Defense counsel read into the record a deposition of Bernie Douroux, the tow truck driver who transported OJ Simpson's Ford Bronco from Rockingham to the LAPD print shed on June 13, 1994. The defense used his testimony to establish that the Bronco was left unattended on a public street outside Parker Center for approximately three minutes, with media nearby, and that Douroux never observed blood inside or outside the vehicle during his entire time with it.
# 2 (The following testimony of Bernie Douroux was read into the record, with Mr. Gelblum reading the questions, and Mr. Foster reading the answers.) # 4 Q: And can you tell the ladies and gentlemen of the jury what time you received a call in response to this, sir?
# 5 A: We received a call in the mike room -- LAPD mike room at approximately 3:06.
# 6 Q: Then you responded to that call and arrived at the location on Rockingham?
# 7 A: Yes, sir, around 3:31.
# 8 Q: All right. Around 3:31 in the afternoon?
# 10 Q: And when you got to that location, was the media present at that time, sir?
# 12 Q: And did you see a lot of media there?
# 14 Q: While you were there at Rockingham, did you ever see a lady walk up or run up and touch this vehicle while you were there?
# 15 A: I -- not myself, no.
# 16 Q: You never saw that personally?
# 18 Q: Did you become aware of that at some point?
# 19 MR. GELBLUM: Objection, Your Honor. Hearsay.
# 20 THE COURT: Sustained.
# 21 Q: So you learned about it afterwards; is that correct?
# 23 MR. GELBLUM: Objection. Hearsay.
# 24 THE COURT: Overruled.
# 25 Q: With regards to this particular vehicle, prior to the time that you started preparing it for towing, did you have occasion to look at that vehicle -- exterior of that vehicle at all?
# 26 A: No, I didn't. Just after I hooked it up, just to make sure it was nothing -- there was nothing -- there wasn't full-time four-wheel drive.
# 27 Q: You described for us that you touched I guess the front wheel part of the vehicle; is that correct?
# 28 A: Yes, sir, the front right tire.
# 29 Q: Did you have occasion to look at any of the doors of that vehicle at all?
# 31 Q: And you didn't notice anything on the exterior of that vehicle that you can recall presently; is that correct?
# 33 Q: Did you have occasion to look at the driver's side door down by the sill, down at the bottom of that particular vehicle?
# 35 Q: You never looked at that?
# 37 Q: Did you look -- Did you see what appeared to be any coffee-cup stains on the hood of that vehicle?
# 39 Q: You didn't see that, either?
# 41 Q: All right. So I understand, this is a fairly routine tow for you at this time; is that correct?
# 42 A: Yes, sir; it was.
# 43 Q: The only different (sic) missing (sic) from this scene from other scenes is that there was a lot of media present; is that correct?
# 44 A: That was it, yes.
# 45 Q: You were working that day -- by yourself that day, sir?
# 46 A: There was -- there was three other drivers that day. I was the only one that got dispatched to the call.
# 47 Q: When you say "three other drivers" three other drivers who responded to the call?
# 48 A: No, no, just on the shift.
# 49 Q: Working for Rheuban's that day?
# 51 Q: You responded to a call, and when you got there at Rockingham, at or about 3:30 in the afternoon, you were the only driver there; is that correct? (sic)
# 53 Q: All right. You talked to a police officer once you got to the Rockingham location, did you?
# 55 Q: And you know the name of that police officer?
# 56 A: I can't remember his name, no.
# 57 Q: Was this police officer in civilian clothes, or was he in uniform?
# 58 A: He was in civilian, the one who instructed me where to take the Bronco was.
# 60 A: In civilian clothes.
# 61 Q: You don't know his name?
# 62 A: No. No, sir, I don't.
# 63 Q: All right. At any rate, you then proceeded, as I understand your testimony, to hook this vehicle up and then to transport it downtown; is that correct?
# 65 Q: And it was your understanding that you were going to meet a detective somewhere in or about the print shed?
# 69 Q: And then you described for us that it took you perhaps an hour or more to drive easterly, downtown to Parker Center to the print shed; is that correct?
