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OJ Simpson Trial - March 20th, 1995 - Part 2 (Last part) — Transcript

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  1. 0:05Looks like there was a total of
  2. 0:07approximately 24 people at the crime
  3. 0:09scene before my arrival.
  4. 0:12And it was important for you to
  5. 0:15determine whether any of those people
  6. 0:17had been
  7. 0:19in the general area of the crime scene.
  8. 0:21Is that correct?
  9. 0:24Yeah, I made that determination.
  10. 0:25And had any personnel been inside the
  11. 0:28general crime scene area?
  12. 0:31Inside the tape?
  13. 0:33Inside what you would describe Do you
  14. 0:34know what the general crime scene area
  15. 0:36is in police parlance?
  16. 0:38Yeah, that would be inside the security
  17. 0:40the area that's secured.
  18. 0:42Okay. Were any uh
  19. 0:45officers inside that area before your
  20. 0:47arrival according to what you
  21. 0:48determined?
  22. 0:49Yes.
  23. 0:50How many?
  24. 1:00I would say six. Six or seven.
  25. 1:04Are you familiar with a uh
  26. 1:07man by the name of William Bodziak?
  27. 1:10Yes.
  28. 1:11Is he one of the experts that have been
  29. 1:13employed by uh
  30. 1:15the prosecution in this case?
  31. 1:18Yes.
  32. 1:19And he's a member of the FBI?
  33. 1:20Yes.
  34. 1:21And is he one of the leading experts in
  35. 1:23the uh country on crime scene
  36. 1:25investigation?
  37. 1:29I think his specialty is on uh
  38. 1:31shoes. I I wouldn't say crime scene
  39. 1:33investigation.
  40. 1:34Footwear impression evidence?
  41. 1:36Yes.
  42. 1:38Have you read his books?
  43. 1:39No, I have not.
  44. 1:42Would you agree
  45. 1:43Objection.
  46. 1:46Premature at this point. Haven't heard
  47. 1:48the question.
  48. 1:49Would you Would you agree as a part of
  49. 1:52your education
  50. 1:53Pardon me, your honor.
  51. 1:55Counsel, how can I tell the question
  52. 1:58would you agree? How do I know what's
  53. 1:59coming?
  54. 2:03I'm saying it's premature until I hear
  55. 2:04the question, Counsel. I'm not
  56. 2:07I can't
  57. 2:08guess what the question's going to be.
  58. 2:11Mr. Shapiro.
  59. 2:12Thank you very much, your honor.
  60. 2:14Would you agree as an an expert in crime
  61. 2:16scene investigation that you should not
  62. 2:19allow anyone, including other law
  63. 2:21enforcement personnel, into the general
  64. 2:24crime scene area except when it is
  65. 2:26necessary to tend to victims?
  66. 2:29What's the objection?
  67. 2:30Leading the witness.
  68. 2:31What's the objection?
  69. 2:32He's leading the witness. He's asking a
  70. 2:33question that I'd like to see answered.
  71. 2:34Sustain.
  72. 2:40Would you agree
  73. 2:42that a crime scene should be secured
  74. 2:46immediately?
  75. 2:48Yes.
  76. 2:48Is that the most important thing to do?
  77. 2:51Yes.
  78. 2:51Is that the first rule of thumb for
  79. 2:54crime scene investigators?
  80. 2:58That's normally not done. That's the
  81. 2:59first rule of thumb for uniformed
  82. 3:01officers, yes.
  83. 3:03It should be done, but it's not done.
  84. 3:05No. Normally, investigators are not the
  85. 3:08first on the scene.
  86. 3:10Um
  87. 3:11it's been my experience in 26 years the
  88. 3:13uniform is there first. They secure the
  89. 3:15site crime scene and notify us.
  90. 3:17Aren't police officers all trained
  91. 3:22personnel?
  92. 3:23Trained in what, sir?
  93. 3:26Of course, they're trained personnel.
  94. 3:28Basic crime scene investigation?
  95. 3:30Definitely, yes.
  96. 3:31be something elementary that what
  97. 3:33happens if you arrive on a homicide
  98. 3:34scene, what to do?
  99. 3:36Yes, sir.
  100. 3:38That's just common sense, isn't it?
  101. 3:40Certainly is.
  102. 3:41And would you agree that
  103. 3:44a crime scene should be sealed and no
  104. 3:47one should enter it except to tend to
  105. 3:49victims?
  106. 3:52No one that's not involved in the
  107. 3:54investigation, yes.
  108. 3:55No. No one should enter it except to
  109. 3:58tend to victims. You can disagree with
  110. 4:00that.
  111. 4:00I do disagree with that.
  112. 4:01with that.
  113. 4:03And
  114. 4:05you've told us you haven't read any
  115. 4:07books by experts in the field. Have you
  116. 4:09consulted experts in the field as to the
  117. 4:12proper uh
  118. 4:14procedures
  119. 4:16regarding entrance into a crime scene?
  120. 4:21Have I consulted experts?
  121. 4:25I've met with many experts over 26
  122. 4:27years, yes.
  123. 4:28Is it very easy to disturb things within
  124. 4:31a crime scene?
  125. 4:37What are the dangers of entering a crime
  126. 4:39scene if you're not trained properly?
  127. 4:44Destruction and contamination of
  128. 4:45evidence.
  129. 4:51And
  130. 4:52when you're dealing now in the area of
  131. 4:54DNA, you're dealing with minute
  132. 4:57pieces of evidence, all right, true?
  133. 5:01Ultimately, they're minute, yes.
  134. 5:03Sometimes microscopic.
  135. 5:05Yes, that's correct.
  136. 5:06Sometimes they can't even be seen under
  137. 5:08a microscope.
  138. 5:10I don't know. That's way out of my field
  139. 5:12of expertise. I really don't know that.
  140. 5:15Didn't you learn about this
  141. 5:17in your continuing education?
  142. 5:19What, learn about doing testing on DNA?
  143. 5:21Wait, wait, wait. Wait, you're arguing
  144. 5:23with the witness. He says some things
  145. 5:25you can't see.
  146. 5:27All right?
  147. 5:28What is your What is the importance of
  148. 5:30footwear impression evidence?
  149. 5:36Is there Is Are you familiar with the
  150. 5:38term footwear impression evidence?
  151. 5:41Yes.
  152. 5:43Have you read any books?
  153. 5:45Well, first of all, do you know if there
  154. 5:46any books written on footwear impression
  155. 5:48evidence?
  156. 5:49Well, I'm sure there are collection of
  157. 5:51evidence, yes.
  158. 5:51And that would be something that To to
  159. 5:54be a homicide investigator, you have to
  160. 5:56have a broad knowledge of lots of
  161. 5:58things, don't you?
  162. 6:00Yes.
  163. 6:01And you have to understand basic
  164. 6:02forensic pathology?
  165. 6:07Uh
  166. 6:07that's probably a fair term, yeah.
  167. 6:09You have to understand the basic
  168. 6:12workings of a criminalist?
  169. 6:14Yes.
  170. 6:15You have to understand fingerprint
  171. 6:17analysis both latent and patent?
  172. 6:19Yes.
  173. 6:20You have to understand footwear
  174. 6:22impression evidence both latent and
  175. 6:23patent?
  176. 6:25Well, I'm not sure that you have to
  177. 6:28You You have to know what you're looking
  178. 6:30at, what you're seeing. Yes, that's why
  179. 6:32we have experts that assist us in these
  180. 6:34investigations.
  181. 6:35And you direct the experts, don't you?
  182. 6:37We point out the items, they do the
  183. 6:39collection, they do the uh the uh
  184. 6:45the comparisons and so on and so forth.
  185. 6:47I don't do that.
  186. 6:48the one who's walking by with a
  187. 6:50magnifying glass saying, "This is what I
  188. 6:52want to preserve."
  189. 6:53Like Sherlock Holmes with a magnifying
  190. 6:55glass, no. Yeah, I Yes, I go into the
  191. 6:58crime scene to acclimate myself to the
  192. 7:00scene,
  193. 7:01to know what's there so I can direct the
  194. 7:04criminalist when he gets there
  195. 7:06for the search for obvious evidence as
  196. 7:08well as
  197. 7:09latent evidence that may be there.
  198. 7:13Well, you said two things that are
  199. 7:14interesting. This search to know what's
  200. 7:16there.
  201. 7:16Mhm.
  202. 7:17Some things that are there
  203. 7:19are not apparent, isn't that correct?
  204. 7:21Oh, yeah, that's
  205. 7:22where your expertise comes in.
  206. 7:25Isn't that true?
  207. 7:28What are we talking about here?
  208. 7:30Fingerprints?
  209. 7:30Things that are not apparent.
  210. 7:32Well, what are What I mean
  211. 7:33Anything that may not be apparent to
  212. 7:36somebody who is not an expert detective
  213. 7:39like yourself.
  214. 7:42I
  215. 7:43I don't know what we're talking about.
  216. 7:45There's things that are not apparent
  217. 7:47here on this floor. What are we talking
  218. 7:48about?
  219. 7:49Well, let's say you were investigating a
  220. 7:50crime scene and something happened here.
  221. 7:52Would you want to
  222. 7:54cordon off this area of the floor for
  223. 7:57any reason?
  224. 7:58Absolutely, yes.
  225. 7:58Why?
  226. 7:59For uh
  227. 8:01for a examination by a criminalist, for
  228. 8:04trace evidence, for uh whatever may be
  229. 8:06there.
  230. 8:07What about footwear impression evidence?
  231. 8:09Is that something that has been emerging
  232. 8:10in the last 5 years?
  233. 8:13Has becoming very important in crime
  234. 8:15scene investigation.
  235. 8:16I think it's something that's been
  236. 8:17around for a long time, longer than 5
  237. 8:19years.
  238. 8:20When I say emerging, that there are
  239. 8:22recently developing new techniques to
  240. 8:25find latent footprints.
  241. 8:28Yes.
  242. 8:29To find impression footwear impression
  243. 8:32evidence.
  244. 8:33Yes.
  245. 8:33Do you know what I mean by that?
  246. 8:34Yeah, I sure do.
  247. 8:35That if somebody stepped on a carpet,
  248. 8:37that there are now techniques available
  249. 8:39to determine
  250. 8:41what shoe was used to make that to step
  251. 8:43in that area, even though you can't see
  252. 8:45anything with the naked eye?
  253. 8:48Well, I'm not sure about carpet.
  254. 8:49Normally they they lift those from hard
  255. 8:51surfaces. Uh
  256. 8:53not porous surfaces like a carpet.
  257. 8:56Do you have Have you read any materials
  258. 8:58in keeping up with the scientific
  259. 9:00literature on what impressions can be
  260. 9:02drawn from carpet?
  261. 9:04Is there any carpet in this case?
  262. 9:05Yes, in two locations.
  263. 9:08Proceed.
  264. 9:10No, I haven't.
  265. 9:12Is this the first time you've heard
  266. 9:13about that?
  267. 9:15First time I've heard about what?
  268. 9:16That you may be able to get very
  269. 9:19valuable evidence from carpet.
  270. 9:22No, it's not the first time I've heard
  271. 9:23that.
  272. 9:24So, I take it any area that there was
  273. 9:26carpet in, nobody would be allowed to go
  274. 9:28in.
  275. 9:32Sustain.
  276. 9:34Rephrase your question.
  277. 9:35If there was areas
  278. 9:37in a crime scene that had carpet,
  279. 9:39would you prevent people from going in
  280. 9:42there?
  281. 9:45Well, I would prevent
  282. 9:47anybody that wasn't working the crime
  283. 9:48scene from going into the crime scene,
  284. 9:50yes.
  285. 9:51But, to investigate a crime scene, you
  286. 9:54have to go into a crime scene to
  287. 9:56investigate it.
  288. 9:57But, you have to go in carefully, don't
  289. 9:58you?
  290. 9:59Extremely carefully, yes.
  291. 10:00And you have And you have to be aware of
  292. 10:02where potential evidence is.
  293. 10:05Absolutely.
  294. 10:06And if you're not aware of where
  295. 10:07potential evidence is, you could destroy
  296. 10:09potentially exculpatory evidence.
  297. 10:13That's a possibility, yes.
  298. 10:15And protective clothing is very
  299. 10:18important with the advancement of DNA
  300. 10:22collection of evidence, isn't it?
  301. 10:23Objection.
  302. 10:25Sustained.
  303. 10:26Are you aware of what is recommended for
  304. 10:29collecting and preserving DNA evidence?
  305. 10:32Objection.
  306. 10:33Overruled.
  307. 10:35I don't do the collection and testing of
  308. 10:38it, so I
  309. 10:40No, I I would have to say no on that.
  310. 10:43You're not aware of what should be done.
  311. 10:46I I just said no, I don't do the
  312. 10:48collection or the testing of it, so no,
  313. 10:50I'm not aware.
  314. 10:51Well, before you get to collection of
  315. 10:53evidence, it can also be destroyed or
  316. 10:56contaminated by even somebody as expert
  317. 10:59as yourself going into that area, isn't
  318. 11:01that true?
  319. 11:01Well, that's always a possibility, yes.
  320. 11:04And for that purpose, it is recommended,
  321. 11:06is it not, that footwear protection be
  322. 11:09used before entering a bloody crime
  323. 11:11scene?
  324. 11:12Objection.
  325. 11:14Grounds.
  326. 11:15Speculation.
  327. 11:16Sustained.
  328. 11:19Are you aware
  329. 11:21that
  330. 11:23professional standards
  331. 11:25require investigators to wear footwear
  332. 11:29covering
  333. 11:30when investigating sensitive areas where
  334. 11:33DNA evidence may appear.
  335. 11:36Objection.
  336. 11:37Grounds.
  337. 11:38May I ask the question?
  338. 11:40Sustain.
  339. 11:48It's obvious, is it not, that if you
  340. 11:49walk in with dirty shoes that you may
  341. 11:51contaminate a
  342. 11:52crime scene. Isn't that true?
  343. 11:55If you step in the evidence, yes, it is.
  344. 11:57And if you had dirty shoes that you may
  345. 11:59bring trace evidence from outside into
  346. 12:01the crime scene. Isn't that a
  347. 12:02possibility?
  348. 12:04Again, if you step in the evidence, yes.
  349. 12:06What if you walked into a crime scene,
  350. 12:07walked on a hair outside, and walked in?
  351. 12:10Is there a chance that hair could be
  352. 12:12moved from outside inside?
  353. 12:13Say that.
  354. 12:15Hold on.
  355. 12:16Say that again, please.
  356. 12:18You walk up to a crime scene, and there
  357. 12:20is a
  358. 12:21hair that you can't see on the sidewalk.
  359. 12:24Is there a chance that hair might stick
  360. 12:25to your shoe, and then you carry it in,
  361. 12:27and it can be discovered inside the
  362. 12:29crime scene?
  363. 12:30Objection.
  364. 12:31Speculation. Sustain.
  365. 12:37What effort does it take to wear
  366. 12:39footwear coverings?
  367. 12:43There wouldn't be much effort to it, I
  368. 12:44don't think.
  369. 12:45Is there any reason not to?
  370. 12:48No. Is there any reason not to wear head
  371. 12:50coverings in a crime scene?
  372. 12:53No. Is there any reason not to wear
  373. 12:55coveralls or other protective clothing
  374. 12:57in a crime scene?
  375. 12:59No. Is there any reason not to wear
  376. 13:01gloves within a crime scene?
  377. 13:03No.
  378. 13:04Are these things that would be overly
  379. 13:08burdensome to do?
