08:42handle.
- 1:08:43That's the first thing he showed you?
- 1:08:45Well, I had been there previously.
- 1:08:47Is that the first thing Mark Fuhrman
- 1:08:49showed you, yes or no?
- 1:08:50At the Bronco.
- 1:08:52At what point, sir?
- 1:08:55The time you were at Rockingham, is the
- 1:08:57first thing that Mark Fuhrman shows you
- 1:08:59a spot of blood?
- 1:09:01No.
- 1:09:02What's the first thing Mark Fuhrman
- 1:09:03shows you?
- 1:09:06I walked over there previously. Mark
- 1:09:08Fuhrman was there. I saw
- 1:09:11he shined a light and I shined my light
- 1:09:13into the back of the vehicle.
- 1:09:15And then I walked back toward the
- 1:09:17intersection and that's when he called
- 1:09:18me back.
- 1:09:19Did he show you into the back of the
- 1:09:22vehicle? Did he direct your attention to
- 1:09:25the back of the vehicle and tell you to
- 1:09:26look at something or is it your
- 1:09:28testimony that both of you
- 1:09:29simultaneously
- 1:09:31were at the back of the vehicle, both
- 1:09:33had your flashlights and both looked in
- 1:09:35and saw the same thing at the same time.
- 1:09:37Is that your testimony, sir?
- 1:09:38No, he directed me to look in the back
- 1:09:40of the vehicle.
- 1:09:41What did he do when What did he say to
- 1:09:42you when he came over?
- 1:09:57I
- 1:09:58I really don't recall a conversation
- 1:09:59other than he directed me to look in the
- 1:10:01back of the vehicle and uh
- 1:10:04as I walked up, I saw a piece of wood
- 1:10:05lying on the parkway.
- 1:10:18Just excuse me for one moment.
- 1:10:40And what did you see when you first
- 1:10:41looked into uh that vehicle?
- 1:10:44From the rear window.
- 1:10:46I saw package.
- 1:10:48I believe addressed to Orenthal
- 1:10:49Productions or something like that.
- 1:10:52Or something like that?
- 1:10:53Well, I I don't recall the actual the
- 1:10:56actual address. It was Orenthal
- 1:10:58Productions or O.J. Simpson Productions,
- 1:11:00something like that.
- 1:11:01Now, didn't you make a big point of
- 1:11:03saying it was Orenthal Productions and
- 1:11:04you knew that meant O.J. Simpson?
- 1:11:07Well, I knew I knew that meant O.J.
- 1:11:08Simpson, yes.
- 1:11:13And I take it you've you took that as
- 1:11:15part of the evidence in this case?
- 1:11:19Well, the entire car was impounded with
- 1:11:21it in it, yes.
- 1:11:22So, that package is in evidence?
- 1:11:24I I don't know that.
- 1:11:29You would assume that it's in evidence.
- 1:11:31Well, the entire car was impounded, yes.
- 1:11:33And everything in it should be in
- 1:11:34evidence then.
- 1:11:35Is that correct?
- 1:11:42Did you see anything else at that time
- 1:11:43in the back of the car?
- 1:11:44Yes.
- 1:11:45What did you see?
- 1:11:46A shovel and a piece of plastic. What
- 1:11:48appeared to be a folded-up piece of
- 1:11:49plastic and a white cloth.
- 1:11:52Let me show you, Detective Lang, in your
- 1:11:54report again.
- 1:11:55That was Detective Van Adder.
- 1:11:57I'm sorry.
- 1:11:58Detective Van Adder.
- 1:11:59I said Detective Lang and his report,
- 1:12:01I'm sorry.
- 1:12:01Oh, I'm sorry. All right.
- 1:12:02I I misheard you.
- 1:12:03He's Detective Van Adder.
- 1:12:04Yes, I know. I thought you said I
- 1:12:06thought you were addressing him
- 1:12:06Detective Lang.
- 1:12:07No, no, no.
- 1:12:08All right.
- 1:12:09That's Detective
- 1:12:11Yes, I recognize him.
- 1:12:13All right. I want you to I want to
- 1:12:15direct you to the report that you have
- 1:12:17talked about before.
- 1:12:19That is the follow-up report and ask you
- 1:12:21to tell us where in that report it
- 1:12:23indicates that you observed the shovel
- 1:12:26in the back of the Bronco.
- 1:12:29I think we've had this discussion
- 1:12:31previously. It doesn't.
- 1:12:33And uh
- 1:12:35You kind of say that like laughing. Is
- 1:12:37there something funny about it not being
- 1:12:39in there?
- 1:12:39Nothing at all, sir. It isn't in there.
- 1:12:41Is there anything funny about this
- 1:12:43examination?
- 1:12:44Not nothing whatsoever.
- 1:12:49Did you find any plastic? Did you
- 1:12:51indicate in your report there was any
- 1:12:53plastic in there?
- 1:12:54No.
- 1:12:56Those are important things for
- 1:12:58observations for a detailed report,
- 1:13:00aren't they?
