Direct examination of Philip Vannatter

📄 Direct examination of Philip Vannatter — Friday, November 1, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\1\DIRECT-EXAMINATION-OF-PHILIP-V.DOC

TRIAL

▲ Day 7 of 57

◀ Plaintiffs' exhibits received Redirect examination of Philip Vannatter ▶

Witness: Det. Philip Vannatter
Examiner: John Kelly
Called by: Plaintiff • Date: Friday, November 1, 1996 • Utterances: 172

John Kelly conducts direct examination of retired LAPD Detective Philip Vannatter, focusing entirely on chain of custody for blood evidence. Vannatter describes witnessing nurse Thano Peratis draw blood from OJ Simpson on June 13, 1994, then personally transporting that vial from Parker Center to Rockingham — handing it directly to criminalist Dennis Fung. He also describes picking up Nicole Brown Simpson's and Ron Goldman's blood vials from the coroner's office on June 15 and delivering them sealed to SID at Piper Tech.

# 1 MR. KELLY:

Mr. Vannatter, please.

PHILIP VANNATTER, called as a witness on behalf of Plaintiff Brown, was duly sworn and testified as follows:

# 2 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?

# 3 DET. PHILIP VANNATTER:

I do.

# 4 THE CLERK:

And if you'd please state and spell your name for the record.

# 5 DET. PHILIP VANNATTER:

Philip Vannatter, P-H-I-L-I-P, V-A-N-N-A-T-T-E-R. DIRECT EXAMINATION BY MR. KELLY:

# 6 Q:

Good afternoon, Mr. Vannatter.

# 7 A:

Good afternoon.

# 8 Q:

Mr. Vannatter, are you permanently employed?

# 9 A:

No, sir, I'm retired.

# 10 Q:

And going back to June 13, 1994, were you employed at that time?

# 11 A:

Yes.

# 12 Q:

And by whom?

# 13 A:

The Los Angeles police department.

# 14 Q:

And as of June 13, 1994, how long have you been employed by the Los Angeles police department at that time?

# 15 A:

26 and a half years.

# 16 Q:

And as of June 13, 1994, were you assigned to any particular division within the Los Angeles police department?

# 17 A:

Yes.

# 18 Q:

And what division was that?

# 19 A:

Robbery/homicide division.

# 20 Q:

And did you have a partner, a steady partner within that time?

# 21 A:

Yes.

# 22 Q:

Who was that?

# 23 A:

Tom Lange.

# 24 Q:

Now, did you have occasion, Mr. Vannatter, to be at Parker Center at approximately 2:30 p.m. on June 13, 1994?

# 25 A:

Yes, I did.

# 26 Q:

And first of all, what is Parker Center?

# 27 A:

Parker Center is the main police building to the Los Angeles police department.

# 28 Q:

Okay. And you recall where, specifically, you were within Parker Center at approximately 2:30 P.M. on the 13th of June, 1994?

# 29 A:

I do.

# 30 Q:

And where were you?

# 31 A:

In the jail dispensary located on the first floor of jail division.

# 32 Q:

And was there anybody else there with you at that time?

# 33 A:

Yes.

# 34 Q:

And who was there with you at that time?

# 35 A:

Tom Lange, O.J. Simpson and Thano Peratis.

# 36 Q:

And were you there for a particular purpose?

# 37 A:

Yes.

# 38 Q:

And what was that purpose that you were there for?

# 39 A:

To obtain a blood sample from Mr. Simpson.

# 40 Q:

And on -- at this time and at that place, did you obtain a blood sample from Mr. Simpson?

# 41 A:

Yes.

# 42 Q:

And could you briefly describe -- first of all, did you have occasion to observe that blood sample being taken from Mr. Simpson?

# 43 A:

Yes.

# 44 Q:

And could you tell me what you observed in terms of that sample being taken?

# 45 A:

It was taken under medically approved conditions with a syringe placed into a purple top container.

# 46 Q:

Okay. And who actually removed that blood from Simpson using a syringe?

