Cross-examination of Tom Lange (2 of 2)

📄 Cross-examination of Tom Lange (2 of 2) — Wednesday, December 11, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\11\CROSS-EXAMINATION-OF-TOM-LANGE.DOC

TRIAL

▲ Day 30 of 57

◀ Exhibit admissions Re-redirect examination of Tom Lange ▶

Witness: Det. Tom Lange
Examiner: Robert Baker
Called by: Plaintiff • Date: Wednesday, December 11, 1996 • Utterances: 104

Plaintiff's attorney Medvene conducted redirect of Detective Lange, focusing on three damaging points: Simpson's failure to ask basic questions about his wife's murder during the initial phone call, his failure to volunteer blood after acknowledging he was bleeding, and the absence of any evidence suggesting a second suspect. Lange testified there was one set of bloody shoe prints, similar wounds on both victims, and mixed blood on Goldman's boot consistent with a single weapon wielded by one person.

# 1 Q:

Mr. Lange, can you tell us, if you can, identify the cut that you were just referring to when you talked to Mr. Baker?

# 2 A:

Right here.

# 3 Q:

Okay. And your --

# 4 MR. BAKER:

That photo was taken June 15?

# 5 THE COURT:

What?

# 6 MR. PETROCELLI:

June 15, right.

# 7 Q:

(BY MR. MEDVENE) And can you identify where it is just for the record?

# 8 A:

Well, it's on the left hand middle finger, what I call the first joint towards the tip of the middle finger. Excuse me.

# 9 Q:

Thank you. You can take it down now.

That day, on the 13th, did you ever hold Mr. Simpson's hands in yours and inspect his left hand?

# 10 A:

No.

# 11 Q:

Did you ever ask him to spread his fingers so that you'd be able to observe whether or not there were any scrapes, or nicks, or cuts between his third and fourth finger on his left hand?

# 12 A:

I don't recall doing that.

# 13 Q:

Was your primary emphasis on the middle finger, and the left hand where there was a band-aid on the finger?

# 14 MR. BAKER:

Leading.

# 15 THE COURT:

Sustained.

# 16 Q:

(BY MR. MEDVENE) Where was your primary focus?

# 17 A:

Middle finger of the left hand.

# 18 Q:

Why was that?

# 19 A:

Because I observed what appeared to be fresh injuries to it.

# 20 Q:

Now, you were asked earlier about a portion of the interview with Mr. Simpson where he said in part, you guys have not told me anything, and you told Mr. Baker in substance that --

# 21 MR. BAKER:

Well, I would object to him summarizing what the testimony is. That's argumentative, Your Honor. He can just ask him the question.

# 22 THE COURT:

Overruled.

# 23 Q:

And you said in substance that there were specifics that Mr. Simpson had not asked you. That's the area I wanted to talk to you about.

Had you spoken to --

# 24 MR. BAKER:

Well, I object that that question assumes facts not in evidence. He didn't say there were specifics Mr. Simpson hadn't asked him.

# 25 THE COURT:

Overruled.

# 26 Q:

(BY MR. MEDVENE) Had you spoken to Mr. Simpson, among other times, on the telephone from the Rockingham house in the early morning hours of June 13?

# 27 A:

Yes.

# 28 Q:

And Mr. Simpson, to the best of your knowledge, at the time was where?

# 29 A:

In Chicago.

# 30 Q:

And that was the first time you spoke with him?

# 31 A:

Yes.

# 32 Q:

What did he not ask you about, among other things, with respect to --

# 33 (Mr. Baker raised his hand.)

# 34 THE COURT:

Sustained.

# 35 (Laughter.)

# 36 Q:

(BY MR. MEDVENE) Did Mr. Simpson ask you at that time how his wife was killed?

# 37 MR. BAKER:

I object to him leading.

# 38 THE COURT:

You may ask leading questions. It's objectionable to ask, "what did he ask you?"

# 39 MR. BAKER:

All right. Understood.

# 40 A:

No.

# 41 Q:

(BY MR. MEDVENE) Did Mr. Simpson ask you any details of how his wife was killed?

# 42 A:

No.

# 43 Q:

Did Mr. Simpson ask you where the murders took place?

# 44 A:

No.

# 45 Q:

Did Mr. Simpson ask you how she was killed?

# 46 A:

No.

# 47 Q:

Did Mr. Simpson ask you what weapon was used?

# 48 A:

No.

# 49 Q:

Did Mr. Simpson ask you any of the questions, that in your experience, are ordinarily asked of a homicide investigator, when there's a report of the death of a close one that's related?

# 50 A:

No.

# 51 Q:

Did Mr. Simpson ask you, for example, how do you know that it was his wife?

# 52 MR. BAKER:

Your Honor, I object. This is argumentative in the sense that --

# 53 THE COURT:

I think you went through it once. All right. I'll sustain the objection unless . . .

# 54 Q:

(BY MR. MEDVENE) Now, there was also some questions by Mr. Baker about during the interview, about blood, and whether Mr. Simpson immediately had volunteered to have a blood test.