- 1:13:03If they're important to the case, yes.
- 1:13:07In fact, you indicated in that report at
- 1:13:09that time Detective Furman showed you
- 1:13:11blood.
- 1:13:15That's what the report says, yes.
- 1:13:18That's not true, is it?
- 1:13:20Why was there twice? He showed me blood
- 1:13:21at one point, yes.
- 1:13:22But the report is not accurate
- 1:13:26and is not consistent with what you've
- 1:13:28just told us, is it?
- 1:13:29The report is an overview of the
- 1:13:31investigation. It's not a
- 1:13:34second-by-second account of what
- 1:13:36occurred.
- 1:13:37Well, whether it's second-by-second,
- 1:13:39there are crucial things that are not
- 1:13:40included in this report that you
- 1:13:42testified to.
- 1:13:43Is that correct?
- 1:13:44That's possible, yes.
- 1:13:45And you told us earlier that when you
- 1:13:47wrote this report, it was uh an accurate
- 1:13:50report and there were no errors or
- 1:13:51omissions in the report, did you not?
- 1:13:53Objection, your honor.
- 1:13:55Sustained.
- 1:14:10Did you ask Detective Phillips to
- 1:14:13look around that truck to see if he
- 1:14:15could find any evidence?
- 1:14:21Detective Phillips, no, I did not.
- 1:14:23Did you ask Detective Furman to look
- 1:14:24around that truck to see if he could
- 1:14:25find any evidence?
- 1:14:26No.
- 1:14:27Did you ask Detective Lang to look
- 1:14:29around that truck?
- 1:14:30No.
- 1:14:30Did you look around that truck?
- 1:14:32Yes.
- 1:14:33After you were directed by someone else.
- 1:14:36Well, I walked down there first and then
- 1:14:38was called over to the truck.
- 1:14:40So, what you're telling me is there are
- 1:14:41four detectives, two lead detectives,
- 1:14:43that are there and none of you
- 1:14:46examined the truck with the exception of
- 1:14:49Detective Mark Fuhrman. Is that correct?
- 1:14:52He was the first one that did, yes.
- 1:14:56And he's the one who discovered the
- 1:15:00blood
- 1:15:01drop on the door handle.
- 1:15:03That's correct, yes.
- 1:15:04Now, you heard him testify that there
- 1:15:06were blood smears on the bottom of the
- 1:15:07door, didn't you?
- 1:15:09yes.
- 1:15:10Did you see those?
- 1:15:12I did at a later time. I don't recall
- 1:15:14him showing them to me that night.
- 1:15:17You previously testified you didn't see
- 1:15:19them, did you?
- 1:15:21I saw a report that was done by the
- 1:15:23criminalist. I don't recall seeing them
- 1:15:25that that evening or that morning.
- 1:15:28In fact, you previously testified you
- 1:15:29didn't see any blood on the bottom of
- 1:15:31the Bronco, didn't you?
- 1:15:33That I didn't?
- 1:15:34Did not.
- 1:15:35I
- 1:15:36I don't recall seeing any blood on the
- 1:15:37bottom of the Bronco.
- 1:15:39And where in your report did you
- 1:15:40indicate that there was in addition to a
- 1:15:43spot on the
- 1:15:46door handle that there was blood on the
- 1:15:48bottom of the Bronco, sir?
- 1:15:52Where did I indicate that?
- 1:15:54Yes.
- 1:15:58Sustained. Rephrase the question.
- 1:16:00Did you indicate it in your report?
- 1:16:05I don't know. I would I would have to
- 1:16:07read the entire report to tell you that.
- 1:16:12Well, I don't want to interrupt the
- 1:16:13valuable jury time now. Maybe you can do
- 1:16:16that tonight and read that report and
- 1:16:17ask give us that answer tomorrow. We'll
- 1:16:20go on to something else.
- 1:16:21Objection. The witness is trying to
- 1:16:23Jurors to disregard the comment.
- 1:16:58The time sequence
- 1:17:00of arriving at Rockingham was at about
- 1:17:035:05.
- 1:17:06Between 5:05 and 5:10, yeah. Then
- 1:17:10You went to the front
- 1:17:11gate on Ashford and rang the bell for 10
- 1:17:14to 15 minutes.
- 1:17:16That's correct.
- 1:17:18That takes you to about 5:20 or 5:25.
- 1:17:22Approximately, yes.
- 1:17:24And
- 1:17:26at that point in time
- 1:17:30Detective Furman starts to walk away
- 1:17:33from your group.
- 1:17:36At what point in time?
- 1:17:37Well, I'm going to ask you, at what
- 1:17:39point in time does Detective Furman
- 1:17:40start to walk away from the group?
- 1:17:42Well, we were all moving around there.
- 1:17:44We We weren't standing in a real tight
- 1:17:45cluster. We were We were all moving
- 1:17:47around.
- 1:17:48Well, but he went down Rockingham.
- 1:17:52Yes, he did.
