Cross-examination of David Rossi (part 2)

📄 Cross-examination of David Rossi (part 2) — Monday, October 28, 1996

Address:

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

TRIAL

▲ Day 4 of 57

◀ Sidebar: witness relevance and credibility Sidebar: scope of cross-examination ▶

Witness: Sgt. David Rossi
Examiner: Edward Medvene
Called by: Defense • Date: Monday, October 28, 1996 • Utterances: 41

Baker cross-examines Sergeant Rossi about the movements of officers at the Bundy crime scene, focusing on whether anyone — particularly Mark Fuhrman — moved the glove or envelope, and how long Fuhrman was inside the residence. Baker also attempts to question Rossi about Lieutenant Spangler's presence, but is repeatedly shut down on relevance grounds.

# 1 (The following proceedings were held in open court, in the presence of the Jury.)

# 2 Q:

(BY MR. BAKER) Is it your testimony, Sergeant Rossi that Officer Riske never told you that he had asked Sydney Simpson if O.J. Simpson was her father?

# 3 MR. MEDVENE:

Objection. Relevance, materiality.

# 4 THE COURT:

Sustained.

# 5 Q:

(BY MR. BAKER) Did you ever see Mark Fuhrman pick up a glove at the crime scene?

# 6 A:

No, sir.

# 7 Q:

Did you ever see anybody move the glove at the crime scene?

# 8 A:

No, sir.

# 9 Q:

Did you ever see anybody move the envelope at the crime scene?

# 10 A:

No.

# 11 Q:

After the notification to RHD, did you ever see Fuhrman or Phillips go back into the residence?

# 12 A:

No, I didn't.

# 13 Q:

Did Fuhrman, when you saw him go into the residence, stay in the residence or not?

# 14 A:

Did he stay in the residence?

# 15 MR. MEDVENE:

Objection. Vague; ambiguous in terms of time.

# 16 MR. BAKER:

I'll be happy to rephrase it.

# 17 Q:

(BY MR. BAKER) You made your own tour of the crime scene with Sergeant Coon and Officer Riske, you testified, correct?

# 18 A:

Yes, sir.

# 19 Q:

Then you waited until Mark Fuhrman and Ron Phillips to get the crime scene, and then you made a similar tour with them, correct?

# 20 A:

That's correct.

# 21 Q:

And you watched Mark Fuhrman go into the house?

# 22 A:

Through the garage, yes, sir.

# 23 Q:

Did you ever see him come out?

# 24 A:

I believe I did.

# 25 Q:

How long was he in there?

# 26 A:

I don't remember. Short period of time.

# 27 Q:

Ten to fifteen minutes?

# 28 A:

I don't think it was that long.

KEY QUOTE

# 29 Q:

But you saw him come out?

# 30 A:

I believe I did.

# 31 Q:

Did you see Lieutenant Spangler go into the house while you were there?

# 32 A:

No.

# 33 MR. MEDVENE:

Objection. Relevance, materiality, and the outside the scope.

# 34 THE COURT:

Sustained.

# 35 MR. BAKER:

On which ground?

# 36 THE COURT:

Both.

# 37 Q:

(BY MR. BAKER) Well, did you ever see Spangler come out of the house?

# 38 MR. MEDVENE:

Same objection.

# 39 THE COURT:

Sustained.

# 40 MR. BAKER:

Your Honor, I want to be heard again? I'm sorry.

KEY QUOTE

# 41 THE COURT:

Okay.

Temperature

procedural

Key Quotes (4)

Witness

No, sir.

Rossi denies ever seeing Fuhrman or anyone else move the glove or envelope at the crime scene — undercutting the planted-evidence theory on this witness.

Witness

I believe I did.

Rossi is uncertain whether he actually saw Fuhrman come out of the residence — hedged language that Baker could exploit.

Witness

I don't think it was that long.

Rossi disputes Baker's suggestion that Fuhrman was inside 10-15 minutes, but can't give a precise time — leaves the duration ambiguous.

Robert Baker

Your Honor, I want to be heard again? I'm sorry.

Baker pushes back after being sustained twice on the Spangler questions, signaling he believes this line of inquiry is important to his case.

Evidence (2)

Informal

The glove at the crime scene

discussed — Baker asks whether anyone moved it

Informal

The envelope at the crime scene

discussed — Baker asks whether anyone moved it

Notable Exchanges (2)

Robert Baker•Hiroshi Fujisaki

Baker twice asks about Lieutenant Spangler entering/exiting the house; both times sustained on relevance and scope. Baker then pushes back and asks to be heard, suggesting the Spangler line matters to the defense narrative.

strategic

Robert Baker•Witness

Baker tries to pin down how long Fuhrman was inside the residence. Rossi hedges — 'I believe I did' (see him come out) and 'I don't think it was that long' — giving Baker neither a clean denial nor a damaging admission.

probing

Credibility Attacks (1)

⚔ Mark Fuhrman

circumstantial — establishing opportunity

Baker establishes that Fuhrman entered the residence alone, was inside for an unknown period, and that Rossi cannot say precisely how long or confirm with certainty that he saw him exit — building an opportunity narrative for planting evidence.

Objections

5 objections (4 sustained, 0 overruled)

Proceeding 8043 • 41 utterances • Defense witness

Civil Trial

Department 103