Redirect examination of Tom Lange

📄 Redirect examination of Tom Lange — Tuesday, December 10, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\10\REDIRECT-EXAMINATION-OF-TOM-LA.DOC

TRIAL

▲ Day 29 of 57

Witness: Det. Tom Lange
Examiner: Robert Baker
Called by: Defense • Date: Tuesday, December 10, 1996 • Utterances: 273

Robert Baker cross-examines Detective Tom Lange about the events of June 13, 1994 at OJ Simpson's Rockingham estate, focusing on Fuhrman's outsized role — including who authorized him to go over the wall, who led the entry into the house, and why the detectives never drew their weapons despite believing a victim might be inside. Baker presses hard on inconsistencies in Lange's recollections, particularly challenging his account of how the southeast door was unlocked, suggesting the door cannot be keyed from outside.

# 1 (The jurors resumed their respective seats.)

# 2 Q:

(BY MR. BAKER) At break, I got in better pictures that I want to see if we can compare relative to that shoe print on the walkway and go on to something else, because want to get back here. If you can see --

MR. P. BAKER: 2214.

# 3 MR. BAKER:

Please feel free.

# 4 (Defendant's Exhibit No. 2214 displayed on the Elmo screen.)

# 5 Q:

(BY MR. BAKER) On the area on the tile -- let me get a pointer here. Excuse me, sir.

That, you would agree, is a shoe print, correct?

# 6 A:

That appears to be a partial, yes.

# 7 Q:

Okay.

# 8 MR. BAKER:

Phil, next one.

Take it back up.

Well, good.

Come back to it.

MR. P. BAKER: 887.

# 9 (Defendant's Exhibit No. 887 displayed on the Elmo screen.)

# 10 Q:

(BY MR. BAKER) These are all paw prints in blood, right?

# 11 A:

They appear to be, yes.

# 12 Q:

Next one.

By the way, those paw prints went 60 feet south to Dorothy, didn't they?

# 13 A:

Something like that.

# 14 MR. BAKER:

This is 2257.

# 15 (Defendant's Exhibit No. 2257 displayed on the Elmo screen.)

# 16 Q:

(BY MR. BAKER) And with that other picture that we had, the first one, in your view, shoe print? No shoe print? Can't tell?

# 17 A:

Well, I don't think I can tell from that.

# 18 Q:

It's got these spaces in it, lines across, right?

# 19 MR. BAKER:

Okay. Put the other one back up.

MR. P. BAKER: 2214.

# 20 (Defendant's Exhibit No. 2214 displayed on the Elmo screen.)

# 21 Q:

(BY MR. BAKER) Spaces in it, lines across. You don't have any problem telling me that's a shoe print?

# 22 A:

That appears to be a partial shoe print.

# 23 MR. BAKER:

Phil, back it off over to that last one.

# 24 Q:

(BY MR. BAKER) I want you to tell me if Nicole Brown Simpson's hand is in blood.

# 25 MR. BAKER:

Back it off, Phil.

# 26 A:

If her hand is in blood, from the hand that you see depicted there.

# 27 MR. PETROCELLI:

Which hand?

# 28 MR. KELLY:

Which hand?

# 29 Q:

(BY MR. BAKER) Looks like the left.

Is the right hand in blood and left not in blood?

# 30 A:

Looks to be in blood, yes.

# 31 Q:

And the left is not, correct?

# 32 A:

You -- if you could pull that out a little bit so I could get a better look. I haven't seen these in some time.

Well, they both appear to be -- this is in blood if you call this pool blood. But this is in blood, also. It's got blood on it.

# 33 (Indicating.)

# 34 Q:

The question was, the left one is not in blood; the right one is, in your opinion; is that not correct, sir?

# 35 A:

Well, it's --

# 36 Q:

Well, is it or isn't it? Just say yes or no.

# 37 A:

It's kind of a subjective call because this is partially in blood, and I guess this is in more blood.

# 38 Q:

Fair enough. Fine. You may resume your seat.

# 39 (Witness complies and resumes witness stand.)

# 40 MR. BAKER:

Now, you want to take those off.