- 1:17:56At one point, I believe when we
- 1:17:58originally stopped the first Westec
- 1:18:00unit, I saw him walking down the street.
- 1:18:03What time was that?
- 1:18:07It would have probably been around 5:30
- 1:18:09in the morning.
- 1:18:115:25, 5:30.
- 1:18:12That he first walked towards the Bronco.
- 1:18:14That I saw him, yes.
- 1:18:15And the first time that you looked in
- 1:18:17the Bronco was what time?
- 1:18:19Just shortly after that, I walked down
- 1:18:20there.
- 1:18:21Give us an estimate.
- 1:18:235:25, 5:30.
- 1:18:26And then you came back.
- 1:18:28Then I walked back toward where the
- 1:18:30Westec unit was with Detective Phillips.
- 1:18:38And
- 1:18:39how long did you spend there?
- 1:18:41Short time. He made a phone call inside
- 1:18:43the residence and told me that he'd
- 1:18:45gotten a uh
- 1:18:47answer phone.
- 1:18:48And that's when you were trying to
- 1:18:49locate O.J. Simpson?
- 1:18:51Still trying to this entire time, yes.
- 1:18:54And why didn't you ask Westec for an
- 1:18:56emergency number for O.J.?
- 1:18:59Well, I think that was the purpose of us
- 1:19:01asking them.
- 1:19:02And didn't they have, in case of
- 1:19:03emergency
- 1:19:05to contact his secretary?
- 1:19:07I don't know that.
- 1:19:08Because you didn't ask, right?
- 1:19:10I didn't ask, no.
- 1:19:11And you didn't ask anyone to ask.
- 1:19:13I didn't even know that he had a
- 1:19:14secretary.
- 1:19:15And nobody thought of that question, did
- 1:19:16they?
- 1:19:17I don't think that was asked, not to my
- 1:19:18knowledge.
- 1:19:22And then you went back the second time
- 1:19:23to look at the Bronco?
- 1:19:24I was called back, yes.
- 1:19:25What time was that?
- 1:19:28Around 5:30.
- 1:19:34And how long did you spend at the Bronco
- 1:19:35at that time?
- 1:19:37Not very long, short time.
- 1:19:41We spoke.
- 1:19:50Maybe 5 minutes, I don't know.
- 1:19:52That takes you to 5:35.
- 1:19:54Approximately, yeah.
- 1:19:57And when you saw that little speck, I
- 1:19:59take it at that point in time you
- 1:20:02wanted to check the entire Bronco to see
- 1:20:04if there was any other blood
- 1:20:06or any other possible evidence, did you
- 1:20:08not?
- 1:20:10At that point
- 1:20:12I was becoming very concerned about the
- 1:20:15location.
- 1:20:18And uh I could see that the vehicle was
- 1:20:20locked.
- 1:20:21And my concern at that point was that
- 1:20:23maybe I had another crime scene or
- 1:20:25someone injured or hurt.
- 1:20:26How could you see the vehicle was
- 1:20:27locked?
- 1:20:29You could see the lock knobs on the
- 1:20:30door.
- 1:20:31What about the rear gate latch? Did you
- 1:20:34check that?
- 1:20:34No, I did not.
- 1:20:36So, you don't know if that was open or
- 1:20:37locked, did you?
- 1:20:38No, I don't.
- 1:20:40What was the difference whether the
- 1:20:41vehicle was locked or not?
- 1:20:43Well, I was
- 1:20:44want to get into it?
- 1:20:45No, not at that point.
- 1:20:48You had just come from a bloody crime
- 1:20:50scene.
- 1:20:51You were now at the home of somebody who
- 1:20:54had previously
- 1:20:55been involved in domestic violence
- 1:20:58situations. You see a shovel in the back
- 1:21:01and blood on the car and you do not want
- 1:21:02to look in that car. Is that your
- 1:21:04testimony, sir?
- 1:21:05No, my testimony is I was concerned with
- 1:21:07any possible occupants that may be at
- 1:21:09the home.
- 1:21:10You've already told us that you were
- 1:21:11concerned about O.J. Simpson's welfare
- 1:21:13when you saw that, right?
- 1:21:14O.J. Simpson and possibly a maid that
- 1:21:16was supposed to be there, yes.
- 1:21:19And so, you voiced that concern to the
- 1:21:21Westec people, didn't you, and say this
- 1:21:22is an emergency, we've got to find O.J.
- 1:21:24and the maid, didn't you?
- 1:21:27I believe that was related to him by
- 1:21:29Detective
- 1:21:30Phillips, yes.
- 1:21:30And you asked them to find emergency
- 1:21:32numbers so you could find O.J. because
- 1:21:34an now an emergency had developed, did
- 1:21:35you not?
- 1:21:37I didn't know.
- 1:21:38You asked other officers to do that,
- 1:21:39didn't you?
- 1:21:41I believe Phillips was doing that.
- 1:21:42Was doing that?
- 1:21:43Yeah.
