Cross-examination of David Rossi (part 1)

📄 Cross-examination of David Rossi (part 1) — Monday, October 28, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\28\CROSS-EXAMINATION-OF-DAVID-ROS.DOC

TRIAL

▲ Day 4 of 57

◀ Direct examination of David Rossi Sidebar: witness relevance and credibility ▶

Witness: Sgt. David Rossi
Examiner: Edward Medvene
Called by: Defense • Date: Monday, October 28, 1996 • Utterances: 349

Robert Baker cross-examines LAPD Sergeant David Rossi about the chain of notifications made after the murders were discovered and, critically, the delay in transferring the case to Robbery Homicide Division (RHD). Baker establishes that Rossi received instructions from Deputy Chief Frankel at 1:15am to transfer the case to RHD if the victim was confirmed to be Nicole Brown Simpson, yet allowed Detectives Fuhrman and Phillips to tour the entire crime scene — including entering the interior of Nicole's condominium — before relaying that order at approximately 2:10-2:30am. Baker also challenges Rossi's recollection of which blood spots on the back gate he actually saw the night of June 13, using a photo Rossi initialed and raising questions about whether the gate photo shown was taken weeks after the murders.

# 1 THE COURT:

Cross.

# 2 MR. MEDVENE:

Court please, we'd move in 2058.

# 3 THE COURT:

Received.

(The instrument herein described was received in evidence as Plaintiffs' Exhibit No. 2058).

CROSS EXAMINATION BY MR. BAKER:

# 4 Q:

Now, how long did you meet with Mr. Medvene, Officer Rossi?

# 5 A:

Approximately two hours.

# 6 Q:

And did you go through this little exercise that you'd done here today?

# 7 A:

Yes.

# 8 Q:

And you kind of worked it out so that you could get this one on this?

# 9 A:

Yes, sir.

# 10 Q:

Correct. All right. And then I went through the -- when was that, by the way, Officer Rossi?

# 11 A:

Last night.

# 12 Q:

And then you went through the photos so you could get the blood spots right on the gate?

# 13 A:

He showed me the photos, yes.

# 14 Q:

Did you want to put that one back up?

While they're getting that -- Okay. Have we got a lazer of that?

Now this photograph, did he tell you this photograph was taken on July 3, 1994, some two and a half, three weeks after the incident?

# 15 A:

No, sir.

# 16 Q:

Did he show you any photograph at all of the back gate that was taken on June 13, 1994, the date that you were there?

# 17 A:

I don't know when the photographs were taken.

# 18 Q:

Did he represent to you that that photograph right there was taken on, or implied that that photograph -- and I'm talking about Mr. Medvene, did he imply that photograph was taken the night of the murders?

# 19 A:

No.

# 20 Q:

Did you understand that to be the case?

# 21 A:

No.

# 22 Q:

Now, you believe that the blood spot is here and here, right?

# 23 A:

Yes, sir.

# 24 Q:

And -- well, never mind.

Now, I want to go back and have you just draw on a laser photograph where you believe those where. You've just told us that they were. You just circle the area that you just indicated to the jury that were blood spots on the back gate and put your initials.

# 25 A:

Put my initials?

# 26 Q:

Yes, if you'd be kind enough, sure I'd appreciate it. Thank you.

Did you see any other blood drops on the back gate that night?

# 27 A:

No, I didn't.

# 28 Q:

All right. Now, nothing on the mesh?

# 29 A:

I didn't notice anything.

# 30 Q:

Okay. I want to, if we may, sir, I want to go back to when you were watch commander. What can we label this next one? This one where he's initialed?

# 31 THE CLERK:

2100.

# 32 MR. BAKER:

2100. Thank you.

# 33 (The instrument herein described was marked for identification as Defendant's Exhibit No. 2100.)

# 34 Q:

(BY MR. BAKER) Now, were you in uniform the night of June 13, 1994?

# 35 A:

Yes, I was.

# 36 Q:

And when you were at you're -- at west Los Angeles police department that night, correct, sir?

# 37 A:

Yes, sir.

# 38 Q:

And that's on the corner of Santa Monica and Purdue, right?

# 39 A:

Santa Monica and Butler.

# 40 Q:

I'm sorry. And that is west and south of the crime location, correct?