# 71 Q: Where is the print shed located, sir, downtown here in LA?
# 72 A: Directly behind Parker Center, on San Pedro Street.
# 73 Q: All right. You went to that location, and did you see any detective when you first went there?
# 75 Q: All right. So how long did you wait at that location?
# 76 A: Approximately ten minutes. Ten, fifteen minutes.
# 77 Q: All right. And what time was that by now?
# 78 A: I would say about 3:30, 3:40, somewhere around that time. Let's see. No, no. That's about 4:30, 4:40 around that time, about an hour after I left Rockingham.
# 79 Q: All right. So 4:30, 4:40?
# 81 Q: All right. Did you talk to anybody at the print shed when you first got there?
# 82 A: There was nobody there.
# 83 Q: All right. Nobody. It was like locked?
# 85 Q: All right, sir. So you waited about ten minutes. And then thereafter, as I understand your testimony, you drove around to Parker Center; is that correct?
# 86 A: That's correct, to the front of Parker Center.
# 87 Q: And you were by yourself at that point, so when you went in to try to locate the detective, you left the vehicle on the street; is that correct?
# 89 Q: And so how long were you away from that vehicle when you left it?
# 90 A: Approximately three minutes, just to go inside.
# 91 Q: All right. Now, what street did you park the vehicle on, sir?
# 93 Q: On Los Angeles Street?
# 95 Q: And is that in front of Parker Center?
# 97 Q: Out on the street. So you would be heading northbound on Los Angeles?
# 98 A: I thought it was eastbound.
# 99 Q: Well, you're on Los Angeles Street, right?
# 100 A: Yeah. I was directly in front of Parker Center, in front of the doors. So I thought it was eastbound, maybe.
# 101 Q: All right. You headed toward Union Station, did you?
# 103 Q: Towards Olvera Street?
# 105 Q: So let's call that north, now.
# 107 Q: All right. And you parked the car -- parked your vehicle there and your vehicle; is that correct?
# 109 Q: And you left it and then you went inside Parker Center, in the front doors of Parker Center?
# 111 Q: When you left the vehicle to go inside, the media was outside, also?
# 113 Q: Can you approximate for the Court and jury how many members of the media were there, sir?
# 114 A: It was a group. I couldn't -- maybe 10, 15 more.
# 115 Q: A group, like a pack of media?
# 116 A: Yeah. They're all hanging out on the lawn.
# 117 Q: A Pack? How about a swarm, a swarm of media, Your Honor? So how many would -- how many would --
KEY QUOTE # 118 A: I would say probably about ten, maybe more.
# 119 Q: All right. So ten -- about ten different cameras and that sort of thing?
# 121 Q: And how far away were they from you at the time that you went inside when you left the vehicle to go inside Parker Center?
# 122 A: It was about 15 yards.
# 123 Q: Fifteen yards away?
# 125 Q: And then -- you then left the vehicle and went inside is; is that correct?
# 127 Q: And you went inside to try to find a detective; is that correct?
# 128 A: I went inside and I asked the desk sergeant there, the person in charge, I had a Bronco with me from 360 Rockingham. He called upstairs and told me that a detective was on his way down.
# 129 Q: All right. And then that's kind of at the front desk when you walk inside Parker Center; it's at the front desk there inside?
# 131 Q: And during this time while you were inside, there was nobody outside with the Bronco at this point; is that correct?
# 133 Q: All right. So your best recollection is, you stayed inside for -- how long did you -- strike that. Did you wait for the detective inside?
# 134 A: No, sir, I didn't.
# 135 Q: All right. After you talked with this desk sergeant and you were told that a detective would be coming down, did you go back outside then?
# 136 A: That's correct; I did.
# 137 Q: All right. And then you walked back outside to the vehicle?
# 139 Q: All right. And I presume it was still parked at the same place; is that right?
# 141 Q: And did you wait outside on the sidewalk at that point?
# 143 Q: When you went back outside to wait for the detective, how long did you wait before a detective came out?
# 144 A: About three minutes.
# 145 Q: All right. And --
# 146 A: Less than five minutes.
# 147 Q: Less than five minutes?
# 149 Q: During that period of time, Mr. Douroux, did you have occasion to look at exterior of the Bronco at all at that point?
# 151 Q: So up to the time that you left that particular vehicle on June 13, 1994, you never had occasion to visually inspect the exterior of that vehicle. Is that a fair statement?
