Redirect examination of Officer Thompson (1 of 2)

📄 Redirect examination of Officer Thompson (1 of 2) — Tuesday, October 29, 1996

Address:

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

TRIAL

▲ Day 5 of 57

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

Witness: Donald Thompson
Examiner: Edward Medvene
Called by: Plaintiff • Date: Tuesday, October 29, 1996 • Utterances: 220

Baker cross-examines Officer Thompson, attacking the integrity of the crime scene at 360 North Rockingham on June 13, 1994. The examination focuses on the inaccuracy of the crime scene log (which showed Fuhrman arriving after midnight, contradicting Thompson's own observation), the inadequate security of the Bronco (people placed coffee cups on it and ran up to the door), and Thompson's failure to take any written notes of the blood he observed. Baker also uses Thompson's prior criminal trial testimony to show inconsistency regarding whether the Bronco was locked.

# 1 (The instrument herein described as crime scene police log was marked for identification as Plaintiffs' Exhibit No. 200.)

# 2 A:

That log states that I arrived at 11:45, which is not true.

# 3 Q:

So that crime-scene log is inaccurate?

# 4 A:

I'm sorry? Say again.

# 5 Q:

That crime-scene log is inaccurate?

# 6 A:

I'm not saying the log is inaccurate; all I'm saying is that --

# 7 MR. KELLY:

Excuse me, Mr. Baker. Could you please leave it up there while he's still testifying.

Thank you.

# 8 A:

I'm saying that the time depicted beside my unit, 8 Adam 5, which shows me and my partner arriving at 11:45 is inaccurate.

# 9 Q:

Did you see Detective Fuhrman there before 11:45, Officer?

# 10 A:

Yes.

# 11 Q:

And so with that log, Exhibit 200, that has Detective Fuhrman arriving at least after 12 o'clock, that would be inaccurate, as well?

# 12 A:

Well, I can't even read the time that it says Detective Fuhrman arrived.

# 13 Q:

You would agree that Detective Fuhrman was certainly there before 12 o'clock, true?

# 14 A:

Yes, I would say that. Yes.

# 15 Q:

In fact, it was Detective Fuhrman who pointed out the first blood spot to you; isn't that true, Officer Thompson?

# 16 A:

Yes.

# 17 Q:

Did it ever cross your mind why Detective Fuhrman was at 360 Rockingham, in light of the robbery/homicide division had already taken over the case?

# 18 MR. MEDVENE:

Objection. Calls for conclusion, argumentative.

# 19 THE COURT:

Jury to disregard that question.

The question assumes an argumentative position and it's inappropriate.

Please desist from that.

MR. P. BAKER: I apologize.

# 20 Q:

(BY MR. P. BAKER) Where were you when you saw the blood smears in the Bronco, Officer?

# 21 A:

I was standing just outside of the passenger window when I saw the initial blood smears inside the Bronco on the center console.

# 22 Q:

Okay. And you arrived -- it was sunny there when you arrived at 360 North Rockingham, wasn't it?

# 23 A:

The sun was up.

# 24 Q:

In fact, the sun came up on June 13, 1994, at 5:41 a.m.; isn't that true?

# 25 A:

You have to ask the Farmer's Almanac on that one. (Laughter.)

KEY QUOTE

# 26 MR. BAKER:

I'd like the Court to take a note of that time, sunrise at 5:41.

# 27 THE COURT:

I don't have any basis.

# 28 MR. BAKER:

I'll give you that, Your Honor.

# 29 Q:

(BY MR. P. BAKER) You were looking pretty closely inside that Bronco; is that correct?

# 30 A:

Yes.

# 31 Q:

You were trying to see whatever you could find inside the Bronco when you arrived on the morning of June 13 1994, correct?

# 32 A:

That's correct.

# 33 Q:

And you looked to see if the Bronco was locked, correct?

# 34 A:

Yes.

# 35 Q:

Do you remember testifying in the criminal case of People of the State of California versus us Donald Thompson, on July 18, 1995?

# 36 A:

Versus me?

# 37 Q:

Oh, versus O.J. Simpson.

# 38 (Laughter.)

# 39 Q:

(MR. P. BAKER) 37549.

Do you remember testifying at the criminal trial on July 18, 1995, Officer?

# 40 A:

Yes, I do.

What line?

# 41 Q:

It's right here at the bottom.

I don't have the right page.

Lines right here, on 23, 25.

Let to me read to you from page 37549, lines 23 through 25.

"Q. Do you know whether or not the Bronco was locked?

"A. I don't know if it was locked or not."

