Direct examination of Frank Spangler

📄 Direct examination of Frank Spangler — Thursday, December 12, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\12\DIRECT-EXAMINATION-OF-FRANK-SP.DOC

TRIAL

▲ Day 31 of 57

◀ Recross-examination of Kelly Mulldorfer Cross-examination of Frank Spangler ▶

Witness: Lt. Frank Spangler
Examiner: Edward Medvene
Called by: Plaintiff • Date: Thursday, December 12, 1996 • Utterances: 172

Defense attorney Dan Leonard conducts direct examination of LAPD Lieutenant Frank Spangler, who supervised West LA Division detectives including Mark Fuhrman as of June 12, 1994. The examination focuses on Spangler's walk-through of the Bundy crime scene with Detective Phillips in the early morning hours of June 13, and a key inconsistency: Spangler now claims he walked down the north pathway alongside the property, but never mentioned this in his criminal trial testimony. The examination ends with a pointed revelation that Spangler had told plaintiffs' attorneys about Fuhrman removing his jacket — and the plaintiffs then chose not to call him as a witness.

# 1 THE COURT:

Call your next witness.

# 2 MR. LEONARD:

Detective Frank Spangler.

FRANK SPANGLER, called as a witness on behalf of Defendants, was duly sworn and testified as follows:

# 3 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 4 LT. FRANK SPANGLER:

I do.

# 5 THE CLERK:

Please state and spell both your first and your last names for the record.

# 6 LT. FRANK SPANGLER:

My name is Frank Spangler, F-r-a-n-k, S-p-a-n-g-l-e-r.

DIRECT EXAMINATION BY MR. LEONARD:

# 7 Q:

(BY MR. LEONARD) Good morning. Is it -- is it sergeant, detective, what is it?

# 8 A:

I'm a lieutenant.

# 9 Q:

Excuse me.

Lieutenant Spangler, can you see that board okay, or is there too much of a shine?

You need to wear glasses? Okay. Make sure you're wearing your glasses.

# 10 A:

Yes, I can see it fine.

MR. P. BAKER: That board is 408.

# 11 (Exhibit 408 displayed on the Elmo screen.)

# 12 Q:

(BY MR. LEONARD) You are a Police Department lieutenant, correct?

# 13 A:

Yes, sir.

# 14 Q:

How long have you been employed by the police department?

# 15 A:

Twenty-eight years.

# 16 Q:

How long have you been a detective?

# 17 A:

Since --

# 18 Q:

You are a detective, right?

# 19 A:

Yes.

# 20 Q:

How long?

# 21 A:

Since 1984.

# 22 Q:

And as of June 12, 1994, you were in charge of all West Los Angeles Division detectives; is that correct?

# 23 A:

Yes.

# 24 Q:

Including Mark Fuhrman?

# 25 A:

Yes, sir.

# 26 Q:

And Mr. Phillips?

# 27 A:

Yes, sir.

# 28 Q:

Detective Phillips?

# 29 A:

Yes, sir.

# 30 Q:

Detective Roberts?

# 31 A:

Yes, sir.

# 32 Q:

How long had Detective Fuhrman been under your supervision as of June 12,1994?

# 33 A:

Not counting days off, about 28 days.

KEY QUOTE

# 34 Q:

Okay. And where, if you know, where had he transferred in from?

# 35 MR. MEDVENE:

Objection. Relevance, materiality.

# 36 THE COURT:

Sustained.

# 37 Q:

(BY MR. LEONARD) Directing your attention to June 12,1994, at approximately 2:30 in the morning, you arrived at the Bundy scene?

# 38 A:

Approximately 2:30 in the morning.

# 39 Q:

Is that right?

# 40 A:

On the 13th.

# 41 Q:

Excuse me. The 13th?

# 42 A:

Yes, sir.

# 43 Q:

And you were initially briefed by Detective Phillips; is that right?

# 44 A:

Yes, sir.

# 45 Q:

And then you did a walk-around, and a walk-through with Detective Phillips; is that correct?

# 46 A:

Yes, sir.

# 47 Q:

In other words, you arrived; you walked to the back of the --

Why don't you show us where you walked to. I know that the street isn't on here, but show us where you met Detective Phillips that night on the diagram.

# 48 A:

Do you want me to approach the board?

# 49 Q:

Yeah. There's a pointer up here.