  380. 13:10No.
  381. 13:19When you uh
  382. 13:22went through your training
  383. 13:24at homicide school, wasn't that one of
  384. 13:25the first things you were taught that
  385. 13:27when you enter a potential crime scene,
  386. 13:30don't pick up the phone?
  387. 13:34Yeah, that's a basic rule. Yes.
  388. 13:37What's the reason for that rule?
  389. 13:39Because you may have the telephone used
  390. 13:41by the suspect. You may have
  391. 13:42fingerprints on it. You may have trace
  392. 13:43evidence on it.
  393. 13:50What about using any of the facilities
  394. 13:53within the crime scene?
  395. 13:56Turning water on or off.
  396. 13:58That should not be done.
  397. 14:03Putting out candles.
  398. 14:09Nothing should be disturbed until the
  399. 14:10investigation is completed.
  400. 14:14Did you determine whether any of those
  401. 14:15things were done in this case?
  402. 14:18I found out later that the telephone was
  403. 14:20used. Yes.
  404. 14:22And that shouldn't have been done.
  405. 14:23That's the violation of
  406. 14:25It shouldn't have been done.
  407. 14:26rule of crime scene investigation, is it
  408. 14:28not?
  409. 14:28However, in this case
  410. 14:31the house did not appear or was not
  411. 14:33related to the crime scene.
  412. 14:36There was nothing to indicate that
  413. 14:38that the suspect had ever entered or
  414. 14:40anything had ever occurred in that the
  415. 14:42residence.
  416. 14:43So, your opinion today is the suspect in
  417. 14:46this case has never entered the Bundy
  418. 14:48residence.
  419. 14:48Oh, no. I didn't say that at all. It
  420. 14:51didn't appear that any aspect of the
  421. 14:52crime had occurred within the residence
  422. 14:55itself.
  423. 14:56When you start investigating a crime
  424. 14:58scene, you don't know what you're going
  425. 14:59to find, do you?
  426. 15:00Absolutely not.
  427. 15:01Therefore, everything is potential
  428. 15:02evidence, isn't it?
  429. 15:03Yes.
  430. 15:04And proper procedure would dictate
  431. 15:05following proper rules, would it not?
  432. 15:07Yes.
  433. 15:08And if there was evidence that uh may or
  434. 15:11may not have some value, what's the rule
  435. 15:14that you adhere to?
  436. 15:15It would be protected, collected, and
  437. 15:17booked.
  438. 15:18All right. When you walked through the
  439. 15:19crime scene, one of the first things you
  440. 15:21saw was a Ben & Jerry's ice cream cup
  441. 15:24and a plastic spoon.
  442. 15:26Correct?
  443. 15:28One of the first things that was pointed
  444. 15:29out to me, yes.
  445. 15:32And that was something that was reported
  446. 15:33in the notes of the previous homicide
  447. 15:36investigator.
  448. 15:39That he took note of, correct?
  449. 15:41Yes.
  450. 15:43So, obviously in doing your detailed
  451. 15:45note analysis, that's something that he
  452. 15:48deemed important. Is that correct?
  453. 15:53Well, I don't know whether he deemed it
  454. 15:54important. It was something that he
  455. 15:55noted.
  456. 15:56Is a plastic spoon something that is
  457. 15:58capable of getting latent fingerprints
  458. 16:00off of?
  459. 16:01I would think so, yes.
  460. 16:02What about a paper cup?
  461. 16:04Yes.
  462. 16:06Is there any reason why those items
  463. 16:07would not be taken into evidence?
  464. 16:10Yeah, they didn't appear to be connected
  465. 16:11to the crime scene from what I saw.
  466. 16:13But you didn't know at that time, did
  467. 16:14you?
  468. 16:16They didn't appear to be connected.
  469. 16:17But as of today, it's become an issue in
  470. 16:19this case, hasn't
  471. 16:21Sustained.
  472. 16:23Is there any reason What would What
  473. 16:25effort would it have taken
  474. 16:27to
  475. 16:29take those items into evidence?
  476. 16:31There would have been no effort if it
  477. 16:33was deemed necessary. They still to this
  478. 16:35day don't appear to have any connection
  479. 16:37to this case.
  480. 16:38But you don't know that, do you?
  481. 16:41Well, I think that's a fair assumption.
  482. 16:42Could you determine, perhaps, who was
  483. 16:45eating that ice cream by finding
  484. 16:47fingerprints on the cup?
  485. 16:50If they were there, yes.
  486. 16:51Might that have some importance?
  487. 16:54Well, I think it's been determined who
  488. 16:56was eating ice cream that night.
  489. 16:57Might that have some importance is my
  490. 16:59question.
  491. 17:03I still don't think it's connected to
  492. 17:04the crime scene. I don't see any
  493. 17:05importance to it.
  494. 17:07So,
  495. 17:09initially upon walking into a crime
  496. 17:11scene, you see something that's
  497. 17:13potential evidence, you determine by
  498. 17:15yourself
  499. 17:17as an experienced detective it probably
  500. 17:20doesn't have anything to do with this so
  501. 17:21we're just going to ignore it throw it
  502. 17:22out.
  503. 17:23Is that what you're telling us?
  504. 17:26I I don't I don't understand that. What
  505. 17:27do you mean? Are you speaking about a
  506. 17:29certain item or are you speaking about
  507. 17:31any crime scene or
  508. 17:32about this specific item.
  509. 17:34About the ice cream?
  510. 17:35Yeah, you saw it you didn't think it was
  511. 17:36of evidentiary value even though you
  512. 17:39have told us it could have a fingerprint
  513. 17:41on it and therefore you simply ignored
  514. 17:44it and had it thrown away.
  515. 17:46Objection.
  516. 17:47Sustained as to the last question.
  517. 17:56You immediately make decisions, don't
  518. 17:58you?
  519. 18:02Not all the time.
  520. 18:03You make them very quickly, don't you?
  521. 18:06No, not all the time.
  522. 18:07And you're not easy to change your
  523. 18:09opinion, are you?
  524. 18:10No, that's not true. I am.
  525. 18:12And if you had to do it all over again,
  526. 18:14you still wouldn't take that ice cream
  527. 18:15cup.
  528. 18:18Gee, money money money money
  529. 18:19quarterbacking is wonderful. Uh
  530. 18:22I still at to this day don't believe the
  531. 18:24ice cream is connected to the crime
  532. 18:26scene at Bundy.
  533. 18:27Your honor, may this be an appropriate
  534. 18:29time for recess?
  535. 18:30Yes.
  536. 18:30Thank you.
  537. 18:31All right, ladies and gentlemen, we're
  538. 18:32going to take our recess for the morning
  539. 18:34session. Please remember my admonitions
  540. 18:35to you. Don't discuss the case amongst
  541. 18:37yourselves. Don't form any opinions
  542. 18:38about the case.
  543. 18:39Don't conduct any deliberations without
  544. 18:41the matter being submitted to you. Don't
  545. 18:42allow anybody to communicate with you.
  546. 18:44We'll stand in recess until 1:30 and
  547. 18:47Detective Van Otter, you may step down.
  548. 18:49You're ordered return at 1:30. Thank
  549. 18:50you, counsel.
  550. 21:26All right, good afternoon again, Ms.
  551. 21:27Clark.
  552. 21:29Um in our discussions after you left to
  553. 21:32do some research on that issue we were
  554. 21:34discussing in chambers,
  555. 21:36uh Mr. Shapiro suggested that he would
  556. 21:39uh
  557. 21:40alter his order of examination. And
  558. 21:44we'll take that matter up uh first thing
  559. 21:45tomorrow, but
  560. 21:48but I'd like to put I'd like to put in
  561. 21:49at least an hour or so,
  562. 21:52get as much done as we can this
  563. 21:53afternoon. We're going to go past the uh
  564. 21:553:00 hour.
  565. 21:58Thank you, all.
  566. 21:58All right.
  567. 22:01All right, anything else? Any other
  568. 22:02surprises?
  569. 22:05All right, Deputy Magnalla, stand for
  570. 22:06your oath, please.
  571. 22:09Members of our jury panel,
  572. 22:11Detective Van Atter, would you resume
  573. 22:12the witness stand, please?
  574. 22:19All right, good afternoon, Detective.
  575. 22:20You're reminded you're still under oath.
  576. 22:22Mr. Shapiro, you may continue.
  577. 22:24Thank you, Anna. Good afternoon again,
  578. 22:25ladies and gentlemen.
  579. 22:27Detective Van Atter, over the noon hour
  580. 22:30uh
  581. 22:30you were requested to find your notes of
  582. 22:33the activities that took place at Bundy
  583. 22:36and Rockingham on the uh 12th through
  584. 22:39the 13th of uh June. Have you been able
  585. 22:42to locate those notes?
  586. 22:44I didn't realize I was supposed to do
  587. 22:45that, but as far as actual physical
  588. 22:47notes, there aren't any other than the
  589. 22:50partial statement I was doing on Kato
  590. 22:52Kaelin.
  591. 22:53And that consist of two paragraphs?
  592. 22:55Approximately, yeah.
  593. 22:57And that's the extent of uh
  594. 22:59what was what took place as far as
  595. 23:01recording information by you?
  596. 23:04I directed other information be
  597. 23:06recorded, but yes, that's true.
  598. 23:10Now,
  599. 23:11when you went through your uh
  600. 23:15walk-through at the Bundy crime scene,
  601. 23:19you told us that took approximately 10
  602. 23:20minutes.
  603. 23:22Yeah, yeah, approximately 10 minutes, 10
  604. 23:25to 15 minutes.
  605. 23:26You testified 10 minutes on your direct
  606. 23:29examination yesterday. Are you more
  607. 23:30comfortable with 10 to 15 minutes?
  608. 23:33That's an approximation, 10.
  609. 23:36You weren't keeping any log records of
  610. 23:38the time you entered the actual scene
  611. 23:40and left.
  612. 23:41No, sir.
  613. 23:42Did you check in with somebody at the
  614. 23:44Bundy address who was keeping such time
  615. 23:47records?
  616. 23:49When I arrived there?
  617. 23:50When you arrived and everything and when
  618. 23:52you walked through, yes.
  619. 23:54I signed in on the crime scene log when
  620. 23:56I arrived, yes.
  621. 23:57Would that be something that would be
  622. 23:58proper to maintain in the crime scene
  623. 24:00log, how long you spent inside the crime
  624. 24:03scene?
  625. 24:04No.
  626. 24:06How long did Detective uh
  627. 24:09Lang spend inside the crime scene?
  628. 24:13In his walk-through?
  629. 24:17I believe it was about 15 minutes,
  630. 24:19approximately 15 minutes.
  631. 24:21He was there a little longer than you?
  632. 24:22Yes.
  633. 24:24And you were not accompanying him at
  634. 24:25that time.
  635. 24:26No, I did not.
  636. 24:27outside on Bundy and Dorothy.
  637. 24:30Yes.
  638. 24:33And after he finished his walk-through,
  639. 24:35did you then immediately go to
  640. 24:38Rockingham?
  641. 24:44It was within a few minutes. We left
  642. 24:45there at approximately 5:00 that
  643. 24:47morning, yes.
  644. 24:49So, we discussed it before we left.
  645. 24:51He came out, you discussed it for a few
  646. 24:53minutes with him as to what he saw?
  647. 24:55Yes.
  648. 24:56And then uh
  649. 24:58the decision was made to go make the
  650. 24:59notification.
  651. 25:01That's correct, and you left immediately
  652. 25:02thereafter. Yes.
  653. 25:04Now, according to the logs, Detective uh
  654. 25:07Lang arrived at 4:25 in the morning.
  655. 25:11That's correct. And so, if he did a
  656. 25:1215-minute walk-through, that would uh be
  657. 25:16about 4:40, correct?
  658. 25:20If he immediately went on the
  659. 25:22walk-through, I'm not sure that that was
  660. 25:23the sequence of events. Well, how long
  661. 25:25did he wait before he went on the
  662. 25:26walk-through that you recall?
  663. 25:31I really couldn't answer that. I really
  664. 25:33don't know. Weren't you concerned with
  665. 25:34trying to get this thing going and start
  666. 25:36your investigation?
  667. 25:39That's what we did, yes.
  668. 25:41So, don't you now have about uh 20
  669. 25:43minutes unaccounted for when nothing is
  670. 25:45being done while you and your partner
  671. 25:47are there?
  672. 25:50I don't understand that.
  673. 25:53Well, if you arrive if Lang, according
  674. 25:55to the chronological record, arrived at
  675. 25:59uh
  676. 26:004:25,
  677. 26:03did a 15-minute walk-through,
  678. 26:05spent a few minutes before and a few
  679. 26:07minutes after,
  680. 26:09uh
  681. 26:10let's say even to That would make it
  682. 26:114:45,
  683. 26:13and there's 15 minutes before you leave.
  684. 26:15Was there an investigation that you
  685. 26:17people were doing uh during that 15
  686. 26:19minutes of Bundy?
  687. 26:21I think part of the investigation is
  688. 26:23myself and my partner conversing so we
  689. 26:26so we know what we have and so we sort
  690. 26:28of understand what's going on at that
  691. 26:30point. And I take it you notified a
  692. 26:32criminalist at that point because you
  693. 26:34now had determined it was a bloody crime
  694. 26:36scene, did you not? Not at that point,
  695. 26:38no. And you notified the coroner because
  696. 26:41you wanted to uh
  697. 26:42clearly ascertain the time of death.
  698. 26:45Not at that point.
  699. 26:47And you called for a photographer to
  700. 26:48videotape the entire uh crime scene in
  701. 26:51the most undisturbed way, did you not?
  702. 26:55A photographer was there when I got
  703. 26:56there.
  704. 26:57And did you direct the photographer to
  705. 26:58take an overall view of the complete
  706. 27:01pattern of all the uh
  707. 27:03footwear impressions that you had seen?
  708. 27:07I believe my partner did that.
  709. 27:08And was that done
  710. 27:12Was that done?
  711. 27:12Yeah, did the photographer do that?
  712. 27:14Follow those orders?
  713. 27:15To the best of my knowledge, yeah.
  714. 27:16And so you have seen a photograph that
  715. 27:18shows the entire pathway
  716. 27:20with
  717. 27:20all the footprints that you intend to
  718. 27:23talk about in this case?
  719. 27:25I believe it does, yes.
  720. 27:27And
  721. 27:28did you call for someone to videotape
  722. 27:30the entire crime scene?
  723. 27:31No, sir, I did not.
  724. 27:32And did you call for a light truck to
  725. 27:36illuminate the area so that you could
  726. 27:37better ascertain whether or not there
  727. 27:40might be another matching glove
  728. 27:43to the one that you had seen by the body
  729. 27:45of Ronald Goldman?
  730. 27:47I did not.
  731. 27:49And did you cause a grid search to be
  732. 27:52done at the location to look for
  733. 27:55uh
  734. 27:56a matching or second glove at that
  735. 27:58location?
  736. 28:00No, I didn't.
  737. 28:03As a detective, would you agree that it
  738. 28:06is important for you to be able to
  739. 28:08prioritize
  740. 28:10what you're going to do regarding a
  741. 28:12crime scene investigation?
  742. 28:14Yes.
  743. 28:15Some things are more important than
  744. 28:16others, is that correct?
  745. 28:19Yeah, they're all important. That's a
  746. 28:20general statement. Uh
  747. 28:23Everything's important.
  748. 28:24But you can't do everything at the same
  749. 28:26time, can you?