# 47 A:

The registered nurse, Peratis.

# 48 Q:

That was Thano Peratis, as you mentioned before?

# 49 A:

Yes.

# 50 Q:

Was it your request he withdrew the blood from Simpson?

# 51 A:

Yes.

# 52 Q:

And can you tell me once again, what he did with the syringe after he withdrew the blood from Mr. Simpson to get it into a vial?

# 53 A:

He injected the needle through the purple top cap of the vial and injected the blood into the vial.

KEY QUOTE

# 54 Q:

There was no top to remove from the vial to place the blood in there; is that correct?

# 55 A:

That's correct. There was no top removed.

# 56 Q:

The needle was placed through the top?

# 57 A:

That is correct.

# 58 Q:

Okay. And what, if anything, did Mr. Peratis do, Nurse Peratis do with the vial after the blood had been placed in there?

# 59 MR. BAKER:

Objection. Foundation.

# 60 THE COURT:

Witness may testify to what he observed.

# 61 DET. PHILIP VANNATTER:

He placed it into a small manila envelope and gave it to me.

# 62 Q:

(BY MR. KELLY) Okay.

And do you know whether there were any markings on the vial before it was given to you?

# 63 A:

Yes.

# 64 Q:

And what markings were those?

# 65 A:

Mr. Simpson's name was placed on it and my name was placed on it.

# 66 Q:

Okay. And what, if anything, did you do with the vial when you received it from Nurse Peratis at that time?

# 67 A:

I hand carried it up to the third floor, robbery/homicide division.

# 68 Q:

Okay.

And what, if anything, did you do once you arrived on the third floor at robbery/homicide division?

# 69 A:

I obtained an analyzed evidence envelope, a specific envelope for blood; for whole blood, filled out the front paperwork on the front of it as best I could; because I didn't have all the information, and placed the vial within the envelope.

# 70 Q:

I'm sorry. What color, again, was that envelope?

# 71 A:

A gray envelope.

# 72 Q:

And would you be able to describe the proximate size of that envelope for me?

# 73 A:

Yeah. It's approximately 8 by 10.

# 74 Q:

And after you placed -- after you completed that paperwork on the envelope, do you -- did you do anything with the vial at that time?

# 75 A:

No. I laid it down on my desk.

# 76 Q:

Did you place the vial in the envelope?

# 77 A:

Oh, yeah. After I placed the vial in the -- In the envelope, I laid it on my desk.

# 78 Q:

Okay. Did there come a time that you departed Parker Center that day subsequent to placing that vial in that envelope?

# 79 A:

Yes.

# 80 Q:

And approximately what time did you depart from Parker Center?

# 81 A:

Approximately 4:00 p.m.

# 82 Q:

Okay. And in what manner did you depart from Parker Center? How did you leave there?

# 83 A:

I drove the city issued vehicle that was issued to me.

# 84 Q:

Did anybody leave with you in that car at that time?

# 85 A:

No. I was by myself in the car.

# 86 Q:

Okay. And did you take that evidence envelope with the vial with you at that time also?

# 87 A:

I did.

# 88 Q:

Okay. And could you tell me where, if anywhere, you were heading at approximately 4 o'clock when you left Parker Center?

# 89 A:

Yes, to 360 north Rockingham in Brentwood.

# 90 Q:

And can you tell me the route you took in going from Parker Center to get to Rockingham at that time?

# 91 A:

I took the Santa Monica freeway, west to the San Diego freeway, as I recall; and I believe I got off at Sunset Boulevard.

# 92 Q:

Would you be able to describe the traffic conditions to me that existed at that time you made the drive from the Parker Center to Rockingham?

# 93 A:

They were extremely heavy.

# 94 Q:

Do you recall at approximately what time you arrived at Rockingham?

# 95 A:

Shortly after 5:00 P.M.

# 96 Q:

And did you get out of your car at that time?

# 97 A:

Yes.

# 98 Q:

Did you take that evidence envelope with the vial in it at that time also?

# 99 A:

Yes.