# 41 A:

I think east and south, I would think.

# 42 Q:

East it is? Thank you. You're absolutely right. Now, when you got notification of the double homicide by Officer Riske, you talked to him on the telephone, did you not?

# 43 A:

Yes, I did.

# 44 Q:

And did you understand that he was in the house in the condominium on the phone of the residence of that condominium?

# 45 A:

I don't remember where he called from. I don't know where he called from.

# 46 Q:

Did you believe that he was on his police radio?

# 47 A:

Well, I know he wasn't on his police radio. It was a phone.

# 48 Q:

'Cause you were on a telephone?

# 49 A:

Yes.

# 50 Q:

And he told you, did he not, that OJ Simpson was somehow involved in these double homicides?

# 51 A:

No, sir. He did not.

# 52 Q:

Officer Riske never mentioned to you that O.J. Simpson was involved?

# 53 A:

No, sir.

# 54 Q:

You never heard that from him?

# 55 A:

No, sir, I didn't.

# 56 Q:

And so if he testified to that, he'd be incorrect, true?

# 57 A:

Far as I remember.

# 58 Q:

And then you say you made some notifications, right?

# 59 A:

Yes, sir.

# 60 Q:

Now, you were aware that it was believed that one of the victims was Nicole Brown Simpson before you notified anybody, true?

# 61 A:

Yes.

# 62 Q:

And you got that from your conversation with Officer Riske?

# 63 A:

That's correct.

# 64 Q:

And if, in fact, you had known that it was Nicole Brown Simpson that was the victim, you would --you would of course, notify robbery homicide right away, true?

# 65 A:

No, sir.

# 66 Q:

What you did was you notified Lieutenant Spangler, correct?

# 67 A:

Not first, but I did.

# 68 Q:

Who did you notify first?

# 69 A:

Detective Ron Phillips.

# 70 Q:

You recall testifying in the criminal trial?

# 71 A:

Yes, sir.

# 72 Q:

Go to page 14448. At page 14448, line 12 let me start at line 11. I apologize, sir. (Reading:)

"Q. Who did you notify?

"A. I made six telephonic notifications to detectives in my command staff. The first telephone call I made was to Detective Spangler who's the commanding officer of West Los Angeles police detective."

Detective, does that refresh your recollection?

# 73 A:

Yes, sir and I got an answering machine.

# 74 Q:

So the first call you made wasn't to Ron Phillips it was to Lieutenant Spangler, right?

# 75 A:

The first notification I made was to Ron Phillips.

# 76 Q:

Okay. That wasn't a notification?

# 77 A:

Not in person. It was a tape machine.

# 78 Q:

Well, none of yours -- strike that. Then you notified, after you got the tape machine, then you called Ron Phillips?

# 79 A:

I believe that's correct, yes.

# 80 Q:

The first person that you tried to get a hold of was Lieutenant Spangler, yes or no?

# 81 A:

Yes.

# 82 Q:

Now, then after you got a hold of Ron Phillips, you told him about the situation, correct?

# 83 A:

Yes, sir.

# 84 Q:

And you indicated to Detective Ron Phillips that you had what you believe was a very high profile case, correct?

# 85 A:

I believe I did, yes.

# 86 Q:

And you told him that because you believed that Nicole Brown Simpson was one of the victims, true?

# 87 A:

Yes, sir.

# 88 Q:

And you knew that then? That is when you talked to Ron Phillips. Correct?

# 89 A:

Yes, I did.

# 90 Q:

Now, then you phoned Captain Kurth, did you not?

# 91 A:

I believe that's correct, yes.

# 92 Q:

How long were you -- who's Captain Kurth?

# 93 A:

At the time he was the area commanding officer, the captain of the west L.A. area.

# 94 Q:

All right. And he was one of the higher-ups that you had to notify because this was, in fact, a high profile case, correct?

# 95 A:

He would be notified on any homicide, sir.

# 96 Q:

And you indicated to him, did you not, that one of the victims was Nicole Brown Simpson, true?

# 97 A:

I believe I did, yes.

# 98 Q:

All right. And then you next phoned assistant commanding officer of operations, west Bureau commander Bushey, correct?

# 99 A:

Yes, sir.