  750. 28:27No, I wish I could.
  751. 28:29So therefore you have to prioritize,
  752. 28:30don't you?
  753. 28:32According to what the scene is, yes.
  754. 28:35Each one is different. Each one has
  755. 28:37different priorities.
  756. 28:38And if you had to prioritize between
  757. 28:41notifying
  758. 28:43the ex-husband
  759. 28:45of a victim and beginning a crime scene
  760. 28:48investigation, what one of the two would
  761. 28:51you feel would be more important?
  762. 28:55Putting it just in those terms with with
  763. 28:58the other circumstances left out, I
  764. 29:01would say start the crime scene
  765. 29:03investigation, but there were other
  766. 29:05circumstances that came into play in
  767. 29:07this.
  768. 29:09And how many officers uh
  769. 29:13would you
  770. 29:15use to make a death notification?
  771. 29:19Personally.
  772. 29:23That would depend on the circumstances.
  773. 29:27And is there any criteria as to who can
  774. 29:30make a death notification within the Los
  775. 29:32Angeles Police Department?
  776. 29:37As to who?
  777. 29:38Yes.
  778. 29:40I would think any sworn personnel could.
  779. 29:43Now, Commander Bushy is the commander of
  780. 29:47the West Bureau. Is that correct?
  781. 29:50He's the assistant commander, I believe,
  782. 29:52of West Bureau.
  783. 29:53And West Bureau does not encompass the
  784. 29:56robbery-homicide
  785. 29:58division, does it not? Does it?
  786. 30:00No.
  787. 30:00It does not, I should say.
  788. 30:02It does not.
  789. 30:03Uh
  790. 30:05And that order that you heard about
  791. 30:07secondhand was from Detective Phillips,
  792. 30:10who was told by Commander Bushy that he
  793. 30:12should make a personal notification.
  794. 30:13Isn't that correct?
  795. 30:14Yes.
  796. 30:17And during the hour and 5 minutes that
  797. 30:20Detective Phillips was waiting for you,
  798. 30:22did you ask him if he had gone to make a
  799. 30:25personal notification?
  800. 30:28He told me that he hadn't.
  801. 30:30Did you ask him why he didn't, why he
  802. 30:31was just deciding to stand out in the
  803. 30:33middle of the street for an hour and 5
  804. 30:34minutes?
  805. 30:35No.
  806. 30:36Isn't that something that could have
  807. 30:38easily have been done by Detective
  808. 30:40Phillips, to your knowledge?
  809. 30:43That could have been done, but that
  810. 30:45would not be
  811. 30:48the proper way to do it without us being
  812. 30:50present.
  813. 30:54What about Detective Fuhrman? Could he
  814. 30:56have gone with uh
  815. 30:59Detective Phillips to make a death
  816. 31:00notification?
  817. 31:02Of course he could have, but it still
  818. 31:04wouldn't have been the proper way
  819. 31:05without us being there.
  820. 31:06Well, what about Lieutenant Rogers, who
  821. 31:07was your supervisor? Could he have gone?
  822. 31:10Certainly.
  823. 31:10He's not a homicide investigator, is he?
  824. 31:13No, he's a supervisor.
  825. 31:14He's not an investigator, is he?
  826. 31:17He's a lieutenant.
  827. 31:18Is he an investigator?
  828. 31:21Is it Is
  829. 31:21By rank or or
  830. 31:23Is it his job to investigate homicide
  831. 31:25scenes?
  832. 31:26No, it's his job to supervise.
  833. 31:28So, he he from your bureau could have
  834. 31:30gone and made the notification.
  835. 31:32Certainly.
  836. 31:34And the 25 other people that were there
  837. 31:36could have gone to make the
  838. 31:37notification.
  839. 31:39That's correct.
  840. 31:43And as far as directions to that
  841. 31:46location, once you were at Bundy, would
  842. 31:48you have any difficulty if somebody
  843. 31:51there said the location that you want to
  844. 31:54go to is at Rockingham and Sunset, take
  845. 31:58Sunset about 2 miles and turn right on
  846. 32:00Rockingham, three blocks. Would you be
  847. 32:02able to follow those directions?
  848. 32:04Me personally?
  849. 32:05Yes.
  850. 32:05Yes.
  851. 32:06So, you didn't need anybody to take you
  852. 32:08to that location, did you?
  853. 32:09Well,
  854. 32:11yeah, because we didn't know where the
  855. 32:12location was and we thought it would
  856. 32:14speed up the process.
  857. 32:16Plus, we needed their assistance.
  858. 32:18As I had explained before.
  859. 32:20Just where the location was.
  860. 32:23You've already conceded that if somebody
  861. 32:25told you to go
  862. 32:26west on Sunset to Rockingham and turn
  863. 32:29right, go up three blocks, you would
  864. 32:31have been able to follow that and find
  865. 32:32that, would you not?
  866. 32:33Certainly I could have.
  867. 32:35And it's not a difficult location to
  868. 32:36find, is it?
  869. 32:37No.
  870. 32:38Not hidden in any way?
  871. 32:39No.
  872. 32:42And at the time you arrived, you had for
  873. 32:44the first time met uh
  874. 32:47Detectives Phillips and Furman. Is that
  875. 32:48correct?
  876. 32:49That's correct.
  877. 32:51And you were there to notify them that
  878. 32:54uh
  879. 32:54or to officially take over because they
  880. 32:56had been notified they'd been relieved.
  881. 32:59That's correct.
  882. 33:00And in police uh
  883. 33:02practice, I take it that this is a big
  884. 33:05case.
  885. 33:07Would you agree with that?
  886. 33:11That's a very subjective term. Uh
  887. 33:15It's a big case because the
  888. 33:17the press and the media has made it a
  889. 33:19big case.
  890. 33:20All All homicides are to me are big
  891. 33:23cases.
  892. 33:25And that to be involved in a case like
  893. 33:26this from a detective's point of view is
  894. 33:29a feather in your cap, is it not?
  895. 33:32Not in my cap, no.
  896. 33:34And to be relieved from a case like this
  897. 33:37uh would be a tremendous disappointment
  898. 33:39for uh a a young detective, would it
  899. 33:42not?
  900. 33:42Objection.
  901. 33:44Sustain.
  902. 33:53You've also told us that you went over
  903. 33:55Did anybody tell you you should go to
  904. 33:58Rockingham to check on the welfare of
  905. 34:00the children?
  906. 34:06That question, I don't follow that
  907. 34:08question. The children's welfare was not
  908. 34:11The children were at uh West L.A.
  909. 34:13station.
  910. 34:14Did anybody tell you to go to Rockingham
  911. 34:16because the children's welfare was at
  912. 34:18issue?
  913. 34:19No, that was a a uh determination that
  914. 34:22myself and my partner made.
  915. 34:24And so you determined with all the
  916. 34:26officers in the juvenile division, all
  917. 34:28the officers at West Los Angeles, all
  918. 34:31the members available to take care of
  919. 34:33juveniles, you were going to take it
  920. 34:35upon yourself to prioritize
  921. 34:38and put that interest first. Is that
  922. 34:41your testimony?
  923. 34:42That was one of my priorities,
  924. 34:44absolutely.
  925. 34:44You're not a juvenile officer.
  926. 34:47No, but I think we went through this
  927. 34:49once before. Uh
  928. 34:51I had two very young children
  929. 34:54that had been taken from their bed, from
  930. 34:56their home
  931. 34:57by uniform police officers
  932. 35:00at a scene that their mother had been
  933. 35:02murdered at.
  934. 35:04And uh that's very, very traumatic for
  935. 35:07adults
  936. 35:10besides thinking about minor children.
  937. 35:13To me,
  938. 35:14these children are very, very important
  939. 35:16people and they have to be cared for.
  940. 35:18And to be sitting in a police station
  941. 35:22is a very traumatic thing for children
  942. 35:24and and that was very important to me to
  943. 35:27try and get them with family members.
  944. 35:29And I And I agree with you. But in
  945. 35:32balancing that against the 25 other
  946. 35:34officers who were at the scene who could
  947. 35:36have performed the same function
  948. 35:38and you being the only person who could
  949. 35:40mit admit people into the crime scene,
  950. 35:45is it your opinion that others could
  951. 35:47have equally satisfied the requirement
  952. 35:50of taking care of these young children
  953. 35:52who are in such desperate uh need of
  954. 35:55being reunited?
  955. 35:59Well Uh
  956. 36:01I'm sort of lost on the question. Could
  957. 36:03Could someone else have done what I did?
  958. 36:06Regarding the children.
  959. 36:07Certainly someone else could have.
  960. 36:08Yes, no one No one else other than Lang
  961. 36:11and yourself could have allowed access
  962. 36:13into the crime scene.
  963. 36:17At that point I would say no.
  964. 36:20But yet you chose to leave the crime
  965. 36:22scene not only by your with yourself and
  966. 36:25with your partner, but with the only two
  967. 36:27other investigators in the homicide area
  968. 36:31who could have also had some seasoning
  969. 36:34regarding the entry and exit into a
  970. 36:37crime scene. Is that correct?
  971. 36:39Yes.
  972. 36:41So, the scene is left now
  973. 36:44not to be
  974. 36:46investigated at all
  975. 36:48with the four people who have expertise
  976. 36:50in homicide investigations, so you can
  977. 36:53go do two things: notify the ex-spouse
  978. 36:57of the death
  979. 36:58and to provide in West LA for the care
  980. 37:03and comfort of the two young children.
  981. 37:06Sustain.
  982. 37:11Your purpose
  983. 37:13in taking four officers to go to the
  984. 37:16Rockingham estate was for solely for the
  985. 37:18notification. Is that correct?
  986. 37:21Our purpose for taking four officers was
  987. 37:24was actually twofold. Number one, they
  988. 37:26could direct us to the location because
  989. 37:28Fuhrman had been there before.
  990. 37:31And number two, we intended on them
  991. 37:34helping us with the notification,
  992. 37:37helping Mr. Simpson
  993. 37:39to
  994. 37:41make a disposition of the children, for
  995. 37:43us to meet Mr. Simpson
  996. 37:46for a later interview.
  997. 37:48Well, this wouldn't be a good time to
  998. 37:50establish a rapport with Mr. Simpson,
  999. 37:51would it?
  1000. 37:54It's as good a time as any time.
  1001. 37:55So, you're going to knock on the door,
  1002. 37:57tell Mr. Simpson you have horrible news
  1003. 38:00that his ex-wife has just been
  1004. 38:03murdered, and plus we'd like to get to
  1005. 38:06know you and talk about this. So, let's
  1006. 38:08just sit down and talk for a while. Is
  1007. 38:10that what you're telling us, sir?
  1008. 38:11No, we didn't intend interviewing them.
  1009. 38:13We intended to meet him,
  1010. 38:16go back, do the crime scene, and set up
  1011. 38:18a later interview with him.
  1012. 38:20Well, you had additional information
  1013. 38:21regarding Mr. Simpson when you went over
  1014. 38:23there, didn't you?
  1015. 38:27I had information Detective Furman told
  1016. 38:30us that he had been at the location
  1017. 38:32before on a 415 dispute call, yes.
  1018. 38:35And he told you that arrest that
  1019. 38:37resulted
  1020. 38:39Did he also tell you that there had been
  1021. 38:42previous incidents of domestic violence
  1022. 38:45regarding O.J. Simpson and Nicole Brown
  1023. 38:48Simpson?
  1024. 38:49He didn't tell me that, no. He told me
  1025. 38:52he had been there on a previous
  1026. 38:53incident.
  1027. 38:53Did he tell your partner there had been
  1028. 38:55previous incidents of domestic violence?
  1029. 39:00Detective Kaelin called the residence.
  1030. 39:03Oh.
  1031. 39:06There could have been some conversation
  1032. 39:07about an '89 incident. The main what I
  1033. 39:11recall most
  1034. 39:13is he stated that he had been there
  1035. 39:16on a previous radio call and knew where
  1036. 39:19the location was. And that the radio
  1037. 39:21call was
  1038. 39:23in regards to a 415 family dispute.
  1039. 39:28You have reviewed the uh
  1040. 39:31report that's entitled the follow-up
  1041. 39:33report, have you not?
  1042. 39:34Yes.
  1043. 39:35And that's really a misnomer because it
  1044. 39:37doesn't follow up to any other report
  1045. 39:38that was done by your Detective Lange,
  1046. 39:40does it?
  1047. 39:43A misnomer?
  1048. 39:45Well, it says follow-up report, doesn't
  1049. 39:46that tend to cause one to think that
  1050. 39:49there was a report before this that this
  1051. 39:51follows?
  1052. 39:52Well, there was a report before that.
  1053. 39:54Detective
  1054. 39:55you and Lange?
  1055. 39:56Yes.
  1056. 39:57At the preliminary hearing you were
  1057. 39:59asked that question. You said there
  1058. 40:00wasn't. Do you recall that testimony?
  1059. 40:04No, I don't recall saying that, no.
  1060. 40:07We'll show that to you in a minute.
  1061. 40:19So, you're telling me now that it was uh
  1062. 40:21Fuhrman who gave you the information
  1063. 40:22regarding the domestic violence. Is that
  1064. 40:24correct?
  1065. 40:25Or Lange?
  1066. 40:26It was a conversation that was had in
  1067. 40:28the street and I believe all four of us
  1068. 40:30was there and
  1069. 40:33as I recall Fuhrman
  1070. 40:35said something to Phillips and then and
  1071. 40:38I'm not sure whether it was Fuhrman or
  1072. 40:39Phillips that relayed the information.
  1073. 40:42My information was that Fuhrman had been
  1074. 40:44there earlier.
  1075. 40:49Do you have any information that Mr.
  1076. 40:50Simpson had previously been arrested?
  1077. 40:53Or just that they responded to a 415?
  1078. 41:00Well, I think my information is Mr.
  1079. 41:02Simpson was never arrested on that case.
  1080. 41:05I think that's the information.
  1081. 41:08And uh isn't it true, sir, that one of
  1082. 41:11the reasons that you wanted to leave the
  1083. 41:15crime scene and go to the Simpson
  1084. 41:17residence was because you had
  1085. 41:19information that there had been previous
  1086. 41:21instances of domestic violence and you
  1087. 41:25immediately suspected the ex-husband as
  1088. 41:28being the person responsible in these
  1089. 41:30cases?
  1090. 41:31No, that's not true.
  1091. 41:34Your Honor, may I approach the witness?
  1092. 41:36Actually, let me put this up on the
  1093. 41:37Elmo. We've already talked about this if
  1094. 41:39you want.
  1095. 41:57Is this the last sentence?
  1096. 41:59No, this is on another report.
  1097. 42:03All right. I don't believe we took that
  1098. 42:04up specifically.
  1099. 42:05All right, let me let me approach it
  1100. 42:06another way. Do you object to this, sir?
  1101. 42:08Let me ask you this. You have read the
  1102. 42:10murder follow-up report, have you not?
  1103. 42:12Yes.
  1104. 42:13And are there any errors or omissions in
  1105. 42:15that report?
  1106. 42:19Errors and omissions?
  1107. 42:25I I'm I'm comfortable with the report if
  1108. 42:27that's what you're asking me.
  1109. 42:28And you stand by that report, do you
  1110. 42:30not?
  1111. 42:31Well, I think it's a general overall a
  1112. 42:33general overall view of what occurred,
  1113. 42:35yes.
  1114. 42:36Well, it's more than that. It's the only
  1115. 42:37recordation that you and your partner
  1116. 42:38have done regarding this case, isn't
  1117. 42:40that correct?