# 41 Q:

(BY MR. BAKER) At Rockingham, after it was --

It was Fuhrman, by the way, was it not, that pointed out that quarter-inch spot over the left door handle in the dark of night on the morning of June 13,1994?

# 42 A:

Yes.

# 43 Q:

And it was Fuhrman who brought it to your attention, right?

# 44 A:

Yes.

# 45 Q:

And it was Fuhrman who told you that the -- the vehicle was parked jutting out into the street, right?

# 46 A:

No.

# 47 Q:

And by the way, before you had observed -- well, strike that.

Is it your opinion that the -- the vehicle and the blood on the -- purported blood on the vehicle had nothing to do with your decision to go over the wall and enter Mr. Simpson's house?

# 48 MR. MEDVENE:

Objection. State of mind is not relevant. What he saw and heard?

# 49 THE COURT:

Sustained.

# 50 MR. BAKER:

I'm sorry, sir.

# 51 THE COURT:

Sustained.

# 52 MR. BAKER:

On state of mind?

# 53 THE COURT:

State of mind is not relevant in that regard.

# 54 MR. BAKER:

It goes to his bias; it goes to his credibility.

# 55 MR. MEDVENE:

Objection. If Mr. Baker wants to argue. We can go to side bar.

# 56 MR. BAKER:

I do want to argue; it goes to this witness's credibility.

# 57 THE COURT:

I've sustained the objection.

# 58 Q:

(BY MR. BAKER) Did you feel, based on your viewing of the purported mark on the door, and based upon the angle the vehicle was parked, that someone inside the house may be a victim of a crime, may be bleeding, or worse?

# 59 MR. MEDVENE:

Same objection, Your Honor. And also number 15 of your prior ruling.

# 60 THE COURT:

Sustained. Probable cause is not an issue. I've already ruled on that.

# 61 MR. BAKER:

I'm not talking about probable cause.

# 62 THE COURT:

I'm not going to visit that issue again.

# 63 Q:

(BY MR. BAKER) You would agree you had no reason to order Fuhrman over the wall, true?

# 64 MR. MEDVENE:

Same objection.

# 65 THE COURT:

Sustained.

# 66 Q:

(BY MR. BAKER) Did Furman tell you, I can go over the wall, or words to that effect, and you said, okay, go?

# 67 MR. MEDVENE:

Hearsay, Your Honor. Object on that basis.

# 68 THE COURT:

Overruled.

# 69 A:

Something like that, yes.

# 70 MR. BAKER:

Page 15490, February 21, 1995, questions by Marcia Clark.

# 71 MR. PETROCELLI:

Hold on, Mr. Baker one second. His trial testimony?

# 72 MR. BAKER:

Yes. It is -- it's 22195.

# 73 MR. PETROCELLI:

Okay.

# 74 MR. BAKER:

(Reading:) "Q. What happened next? "A. I looked at the gate,

appeared to be a hydraulic gate.

Fuhrman was standing closest to the left

side of the gate. He said, I can go over the

wall. And I said okay, go. He at this time went over

the wall, stepped to his right, and

manually pulled the hydraulic gate open.

# 75 Q:

(BY MR. BAKER) That's what you said to Fuhrman; isn't that true?

# 76 A:

Yes, that's my testimony.

# 77 Q:

And so then you, Vannatter, Phillips, and Fuhrman go to the front door of the house, right?

# 78 A:

Yes.

# 79 Q:

And you ring the doorbell, right?

# 80 A:

We banged on the door.

# 81 Q:

You knew nobody was going to answer that door because you'd already heard the telephone ring inside the house and nobody answered; isn't that true?

# 82 A:

I didn't know that for sure.

# 83 Q:

Didn't you hear the phone?

You testified that you heard the phone ring outside the Ashford gate when they called the residence phone of Mr. Simpson; isn't that correct?

# 84 A:

Yes.

# 85 Q:

So you knew nobody's going to answer that, didn't you?

# 86 A:

No. I think we were trying to make every effort to arouse anyone that might be in the house. And I think that included knocking on the door.

# 87 Q:

So then you and your three colleagues go down the driveway to the north path, and go around to the back of Mr. Simpson's house, right?