# 152 A: Yeah. Just, I mean, took a quick glance, see that there was no damages, and that was it.
# 153 Q: Did you have to log on any particular form whether or not there were damages at any place on that particular --
# 154 A: It's usually marked on this when we look. We can look over the vehicle, make sure there's no damages on the vehicle. If there are, we mark them down on the impound sheet.
# 155 Q: That's called some sort of inventory, this sheet that you have before you?
# 157 Q: And in completing this particular inventory form, for instance, there are -- the form is called inventory in the middle of the particular form; is that correct? Inventory?
# 158 A: Well, right. Right here it says remarks that's where we put all the -- all the damages down.
# 159 Q: Okay. And you have a "Y" column. I presume that's for yes and an (sic) "N" column for no; is that correct?
# 161 (Counsel hands document to witness.) # 162 Q: Did you fill this form out?
# 163 A: No, sir; that was already filled out by the LAPD.
# 164 Q: It was filled out by the LAPD --
# 166 Q: -- when you got the form?
# 168 Q: Where did you get that form?
# 169 A: From the LAPD, on Rockingham.
# 170 Q: When you first arrived there?
# 172 Q: All right. So that we're clear.
MR. P. BAKER: Then he offers to approach.
If we can look at the exhibit, this would be next in order. It was criminal Exhibit 234.
# 173 MR. BAKER: Why don't you put it on the --
# 175 MR. GELBLUM: Your Honor, it's already been marked on that list as 271.
# 176 THE CLERK: 271. Thank you.
# 177 (The instrument herein referred to as LAPD investigation impound report was marked for identification as Plaintiffs' Exhibit No. 271.) # 178 THE REPORTER: Excuse me; does that mean it's not 2112?
# 179 THE CLERK: Correct; it's 271.
MR. P. BAKER: 26281, Line 11.
# 180 (The following testimony of Bernie Douroux was read into the record, with Mr. P. Baker reading the questions, and Mr. Foster reading the answers.) # 181 Q: These were filled out by someone else; is that correct?
# 183 Q: Did you fill out any portion of this form at all?
# 184 A: Just the part here, where my signature and the tow fee and the storage fee.
# 185 Q: All right. You filled out just the part where it indicates, 'Garage employee complete this section,' and where it says 'Garage employee signature?'
# 187 Q: That's your signature, and your name is Bernie Douroux?
# 188 A: Douroux, yes, sir.
# 189 Q: All right. All right. Anything else filled out?
# 191 Q: All right. And so with regard to the inventory on the vehicle you quickly looked at it; is that correct?
# 192 A: That's correct, just the exterior, just to make sure there were no damages, which there were none.
# 193 Q: You mentioned also, sir, that at some point, you had occasion to glance inside the vehicle; is that correct?
# 194 A: Yes, sir, just the front, the window, just to look to see if -- four-wheel drive vehicles sometimes are full-time four-wheel-drive vehicles, so we have to make sure they're not engaged, which I didn't see anything when I glanced, so I didn't bother looking.
# 195 Q: And where were you when you glanced inside the vehicle?
# 196 A: On the right-hand side, passenger side.
# 197 Q: All right. And more specifically, what location were you at?
# 198 A: Oh, in the front.
# 199 Q: No. What where were you, at Rockingham or --
# 200 A: Oh, yes. Yes. I'm sorry. Yes, Rockingham.
# 201 Q: So as I understand it, then you looked inside the vehicle while you were still at 360 Rockingham?
# 202 A: Yeah. We just glanced in and looked.
# 203 Q: You did this from the passenger side of the vehicle?
# 205 Q: Pardon me. And you did this from the passenger side of the vehicle; is that correct?
# 207 Q: And you don't recall seeing anything that you noted inside that particular vehicle; is that correct?
# 209 Q: All right. This would have been shortly after you arrived, about 3:30 in the afternoon?
# 211 Q: So you looked inside. All right. Now, when you went back outside, after talking to the desk sergeant, you waited for a period of time, perhaps less than five minutes, and a detective came out; is that correct?
# 213 Q: You know the name of that detective, sir?
# 214 A: No, I don't remember it.
# 215 Q: And you talked briefly with that detective? You had a conversation with that person?
# 217 Q: You talked about the weather?
# 218 A: Yeah, weather, and how -- because it was a nice, warm day. Other than that, no, no conversation.
# 219 Q: June 13 was a warm day?
# 221 Q: All right. After you had that conversation with the detective, did you then take the vehicle back over to the print shed?