Does that refresh your recollection, Officer?

# 42 A:

That's true.

# 43 Q:

Now, as I understand it, you observed blood on the Bronco console, on the Bronco passenger seat, true?

# 44 A:

Yes.

# 45 MR. BAKER:

2103.

MR. P. BAKER: It's 2103.

# 46 Q:

(BY MR. P. BAKER) I was going to show it to you real quick before I put it on the screen.

# 47 A:

Okay.

# 48 (Witness reviews document.)

# 49 Q:

You saw blood on the console, Officer Thompson, or what you believed to be blood?

# 50 A:

Yes, I did.

# 51 Q:

And you saw what you believed to be blood on the passenger seat, correct?

# 52 A:

Yes.

# 53 Q:

And how long was it between seeing the initial -- between your first observation of what you believed to be blood and your second observation?

# 54 A:

Well, I'd say within about an hour or so, as it got lighter.

# 55 Q:

And on both occasions, were you looking through the passenger-side window?

# 56 A:

To obtain this view, yes.

# 57 Q:

Did you look through the Bronco -- through any other windows?

# 58 A:

Yes, through the driver's-side window, also.

# 59 Q:

When did you look through the driver's-side window?

# 60 A:

I looked through the driver's-side window the same time I looked through the passenger-side window.

# 61 Q:

You walked around the front of the Bronco and looked through the front?

# 62 A:

Yes, I did.

# 63 Q:

Now, there was a number of media there that morning; is that correct?

# 64 A:

When I arrived?

# 65 Q:

Well when you were looking through the Bronco.

# 66 A:

When I arrived, there were two free-lance photographers there.

# 67 Q:

Okay. Were there any camera people there when you arrived?

# 68 A:

Video?

# 69 Q:

Video camera.

# 70 A:

Video camera. Not to my knowledge.

# 71 Q:

When you looked through the Bronco on the second occasion, were there any video-camera personnel?

# 72 A:

I'm not sure.

# 73 Q:

All right. Well, you were there from about 8:00 to 3:30 in the afternoon; is that true, Officer?

# 74 A:

That is, yes.

# 75 Q:

How many media personnel would you say were there, at a maximum, during the day?

# 76 A:

Possibly as many people as in this courtroom. At least.

# 77 Q:

Hundred, 150?

# 78 A:

There were a lot of people there. There were dozens and dozens.

# 79 Q:

And they were pretty unruly, true?

# 80 A:

Some were. Most weren't.

# 81 Q:

Okay. But you had a hard time controlling the media, correct?

# 82 A:

Some, but not all.

# 83 Q:

All right. And what portion of Rockingham were assigned to secure?

# 84 A:

The front entrance.

# 85 Q:

Around the Bronco?

# 86 A:

Yes.

# 87 Q:

All right. And you and Officer Guzman were ordered to secure the area around the Bronco, correct?

# 88 A:

Yes.

# 89 Q:

Were you able, during your entire time there, capable of preventing people from touching the Bronco?

# 90 A:

Myself?

# 91 Q:

Yes.

# 92 A:

For the most part, yes.

# 93 Q:

Well, at one point in the day, you observed coffee cups on the hood of the Bronco; isn't that true?

# 94 A:

That's true.

# 95 Q:

And you had to give the coffee cups to a news photographer or news media representative, didn't you?

# 96 A:

I'm sorry; repeat that question.

# 97 Q:

And you -- I'm sorry; it was bad.

And you returned the coffee cups to the reporter who had placed them there, didn't you?

# 98 A:

Well, I directed the person to the coffee cups that were on the cars -- on the Bronco.

# 99 Q:

I'm sorry; I didn't hear that.

# 100 A:

I directed them to the Bronco, showing them the cups on it.

# 101 Q:

You didn't give her back the cup of coffee?

# 102 A:

Well --

# 103 THE COURT:

What's the relevance of this, whether he gave it back to her or she took it or whatever?

MR. P. BAKER: This is how you secure --

# 104 THE COURT:

Well, let's get on with it.

# 105 Q:

(BY MR. P. BAKER) Did you see anyone touch the Bronco?

# 106 A:

I saw someone come very close. I couldn't tell if they did touch it or not.

At one point.

# 107 Q:

And they walked up to the driver's-side door?

# 108 A:

They ran up to the driver's-side door, took a quick peek, and ran back.

# 109 Q:

To peer in through the window?

# 110 A:

Yes.

# 111 Q:

I'm just going to throw it on the board, Exhibit 862.

Is that the lady running up to the side door of the Bronco?