# 100 Q:

And after you talked to -- how long were you on the phone to him? A minute? Minute and a half. Somewhere in there?

# 101 A:

Possibly, so, yes.

# 102 Q:

And so Kurth and Bushey approximately three, four minutes, correct?

# 103 A:

Correct.

# 104 Q:

And you found Ron Phillips which when you talked to, he was in bed, true?

# 105 A:

I don't remember. More than likely.

# 106 Q:

I mean, you're talking -- we're talking after. o'clock in the morning, aren't we?

# 107 A:

It was around 1 o'clock, yes.

# 108 Q:

And the phone calls and notifications you made to Spangler, Phillips, Kurth, Bushey, Frankel and Lieutenants, I believe Coon. Ideal those were all made one call after the other?

# 109 A:

That is correct.

# 110 Q:

All right. And when you made those toes calls, you then, after you talked to commander Bushey, you talked to chief deputy Frankel, did you not?

# 111 A:

Yes, sir.

# 112 Q:

Now, deputy chief Frankel at this time indicated to you that he wanted robbery homicide Division to be involved, true.

# 113 MR. MEDVENE:

Objection. Hearsay. Outside the scope.

# 114 THE COURT:

Sustained.

# 115 MR. BAKER:

On what grounds?

# 116 THE COURT:

Hearsay.

# 117 Q:

(BY MR. BAKER) From that telephone conversation, you were aware yourself that robbery homicide division was to be called, true?

# 118 A:

No, sir.

# 119 Q:

You talked to commander -- I'm sorry you talked to deputy chief Frankel about 1:15, did you not?

# 120 A:

Yes, possibly, sir.

# 121 Q:

And Detective Frankel gave you an order at 1:15 in the morning to transfer the case downtown to robbery homicide division, true or untrue?

# 122 MR. MEDVENE:

Objection. Hearsay. Relevance.

# 123 THE COURT:

Sustained.

# 124 Q:

(BY MR. BAKER) At 1:15 in the morning, you were aware that the case was to be transferred to robbery homicide, division, yes or no?

# 125 A:

No.

# 126 Q:

You did not relay any transfer of the case from 1:15 in the morning until 2:10 in the morning to robbery homicide division; isn't that true, sir?

# 127 MR. MEDVENE:

Objection. Hearsay. Relevance.

# 128 THE COURT:

Excuse me.

# 129 THE COURT:

Overruled. You can answer yes or no.

# 130 SGT. DAVID ROSSI:

Would you please repeat the question?

# 131 MR. BAKER:

You were in receipt of an order to transfer the case?

# 132 THE COURT:

I'll sustain the objection. That wasn't the question you asked. But if that's the question you're going to ask, it would be hearsay.

# 133 Q:

(BY MR. BAKER) were aware you were required to transfer the case, that is the double homicide at 875 south Bundy from West L.A. to robbery homicide division at 1:15 in the morning, true?

# 134 A:

No, sir. But if you would like me to tell you what Frankel told me, it might clear this up.

KEY QUOTE

# 135 Q:

I've been getting objections.

# 136 THE COURT:

Don't look at me. I'm not the one objecting.

KEY QUOTE

# 137 MR. BAKER:

I'm looking at you. You're the one sustaining them.

# 138 THE COURT:

Can't help it. (Laughter.)

# 139 Q:

(BY MR. BAKER) Now, let's talk a little bit about robbery homicide division, that's division downtown at Parker center, correct?

# 140 A:

Yes.

# 141 Q:

And if robbery homicide division takes over a case, whether it be in West L.A. or Van Nuys or wherever, then, the detectives from that area and any other police officers are to stay clear of the crime scene, true?

# 142 A:

No, sir.

# 143 Q:

They're not to go into the area of the crime scene. They're not to destroy or to in any way, touch or interfere with any evidence, correct.

# 144 MR. MEDVENE:

Improper hypothetical. It's been asked and answered previous -- it's a previous question and answer.

# 145 THE COURT:

The answer was no. Sustained.

# 146 Q:

(BY MR. BAKER) Now, is it your testimony, then, that if in fact robbery homicide division was taken over, it would be perfectly all right for Detective Fuhrman and Phillips to go into the condominium, to go into the crime scene where the victims' bodies were?