# 100 Q:

And what, if anything, did you do with that evidence envelope with the vial in it when you got to Rockingham at approximately 5:00, 5:15?

# 101 A:

I walked directly to the front foyer area of the residence and handed it to Dennis Fung, the criminalist.

KEY QUOTE

# 102 Q:

At any time prior to turning over that vial in the evidence in to Dennis Fung, the criminalist, did you ever put that vial in your pocket?

# 103 A:

Never.

# 104 Q:

Okay. Did you ever even take that vial out of the evidence envelope after you had filled the sample and in --

# 105 MR. BAKER:

Leading and suggestive.

# 106 THE COURT:

Overruled.

# 107 DET. PHILIP VANNATTER:

No.

# 108 Q:

(BY MR. KELLY) Mr. Vannatter, I now want to draw your attention to June 15, 1994, two days later. Okay?

Do you recall where you were at approximately 8:30 A.M. on that morning?

# 109 A:

I do.

# 110 Q:

And where were you at that time?

# 111 A:

The Los Angeles county coroner's office.

# 112 Q:

And at that time and at that place, did you obtain anything from the coroner's office?

# 113 A:

I did about 15 minutes after 8:30; about 8:45. Yes, I did.

# 114 Q:

And what did you obtain at that time?

# 115 A:

The Nicole Brown Simpson's blood sample and Ronald Goldman's blood sample.

# 116 Q:

And when you say you obtained their samples, what were these blood samples in?

# 117 A:

They were in vials that had been prepared by the autopsy surgeon.

# 118 Q:

And were the vials contained within anything else?

# 119 A:

They were removed from refrigeration, placed in manila envelopes, sealed and given to me, yes.

# 120 Q:

Okay. And those envelopes were sealed when you received them?

# 121 A:

Yes.

# 122 Q:

Okay. And were those envelopes labeled on the outside when you received them?

# 123 A:

They were just plain envelopes. The actual vial itself was labeled.

# 124 Q:

Okay. Now when you were at the coroner's office receiving these two vials in the separate sealed envelopes, was there any procedure you had to follow before receiving them?

# 125 A:

Yes. I had to sign an evidence control log, Los Angeles county coroner's control log.

# 126 Q:

Did you do that on that day?

# 127 A:

I did.

# 128 Q:

Let me see if I can see 387, please.

And Mr. Vannatter, I'd like to direct your attention to what's on the screen there.

# 129 A:

I'm having a hard time seeing.

# 130 Q:

Maybe you might want to stand up and step around and look at -- can you make that any smaller? Smaller, so you get the whole thing.

# 131 (The instrument herein described as coroner's documents consisting of autopsy evidence collection log; evidence log for Ron Goldman, evidence log for Nicole Brown Simpson, drop-box log was marked for identification as Plaintiffs' Exhibit No. 387.)

# 132 Q:

(BY MR. KELLY) First of all, are you able to recognize that document?

# 133 A:

Yes, I am.

# 134 Q:

Okay. Is that the evidence log you referred to that you would have had to sign out of when you received the evidence that day?

# 135 A:

That's correct. That would appear that that's a copy of it. I recognize my signature on the log, yes.

# 136 Q:

So could you focus it a little bit, please?

If you could just step up and point out where you see your signature there.

# 137 A:

Yes, sir. My signature is right above the printed information that was done by the coroner's office, P. L. Vannatter. That's my signature.

# 138 Q:

That's your badge number also?

# 139 A:

Yes. That information was recorded by the coroner's office.

# 140 Q:

Why don't you just read me the information that was recorded on that format with your signature?

# 141 A:

Phil Vannatter, serial No. 14877, LAPD Robbery/homicide division, by G. Siglar. I believe the date 654 -- the time, sorry, 845 hours.

# 142 Q:

Does G. Siglar refer to a name?

# 143 A:

That's a person that works in the laboratory at the coroner's office.

# 144 Q:

Is that the person who you obtained the vials from?

# 145 A:

Yes.

# 146 Q:

What does the time, 8:45 A.M. represent?