# 112 (The instrument herein described as Photo of white vehicle with lady running to side of door was marked for identification as Plaintiffs' Exhibit No. 862.)

# 113 A:

Yes.

# 114 Q:

So you're not sure if the Bronco was secure or not on June 13, 1994, are you?

# 115 A:

Oh I'm absolutely sure it was secure.

KEY QUOTE

# 116 Q:

Well, people were able to put coffee cups on the Bronco while you were assigned to secure it; isn't that true?

# 117 A:

That's true.

# 118 Q:

And people were able to run up to the side door of the Bronco when you were supposed to secure it; is that true?

# 119 A:

That's true.

# 120 Q:

At some point during the day, you received orders from Phil Vannatter, didn't you, at about noontime?

# 121 A:

Oh, yes.

# 122 Q:

What orders did you receive from Phil Vannatter on the morning of June 13, 1994?

# 123 A:

I was directed to handcuff Mr. Simpson as soon as he arrived.

# 124 Q:

Do you recall specifically Phil Vannatter telling you to handcuff O.J. Simpson upon his arriving at 360 North Rockingham?

# 125 MR. MEDVENE:

Objection. Outside the scope, hearsay.

# 126 THE COURT:

Sustained.

You want to present this at your part of case; do it at your part of case.

MR. P. BAKER: I'll reopen, Judge.

# 127 THE COURT:

No. Plaintiff is putting on their case; you're trying to put on your case out of order.

MR. P. BAKER: I'm trying to save time, Judge.

# 128 THE COURT:

No. That's not going to save time.

MR. P. BAKER: Okay.

# 129 Q:

(BY MR. P. BAKER) Of the blood you observed in the Bronco, did you photograph it or -- I'm sorry.

Of the blood you observed in the Bronco, did you take any notes of seeing that?

# 130 A:

Written notes, no.

# 131 Q:

Did you take any field notes?

# 132 A:

No.

# 133 Q:

Any raw notes?

# 134 A:

No.

# 135 Q:

The blood you observed on the Bundy gate, where -- you believed you saw on the Bundy gate, did you take any field notes of that?

# 136 A:

No, no written notes.

# 137 Q:

No raw notes?

# 138 A:

Good mental notes, though.

KEY QUOTE

# 139 Q:

You were interviewed by Detective Ron Phillips on April 7, 1995 about your actions and observations on June 13, 1994; is that correct, sir?

# 140 A:

That's correct.

# 141 Q:

Did you tell Detective Phillips that you observed what you believed to be blood on the Bundy gate during that interview?

# 142 A:

No, I didn't. I wasn't asked.

# 143 Q:

Well, he asked you about your observations on June 13, didn't he?

# 144 A:

Yes, he did.

# 145 Q:

Did you tell him about the blood, or what you believed to be blood you observed on the Bronco when you talked to Detective Phillips on April 7, 1995?

# 146 A:

I'm sorry; repeat the question again.

# 147 Q:

Did you tell Detective Phillips on April 7, 1995, of the blood you believed you observed in the Bronco on June 13?

# 148 A:

I don't remember if he asked. I'm sure he did. If he didn't, I didn't tell him.

# 149 MR. BAKER:

Move to strike as nonresponsive.

# 150 MR. MEDVENE:

Objection. More than one counsel for the same party.

# 151 THE COURT:

Sustained. One at a time.

MR. P. BAKER: Move to strike as nonresponsive.

# 152 THE COURT:

No.

# 153 Q:

(BY MR. P. BAKER) Would you like to look at your report, Officer Thompson?

# 154 A:

Why not?

# 155 (Witness reviews documents.)

# 156 Q:

Did you get a chance to review that?

# 157 A:

Yes, I did.

# 158 Q:

Is there any mention of any observation of what you believed to be blood in the Bronco in that report?

# 159 MR. MEDVENE:

Objection. Argumentative.

# 160 THE COURT:

Overruled.

# 161 MR. MEDVENE:

And lack of foundation, Your Honor.

# 162 DONALD THOMPSON:

No, this is --

# 163 THE COURT:

Excuse me just a minute.

# 164 MR. MEDVENE:

It's Officer Phillips' report, Your Honor.

# 165 THE COURT:

Sustained.

# 166 Q:

(BY MR. P. BAKER) What time did you see what you believe to be blood at 360 North Rockingham, the drops that you identified earlier?

# 167 A:

That was shortly after my arrival.

# 168 Q:

You didn't photograph any of the blood, correct?

# 169 A:

No.

# 170 Q:

You didn't mark any of the blood?

# 171 A:

Mark the blood?

