Redirect examination of Donald Thompson

📄 Redirect examination of Donald Thompson — Tuesday, October 29, 1996

Address:

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

TRIAL

▲ Day 5 of 57

◀ Direct examination of Donald Thompson Redirect examination of Officer Thompson ▶

Witness: Donald Thompson
Examiner: Edward Medvene
Called by: Plaintiff • Date: Tuesday, October 29, 1996 • Utterances: 295

P. Baker cross-examines LAPD Officer Donald Thompson about his actions at the Bundy crime scene on June 13, 1994. Baker establishes that Thompson entered Nicole Brown Simpson's residence without gloves or protective gear, retrieved a white blanket from an upstairs linen closet to cover her body at the defense's direction, and then traveled to Rockingham without changing clothes — building a contamination narrative. Baker also highlights that plaintiff's counsel only showed Thompson July 3 photographs (not June 13) during their morning prep session, and that portions of Thompson's field activities report have been darkened out.

# 1 MR. MEDVENE:

Thank you very much.

CROSS-EXAMINATION BY MR. P. BAKER:

# 2 Q:

Morning, Officer Thompson?

# 3 A:

Morning.

# 4 Q:

How are you?

# 5 A:

Doing very well. How are you?

# 6 Q:

Did you arrive at the courthouse first?

Did you first come to the courthouse?

# 7 A:

Did I come to the courthouse?

# 8 Q:

Today, did you?

# 9 A:

Yes.

# 10 Q:

First came straight to the courthouse?

# 11 A:

Yes.

# 12 Q:

You didn't go across the street to the Doubletree?

# 13 A:

Yes, I did.

# 14 Q:

Why did you go there, sir?

# 15 A:

I went there to meet one of the lawyers.

# 16 Q:

Which attorney did you meet?

# 17 A:

I met Mr. Petrocelli and his partner.

# 18 Q:

You met both attorneys this morning?

# 19 A:

Yes.

# 20 Q:

How long did you meet with them?

# 21 A:

Oh, I would say about an hour.

# 22 Q:

Were any other officers there?

# 23 A:

There was a detective there.

# 24 Q:

Was that Detective Phillips?

# 25 A:

Yes.

# 26 Q:

Did you go over what questions Mr. Medvene was going to ask you today?

# 27 A:

Yes.

# 28 Q:

Did you go over some photographs that he showed you today?

# 29 A:

Yes.

# 30 Q:

Did he explicitly show you the photographs that were on the board which were earlier referred to, Officer Thompson?

MR. P. BAKER: My first witness -- I'm going to knock everything over. (Referring to exhibit boards.)

# 31 Q:

(BY MR. P. BAKER) Did he show you these photographs, sir?

# 32 A:

Yes, he did.

# 33 Q:

Did he point out where the markers with were on the photographs to you, sir?

# 34 A:

I pointed those out to him.

# 35 Q:

But he showed them to you; is that correct, sir?

# 36 A:

Referred to photos.

# 37 Q:

Did he show you some photographs of the rear gate at Bundy?

# 38 A:

Yes.

# 39 Q:

Did he show you the photographs which were taken on July 3, 1994?

# 40 A:

Yes.

# 41 Q:

You seem confused.

Did he ever tell you that those photographs with the markers 115 and 116, were taken on July 3?

# 42 MR. MEDVENE:

Objection. Move to strike the comment of counsel.

# 43 THE COURT:

What?

# 44 MR. MEDVENE:

That he seemed confused.

# 45 THE COURT:

The "you seemed to be confused," that's stricken.

# 46 Q:

(BY MR. P. BAKER) Did he tell you that the photographs with the markers 115 and 116 were not taken on June 13?

# 47 A:

Yes.

# 48 Q:

Did he show you the photographs of June 13, 1994 before this morning?

# 49 A:

No.

# 50 Q:

He only showed you the photographs that were taken on July 3 this morning?

# 51 A:

Yes.

# 52 Q:

Okay. You were assigned to the West L.A. Division on June 13, Officer?

# 53 A:

Yes, I was.