# 88 A:

Yes.

# 89 Q:

And it is Fuhrman that knocks on the door relative to Kato Kaelin, with you standing behind him, right?

# 90 A:

Something like that.

# 91 Q:

And it's Fuhrman that is the first one, and he turns and he says, I think somebody's inside, after he knocks on that door; isn't that true?

# 92 A:

I believe he may have, yes.

# 93 Q:

And then it's Fuhrman that interrogates Kato Kaelin after the door is open, isn't it?

# 94 A:

For the most part, yes.

# 95 Q:

And you leave Fuhrman and you go to Arnelle Simpson's room after you hear that she is still on the premises, correct?

# 96 A:

Yes.

# 97 Q:

And every one of you leave Kato Kaelin with Fuhrman, and go to Arnelle Simpson's room, right?

# 98 A:

No. I believe I went to Arnelle's room with Phillips. I don't recall exactly where Vannatter was.

# 99 Q:

Is it your testimony, as you sit here today, that Vannatter stayed with Fuhrman in the area of the front door of the guest room of Kato Kaelin?

# 100 A:

No. It's my testimony that I don't recall where he was.

# 101 Q:

Do you have a recollection of him walking down the pathway with him?

# 102 A:

He may have.

# 103 Q:

Do you have a recollection, after Arnelle got clothes on, that Vannatter walked back towards Kato Kaelin's room with you?

# 104 A:

I recall, if I'm not mistaken, there's a couple of steps that go up towards the rear patio. And at the time, Vannatter was near Arnelle and myself, and the rest as we walked towards the rear door.

I don't specifically recall Vannatter being on the walkway, but I don't know. He may have. My attention wasn't on Vannatter.

# 105 Q:

So what was your attention on?

# 106 A:

The other occupants of the bungalows.

# 107 Q:

So your attention was on Arnelle and Kato Kaelin?

# 108 A:

Yes.

# 109 Q:

Where were they relative to you?

# 110 A:

Kaelin had answered his door, so he was on one side of the threshold, and I was on the outside.

Once he told us that Arnelle was there, I walked to Arnelle's door, which was adjacent to Kato's bungalow, with Phillips. And Phillips knocked on the door and Arnelle answered. And she came out a short time later.

# 111 Q:

Now, so we can get this in chronological sequence, when -- when Kato Kaelin came to the door, Mark Fuhrman identified the four of you as LAPD officers, did he not?

# 112 A:

He may have. I don't know if he did that initially.

# 113 Q:

Well, you obviously have to identify yourselves as Los Angeles Police Officers, wouldn't you --

# 114 MR. PETROCELLI:

Objection.

# 115 Q:

-- when you knock on the door of somebody's room?

# 116 MR. MEDVENE:

Objection. It's an argumentative question.

# 117 THE COURT:

Sustained.

# 118 Q:

(BY MR. BAKER) Well, did you or did you not identify yourselves?

# 119 A:

Again, I don't specifically recall whether that happened initially or later. I just have no recollection of that.

# 120 Q:

You do recall, do you not, sir, the first words out of Kato Kaelin's mouth were, "Did O.J.'s plane go down," don't you?

# 121 A:

I never heard that.

# 122 Q:

You've never heard Kato Kaelin say, did O.J.'s plane go down, while you were standing virtually in front of the door of Mr. Kaelin's room?

# 123 A:

I don't recall ever hearing that.

# 124 Q:

So if he said --

# 125 MR. MEDVENE:

Objection. Argumentative.

# 126 Q:

-- that --

# 127 MR. MEDVENE:

Excuse me, Mr. Baker.

# 128 MR. BAKER:

Let me finish the question.

# 129 MR. MEDVENE:

It's hearsay. No need to.

# 130 THE COURT:

Sustained.

# 131 MR. BAKER:

Can I get an objection --

Never mind.

# 132 Q:

(BY MR. BAKER) So, during the entire time that you're at the Simpson house --

# 133 MR. PETROCELLI:

There was on objection on the record, Your Honor.

# 134 THE COURT:

I sustained it --

# 135 MR. PETROCELLI:

I understand.