# 172 Q:

You know, put the cards up that are in the photos.

# 173 A:

No.

# 174 Q:

Okay. You didn't collect any of the blood that you identified earlier?

# 175 A:

No.

# 176 Q:

Okay. Now, you stated earlier that you saw two blood drops in this photograph; is that correct?

# 177 A:

Yes.

# 178 Q:

Or what appear to be -- what you believe were blood drops?

# 179 A:

Yes.

# 180 Q:

I ask that you mark, sir, what you believe were blood drops, in that photograph.

MR. P. BAKER: What Exhibit is this?

# 181 MR. BLASIER:

162.

MR. P. BAKER: 162.

# 182 DONALD THOMPSON:

With this?

MR. P. BAKER: Your highlighter works great.

# 183 (Witness marks Exhibit 162.)

# 184 MR. MEDVENE:

I'm unclear. Is the witness looking at 162, the blow-up of the blood drop between the front and the --

# 185 THE COURT:

I haven't the faintest.

MR. P. BAKER: It's the bottom.

# 186 MR. PETROCELLI:

What Exhibit number?

MR. P. BAKER: It's Exhibit 162. It's this photograph which you referred to earlier with the C.

Why don't you put your initials right here, just for the record.

# 187 (Witness complies.)

# 188 (Mr. Medvene reviews document marked by witness.)

# 189 MR. BAKER:

Five.

# 190 THE CLERK:

Five.

MR. P. BAKER: 2105.

# 191 (Photograph of blood drops at 360 North Rockingham was marked Plaintiffs' Exhibit 2105 for identification.)

# 192 Q:

You observed two blood drops in that photograph, Officer Thompson?

# 193 A:

Yes; I observed what appears to be two blood drops in that photograph.

# 194 Q:

And the blood drops that you observed which are documented in that photograph appear to be of the same consistency of the blood you observed throughout Rockingham?

# 195 A:

It's one under the card, C, yes.

# 196 Q:

The other, what you believe to be a blood drop, does not have the same consistency of the other blood drops at 360 North Rockingham?

# 197 A:

It doesn't look like it from this photograph.

# 198 Q:

Is the blood drops -- strike that.

Which blood drop of Exhibit 2104 -- 2105 is most consistent with the blood you observed at Bundy?

# 199 A:

May I use the pointer?

# 200 Q:

Sure.

# 201 A:

That one right there.

# 202 Q:

All right. Witness is pointing to the lower blood drop of Exhibit 2105.

Did that appear to be of the same consistency of the blood you saw, or which you had marked earlier which you noted at 360 North Rockingham?

# 203 A:

Yes.

# 204 Q:

And did it appear to be the same consistency of the blood you observed at Bundy?

# 205 A:

For the most part, yes. It looked different because that's a porous driveway. The blood I saw on the fence wasn't -- the fence isn't porous, so the blood takes a different appearance when you look at it.

# 206 Q:

Did you ever come to any conclusion on June 13, 1994, where the right-hand glove was found?

# 207 A:

I'm sorry; repeat that.

# 208 Q:

Sure.

# 209 MR. MEDVENE:

Objection. Scope, Your Honor.

# 210 THE COURT:

What is the question?

MR. P. BAKER: You want me to rephrase it?

# 211 THE COURT:

I would like to hear what the question was.

# 212 (Record read by the reporter as follows:)

# 213 THE COURT:

Sustained.

# 214 Q:

(BY MR. P. BAKER) You don't see any blood drops going toward the southern side of the residence on the morning of June 13, 1994?

# 215 MR. MEDVENE:

Objection. Assumes he went to the south side of the residence. There's no testimony of that.

# 216 THE COURT:

I don't think it assumes anything. Overruled.

# 217 Q:

(BY MR. P. BAKER) Did you look for blood on the driveway on June 13, 1994?

# 218 A:

Yes.

# 219 Q:

Did you see any blood toward the southern walkway of the residence on that morning?

# 220 A:

Not near the garage.

MR. P. BAKER: I have no further questions.

REDIRECT EXAMINATION BY MR. MEDVENE:

Temperature

tense

Key Quotes (4)

Officer Thompson

You have to ask the Farmer's Almanac on that one.

Deflects Baker's attempt to nail down the exact sunrise time; drew laughter and briefly lightened the proceedings.

Officer Thompson

Good mental notes, though.

Quip after admitting he took no written, field, or raw notes of the blood he observed — undermines the thoroughness of his documentation.

Officer Thompson

Oh I'm absolutely sure it was secure.