# 147 MR. MEDVENE:

Objection. Argumentative. Assumes facts not in evidence. Lack of foundation.

# 148 THE COURT:

You may lay a foundation.

# 149 Q:

(BY MR. BAKER) That's okay. Now, I want to go back to robbery homicide for a moment and is it -- strike that.

When robbery homicide takes over a case, they then have authority over the crime scene?

# 150 A:

Yes, sir, that's correct.

# 151 Q:

And in this case, you received -- Strike that.

Let me just read what you testified to at the criminal trial.

# 152 MR. MEDVENE:

Objection. It's argument.

# 153 THE COURT:

Sustained.

# 154 MR. BAKER:

On what grounds?

# 155 THE COURT:

Well, you can ask him a question but you can't just read from his transcript without some basis.

# 156 Q:

(BY MR. BAKER) You were aware of an order at 1:15 in the morning that you didn't effectuate until 2:10 in the morning by transferring the jurisdiction over the Nicole Brown Simpson murder to robbery homicide division, correct?

# 157 MR. MEDVENE:

Objection.

# 158 SGT. DAVID ROSSI:

That wasn't the order that I received.

# 159 MR. MEDVENE:

Objection. Assumes facts not in evidence.

# 160 THE COURT:

You may answer yes or no.

# 161 MR. BAKER:

You want to answer the question?

# 162 SGT. DAVID ROSSI:

Would you ask it again, please, because --

# 163 MR. BAKER:

May the reporter read it, Your Honor?

# 164 (The question was read as follows:)

# 165 THE COURT:

I'm going to sustain the objection as compound. You may ask that in two pieces.

# 166 Q:

(BY MR. BAKER) Did you tell Detective Ron Phillips that the case was going to be transferred to robbery homicide division at any time before walkway 2:10 in the morning of the 13th?

# 167 A:

Yes, I did.

# 168 Q:

And as I understand it, Detective Rossi, at that time, what time did you tell Detective Ron Phillips that RHD was going to take over the case?

# 169 A:

After he had responded to the scene. So it was probably around 2:30.

# 170 Q:

Okay. Now, you said after robbery homicide responded to the scene or after he had responded?

# 171 A:

After he had responded to the scene.

# 172 Q:

Okay. Now, at 1:15 in the morning is when you had the conversation with Deputy Chief Frankel, right?

# 173 A:

At approximately 1:15, yes.

# 174 Q:

And you then left west Los Angeles police station at 1:20?

# 175 A:

Possibly around 1:15, 1:20, yes.

# 176 Q:

So after you talked to Lieutenant Constance Dial, you left the police station?

# 177 A:

Captain Dial.

# 178 Q:

I'm sorry, Captain, I apologize.

# 179 A:

Yes, that's correct.

# 180 Q:

And you drove directly to 875 south Bundy?

# 181 A:

Yes.

# 182 Q:

And when you got to 875 south Bundy, you took the tour of the crime scene that you told us about, true?

# 183 A:

Yes, sir.

# 184 Q:

And then you went out front. You went back from the back of the -- Strike that. Did you ever see -- did you ever see officer Terrazas?

# 185 A:

Yes, sir, at the rear location.

# 186 Q:

Did you talk to him?

# 187 A:

I don't remember if I did or not.

# 188 Q:

But you saw him there?

# 189 A:

Yes.

# 190 Q:

And did he see you?

# 191 A:

I'm sure he did.

# 192 Q:

And there was Officer Coon, Sergeant Coon and Officer Riske, correct?

# 193 A:

Yes, sir.

# 194 Q:

The three of you and Terrazas were all there in the back and opened the gate, right?

# 195 A:

No. The gate was open by Officer Riske and he and I walked down the pathway a few feet.

# 196 Q:

Which way did he open the gate?

# 197 A:

As I recall, he opened it out.

# 198 Q:

Towards himself?

# 199 A:

That's what I remember, yeah.

# 200 Q:

When I -- when you walk up there to the gate, was the gate in a closed position that required him to open it and pull it towards him?

# 201 A:

I don't remember.

# 202 Q:

You have no recollection?

# 203 A:

I don't remember what position the gate was in.