# 136 THE COURT:

-- Mr. Petrocelli, on the grounds that he said he didn't hear anything.

# 137 MR. PETROCELLI:

I understand. Mr. Baker indicated there was no --

# 138 THE COURT:

Let's go on.

# 139 MR. PETROCELLI:

-- objection.

# 140 Q:

(BY MR. BAKER) So, Mr. Lange, so that I'm clear, is it your testimony that at no time while you were at O.J. Simpson's house, between 5 o'clock and 6:45 in the morning of June 13, 1994, did you know that Mr. Simpson had gone on a scheduled trip to Chicago the evening before?

# 141 A:

No. We found out later, once we were inside, once Kathy Randa was contacted.

# 142 Q:

And -- okay.

So that once -- well, let me go in sequence, and we'll come back to that.

So it's your testimony that you have no recollection of the four of you hearing anything about whether Mr. Simpson's plane went down, and you left as soon as Kato Kaelin indicated to you that Arnelle Simpson was on the property, and went to her bungalow, correct?

# 143 MR. MEDVENE:

Objection calls for conclusion, lack of foundation. The question is the four of you hearing. He can just testify to himself, Your Honor.

# 144 THE COURT:

Overruled.

Let's get some questions asked and answered.

# 145 A:

I'm not saying he didn't say it; I'm saying I don't recall hearing it.

KEY QUOTE

# 146 Q:

(BY MR. BAKER) Maybe you didn't understand my question.

But in any event, you, the other three go down; you get Arnelle, and come back and pick up Kato Kaelin and Mark Fuhrman on the way back after Ms. Simpson had gotten some clothes on, correct?

# 147 A:

No, I don't think Vannatter went to Arnelle's room. I think it was Phillips and myself. We came back. At that time, I believe Fuhrman was inside Kato's bungalow, speaking with him, and that Arnelle, Vannatter, Phillips, and myself walked toward the rear door.

# 148 Q:

Okay. You just don't have any recollection where Vannatter was in this?

# 149 A:

Not specifically.

# 150 Q:

All right.

Now, after you got -- you walked back from Arnelle's room, and Mark Fuhrman was in Kato Kaelin's room, correct?

# 151 A:

Yes.

# 152 Q:

Did you see him in that room?

# 153 A:

Yes. It seems to me I did glance as we walked by it; he was inside the room.

# 154 Q:

Did you see him in the bathroom of Mr. Kaelin's guest area?

# 155 A:

I don't recall that.

# 156 Q:

Did you walk, then, up the stairs to the patio area?

# 157 A:

Yes.

# 158 Q:

And did you then go back in -- strike that.

Did you ask Ms. Arnelle Simpson, when you were out to her bungalow, to get a key to get into the house?

# 159 A:

I don't recall asking her. Vannatter may have asked her. I don't recollect.

# 160 Q:

Vannatter wasn't even there. You don't have any recollection of him being there?

# 161 A:

No. And I -- I testified that -- that Vannatter, Phillips, myself, and Arnelle walked to the rear door.

# 162 Q:

No, no, no.

I take it that once the three of you -- well, the two of you; that is, the two LAPD types and Arnelle, walked down the walkway, which is what, two and a half, three feet below this patio area here, is it not?

# 163 A:

Somewhat.

# 164 Q:

And at some point in time, Vannatter joins you, right, and then you walk up the steps. And you had -- you or Phillips had asked Arnelle to get a key to the house, hadn't you?

# 165 A:

I don't recall asking her. Phillips may have, Vannatter may have. I don't recall.

# 166 Q:

Well if Vannatter wasn't there, he obviously didn't.

# 167 A:

Well, I --

I don't know where Vannatter was.

# 168 Q:

Now, you then had a clear recollection of Arnelle Simpson opening, with the key, the southeast door that is indicated on whatever exhibit this is.

MR. P. BAKER: 116.

# 169 MR. BAKER:

Thank you.

# 170 Q:

(BY MR. BAKER) That's the door you went in?

# 171 A:

I believe so.

# 172 Q:

And Arnelle Simpson hit the pad and de-alarmed the house?

# 173 A:

I believe so.

# 174 Q:

As a matter of fact, Mr. Lange, there's absolutely no alarm pad back there, is there?