Confident assertion immediately followed by admissions that people placed coffee cups on the Bronco and ran up to the driver's side door — a setup for Baker's chain of impeachment.

Officer Thompson

I didn't tell him. I wasn't asked.

Explains why he never told Detective Phillips about blood he observed on the Bundy gate — raises questions about completeness of his April 1995 interview.

Evidence (5)

Plaintiffs' 200

Crime scene police log recording arrival times of officers and detectives at 360 North Rockingham

Challenged — Thompson testified his own listed arrival time (11:45) was inaccurate and that Fuhrman's logged arrival after midnight was also wrong

Plaintiffs' 862

Photograph of an unidentified woman running up to the driver's side door of the Bronco

Introduced to demonstrate Bronco security failure during Thompson's watch

Plaintiffs' 162

Photograph of blood drops at 360 North Rockingham (referenced earlier in direct, identified by card 'C')

Witness marked what he believed to be two blood drops on the exhibit

Plaintiffs' 2105

Photograph of blood drops at 360 North Rockingham (re-marked version after witness annotation)

Introduced; Thompson identified which drop was consistent with Bundy blood and which differed

Informal

Criminal trial transcript, July 18 1995, page 37549 lines 23-25 — Thompson testified he did not know whether the Bronco was locked

Used to impeach Thompson's apparent trial testimony that he had checked the lock

Notable Exchanges (4)

Robert Baker•Officer Thompson

Baker accidentally read the case caption as 'People of the State of California versus Donald Thompson' — the witness responded 'Versus me?' — prompting laughter before Baker corrected himself to 'O.J. Simpson'

light

Robert Baker•Officer Thompson•Judge Fujisaki

Baker pressed Thompson on whether the Bronco was truly secured, building from coffee cups on the hood to a woman photographed running to the driver's door. Thompson insisted the scene was 'absolutely secure' then conceded both incidents happened.

revealing

Robert Baker•Judge Fujisaki

Baker tried to elicit testimony about Vannatter's order to handcuff Simpson. Fujisaki sustained the objection and told Baker to save it for the defense's case-in-chief. Baker argued it would 'save time'; Fujisaki flatly replied 'No. That's not going to save time.'

procedural

Robert Baker•Officer Thompson

Thompson admitted he took no written, field, or raw notes of the blood he observed on the Bronco or the Bundy gate, quipping 'Good mental notes, though.' Baker did not follow up — letting the admission stand.

strategic

Light Moments (3)

Officer Thompson

Baker asked Thompson to confirm the exact sunrise time on June 13, 1994 (5:41 a.m.). Thompson replied 'You have to ask the Farmer's Almanac on that one,' drawing laughter from the courtroom.

Officer Thompson

Baker accidentally referred to the criminal case as 'People of the State of California versus Donald Thompson.' The witness replied 'Versus me?' The correction prompted another round of laughter.

Robert Baker

After Thompson marked Exhibit 162 with a highlighter, Baker said 'Your highlighter works great' — brief moment of informality.

Credibility Attacks (4)

⚔ Officer Thompson

prior inconsistent statement

Baker read from Thompson's July 18, 1995 criminal trial testimony (page 37549) where he said he did not know whether the Bronco was locked — contrasting with his apparent current implication that he had checked it.

⚔ Officer Thompson

omission / failure to document

Thompson admitted he took no written notes, field notes, or raw notes of the blood he observed on the Bronco console, passenger seat, or the Bundy gate, and never reported it to Detective Phillips in the April 7, 1995 interview.

⚔ Officer Thompson

contradiction by conduct

Thompson claimed the Bronco was 'absolutely secure' but admitted media placed coffee cups on the hood and that a woman was photographed running up to the driver's side door while he was the assigned security officer.

⚔ Crime scene log (Plaintiffs' 200)

witness impeachment of document

Thompson testified that the log incorrectly showed his unit arriving at 11:45 (too late) and that Fuhrman's logged arrival time after midnight was also wrong — he had personally seen Fuhrman at the scene before midnight.

Witness Demeanor

(Laughter) — courtroom reaction to 'Farmer's Almanac' quip

(Laughter) — courtroom reaction to 'Versus me?' exchange

(Witness reviews document.) — multiple instances reviewing reports and photographs

(Witness marks Exhibit 162.) — annotated photograph with highlighter

(Witness complies.) — initialed exhibit per Baker's instruction

Requested pointer to indicate specific blood drop on photo rather than describing verbally

Objections

7 objections (4 sustained, 2 overruled)

Proceeding 8080 • 220 utterances • Plaintiff witness

Civil Trial

Department 103