Direct examination of Robert Riske (part 2)

📄 Direct examination of Robert Riske (part 2) — Monday, October 28, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\28\DIRECT-EXAMINATION-OF-ROBERT-R.DOC

TRIAL

▲ Day 4 of 57

◀ Scheduling discussion Redirect examination of Robert Riske ▶

Witness: Off. Robert Riske
Examiner: John Kelly
Called by: Plaintiff • Date: Monday, October 28, 1996 • Utterances: 158

Officer Riske describes his actions at the Bundy crime scene on the night of June 12-13, 1994 — walking through the property with Detectives Phillips and Fuhrman, illuminating evidence with his flashlight, maintaining perimeter security, and writing contemporaneous notes. He also testifies that around 7:15 a.m. he observed Fuhrman pointing at the glove and hat for an SID photographer, placing Fuhrman at the scene with that evidence hours after the initial walkthrough.

# 1 (The following proceedings were held in open court in the presence of the jury:)

# 2 MR. KELLY:

Can I proceed, Your Honor?

# 3 (Nods in the affirmative.)

# 4 Q:

(BY MR. KELLY) Officer, before the break you had indicated that you had entered the rear of 875 south Bundy with Detective Phillips and Fuhrman?

# 5 A:

Right.

# 6 Q:

And did anybody else accompany you at that time?

# 7 A:

No.

# 8 Q:

And what did you do upon entering the premise?

# 9 A:

We did a quick walk through of the house and we went out on the front landing.

# 10 Q:

When you arrived the at the front landing what, if anything, did you do at that time?

# 11 A:

I illuminated the area of the bodies with my flash light, showed him the bodies and the evidence, the foot steps leading westbound on the walkway.

# 12 Q:

Other than the foot steps, what other evidence did you illuminate and point out to them?

# 13 A:

The drop of blood before the front door and the drop of blood westbound.

# 14 Q:

Did you illuminate the front area also where the bodies were?

# 15 A:

Yes.

# 16 Q:

And did you illuminate any of the evidence in that area?

# 17 A:

Yes, I did.

# 18 Q:

And what evidence was that?

# 19 A:

The two bodies, the envelope, the glove and the hat.

KEY QUOTE

# 20 Q:

Did you observe any other items at this time in the vicinity?

# 21 A:

No.

# 22 Q:

After that, what happened? What did you do next, if anything?

# 23 A:

I -- we noted that Detective Phillips and

Detective Fuhrman both, Detective Spangler had arrived. We all three went back in the house.

# 24 Q:

Through the front door?

# 25 A:

Right. Detective Fuhrman and I stayed in the house. Detective Phillips went out and Detective Spangler through the rear.

# 26 Q:

You say you and Detective Fuhrman stayed in the house. What area of the house did you stay; and Phillips and Spangler?

# 27 A:

In the kitchen.

# 28 Q:

Were the lights on in the kitchen at this time?

# 29 A:

Yes.

# 30 Q:

By the way, what was Detective Fuhrman wearing that night when you were in the kitchen with him? Do you recall what clothing he had on?

# 31 A:

He had a light colored, like a white shirt and like khaki pants.

KEY QUOTE

# 32 Q:

Did he have any jacket on?

# 33 A:

No.

# 34 Q:

Sports coat?

# 35 A:

No.

# 36 Q:

What happened next when you were in the kitchen with Detective Fuhrman then?

# 37 A:

We just stayed in there until Detective Phillips and Lieutenant Spangler came in, then I went out to the rear alley with my partner.

# 38 Q:

And what did you do next after you were out there with your partner?

# 39 A:

Just maintained the perimeter security.

# 40 Q:

And did anybody else arrive out back at any particular time while you were on guard at the rear location and securing the area?

# 41 A:

Later I saw a photographer and then Vannatter arrived later.

# 42 Q:

Let's take them one at a time. First of all, when the photographer arrived at the rear, there was an LAPD photographer at time?

# 43 A:

Yes, he worked S.I.D.

# 44 Q:

What does S.I.D. stand for?

# 45 A:

Scientific investigation division.

# 46 Q:

And what, if anything, did you say to him when you arrived?

# 47 A:

I pointed out evidence, told him not to step in it or step on it.

# 48 Q:

And what evidence did you point out to him?

# 49 A:

The blood drop on the driveway. I believe there was some change and that's about it.

# 50 Q:

Okay. Other than that evidence, did you point anything else out to him?

# 51 A:

No. I told him about the ice cream in the house, just to be careful, not to knock it over if he went in.

KEY QUOTE

# 52 Q:

Other than that, anything else?