# 50 A:

Okay.

# 51 (The witness complies.)

# 52 A:

Umm --

# 53 Q:

The front is over on the right?

# 54 A:

This is the front gate here. (Indicating.)

# 55 Q:

Yes?

# 56 A:

And this is the -- (Indicating.)

# 57 Q:

That's the back?

# 58 A:

And this is the garage.

# 59 Q:

Yes?

# 60 A:

It would be standing in this area back here. (Indicating.)

# 61 Q:

Okay.

# 62 A:

Near the alley.

# 63 Q:

You had a brief discussion with Detective Phillips at this point?

# 64 A:

Yes, sir.

# 65 Q:

And then Detective Phillips took you into the house; is that right?

# 66 A:

Yes, sir.

# 67 Q:

Now, before you went into the house --

And by the way, when you went into the house, it was just you and Detective Phillips, correct?

# 68 A:

Correct.

# 69 Q:

Before you went into the house, you saw Detective Fuhrman outside?

# 70 A:

Yes, I did.

# 71 Q:

Okay.

You went into the house with Detective Phillips, walked through to the front of the house, went out on the landing, and made some observations from the front landing, correct?

# 72 A:

Actually, most of the observations were done from inside the doorway that leads to the landing.

# 73 Q:

Okay.

But you never went down into the Bundy -- the actual crime scene in the front of Bundy, correct?

# 74 A:

Are -- that's the steps here?

# 75 Q:

Yeah.

# 76 A:

This would be the front door here. (Indicating.)

# 77 Q:

Is that where it is?

MR. P. BAKER: No, back there.

# 78 Q:

(BY MR. LEONARD) Back there, where you see the opening?

# 79 A:

Back here. (Indicating.)

# 80 Q:

Yeah.

# 81 A:

Most of my observations were made from this area here, and out in this landing area here. (Indicating.) We never went down towards where the bodies were laying.

# 82 Q:

And again, you're with Detective Phillips, and you don't know where Detective Fuhrman is at this time, right?

# 83 A:

I know where he was the last time I saw him.

# 84 Q:

Right. Okay.

And you never went down into the walk -- see the walkway that runs along the north side of the property?

# 85 A:

This here.

# 86 Q:

You never entered that walkway, did you?

# 87 A:

Yes, I did.

This walkway back -- this? (Indicating.)

# 88 Q:

Yes.

# 89 A:

Going back towards --

# 90 Q:

Yes.

# 91 A:

Yes, sir.

# 92 Q:

Okay.

Do you recall testifying at your -- at the criminal trial as to what you did during this time period?

# 93 A:

Yes.

# 94 Q:

Do you remember that?

# 95 A:

Correct.

# 96 Q:

Do you remember testifying at the criminal trial that you walked through the --

# 97 MR. MEDVENE:

Page and line?

# 98 MR. LEONARD:

Well, I'm just trying to refresh his memory.

# 99 MR. PETROCELLI:

Well, show it to him.

# 100 MR. MEDVENE:

There's no showing.

# 101 THE COURT:

Excuse me.

Go ahead. Examine him.

# 102 Q:

(BY MR. LEONARD) Do you recall testifying at the criminal trial, that you walked with Detective Phillips out to the landing area near the front door, came back out, and walked around to the front? Do you remember that?

# 103 A:

Yes, I do.

# 104 Q:

You didn't mention anything in the criminal trial about walking down that pathway, did you?

# 105 A:

Correct. I was never asked if I had been down this pathway; you're right.

# 106 Q:

Is it your testimony, now, that at some point during this initial walk-through with Detective Phillips, that you did walk down the pathway?

# 107 A:

This pathway back here. (Indicating.)

# 108 Q:

Yes.

# 109 A:

Yes.

# 110 Q:

You're just remembering that now?

# 111 A:

I was never asked that.

# 112 Q:

Let's go. You can --

# 113 A:

Yeah.

# 114 Q:

-- go back up.

Let me refer you to your criminal trial transcript, 19065 all the way over to 19068.

Do you recall being asked these questions by Mr. Bailey and giving these responses, starting at 19065, line 7.

Actually, let's start up, actually, over on 19064, line 26. "Q. Can you tell us where you

went after your arrival, what you looked

at. "A. Yes, sir. Detective

Phillips and Sergeant Rossi spoke to me

briefly, and Detective Phillips escorted

me into the condo via the garage."