# 54 Q:

And you were -- your partner was Angela Guzman; is that correct?

# 55 A:

That's correct.

# 56 Q:

Did you fill out daily field activity reports on June 13, 1994?

# 57 A:

Either I did or my partner did.

# 58 Q:

Let me show you a copy of the daily field activities report.

MR. P. BAKER: May I approach, Judge?

# 59 THE COURT:

Yes.

# 60 Q:

(BY MR. P. BAKER) Does that look like the daily field activities report you filled out?

# 61 A:

Looks like it's one my partner filled out.

# 62 Q:

Okay. That was to document the activities that you and your partner did on June 13, 1994?

# 63 MR. MEDVENE:

Objection. Calls for conclusion.

# 64 THE COURT:

Overruled.

# 65 Q:

(BY MR. P. BAKER) Do you know why portions of that document --

# 66 A:

I'm sorry. The answer to your last question was yes.

MR. P. BAKER: Okay.

# 67 Q:

(BY MR. P. BAKER) Do you know why portions of that document --

This is a new exhibit number. We'll mark it next in order, 2105.

# 68 MR. BAKER:

-05.

MR. P. BAKER: -04.

# 69 (Daily Activities Report dated June 13, 1994 for Officer Thompson, marked Plaintiffs' Exhibit 2104 for identification.)

# 70 Q:

(BY MR. P. BAKER) Do you know why portions of that report are darkened out, Officer?

# 71 A:

No, I don't.

# 72 Q:

You didn't darken them out, did you?

# 73 A:

No.

# 74 Q:

It reads that you arrived at West Los Angeles Station at approximately 6:30; is that correct?

# 75 A:

That's correct. That's for roll call.

# 76 Q:

What unit number were you assigned to?

# 77 A:

I was assigned to 8 Adam 95.

# 78 Q:

And you then proceeded later that day to 874 South Bundy?

# 79 A:

Yes, I did.

# 80 Q:

And if you hold up this document to the light, you can see through the darkened part. And that reads "874 South Bundy," correct, Officer?

# 81 A:

Yes. That's the 874 -- looks like the location across the street from 875.

# 82 Q:

Do you know which officers you relieved at 874 South Bundy on the morning of June 13, 1994?

# 83 MR. MEDVENE:

Objection. Relevance, materiality.

# 84 THE COURT:

Excuse me?

# 85 MR. MEDVENE:

Objection; relevance, materiality, which officers they relieved.

# 86 THE COURT:

You asked it on direct. Overruled.

# 87 A:

We didn't relieve any officers at 874; it was 875, which is the location.

# 88 Q:

(BY MR. P. BAKER) Okay.

# 89 A:

Rear of 875.

# 90 Q:

So you relieved a couple officers at the rear of 875 South Bundy?

# 91 A:

Yes, I did.

# 92 Q:

Which officers were those, Detective?

# 93 A:

That was officers Moore and Officer Donoway.

# 94 Q:

Okay. And what was their unit number?

# 95 A:

They were assigned to 8 Adam 95.

# 96 Q:

Did you see Detectives or Officers Gonzalez or Ashton at 875 South Bundy on the morning of June 13, 1994?

# 97 A:

I don't remember seeing them there.

# 98 Q:

They were assigned to 8 Adam 95, as well, that day; is that true?

# 99 A:

I have no idea what they were assigned to.

THE COURT REPORTER: Is that eight?

MR. P. BAKER: Number 8, Adam 95.

# 100 DONALD THOMPSON:

That's very possible. If they were working the shift before the shift I was working, it's very likely.

# 101 Q:

That would be at 8 Adam 95; is that true?

# 102 A:

That's possible.

# 103 Q:

I believe you testified you spent the duration of your time at 875 South Bundy in the back alleyway; is that correct?

# 104 A:

For the most part, yes, most of my time was spent in the back.

# 105 Q:

Where else did you go, Officer.

# 106 A:

I went inside the location.

# 107 Q:

Why did you go inside?

# 108 A:

I was asked to.

# 109 Q:

Who were you asked to go inside by?