# 53 A:

No.

# 54 Q:

Was it your duty to work with the photographer or point out evidence for him to photograph in any way?

# 55 A:

No, I just did it so he wouldn't disturb any evidence.

# 56 Q:

Now, after that, you indicated that this was a time that Detectives Lange and Vannatter arrived also?

# 57 A:

Right.

# 58 Q:

And first of all, what was their position in law enforcement at this time?

# 59 A:

They're in robbery homicide. I was told they were going to take over the scene.

# 60 Q:

And where were you when they first arrived?

# 61 A:

In the rear alley.

# 62 Q:

Did you have any conversation with them at this time?

# 63 A:

No.

# 64 Q:

Okay. Did you point anything out to them at this time?

# 65 A:

No.

# 66 Q:

Was anybody accompanying them? Was anybody with the two of them at this time when you saw them in the rear?

# 67 A:

I believe Detective Phillips.

# 68 Q:

And did there ever come a time, in the rear, that you had a conversation with either one of those Detectives?

# 69 A:

I can't remember if it was Lange or Vannatter. I think it was Lange told my partner I had to write out a brief statement.

# 70 Q:

In terms of your observations that morning?

# 71 A:

Right.

# 72 Q:

And did you write out the narrative of your observations?

# 73 A:

Yes.

# 74 Q:

And in writing that out, is that something you would do in the ordinary course of business?

# 75 A:

Right.

# 76 Q:

Is that part of your official police duties?

# 77 A:

Yes.

# 78 Q:

And when you wrote them out that morning, was it more or less contemporaneous with the observations that you made that morning also?

# 79 A:

Yes.

# 80 MR. KELLY:

Your Honor, at this time, I'd like to, first of all, ask the witness if he recognizes these.

# 81 (Witness reviews document.)

# 82 OFF. ROBERT RISKE:

Yes, I do.

# 83 MR. KELLY:

This is exhibit number 883.

# 84 MR. BLASIER:

May I look at that?

# 85 OFF. ROBERT RISKE:

833.

# 86 MR. KELLY:

833, I'm sorry.

(The instrument herein described was marked

for identification as Defendant's

Exhibit No. 833.)

# 87 MR. KELLY:

Any objection?

# 88 MR. BLASIER:

No.

# 89 MR. KELLY:

Okay.

# 90 Q:

(BY MR. KELLY) Are those the notes you made that morning for Detective Lange?

# 91 A:

Yes.

# 92 MR. KELLY:

It's my understanding that defense has stipulated as to their admission into evidence.

# 93 MR. BLASIER:

That's correct.

(The instrument herein described was.

received in evidence as Defendant's Exhibit

No. 833.)

# 94 Q:

(BY MR. KELLY) In those notes, Officer, is it correct you put all your observations down in there at that time?

# 95 A:

Just basically what we did when we arrived and anything that was really out of the ordinary.

# 96 Q:

Okay. And you'd included the blood on the back gate; is that correct?

# 97 A:

Yes.

# 98 Q:

Now, did there come a time that you returned to the property of 875 south Bundy?

# 99 A:

Yes.

# 100 Q:

And do you recall approximately what time that was?

# 101 A:

It was possibly 5:30, 5:20.

# 102 Q:

And who, if anybody, did you meet with or confirm with at this time?

# 103 A:

Detective Phillips and Fuhrman.

# 104 Q:

Okay. Anybody else?

# 105 A:

No.

# 106 Q:

And after you met with them, what, if anything, happened next?

# 107 A:

Detective Phillips gave me a phone and asked me for directions to Rockingham and told me to call me if he needed anything.

# 108 Q:

And did they then leave 875 south Bundy?

# 109 A:

I would assume.

# 110 Q:

Okay. Did you even see them leave?

# 111 A:

No.

# 112 Q:

What did you do after you were given that cellular phone?

# 113 A:

Put it in my car and stood around the front of the location?

# 114 Q:

And where was your car located at this time.

# 115 A:

Directly in front of the walkway. Directly in front of 875 south Bundy.

# 116 Q:

You had moved your black and white from the rear of 875 to the front?

# 117 A:

Right.

# 118 Q:

Of 875. Now, after Detective Phillips and Fuhrman left at 5:30, did you have occasion to see them again?

# 119 A:

Little later. Possibly an hour later.

# 120 Q:

Okay. And under what circumstances did you happen to see them?

# 121 A:

I saw Detective Fuhrman and the photographer approaching the crime scene and then Detective Fuhrman was pointing to the evidence and the photographer took a picture.

KEY QUOTE

# 122 Q:

Do you recall what evidence Detective Fuhrman was pointing at?