- 1:21:44Do you have any information that he did
- 1:21:46do that?
- 1:21:47Phillips was talking with Westec. Uh
- 1:21:51I don't know that he asked him for
- 1:21:53emergency numbers. I I don't even know
- 1:21:54that they have to this day that they
- 1:21:56have an emergency number on
- 1:21:57You haven't checked that, have you?
- 1:21:58No, I have not.
- 1:22:00That wouldn't be something you'd want to
- 1:22:01know, is it?
- 1:22:05At this point, I I
- 1:22:07I don't think so.
- 1:22:09Your Honor, do can you just tell me how
- 1:22:11long you would like me to continue? I
- 1:22:13have a lot more material to cover.
- 1:22:15A lot more?
- 1:22:16Yes.
- 1:22:16About we just talked about two other
- 1:22:18subject matter areas,
- 1:22:19Yes, but it's going to take a while to
- 1:22:20get to those two subjects.
- 1:22:24Well, I I you go at least to the quarter
- 1:22:26quarter till.
- 1:22:27Thank you. give us the full afternoon
- 1:22:29session.
- 1:22:29Thank you. I appreciate that. You're all
- 1:22:30right. Thank you.
- 1:22:33I take it at that point in time you
- 1:22:35immediately called the command post and
- 1:22:37said we have a potential emergency
- 1:22:39situation here. We're going in.
- 1:22:41No, I didn't.
- 1:22:42Isn't that proper police procedure?
- 1:22:49That would depend on the situation.
- 1:22:51Well, you've previously testified under
- 1:22:53oath that you thought there might be
- 1:22:56uh suspects
- 1:22:58related to the murder of Nicole Brown
- 1:23:01Simpson at the O.J. Simpson residence,
- 1:23:03have you not?
- 1:23:04Well, I was not really concerned with
- 1:23:06suspects at that time. I was concerned
- 1:23:08with the welfare of the occupants of the
- 1:23:09home.
- 1:23:10My question was have you previously
- 1:23:11testified there may be suspects there?
- 1:23:13Well, there could have been suspects
- 1:23:15there. I didn't know what was there.
- 1:23:17My question was have you previously
- 1:23:18testified there were suspects there?
- 1:23:21Like I said, sir, there could have been
- 1:23:23suspects there. There could have been
- 1:23:24victims. I didn't know what was there.
- 1:23:27And it could have been a murder another
- 1:23:29murder scene. You've testified to that
- 1:23:30previously.
- 1:23:31Certainly could have, yes.
- 1:23:33And people could be dying there. You've
- 1:23:35heard uh testimony to that by other
- 1:23:38officers, have you not?
- 1:23:39Well, that was my feeling, too. That was
- 1:23:41one of the possibilities.
- 1:23:42People could be bleeding.
- 1:23:44Absolutely.
- 1:23:44You could have a hostage situation.
- 1:23:47That was a possibility.
- 1:23:49You could have a kidnapping.
- 1:23:56I don't know that that related to a
- 1:23:57kidnapping of
- 1:24:00any possible scenario is possible. It
- 1:24:02could have been anything. I didn't know
- 1:24:03what was there.
- 1:24:04No, I I'm asking about what you or
- 1:24:06others have previously testified could
- 1:24:09have been the situation of the regarding
- 1:24:12your state of mind when you were at
- 1:24:14Rockingham.
- 1:24:16Is that a question?
- 1:24:17Yes.
- 1:24:19My state of mind was I was concerned
- 1:24:21with the occupants of the home.
- 1:24:23I was concerned that I could have
- 1:24:25another crime scene.
- 1:24:27People could be injured.
- 1:24:29This could have been an extension of the
- 1:24:31of the murders that I had just left.
- 1:24:35There could be people down. There could
- 1:24:36be injured people. It could have been
- 1:24:38any scenario.
- 1:24:40So, this is where
- 1:24:42your adrenaline really starts to rush,
- 1:24:43isn't it?
- 1:24:46Yeah, I don't know that that's a fair
- 1:24:47statement with me. I I don't have big
- 1:24:50adrenaline rushes.
- 1:24:51No, you've been doing it long enough
- 1:24:53that
- 1:24:53Well, I don't even think it's that. I
- 1:24:54just
- 1:24:57I I don't have big adrenaline rushes.
- 1:25:00Must have been a pretty scary situation
- 1:25:01to go in that location not knowing
- 1:25:05uh what was there with your experiences,
- 1:25:06isn't that correct?
- 1:25:11Every situation you go into, you you
- 1:25:14have you have butterflies because you
- 1:25:16don't know what you're going into.
- 1:25:19And there are people who are specially
- 1:25:21trained for the situations you've just
- 1:25:23uh enumerated, aren't there?
- 1:25:27There's people specially trained for
- 1:25:28tactical situations, yes.
- 1:25:31Aren't there people specially trained
- 1:25:32for hostage situations?
- 1:25:35Tactical situations, yes.
