Redirect examination of Philip Vannatter (part 3)

📄 Redirect examination of Philip Vannatter (part 3) — Monday, December 9, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\9\REDIRECT-EXAMINATION-OF-PHILIP.DOC

TRIAL

▲ Day 28 of 57

◀ Scheduling matters Sidebar: tape admissibility ▶

Witness: Det. Philip Vannatter
Examiner: John Kelly
Called by: Plaintiff • Date: Monday, December 9, 1996 • Lines: 73

Baker cross-examines Detective Vannatter, focusing on two main areas: the failure to collect Simpson's luggage (golf bag, Louis Vuitton) at Rockingham, and a sharp impeachment of Vannatter's public claim that Simpson never asked about the murders. Baker uses the police interview tape to contradict Vannatter's media statements, reading aloud Simpson's words: 'Every time I ask you guys, you're going to tell me in a bit.'

# 1 Q:

(BY MR. BAKER) All right, sir. Let me ask you a couple questions before we play the tape of the interview.

Now, obviously, you knew when you saw Mr. Simpson at approximately 12:30, in his yard, that he had come back from Chicago, correct?

# 2 A:

Yes.

# 3 Q:

And did you at that time request all of Mr. Simpson's luggage?

# 4 A:

No, I didn't.

# 5 Q:

In fact, you didn't request one piece of luggage, did you?

# 6 A:

I was given a piece of luggage.

# 7 Q:

Mr. Simpson walked through the gate with a bag that we have called the grip in this case, and what was called the grip in the criminal case. You know the bag I'm speaking of, do you not?

# 8 A:

Yes, sir; the travel bag.

# 9 Q:

And he also had other luggage, a golf bag and a Louis Vuitton bag that not you, nor one LAPD officer would let in Mr. Simpson's compound, isn't that true?

# 10 A:

I was not aware it was there. I'm sure it didn't come in if I've never seen it.

# 11 Q:

Well, you don't think when you saw Mr. Simpson standing there with that little duffel bag, that's what he went to Chicago with, did you?

# 12 MR. KELLY:

Objection. Argumentative. Calls for speculation on this witness' behavior.

# 13 THE COURT:

Sustained.

# 14 Q:

You never asked for any of Mr. Simpson's luggage at any time during your being lead Detective in the Simpson case, did you, sir?

# 15 A:

No.

# 16 Q:

In fact, the only time that the golf bag and the Louis Vuitton bag was ever brought downtown was during the criminal trial; and Mr. Simpson had his lawyers bring it in. Isn't that correct?

# 17 A:

I believe it's correct, yes.

# 18 Q:

In terms of Mr. Fuhrman was he back when you were there at noon?

# 19 MR. KELLY:

Objection as to the form. Where?

# 20 MR. BAKER:

I apologize. Poor question.

Was Mark Fuhrman back at Rockingham when you returned there around noon on June 13, 1994?

# 21 A:

I believe he was there. I saw his partner, Brad Roberts, there, yes.

# 22 Q:

The last thing you had directed Mark Fuhrman to do was to go over and compare the glove that he says he found at Rockingham with the glove at 875 South Bundy, correct?

# 23 A:

The last thing.

# 24 Q:

Yeah. That's the last communication --

# 25 A:

No.

# 26 Q:

-- you had with him before noon on June 13, 1994, correct?

# 27 A:

No.

# 28 Q:

I strike it.

You did talk to him about whether or not he felt the glove was the same, did you not?

# 29 A:

Yes.

# 30 Q:

Now, you never requested Mark Fuhrman to leave Bundy and go back to Rockingham, did you?

# 31 A:

I think that was probably implied because I asked him to go compare the gloves and have it photographed, the one at Bundy, and let me know on it, yes.

# 32 Q:

Well, maybe my question was unclear to you.

You never requested him to go back to Rockingham, correct?

# 33 A:

I asked him to let me know if the gloves appeared to be a match, yes.

# 34 Q:

And so Fuhrman goes from Rocking -- after he'd already been at Bundy, he goes to Rockingham, makes the discovery of the mark on the door of the Bronco, makes the discovery of a glove over on the south side of Mr. Simpson's house, goes back to Bundy and then back to Rockingham, right?

# 35 A:

Yes.

# 36 Q:

All right.

And at any time during the time that you saw Mark Fuhrman, was he wearing a coat?

# 37 A:

I don't recall him wearing a coat. He may have at some point, but I don't recall him wearing one.

# 38 Q:

Not at Rockingham, not at Bundy, correct?

# 39 A:

Right. He could have been, sir, I don't recall him wearing one.

# 40 Q:

You have no recollection one way or the other, correct?

# 41 A:

No, sir.

# 42 Q:

Now, in terms of the statement, sir, when that statement was -- tape recording was begun, it was, according to the statement itself, 13:35, which is 1:35 in the afternoon, right?

# 43 A:

Yes.

# 44 Q:

And now, you had been with Mr. -- Mr. Simpson in his yard at Rockingham, correct?

# 45 A:

Yes.

# 46 Q:

And you hadn't told him anything that you knew about the murders, had you?

# 47 A:

No.

# 48 Q:

You had been with him in the automobile going down to Parker Center, correct?

# 49 A:

Yes.

# 50 Q:

And again, you had told him absolutely nothing that you knew about what was going on with the murders, correct?

# 51 A:

Correct.

# 52 Q:

And he had asked you, hadn't he?

# 53 A:

No, he didn't ask me anything about it.