# 175 A:

I don't know.

# 176 Q:

As a matter of fact, Detective Lange, there's absolutely no key that can go in that door; it locks only from the inside; isn't that true?

KEY QUOTE

# 177 A:

My recollection is that she keyed our way in from --

# 178 Q:

Isn't it true, sir, that what really occurred is, you walked all the way around the north and went up the driveway, and went into the entrance?

# 179 (Indicating to exhibit 116.)

# 180 A:

That's absolutely false.

KEY QUOTE

# 181 Q:

Now, by the way, sir, was there a black and white at the -- in the area of Ashford and Rockingham when you requested Fuhrman, or gave him permission to go over the wall?

# 182 A:

There was a black and white that showed up around that time. I don't recall specifically when.

# 183 Q:

There were two other officers that were present when you directed Fuhrman to go over the wall, and they were still in their black and white; isn't that true?

# 184 A:

I don't recall that.

# 185 Q:

Well, you recall a black and white being there between the time of your arrival just after 5:00 and before you left at 6:45, right?

# 186 A:

Yes.

# 187 Q:

Now, so, is it your testimony, then, that you walked in the door, the southeast door, and walked into the kitchen area?

# 188 A:

Well, towards the kitchen area, yes.

# 189 Q:

Nobody turned on any lights in the den area, did they?

# 190 A:

I don't recall anyone doing that, no.

# 191 Q:

In other words, now, the first person that goes in this house is Arnelle, right?

# 192 A:

I don't recall who stepped through the doorway first.

# 193 Q:

Now, you had believed prior to this entering this house, that this house -- someone inside the house may be a victim of crime, correct?

# 194 A:

That was my concern; that's correct.

# 195 Q:

And of course, all four of you LAPD officers carried side arms that night, June 13, 1994, did you not?

# 196 A:

Yes.

# 197 Q:

Not one of you drew a side arm before entering that house, correct?

# 198 A:

I don't think we need it for a victim.

KEY QUOTE

# 199 Q:

Not one of you drew a side arm before you entered that house, right?

# 200 A:

No, there was no reason to draw a side arm.

# 201 Q:

Not one.

In fact, you thought that somebody may be in the house bleeding, or worse, that a crime was taking place, before you sent Fuhrman over the wall; isn't that true, sir?

# 202 A:

I thought there may be one or two victims inside, yes.

# 203 Q:

You thought a crime may be taking place inside the house, didn't you, sir?

# 204 A:

No, not at all.

# 205 Q:

Not at all?

You thought that that probably had already taken place, correct?

# 206 A:

It wouldn't have been five hours since the bodies had been found. It was starting to get light. That was not a major concern of mine, no.

# 207 Q:

Then why didn't you go get a search warrant?

# 208 MR. MEDVENE:

Objection. Relevance, Your Honor.

# 209 THE COURT:

Probable cause not an issue. Objection sustained.

# 210 Q:

(BY MR. BAKER) So as I understand it, then, you thought somebody could be inside the house bleeding or dying, and the first person that goes through the door is Arnelle Simpson, right?

# 211 A:

I don't recall her going through the door first. That's not to say she didn't. I don't recall who went through the door first.

# 212 Q:

Well, you certainly would want, if there was somebody bleeding or dying inside that residence, you would want to be the first person in that house, as a detective of 20-plus years, and make sure that you discovered and assisted a victim if there, in fact, there was a victim, correct?

# 213 MR. MEDVENE:

Question is argumentative compound.

# 214 THE COURT:

Sustained.

# 215 Q:

(BY MR. BAKER) Well, did you ever, after you got in the house, go upstairs, Mr. Lange?

# 216 A:

No.

# 217 Q:

You never went upstairs to look to see if a victim was dying or bleeding upstairs?

# 218 A:

No. Once we contacted Kathy Randa, we got an explanation. There was no evidence of any kind of a struggle in the house. Everything was in place. The maid's quarters was immaculate.

We later found out that the maid wasn't even there over the weekend, so there was no reason to go upstairs.

# 219 Q:

Well, so, it was after you contacted Kathy Randa that you knew everything was in order, right?

