Redirect examination of David R. Rossi

📄 Redirect examination of David R. Rossi — Tuesday, October 29, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\29\REDIRECT-EXAMINATION-OF-DAVID-.DOC

TRIAL

▲ Day 5 of 57

◀ Jury seating Re-redirect examination of David R. Rossi ▶

Witness: Sgt. David Rossi
Examiner: Robert Baker
Called by: Defense • Date: Tuesday, October 29, 1996 • Utterances: 82

Sergeant Rossi is redirected by plaintiff's counsel Medvene on his observations at the Bundy crime scene in the early morning hours of June 13, 1994. The examination focuses on Rossi's identification of fresh blood on the walkway and rear gate, and whether the blood's appearance in a photo taken weeks later differs from what he saw that night. Rossi confirms with certainty that he saw fresh blood on the rear gate's bottom rung, though he spent less than a minute there during the walk-through.

# 1 THE COURT:

Officer or Sergeant Rossi.

# 2 THE CLERK:

Please state your name again for the record.

And you are still under oath.

# 3 SGT. DAVID ROSSI:

My name is David R. Rossi.

What was the last thing you asked me?

# 4 THE CLERK:

I repeated you're still under oath.

# 5 SGT. DAVID ROSSI:

Oh, yes. Thank you.

DAVID ROSSI, previously duly sworn, resumed the stand and testified further as follows: BY MR. MEDVENE:

# 6 Q:

Sergeant Rossi, you mentioned yesterday, you were assigned to West L.A. What does West Los Angeles cover, as far as the LAPD is concerned?

# 7 MR. BAKER:

Objection. Outside the scope, relevancy.

# 8 THE COURT:

Overruled.

# 9 A:

West Los Angeles covers the areas of Westwood and Brentwood, Pacific Palasades, and a little portion of South down by Palms area.

# 10 Q:

And does the West L.A. branch of the LAPD have a detective division?

# 11 A:

Yes, sir.

# 12 Q:

There's been reference -- you made reference yesterday to the robbery/homicide division. Where are they located?

# 13 A:

Robbery/homicide works out of Parker Center, downtown Los Angeles.

# 14 Q:

What is robbery/homicide, as you understand?

# 15 A:

Robbery/homicide is a division that handles major crimes involving robbery and homicide.

# 16 Q:

And to your knowledge, what was the primary reason that the double murder of Ms. Brown and Mr. Goldman was transferred to the robbery/homicide division from West Los Angeles?

# 17 MR. BAKER:

Objection. Hearsay, speculation, outside the scope.

# 18 THE COURT:

Sustained.

# 19 Q:

(BY MR. MEDVENE) What was your understanding of why it was transferred?

# 20 MR. BAKER:

Hearsay.

# 21 THE COURT:

Sustained.

His understanding has no relevance.

# 22 MR. MEDVENE:

May we be heard, Your Honor?

# 23 THE COURT:

No.

# 24 Q:

(BY MR. MEDVENE) You made reference to a conversation with Officer Riske yesterday, and I want to direct you to that conversation.

Did you discuss -- strike that.

Did Officer Riske discuss with you, in talking about the double murder, that one of the victims might be related to or involved in some way with O.J. Simpson?

# 25 A:

Yes, sir; he said it was possible.

# 26 Q:

Was that your initial conversation with him?

# 27 A:

Yes, sir.

# 28 Q:

Now, when you went to 870 South Bundy, early morning hours of June 13, did you notice at the scene what you thought was blood?

# 29 A:

Yes, I did.

# 30 Q:

Fresh blood?

# 31 A:

Yes.

# 32 Q:

How would you identify it?

Why do you think it was fresh blood?

# 33 A:

Because it was very, very red in color, and it still appeared quite moist.

KEY QUOTE

# 34 Q:

And where did you see it?

# 35 A:

Initially, on the walkway, outside of the location.

# 36 Q:

Do you have any experience in recognizing blood?

# 37 A:

As far as -- as far as what? What do you mean?

# 38 Q:

Well, recognizing blood, as opposed to berry juice or something like that.

# 39 MR. BAKER:

I'm going to object, Your Honor. It's outside the scope; it's 2034; and it's irrelevant, in view of the Court's ruling yesterday.

# 40 THE COURT:

I think it's outside the scope of the cross-examination.

Why are we revisiting the whole thing from the beginning?

# 41 MR. MEDVENE:

Well, it was a preliminary to my next question, Your Honor. I can go right to the next question, Your Honor.

# 42 Q:

(BY MR. MEDVENE) What was it about the stains you testified about on the rear gate that you saw on the 13th, that made you believe what you saw was blood?

# 43 A:

They appeared to be blood drops and/or smears.

I was several feet away from it when I looked at it with a flashlight, and Officer Riske told me it was blood. I didn't get real close to investigate it.

# 44 MR. BAKER:

Move to strike everything Officer Riske told him. Hearsay.

# 45 THE COURT:

Overruled. That shows the basis on which this officer had state of mind. It's received for that purpose only.

# 46 Q:

(BY MR. MEDVENE) When Officer Riske pointed out with his flashlight, was that in connection with walking through and showing you the crime scene?