- 1:25:37I don't know what that means, but
- 1:25:38hostage situations I know what that is.
- 1:25:40situation is a tactical situation.
- 1:25:42saying the same thing.
- 1:25:43Yeah.
- 1:25:44And aren't there people specially
- 1:25:46trained if somebody is dying or
- 1:25:47bleeding?
- 1:25:51How to uh save lives? You're not trained
- 1:25:53in that, are you?
- 1:25:55Well, I'm CPR certified.
- 1:25:57Are you Are you paramedic?
- 1:25:58No, no, no.
- 1:25:59I Excuse me, first aid certified. I'm
- 1:26:02sorry, I misspoke that.
- 1:26:04I think I to to take the time to call
- 1:26:08someone from another location to come
- 1:26:10and check that would be a
- 1:26:12dereliction of duty. I think it was our
- 1:26:14duty to go in there and look and see if
- 1:26:15there was something wrong.
- 1:26:16Well, you've already been out there for
- 1:26:1735 minutes and seem to be pretty casual
- 1:26:20about what was going on. Now, all of a
- 1:26:22sudden you don't have time to make a
- 1:26:23phone call with one of four officers to
- 1:26:26call for either a backup unit or call a
- 1:26:28command post and say, "Hey, I don't know
- 1:26:31what we have, but we better get some
- 1:26:33more support here. We better get some
- 1:26:34paramedics. We better get some emergency
- 1:26:37equipment. I really don't know what we
- 1:26:39have, but I'm telling you my instincts
- 1:26:41as a detective tell me it is serious."
- 1:26:44We called for a backup unit. We had a
- 1:26:46black and white vehicle there.
- 1:26:48Well, that was already there.
- 1:26:49We called for them.
- 1:26:52That was before you decided it was an
- 1:26:53emergency.
- 1:26:55No, that was part of the process. That
- 1:26:57was
- 1:26:58the
- 1:27:00emergency came back from a set of
- 1:27:01circumstances that didn't all occur at
- 1:27:04one time. That was a set of
- 1:27:06circumstances that occurred over a
- 1:27:08period of time.
- 1:27:09So, you had a patrol vehicle there.
- 1:27:11Yes, that's correct.
- 1:27:12Specially trained officers or not?
- 1:27:14Uniform police officers.
- 1:27:15How many?
- 1:27:16Two.
- 1:27:18And did you give them any direction at
- 1:27:20the time they arrived?
- 1:27:34I don't think I talked to them when they
- 1:27:35first arrived.
- 1:27:37I don't think I actually spoke to them.
- 1:27:38You called for them. It was an emergency
- 1:27:40situation. You had to come out, but you
- 1:27:42didn't tell them what to do?
- 1:27:45I think
- 1:27:46I think we're talking semantics. I think
- 1:27:49you're relating to a tactical situation.
- 1:27:51I'm talking about an
- 1:27:53an emergency situation. They're two
- 1:27:55different things.
- 1:27:57Well, let's say it was an emergency
- 1:27:58situation that you're referring to.
- 1:28:01In an emergency situation, you've called
- 1:28:04for a black and white backup. They come
- 1:28:06and rush to the location and you don't
- 1:28:08tell them what to do, what the emergency
- 1:28:10is?
- 1:28:14Again, I think I think we're talking
- 1:28:16semantics.
- 1:28:18I think what you're
- 1:28:19what you're relating to is a tactical
- 1:28:21situation where you know the situation
- 1:28:23that you have.
- 1:28:25And you could say that you have a
- 1:28:27tactical situation that's an emergency
- 1:28:30if you know you have a suspect
- 1:28:33or you know you have a hostage
- 1:28:36or you know for a fact that you have
- 1:28:38someone that's injured. We didn't know
- 1:28:40all these things. This was a situation
- 1:28:42that had to be determined.
- 1:28:45So, you don't believe in being prepared.
- 1:28:50I don't I don't understand I don't
- 1:28:52believe in being prepared. I think I
- 1:28:54think I go into every situation
- 1:28:56attempting to be prepared.
- 1:28:58So, at that point in time
- 1:29:00did you
- 1:29:02alone determine that it was time to jump
- 1:29:04over the wall?
- 1:29:05That was a decision that was made from
- 1:29:08speaking with my partner and the other
- 1:29:10two detectives.
- 1:29:11So, it was a joint decision by you, Mark
- 1:29:14Fuhrman, and Detective Phillips?
- 1:29:16Mainly myself and Detective Lange.
- 1:29:18Well, when you say mainly, did all of
- 1:29:19you discuss it or just the two of you
- 1:29:21discuss
- 1:29:21standing there talking. It was a
- 1:29:23decision that was left up to myself and
- 1:29:25Lange.
- 1:29:26And you both said, "Let's go in."
- 1:29:28Exactly.
- 1:29:30And you elected Mark Fuhrman because he
- 1:29:32was the youngest and the most athletic
- 1:29:34to climb the wall.
- 1:29:36That's part of the reason, yes.