# 110 A:

Detective Lange.

# 111 Q:

And what did he order you to do?

# 112 A:

He asked me to look for a sheet.

# 113 Q:

What type of sheet?

# 114 A:

He didn't say what type.

# 115 Q:

Did you look for a sheet?

# 116 A:

Yes, I did.

# 117 Q:

And what did you find?

# 118 A:

I found a sheet or blanket upstairs, in a linen hamper, linen closet.

# 119 Q:

Did he tell you what he wanted that sheet for?

# 120 A:

Yes.

# 121 Q:

What was that?

# 122 A:

It was to cover the body of Nicole Simpson.

# 123 Q:

He was asking to you go inside the residence and get a sheet from the residence to take to the crime scene, correct?

# 124 A:

Well, the residence is a part of the crime scene, also.

# 125 Q:

Well, he was asking you to get a blanket and take it where the bodies were; isn't that true, Officer?

# 126 A:

Well, he didn't ask me to take it to the bodies; he asked me to get the blanket for him.

KEY QUOTE

# 127 Q:

What was the color of blanket that you got, Officer?

# 128 A:

I'm sorry; ask again.

# 129 Q:

What was the color of the blanket you got?

# 130 A:

White.

# 131 Q:

Did you ever come to an understanding that that white blanket was used on the bodies at the crime scene?

# 132 A:

Yes, I did.

# 133 Q:

You'd been an officer for about seven years on June 13, 1994; isn't that true?

# 134 A:

That's true.

# 135 Q:

Did it ever cross your mind that hair and fibers of anybody who had ever used the blanket would be transferred to the crime scene?

KEY QUOTE

# 136 MR. MEDVENE:

Objection. Argumentative.

# 137 THE COURT:

Sustained.

# 138 Q:

(BY MR. P. BAKER) You did come to an understanding that that white blanket was placed on the bodies?

# 139 MR. MEDVENE:

Objection. Misstates the evidence, assumes facts not in evidence.

# 140 THE COURT:

Sustained.

# 141 Q:

(BY MR. P. BAKER) Where did you park your cars on Bundy Avenue and on that morning?

# 142 A:

Our car was parked in the rear.

# 143 Q:

Did you ever walk to the front of the residence?

# 144 A:

Yes.

# 145 Q:

And when did you walk to the front of the residence?

# 146 A:

On my initial arrival.

# 147 Q:

How did you get to the front of the residence?

# 148 A:

I drove.

# 149 Q:

You parked your car in the alleyway and then you drove around to the front?

# 150 A:

No; we initially parked in the front of the residence, and shortly thereafter, we drove the car to the rear.

# 151 Q:

Okay. Did you ever walk into the area where the bodies were found?

# 152 A:

Would you rephrase that question?

# 153 Q:

Were you ever within five feet of where the bodies were?

# 154 A:

Yes.

# 155 Q:

Did you have boots on that today?

# 156 A:

No, I didn't.

# 157 Q:

Did you have gloves on that today?

# 158 A:

No, I didn't.

# 159 Q:

Were any criminalists already at the scene when you were five feet from the bodies?

# 160 A:

No.

# 161 Q:

Was the coroner's office there when you were five feet from the body?

# 162 MR. MEDVENE:

Objection, Your Honor.

# 163 THE COURT:

Sustained.

# 164 Q:

(BY MR. P. BAKER) How long were you around the area of the bodies?

# 165 A:

Oh, maybe about 15 seconds, 20 seconds.

# 166 Q:

And how did you get to that area?

# 167 A:

I walked along the south side of the sidewalk.

# 168 Q:

Through the bushy area?

# 169 A:

In a bushy area, yes.

# 170 Q:

Okay. Did you ever walk on the sidewalk?

# 171 A:

No.

# 172 Q:

Did you ever walk on the walkway to the north of the residence?

# 173 A:

No.

# 174 Q:

Never at all on the morning of June 13, 1994? You walked on the north side walkway; is that true?

# 175 A:

Near the bodies, no.

# 176 Q:

Okay. How did you get to the back alley at that point?