  1118. 42:42No.
  1119. 42:44You'll show us later what other
  1120. 42:45recordations you and your partner have
  1121. 42:47done.
  1122. 42:47Well, I think I I think I testified
  1123. 42:49earlier that there's been death reports
  1124. 42:51made on both victims and uh murder
  1125. 42:53reports made on both of
  1126. 42:54I'm talking about the facts surrounding
  1127. 42:57the investigation and the information
  1128. 42:58you have.
  1129. 43:01Are there any other reports in along
  1130. 43:03those areas that were done by you or
  1131. 43:04your partnership?
  1132. 43:05Well, there's been reports done through
  1133. 43:06the entire investigation. There's three
  1134. 43:09books full of reports.
  1135. 43:10Well,
  1136. 43:10your reports for us, okay? The ones that
  1137. 43:12you and your partner have done.
  1138. 43:14Is that Is that a question?
  1139. 43:15Would you do that for us, please? That's
  1140. 43:16a request. Not now.
  1141. 43:18There's three books of reports.
  1142. 43:20I don't know if you can do that tonight.
  1143. 43:22Uh let me uh draw your attention to the
  1144. 43:24second paragraph and ask you to read
  1145. 43:26that.
  1146. 43:37Okay.
  1147. 43:40Did you have a chance to
  1148. 43:41To read that?
  1149. 43:41Yes.
  1150. 43:43And does that refresh your memory as
  1151. 43:45what Detective Phillips told uh you and
  1152. 43:47Detective Lang?
  1153. 43:49That's a possibility that he said that,
  1154. 43:51yes. But again, my information is Mr.
  1155. 43:54Simpson was never arrested on that case.
  1156. 43:56What What does your report indicate in
  1157. 43:58that regard, sir?
  1158. 44:00Do you want me to read it?
  1159. 44:01Yeah.
  1160. 44:02Okay.
  1161. 44:03The entire paragraph?
  1162. 44:05Well, let's read the part with what you
  1163. 44:07said to Phillips soldier.
  1164. 44:12Phillips stated that victim Brown was
  1165. 44:14the ex-wife of O.J. Simpson, a
  1166. 44:15well-known athlete actor.
  1167. 44:18Additionally, Phillips stated that Mr.
  1168. 44:19Simpson and victim one had been
  1169. 44:21embroiled in a previous domestic
  1170. 44:23violence situation.
  1171. 44:25One of these resulting in the arrest of
  1172. 44:26Mr. Simpson.
  1173. 44:28You said in a previous domestic violence
  1174. 44:30situation. Is that what it says, sir?
  1175. 44:34That's what the report says, yes.
  1176. 44:35It doesn't say in previous domestic
  1177. 44:37violence situations, plural?
  1178. 44:40Situations, yeah.
  1179. 44:41Is there a difference between situation
  1180. 44:44and situations, sir?
  1181. 44:45One is plural and one is singular, yes.
  1182. 44:48Is there any significance to that in
  1183. 44:49putting that in a report?
  1184. 44:55Significance? I I
  1185. 44:58I don't know I don't know how to answer
  1186. 45:00that. Apparently, that's referring to
  1187. 45:02more than one incident.
  1188. 45:38Now, the location that you were going to
  1189. 45:40was Rockingham, is that correct?
  1190. 45:44360 North Rockingham from Bundy?
  1191. 45:46From Bundy, yes.
  1192. 45:49And you came down Rockingham as you
  1193. 45:50showed us in that nice video that uh
  1194. 45:54you prepared, is that correct?
  1195. 45:57What's the question?
  1196. 45:59You came down Rockingham
  1197. 46:02when you were going to the house
  1198. 46:05at when you were trying to locate the
  1199. 46:07address of 360 North Rockingham.
  1200. 46:10We drove north on Rockingham, yes.
  1201. 46:12Yes, okay.
  1202. 46:12Yeah, and I I didn't I didn't understand
  1203. 46:15your question.
  1204. 46:16You guys have to stop talking over each
  1205. 46:17other here.
  1206. 46:18I want to make it clear.
  1207. 46:20And when you drove up
  1208. 46:23you uh
  1209. 46:25saw a gate
  1210. 46:27and an address 360 uh North Rockingham,
  1211. 46:30did you not?
  1212. 46:34Yes, I did.
  1213. 46:36Why didn't you park on Rockingham?
  1214. 46:41I don't know. I followed uh Detective
  1215. 46:42Phillips and parked behind him.
  1216. 46:44I
  1217. 46:45If you were looking for a reason
  1218. 46:47I'm sorry.
  1219. 46:47Did you finish?
  1220. 46:48No reason.
  1221. 46:53Clearly there was an entrance on
  1222. 46:54Rockingham.
  1223. 46:55Yes.
  1224. 46:56And clearly the front door faced
  1225. 46:57Rockingham.
  1226. 47:00I don't think I could tell that as I
  1227. 47:02drove up the street. I couldn't see the
  1228. 47:04front door.
  1229. 47:04Well, you could see the front door
  1230. 47:05through the gate, couldn't you?
  1231. 47:07Um
  1232. 47:08when I when I walked over and looked,
  1233. 47:10yes, but when I was driving up I didn't
  1234. 47:12see it.
  1235. 47:22Isn't it true, sir, that uh
  1236. 47:25you were going over to Rockingham
  1237. 47:28in addition to
  1238. 47:34making what you have said as a
  1239. 47:36notification to look for criminal
  1240. 47:38activity?
  1241. 47:42Um
  1242. 47:43I think I think it crossed my mind not
  1243. 47:45criminal activity. I think it crossed my
  1244. 47:47mind to check on the welfare because of
  1245. 47:49the
  1246. 47:50closeness of the scene and the violence
  1247. 47:52of the scene.
  1248. 47:53The welfare of whom?
  1249. 47:54The welfare of the occupants of the home
  1250. 47:56since there was a tie to the to the two
  1251. 47:59uh locations.
  1252. 48:00And who did you determine were the
  1253. 48:01occupants of the home?
  1254. 48:04Which home, sir?
  1255. 48:06The home you were going to check on the
  1256. 48:07welfare of the occupants in.
  1257. 48:09Mr. Simpson's home.
  1258. 48:10Well, who were the occupants of that
  1259. 48:11home that you went to check on?
  1260. 48:14At that point?
  1261. 48:15Yeah.
  1262. 48:16Anybody that was there.
  1263. 48:19Well, didn't you have something fixed in
  1264. 48:20your mind when you say you were going to
  1265. 48:22check on the welfare of somebody? Whose
  1266. 48:23welfare were you going to check on, sir?
  1267. 48:27Mr. Simpson.
  1268. 48:31Cuz you were concerned about him,
  1269. 48:33weren't you?
  1270. 48:35I I wasn't so much concerned about him.
  1271. 48:37I was
  1272. 48:39I had concerns for the children.
  1273. 48:44I wanted to meet him.
  1274. 48:46I was informed that a commander of the
  1275. 48:48police department had ordered a
  1276. 48:51in-person
  1277. 48:52notification.
  1278. 48:56And uh I knew it was going to be a uh
  1279. 49:00very newsworthy case.
  1280. 49:02And I thought it best that we make a
  1281. 49:04notification before the press did.
  1282. 49:07Have you memorized that response? It's
  1283. 49:09about the third time you've given it to
  1284. 49:10us.
  1285. 49:12Sustain.
  1286. 49:14Jury is to disregard that last question.
  1287. 49:16Is that the verbatim response you gave
  1288. 49:17at the preliminary hearing?
  1289. 49:19I I don't know.
  1290. 49:22Sustain.
  1291. 49:26Mr. Darden, I caution you on something.
  1292. 49:27I don't expect the next question to be
  1293. 49:29the same thing.
  1294. 49:29Thank you, all right.
  1295. 49:30I apologize.
  1296. 49:36My question was
  1297. 49:37were you concerned with the health and
  1298. 49:39welfare of O.J. Simpson when you went to
  1299. 49:42Rockingham?
  1300. 49:46Not until I got there. I mean, there's
  1301. 49:48there's always a concern when you have
  1302. 49:50relatives, but not until other criteria
  1303. 49:52was met.
  1304. 49:54Okay.
  1305. 49:56In order to make this notification now,
  1306. 49:58four detectives
  1307. 50:00arrive at Rockingham.
  1308. 50:03Before you went there, because of these
  1309. 50:05concerns, I take it you notified the
  1310. 50:07communications department as to where
  1311. 50:08you were going.
  1312. 50:10No.
  1313. 50:15Because of your concerns about welfare,
  1314. 50:17I take it that you called for black and
  1315. 50:19whites to meet you there.
  1316. 50:22After I got there, I did, yes.
  1317. 50:24Upon arrival, you called for black and
  1318. 50:25whites?
  1319. 50:26No, after after other circumstances were
  1320. 50:28met.
  1321. 50:29How long did it take for you to call for
  1322. 50:30black and whites?
  1323. 50:36Probably 15-20 minutes.
  1324. 50:38What time did you call for the black and
  1325. 50:39whites?
  1326. 50:41I I didn't do it. I don't know exactly.
  1327. 50:45Is that recorded in your log somewhere?
  1328. 50:47No.
  1329. 50:52You testified that for 10 to 15 minutes,
  1330. 50:55four detectives took turns ringing the
  1331. 50:57buzzer.
  1332. 50:58To that activated a telephone that you
  1333. 51:02could hear ringing from outside.
  1334. 51:04Is that correct, sir?
  1335. 51:05Yes.
  1336. 51:07And would you say that that telephone
  1337. 51:09rings
  1338. 51:10for about a second
  1339. 51:14before another ring comes on?
  1340. 51:17Ooh, I don't know. There were five or
  1341. 51:19six rings
  1342. 51:21before it stopped.
  1343. 51:24Would you say that uh
  1344. 51:27since you could hear it outside,
  1345. 51:30it would be your opinion that clearly
  1346. 51:31somebody could hear it inside if
  1347. 51:33somebody was inside. Is that correct?
  1348. 51:37Yes.
  1349. 51:39And would you say that 10 to 15 minutes
  1350. 51:41is a very long time to ring
  1351. 51:47someone.
  1352. 51:52At 5:00 in the morning, I don't know. I
  1353. 51:54don't know whether that is or not. Have
  1354. 51:56you ever called someone to try to get
  1355. 51:59someone on the telephone and let the
  1356. 52:00telephone ring for 10 to 15 minutes?
  1357. 52:08I don't think so. No, I don't know for
  1358. 52:10sure.
  1359. 52:12And the four detectives are now taking
  1360. 52:14turns pushing uh this buzzer device on
  1361. 52:17the gate?
  1362. 52:19Well, I think there were three of us
  1363. 52:21that rang it. I don't ever recall
  1364. 52:24Fuhrman ringing the bell.
  1365. 52:26Now, Fuhrman's role in coming there was
  1366. 52:28purely to show you how to get there. Is
  1367. 52:30that your testimony?
  1368. 52:31And assist.
  1369. 52:33Overruled.
  1370. 52:35You can answer it.
  1371. 52:36No.
  1372. 52:41Was he coming as a backup unit for you?
  1373. 52:43No.
  1374. 52:46Was he coming to help you investigate?
  1375. 52:48No.
  1376. 52:49Was he coming to introduce you to Mr.
  1377. 52:51Simpson?
  1378. 52:52No.
  1379. 52:55Was he coming to help you in the
  1380. 52:56notification?
  1381. 52:59He was coming we were going to make the
  1382. 53:01notification. He was coming to assist
  1383. 53:02Mr. Simpson if he needed assistance.
  1384. 53:05And he had volunteered for that?
  1385. 53:08No, we asked him to accompany us.
  1386. 53:10You asked him to come with you to help
  1387. 53:12Mr. Simpson in case Mr. Simpson needed
  1388. 53:14something.
  1389. 53:16Is that correct?
  1390. 53:18That was part of the reasoning, yes.
  1391. 53:20And Detective Phillips, why was he
  1392. 53:22coming?
  1393. 53:23Same reason.
  1394. 53:24He was coming to see if he would help
  1395. 53:26Mr. Simpson.
  1396. 53:28Yes.
  1397. 53:28And where in your reports did you
  1398. 53:30indicate
  1399. 53:32that this was your state of mind, sir?
  1400. 53:36I don't know that I did.
  1401. 53:39And where in your previous testimony
  1402. 53:41before the grand jury, did you indicate
  1403. 53:43this was
  1404. 53:46I think I testified they were there to
  1405. 53:48assist us.
  1406. 53:50And where in your previous testimony
  1407. 53:51under oath at a preliminary hearing did
  1408. 53:54you indicate
  1409. 53:55Uh the reason they were coming was to
  1410. 53:57help Mr. Simpson, sir.
  1411. 54:00I again testified they were there to
  1412. 54:01assist us.
  1413. 54:08After uh ringing the bell for 10 or 15
  1414. 54:11minutes, which activated a telephone
  1415. 54:13that you clearly heard ringing, then you
  1416. 54:15decided to try to call Mr. Simpson on
  1417. 54:18another telephone?
  1418. 54:22That was Yes, after after noticing that
  1419. 54:26the place had private security.
  1420. 54:29Requested that that we get a telephone
  1421. 54:32number from them, yes.
  1422. 54:33How would that assist you if the uh
  1423. 54:35telephone that was currently ringing was
  1424. 54:37not being of any uh
  1425. 54:39value?
  1426. 54:40We were trying anything to make contact
  1427. 54:43with
  1428. 54:43uh within the uh residence.
  1429. 54:46And as a policeman, do you have the
  1430. 54:47ability to get the phone numbers of
  1431. 54:50residents of homes?
  1432. 54:54Sometimes, not all the time.
  1433. 54:56Do you have Did you attempt to get the
  1434. 54:58phone number of O.J. Simpson through
  1435. 55:00police channels?
  1436. 55:02Yes.
  1437. 55:03What police channels did you use?
  1438. 55:05Contacted the watch commander and asked
  1439. 55:07him to contact uh West Tech Security to
  1440. 55:09see if they had any phone number for
  1441. 55:10him.
  1442. 55:11the telephone company? Anybody think of
  1443. 55:12calling the telephone company?
  1444. 55:14Well, if it's a published number, you
  1445. 55:16can get it. If it's non-published, you
  1446. 55:18cannot get it.
  1447. 55:19So, the police even policemen can't get
  1448. 55:21that.
  1449. 55:21That's correct.
  1450. 55:22So, if you called up the supervisor at
  1451. 55:25uh
  1452. 55:26the telephone company that services that
  1453. 55:28area and said uh this is an emergency
  1454. 55:30situation, identified yourself, we have
  1455. 55:32to get in touch with Mr. Simpson, can
  1456. 55:34you get the a number, they would not be
  1457. 55:36able to help you?
  1458. 55:37They would tell you to get a search
  1459. 55:38warrant if it was a non-published number
  1460. 55:40for an emergency, for anything.
  1461. 55:46In contacting Westec, did you ask them
  1462. 55:48to come out to the location?
  1463. 55:52I didn't contact them. I think I think
  1464. 55:54the thrust of it was to attempt to find
  1465. 55:57out if there was any travel plans and if
  1466. 55:59uh
  1467. 56:00and if they had a phone number.
  1468. 56:01Did anybody ask Westec to come out to
  1469. 56:03the location?
  1470. 56:07I don't know that.