# 222 A: Yes, we took it over there. He got in the truck and we went down to the print shed.
# 223 Q: So the detective rode with you?
# 225 Q: All right. You went back to the print shed. And at that time, you gained Entrance into the print shed; is that correct?
# 227 Q: And you, I presume, took the vehicle inside and parked at some location?
# 228 A: That's correct. I backed it in and parked the vehicle.
# 229 Q: About what time was it at this time, sir?
# 230 A: Oh, maybe a quarter of five, maybe almost five, by that time.
# 231 Q: Somewhere around 5 o'clock in the afternoon?
# 232 A: I believe it was before five.
# 233 Q: All right. And then -- and you then left the vehicle; is that correct?
# 235 Q: While you were there, did you ever see any -- any person get inside that vehicle at all?
# 237 Q: Did you ever get inside it?
# 239 Q: By the way, do you carry -- in the course of your work as a tow-truck driver, do you have one of these things called a slim jim?
# 241 MR. GELBLUM: Objection. Relevance, Your Honor.
# 242 THE COURT: Overruled. (READING)
# 243 Q: That is the kind of instrument that works to open vehicles; is that correct?
# 245 Q: With regard to that slim jim, you could open that vehicle real quickly, couldn't you?
# 246 MR. GELBLUM: Objection. Vague, "real quickly."
# 247 THE COURT: Overruled.
# 249 Q: In other words, you're an experienced tow-truck driver?
# 251 Q: How long would it take you to -- using your slim jim, to open a vehicle like that Bronco?
# 252 A: Couple of minutes if I had to open it.
KEY QUOTE # 253 Q: If you wanted to open it, couple of minutes?
# 255 Q: Did you see whether or not the detective who rode back over with you to Parker Center, did you see whether or not he had a slim jim with him?
# 256 A: I didn't notice one, no.
# 257 Q: And did you ever see the detective open the vehicle while you were there?
# 259 Q: And you then left the vehicle and that ended your involvement with the vehicle on that day; is that correct?
# 261 Q: With regard to the form that's before you, again, Defense 271 -- Exhibit 271. You were asked whether or not there was any indication on the form of whether or not this vehicle was locked and you indicated there's no -- there was no indication one way or the other; is that correct?
# 262 A: That's correct. I really didn't even notice the part of -- up there.
# 263 Q: So look at it now for me, will you?
# 264 A: Yes. I'm looking at it.
# 265 Q: And the area called stolen, lost or embezzled, there's an indication, the right part of that lock that -- or whether or not the ignition was locked, right?
# 266 MR. GELBLUM: Objection. Relevance, Your Honor. This call is not stolen lock or embezzled.
# 267 THE COURT: Sustained.
MR. P. BAKER:
# 269 Q: There's an indication whether the doors are locked. There's nothing indicated, right?
# 270 MR. GELBLUM: Same objection.
# 271 THE COURT: Sustained.
MR. P. BAKER:
# 273 Q: You then left the print shed and it was about 5 o'clock or so that afternoon?
# 274 A: About 5 o'clock, yes, sir.
# 275 Q: And what time did you check out that day from your -- terminate your employment that day, if you recall?
# 277 Q: And did you pick up any other vehicles on that day before you -- on that day that you recall?
# 278 A: Before or --
And there's an objection.
# 279 THE COURT: Sustained.
# 281 A: Before -- a few cars before.
MR. P. BAKER: 26289, line seven.
(READING) Did you write any other notes with regard to any of your observations on that -- on that particular day other than your signature on exhibit 271 for identification?
# 282 A: No, sir that's it. Just that --
# 285 Q: And with regard to your observations or lack thereof of things either outside the Bronco or inside the Bronco that you saw? Did you write those down anywhere at all?
# 287 Q: And you never saw anything inside the interior of that vehicle; is that correct?
# 289 Q: Never saw any blood inside that vehicle?
# 291 Q: Never saw any blood on the outside of that vehicle?
# 293 Q: Did you see anything in the rear of the vehicle at all that you recall?
# 294 A: No, sir.
MR. P. BAKER: Nothing further.
# 295 MR. GELBLUM: I have nothing, Your Honor.