# 204 Q:

You don't know if it was open, closed? You do remember that he pulled it towards him?

# 205 A:

That's possible. I'm not sure.

# 206 Q:

Do you have a recollection? I don't want to put words in your mouth. You said that if you have a recollection, state it. If not, state that.

# 207 A:

I don't have a recollection.

# 208 Q:

All right. Then you walked down the walkway on the north side of the condominium, correct?

# 209 A:

That's correct.

# 210 Q:

Came back the same way you entered, true?

# 211 A:

True.

# 212 Q:

To the alley portion of the property, correct?

# 213 A:

Yes.

# 214 Q:

And then did you stay there and talk to anybody?

# 215 A:

Not that remember.

# 216 Q:

Exited from there and went directly back down to Dorothy and around to Bundy in front of 875?

# 217 A:

Yes. Yes, sir.

# 218 Q:

And how long were you there before you talked to anybody else?

# 219 A:

I waited for detectives.

# 220 Q:

You waited for detectives. That would be Phillips and Fuhrman?

# 221 A:

Yes, sir.

# 222 Q:

Now, Phillips and Fuhrman arrived approximately when?

# 223 A:

I don't remember exactly. Possibly somewhere between 2 o'clock and 2:30.

# 224 Q:

And then you did the same thing with them. Took them up to the area where the victim's bodies were and then walked around to the back portion?

# 225 A:

Yes, sir. Same thing.

# 226 Q:

Now, to your knowledge, had anybody come out of the housing through the house and come out the back way?

# 227 A:

I'm not sure what you mean, sir.

# 228 Q:

Fair enough. To your knowledge, had anybody come out the back of the condominium into the alleyway from inside the property?

# 229 A:

No.

# 230 Q:

Garage door was down?

# 231 A:

Open.

# 232 Q:

Was it your understanding the garage door was open when the crime scene was discovered?

# 233 A:

I didn't know.

# 234 Q:

Now, after you did that with detective Fuhrman, you hadn't received -- and Phillips -- strike that.

You hadn't received, all the time you were at the crime scene, you hadn't received any communications from anybody, did you? From the outside? From robbery, homicide, from deputy chief Frankel, from commander Bushey; you hadn't received any communications, had you?

# 235 A:

Yes, I did.

# 236 Q:

When did you receive communication?

# 237 A:

After I went from the rear to the front and while I was waiting for the detectives.

# 238 Q:

When you were waiting for the detectives, you received a call from whom?

# 239 A:

Captain Dial arrived and she had a cellular phone and we received a call from Commander Bushey.

# 240 Q:

Now, did you receive any communications from deputy chief Frankel while you were on the location?

# 241 A:

No, sir.

# 242 Q:

All right. Now, you made this tour with Detectives Fuhrman and Phillips after they arrived did you not?

# 243 A:

That's correct.

# 244 Q:

And after they had arrived, you had taken them and seen the victim's bodies then he walked around the back and gone all through the house, true?

# 245 MR. MEDVENE:

Objection, Your Honor. Beyond the scope the whole area.

# 246 THE COURT:

Overruled.

# 247 SGT. DAVID ROSSI:

Would you say -- I don't understand what your saying, all through the house. Are you saying both of the men are at the house?

# 248 Q:

(BY MR. BAKER) Both of them enter the house.

# 249 Q:

I'm saying both of them entered the house and they were gone from your view for 10 minutes, 15 minutes?

# 250 A:

Ron Phillips didn't even enter the house but Mark Fuhrman did.

# 251 Q:

Anybody go with Mark Fuhrman?

# 252 A:

I don't remember, possibly Lieutenant Spangler. I don't remember.

# 253 Q:

As you sit here now, you have no recollection of anybody going in the property; that is in the back door, through the garage, in the back door in the living portion of the house with mark Fuhrman? He weren't by himself as far as you recall?

# 254 A:

Seems like he went with somebody else but I don't remember who.

# 255 Q:

You don't have a recollection of who this somebody else is, right?

# 256 A:

Not exactly, no.

# 257 Q:

And when Mark Fuhrman was in the house for ten or -- ten or 15 minutes, he came out. Is that when you told him that both Phillips and Fuhrman were off the case and RHD was taking over?

# 258 A:

I never told anyone that, sir.