  1471. 56:11Did anybody check with Westec as to uh
  1472. 56:13whether it was Mr. Simpson's habit and
  1473. 56:15custom to notify Westec every time he
  1474. 56:18went out of town?
  1475. 56:21Not to my knowledge.
  1476. 56:28You eventually got another number that
  1477. 56:30rang
  1478. 56:32with the same type of ringing that you
  1479. 56:34were getting from the front door, is
  1480. 56:35that correct?
  1481. 56:38From the front door?
  1482. 56:39Well, from the door from I'm sorry, from
  1483. 56:41the buzzer
  1484. 56:42outside the gate.
  1485. 56:43It was a telephone number that rang,
  1486. 56:45yes. And it was the same type of ring
  1487. 56:46that you heard that when you pressed the
  1488. 56:49uh
  1489. 56:50button at the gate.
  1490. 56:54I didn't make the phone call, but I
  1491. 56:55would say that was probably a good
  1492. 56:57assumption, yes.
  1493. 56:58And
  1494. 56:59are you aware of uh
  1495. 57:03getting a recording from an answering
  1496. 57:05machine?
  1497. 57:06I was told that, yes.
  1498. 57:07And you were told that the answering
  1499. 57:09machine said, "This is O.J. I'm out of
  1500. 57:11town.
  1501. 57:12I'll be back on Monday."
  1502. 57:16No, I don't recall that. I just I was
  1503. 57:18told that there was an answer uh
  1504. 57:22something to the effect "This is O.J.
  1505. 57:24I'm not home now." or something like
  1506. 57:26that.
  1507. 57:27You testified at the grand jury that the
  1508. 57:30only response that came on the machine
  1509. 57:32was OJ.
  1510. 57:35Do you recall that testimony?
  1511. 57:37No, I don't.
  1512. 57:42Did you uh
  1513. 57:46try to use any type of uh
  1514. 57:50bullhorn
  1515. 57:51to uh get Mr. Simpson's attention?
  1516. 57:54No, sir.
  1517. 57:55Did you try to flash any lights uh
  1518. 57:58into the house to get his attention?
  1519. 58:01Other than shining my flashlight into
  1520. 58:03the driveway, no.
  1521. 58:06Regarding the lighting in the driveway,
  1522. 58:08uh you told us that the front door was
  1523. 58:10well lit when you arrived. You arrived.
  1524. 58:12Isn't that correct?
  1525. 58:14No, I didn't say that.
  1526. 58:15Were there Aren't there coach lights on
  1527. 58:17the front door?
  1528. 58:21I don't know that. I recall a light
  1529. 58:23being on toward the front door,
  1530. 58:25someplace inside the residence, and then
  1531. 58:28toward the south side of the house.
  1532. 58:30And then as I recall, there was one on
  1533. 58:32upstairs that could have been the same
  1534. 58:34light that was illuminating
  1535. 58:36up and down.
  1536. 58:37How many times have you been to that
  1537. 58:38location?
  1538. 58:40Twice.
  1539. 58:41How many times have you seen photographs
  1540. 58:43of that location?
  1541. 58:48Several times. I don't know.
  1542. 58:50And it's your testimony that you don't
  1543. 58:51know whether or not there are coach
  1544. 58:52lights at the front entrance?
  1545. 58:54Well, that's a possibility. I I I don't
  1546. 58:56recall right now that there are coach
  1547. 58:58lights there.
  1548. 59:00And isn't it true, sir, that there is a
  1549. 59:03halogen street light
  1550. 59:05at the adjacent corner of uh
  1551. 59:08Ashford and Rockingham that completely
  1552. 59:11illuminates the front door?
  1553. 59:15No, that wouldn't be true. The front
  1554. 59:16door is recessed, as I recall.
  1555. 59:19There may be a light there that
  1556. 59:21illuminates part of the driveway, but
  1557. 59:23the front door itself is recessed.
  1558. 59:25Does it illuminate the area walking
  1559. 59:27immediately up to the front door, the
  1560. 59:30brick area?
  1561. 59:31I could see up to the up to the front of
  1562. 59:34the house, yes.
  1563. 59:35And it's very bright in that area
  1564. 59:36because of that halogen light, is it
  1565. 59:38not?
  1566. 59:40I I I don't know whether it's real
  1567. 59:42bright. I could see up there.
  1568. 59:44See clearly?
  1569. 59:46I could see up there. I could see there
  1570. 59:47was no one there.
  1571. 59:50Now, at any time did you give any
  1572. 59:52directions to Detective Fuhrman to
  1573. 59:57conduct an investigation outside
  1574. 1:00:00the residence?
  1575. 1:00:04No.
  1576. 1:00:05You're in charge, is that correct?
  1577. 1:00:08I'm one of the people in charge, yes.
  1578. 1:00:10Detective Lange?
  1579. 1:00:11Yes.
  1580. 1:00:11And the other people are there only to
  1581. 1:00:14assist you?
  1582. 1:00:15Yes.
  1583. 1:00:16They're working at your direction now?
  1584. 1:00:19They're experienced police officers.
  1585. 1:00:21They uh
  1586. 1:00:23They don't necessarily work at my
  1587. 1:00:25direction.
  1588. 1:00:26Well, you would not allow them to
  1589. 1:00:27independently
  1590. 1:00:29do anything at the Bundy crime scene,
  1591. 1:00:31would you?
  1592. 1:00:34I don't know what you mean by that,
  1593. 1:00:35independently do.
  1594. 1:00:37Any type of investigation at the Bundy
  1595. 1:00:38crime scene. All they were allowed to do
  1596. 1:00:40was stand in the street and wait for you
  1597. 1:00:41to come up. Isn't that correct?
  1598. 1:00:44Well, I I I wasn't there. That was not
  1599. 1:00:46my order.
  1600. 1:00:48And so therefore you wouldn't allow them
  1601. 1:00:50to do anything at the Rockingham crime
  1602. 1:00:52scene, would you, without your
  1603. 1:00:53direction?
  1604. 1:00:53No, that's not true. They're experienced
  1605. 1:00:55police officers.
  1606. 1:00:56So they can do whatever they want?
  1607. 1:00:58No, no, no, no, that's that's
  1608. 1:01:00misreading.
  1609. 1:01:01Experienced police officers have the
  1610. 1:01:03ability to work without direct
  1611. 1:01:06supervision at all times.
  1612. 1:01:09So, in your opinion, Mark Fuhrman could
  1613. 1:01:12do whatever he wanted based on his
  1614. 1:01:14experience at the Rockingham scene.
  1615. 1:01:20Ask me that again, please.
  1616. 1:01:24Based on Mark Fuhrman's experience as a
  1617. 1:01:27detective, which you were unaware of, he
  1618. 1:01:29had the
  1619. 1:01:32implicit permission from you to do any
  1620. 1:01:34investigation he wanted at the
  1621. 1:01:36Rockingham location.
  1622. 1:01:40I think the four of us were were
  1623. 1:01:41working. Yes, we're all police officers.
  1624. 1:01:45I want to make sure I have your answer
  1625. 1:01:47correctly.
  1626. 1:01:48That Mark Fuhrman
  1627. 1:01:50had the independent right to do any
  1628. 1:01:52investigation he wanted at the
  1629. 1:01:54Rockingham crime scene.
  1630. 1:02:00Sustained. Rephrase the question.
  1631. 1:02:04Was it your state of mind
  1632. 1:02:06as one of the two lead detectives that
  1633. 1:02:10Mark Fuhrman had the right
  1634. 1:02:12based on the fact that he was a
  1635. 1:02:14detective to do an independent
  1636. 1:02:16investigation at Rockingham?
  1637. 1:02:22Sustained. Rephrase the question.
  1638. 1:02:24Perhaps, your honor, can
  1639. 1:02:26Problem here is independent.
  1640. 1:02:29Did Detective Fuhrman have the right to
  1641. 1:02:31conduct an
  1642. 1:02:32an investigation at Rockingham without
  1643. 1:02:34your precise direction?
  1644. 1:02:37Of course, he did. He's a Los Angeles
  1645. 1:02:39police officer.
  1646. 1:02:40And that's what he did, isn't it?
  1647. 1:02:42Yes.
  1648. 1:02:44Even though he had been removed from
  1649. 1:02:46this case
  1650. 1:02:48and told by you that the only thing he
  1651. 1:02:50could do was at Bundy
  1652. 1:02:53was to secure the scene and stay
  1653. 1:02:56outside. Now, at Rockingham, he can do
  1654. 1:02:58whatever he wants.
  1655. 1:03:00Sustained.
  1656. 1:03:02He's free to conduct an investigation at
  1657. 1:03:03Rockingham. Is that correct?
  1658. 1:03:06He's there to assist me in the
  1659. 1:03:07investigation, yes.
  1660. 1:03:09Did you hear his testimony, sir?
  1661. 1:03:10Yes, I did.
  1662. 1:03:11Did you hear him testify that uh while
  1663. 1:03:14you guys were ringing the door, he
  1664. 1:03:15decided just take a walk down
  1665. 1:03:17Rockingham?
  1666. 1:03:18Yes.
  1667. 1:03:21Was that something that uh you asked him
  1668. 1:03:23to do?
  1669. 1:03:24No, but I don't have him on a leash,
  1670. 1:03:26either.
  1671. 1:03:27He's a capable man. He's capable of
  1672. 1:03:30walking around and uh I don't follow him
  1673. 1:03:32at all times.
  1674. 1:03:33Isn't he there to help you?
  1675. 1:03:35That was part of his uh part of his
  1676. 1:03:37assistance at that point.
  1677. 1:03:39He's just walking around?
  1678. 1:03:42Taking Taking a little walk?
  1679. 1:03:43Sure, why not? I did, too.
  1680. 1:03:46I thought this was became uh
  1681. 1:03:49a situation where you were really
  1682. 1:03:50concerned about people's welfare.
  1683. 1:03:53This was a situation I was concerned
  1684. 1:03:55about people's welfare.
  1685. 1:03:56Isn't it inconsistent if you're
  1686. 1:03:57concerned about people's welfare that
  1687. 1:03:59you'll just simply take a walk?
  1688. 1:04:01Well, I'm not sure that he simply took a
  1689. 1:04:03walk. Uh he walked down toward the uh
  1690. 1:04:08Rockford gate
  1691. 1:04:10or I'm sorry, Rockingham gate. Uh uh
  1692. 1:04:15I don't know what his state of mind was
  1693. 1:04:16when he was walking down through there.
  1694. 1:04:20Did he call you over to uh the Bronco?
  1695. 1:04:24He did at one point, yes.
  1696. 1:04:26How did he do that?
  1697. 1:04:29I was standing
  1698. 1:04:30in the intersection or near the
  1699. 1:04:32intersection of Ashford and Rockingham
  1700. 1:04:35and I saw him
  1701. 1:04:37walk a little way toward me from the
  1702. 1:04:39vehicle and call, "Hey, Phil, come over
  1703. 1:04:41here."
  1704. 1:04:42What were you doing standing in the
  1705. 1:04:43intersection?
  1706. 1:04:44I was standing
  1707. 1:04:46adjacent or close to Detective Phillips
  1708. 1:04:48who was talking with one of the Westec
  1709. 1:04:51people.
  1710. 1:04:53And where was uh Detective Lange?
  1711. 1:04:59Believe he was
  1712. 1:05:03Believe he was between me and the
  1713. 1:05:06intersection and the Ashford gate at
  1714. 1:05:08that time.
  1715. 1:05:10So, you had abandoned your attempts to
  1716. 1:05:11try to get in?
  1717. 1:05:13No, we were we were working with Westec
  1718. 1:05:16uh trying to get additional information
  1719. 1:05:19at that point.
  1720. 1:05:19What information were you trying to get
  1721. 1:05:21from Westec?
  1722. 1:05:22If there were travel plans, if they knew
  1723. 1:05:25whether there was anyone home,
  1724. 1:05:27if they had uh access to the location.
  1725. 1:05:31And you had to wait for somebody from
  1726. 1:05:32Westec to come out. Couldn't you get
  1727. 1:05:34that uh via your police radio and
  1728. 1:05:36communication system?
  1729. 1:05:40Could I have?
  1730. 1:05:41Yeah.
  1731. 1:05:44Well, I don't know why we were trying to
  1732. 1:05:46secure that through the watch commander.
  1733. 1:05:47A Westec unit drove up.
  1734. 1:05:51Just just drove by the location and we
  1735. 1:05:54stopped
  1736. 1:05:54coincident- coincidentally, huh?
  1737. 1:05:56Coincidentally, he drove by and we
  1738. 1:05:57stopped him.
  1739. 1:06:00Had the black and white arrived at that
  1740. 1:06:02time?
  1741. 1:06:11I believe it was in the same time frame
  1742. 1:06:13that the black and white arrived, yes.
  1743. 1:06:15When you drove up to Rockingham, did you
  1744. 1:06:17notice the Bronco initially?
  1745. 1:06:19I saw the car parked, yes.
  1746. 1:06:21Did you see it parked unusually?
  1747. 1:06:23It looked like it was hastily parked.
  1748. 1:06:26Hastily parked?
  1749. 1:06:27Yeah.
  1750. 1:06:30Do you find that people who lock cars
  1751. 1:06:32hastily park cars?
  1752. 1:06:36That's subjective, too. I guess I guess
  1753. 1:06:38that could be a yes or no either way.
  1754. 1:06:41How far from the curb was the uh front
  1755. 1:06:43wheel of the car?
  1756. 1:06:44Of the vehicle.
  1757. 1:06:45Yes, it's
  1758. 1:06:47truck-like vehicle.
  1759. 1:06:49Closer than the rear wheel.
  1760. 1:06:51What's the difference? Couple inches?
  1761. 1:06:54I don't know.
  1762. 1:06:55Did you measure it?
  1763. 1:06:56No.
  1764. 1:06:56Did you ask anybody to measure it?
  1765. 1:06:59To this day?
  1766. 1:07:00No.
  1767. 1:07:01From your photographs?
  1768. 1:07:02No.
  1769. 1:07:03Isn't it true, sir, that the curb area
  1770. 1:07:06where there is concrete is 1 ft.
  1771. 1:07:11That's a possibility.
  1772. 1:07:12And that tires on the front and the back
  1773. 1:07:14are both touching that area?
  1774. 1:07:18As I recall from the picture, the tire
  1775. 1:07:19in the back is sitting on the asphalt
  1776. 1:07:21portion of the street.
  1777. 1:07:22How close is it to the concrete?
  1778. 1:07:24I I don't know.
  1779. 1:07:28The fact that it was hastily parked, did
  1780. 1:07:30that cause you any concern?
  1781. 1:07:32Not at that point, no.
  1782. 1:07:35Is it something you observed as a
  1783. 1:07:36policeman?
  1784. 1:07:39Something I I was driving the car, I
  1785. 1:07:41would have either had to see the car or
  1786. 1:07:44probably run into the car, yeah.
  1787. 1:07:46Have you described that as the rear end
  1788. 1:07:48jutting out more than the front?
  1789. 1:07:50In any official reports?
  1790. 1:07:52Probably.
  1791. 1:07:54And you think that's a fair
  1792. 1:07:56description?
  1793. 1:07:57Well, I think the rear end was sticking
  1794. 1:07:58out farther than the front end, yes.
  1795. 1:08:02Did Mark Fuhrman have a flashlight when
  1796. 1:08:04he was over at the Bronco?
  1797. 1:08:07Mark Fuhrman carried a flashlight on his
  1798. 1:08:09belt, yes.
  1799. 1:08:10What kind of flashlight?