- 1:29:39Did uh
- 1:29:42he have any protective gear on when he
- 1:29:44went over the wall?
- 1:29:45No, he did not.
- 1:29:46Did you have any protective gear on
- 1:29:47backing him up?
- 1:29:49No.
- 1:29:49Did any of the two other officers
- 1:29:51detectives there have protective gear
- 1:29:52on?
- 1:29:53Not to my knowledge.
- 1:29:54Did anybody pull out any shotguns to
- 1:29:56back them up in case you were going to
- 1:29:57encounter a
- 1:29:59suspect or suspects inside?
- 1:30:01No.
- 1:30:04Did you notify the two uniformed
- 1:30:06officers to come up and back you up that
- 1:30:08you're going in now.
- 1:30:10I think they were called to the gate to
- 1:30:11stand by the gate, yes.
- 1:30:13They were?
- 1:30:13Yes, I believe so.
- 1:30:15Where in your report did you indicate
- 1:30:16that?
- 1:30:17I don't I don't know that I did.
- 1:30:18Where in your previous testimony have
- 1:30:20you said that?
- 1:30:23I th- I said I think they were called to
- 1:30:26the
- 1:30:28Ashford gate
- 1:30:30or they came over there on their own
- 1:30:31when we went over the fence.
- 1:30:35Are you telling this jury that you did
- 1:30:37not sit down with two uniformed
- 1:30:39officers, tell them what the emergency
- 1:30:41was, and give them instructions to cover
- 1:30:43your back because you four guys are
- 1:30:45going in?
- 1:30:46They were told we were going in.
- 1:30:48Did you tell them what to do?
- 1:30:50To stand by the gate.
- 1:30:51Just to stand there?
- 1:30:52Yeah.
- 1:30:53Did you tell them to get shotguns, get
- 1:30:55ready, this is what we've got, guys,
- 1:30:57this is a potential emergency?
- 1:31:00You never said that, did you?
- 1:31:02No, again, Mr. Shapiro, I think you're I
- 1:31:05think you're confusing an emergency
- 1:31:06situation with a tactical situation. If
- 1:31:09I would have had
- 1:31:11a tactical situation and knew that I had
- 1:31:14a suspect or knew that I had a hostage
- 1:31:17or knew that I had a murder suspect in
- 1:31:20there, it would have been handled
- 1:31:20totally different.
- 1:31:22This was a situation where I was worried
- 1:31:24that something had occurred there
- 1:31:26possibly like had occurred at Bundy.
- 1:31:28So now you're concerned with the health
- 1:31:31and welfare of O.J. Simpson and the
- 1:31:33maid, and you're going in to say,
- 1:31:35"Where's O.J. and where's the maid?"
- 1:31:37Right?
- 1:31:38Where is anybody that may be at that
- 1:31:40location.
- 1:31:41Well, you didn't know who was expected
- 1:31:42to be there, did you?
- 1:31:43I had no idea, no.
- 1:31:44So
- 1:31:45you didn't know what you were looking
- 1:31:46for, is that your testimony?
- 1:31:48I didn't know what it what if anything
- 1:31:50had occurred there, that's why
- 1:31:51know what you were doing there, did you?
- 1:31:53Yes, I did.
- 1:31:53What were you doing there?
- 1:31:55I was I went there originally to make a
- 1:31:58notification
- 1:32:00to meet Mr. Simpson.
- 1:32:02The two detectives were assisting me.
- 1:32:05Once I got there, the situation changed
- 1:32:08with the information we we had received
- 1:32:10and the evidence that we saw.
- 1:32:19And now you're going in to look for
- 1:32:20people.
- 1:32:22That's correct.
- 1:32:24You go to the front door and ring the
- 1:32:26front doorbell.
- 1:32:27Yes.
- 1:32:28You get no response.
- 1:32:30That's correct.
- 1:32:31Do you force entry?
- 1:32:32No.
- 1:32:32Why not?
- 1:32:35Because at that point I didn't think it
- 1:32:37was appropriate.
- 1:32:38Wait, you were very concerned at that
- 1:32:40point in time, weren't you?
- 1:32:43Yes, we were making a we were making
- 1:32:45arrangements for a possible forced entry
- 1:32:47of the place.
- 1:32:50Where have you testified to that
- 1:32:51previously? You didn't tell the grand
- 1:32:53jury that, did you?
- 1:32:54Judge, sustained.
- 1:32:57Where in your reports did you indicate
- 1:32:58that you were making arrangements for a
- 1:33:00forced entry, sir?
- 1:33:02I don't believe it's in the reports.
- 1:33:04Who did you notify at police
- 1:33:06headquarters or communications that you
- 1:33:08were preparing a forced entry?
- 1:33:10No one.
- 1:33:14What preparations did you make for a
- 1:33:15forced entry?
- 1:33:18Detective Phillips contacted the watch
- 1:33:20commander and asked him to send a Westec
- 1:33:22unit back to the location that we may
- 1:33:24have to make forced entry into the
- 1:33:25location.