# 177 A:

I went to the front, walked to the front, and then I entered my vehicle and we drove around to the back.

# 178 Q:

Okay. And where did you park your vehicle?

# 179 A:

At the rear of the location, in the alley, near the driveway.

# 180 Q:

Is that where you met detective Lange?

# 181 A:

Yes.

# 182 Q:

How long did you stay to the rear of the location?

# 183 A:

For the duration of the time; I stayed there up till about 8 o'clock or so.

# 184 Q:

How many times did you enter the house?

# 185 A:

Once.

# 186 Q:

How many officers were inside the house?

# 187 A:

When I entered, I don't recollect any officers being there in the

# 188 Q:

Detective Lange may have been inside the house?

# 189 A:

Yes.

# 190 Q:

Were they using the house as a command center, as far as you know?

# 191 MR. MEDVENE:

Objection, Your Honor.

# 192 THE COURT:

Sustained.

# 193 MR. BAKER:

We'll open with this witness on that area.

# 194 THE COURT:

You can open with it when it becomes your turn.

# 195 Q:

(BY MR. P. BAKER) You got the blanket out of the closet; is that correct?

# 196 A:

It was a linen closet on the second floor.

# 197 Q:

Where was the closet?

# 198 A:

Near a bathroom.

# 199 Q:

Near a bathroom?

# 200 A:

Yes, near a bathroom, and what seemed to be the children's bedroom.

# 201 Q:

So that was upstairs?

# 202 A:

Yes.

# 203 Q:

Did you see any candles in that bathroom?

# 204 MR. MEDVENE:

Objection. Scope.

# 205 THE COURT:

Sustained.

MR. P. BAKER: We'll open, judge.

# 206 THE COURT:

You can open when you call him as your witness.

MR. P. BAKER: I want to save some time and not bring him back down here. It will only be a couple minutes.

# 207 THE COURT:

Go ahead.

# 208 Q:

(BY MR. P. BAKER) Did you see if candles were burning, Officer Thompson --

# 209 MR. MEDVENE:

Objection. Relevance, materiality, whether the candles were burning.

# 210 THE COURT:

Overruled.

# 211 A:

I didn't answer the first question if I saw candles in the first place.

And the answer to that is no.

# 212 Q:

You never saw candles in the bathroom?

# 213 A:

I don't recollect seeing any candles in the bathroom.

# 214 Q:

Did you ever see water in the bathtub, Officer Thompson?

# 215 A:

I didn't look inside the bathtub, so, no.

# 216 Q:

When you walked inside the house, how did you get to the upstairs portion of the house?

# 217 A:

Walked up some stairs.

# 218 Q:

Did you enter -- I'm sorry; the question was bad.

Did you enter through the garage, or did you walk around the walkway?

# 219 A:

I entered through the garage.

# 220 Q:

Did you see an ice cream cup on the bannister of the lower area of the condominium?

# 221 A:

No.

# 222 Q:

How many times did you enter the condominium, sir?

# 223 A:

One time.

# 224 Q:

And how many times did you walk on the north walkway of the residence, sir?

# 225 A:

I think you need to rephrase that question.

# 226 Q:

What about that question don't you understand?

# 227 A:

You're asking me if I walked along the north walkway. I didn't walk along the north walkway.

# 228 Q:

How many times were you on the north walkway on the northern part of the condominium?

# 229 A:

Once.

# 230 Q:

And that was at the rear of the location?

# 231 A:

And that was the rear of the location.

# 232 Q:

In the driveway?

# 233 A:

Not in the driveway, toward the rear fence, the rear gate.

# 234 Q:

Did you walk through the fence?

# 235 A:

A few feet, yes.

# 236 Q:

Who opened the fence for you, or did you open it yourself?

# 237 A:

The fence was open; I didn't touch it.

# 238 Q:

Which way did it open? Did it open towards Bundy, or did it open towards the alley?

# 239 A:

I don't remember how it opened.

# 240 Q:

Who was there when you walked through the fence?

# 241 A:

No one.