# 123 A:

The believe and the hat.

# 124 Q:

Okay. If I could see number 92, Steve. Now, do you recognize that photograph?

# 125 A:

Yes.

# 126 Q:

Okay. Is that the photograph you just referenced Detective Fuhrman pointing at the glove and the hat that morning?

# 127 A:

Yes, it is.

# 128 Q:

And you actually observed the photographer take that photograph at that time?

# 129 A:

Yes, I did.

# 130 Q:

Okay. And you can remove that now, sir.

And can you just flip number 40 up there?

# 131 (Steve displays 40.)

# 132 A:

Yes.

# 133 Q:

Is that the glove and the hat as they appear that morning when you first arrive at 12:13 on June 13?

# 134 A:

Yes.

# 135 Q:

And Steve, could you put the number 92 back up again?

# 136 (Steve complies.)

# 137 Q:

Are you able to see what type of shoes Detective Fuhrman has on in that photograph? You can get up, Officer, and look over there?

# 138 A:

They appear to be dress shoes. I don't know.

# 139 Q:

Don't know whether they're loafers or --

# 140 A:

No.

# 141 Q:

You can remove that photo.

# 142 (Steve complies.)

# 143 A:

Yes.

# 144 Q:

Approximately what time was that?

# 145 A:

7:15.

# 146 Q:

And how long prior to you being relieved of your post did you observed those photographs being taken from what Detective Fuhrman pointed to the evidence?

# 147 A:

Possibly 40 minutes, 45 minutes.

# 148 Q:

So was it starting to get light out at that time?

# 149 A:

Yeah, it was dawn.

# 150 Q:

And one of the one other things: Did you have any contact with Detective Phillips around the same time that those photographs were being taken?

# 151 A:

Yes, I did.

# 152 Q:

And what was that?

# 153 A:

I saw him on the east side of the street talking to some other people and I took him his phone back.

# 154 Q:

Was that before or after you observed those photographs being taken?

# 155 A:

It was just after.

# 156 Q:

And when you were relieved at 7:15 that morning, was that your last involvement in terms of the any preservation or investigation of this particular homicide?

# 157 A:

Yes.

# 158 MR. KELLY:

I have no further questions.

CROSS-EXAMINATION BY MR. BLASIER:

Temperature

procedural

Key Quotes (4)

Witness

The two bodies, the envelope, the glove and the hat.

Establishes what evidence was present and visible at the front landing when Riske first illuminated the scene for the detectives.

Witness

He had a light colored, like a white shirt and like khaki pants.

Kelly elicits Fuhrman's clothing — no jacket — which matters for later arguments about whether Fuhrman could have concealed or planted the Rockingham glove.

Witness

I saw Detective Fuhrman and the photographer approaching the crime scene and then Detective Fuhrman was pointing to the evidence and the photographer took a picture.

Places Fuhrman back at Bundy at 7:15 a.m. pointing at the glove and hat, captured in photo 92 — a key evidentiary moment for the plaintiffs.

Witness

I told him about the ice cream in the house, just to be careful, not to knock it over if he went in.

Reference to the melting ice cream establishes the mundane, careful nature of Riske's scene preservation efforts.

Evidence (5)

Defendant's Exhibit 833

Riske's contemporaneous written notes from the morning of June 13, including observations of the blood on the back gate

introduced and admitted into evidence by stipulation

Photo 92

Photograph showing Detective Fuhrman pointing at the glove and hat at approximately 7:15 a.m.

displayed and identified by Riske as depicting what he personally observed

Photo 40

Photograph of the glove and hat as they appeared when Riske first arrived at 12:13 a.m. on June 13

displayed for identification and comparison

Informal

Blood drop at the front door and westbound blood drops on the walkway

discussed as evidence Riske pointed out with his flashlight

Informal

Blood drop and change on the driveway

pointed out to SID photographer to avoid contamination

Notable Exchanges (2)

John Kelly•Witness

Kelly methodically establishes that Fuhrman had no jacket at the crime scene — asking about jacket and sports coat separately and getting 'no' to both — before pivoting to Fuhrman's return at 7:15 a.m.

strategic

John Kelly•Witness

Riske identifies photo 92 as depicting Fuhrman pointing at the glove and hat for the photographer, confirming he personally witnessed Fuhrman at the scene with that evidence at dawn.

revealing

Light Moments (1)

Witness

Riske mentions warning the SID photographer about the melting ice cream in the house so he wouldn't knock it over.

Objections

None recorded

Proceeding 8032 • 158 utterances • Plaintiff witness

Civil Trial

Department 103