# 259 Q:

Let me read from your testimony, 14479, starting at line 19.

# 260 MR. PETROCELLI:

Ron, one second. Okay.

# 261 Q:

(BY MR. BAKER) (Reading:)

"Q. Now, after Detective Phillips and Fuhrman and Officer Riske all came out of the condominium through the garage, what happened next?

"A. At that point, that is when I had a conversation with Detective Phillips. I told him I had spoken to chief -- to Deputy Chief Frankel. Chief Frankel informed me that if it was -- it was determined that the victim was, in fact, Nicole Brown. Simpson, he wanted Detective Phillips to notify Robbery-Homicide."

Correct?

# 262 A:

That's correct.

# 263 Q:

And you knew that the victim was Nicole Brown Simpson from 12:30 in the morning, correct?

# 264 A:

No, I did not.

# 265 Q:

And you didn't testify to that here this afternoon that you knew from 12:30 in the morning after you had been notified that it was Nicole Brown Simpson who us what the victim, you didn't testify to that this afternoon; is that right, sir?

# 266 A:

No, I didn't.

# 267 Q:

There. Okay. Now, then, at that point, Phillips and Fuhrman were off the case, correct?

# 268 MR. MEDVENE:

Objection, Your Honor. Vague, ambiguous, "off the case."

# 269 THE COURT:

Sustained.

# 270 Q:

(BY MR. BAKER) After the phone call by Phillips to RHD they had no more authority over the case, true?

# 271 MR. MEDVENE:

Objection. Assumes a fact not in evidence; lack of foundation; vague and ambiguous.

# 272 THE COURT:

Lay a foundation.

# 273 Q:

(BY MR. BAKER) Was it your understanding that after the phone call was made, that they had -- that is, Fuhrman and Phillips, had no more authority over the crime scene?

# 274 A:

That is not my understanding.

# 275 Q:

They still had authority over the crime scene, as far as you were concerned?

# 276 A:

Yes.

# 277 Q:

All right. Now, you had knowledge of the chief's order to have them call robbery/homicide long before you told them to call robbery/homicide, true?

# 278 A:

Yes.

# 279 Q:

And the chief gave you an order at 1:15 in the morning, and you forgot the chief's order until after Mark Fuhrman and Ron Phillips had toured the entire crime scene and come out of the interior of the condominium, correct?

KEY QUOTE

# 280 MR. MEDVENE:

Objection. Argumentative.

# 281 THE COURT:

Sustained.

# 282 MR. BAKER:

Page 14567, line 19 --

# 283 MR. PETROCELLI:

Can you give us that again?

# 284 MR. BAKER:

Sure. 14567, lines 19 through 22.

# 285 MR. PETROCELLI:

One second.

# 286 MR. BAKER:

(Reading from transcript.)

"Q. Did she give" --

# 287 MR. MEDVENE:

Excuse me, Mr. Baker.

I don't think it's proper to read this testimony, Your Honor. The witness has answered the question and you have sustained our objection.

# 288 THE COURT:

I don't think there's a question pending.

# 289 MR. MEDVENE:

I think Mr. Baker is going to purport to read testimony that the witness has given.

# 290 MR. BAKER:

All right. Let's start back and see if we can get it.

# 291 Q:

(BY MR. BAKER) The order to have Phillips call robbery/homicide division was an order that you were given at 1:15 in the morning, correct?

# 292 A:

What Chief Frankel told me, sir.

# 293 Q:

Can you answer my question yes or no?

# 294 A:

That is not correct, no.

# 295 Q:

And the chief didn't give you an order to have Phillips call robbery/homicide, right?

# 296 A:

Gave me some instructions.

# 297 Q:

And those instructions indicated to you that this case was to be transferred to RHD; true or untrue?

# 298 A:

True, if it was confirmed that the victim was Nicole Simpson.

# 299 Q:

And that had been confirmed to your satisfaction before you ever left West L.A. Police Station at 1:15 in the morning, correct?

# 300 A:

No, sir, that's not correct.

# 301 Q:

All right. So when was it purportedly confirmed to you, Sergeant Rossi, that it was Nicole Brown Simpson?

# 302 A:

It was never confirmed to me, sir.