  1800. 1:08:12Small Streamlight.
  1801. 1:08:14What size?
  1802. 1:08:16A small Streamlight that was carried in
  1803. 1:08:19a little leather holder on his belt.
  1804. 1:08:22And you had a more powerful flashlight?
  1805. 1:08:24Yes.
  1806. 1:08:26Did he talk to you when he asked you to
  1807. 1:08:27come over?
  1808. 1:08:29To the Bronco?
  1809. 1:08:30He did when I got there, yeah.
  1810. 1:08:32Did he signal to you over in any way?
  1811. 1:08:34No, he called me over.
  1812. 1:08:35What did he say?
  1813. 1:08:36He said, "Come come here, I want to show
  1814. 1:08:38you something."
  1815. 1:08:39And what did he show you?
  1816. 1:08:41He showed me a spot above the door
  1817. 1:08:42handle.
  1818. 1:08:43That's the first thing he showed you?
  1819. 1:08:45Well, I had been there previously.
  1820. 1:08:47Is that the first thing Mark Fuhrman
  1821. 1:08:49showed you, yes or no?
  1822. 1:08:50At the Bronco.
  1823. 1:08:52At what point, sir?
  1824. 1:08:55The time you were at Rockingham, is the
  1825. 1:08:57first thing that Mark Fuhrman shows you
  1826. 1:08:59a spot of blood?
  1827. 1:09:01No.
  1828. 1:09:02What's the first thing Mark Fuhrman
  1829. 1:09:03shows you?
  1830. 1:09:06I walked over there previously. Mark
  1831. 1:09:08Fuhrman was there. I saw
  1832. 1:09:11he shined a light and I shined my light
  1833. 1:09:13into the back of the vehicle.
  1834. 1:09:15And then I walked back toward the
  1835. 1:09:17intersection and that's when he called
  1836. 1:09:18me back.
  1837. 1:09:19Did he show you into the back of the
  1838. 1:09:22vehicle? Did he direct your attention to
  1839. 1:09:25the back of the vehicle and tell you to
  1840. 1:09:26look at something or is it your
  1841. 1:09:28testimony that both of you
  1842. 1:09:29simultaneously
  1843. 1:09:31were at the back of the vehicle, both
  1844. 1:09:33had your flashlights and both looked in
  1845. 1:09:35and saw the same thing at the same time.
  1846. 1:09:37Is that your testimony, sir?
  1847. 1:09:38No, he directed me to look in the back
  1848. 1:09:40of the vehicle.
  1849. 1:09:41What did he do when What did he say to
  1850. 1:09:42you when he came over?
  1851. 1:09:57I
  1852. 1:09:58I really don't recall a conversation
  1853. 1:09:59other than he directed me to look in the
  1854. 1:10:01back of the vehicle and uh
  1855. 1:10:04as I walked up, I saw a piece of wood
  1856. 1:10:05lying on the parkway.
  1857. 1:10:18Just excuse me for one moment.
  1858. 1:10:40And what did you see when you first
  1859. 1:10:41looked into uh that vehicle?
  1860. 1:10:44From the rear window.
  1861. 1:10:46I saw package.
  1862. 1:10:48I believe addressed to Orenthal
  1863. 1:10:49Productions or something like that.
  1864. 1:10:52Or something like that?
  1865. 1:10:53Well, I I don't recall the actual the
  1866. 1:10:56actual address. It was Orenthal
  1867. 1:10:58Productions or O.J. Simpson Productions,
  1868. 1:11:00something like that.
  1869. 1:11:01Now, didn't you make a big point of
  1870. 1:11:03saying it was Orenthal Productions and
  1871. 1:11:04you knew that meant O.J. Simpson?
  1872. 1:11:07Well, I knew I knew that meant O.J.
  1873. 1:11:08Simpson, yes.
  1874. 1:11:13And I take it you've you took that as
  1875. 1:11:15part of the evidence in this case?
  1876. 1:11:19Well, the entire car was impounded with
  1877. 1:11:21it in it, yes.
  1878. 1:11:22So, that package is in evidence?
  1879. 1:11:24I I don't know that.
  1880. 1:11:29You would assume that it's in evidence.
  1881. 1:11:31Well, the entire car was impounded, yes.
  1882. 1:11:33And everything in it should be in
  1883. 1:11:34evidence then.
  1884. 1:11:35Is that correct?
  1885. 1:11:42Did you see anything else at that time
  1886. 1:11:43in the back of the car?
  1887. 1:11:44Yes.
  1888. 1:11:45What did you see?
  1889. 1:11:46A shovel and a piece of plastic. What
  1890. 1:11:48appeared to be a folded-up piece of
  1891. 1:11:49plastic and a white cloth.
  1892. 1:11:52Let me show you, Detective Lang, in your
  1893. 1:11:54report again.
  1894. 1:11:55That was Detective Van Adder.
  1895. 1:11:57I'm sorry.
  1896. 1:11:58Detective Van Adder.
  1897. 1:11:59I said Detective Lang and his report,
  1898. 1:12:01I'm sorry.
  1899. 1:12:01Oh, I'm sorry. All right.
  1900. 1:12:02I I misheard you.
  1901. 1:12:03He's Detective Van Adder.
  1902. 1:12:04Yes, I know. I thought you said I
  1903. 1:12:06thought you were addressing him
  1904. 1:12:06Detective Lang.
  1905. 1:12:07No, no, no.
  1906. 1:12:08All right.
  1907. 1:12:09That's Detective
  1908. 1:12:11Yes, I recognize him.
  1909. 1:12:13All right. I want you to I want to
  1910. 1:12:15direct you to the report that you have
  1911. 1:12:17talked about before.
  1912. 1:12:19That is the follow-up report and ask you
  1913. 1:12:21to tell us where in that report it
  1914. 1:12:23indicates that you observed the shovel
  1915. 1:12:26in the back of the Bronco.
  1916. 1:12:29I think we've had this discussion
  1917. 1:12:31previously. It doesn't.
  1918. 1:12:33And uh
  1919. 1:12:35You kind of say that like laughing. Is
  1920. 1:12:37there something funny about it not being
  1921. 1:12:39in there?
  1922. 1:12:39Nothing at all, sir. It isn't in there.
  1923. 1:12:41Is there anything funny about this
  1924. 1:12:43examination?
  1925. 1:12:44Not nothing whatsoever.
  1926. 1:12:49Did you find any plastic? Did you
  1927. 1:12:51indicate in your report there was any
  1928. 1:12:53plastic in there?
  1929. 1:12:54No.
  1930. 1:12:56Those are important things for
  1931. 1:12:58observations for a detailed report,
  1932. 1:13:00aren't they?
  1933. 1:13:03If they're important to the case, yes.
  1934. 1:13:07In fact, you indicated in that report at
  1935. 1:13:09that time Detective Furman showed you
  1936. 1:13:11blood.
  1937. 1:13:15That's what the report says, yes.
  1938. 1:13:18That's not true, is it?
  1939. 1:13:20Why was there twice? He showed me blood
  1940. 1:13:21at one point, yes.
  1941. 1:13:22But the report is not accurate
  1942. 1:13:26and is not consistent with what you've
  1943. 1:13:28just told us, is it?
  1944. 1:13:29The report is an overview of the
  1945. 1:13:31investigation. It's not a
  1946. 1:13:34second-by-second account of what
  1947. 1:13:36occurred.
  1948. 1:13:37Well, whether it's second-by-second,
  1949. 1:13:39there are crucial things that are not
  1950. 1:13:40included in this report that you
  1951. 1:13:42testified to.
  1952. 1:13:43Is that correct?
  1953. 1:13:44That's possible, yes.
  1954. 1:13:45And you told us earlier that when you
  1955. 1:13:47wrote this report, it was uh an accurate
  1956. 1:13:50report and there were no errors or
  1957. 1:13:51omissions in the report, did you not?
  1958. 1:13:53Objection, your honor.
  1959. 1:13:55Sustained.
  1960. 1:14:10Did you ask Detective Phillips to
  1961. 1:14:13look around that truck to see if he
  1962. 1:14:15could find any evidence?
  1963. 1:14:21Detective Phillips, no, I did not.
  1964. 1:14:23Did you ask Detective Furman to look
  1965. 1:14:24around that truck to see if he could
  1966. 1:14:25find any evidence?
  1967. 1:14:26No.
  1968. 1:14:27Did you ask Detective Lang to look
  1969. 1:14:29around that truck?
  1970. 1:14:30No.
  1971. 1:14:30Did you look around that truck?
  1972. 1:14:32Yes.
  1973. 1:14:33After you were directed by someone else.
  1974. 1:14:36Well, I walked down there first and then
  1975. 1:14:38was called over to the truck.
  1976. 1:14:40So, what you're telling me is there are
  1977. 1:14:41four detectives, two lead detectives,
  1978. 1:14:43that are there and none of you
  1979. 1:14:46examined the truck with the exception of
  1980. 1:14:49Detective Mark Fuhrman. Is that correct?
  1981. 1:14:52He was the first one that did, yes.
  1982. 1:14:56And he's the one who discovered the
  1983. 1:15:00blood
  1984. 1:15:01drop on the door handle.
  1985. 1:15:03That's correct, yes.
  1986. 1:15:04Now, you heard him testify that there
  1987. 1:15:06were blood smears on the bottom of the
  1988. 1:15:07door, didn't you?
  1989. 1:15:09yes.
  1990. 1:15:10Did you see those?
  1991. 1:15:12I did at a later time. I don't recall
  1992. 1:15:14him showing them to me that night.
  1993. 1:15:17You previously testified you didn't see
  1994. 1:15:19them, did you?
  1995. 1:15:21I saw a report that was done by the
  1996. 1:15:23criminalist. I don't recall seeing them
  1997. 1:15:25that that evening or that morning.
  1998. 1:15:28In fact, you previously testified you
  1999. 1:15:29didn't see any blood on the bottom of
  2000. 1:15:31the Bronco, didn't you?
  2001. 1:15:33That I didn't?
  2002. 1:15:34Did not.
  2003. 1:15:35I
  2004. 1:15:36I don't recall seeing any blood on the
  2005. 1:15:37bottom of the Bronco.
  2006. 1:15:39And where in your report did you
  2007. 1:15:40indicate that there was in addition to a
  2008. 1:15:43spot on the
  2009. 1:15:46door handle that there was blood on the
  2010. 1:15:48bottom of the Bronco, sir?
  2011. 1:15:52Where did I indicate that?
  2012. 1:15:54Yes.
  2013. 1:15:58Sustained. Rephrase the question.
  2014. 1:16:00Did you indicate it in your report?
  2015. 1:16:05I don't know. I would I would have to
  2016. 1:16:07read the entire report to tell you that.
  2017. 1:16:12Well, I don't want to interrupt the
  2018. 1:16:13valuable jury time now. Maybe you can do
  2019. 1:16:16that tonight and read that report and
  2020. 1:16:17ask give us that answer tomorrow. We'll
  2021. 1:16:20go on to something else.
  2022. 1:16:21Objection. The witness is trying to
  2023. 1:16:23Jurors to disregard the comment.
  2024. 1:16:58The time sequence
  2025. 1:17:00of arriving at Rockingham was at about
  2026. 1:17:035:05.
  2027. 1:17:06Between 5:05 and 5:10, yeah. Then
  2028. 1:17:10You went to the front
  2029. 1:17:11gate on Ashford and rang the bell for 10
  2030. 1:17:14to 15 minutes.
  2031. 1:17:16That's correct.
  2032. 1:17:18That takes you to about 5:20 or 5:25.
  2033. 1:17:22Approximately, yes.
  2034. 1:17:24And
  2035. 1:17:26at that point in time
  2036. 1:17:30Detective Furman starts to walk away
  2037. 1:17:33from your group.
  2038. 1:17:36At what point in time?
  2039. 1:17:37Well, I'm going to ask you, at what
  2040. 1:17:39point in time does Detective Furman
  2041. 1:17:40start to walk away from the group?
  2042. 1:17:42Well, we were all moving around there.
  2043. 1:17:44We We weren't standing in a real tight
  2044. 1:17:45cluster. We were We were all moving
  2045. 1:17:47around.
  2046. 1:17:48Well, but he went down Rockingham.
  2047. 1:17:52Yes, he did.
  2048. 1:17:56At one point, I believe when we
  2049. 1:17:58originally stopped the first Westec
  2050. 1:18:00unit, I saw him walking down the street.
  2051. 1:18:03What time was that?
  2052. 1:18:07It would have probably been around 5:30
  2053. 1:18:09in the morning.
  2054. 1:18:115:25, 5:30.
  2055. 1:18:12That he first walked towards the Bronco.
  2056. 1:18:14That I saw him, yes.
  2057. 1:18:15And the first time that you looked in
  2058. 1:18:17the Bronco was what time?
  2059. 1:18:19Just shortly after that, I walked down
  2060. 1:18:20there.
  2061. 1:18:21Give us an estimate.
  2062. 1:18:235:25, 5:30.
  2063. 1:18:26And then you came back.
  2064. 1:18:28Then I walked back toward where the
  2065. 1:18:30Westec unit was with Detective Phillips.
  2066. 1:18:38And
  2067. 1:18:39how long did you spend there?
  2068. 1:18:41Short time. He made a phone call inside
  2069. 1:18:43the residence and told me that he'd
  2070. 1:18:45gotten a uh
  2071. 1:18:47answer phone.
  2072. 1:18:48And that's when you were trying to
  2073. 1:18:49locate O.J. Simpson?
  2074. 1:18:51Still trying to this entire time, yes.
  2075. 1:18:54And why didn't you ask Westec for an
  2076. 1:18:56emergency number for O.J.?
  2077. 1:18:59Well, I think that was the purpose of us
  2078. 1:19:01asking them.
  2079. 1:19:02And didn't they have, in case of
  2080. 1:19:03emergency
  2081. 1:19:05to contact his secretary?
  2082. 1:19:07I don't know that.
  2083. 1:19:08Because you didn't ask, right?
  2084. 1:19:10I didn't ask, no.
  2085. 1:19:11And you didn't ask anyone to ask.
  2086. 1:19:13I didn't even know that he had a
  2087. 1:19:14secretary.
  2088. 1:19:15And nobody thought of that question, did
  2089. 1:19:16they?
  2090. 1:19:17I don't think that was asked, not to my
  2091. 1:19:18knowledge.
  2092. 1:19:22And then you went back the second time
  2093. 1:19:23to look at the Bronco?
  2094. 1:19:24I was called back, yes.
  2095. 1:19:25What time was that?
  2096. 1:19:28Around 5:30.
  2097. 1:19:34And how long did you spend at the Bronco
  2098. 1:19:35at that time?
  2099. 1:19:37Not very long, short time.
  2100. 1:19:41We spoke.
  2101. 1:19:50Maybe 5 minutes, I don't know.
  2102. 1:19:52That takes you to 5:35.
  2103. 1:19:54Approximately, yeah.
  2104. 1:19:57And when you saw that little speck, I
  2105. 1:19:59take it at that point in time you
  2106. 1:20:02wanted to check the entire Bronco to see
  2107. 1:20:04if there was any other blood
  2108. 1:20:06or any other possible evidence, did you
  2109. 1:20:08not?
  2110. 1:20:10At that point
  2111. 1:20:12I was becoming very concerned about the
  2112. 1:20:15location.
  2113. 1:20:18And uh I could see that the vehicle was
  2114. 1:20:20locked.