# 242 Q:

You were just standing there alone?

# 243 A:

I was there alone in that immediate vicinity, yes. My partner was in the car at the rear of the location, so she may have been maybe within 20 feet of me.

# 244 Q:

As far as you know, Angela Guzman, was she able, if she looked, to see you standing near the fence?

# 245 MR. MEDVENE:

Objection. Calls for conclusion.

# 246 THE COURT:

Sustained.

# 247 Q:

(BY MR. P. BAKER) Where was Detective Lange when you walked through the fence area?

# 248 A:

I don't know.

# 249 MR. MEDVENE:

Objection.

# 250 Q:

(BY MR. P. BAKER) Did you see any blood -- strike that. There was no blood on the mesh of the fence, was there, on June 13, 1994?

# 251 A:

Well, I saw some smears on the mesh. I couldn't decide if it was blood or not.

KEY QUOTE

# 252 Q:

You could decide that the blood was on the bottom rail; is that correct?

# 253 A:

Yes.

# 254 Q:

I want to show you an exhibit, which is photograph 2102.

# 255 (The instrument herein described as a photograph of walkway marked for identification as Plaintiffs' Exhibit No. 2102.)

# 256 Q:

(BY MR. P. BAKER) Did Ed Medvene or Dan Petrocelli show you a photograph this morning, or a copy of this photograph this morning, Officer?

# 257 A:

No.

# 258 Q:

Didn't tell that you that photograph was taken on June 13, 1994?

# 259 MR. MEDVENE:

Objection, Your Honor. He said he wasn't --

# 260 THE COURT:

What's the objection? I can't hear you.

# 261 MR. MEDVENE:

The witness has said he wasn't shown the photo this morning. The question was just, did they tell you such and such.

# 262 THE COURT:

Sustained.

# 263 Q:

(BY MR. P. BAKER) How many blood drops did you see on the bottom rail of that photograph, Officer Thompson?

# 264 A:

May I get up and --

# 265 Q:

You certainly may.

# 266 A:

-- and look closely?

Thank you.

It's too hard to tell what is in that area. There's too much grain there in the photograph.

# 267 Q:

Okay. Well, let me show you a close-up of that photograph, Exhibit 719.

How many blood drops do you see on that bottom rail?

# 268 A:

Well, I can't see the entire bottom rail. It looks like this is only the last foot and a half of the bottom rail.

There's more down here. I'd like to see a photograph that shows --

Okay. (Referring to view screen.)

# 269 Q:

Good enough?

# 270 A:

Yes. (Witness reviews view screen.)

Okay. I see a spot here, but I can't tell what that is.

# 271 Q:

That's the only spot you see, correct, Officer Thompson?

# 272 A:

Yes, on this photograph.

# 273 Q:

Thank you.

You subsequently --

By the way, did you wear any boots when you were in that --

# 274 MR. MEDVENE:

Objection.

# 275 THE COURT:

You asked that question already.

# 276 Q:

(BY MR. P. BAKER) I'm not done.

Did you wear any boots when you were on the rear walkway, north walkway?

# 277 A:

Near the rear.

# 278 MR. MEDVENE:

Objection. Move to strike.

# 279 THE COURT:

Overruled.

# 280 Q:

(BY MR. P. BAKER) You then went to 360 North Rockingham; is that true?

# 281 A:

Yes, I did.

# 282 Q:

You didn't change your clothes at all on the way to 360 North Rockingham, did you?

# 283 A:

No.

# 284 Q:

What time did you arrive at 360 North Rockingham?

# 285 A:

About five minutes after 8:00, 8 o'clock.

# 286 Q:

On your field activities report, the portion that is darkened out --

MR. P. BAKER: Let me actually show that to Mr. Medvene. I'm sorry.

# 287 Q:

(BY MR. P. BAKER) First, what does that field activities report say for the purpose of you going to Rockingham?

# 288 A:

States a follow-up from the previous incident on Bundy.

# 289 Q:

Okay. I'm sorry; my question was vague.

# 290 A:

Yes.