Earlier in your discussion with Mr. Simpson, prior to the portion Mr. Baker had read you, had you discussed the fact with him that various blood was found at Rockingham?

# 55 A:

I believe so.

# 56 MR. BAKER:

Your Honor, I object.

# 57 Q:

(BY MR. MEDVENE) Did Mr. Simpson volunteer to take a blood test?

# 58 MR. BAKER:

Mr. Medvene, I object to this. He's asking him to recall what is in this. Let's go to the actual document, not his leading question about what he believes was asked at the interview.

# 59 (Pause.)

# 60 THE COURT:

I'm confused by the questions.

# 61 MR. MEDVENE:

Let me do what Mr. Baker had suggested. With Your Honor's permission, let's go to the specific interview.

# 62 THE COURT:

And which interview are you talking about?

# 63 MR. MEDVENE:

On June the 13th, when Mr. Simpson was speaking with Detectives Lange and Vannatter.

# 64 Q:

(BY MR. MEDVENE) Did Mr. Simpson say -- and I direct you to page 15, line 24. (Reading:)

I recall bleeding at my house,

and then I went to the Bronco. The last

thing before I did before I left, when I

was rushing was went and got my phone

out of the Bronco.

# 65 Q:

(BY MR. MEDVENE) Do you recall Mr. Simpson telling you that?

# 66 A:

Yes.

# 67 Q:

Did he volunteer for any blood test at that time?

# 68 A:

No.

# 69 Q:

Do you recall --

# 70 MR. BAKER:

You want to read the question from now on, so it appears that Mr. Simpson is in fact answering their question.

# 71 MR. MEDVENE:

Let me read from page 15 to accommodate Mr. Baker, starting at line 22, I'll read through 26.

(Reading:) Q. That's okay. Do you

recall bleeding at all in the -- in your

truck, in the Bronco. Mr. Simpson: I recall bleeding

at my house, and then I went to the

Bronco. The last thing I did before I

left, I was rushing, was went and got my

phone out of the Bronco.

# 72 MR. MEDVENE:

I direct you now, Mr. Baker, to page 16, line 11.

# 73 Q:

(BY MR. MEDVENE) Did you or Mr. Vannatter say to Mr. Simpson: (Reading:)

So do you recall bleeding at all?

# 74 Q:

And Mr. Simpson said: (Reading:)

Yeah, I mean I -- I knew I was

bleeding, but it was no big deal, I

bleed all the time. I mean it's -- I'm

always -- I play golf and stuff so

there's always something, nicks and

stuff.

# 75 Q:

(BY MR. MEDVENE) Do you remember that being asked of Mr. Simpson, and Mr. Simpson giving you that answer?

# 76 A:

Yes.

# 77 Q:

And did he volunteer to give any blood at that time?

# 78 A:

No.

# 79 Q:

During the interview, before Mr. Simpson said whatever he said, did you make reference to your recollection to any blood of Mr. Simpson's being found at the Bundy location?

# 80 A:

No.

# 81 MR. BAKER:

I object to the question as vague, before he said whatever he said.

# 82 THE COURT:

Sustained.

# 83 Q:

(BY MR. MEDVENE) Before -- later in the interview, when Mr. Simpson said what Mr. Baker made reference to, about volunteering to give blood, did you tell Mr. Simpson that his blood had been found at Bundy?

# 84 A:

No.

# 85 MR. BAKER:

Your Honor, I object to that question. Move to strike. There's no foundation they knew his blood had ever been found at Bundy when they interviewed him.

# 86 THE COURT:

Overruled.

# 87 Q:

(BY MR. MEDVENE) Now, you were also asked some questions, this morning I believe, about the crime scene at Rockingham, and you mentioned the crime scene at Rockingham, in effect, was not your responsibility.

What did you mean by that?

# 88 A:

I was to investigate the Bundy crime scene, and Vannatter would be in charge of the Rockingham crime scene.

# 89 Q:

Yesterday, Mr. Baker showed you something that he said might be a shoe print and you were unable to identify it as a shoe print.

Why is that?

# 90 A:

Well, I just -- I looked at it. I can't say that it's any kind of a shoe print. I mean to me, if that were a shoe print, there would be others around there.

I mean there's just the one pattern there referring to if in fact that was a shoe print, you'd expect to find other shoe prints around it because of the large amount of blood.

# 91 Q:

Well, were there any other bloody shapes of any kind that were going east on Bundy?

# 92 A:

No.

# 93 Q:

Is it true while there were no other bloody shapes that appeared to be shoe prints going east on Bundy, you did observe certain paw prints and blood?

# 94 A:

There appeared to be animal paw prints, yes.

# 95 Q:

Now, there was also a question yesterday regarding your ability to reconstruct the murder in terms of who was attacked first, and who died first; that series of questions.

Are you able, not having been present, to give any definite opinion as to who was attacked first, or who died first, or who necessarily was standing where?