# 220 A:

No. The first thing I did upon entering is --

# 221 Q:

Maybe you didn't understand the question.

# 222 MR. MEDVENE:

Excuse me, your honor. The witness is answering a question.

# 223 MR. BAKER:

The witness is being nonresponsive, Your Honor.

# 224 THE COURT:

The witness is not responding.

# 225 Q:

(BY MR. BAKER) You just testified that after you contacted Kathy Randa, you knew everything was okay in the house, and so there was no need to go upstairs, correct?

# 226 A:

That was my impression, yes.

# 227 Q:

An so from the time you got inside the house until you contacted Kathy Randa, woke her up and found out where O.J. Simpson was, was what, five, seven, ten minutes?

# 228 A:

Oh, I don't know how long it was.

# 229 Q:

But during that whole period of time, you never went upstairs and viewed anything upstairs to see if there was any victim that you thought may be dying or bleeding, as before you authorized Fuhrman to go over the wall, correct.

# 230 MR. MEDVENE:

The question is argumentative.

# 231 THE COURT:

Sustained.

# 232 MR. MEDVENE:

Move to strike the answer.

# 233 THE COURT:

Stricken.

# 234 Q:

(BY MR. BAKER) During the time periods that you were in the house -- you say you walked back in and there was no -- you walked through the bar/den area towards the dining room and the kitchen?

# 235 A:

Yes.

# 236 Q:

And the area from, I guess it would be the south, there's a pool table right where my finger is, in this area here. Is there not?

# 237 (Indicating.)

# 238 A:

Yes.

# 239 Q:

And that's below the area that is where the bar and the den are, correct?

# 240 A:

That's correct.

# 241 Q:

And this whole area from where my finger is, where this room indicates, where this room is on the southeast side of the main house, that is all open, is it not?

# 242 A:

Yes.

# 243 Q:

And the bar area is right adjacent to where the pool area -- pool table is, correct?

# 244 A:

It's up and over to the left, yes.

# 245 Q:

And then there's sofas around here, and TV sets embedded into this wall in here, correct?

# 246 A:

Correct.

# 247 Q:

And this is a pretty good size area, isn't it?

# 248 A:

Yes.

# 249 Q:

Beyond that is a dining room, a formal dining room?

# 250 A:

Yes.

# 251 Q:

Beyond that, you enter the kitchen and then go -- which is a good-sized kitchen, isn't it?

# 252 A:

Yes.

# 253 Q:

Then you go into a kitchen nook area, true?

# 254 A:

If you were to continue walking in that direction, yes.

# 255 Q:

And if you continue to walk in that direction, you can walk right out onto the driveway of Mr. Simpson's place, true?

# 256 A:

Yes.

# 257 Q:

Now, is it your testimony that you walked in the southeast entrance and didn't turn on any lights, and you walked through the bar/den area, through the dining room area, and into the kitchen, without anybody turning any lights on?

# 258 A:

There was a light on inside the house. And I -- my testimony was, I didn't recall anyone turning the lights on. There appeared to be enough light inside for me to move around.

# 259 Q:

So we were worried about a possible victim in the house. There is an entire panel of light switches by the door that you say you came in, and no one turned them on.

# 260 MR. MEDVENE:

The question is argumentative.

# 261 THE COURT:

Sustained.

# 262 Q:

(BY MR. BAKER) Well, did you tell Arnelle, don't turn any lights on; we wouldn't want to go through the den and kitchen -- of the kitchen with just our flashlights?

# 263 A:

No, I don't recall asking her where -- I recall asking her where the housekeeper's quarters were.

# 264 Q:

In fact, was it you or Vannatter that went with Arnelle to the housekeeper's room?

# 265 A:

I think we both did.

# 266 Q:

And you are LAPD detectives of over 40 years' experience, let her go in first, right?

# 267 MR. MEDVENE:

Question is argumentative.

# 268 THE COURT:

Sustained.

# 269 MR. BAKER:

You did have her go in first, didn't you?

# 270 A:

I don't recall who went in first.

# 271 Q:

Now --

# 272 A:

Certainly when we got in, he walked by there. I don't recall her leading the way into the house at all.