# 54 Q:

You went on television, on a couple of shows, and said you thought that O.J. Simpson's demeanor was inappropriate because he never asked you about what had happened at the murders, right?

KEY QUOTE

# 55 A:

That's right.

# 56 Q:

And you even said that in your deposition, isn't that true?

# 57 A:

Yes.

# 58 Q:

And then we played the tape for you where Mr. Simpson says, you guys won't tell me anything about what's going on.

You recall that?

# 59 A:

Yes. That was like a statement; not a question.

KEY QUOTE

# 60 Q:

Well, let's see if it's a statement or a question.

Mr. Simpson, at page 23, 810 (sic), in response --

# 61 MR. KELLY:

One moment, Mr. Baker.

# 62 MR. BAKER:

810 (sic) is the D.A.'s number.

# 63 Q:

(BY MR. BAKER) (Reading:) Mr. Simpson: You guys haven't told me anything. I have no idea what happened. When you said to my daughter -- said something to me today that somebody else might have been involved, I had absolutely no idea what -- what happened. I don't know how, why or what. You guys haven't told me anything. Every time I ask you guys, you're going to tell me in a bit.

Is it your statement that you had never been asked by Mr. Simpson anything about the murders in Rockingham or in the car or at Parker Center?

# 64 A:

That's my statement. This was never asked.

KEY QUOTE

# 65 Q:

And when he says, every time I ask you guys, you say you're going to tell me in a bit, you don't say anything to the effect that you've never asked us at all, do you?

# 66 A:

I didn't say that. Did I? Don't guess. Do you have a copy of that so I can refresh my memory?

# 67 Q:

Sure, be happy to show it to you.

Why don't you read to the jury what you said, sir.

MR. P. BAKER: Exhibit 783.

# 68 Q:

(BY MR. BAKER) In response to Mr. Simpson requesting, every time I ask you guys, you say you're going to tell me in a bit. Tell the jury what you responded to?

# 69 A:

Well, one of us responded, I don't know whether it was myself or Lange, one of us responded, well, we don't -- we don't know a lot of the answers to the questions ourself yet, O.J.

# 70 Q:

And I'd like to play the tape for you now, Detective Vannatter, and I'd like you to concentrate on the tape and tell me if that was you who said those words?

# 71 MR. PETROCELLI:

Excuse me. You're playing this portion of the tape?

# 72 MR. BAKER:

The whole thing.

# 73 MR. PETROCELLI:

Your Honor, may I be heard, briefly.

Temperature

tense

Key Quotes (4)

Robert Baker

You went on television, on a couple of shows, and said you thought that O.J. Simpson's demeanor was inappropriate because he never asked you about what had happened at the murders, right?

Introduces questioning about Vannatter's televised comments on Simpson's demeanor and whether Simpson had asked about the murders.

Philip Vannatter

That's my statement. This was never asked.

States Vannatter's position after Baker read the interview passage.

O.J. Simpson (read by Robert Baker)

Every time I ask you guys, you're going to tell me in a bit.

Direct quote from Simpson's police interview, used to refute Vannatter's nationally televised claim about Simpson's demeanor.

Philip Vannatter

That was like a statement; not a question.

States Vannatter's distinction between a statement and a question.

Evidence (3)

Exhibit 783

Transcript/tape of OJ Simpson's police interview, dated June 13, 1994

Passage read into the record; Baker asks to play the tape and says the whole tape will be played; Petrocelli then asks to be heard briefly

Informal

The grip/travel bag Simpson carried when returning from Chicago

Referenced while Baker questioned Vannatter about the golf bag and Louis Vuitton bag; Vannatter said he was unaware they were there and believed they did not come in because he had not seen them.

Informal

Golf bag and Louis Vuitton luggage

Referenced in Baker's questioning; Vannatter says he never requested Simpson's luggage and believes the golf bag and Louis Vuitton bag were brought downtown during the criminal trial by Simpson's lawyers

Notable Exchanges (3)

Robert Baker•Philip Vannatter

Baker reads Simpson's interview words while challenging Vannatter's statement that Simpson had not asked about the murders. Vannatter characterizes Simpson's words as a statement rather than a question.

confrontational

Robert Baker•Philip Vannatter

Baker asks whether LAPD officers kept Simpson's golf bag and Louis Vuitton bag from entering the compound. Vannatter says he was unaware the luggage was there and believed it had not come in because he had not seen it.

technical

Robert Baker•Philip Vannatter

Baker questions Vannatter about Fuhrman's movements between Bundy and Rockingham and whether Vannatter asked him to return to Rockingham. Vannatter says a return was probably implied by his request to compare the gloves and later agrees with the described sequence of Fuhrman's movements.

technical

Credibility Attacks (2)

⚔ Philip Vannatter

Prior inconsistent statement (public media statements vs. tape evidence)

Baker references Vannatter's television and deposition statements that Simpson had not asked about the murders, then reads Simpson's interview statement that ‘every time I ask you guys’ they deferred answering. Vannatter maintains that Simpson had not asked about the murders and characterizes Simpson's wording as a statement rather than a question.

⚔ Philip Vannatter

Omission/investigative failure

Baker asks whether Vannatter, as lead detective, ever requested Simpson's luggage. Vannatter answers no and says he believes the golf bag and Louis Vuitton bag were brought downtown during the criminal trial by Simpson's lawyers.

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 8547 • 73 lines • Plaintiff witness

Civil Trial

Department 103