  2115. 1:20:21And my concern at that point was that
  2116. 1:20:23maybe I had another crime scene or
  2117. 1:20:25someone injured or hurt.
  2118. 1:20:26How could you see the vehicle was
  2119. 1:20:27locked?
  2120. 1:20:29You could see the lock knobs on the
  2121. 1:20:30door.
  2122. 1:20:31What about the rear gate latch? Did you
  2123. 1:20:34check that?
  2124. 1:20:34No, I did not.
  2125. 1:20:36So, you don't know if that was open or
  2126. 1:20:37locked, did you?
  2127. 1:20:38No, I don't.
  2128. 1:20:40What was the difference whether the
  2129. 1:20:41vehicle was locked or not?
  2130. 1:20:43Well, I was
  2131. 1:20:44want to get into it?
  2132. 1:20:45No, not at that point.
  2133. 1:20:48You had just come from a bloody crime
  2134. 1:20:50scene.
  2135. 1:20:51You were now at the home of somebody who
  2136. 1:20:54had previously
  2137. 1:20:55been involved in domestic violence
  2138. 1:20:58situations. You see a shovel in the back
  2139. 1:21:01and blood on the car and you do not want
  2140. 1:21:02to look in that car. Is that your
  2141. 1:21:04testimony, sir?
  2142. 1:21:05No, my testimony is I was concerned with
  2143. 1:21:07any possible occupants that may be at
  2144. 1:21:09the home.
  2145. 1:21:10You've already told us that you were
  2146. 1:21:11concerned about O.J. Simpson's welfare
  2147. 1:21:13when you saw that, right?
  2148. 1:21:14O.J. Simpson and possibly a maid that
  2149. 1:21:16was supposed to be there, yes.
  2150. 1:21:19And so, you voiced that concern to the
  2151. 1:21:21Westec people, didn't you, and say this
  2152. 1:21:22is an emergency, we've got to find O.J.
  2153. 1:21:24and the maid, didn't you?
  2154. 1:21:27I believe that was related to him by
  2155. 1:21:29Detective
  2156. 1:21:30Phillips, yes.
  2157. 1:21:30And you asked them to find emergency
  2158. 1:21:32numbers so you could find O.J. because
  2159. 1:21:34an now an emergency had developed, did
  2160. 1:21:35you not?
  2161. 1:21:37I didn't know.
  2162. 1:21:38You asked other officers to do that,
  2163. 1:21:39didn't you?
  2164. 1:21:41I believe Phillips was doing that.
  2165. 1:21:42Was doing that?
  2166. 1:21:43Yeah.
  2167. 1:21:44Do you have any information that he did
  2168. 1:21:46do that?
  2169. 1:21:47Phillips was talking with Westec. Uh
  2170. 1:21:51I don't know that he asked him for
  2171. 1:21:53emergency numbers. I I don't even know
  2172. 1:21:54that they have to this day that they
  2173. 1:21:56have an emergency number on
  2174. 1:21:57You haven't checked that, have you?
  2175. 1:21:58No, I have not.
  2176. 1:22:00That wouldn't be something you'd want to
  2177. 1:22:01know, is it?
  2178. 1:22:05At this point, I I
  2179. 1:22:07I don't think so.
  2180. 1:22:09Your Honor, do can you just tell me how
  2181. 1:22:11long you would like me to continue? I
  2182. 1:22:13have a lot more material to cover.
  2183. 1:22:15A lot more?
  2184. 1:22:16Yes.
  2185. 1:22:16About we just talked about two other
  2186. 1:22:18subject matter areas,
  2187. 1:22:19Yes, but it's going to take a while to
  2188. 1:22:20get to those two subjects.
  2189. 1:22:24Well, I I you go at least to the quarter
  2190. 1:22:26quarter till.
  2191. 1:22:27Thank you. give us the full afternoon
  2192. 1:22:29session.
  2193. 1:22:29Thank you. I appreciate that. You're all
  2194. 1:22:30right. Thank you.
  2195. 1:22:33I take it at that point in time you
  2196. 1:22:35immediately called the command post and
  2197. 1:22:37said we have a potential emergency
  2198. 1:22:39situation here. We're going in.
  2199. 1:22:41No, I didn't.
  2200. 1:22:42Isn't that proper police procedure?
  2201. 1:22:49That would depend on the situation.
  2202. 1:22:51Well, you've previously testified under
  2203. 1:22:53oath that you thought there might be
  2204. 1:22:56uh suspects
  2205. 1:22:58related to the murder of Nicole Brown
  2206. 1:23:01Simpson at the O.J. Simpson residence,
  2207. 1:23:03have you not?
  2208. 1:23:04Well, I was not really concerned with
  2209. 1:23:06suspects at that time. I was concerned
  2210. 1:23:08with the welfare of the occupants of the
  2211. 1:23:09home.
  2212. 1:23:10My question was have you previously
  2213. 1:23:11testified there may be suspects there?
  2214. 1:23:13Well, there could have been suspects
  2215. 1:23:15there. I didn't know what was there.
  2216. 1:23:17My question was have you previously
  2217. 1:23:18testified there were suspects there?
  2218. 1:23:21Like I said, sir, there could have been
  2219. 1:23:23suspects there. There could have been
  2220. 1:23:24victims. I didn't know what was there.
  2221. 1:23:27And it could have been a murder another
  2222. 1:23:29murder scene. You've testified to that
  2223. 1:23:30previously.
  2224. 1:23:31Certainly could have, yes.
  2225. 1:23:33And people could be dying there. You've
  2226. 1:23:35heard uh testimony to that by other
  2227. 1:23:38officers, have you not?
  2228. 1:23:39Well, that was my feeling, too. That was
  2229. 1:23:41one of the possibilities.
  2230. 1:23:42People could be bleeding.
  2231. 1:23:44Absolutely.
  2232. 1:23:44You could have a hostage situation.
  2233. 1:23:47That was a possibility.
  2234. 1:23:49You could have a kidnapping.
  2235. 1:23:56I don't know that that related to a
  2236. 1:23:57kidnapping of
  2237. 1:24:00any possible scenario is possible. It
  2238. 1:24:02could have been anything. I didn't know
  2239. 1:24:03what was there.
  2240. 1:24:04No, I I'm asking about what you or
  2241. 1:24:06others have previously testified could
  2242. 1:24:09have been the situation of the regarding
  2243. 1:24:12your state of mind when you were at
  2244. 1:24:14Rockingham.
  2245. 1:24:16Is that a question?
  2246. 1:24:17Yes.
  2247. 1:24:19My state of mind was I was concerned
  2248. 1:24:21with the occupants of the home.
  2249. 1:24:23I was concerned that I could have
  2250. 1:24:25another crime scene.
  2251. 1:24:27People could be injured.
  2252. 1:24:29This could have been an extension of the
  2253. 1:24:31of the murders that I had just left.
  2254. 1:24:35There could be people down. There could
  2255. 1:24:36be injured people. It could have been
  2256. 1:24:38any scenario.
  2257. 1:24:40So, this is where
  2258. 1:24:42your adrenaline really starts to rush,
  2259. 1:24:43isn't it?
  2260. 1:24:46Yeah, I don't know that that's a fair
  2261. 1:24:47statement with me. I I don't have big
  2262. 1:24:50adrenaline rushes.
  2263. 1:24:51No, you've been doing it long enough
  2264. 1:24:53that
  2265. 1:24:53Well, I don't even think it's that. I
  2266. 1:24:54just
  2267. 1:24:57I I don't have big adrenaline rushes.
  2268. 1:25:00Must have been a pretty scary situation
  2269. 1:25:01to go in that location not knowing
  2270. 1:25:05uh what was there with your experiences,
  2271. 1:25:06isn't that correct?
  2272. 1:25:11Every situation you go into, you you
  2273. 1:25:14have you have butterflies because you
  2274. 1:25:16don't know what you're going into.
  2275. 1:25:19And there are people who are specially
  2276. 1:25:21trained for the situations you've just
  2277. 1:25:23uh enumerated, aren't there?
  2278. 1:25:27There's people specially trained for
  2279. 1:25:28tactical situations, yes.
  2280. 1:25:31Aren't there people specially trained
  2281. 1:25:32for hostage situations?
  2282. 1:25:35Tactical situations, yes.
  2283. 1:25:37I don't know what that means, but
  2284. 1:25:38hostage situations I know what that is.
  2285. 1:25:40situation is a tactical situation.
  2286. 1:25:42saying the same thing.
  2287. 1:25:43Yeah.
  2288. 1:25:44And aren't there people specially
  2289. 1:25:46trained if somebody is dying or
  2290. 1:25:47bleeding?
  2291. 1:25:51How to uh save lives? You're not trained
  2292. 1:25:53in that, are you?
  2293. 1:25:55Well, I'm CPR certified.
  2294. 1:25:57Are you Are you paramedic?
  2295. 1:25:58No, no, no.
  2296. 1:25:59I Excuse me, first aid certified. I'm
  2297. 1:26:02sorry, I misspoke that.
  2298. 1:26:04I think I to to take the time to call
  2299. 1:26:08someone from another location to come
  2300. 1:26:10and check that would be a
  2301. 1:26:12dereliction of duty. I think it was our
  2302. 1:26:14duty to go in there and look and see if
  2303. 1:26:15there was something wrong.
  2304. 1:26:16Well, you've already been out there for
  2305. 1:26:1735 minutes and seem to be pretty casual
  2306. 1:26:20about what was going on. Now, all of a
  2307. 1:26:22sudden you don't have time to make a
  2308. 1:26:23phone call with one of four officers to
  2309. 1:26:26call for either a backup unit or call a
  2310. 1:26:28command post and say, "Hey, I don't know
  2311. 1:26:31what we have, but we better get some
  2312. 1:26:33more support here. We better get some
  2313. 1:26:34paramedics. We better get some emergency
  2314. 1:26:37equipment. I really don't know what we
  2315. 1:26:39have, but I'm telling you my instincts
  2316. 1:26:41as a detective tell me it is serious."
  2317. 1:26:44We called for a backup unit. We had a
  2318. 1:26:46black and white vehicle there.
  2319. 1:26:48Well, that was already there.
  2320. 1:26:49We called for them.
  2321. 1:26:52That was before you decided it was an
  2322. 1:26:53emergency.
  2323. 1:26:55No, that was part of the process. That
  2324. 1:26:57was
  2325. 1:26:58the
  2326. 1:27:00emergency came back from a set of
  2327. 1:27:01circumstances that didn't all occur at
  2328. 1:27:04one time. That was a set of
  2329. 1:27:06circumstances that occurred over a
  2330. 1:27:08period of time.
  2331. 1:27:09So, you had a patrol vehicle there.
  2332. 1:27:11Yes, that's correct.
  2333. 1:27:12Specially trained officers or not?
  2334. 1:27:14Uniform police officers.
  2335. 1:27:15How many?
  2336. 1:27:16Two.
  2337. 1:27:18And did you give them any direction at
  2338. 1:27:20the time they arrived?
  2339. 1:27:34I don't think I talked to them when they
  2340. 1:27:35first arrived.
  2341. 1:27:37I don't think I actually spoke to them.
  2342. 1:27:38You called for them. It was an emergency
  2343. 1:27:40situation. You had to come out, but you
  2344. 1:27:42didn't tell them what to do?
  2345. 1:27:45I think
  2346. 1:27:46I think we're talking semantics. I think
  2347. 1:27:49you're relating to a tactical situation.
  2348. 1:27:51I'm talking about an
  2349. 1:27:53an emergency situation. They're two
  2350. 1:27:55different things.
  2351. 1:27:57Well, let's say it was an emergency
  2352. 1:27:58situation that you're referring to.
  2353. 1:28:01In an emergency situation, you've called
  2354. 1:28:04for a black and white backup. They come
  2355. 1:28:06and rush to the location and you don't
  2356. 1:28:08tell them what to do, what the emergency
  2357. 1:28:10is?
  2358. 1:28:14Again, I think I think we're talking
  2359. 1:28:16semantics.
  2360. 1:28:18I think what you're
  2361. 1:28:19what you're relating to is a tactical
  2362. 1:28:21situation where you know the situation
  2363. 1:28:23that you have.
  2364. 1:28:25And you could say that you have a
  2365. 1:28:27tactical situation that's an emergency
  2366. 1:28:30if you know you have a suspect
  2367. 1:28:33or you know you have a hostage
  2368. 1:28:36or you know for a fact that you have
  2369. 1:28:38someone that's injured. We didn't know
  2370. 1:28:40all these things. This was a situation
  2371. 1:28:42that had to be determined.
  2372. 1:28:45So, you don't believe in being prepared.
  2373. 1:28:50I don't I don't understand I don't
  2374. 1:28:52believe in being prepared. I think I
  2375. 1:28:54think I go into every situation
  2376. 1:28:56attempting to be prepared.
  2377. 1:28:58So, at that point in time
  2378. 1:29:00did you
  2379. 1:29:02alone determine that it was time to jump
  2380. 1:29:04over the wall?
  2381. 1:29:05That was a decision that was made from
  2382. 1:29:08speaking with my partner and the other
  2383. 1:29:10two detectives.
  2384. 1:29:11So, it was a joint decision by you, Mark
  2385. 1:29:14Fuhrman, and Detective Phillips?
  2386. 1:29:16Mainly myself and Detective Lange.
  2387. 1:29:18Well, when you say mainly, did all of
  2388. 1:29:19you discuss it or just the two of you
  2389. 1:29:21discuss
  2390. 1:29:21standing there talking. It was a
  2391. 1:29:23decision that was left up to myself and
  2392. 1:29:25Lange.
  2393. 1:29:26And you both said, "Let's go in."
  2394. 1:29:28Exactly.
  2395. 1:29:30And you elected Mark Fuhrman because he
  2396. 1:29:32was the youngest and the most athletic
  2397. 1:29:34to climb the wall.
  2398. 1:29:36That's part of the reason, yes.
  2399. 1:29:39Did uh
  2400. 1:29:42he have any protective gear on when he
  2401. 1:29:44went over the wall?
  2402. 1:29:45No, he did not.
  2403. 1:29:46Did you have any protective gear on
  2404. 1:29:47backing him up?
  2405. 1:29:49No.
  2406. 1:29:49Did any of the two other officers
  2407. 1:29:51detectives there have protective gear
  2408. 1:29:52on?
  2409. 1:29:53Not to my knowledge.
  2410. 1:29:54Did anybody pull out any shotguns to
  2411. 1:29:56back them up in case you were going to
  2412. 1:29:57encounter a
  2413. 1:29:59suspect or suspects inside?
  2414. 1:30:01No.
  2415. 1:30:04Did you notify the two uniformed
  2416. 1:30:06officers to come up and back you up that
  2417. 1:30:08you're going in now.
  2418. 1:30:10I think they were called to the gate to
  2419. 1:30:11stand by the gate, yes.
  2420. 1:30:13They were?
  2421. 1:30:13Yes, I believe so.
  2422. 1:30:15Where in your report did you indicate
  2423. 1:30:16that?
  2424. 1:30:17I don't I don't know that I did.
  2425. 1:30:18Where in your previous testimony have
  2426. 1:30:20you said that?
  2427. 1:30:23I th- I said I think they were called to
  2428. 1:30:26the
  2429. 1:30:28Ashford gate
  2430. 1:30:30or they came over there on their own
  2431. 1:30:31when we went over the fence.
  2432. 1:30:35Are you telling this jury that you did
  2433. 1:30:37not sit down with two uniformed
  2434. 1:30:39officers, tell them what the emergency
  2435. 1:30:41was, and give them instructions to cover
  2436. 1:30:43your back because you four guys are
  2437. 1:30:45going in?