KEY QUOTE

# 303 Q:

It was never confirmed. Okay.

So regardless of whether it was confirmed to you or not, you then had Detective Phillips phone RHD at approximately 2:10 to 2:30 in the morning, right?

# 304 A:

Yes, sir.

# 305 Q:

And that was not until after they had gone through the area where the victims' bodies were located, they had then gone around and gone into and out of the living quarters of Nicole Brown Simpson, correct?

# 306 MR. MEDVENE:

Objection. Relevance, materiality, Your Honor.

# 307 THE COURT:

Overruled.

# 308 A:

Yes.

# 309 Q:

(BY MR. BAKER) And that's when you decided to relay the information that Chief Deputy Frankel had given you at 1:15 in the morning, after they'd toured the entire crime scene, true?

# 310 A:

After about ten minutes they got there, right.

# 311 Q:

And in that ten minutes -- strike that.

Could you have left a message for them at West L.A. that you were going to see whether or not it was Nicole Brown Simpson's body, and if so, RHD was going to take over the case?

You could have done that before you left couldn't you?

# 312 A:

No.

# 313 MR. MEDVENE:

Objection --

# 314 Q:

(BY MR. BAKER) In fact, you could have called back to West L.A. because you were at the crime scene at 1:25, which was 45 minutes before either Fuhrman or Phillips arrived, and tell them that RHD would take over the case. You could have done that, too, couldn't you?

# 315 A:

No, sir.

# 316 MR. MEDVENE:

Objection. Argumentative on what the witness could or couldn't have said.

# 317 THE COURT:

Sustained. Answer stricken.

# 318 Q:

(BY MR. BAKER) Now, you stayed at the crime scene until 4:10 to 4:15?

# 319 A:

Yes, sir.

# 320 Q:

And until you told Phillips to call RHD, Phillips and Fuhrman were in charge of the crime scene?

# 321 A:

Yes, sir.

# 322 Q:

And after you told them to call RHD, they were no longer in charge of the crime scene, correct?

# 323 A:

No, sir.

# 324 Q:

That's when -- well, did Fuhrman continue to "detect," if that's a word, between two -- after you told him, and the time of 4 o'clock in the morning, to your knowledge.

# 325 MR. MEDVENE:

Objection. Foundation, Your Honor.

# 326 THE COURT:

Well, I'm going to sustain this line of questioning. We already went through this, and I sustained the objection about 12 minutes ago.

# 327 Q:

(BY MR. BAKER) Now, at 5 o'clock -- strike that.

At 4:15, you went -- 4:10 to 4:15, you went back to West L.A.?

# 328 A:

Yes.

# 329 Q:

And you got a hamburger or something on the way back?

# 330 A:

Yes.

# 331 Q:

You were there about 5 o'clock?

# 332 A:

Yes, sir.

# 333 Q:

And that's when you got a call from Phillips?

# 334 A:

Yes.

# 335 Q:

And Phillips wanted the phone number of Mr. Simpson's --

# 336 A:

Yes.

# 337 Q:

-- residence?

# 338 A:

Yes, sir.

# 339 Q:

You had -- before you ever left West L.A., you had seen both of the Simpson children in the West L.A. police station?

# 340 A:

Are you saying before I left the station?

# 341 Q:

Yes.

# 342 A:

No.

# 343 Q:

You had never seen either of the Simpson children before you left?

# 344 A:

As I recall, I didn't see them until I got back. I may be mistaken.

# 345 Q:

Page 14450, line 17.

# 346 MR. MEDVENE:

Excuse me. Objection. Relevance, materiality, when he saw the children. And its also beyond the scope.

# 347 THE COURT:

Sustained.

# 348 MR. BAKER:

Your Honor, I want to be heard on that.

# 349 THE COURT:

Okay.

Temperature

tense

Key Quotes (5)

Robert Baker

And the chief gave you an order at 1:15 in the morning, and you forgot the chief's order until after Mark Fuhrman and Ron Phillips had toured the entire crime scene and come out of the interior of the condominium, correct?

Baker's central accusation: the RHD transfer order was deliberately or negligently sat on, allowing Fuhrman unfettered access to the crime scene first.

David Rossi

If you would like me to tell you what Frankel told me, it might clear this up.