# 147 A:

That would have been the time they released to me.

# 148 Q:

Okay.

You can have a seat again, please.

Now, Mr. Vannatter, after receiving those two vials of blood, one of Nicole Brown Simpson, one of Ron Goldman; what, if anything, did you do with them at that time?

# 149 A:

I proceeded directly to Scientific Investigation Division, located at Piper Tech.

# 150 Q:

And how far is Piper Tech from the coroner's office where you picked up the blood?

# 151 A:

Approximately a five- to ten-minute drive.

# 152 Q:

Okay.

And what, if anything, did you do when you arrived there with those two vials?

# 153 A:

I signed in the laboratory, went directly to the supervisor serologist's office and delivered the two vials.

# 154 Q:

Were the envelopes still sealed when you delivered them as they had when you received them at the coroner's office?

# 155 A:

Yes, sir.

# 156 Q:

And one other thing, if we could, flip on 721, please, Steve.

# 157 (Mr. Foster complies, displays exhibit 721.)

# 158 (The instrument herein described as SID, sign-in sheets, 6/15/94, was marked for identification as Plaintiffs' Exhibit No. 721.)

# 159 Q:

(BY MR. KELLY) I'd ask you if -- you indicated you signed in when you arrived at the coroner's office --

# 160 A:

No.

# 161 Q:

-- Is that correct? I mean at the S.I.D., scientific investigation?

# 162 A:

Yes, sir.

# 163 Q:

That's correct. And you -- do you recognize that document that's reflected on the screen at this time? You can step --

# 164 A:

May I get up and look?

# 165 Q:

Sure.

# 166 (Witness approaches screen.)

# 167 A:

Yes. This is, it would appear, a xerox copy of the log that was maintained by scientific investigation division to allow you entry into the area.

# 168 Q:

Okay. And if you could just stay there a moment, Steve. Can you focus it a little bit?

And can you tell me, Mr. Vannatter, what, from -- what information is reflected on the form there moving from left to right?

# 169 A:

Yes. I recognize my printing. My first initial, last name. RHD stands for Robbery/homicide division. Extension 2531 stands for the phone extension in my office, and my serial No. 14877, and the time that I signed in, is 0850 in the morning.

# 170 Q:

That was approximately five minutes after you left the coroner's office?

# 171 A:

That's correct, sir. Yes.

# 172 MR. KELLY:

Okay. I have no further questions. CROSS-EXAMINATION BY MR. BAKER:

Temperature

procedural

Key Quotes (3)

Philip Vannatter

Never.

Flat denial that he ever placed OJ's blood vial in his pocket — directly addressing the criminal trial allegation that he carried the blood unsecured, enabling potential planting at the crime scene.

Philip Vannatter

I walked directly to the front foyer area of the residence and handed it to Dennis Fung, the criminalist.

Establishes Vannatter personally carried OJ's blood from Parker Center to Rockingham rather than booking it into evidence first — the act that generated planting allegations in the criminal trial.

Philip Vannatter

He injected the needle through the purple top cap of the vial and injected the blood into the vial.

Precise description of blood draw method — relevant to later defense claims about the vial's original volume versus what was tested.

Evidence (2)

Plaintiffs' 387

Coroner's documents: autopsy evidence collection log, evidence logs for Ron Goldman and Nicole Brown Simpson, drop-box log

Marked for identification; Vannatter identified his signature and badge number on the log

Plaintiffs' 721

SID sign-in sheets, 6/15/94

Marked for identification; Vannatter identified his printing, division, phone extension, serial number, and 0850 sign-in time

Notable Exchanges (1)

John Kelly•Philip Vannatter

Kelly walks Vannatter through the exact path of OJ's blood vial: drawn at Parker Center jail dispensary, carried personally by Vannatter through heavy afternoon traffic on the 405, arriving at Rockingham around 5:00-5:15 PM to hand off to Fung — establishing the unbooked transport that was central to the criminal trial planting narrative.

strategic

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 8112 • 172 utterances • Plaintiff witness

Civil Trial

Department 103