  2438. 1:30:46They were told we were going in.
  2439. 1:30:48Did you tell them what to do?
  2440. 1:30:50To stand by the gate.
  2441. 1:30:51Just to stand there?
  2442. 1:30:52Yeah.
  2443. 1:30:53Did you tell them to get shotguns, get
  2444. 1:30:55ready, this is what we've got, guys,
  2445. 1:30:57this is a potential emergency?
  2446. 1:31:00You never said that, did you?
  2447. 1:31:02No, again, Mr. Shapiro, I think you're I
  2448. 1:31:05think you're confusing an emergency
  2449. 1:31:06situation with a tactical situation. If
  2450. 1:31:09I would have had
  2451. 1:31:11a tactical situation and knew that I had
  2452. 1:31:14a suspect or knew that I had a hostage
  2453. 1:31:17or knew that I had a murder suspect in
  2454. 1:31:20there, it would have been handled
  2455. 1:31:20totally different.
  2456. 1:31:22This was a situation where I was worried
  2457. 1:31:24that something had occurred there
  2458. 1:31:26possibly like had occurred at Bundy.
  2459. 1:31:28So now you're concerned with the health
  2460. 1:31:31and welfare of O.J. Simpson and the
  2461. 1:31:33maid, and you're going in to say,
  2462. 1:31:35"Where's O.J. and where's the maid?"
  2463. 1:31:37Right?
  2464. 1:31:38Where is anybody that may be at that
  2465. 1:31:40location.
  2466. 1:31:41Well, you didn't know who was expected
  2467. 1:31:42to be there, did you?
  2468. 1:31:43I had no idea, no.
  2469. 1:31:44So
  2470. 1:31:45you didn't know what you were looking
  2471. 1:31:46for, is that your testimony?
  2472. 1:31:48I didn't know what it what if anything
  2473. 1:31:50had occurred there, that's why
  2474. 1:31:51know what you were doing there, did you?
  2475. 1:31:53Yes, I did.
  2476. 1:31:53What were you doing there?
  2477. 1:31:55I was I went there originally to make a
  2478. 1:31:58notification
  2479. 1:32:00to meet Mr. Simpson.
  2480. 1:32:02The two detectives were assisting me.
  2481. 1:32:05Once I got there, the situation changed
  2482. 1:32:08with the information we we had received
  2483. 1:32:10and the evidence that we saw.
  2484. 1:32:19And now you're going in to look for
  2485. 1:32:20people.
  2486. 1:32:22That's correct.
  2487. 1:32:24You go to the front door and ring the
  2488. 1:32:26front doorbell.
  2489. 1:32:27Yes.
  2490. 1:32:28You get no response.
  2491. 1:32:30That's correct.
  2492. 1:32:31Do you force entry?
  2493. 1:32:32No.
  2494. 1:32:32Why not?
  2495. 1:32:35Because at that point I didn't think it
  2496. 1:32:37was appropriate.
  2497. 1:32:38Wait, you were very concerned at that
  2498. 1:32:40point in time, weren't you?
  2499. 1:32:43Yes, we were making a we were making
  2500. 1:32:45arrangements for a possible forced entry
  2501. 1:32:47of the place.
  2502. 1:32:50Where have you testified to that
  2503. 1:32:51previously? You didn't tell the grand
  2504. 1:32:53jury that, did you?
  2505. 1:32:54Judge, sustained.
  2506. 1:32:57Where in your reports did you indicate
  2507. 1:32:58that you were making arrangements for a
  2508. 1:33:00forced entry, sir?
  2509. 1:33:02I don't believe it's in the reports.
  2510. 1:33:04Who did you notify at police
  2511. 1:33:06headquarters or communications that you
  2512. 1:33:08were preparing a forced entry?
  2513. 1:33:10No one.
  2514. 1:33:14What preparations did you make for a
  2515. 1:33:15forced entry?
  2516. 1:33:18Detective Phillips contacted the watch
  2517. 1:33:20commander and asked him to send a Westec
  2518. 1:33:22unit back to the location that we may
  2519. 1:33:24have to make forced entry into the
  2520. 1:33:25location.
  2521. 1:33:27So, for an emergency situation like
  2522. 1:33:29this, now you're going to have the
  2523. 1:33:31security of Westec going in with you. Is
  2524. 1:33:33that your testimony?
  2525. 1:33:35Well, we had at that point we had six
  2526. 1:33:37police officers there, sir.
  2527. 1:33:39Well, you had 25 standing around a
  2528. 1:33:40murder scene, didn't you?
  2529. 1:33:42Yeah, that's correct.
  2530. 1:33:44Did you call any of them over?
  2531. 1:33:46No.
  2532. 1:33:47They were only 5 minutes away, weren't
  2533. 1:33:49they?
  2534. 1:33:49That's correct.
  2535. 1:33:54When you went in, did you start making
  2536. 1:33:56some noise to try to arouse the
  2537. 1:33:58occupants?
  2538. 1:34:00Yes, we were talking. We were knocking
  2539. 1:34:02on doors.
  2540. 1:34:02Were you yelling?
  2541. 1:34:05No.
  2542. 1:34:07Were you making your presence known?
  2543. 1:34:09Well, I think our presence would have
  2544. 1:34:11been known. We had flashlights, we were
  2545. 1:34:12talking, we were knocking on doors, we
  2546. 1:34:14were moving around the grounds.
  2547. 1:34:16You were talking to each other, weren't
  2548. 1:34:17you?
  2549. 1:34:17That's correct.
  2550. 1:34:18knocking, OJ, are you here? Is there any
  2551. 1:34:21problem? Are you okay? Were you doing
  2552. 1:34:22those things?
  2553. 1:34:23No.
  2554. 1:34:26Did you decide where to go? Were four
  2555. 1:34:29officers coming in, virtually
  2556. 1:34:31unprotected,
  2557. 1:34:33are going to walk around this enormous
  2558. 1:34:35estate
  2559. 1:34:36in the darkness? Did you make any plan
  2560. 1:34:38as to how you were going to protect
  2561. 1:34:39yourselves?
  2562. 1:34:41That's part of our job to do things like
  2563. 1:34:43that. The protection is probably by
  2564. 1:34:45numbers.
  2565. 1:34:48There was no set plan.
  2566. 1:34:49So, you didn't say, you know, one guy
  2567. 1:34:50will go to this side and I'll back him
  2568. 1:34:52up and you and your partner go here,
  2569. 1:34:54we'll back you. Yeah, but just okay,
  2570. 1:34:56guys, let's see what we can find. You
  2571. 1:34:58guys started walking around.
  2572. 1:35:00I never had the feeling
  2573. 1:35:01that that I was in a dangerous situation
  2574. 1:35:04at any point. I felt that I may have an
  2575. 1:35:06emergency situation, but I never felt a
  2576. 1:35:08personal danger
  2577. 1:35:10at that location.
  2578. 1:35:16Did you
  2579. 1:35:18want to move quickly?
  2580. 1:35:24I don't know that that's true. I was
  2581. 1:35:25trying to look the grounds over to see
  2582. 1:35:27if I could see anything on the grounds
  2583. 1:35:29as I was moving.
  2584. 1:35:30Did you tell everybody, let's check the
  2585. 1:35:32grounds first? Was Was that your plan?
  2586. 1:35:35Well, I think that's I think that's just
  2587. 1:35:37typical police work. As you're moving,
  2588. 1:35:39you're you're looking. I was shining my
  2589. 1:35:41light under the trees and everything to
  2590. 1:35:43see if I could see anything.
  2591. 1:35:44All right. Well, first of all, when you
  2592. 1:35:45come in, right to the right, you see a
  2593. 1:35:47playhouse.
  2594. 1:35:49Is that correct?
  2595. 1:35:50Yes.
  2596. 1:35:51And you've been inside that playhouse,
  2597. 1:35:52haven't you?
  2598. 1:35:56I've been beside of it. I don't know
  2599. 1:35:58that I was inside.
  2600. 1:35:59seen people inside it? Is it big enough
  2601. 1:36:01for somebody to walk into?
  2602. 1:36:02Yes.
  2603. 1:36:03I take it that's the first place where
  2604. 1:36:05you'd want to look inside that playhouse
  2605. 1:36:07to see if there was any problem.
  2606. 1:36:09Is that correct?
  2607. 1:36:10We were looking all over the grounds.
  2608. 1:36:12So, you went in the playhouse, is that
  2609. 1:36:14correct?
  2610. 1:36:14No, I didn't.
  2611. 1:36:15Did you open the door of the playhouse?
  2612. 1:36:17No.
  2613. 1:36:18Did you knock on the playhouse?
  2614. 1:36:19No.
  2615. 1:36:21Did you just simply ignore the
  2616. 1:36:22playhouse?
  2617. 1:36:23The main concern was the residence at
  2618. 1:36:25that point.
  2619. 1:36:27And all four of you went to the front
  2620. 1:36:29door of the residence together?
  2621. 1:36:30That's correct.
  2622. 1:36:33How long did you stay at the front door?
  2623. 1:36:39Two or three minutes, something like
  2624. 1:36:41that.
  2625. 1:36:41Ringing the bell?
  2626. 1:36:42Ringing the bell, knocking on the door,
  2627. 1:36:43yeah.
  2628. 1:36:44But not yelling or shouting or asking
  2629. 1:36:46for anyone inside.
  2630. 1:36:47No.
  2631. 1:36:50And then where did you go?
  2632. 1:36:52Myself personally?
  2633. 1:36:53Yeah, you.
  2634. 1:36:55I walked back out to the driveway and
  2635. 1:36:57walked
  2636. 1:36:58north to the east-west walkway that
  2637. 1:37:00walks along the north side of the house.
  2638. 1:37:03Shining your flashlight, looking in the
  2639. 1:37:04bushes, looking in the shrubbery?
  2640. 1:37:06That's correct.
  2641. 1:37:07Was it dark back there?
  2642. 1:37:08Yeah, it was dark.
  2643. 1:37:10Was that
  2644. 1:37:11kind of unnerving for you?
  2645. 1:37:13No.
  2646. 1:37:14Not knowing what you had back there?
  2647. 1:37:16I
  2648. 1:37:18I think I testified I didn't feel any
  2649. 1:37:20personal danger at any time that night.
  2650. 1:37:24So, there'd be no need at any time for
  2651. 1:37:25you ever to draw a gun at that location,
  2652. 1:37:27would there?
  2653. 1:37:28I never felt that need, no.
  2654. 1:37:35Did you tell anybody to go knock on any
  2655. 1:37:37other doors?
  2656. 1:37:39Was there any instruction given by you
  2657. 1:37:41or Detective Lang as the lead detective
  2658. 1:37:42there?
  2659. 1:37:49What that a question? Was there any
  2660. 1:37:51instruction?
  2661. 1:37:51Right.
  2662. 1:37:54No, I think we were working as a group.
  2663. 1:38:01Kind of improvising as you went along.
  2664. 1:38:04Looking Looking the grounds over and
  2665. 1:38:05looking for people, yes.
  2666. 1:38:08How long did you spend looking in the
  2667. 1:38:09grounds looking for people?
  2668. 1:38:12Well, this happened until uh
  2669. 1:38:16This happened the entire time we were
  2670. 1:38:17there. When I was outside, I was looking
  2671. 1:38:19around.
  2672. 1:38:20How long were you outside looking for
  2673. 1:38:22people?
  2674. 1:38:26I don't know exactly. That's That's a
  2675. 1:38:28We walked around the side of the house
  2676. 1:38:30to the back.
  2677. 1:38:32I was shining my light. Maybe Maybe 5 or
  2678. 1:38:3410 minutes total. I looked the grounds
  2679. 1:38:37over.
  2680. 1:38:38Was that enough time to look everywhere
  2681. 1:38:39in those grounds?
  2682. 1:38:42Well, at some point there, everybody
  2683. 1:38:45that was supposed to be on the location
  2684. 1:38:46had been accounted for, and that's when
  2685. 1:38:48I stopped looking around.
  2686. 1:38:49No, but you were looking for people who
  2687. 1:38:51might be injured.
  2688. 1:38:53Again, at a point, people that were
  2689. 1:38:56supposed to be there were accounted for,
  2690. 1:38:57and that's when I stopped looking
  2691. 1:38:59around.
  2692. 1:38:59When was O.J. Simpson accounted for?
  2693. 1:39:01What time?
  2694. 1:39:02After 6:00 in the morning.
  2695. 1:39:04What time was he accounted for, sir?
  2696. 1:39:06I don't know what time the phone call
  2697. 1:39:07was made.
  2698. 1:39:08You don't have any records regarding
  2699. 1:39:10what time the phone call was made?
  2700. 1:39:11Yeah, there are phone records, yes.
  2701. 1:39:13You haven't looked at those?
  2702. 1:39:14No, I had I haven't seen them in front
  2703. 1:39:16of me.
  2704. 1:39:17You don't think that's an important
  2705. 1:39:19aspect of this case?
  2706. 1:39:20I can look at the phone record and tell
  2707. 1:39:21you exactly what time the phone call was
  2708. 1:39:23made.
  2709. 1:39:24You didn't keep any records regarding
  2710. 1:39:26what time you did anything at the
  2711. 1:39:28Rockingham location, did you?
  2712. 1:39:33Keep any records as to time Time
  2713. 1:39:35anything happened at Rockingham.
  2714. 1:39:37Oh, that's not true.
  2715. 1:39:39You did keep such records?
  2716. 1:39:41There's a There's a search warrant that
  2717. 1:39:42indicates items that were found there,
  2718. 1:39:44yes.
  2719. 1:39:44No. Did you keep any records as to what
  2720. 1:39:47time you did things at the Rockingham
  2721. 1:39:51location? What time you arrived, what
  2722. 1:39:53time you went to the Bronco, what time
  2723. 1:39:54you did everything you have testified
  2724. 1:39:56to? Are there any such records, sir?
  2725. 1:39:59Other than phone records, no.
  2726. 1:40:03And isn't that part of good record
  2727. 1:40:05keeping to make sure that the
  2728. 1:40:06chronological record is in order for all
  2729. 1:40:09important aspects of this case?
  2730. 1:40:11That's part of record keeping, yes.
  2731. 1:40:14This is a good place to stop, Your
  2732. 1:40:15Honor.
  2733. 1:40:16Yeah.
  2734. 1:40:18All right, ladies and gentlemen, we're
  2735. 1:40:18going to take our recess for the
  2736. 1:40:19afternoon session. Please remember my
  2737. 1:40:21admonitions to you. Don't discuss the
  2738. 1:40:23case amongst yourselves. Don't form any
  2739. 1:40:24opinions about the case. Don't conduct
  2740. 1:40:26any deliberations
  2741. 1:40:27until the matter has been submitted to
  2742. 1:40:29you. Do not allow anybody to communicate
  2743. 1:40:31with you.
  2744. 1:40:32Uh Detective Vinater, you may step down.
  2745. 1:40:34You're ordered to return at 9:00
  2746. 1:40:36tomorrow morning.
  2747. 1:40:38Uh we will stand in recess as far as the
  2748. 1:40:40jury is concerned until 9:00 tomorrow
  2749. 1:40:43morning.
  2750. 1:40:44And I'd like to see counsel on the
  2751. 1:40:46discovery matters after a short recess.
  2752. 1:40:49All right, that's your order. Thank you,
  2753. 1:40:50counsel.

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