- 1:33:27So, for an emergency situation like
- 1:33:29this, now you're going to have the
- 1:33:31security of Westec going in with you. Is
- 1:33:33that your testimony?
- 1:33:35Well, we had at that point we had six
- 1:33:37police officers there, sir.
- 1:33:39Well, you had 25 standing around a
- 1:33:40murder scene, didn't you?
- 1:33:42Yeah, that's correct.
- 1:33:44Did you call any of them over?
- 1:33:46No.
- 1:33:47They were only 5 minutes away, weren't
- 1:33:49they?
- 1:33:49That's correct.
- 1:33:54When you went in, did you start making
- 1:33:56some noise to try to arouse the
- 1:33:58occupants?
- 1:34:00Yes, we were talking. We were knocking
- 1:34:02on doors.
- 1:34:02Were you yelling?
- 1:34:05No.
- 1:34:07Were you making your presence known?
- 1:34:09Well, I think our presence would have
- 1:34:11been known. We had flashlights, we were
- 1:34:12talking, we were knocking on doors, we
- 1:34:14were moving around the grounds.
- 1:34:16You were talking to each other, weren't
- 1:34:17you?
- 1:34:17That's correct.
- 1:34:18knocking, OJ, are you here? Is there any
- 1:34:21problem? Are you okay? Were you doing
- 1:34:22those things?
- 1:34:23No.
- 1:34:26Did you decide where to go? Were four
- 1:34:29officers coming in, virtually
- 1:34:31unprotected,
- 1:34:33are going to walk around this enormous
- 1:34:35estate
- 1:34:36in the darkness? Did you make any plan
- 1:34:38as to how you were going to protect
- 1:34:39yourselves?
- 1:34:41That's part of our job to do things like
- 1:34:43that. The protection is probably by
- 1:34:45numbers.
- 1:34:48There was no set plan.
- 1:34:49So, you didn't say, you know, one guy
- 1:34:50will go to this side and I'll back him
- 1:34:52up and you and your partner go here,
- 1:34:54we'll back you. Yeah, but just okay,
- 1:34:56guys, let's see what we can find. You
- 1:34:58guys started walking around.
- 1:35:00I never had the feeling
- 1:35:01that that I was in a dangerous situation
- 1:35:04at any point. I felt that I may have an
- 1:35:06emergency situation, but I never felt a
- 1:35:08personal danger
- 1:35:10at that location.
- 1:35:16Did you
- 1:35:18want to move quickly?
- 1:35:24I don't know that that's true. I was
- 1:35:25trying to look the grounds over to see
- 1:35:27if I could see anything on the grounds
- 1:35:29as I was moving.
- 1:35:30Did you tell everybody, let's check the
- 1:35:32grounds first? Was Was that your plan?
- 1:35:35Well, I think that's I think that's just
- 1:35:37typical police work. As you're moving,
- 1:35:39you're you're looking. I was shining my
- 1:35:41light under the trees and everything to
- 1:35:43see if I could see anything.
- 1:35:44All right. Well, first of all, when you
- 1:35:45come in, right to the right, you see a
- 1:35:47playhouse.
- 1:35:49Is that correct?
- 1:35:50Yes.
- 1:35:51And you've been inside that playhouse,
- 1:35:52haven't you?
- 1:35:56I've been beside of it. I don't know
- 1:35:58that I was inside.
- 1:35:59seen people inside it? Is it big enough
- 1:36:01for somebody to walk into?
- 1:36:02Yes.
- 1:36:03I take it that's the first place where
- 1:36:05you'd want to look inside that playhouse
- 1:36:07to see if there was any problem.
- 1:36:09Is that correct?
- 1:36:10We were looking all over the grounds.
- 1:36:12So, you went in the playhouse, is that
- 1:36:14correct?
- 1:36:14No, I didn't.
- 1:36:15Did you open the door of the playhouse?
- 1:36:17No.
- 1:36:18Did you knock on the playhouse?
- 1:36:19No.
- 1:36:21Did you just simply ignore the
- 1:36:22playhouse?
- 1:36:23The main concern was the residence at
- 1:36:25that point.
- 1:36:27And all four of you went to the front
- 1:36:29door of the residence together?
- 1:36:30That's correct.
- 1:36:33How long did you stay at the front door?
- 1:36:39Two or three minutes, something like
- 1:36:41that.
- 1:36:41Ringing the bell?
- 1:36:42Ringing the bell, knocking on the door,
- 1:36:43yeah.
- 1:36:44But not yelling or shouting or asking
- 1:36:46for anyone inside.
- 1:36:47No.
- 1:36:50And then where did you go?
- 1:36:52Myself personally?
- 1:36:53Yeah, you.
- 1:36:55I walked back out to the driveway and
- 1:36:57walked
- 1:36:58north to the east-west walkway that
- 1:37:00walks along the north side of the house.
