Sidebar: scope of cross-examination

📄 Sidebar: scope of cross-examination — Monday, October 28, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\28\SIDEBAR-SCOPE-OF-CROSS-EXAMINA.DOC

TRIAL

▲ Day 4 of 57

◀ Cross-examination of David Rossi (part 2) Redirect examination of David Rossi (part 3) ▶

Date: Monday, October 28, 1996 • Utterances: 7

Defense attorney Robert Baker argues he should be allowed to cross-examine witnesses about Mark Fuhrman's whereabouts during the investigation, specifically whether Fuhrman had access to Nicole's condominium where a glove could have been staged. Judge Fujisaki sustains the prosecution's objection, finding no evidence that any glove was planted inside the condominium or that Fuhrman was even there.

# 1 (The following proceedings were held at the bench, with the reporter.)

# 2 MR. BAKER:

One of the assertions is that Fuhrman was within the custody of police officers that whole time, didn't have the opportunity to plant the glove. And I think we've got to be given latitude to examine these people about where Fuhrman was and where he wasn't.

# 3 THE COURT:

There is no testimony or evidence that any glove was planted inside the condominium. There is no testimony or anything to indicate he was in the condominium. Nothing was in the condominium.

KEY QUOTE

# 4 MR. BAKER:

Judge, your ruling precludes me from showing that they went into the condominium.

KEY QUOTE

# 5 THE COURT:

Was there any evidence that there was blood in there?

# 6 MR. BAKER:

I don't have any evidence that there was blood or wasn't blood. All I know is, they went into that condominium and they set it up as a command center. And we have testimony that Fuhrman was in there and doing his notes. And we have that Fuhrman didn't come out, and we have that Spangler went in there.

Now, I think the fact that the glove could have been in there -- I don't know where the glove was when it was purportedly found at my client's house and there was the drop of blood around it -- there was a drop of blood. And the area, there wasn't a drop of blood any place, that no -- that glove could have been in that house and picked up and taken from there. And I should be given some latitude to find out where he was and where he wasn't.

# 7 THE COURT:

I'm going to sustain the objection.

Temperature

tense

Key Quotes (3)

Robert Baker

I don't know where the glove was when it was purportedly found at my client's house and there was the drop of blood around it -- there was a drop of blood. And the area, there wasn't a drop of blood any place, that no -- that glove could have been in that house and picked up and taken from there.

Baker lays out the defense's glove-planting theory, arguing the Bundy glove could have originated inside Nicole's condo

Hiroshi Fujisaki

There is no testimony or evidence that any glove was planted inside the condominium. There is no testimony or anything to indicate he was in the condominium. Nothing was in the condominium.

Fujisaki firmly shuts down the evidentiary basis for Baker's line of questioning

Robert Baker

Judge, your ruling precludes me from showing that they went into the condominium.

Baker signals a prior ruling is constraining the defense's ability to develop the Fuhrman-in-the-condo narrative

Evidence (3)

Informal

Glove purportedly found at OJ Simpson's Rockingham property

discussed — Baker questions its chain of custody and origin

Informal

Single drop of blood near the glove at Rockingham

discussed as suspicious — Baker notes absence of blood elsewhere in the area

Informal

Nicole Brown's condominium used as a police command center

discussed — Baker asserts Fuhrman and Spangler were inside

Notable Exchanges (1)

Robert Baker•Hiroshi Fujisaki

Baker argues Fuhrman's access to the Bundy condo is relevant to a planting theory; Fujisaki cuts him off by pointing to the lack of any evidentiary foundation and sustains the objection

strategic/frustrated

Credibility Attacks (1)

⚔ Mark Fuhrman

circumstantial — access and opportunity

Baker attempts to establish Fuhrman had unsupervised access to Nicole's condo, laying groundwork for a glove-planting argument

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8044 • 7 utterances

Civil Trial

Department 103