# 273 Q:

Do you recall --

Temperature

tense

Key Quotes (4)

Robert Baker

As a matter of fact, Detective Lange, there's absolutely no key that can go in that door; it locks only from the inside; isn't that true?

Baker directly accuses Lange of fabricating or misremembering the entry point into the house, attacking the foundation of how the warrantless search was conducted.

Tom Lange

That's absolutely false.

Lange's flat denial of Baker's claim that the detectives walked around the north side of the house — one of the few unequivocal answers in an otherwise heavily hedged testimony.

Tom Lange

I don't think we need it for a victim.

Lange's explanation for not drawing weapons reveals the contradiction in his stated rationale for entering: if they feared a victim inside, standard procedure would apply — Baker is exposing the inconsistency.

Tom Lange

I'm not saying he didn't say it; I'm saying I don't recall hearing it.

Lange hedges on whether Kato Kaelin said 'Did O.J.'s plane go down?' — a key moment because the defense argues the detectives already knew Simpson was in Chicago and the welfare check was pretextual.

Evidence (5)

Defendant's 2214

Photograph of tile walkway showing what appears to be a partial shoe print

displayed on Elmo, discussed

Defendant's 887

Photographs of paw prints in blood, which Baker says extended 60 feet south to Dorothy

displayed, discussed

Defendant's 2257

Photograph used for comparison with shoe print image

displayed, discussed

Defendant's 116

Diagram/layout of OJ Simpson's Rockingham estate, used to identify southeast entrance door and interior layout

referenced repeatedly during entry sequence questioning

Informal

Lange's criminal trial testimony, page 15490, February 21, 1995 (Marcia Clark examination) — regarding Fuhrman saying 'I can go over the wall'

read into record by Baker to confirm prior consistent statement

Notable Exchanges (4)

Robert Baker•Tom Lange

Baker challenges Lange's account of the southeast door entry — asserting the door has no exterior keyhole and locks only from the inside. Lange insists his recollection is that Arnelle keyed them in. Baker then suggests the real entry route was the north driveway.

strategic, confrontational

Robert Baker•Tom Lange

Baker methodically establishes that none of the four detectives drew their weapons before entering a house where they claimed to believe a dying victim might be inside — using Lange's own logic against him.

revealing

Robert Baker•Edward Medvene•Hiroshi Fujisaki

Baker repeatedly tries to get at Lange's state of mind and probable cause rationale for the warrantless entry; Fujisaki sustains every objection and shuts down Baker's argument that it goes to credibility, citing a prior ruling that probable cause is not at issue.

procedural, frustrated

Robert Baker•Tom Lange

Baker reads Lange's prior criminal trial testimony verbatim establishing that Fuhrman volunteered to go over the wall and Lange simply said 'okay, go' — Lange confirms it.

methodical

Credibility Attacks (3)

⚔ Tom Lange

internal inconsistency / implausibility

Baker challenges Lange's claim that the southeast door was unlocked with a key, asserting the door has no exterior keyhole — implying Lange is either lying about the entry point or has fabricated this detail.

⚔ Tom Lange

conduct inconsistent with stated belief

Baker highlights that despite Lange testifying they feared a victim was dying inside the house, none of the four detectives drew weapons, nobody turned on lights, and Lange never went upstairs to search — undermining the stated 'welfare check' rationale.

⚔ Tom Lange

memory impeachment / selective recall

Baker repeatedly contrasts Lange's confident recollection of some details (Fuhrman going over the wall, Arnelle unlocking the door) against his repeated inability to recall where Vannatter was, who went in first, whether they identified themselves to Kaelin, and whether they heard Kaelin ask about Simpson's plane.

Witness Demeanor

Repeatedly qualifies answers with 'I don't recall,' 'I don't specifically recall,' 'Something like that,' and 'I believe so'

Gives flat denial ('That's absolutely false') only once, regarding Baker's claim about the entry route

Becomes more evasive when pressed on Vannatter's whereabouts during the house entry sequence

Objections

14 objections (12 sustained, 2 overruled)

Proceeding 8555 • 273 utterances • Defense witness

Civil Trial

Department 103