Do you remember giving that answer?

# 115 A:

Yes.

# 116 Q:

(MR. LEONARD READING:). "Q. Did you view the crime

scene from the steps, the front steps? "A. I stayed inside the

condominium. I did not go outside onto

any steps, sir";

# 117 A:

Correct.

# 118 Q:

Do you remember giving that?

# 119 A:

Correct.

# 120 Q:

Next question. (Reading:) Did you ever enter the crime

scene from Bundy? "A. Yes, I did, sir. "Q. When was that? "A. Detective Phillips, after

taking me through the interior of the

condominium and showing me some things

from the doorway, took me back via

Dorothy, to the front of the location,

and the illuminated a pathway through

some plants that were just south of the

sidewalk, where the female victim was

lying. And we approached it from that

position, sir."

Do you remember giving that answer?

# 121 A:

Yes, I do.

# 122 Q:

Okay.

When you recounted what you did in that initial walk-through, you did not mention, did you, sir, that you walked down the north pathway; isn't that right?

# 123 A:

There was no discussion of that pathway; that's correct.

# 124 Q:

Did you just forget about that when you were answering questions for Mr. Bailey in the last trial?

# 125 A:

I was never asked about the pathway.

# 126 Q:

Sir, were you asked just what you did, just as I did in this trial, and did you forget at the criminal trial to say that you had walked down that rear pathway?

Yes or no?

# 127 MR. MEDVENE:

Objection. Asked --

# 128 LT. FRANK SPANGLER:

Is that two questions?

# 129 THE COURT:

Looks like two questions.

# 130 LT. FRANK SPANGLER:

Okay.

# 131 MR. LEONARD:

Withdrawn.

# 132 LT. FRANK SPANGLER:

Okay.

# 133 Q:

(BY MR. LEONARD) Are you telling this jury, sir, that you were not trying to recount to that jury at that trial, what you did after Detective Phillips took you through the condominium, you went out to the front steps and then back out?

Are you saying that you -- that you are not trying to tell the jury everything you did?

# 134 MR. MEDVENE:

Objection. Argumentative, Your Honor.

# 135 THE COURT:

Overruled.

# 136 A:

Am I trying to tell this jury that I'm not recounting everything that I did?

Is that what you're saying?

# 137 Q:

My question is: When Mr. Bailey put the question to you in the criminal trial, were you intentionally trying to tell the -- The jury in the criminal trial that you did not go down that pathway?

# 138 A:

No, I was not, intentionally.

# 139 Q:

You just forgot?

# 140 A:

I did not forget.

I was not asked about that pathway. I was asked how we approached the crime scene. The crime scene that I'm referring to is out where the bodies are lying. Within that little, enclosed fence area, and we did not approach that.

# 141 Q:

Did you not give the following answer: "Detective Phillips, after taking

me through the interior of the

condominium and showing me some things

from the doorway, took me back via

Dorothy to the front of the location."

# 142 A:

And that is?

# 143 Q:

Did you give that answer?

# 144 A:

I did; that's correct.

# 145 Q:

You did not say anything at that time about going into that north pathway, did you?

# 146 A:

I did not.

# 147 Q:

You forgot to tell the jury; is that what it was?

# 148 A:

I did not forget, sir.

KEY QUOTE

# 149 Q:

You didn't put that in here, in that answer, did you, sir?

# 150 A:

I was not asked that question; you're correct.

# 151 Q:

Now, when you saw -- after you went around front to Bundy, keep that in mind, now.

# 152 A:

Yes, sir.

# 153 Q:

Did you -- did there come a time when you saw Detective Fuhrman again?

# 154 A:

While I was standing on Bundy, that's -- yes, I did.

# 155 Q:

That was about what, 15 minutes after you had seen him earlier?

# 156 A:

No. I would say it would be more in the area of 25 minutes to a half an hour, I would think.

# 157 Q:

Okay.

Now, when you first saw Detective -- when you saw Detective Fuhrman the second time, he did not have a coat on, did he?

He did not have a sport jacket; is that right?

# 158 A:

Correct.

# 159 Q:

When you saw him the first time, he had a sport jacket on; isn't that right, sir?

# 160 A:

Yes.