# 47 A:

Yes, sir.

# 48 Q:

Did he ever kneel down and point to the specific spot that he thought was blood?

# 49 A:

Yes, he did.

# 50 Q:

Does the picture you saw which was put on the board yesterday, that I would represent to you was taken July 3, several weeks after you observed the blood --

# 51 MR. BAKER:

I object, Your Honor. What picture are we talking about? Vague and ambiguous.

# 52 THE COURT:

Sustained.

# 53 Q:

(BY MR. MEDVENE) Do you recall yesterday being directed to a picture of the rear gate and asked if you recognized the rear gate and what was on it?

# 54 A:

Yes.

# 55 MR. BAKER:

Your Honor, there were at least three pictures that we had of the rear gate. This is vague and ambiguous, too.

# 56 THE COURT:

Be more specific.

# 57 Q:

(BY MR. MEDVENE) Would you put up on the board -- let me put a new Exhibit up.

# 58 MR. MEDVENE:

Would you put on the board, Exhibit 82?

# 59 SGT. DAVID ROSSI:

Where is it?

# 60 MR. BAKER:

No, no. It's on the screen, Officer. I think that's 82. I'm here.

# 61 SGT. DAVID ROSSI:

Put this on the board?

What do you mean, put it on the board?

# 62 MR. MEDVENE:

We want to put it on the screen, not you.

KEY QUOTE

# 63 MR. CALLAN:

He was talking to you, not him.

# 64 MR. MEDVENE:

I'm sorry.

# 65 SGT. DAVID ROSSI:

I'm sorry, too.

# 66 Q:

(BY MR. MEDVENE) Can you tell us whether or not this picture, taken several weeks after you observed the blood, appears the same or different than the blood that you saw on June 13, just in terms of its color?

# 67 MR. BAKER:

I object. That was asked and answered yesterday.

# 68 THE COURT:

Overruled.

# 69 A:

You're asking me if it's the same color?

# 70 Q:

(BY MR. MEDVENE) Yeah. Does it look the same as this picture, taken two, three weeks later, as it did to you on June 13?

# 71 A:

I believe the color looks darker; however, the stains or the drops look the same.

KEY QUOTE

# 72 Q:

But the color looks darker?

# 73 A:

Yes, sir.

# 74 Q:

Okay. Thank you.

Did you make -- strike that.

About how much time did you spend by the rear gate on your walk-through with Officer Riske?

# 75 A:

Less than a minute. I just passed by it.

# 76 Q:

And did you make any specific note of exactly where the blood was that you recall seeing on the gate on June 13?

# 77 A:

Do you mean written note or mental note?

# 78 Q:

Yes, written.

# 79 A:

No, sir.

# 80 Q:

Is there any question in your mind, as you sit here today, that you recall seeing fresh blood on the bottom rung of the rear gate on June 13, when you took the brief walk-through with Officer Riske?

# 81 A:

No, sir, no question.

KEY QUOTE

# 82 MR. MEDVENE:

I have nothing further.

Thank you very much.

Temperature

procedural

Key Quotes (4)

Witness

Because it was very, very red in color, and it still appeared quite moist.

Rossi's basis for identifying the blood as fresh on the night of June 13 — supports the argument that blood was present early and authentic.

Witness

I believe the color looks darker; however, the stains or the drops look the same.

Key observation for the blood-on-gate controversy — darker color in the later photo is consistent with aging blood, cutting against defense claims the blood was planted later.

Witness

No, sir, no question.

Rossi's unequivocal confirmation that he saw fresh blood on the bottom rung of the rear gate on June 13, delivered as the closing answer of the examination.

Edward Medvene

We want to put it on the screen, not you.

Comic relief during exhibit handling confusion — Rossi thought he was being asked to physically mount something on the board.

Evidence (1)

Exhibit 82

Photograph of the rear gate at 870 South Bundy, taken approximately July 3 — several weeks after the murders

displayed on screen, witness compared its appearance to his June 13 observations

Notable Exchanges (2)

Edward Medvene•Witness•Mr. Callan

Confusion over who Medvene was addressing when asking someone to put Exhibit 82 on the screen — Rossi thought he was being told to do it himself, leading to brief comic clarification.

light

Robert Baker•Hiroshi Fujisaki

Baker objects that hearsay from Officer Riske should be stricken; Fujisaki overrules, admitting it only to show Rossi's state of mind and basis for his observations.

strategic

Light Moments (1)

Witness

Rossi, confused about exhibit instructions, asks 'Put this on the board? What do you mean, put it on the board?' — Medvene clarifies he was talking to the tech, not the witness. Rossi: 'I'm sorry, too.'

Credibility Attacks (1)

⚔ David Rossi

scope limitation / minimization

Baker repeatedly objected that redirect questions were outside the scope of cross, and the judge agreed on the transfer-to-robbery-homicide line of questioning, limiting Medvene's ability to rehabilitate the witness on that topic.

Objections

9 objections (3 sustained, 4 overruled)

Proceeding 8073 • 82 utterances • Defense witness

Civil Trial

Department 103