# 96 A:

I don't think there was anyway I can do that.

# 97 Q:

And why is that?

# 98 A:

Well, as you mentioned, part of it is I wasn't there. It was --- as the investigator all I can do is go by the physical evidence at the crime scene, and looking at that crime scene there are probably three or four possible scenarios.

# 99 Q:

Now, as a result of the fact that it's not possible to reconstruct exactly what happened with respect to the two murders, is there any evidence, to your knowledge, to indicate a second suspect?

# 100 A:

No.

# 101 Q:

And why do you say that?

# 102 A:

I have one set of bloody shoe prints at the crime scene. The victims were killed in a similar fashion, the wounds are similar. There appears, in my mind, to be a common murder weapon because of the mixture of blood found at the scene at the bottom of Mr. Goldman's boot. There's just absolutely no evidence of a second suspect.

KEY QUOTE

# 103 Q:

What does that tell you -- by the way, when you say a common weapon, why do you say that? By common weapon you mean used by one person?

# 104 A:

One weapon used by one person on both victims. Because of a mixture of blood found on the boot, the form of a blood droplet, perhaps a cast off, what I would term a common murder weapon that had the blood of both victims on it.

KEY QUOTE

Temperature

tense

Key Quotes (4)

Witness

No.

Lange's repeated 'No' to whether Simpson asked how his wife was killed, where the murders took place, what weapon was used, or any question an ordinary person would ask upon learning a close one had died — delivered five times in succession for devastating cumulative effect.

OJ Simpson (read from interview transcript)

Yeah, I mean I -- I knew I was bleeding, but it was no big deal, I bleed all the time. I mean it's -- I'm always -- I play golf and stuff so there's always something, nicks and stuff.

Simpson's own words minimizing his bleeding, read into the record to undercut any claim of innocent explanation for his blood at the crime scene.

Witness

I have one set of bloody shoe prints at the crime scene. The victims were killed in a similar fashion, the wounds are similar. There appears, in my mind, to be a common murder weapon because of the mixture of blood found at the scene at the bottom of Mr. Goldman's boot. There's just absolutely no evidence of a second suspect.

Direct rebuttal of any two-killer theory; Lange summarizes the physical evidence pointing to a single perpetrator.

Witness

One weapon used by one person on both victims. Because of a mixture of blood found on the boot, the form of a blood droplet, perhaps a cast off, what I would term a common murder weapon that had the blood of both victims on it.

Lange explains the forensic logic linking both victims to a single weapon and single killer.

Evidence (5)

Informal

Photo of cut on Simpson's left hand middle finger, taken June 15

displayed, identified by Lange as fresh injury to first joint of left middle finger

Informal

June 13 interview transcript of OJ Simpson with Detectives Lange and Vannatter

read into record by Medvene; pages 15-16 quoted regarding Simpson's bleeding acknowledgment and failure to volunteer blood test

Informal

Bloody shoe prints at Bundy crime scene

discussed; Lange testified one set going west, none going east, with only animal paw prints nearby

Informal

Ron Goldman's boot with mixed blood from both victims

cited by Lange as evidence of a common murder weapon used on both victims

Informal

Alleged shoe print shown by Baker the previous day

challenged; Lange testified he could not identify it as a shoe print because no other such prints surrounded it

Notable Exchanges (3)

Edward Medvene•Robert Baker•Hiroshi Fujisaki

Medvene began asking 'What did he not ask you' — Baker raised his hand without speaking and Fujisaki sustained the objection, drawing laughter. Fujisaki then clarified the rule: leading questions are permitted on redirect, but open-ended 'what did he ask/not ask' questions are objectionable.

procedural with comic relief

Edward Medvene•Detective Lange

Medvene walked Lange through a rapid-fire series of questions — did Simpson ask how Nicole was killed, where, with what weapon, how they knew it was her — all answered 'No,' building a picture of conspicuous incuriosity.

strategic and damaging

Edward Medvene•Robert Baker

Baker objected to Medvene's paraphrase of the interview transcript and insisted on reading the actual document. Medvene complied, and the actual words — Simpson casually saying he bleeds 'all the time' from golf — proved equally damaging.

procedural, backfired for defense

Light Moments (1)

Robert Baker

Baker raised his hand silently (no verbal objection) and the judge sustained it anyway, prompting courtroom laughter.

Credibility Attacks (1)

⚔ Detective Lange

prior testimony / scope of examination

Baker's redirect had apparently raised questions about the limits of Lange's investigation (not inspecting Simpson's full hand, not being responsible for Rockingham crime scene). Medvene used redirect to rehabilitate by explaining Lange's focused attention on the visible injury and his designated Bundy responsibility.

Witness Demeanor

(Mr. Baker raised his hand.)

(Laughter.)

(Pause.)

Objections

9 objections (3 sustained, 4 overruled)

Proceeding 8600 • 104 utterances • Plaintiff witness

Civil Trial

Department 103