# 161 Q:

Now, you have been -- you were -- you were on the plaintiffs' witness list in this case, weren't you, sir?

# 162 A:

Yes, sir.

# 163 Q:

And you actually appeared about a month ago, and you stood out in that hallway and waited to testify, didn't you, sir?

# 164 MR. MEDVENE:

Objection. Relevance, materiality.

# 165 THE COURT:

Sustained.

# 166 Q:

(BY MR. LEONARD) Did you, in preparation for -- for your expected testimony as a plaintiffs' witness, tell the plaintiffs' attorneys that Mark Fuhrman had his coat on and then didn't have his coat on at some point, sir?

Did you tell them that?

# 167 A:

Yes, sir.

# 168 Q:

When you showed up here, they told you they didn't want you to testify; isn't that right, sir?

KEY QUOTE

# 169 A:

No, sir.

# 170 Q:

Did you testify?

# 171 A:

No, sir.

# 172 Q:

Thank you.

Temperature

tense

Key Quotes (4)

FRANK SPANGLER

I was never asked about that pathway. I was asked how we approached the crime scene. The crime scene that I'm referring to is out where the bodies are lying.

Spangler's defense for omitting the north pathway from his criminal trial testimony — he draws a distinction between 'the crime scene' (bodies) and the pathway, which Leonard is trying to collapse.

FRANK SPANGLER

Not counting days off, about 28 days.

Establishes how recently Fuhrman had transferred to West LA Division under Spangler's supervision at the time of the murders — potentially relevant to how well Spangler knew him.

DAN LEONARD

When you showed up here, they told you they didn't want you to testify; isn't that right, sir?

Suggests the plaintiffs dropped Spangler after learning his testimony about Fuhrman's jacket removal — implying they feared what he might say under cross.

FRANK SPANGLER

I did not forget, sir.

Repeated insistence under pressing from Leonard — the core credibility dispute of the examination.

Evidence (2)

408

Diagram of the Bundy crime scene, displayed on the Elmo screen

Used throughout to orient Spangler's movements — he approaches and points to locations including the front gate, garage, landing, and north pathway

Informal

Criminal trial transcript, pages 19064-19068, F. Lee Bailey's examination of Spangler

Read aloud by Leonard to establish prior inconsistent testimony — Spangler recounted his walk-through without mentioning the north pathway

Notable Exchanges (3)

DAN LEONARD•FRANK SPANGLER

Extended back-and-forth over whether Spangler's omission of the north pathway in criminal trial testimony was a deliberate omission, a forgotten detail, or simply a non-answer to a question never asked. Spangler holds firm that he was never asked; Leonard presses that his comprehensive answer should have included it.

strategic

DAN LEONARD•FRANK SPANGLER

Leonard reveals that Spangler had been on the plaintiffs' witness list, told plaintiffs' attorneys about Fuhrman removing his jacket, then was not called to testify. Spangler denies being told they didn't want him — but confirms he never testified.

revealing

DAN LEONARD•HIROSHI FUJISAKI•FRANK SPANGLER

Leonard asks a compound question ('Yes or no?'), Spangler quips 'Is that two questions?', and the judge confirms 'Looks like two questions.' Leonard withdraws.

light

Light Moments (1)

FRANK SPANGLER

Spangler quips 'Is that two questions?' when Leonard demands a yes-or-no answer to a compound question; the judge dryly confirms it is.

Credibility Attacks (2)

⚔ FRANK SPANGLER

Prior inconsistent statement

Leonard reads Spangler's criminal trial testimony (Bailey examination) in which Spangler fully recounted his walk-through without mentioning the north pathway — then presses him on why he is now claiming he walked it. Spangler maintains he was never directly asked.

⚔ FRANK SPANGLER

Witness list maneuvering / bias

Leonard establishes that Spangler was on the plaintiffs' witness list, gave them information about Fuhrman's jacket, and was then not called — implying the plaintiffs suppressed testimony that cut against their narrative.

Witness Demeanor

(The witness complies.) — approaches the board and uses pointer to indicate locations on the crime scene diagram

Repeated calm, measured responses under pressure: 'I did not forget, sir.' / 'I was not asked that question; you're correct.'

Objections

5 objections (3 sustained, 1 overruled)

Proceeding 8637 • 172 utterances • Plaintiff witness

Civil Trial

Department 103