# 291 Q:

What was the disposition of what you were to do at 360 North Rockingham? It's in the darkened area, if you would like hold it up to the light.

# 292 A:

Protect a secondary crime scene, start a crime-scene log.

KEY QUOTE

# 293 Q:

Did you start the crime-scene log, Officer Thompson?

# 294 A:

No, I didn't.

# 295 Q:

And you arrived at about 8 o'clock in the morning?

Temperature

tense

Key Quotes (4)

P. Baker

Did it ever cross your mind that hair and fibers of anybody who had ever used the blanket would be transferred to the crime scene?

Direct articulation of the defense's contamination theory — that a blanket from Nicole's home introduced foreign trace evidence to the body.

Donald Thompson

Well, he didn't ask me to take it to the bodies; he asked me to get the blanket for him.

Thompson tries to distance himself from responsibility, but the functional result — a blanket from the house placed on the bodies — is the same either way.

Donald Thompson

Well, I saw some smears on the mesh. I couldn't decide if it was blood or not.

Thompson acknowledges seeing smears on the rear gate fence mesh on June 13 — directly relevant to whether blood was present at the gate before later photographs were taken.

Donald Thompson

Protect a secondary crime scene, start a crime-scene log.

The redacted portion of the activities report, revealed by holding it to the light, shows Thompson's Rockingham assignment — raising questions about why it was obscured.

Evidence (4)

Plaintiffs' 2104

Daily Field Activities Report for Officer Thompson, June 13, 1994, with portions darkened/redacted

introduced and examined; Baker demonstrates redacted text is readable when held to light

Plaintiffs' 2102

Photograph of the north walkway/rear gate area at 875 South Bundy

shown to witness to examine blood drops on bottom rail of rear gate

719

Close-up photograph of the bottom rail of the rear gate at Bundy

shown to witness; Thompson can identify only one spot and cannot confirm what it is

Informal

July 3, 1994 photographs of the rear gate with blood markers 115 and 116

referenced; Baker establishes Petrocelli showed Thompson only these photos — not June 13 photos — during morning prep

Notable Exchanges (4)

P. Baker•Donald Thompson

Baker establishes that Thompson retrieved a white blanket from Nicole's upstairs linen closet, at Detective Lange's direction, for use on her body — without gloves, without protective gear, and without apparent concern for trace evidence transfer.

strategic

P. Baker•Donald Thompson

Baker reveals that the redacted portions of Thompson's field activities report (Exhibit 2104) can be read by holding the document up to light — exposing the address '874 South Bundy' and the Rockingham assignment details.

revealing

P. Baker•Donald Thompson

Baker presses Thompson on what he saw at the rear gate fence — Thompson acknowledges seeing smears on the mesh but says he couldn't tell if it was blood, while confirming blood was visible on the bottom rail.

strategic

P. Baker•Edward Medvene•Hiroshi Fujisaki

Baker asks about candles in the bathroom during cross; Medvene objects on scope; Baker tells the judge he wants to save time and not recall Thompson. Fujisaki allows it.

procedural

Light Moments (1)

P. Baker

Baker nearly knocks over the exhibit boards while approaching his first witness: 'I'm going to knock everything over.'

Credibility Attacks (2)

⚔ Donald Thompson

pre-testimony coaching / selective preparation

Baker establishes Thompson met with Petrocelli and Medvene for an hour at the Doubletree the morning of his testimony, reviewed the photographs he would be shown, and was only shown July 3 rear gate photos — not the June 13 originals — suggesting selective framing of what Thompson was prepared to testify about.

⚔ LAPD / plaintiff's counsel

document alteration / concealment

Baker highlights that portions of Thompson's official field activities report have been darkened out, and demonstrates the text is still legible when held to light — implying an attempt to conceal information about Thompson's movements.

Witness Demeanor

(Witness gets up from stand to examine photograph 2102 more closely)

(Witness reviews view screen to examine Exhibit 719)

Objections

13 objections (8 sustained, 4 overruled)

Proceeding 8077 • 295 utterances • Plaintiff witness

Civil Trial

Department 103