Rossi attempts to volunteer the content of the Frankel conversation, but Baker is blocked by sustained hearsay objections — a structurally revealing moment showing Baker cannot get in what he wants.

Hiroshi Fujisaki

Don't look at me. I'm not the one objecting.

Fujisaki's dry quip after Baker complained about sustained objections; one of the few light moments in an otherwise tense examination.

David Rossi

Chief Frankel informed me that if it was — it was determined that the victim was, in fact, Nicole Brown Simpson, he wanted Detective Phillips to notify Robbery-Homicide.

Read from Rossi's own criminal trial testimony, this establishes that the RHD transfer was conditioned on confirmation of the victim's identity — and Baker then argues that confirmation had occurred before Rossi ever left the station.

David Rossi

It was never confirmed to me, sir.

Rossi's defense: he never received official confirmation that Nicole was the victim, which is why he didn't immediately relay the transfer order — directly contradicts Baker's timeline argument.

Evidence (4)

Plaintiffs' Exhibit 2058

Unspecified exhibit moved in at start of cross-examination

received into evidence

Defendant's Exhibit 2100

Photograph of the back gate at 875 South Bundy, initialed by Rossi to mark where he believed blood spots were located on the night of June 13, 1994

marked for identification

Informal

Photograph of the back gate taken July 3, 1994 — approximately two and a half to three weeks after the murders — shown to Rossi during prep with Medvene the night before testimony

challenged — Baker questions whether Rossi understood it was not taken on the night of the murders

Informal

Rossi's criminal trial testimony, pages 14448, 14479, and 14567

used for impeachment and prior consistent statement

Notable Exchanges (4)

Robert Baker•Hiroshi Fujisaki

After a series of sustained hearsay objections blocking Baker from getting in Frankel's instructions, Baker says 'I've been getting objections,' prompting Fujisaki to say 'Don't look at me. I'm not the one objecting.' Baker replies 'I'm looking at you. You're the one sustaining them.' Fujisaki: 'Can't help it.'

light

Robert Baker•David Rossi

Baker reads Rossi's criminal trial testimony establishing that Frankel's instructions were conditional on confirming Nicole's identity, then argues Rossi had that confirmation before leaving West LA at 1:15am. Rossi flatly denies it was ever confirmed to him.

strategic

Robert Baker•David Rossi

Baker presses Rossi on whether only Fuhrman or also Phillips entered Nicole's condominium. Rossi clarifies: 'Ron Phillips didn't even enter the house but Mark Fuhrman did.' Baker follows up on who accompanied Fuhrman; Rossi cannot remember.

revealing

Robert Baker•David Rossi

Baker challenges Rossi's prep session with Medvene the night before, suggesting they worked out the blood spot locations together using a photograph Rossi didn't know was taken weeks after the murder.

strategic

Light Moments (1)

Hiroshi Fujisaki

After Baker complained about sustained objections, Fujisaki said 'Don't look at me. I'm not the one objecting.' Baker: 'I'm looking at you. You're the one sustaining them.' Fujisaki: 'Can't help it.' — followed by laughter in the courtroom.

Credibility Attacks (3)

⚔ David Rossi

prior inconsistent statement / impeachment with criminal trial testimony

Baker reads from page 14448 of the criminal trial transcript to show Rossi first called Lieutenant Spangler (got an answering machine), not Ron Phillips — directly contradicting Rossi's direct examination claim that Phillips was his first notification.

⚔ David Rossi

prior inconsistent statement

Baker reads from page 14479 of the criminal trial to establish that Rossi himself testified Frankel's instructions were to have Phillips call RHD 'if it was determined that the victim was, in fact, Nicole Brown Simpson' — then argues Rossi knew it was Nicole well before relaying that order.

⚔ David Rossi

bias / coaching

Baker opens by establishing that Rossi met with Medvene for two hours the night before, went through the exercise he performed in court, and was shown photos of the back gate — suggesting his testimony about blood spot locations was shaped during prep.

Witness Demeanor

(Laughter) — courtroom reaction to Fujisaki's remark about sustaining objections

Objections

19 objections (14 sustained, 3 overruled)

Proceeding 8041 • 349 utterances • Defense witness

Civil Trial

Department 103