- 1:37:03Shining your flashlight, looking in the
- 1:37:04bushes, looking in the shrubbery?
- 1:37:06That's correct.
- 1:37:07Was it dark back there?
- 1:37:08Yeah, it was dark.
- 1:37:10Was that
- 1:37:11kind of unnerving for you?
- 1:37:13No.
- 1:37:14Not knowing what you had back there?
- 1:37:16I
- 1:37:18I think I testified I didn't feel any
- 1:37:20personal danger at any time that night.
- 1:37:24So, there'd be no need at any time for
- 1:37:25you ever to draw a gun at that location,
- 1:37:27would there?
- 1:37:28I never felt that need, no.
- 1:37:35Did you tell anybody to go knock on any
- 1:37:37other doors?
- 1:37:39Was there any instruction given by you
- 1:37:41or Detective Lang as the lead detective
- 1:37:42there?
- 1:37:49What that a question? Was there any
- 1:37:51instruction?
- 1:37:51Right.
- 1:37:54No, I think we were working as a group.
- 1:38:01Kind of improvising as you went along.
- 1:38:04Looking Looking the grounds over and
- 1:38:05looking for people, yes.
- 1:38:08How long did you spend looking in the
- 1:38:09grounds looking for people?
- 1:38:12Well, this happened until uh
- 1:38:16This happened the entire time we were
- 1:38:17there. When I was outside, I was looking
- 1:38:19around.
- 1:38:20How long were you outside looking for
- 1:38:22people?
- 1:38:26I don't know exactly. That's That's a
- 1:38:28We walked around the side of the house
- 1:38:30to the back.
- 1:38:32I was shining my light. Maybe Maybe 5 or
- 1:38:3410 minutes total. I looked the grounds
- 1:38:37over.
- 1:38:38Was that enough time to look everywhere
- 1:38:39in those grounds?
- 1:38:42Well, at some point there, everybody
- 1:38:45that was supposed to be on the location
- 1:38:46had been accounted for, and that's when
- 1:38:48I stopped looking around.
- 1:38:49No, but you were looking for people who
- 1:38:51might be injured.
- 1:38:53Again, at a point, people that were
- 1:38:56supposed to be there were accounted for,
- 1:38:57and that's when I stopped looking
- 1:38:59around.
- 1:38:59When was O.J. Simpson accounted for?
- 1:39:01What time?
- 1:39:02After 6:00 in the morning.
- 1:39:04What time was he accounted for, sir?
- 1:39:06I don't know what time the phone call
- 1:39:07was made.
- 1:39:08You don't have any records regarding
- 1:39:10what time the phone call was made?
- 1:39:11Yeah, there are phone records, yes.
- 1:39:13You haven't looked at those?
- 1:39:14No, I had I haven't seen them in front
- 1:39:16of me.
- 1:39:17You don't think that's an important
- 1:39:19aspect of this case?
- 1:39:20I can look at the phone record and tell
- 1:39:21you exactly what time the phone call was
- 1:39:23made.
- 1:39:24You didn't keep any records regarding
- 1:39:26what time you did anything at the
- 1:39:28Rockingham location, did you?
- 1:39:33Keep any records as to time Time
- 1:39:35anything happened at Rockingham.
- 1:39:37Oh, that's not true.
- 1:39:39You did keep such records?
- 1:39:41There's a There's a search warrant that
- 1:39:42indicates items that were found there,
- 1:39:44yes.
- 1:39:44No. Did you keep any records as to what
- 1:39:47time you did things at the Rockingham
- 1:39:51location? What time you arrived, what
- 1:39:53time you went to the Bronco, what time
- 1:39:54you did everything you have testified
- 1:39:56to? Are there any such records, sir?
- 1:39:59Other than phone records, no.
- 1:40:03And isn't that part of good record
- 1:40:05keeping to make sure that the
- 1:40:06chronological record is in order for all
- 1:40:09important aspects of this case?
- 1:40:11That's part of record keeping, yes.
- 1:40:14This is a good place to stop, Your
- 1:40:15Honor.
- 1:40:16Yeah.
- 1:40:18All right, ladies and gentlemen, we're
- 1:40:18going to take our recess for the
- 1:40:19afternoon session. Please remember my
- 1:40:21admonitions to you. Don't discuss the
- 1:40:23case amongst yourselves. Don't form any
- 1:40:24opinions about the case. Don't conduct
- 1:40:26any deliberations
- 1:40:27until the matter has been submitted to
- 1:40:29you. Do not allow anybody to communicate
- 1:40:31with you.
- 1:40:32Uh Detective Vinater, you may step down.
- 1:40:34You're ordered to return at 9:00
- 1:40:36tomorrow morning.
- 1:40:38Uh we will stand in recess as far as the
- 1:40:40jury is concerned until 9:00 tomorrow
- 1:40:43morning.
- 1:40:44And I'd like to see counsel on the
- 1:40:46discovery matters after a short recess.
- 1:40:49All right, that's your order. Thank you,
- 1:40:50counsel.
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